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HomeMy WebLinkAbout1000-87.-5-21.7LEGEND ,\ S64.47'~C 21 .OD' D x *to X 51 4.5 EXISTING MAdOR CONTOURS EXISTING MINOR CONTOURS COURSES/DISTANCES PER "SURVEY FOR JAMES BITSES" BY PECONIC SURVEYORS DATED: JULY 1986 PROPOSED STREET TREE PROPOSED STREET LIGHT OPEN SPACE / CONSERVATION AREA LIMIT Of ASPHALT PAVEMENT PER TOWN OF SOUTHOLD SPECIFICATIONS. AREA WITHIN INDIVIDUAL LOTS TO REMAIN NATURAL· No. 1 EL. 8.0' TOPSOIL (PT) SILTY CLAY/ RACE GRAVEL (CE) GROUND WATER EL. 1.0 RNE SAND/ TRACE GRAVEL (SP) -- (ws) T d ProPOSeD CONTOURS PROPOSED ELEVATIONS PROPOSED SILT FENCE PROPOSED WATER SERVICE PROPOSED FLOW DIRECTION SIGN FENCE CATCH BASIN WETLAND FLAG MONUMENT PIPE UTILITY POLE OVERHEAD WIRES TEST HOLES Nc=,. 2 EL. 6.6' TOPSOIL (PT) -0,5' SILTY CLAY (CL) -2.0' GROUND WATER EL. 1.0 FINE SAND/ TRACE GRAVEL (SP) SILTY CLAY (CL} FINE/ MEDIUM SAND (sw) MINOR SUBDIVISION LOT NUMBER TAX MAP LOT NUMBER GROUND WATER -7·6' EL. 1.0 o (EL. +.. X6,6 -16.0' ,% No..I'1 EL. 8,0' TOPSOIL (PT) SILTY CL~ Y (CE) SILT (ML) FINE SANB/ TRACE GRAVEL (SP) TO CREEK ~ ,/ SITE DATA ZONE: AC RESIDENCE AREA OF MAP: 14·54 ACRES NOI'F: OPEN SPACE / CONSERVATION AREA TO XE.7 /' / % % (AREA OF MAP TO OBSERVED HIGH WATER MARK: 1~.35 ACRES) AREA IN LOTS: 2.86 ACRES AREA IN R.O,W.: 0.16 ACRES AREA IN TIDAL AND FRESHWATER WE:TLANDS: 6.62 ACRES '\, BUILDABLE AREA: 7.92 ACRES (EXCLUDES 11DAL AND FRESHWATER ~/EILANDS) ', 40~ OF BUILDABLE AREA = 138,098 SQ,FT ~ 3.17 '\ AREA IN LOTS:IS4,548 SO.FT· ~ 2.86 ACRES ., AREA IN R.O.wi: 6,798 SO,FT. - 0.16 ACRES OPEN SPACE / CONSERVATION AREA : 11.52 ACRES / 79.2~ OF SUBJECT PROPERTY WATER DISTRICT: SUFFOLK COUN~¢ WATER AUTHORITY FIRE DISTRICT: BOUTHOLD POST OFFICE: SOUTROLD SCHOOL DISTRICT: SOUTROLD UFSD NUMBER OF LOTS: 8 FLOOD ZONE: ZONE AE AND ZONE X S.C.T.M.: DISTRICT 1000 SECTION 087 - BLOCK 05 - LOTS 21.7, 21.9, 21.10 21.11, 21.12, 21.15 / t t I i m 6AY~EW ROAD CURVE TABLE × 47 ~EPLAN~NG SCHEDULE · RED OAK 2 --1/2" TO 3" BOTANICAL NAM~ COMMON NAME ~lZE SPACING QUERCU$ RUB~ 40' O.C. ~MA COR~ATA LI,T~.,,E LEAF LINDEN 2 -1/2".TO 3" 40' O.C. CR~K LIBERTY LANE X3,0 SOUTH~EW II 18 LAWN AVENUE WEST ISMP, NY 11795 SITE LITTLE PECONIC BAY /J KEY MAP DRAINAGE CALCULATIONS: REQUIRED: 12,200 x 2/12 x 0.7 ~ 1,42;~ CF (GRAVEL) 84,000 x 2/12 x 0.2 ~ 1.155 CF (LAND) 2,556 CF PROVIDE: (g) 12'e x 3'ED LP = 2,724 (;F ROOF REQUIRED; 2,950 x 2/12 x 1.0 = 480 CF PROVIDE: (2) 12'~1 x 5'ED LP = 605 CF PROFILE ALONG CURB AROUND CUL-DE-SAC HIGH POINT ELEV = 11.05 HIGH POINT STA = 2+82.13 PVI STA = 2+D2.14 P~ ELEV = 11.15 ACT = ~105 K = 25.09 50' VC NOTE: ALL FILL SHALL BE CLEANED NATURALLY ACCORDING TO SOIL TAKEN FROM AN APPROVED UPLAND BORROW SITE. 2,500 C.Y. OF TOPS'Oil REQUIRED. 7,600 C.Y. OF CLEAN FILL REQUIRED. APPUCANT: SOUTHVIEW CUSTOM BUILDERS 18 LAWN AVENUE WEST ISLIP, NY 11795 SCALE, I'=600' LOW POINT ELEV = g,20 LOW POINT STA = 0+89.95 Pvi DTA = 0+70 K = 18.96 GRADE -PROPOSED PROPOSED CURD GRADE 60' 15" CPP 3 3+00 2+00 1+00 PROFILE SOUTHVIEW COURT SCALE: HORIZ. 1"=BO' VERT. 1"=5' 0+00 10-09-09 REVISE INDIVIDUAL LOT CLEARING LIMITS LB 08-17-09 ADD 36" CULVERT ,. ',- I,= b ~/ Ig 04-16-07 REVISE ACCESS EASEMENT 02-07-07 REVISE PER COMMENTS ~, OCT DATE REVISION GEO EG BY: GRADING AND DRAINAGE 8OUTHVIEW PRESERVE $.C.T.M. DIS~CT ~000, SECTION 87, BLOCK 05, LOTS 2[7, El,g, 2110, 2111, El.12. 21.13 SITUA I bM AT 8OUTHOLD NELSON s POPE DWN. BY: pke bATE: 12-15-06 CHK'D BY: GEO DATE: 12-13-06 JOB No.: 02001 FILE No.: CADD: 02001DR SCALE: 1" = 60' SHEET: 1 OF 2 OATEOFAPEROVAL SITE DATA :ONE: AC RESIDENCE 21.00' II L I I J I MAIN BAYVIL~W ROAD LOT CLEARING ALLOWED LOT 1 29,972 SQ.FT. ,',, 67% LOT 2 25,766 SQ.FT. ~ 69% LOT 3 29,304 SQ.FT. ,,,69% %%°% © 0 CURVE TABLE g TYPICAL PLOT PI~ TYPICAL SANITARY SYSTEM SECTION SCALE: VERT; 1"=5' ,WNER: OUTHV[EW II 18 LAWN AVENUE NEST ISLIP, NY, 11795 APPLICANT: SOUTHV~EW CUSTOM BUILDERS 18 LAWN AVENUE WEST ISLIP, NY, 11795 NO. i BAYViEW ROAD KEY MAP ~- SCALE: l"=6Oo' ~ SUFEOLK COUNTY DEPARTMENT OF HEAUTH SERVICES HAUPPAUGE, N Y. NOV 27 200§ ~ DATE TEST HOLES DATED AUG. 25, 2~06 No. 2 GRAPNIC SCALE ( IN FEET ) NELSON ~ POPE ]OB NO, 02001 FILE NO. 1000-87-1 SCALE: 1"= 80' DATE:DECEMBER 2006 NO. 3 (PT) FINAL SUBDIVISION PLAN FOR THE $OUYHVIEW PRESERVE SITUATED AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK MAY - 9 2011 P~G BOARD MEMBERS MARTIN H. SIDOR Chelr WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH HI DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAIl,lNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 18, 2011 Mr. David Zere, Project Manager Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re~ Reissue Conditional Final Approval of Southview Preserve Proposed Standard Subdivision Located on the s/s/o Main Bayview Road, approx. 900' e/o Cedar Drive, Southold SCTM#s1000-87-5-21.7, 21.9 thru 21.13 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 17, 2011: WHEREAS, this proposal is to subdivide a 14.54-acre pamel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space; and WHEREAS, on April 12, 2010 (amendment on May 11, 2010), the Planning Board granted Conditional Final Approval for the action; and WHEREAS, on Apdl 12, 2011, the applicant's agent submitted a letter petitioning the Planning Board to extend Conditional Final Approval; and WHEREAS, on May 9, 2011, the Southold Town Planning Board denied the Extension of the Conditional Final Approval pursuant to Southold Town Code §240-25.C., which prohibits extensions of Conditional Final Plat Approval beyond 360 days; and WHEREAS, on May 20, 2011, the applicant submitted a new Final Plat Application meeting all requirements of the Town Code; be it therefore Southview Preserve PaRe Two October 18, 2011 RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval on the map prepared by Victor Bert, P.E., and Paul Racz, L.S., of Nelson and Pope, dated January 2006 last revised on October 9, 2009, with the following conditions: 1) The Suffolk County Department of Health Stamp has expired. Please up-date the stamp on the Final Plat. 2) The rights of others to use the 50' right-of-way running along the east side of the property are not changed or affected in any way by the granting of this approval. 3) Submission of the Performance Bond in the amount of $92,750.00 as prepared by the Southold Town Engineer on April 20, 2010 and required by Southold Town Code §240-32 Performance Bond: Performance Bond Estimate. The amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, including but not limited to road clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. The Planning Board shall pass a resolution either approving or modifying the Performance Bond Estimate as recommended by the Superintendent of Highways. The Town Board shall approve or disapprove the Performance Bond, subject to the review and approval of the Town Attorney. If the Performance Bond is approved, it shall be filed with the Town Clerk and the Town Clerk shall notify the Planning Board, in writing, of the Town Board's action. D. The Chair of the Planning Board shall not sign a Final Plat until notification by the Town Clerk of the Town Board's approval of the Performance Bond. After construction of the public improvements covered by the Performance Bond and prior to the release of the bond, the developer shall prepare a set of the approved drainage plans and street profiles amended to indicate as-constructed information. The developer then may apply to the Town Engineering Office and/or Superintendent of Highways for a final inspection of the work. When the work has been completed to the satisfaction of the Town Engineering Office and/or Superintendent of Highways, they shall recommend to the Planning Board that the Performance Bond be released. If the Planning Board is in agreement with the recommendation, the Planning Board shall recommend to the Town Board that the Performance Bond be released. Southview Preserve PaRe Three October 18, 2011 4) Submission of the Administration Fee as required by Southold Town Code {}240- 37 Administration Fee in the amount of $5,565.00 made payable to the Town of Southold. 5) Submission of a Park and Playground Fee in the amount of $14,000.00 made payable to the Town of Southold as required by Southold Town Code §240- 54(G). This approval is valid for 180 days from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. No more than two extension periods of 90 days each may be granted. If conditions are not met within 360 days of the Conditional Final Plat Approval, the application for Final Plat must be m-submitted along with the corresponding fee. If you have any questions regarding the above, please contact this office. Ve~j truly yours, Martin H. Sidor Chairman , Mark From: Sent: To: Subject: Claire Kennedy [clairekennedyl@optonline.net] Monday, May 09, 2011 3:57 PM Kalin, Carol Terry, Mark RE: Emailing: southview preserve 5.4_20110504133938.pdf Dear Mark: Ref to: Southview Preserve -- SCTM#s - 1000-87-5-21.7, 21.9, 21.10, 21.11,21.12 & 21.13 As per our conversation from earlier today 5-9-11, here is our request from the Reydon Heights Property Owners Association. We would like the site plan for Southview Preserve to specifically state our (maintained) 50 foot right-of-way running from Main Bayview Road down to Corey Creek. As it stands it is denoted w/a dotted line and does not state for the usage of Reydon Heights residents. Each home in Reydon Heights has this R.O.W. noted in our deeds. Thank you. Tom & Claire Kennedy 900 Victoria Drive Southold NY 11971 631-255-5069 MAY 1 0 2011 (631) 427-5665 FAX (631) 673-4163 NELSON & POPE ENGINEERS AND SURVEYORS 572 Walt Whitman Road Melville, NY 11747 TO: A~enfion: Town of Southold Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Mark Terry, Planner We are sending you Pick Up Date: Re: Your Ref: X X May 19, 2011 02001 Southview Preserve Re-Apply for Final Plat Approval Herewith Messenger Fed Ex Review & Comment Approval As Requested For your use Materials I Drawing Title I Sheet Po. I Rev. No. Final Plat Approval Form Check for fillnE fee~5$500.00)~ Remarks: cc: Very truly yours, NELSON & POPE By: MeHssa Mock PLANNING BOARD MEM[BERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 May 10, 2011 Mr. David Zere, Project Manager c/o Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Denial: Extension of Conditional Final Approval - Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold SCTM#s1000-87-5-21.7, 21.9 thru 21.13 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, May 9, 2011: WHEREAS, this proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space; and WHEREAS, on March 29, 2010, the Southold Town Planning Board reviewed and accepted the finalized Open Space Easement; and WHEREAS, on April 12, 2010 (amendment on May 11, 2010), the Planning Board granted Conditional Final Approval for the action; and WHEREAS, on April 12, 2011, the applicant's agent submitted a letter petitioning the Planning Board to extend Conditional Final Approval; and WHEREAS, § 240-25. Final plats not in substantial agreement with approved preliminary plats or when no preliminary plat is required (C), states: Southview Preserve PaRe Two May 10, 2011 Conditional approval of final plat. Conditional approval does not qualify the final plat for recording or autho#ze issuance of building permits p~or to the recording of the plat in the County Clerk's office. The applicant shall have 180 days from the adoption of a resolution of conditional approval to meet the conditions. The Planning Board may extend this time for no more than two additional perfods of 90 days each. The conditionally approved final plat shall not be filed until all conditions have been met; and WHEREAS, three hundred and eighty (380) days have passed to May 10, 2011; therefore be it RESOLVED, that the Southotd Town Planning Board hereby DENIES the Extension of the Conditional Final Approval granted on April 12, 2010 (amendment on May 11, 2010) on the map prepared by Victor Bert, P.E., and Paul Racz, US., of Nelson and Pope, dated January 18, 2006 and last revised on October 9, 2009. The Planning Board is requiring that the applicant re-apply for final approval for re- consideration. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman PaRe Two - ; Town PlanninR Board Work Sess~ 5/9/11 l-[.~a-t~-o~'i .................. ~§(~-~--i~i~'i-~-"~-(~1-,--~--{~ '~/~-~:~r'~)-~-I~a~'~'"~ad and Depot Lane, Cutcho~e ............ -Y~i~ ~'~"~-~'~"~-O~'~q~'~-'~'~'-~-n"~i'~{i~ '~omotive repair shop and gasoline sewice station to a 1,206 s.f. convenien~ store and gasoline se~i~ station on an 18,473 sq. ff. lot in the Hamlet Business Status: Final Pend ~g Inspection Action: Rey e~t~_.~ ~p_~t_ ~p.n~ AEachments: Staff Repo ~....~_~j.~, ,~ ...... ~ ......... i ........................................................................ ~ Location: ~ 715 Sound Avenue, 500' no~h of the intersection of Aldrich Lane and ! Sound Avenue, in Ma~tuck Descr pt on S te P an for an 875 s f a~ricu tura barn on a 15.5-acm pa~l~ ........ Final Pend n ns ecton Status: ~ ...... g p~ ..~.cji~ ........... ~_~view sit~.~p~j.0~ ..A~a~nts: ~ra~ Final In~ection LeEer ......... '"'": ...................... ~ Cedar Drive, in Southold Description: This proposal is to subdivide a 14.54-acre pardi into three lots where ~ Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals ' 42,470 s.f., with the remaining 11.53 acres of the prope~ to be ~ )rese~_~__~p~.~_~.~ ~'~U'~ ................ Conditional Final Approval .~tion: ................... ~j~_~st for ~en~_9.~_p~_.~9~ditio~[~ Apprgy_~.~. ....................... 5:30 p.m. Review Public Meeting Agenda For Discussion: *.'o Lieb Vines, LLC, 83-3-2.1: Review draft ZBA comments. *:* Proposed Local Law re: Amendments to Chapter 277, Wind Energy and Chapter 280 Zoning in connection with Small Wind Energy Systems & Accessory Apts. WORK SESSION AGENDA · SOOTHOLD TOWN PLANNING BOAR]~ Monday, May 9, 2011 - 4:00 p.m. Applications Project name: Connecticut Mumclpal Electric SCTM#: 11000-6-8-7 & 3.2 Energy Cooperative Location: 1866 Central Ave. Fishers Island I Description: ~ Status: I. Action: Attachments: , None Addition of 993 sq. ft. to the existing 7,144 sq ft d ese-e ectric generator fa_cilia, on a 47, 441 sq. ft. parcel located in the Business District. Final Pending ~ection Review screening._ .................................................. . .-_ ~_ .-_i ~ .._~_~ ~ ~:~_-_~_- - -~- - '_- .................. _P.r.~oject name: Location: Guadagno, Patrick [ SCTM#: T 1000-27-1-2 on the north side of Orchard Street, approximately 1,008' west of Platt Road, in Orient Description: This standard subdivision to subdivide a 1 O-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 2.5-acre b~uilding envelope and 6 acres of_ subdivision__ope_n sJ3ace. Status: Conditional Sketch Appr~_v. al_ ...................................................................... Action: Review Archeolo_0_gical_.Rep_o__rt_. . _A..~_a.9_h~e n t S_: ............. _S_t_a..ff_.~P_o~_ 'L~(~: 1 1110 Terry Lane, Orient ........................ i~s~c-r'pt~-~'i' /This 75/75 ~;-onse----~ati~-~-~b-d~'W~i~)n prop ~i w~il subdivide a 19.~-2-a-cr-~I ~ parcel into 3 lots where Lot 1 = 2 acres, Lot 2 = 3 acres (including a 1.66 I acre r.o.w.), and Lot 3 = 14.44 acres of preserved agr cu tural land - the I Development Ri~!hts were sold to Suffo k Count. r~§~'~? ...................... ]-~-~ding ......................................... Action: Review Staff Repqrt P r 0J~_ct_n a~m_e_.~ ..... Sherwood House Vine_y_a ~d_s._ .......... [ _S C T M__~ .~'~ ~)'_~'0~_i:0~ ~'_ .~_~.-~_'~ - [_L_ocation: ~_2_600 Oregon Road, Mattituck ~l~'~"r-i-p~i~i ........... :l-~is site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f., for an outdoor wine tasting area that will ' include a 3,888 s f ravel ark n lot with connectin aved foot aths Status: ~ New Al~plication ?A~;~i~? ............................. ~-iS,-ev~i~v a~l-i'~a-~i~-f(~-~ ~(~r:n~-~t~n-~'~-s-~-~i~'e~"~(~ce t~'""-~:-r~ie-~v-'-i Attachments' Staff ReDort Location: ~ west side of Hobart Road, approximately 1,059 feet north from Terry ] Lane, Southold b~:i~i ................. t-~'-st-a-r~'(~ard s~:~:s-~.~-~ivi~`~-~-~-~re--~in~t~-~V-~.~-~s~h~.~ ] LOL1 =___4___3,213_ s.~f: a__n_d._l:o~t._2_--_5_7,_8_0_9_~.f, i~n~the .R__~_0_Zo__n__n_~q.__D_str ct._ ........ LStatus: ....... _~ Conditional Prelimina Ap roval Action' ! Review Lands_ca_~e Plan ........................... ttachments: t S~te Inspect on Photos ..................................................................................... Page 1 of 1 Sent: Monday, May 09, 2011 3:57 PM To: Kalin, Carol Cc: Terry, Mark Subject: RE: Emailing: southview preserve 5.4_20110504133938.pdf Rte to: 5o.thview Frese~e - 5CTM~s - ~ o00-~7-5-z ~ .7, z ~.?, z i. ~ 0, z ~. 1 l,z ~. ~ z & z i. ~ 5 As per our conversation from earlier today 5-?-I I, here is our request from the ~eydon Heights Owners Association. We would like the site plan for,~outhview F'reserve to specifically state our (maintained) 50 foot right-of- K.O.W. noted in our deeds. Thank you. qOO Victoria [~)rive .5o,,thold NY 1 ~971 65~-z55-5067 5/9/2011 (631) 427-5665 FAX (631) 673-4163 NELSON & POPE ENGINEERS AND SURVEYORS 572 Walt Whitman Road Melville, NY 11747 TO: Attention: Town of Southold Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Mark Terry, Planner We are sending you Pick Up Date: Re: Your Ref: X X May 5, 2011 02001 Southview Preserve Herewith Messenger Fed Ex Review & Comment Approval As Requested For your use Materials Quantity I Drawing Title I Sheet No. ]Rev. No. 1 Final Subdivision Plan Very truly yours, NELSON & POPE By:MeHssaMock NELSON April 12 2011 Town of Southold Planning Board Office PO Box 1179 Southold, NY 11971 Attention: Mr. Martin H. Sidor, Chair ae~ Proposed Standard Subdivision of Southview Preserves N&P Job No. 02001 Dear Chairman Sidor: On behalf of the Applicant on the Southview Preserve Final Subdivision application, we respectfully request an additional 90 day extension of the Conditional Final Approval granted on May 10, 2010. Due to family health and related financial hardships, the applicant has been unable to yet comply with the conditions of said approval. Please note that the applicant and our office had worked diligently with the Planning Board and Department over many years to create sensible and sustainable residential development on the subject premises, and we trust that the Board may favorably view this extension request. Thank you for your prompt and considerate attention to this matter. Sincerely, N&P ENGINEERS & LAND SURVEYOR, PLLC Paul M. Racz, PLS PMR/msm cc: Donald Ryan, Southview Custom Homes, II Mark Terry, Director PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI May 11, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. David Zere, Project Manager c/o Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Amendment to Conditional Final Approval: Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 10, 2010: WHEREAS, this proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space; and WHEREAS, on March 29, 2010, the Southold Town Planning Board reviewed and accepted the finalized Open Space Easement; and WHEREAS, on April 12, 2010, the Southold Town Planning Board granted Conditional Final Approval on the map prepared by Victor Bert, P.E., and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on October 9, 2009, subject to the following conditions: 1) Submission of twelve (12) paper copies and four (4) mylar copies of the Final Plat 2) Five (5) copies of the Final Road and Drainage Plan 3) Submission of the filed and recorded Open Space Easement with the Suffolk County Clerk's Office; and WHEREAS, the Southold Town Planning Board will now include two additional conditions to the previously issued resolution referenced above; and Southview Preserve PaRe Two May 111 2010 WHEREAS, on April 26, 2010, the Southold Town Planning Board reviewed and accepted the Performance Bond Estimate prepared by the Southold Town Engineer on April 20, 2010; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts and approves the Open Space Easement for the above-referenced proposed subdivision and recommends same to the Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Board hereby accepts and approves the Performance Bond Estimate in the amount of $92,750.00 as prepared by the Southold Town Engineer and recommends same to the Southold Town Board; and be it further RESOLVED, that the Southold Town Planning Board hereby amends the Conditional Final Approval granted on April 12, 2010 on the map prepared by Victor Bert, P.E., and Paul Racz, L.S, of Nelson and Pope, dated January 18, 2006 and last revised on October 9, 2009, by adding the following three conditions: 4) Submission of the Performance Bond in the amount of $92,750.00 as prepared by the Southold Town Engineer on April 20, 2010 and required by Southold Town Code §240-32 Performance Bond: A. Performance Bond Estimate. The amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, including but not limited to road clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. B. The Planning Board shall pass a resolution either approving or modifying the Performance Bond Estimate as recommended by the Superintendent of Highways. C. The Town Board shall approve or disapprove the Performance Bond, subject to the review and approval of the Town Attorney. If the Performance Bond is approved, it shall be filed with the Town Clerk, and the Town Clerk shall notify the Planning Board, in writing, of the Town Board's action. D. The Chair of the Planning Board shall not sign a final plat until notification by the Town Clerk of the Town Board's approval of the Performance Bond. E. After construction of the public improvements covered by the Performance Bond and prior to the release of the bond, the developer shall prepare a set of the approved drainage plans and street profiles amended to indicate as-constructed information. The developer then may apply to the Town Engineering Office and/or Superintendent of Highways for a final inspection of the work. When the work has been completed to the satisfaction of the Town Engineering Office and/or Superintendent of Highways, they shall recommend to the Planning Board that the Performance Bond be released. If the Planning Board is in agreement with Southview Preserve Page Three May 11, 2010 the recommendation, the Planning Board shall recommend to the Town Board tha.t the Performance Bond be released. 5) Submission of the Administration Fee as required by Southold Town Code §240- 37 Administration Fee; A. Administration Fees shall be required for subdivision map review, project coordination and field inspections by the Town Engineering Office. [Amended 5-8-1973] B. This fee shall be equal to 6% of the adopted final total cost of capital improvements (Performance Bond Estimate), including but not limited to roads, clearing and drainage. C. When new road construction is not part of the subdivision (subdivision on an improved road), the applicant shall pay a Review Fee equivalent to $2,000 per lot or 6% of the Bond Estimate, whichever is greater. D. All checks shall be made payable to the Town of Southold. E. Ifa subdivision is abandoned, no part of the Administration Fees already paid to the Town will be returned to the applicant. 6) Submission of a Park and Playground Fee made payable to the Town of Southold as required by Southold Town Code §240-54(G). If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman Please note the following: Conditional Approval of Final Plat. Conditional Approval does not qualify the Final Plat for recording or authorize issuance of building permits prior to the recording of the plat in the County Clerk's Office. The applicant shall have 180 days from the adoption of a resolution of Conditional Approval to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. The conditionally approved Final Plat shall not be filed until all conditions have been met~ the Planning Board grants Final Plat Approval by resolution at a public meeting, and the Planning Board Chair has endorsed the Final Plat. CC; Elizabeth Neville, Town Clerk James Richter, Town Engineer SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK I 1971 Tel. (631) - 765 - 1560 JAMIE.RiCHTER~TOWN.SOUTHOLD.NY.US ITEM 1. 10. 11. 12. 13. 14 15. 16. 17. 18. OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE SOUTHVIEW PRESERVE MAIN BAYVlEW ROAD, TOWN OF SOUTHOLD SCTM # '1000.-087-O5-2'1.4, 2'1.7, 2'1.8, 2'1.9, 2'1.'10, 2'1.1'1 DATE April 20, 2010 QUANTITY DESCRIPTION UNIT PRICE 1,500 L.F DEC Compliant EROSION & SEDIMENT CONTROL STRUCTURES 2.00 2,500.00 4.00 20.00 0.50 0.4 ACRE 1,500 C.Y. 495 L.F. 7,000 S.F. CLEARING & GRUBBING ROUGH GRADING / UNCLASSIFIED EXCAVATION CONCRETE CURBING FINE GRADING DRAINAGE 1 EACH 9 EACH 320 L.F. CATCH BASINS (With Cast Iron Grate & Frame) 12' DIAMETER x 3' Deep LEACHING POOL 15" DIAMETER DRAINAGE PIPE 2,500.00 1,500.00 25.00 SURFACING 25 20 150 Ton. C.Y. %" STONE or RCA BASE (Town Road Shoulder) ASPHALT Binder & Wearing COURSE ~A" BLUE STONE BLEND WEARING COURSE 36.00 100.00 50.00 4 EACH 19 EACH 1,200 S.Y. 3 EACH 10 EACH 1 EACH JOB STREET LIGHTS CONCRETE SURVEY MONUMENTS TOPSOIL & SEED STREET SIGNS STREET TREES FIRE HYDRANT MAINTENANCE & PROTECTION OF TRAFFIC 2,000.00 100.00 5.00 200.00 250.00 10,000.00 BOND AMOUNT / SUB-TOTAL + 6% ADMINISTRATION FEE AMOUNT $ 3,000.00 1,000.00 6,000.00 9,900.00 3,500.00 2,500.00 13,500.00 8,000.00 900.00 2,000.00 7,500.00 8,000.00 600.00 6,000.00 600.00 2,500.00 10,000.00 2,000.00 $ 87,500.00 $ 5,250.00 TOTAL $ 92,750.00 MEMORANDUM To; James Richter, Engineering Inspector From: Tamara Sadoo Date: April 19, 2010 Re: Southview Custom Homes Application Name: Tax Map Number: Location: 1000- 087-05-21.4, 21.7, 21.8, 21.9, 21.10, 21.11 Type of Application: X Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: ) (Dated: ) (Dated: 10-2009 ) Road Proffies (Dated: Grading and Drainage Plans (Dated: Other (Dated: Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposal is to subdivide a 14.54-acre parcel into three lOts where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. Additional Comments: Jamie - Could you please review this bond estimate for this subdivision. Thanks. Thank you for your cooperation. Nelson & Pope Engineers & Surveyors 57g Wait Whitman Road Melville, NY 11747 Bond Estimate Southview Preserve Southold, Town of Southold SCTM~ 1000-087-05-21.4, 21.7, 21.8, 21.9, 21.10, 21.11 ITEM QUANTITY DESCRIPTION I 0.4 AC 2 1,500 CY 3 495 LF 4 7,000 SF 5 1 EA 6 9 EA 7 320 EA Date: August 10, 2006 8 150 CY 9 4 EA 10 19 EA 11 10,500 SF 12 1 EA 13 10 EA UNIT PRICE AMOUNT Clearing & Grading Rough Grading / Unclassified Excavation - Road Concrete Curbing Fine Grading DRAINAGE Catch Basins 12' x 3' Leaching Pools 15" Diameter Drainage Pipe SURFACING 314" Stone Blend or RCA Base Street Lights Concrete Survey Monuments Topsoil & Seed Street Signs Street Trees PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI April13,2010 PLANNING BOARD OFFICE TOWN OFSOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. David Zere, Project Manager c/o Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re~ Conditional Final Approval: Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive, in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 12, 2010: WHEREAS, this proposal is to subdivide a 14.54-acre parcel into three lots where Lot I equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be Preserved as open space; and WHEREAS, an application for Sketch Approval was submitted on June 9, 2005; and WHEREAS, on December 12, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on December 12, 2006, the Southold Town Planning Board granted Conditional Sketch Approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated as last revised October 10, 2005; and WHEREAS, on April 7, 2006, the applicant submitted the application for Preliminary Plat Approval, including the Preliminary Plat and Road and Drainage Plans, prepared by Victor Bert, P.E., and Paul Racz, US., of Nelson and Pope, dated January 18, 2006; and WHEREAS, on November 14, 2006, the Southold Town Planning Board granted Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E., and Paul Racz, US., of Nelson and Pope, dated January 18, 2005 and last revised on August 4, 2006; and WHEREAS, on February 22, 2007, the applicant submitted an application for Final Plat Approval; and Southview Preserve Paqe Two April 13, 2010 WHEREAS, on May 14, 2007, Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E., and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006, expired; and WHEREAS, on March 12, 2009, the applicant submitted a request to the Southold Town Planning Board requesting a re-issuance of Conditional Preliminary Plat Approval which had expired due to pending Suffolk County Health Department Approval, on the plat prepared by Victor Bert, P.E., and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on June 23, 2009, the Southold Town Planning Board re-issued Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E., and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on June 29, 2009, the Suffolk County Planning Commission determined that this proposed action was a matter of local determination and provided four comments which the Southold Town Planning Board considered and incorporated into the subdivision map; and WHEREAS, on September 23, 2009, the Southold Town Board of Trustees issued a Wetlands Permit (Permit #7183) for the above-referenced proposed standard subdivision; and WHEREAS, on September 29, 2009, the Southold Town Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the above-referenced proposed action and determined the action was cOnsistent with the LWRP policies for the Town of Southold; and WHEREAS, on October 5, 2009, the Southold Town Planning Board reviewed the Preliminary Plat Application and requested that the applicant make certain revisions to the plan; and WHEREAS, on October 9, 2009, the applicant submitted a copy of a Letter of Water Availability and an installation price quote for public water to the proposed standard subdivision from the Suffolk County Water Authority; and WHEREAS, on October 13, 2009, the applicant requested that the Southold Town Planning Board allow the percentage of individual lot area permitted to be cleared at 67% for Lot 1, 62% for Lot 2 and 69% for Lot 3; and WHEREAS, on November 5, 2009, the Southold Town Principal Planner reviewed the clearing request made by the applicant and recommended that the Southold Town Planning Board approve the requested clearing changes; and WHEREAS, on November 16, 2009, the Southold Town Planning Board reviewed the Principal Planner's recommendations regarding cleadng limits and accepted the recommendation and agreed to allow the clearing changes requested by the applicant; and WHEREAS, on January 25, 2010, the applicant submitted a second request to alter the clearing limits previously approved for Lot 2 from 62% to 69%; and WHEREAS, on February 2, 2010, the applicant submitted a Draft Open Space Easement for review; and Southview Preserve PaRe Three April 13, 2010 WHEREAS, on March 9, 2010, the Southold Town Principal Planner reviewed the second clearing request made by the applicant and recommended that the Southold Town Planning Board approve the requested clearing changes;, and WHEREAS, on March 9, 2010, the Southold Town Planning Board reviewed the Principal Planner's recommendations regarding clearing limits for Lot 2 and accepted the recommendation and agreed to allow the clearing changes for Lot 2 requested by the applicant; and WHEREAS, on March 29, 2010, the Southold Town Planning Board reviewed the draft Open Space Easement and requested that changes be made; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval on the map prepared by Victor Bert, P.E., and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on October 9, 2009, subject to the following conditions: 1) Submission of twelve (12) paper copies and four (4) mylar copies of the Final Plat. 2) Five (5) copies of the Final Road and Drainage Plan 3) Submission of the filed and recorded Open Space Easement with the Suffolk County Clerk's Office If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor Chairman Please note the following: Conditional Approval of Final Plat. Conditional Approval does not qualify the Final Plat for recording or authorize issuance of building permits prior to the recording of the plat in the County Clerk's Office. The applicant shall have 180 days from the adoption of a resolution of Conditional Approval to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. The conditionally approved Final Plat shall not be filed until all conditions have been met. Southold Tow, "~ ',nin.q Board Work Session - Pa,qe T'~-- -4/5/10 Location: The property is located on the south side of CR 48, approximately 900 feet _wAs_t_o_f_._Ba_y_b.e_m/_._La_n?_,_!n. Description: This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning_District. ~"S~s~ .......................... C o n d-it i~-n-a'~-S--~(~-'A-p~ ~-1' .......................... Grant Con ditio n a !._P~r~l_imin_a_~.._A_p]~._r?.._a ! s_ .'_ .......... Location: The property is located on the south side of Main Bayview Road, approximately 9~ 0_'.~_a_..s.~.._o. f~__C_e~d_ a_r~D_riv__e_.j_n~S~ u t~h~ol~d.- Description: This proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals i 42,470 s.f., with the remaining 11.53 acres of the property to be ..... j.p_.reserved as olden sl~ace. ......................... I LS __a. h..m_en.LsL ......... Location: ~The property is located on the nlelslo Kenny's Road, 705.05' n/w/o CR _L48 Southold. of Papadopoulos & Maragos by removing 25' of a 50' right-of-way which was "reserved for possible dedication to the Town" and which has never been dedicated. Status: ~ Action: Attachments: Grant_A~p_roval to amend the a roved and filed subdivision ma ............................................ p~ ...................................................... ~a__p: .............. Draft Resolution WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 29, 2010 4:00 p.m. Applications ~ L0cat!9[?.; ............ !(~5.F~.ec0n!~ Lape Pe~0nJc ..... Description: This application is for site plan and special exception consideration to affix wireless antenna to an existing lattice tower and install related , equipment atthe P[em!ses: Status: i New Action: { Review submission and estimate for RF consu tant h red by the Town. ....................... Location: i The property is located on the south side of Main Bayview Road, ~ [...aPPm~!Fla.~e!y .9~.0'...~;~. of .C~ed a['~ D[!v~... !~. ~.ou~ld~ Description: i This proposal is to subdivide a 14.54-acre parcel into three lots where Lot~ 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as ~pe~ ~lP~ ........................................... Status: Conditional Prelimina~ Approval Attachments: Draft Open Space Easement Discussion: 1. Comprehensive Plan Update - project managers, revised timeline, website updates POPE 572 Walt Wllttman Road Melville, NY 11747 TO: Ms. Tamara Sadoo Town of Southold Planning Dept. P.O. Box 1179 Southold, NY 11971 We are sending you Pick Up ForYour Dan: ....! S-Mar- 10 Re: Southview Preserve Re~ N&P Job # 02001 2010 I: HI) ..... ~Under separate cover X Herewith X By Messenger Cf eCl-OX) Review & Comment Approval As requested X For your use Bid Submission m z t Je I SblletNo. IRev-No. Open Space Conservtion Easement ( ,~ ~) Remarks: CC: Sincerely, NELSON & POPE Br.. David Zere COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-460'13 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on1111512009 under Liber D00012506 and Page 329 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 1'111312009 S~FFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION N~ber of Pages: 8 Receipt N,,mher : 09-0131113 District: 1000 Recorded: At: 11/13/2009 04:46:49 PM Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrument Exempt Exempt $40.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $20.00 NO RPT $130.00 NO Fees Paid $230.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County LIBER: D00012606 PAGE: 329 Section: Block: Lot: 087.00 05.00 021.007 EXAMINED AND CHARGED AS FOLLOWS Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other 20. 00 5. 00 15. 00 Sub Total Grand Total Real Property /'~ Tax Service ,z- suFvom Agency /;?oruV~°~;) [ i,.,l'],/tSrq Verification ~' I Deed / Mortgage Tax Stamp I FEES SubTotal I Lot Reco[ding / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County__ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk'171 Title Company Information 310 Center Drive, Riverhead, NY 11901 I co. Name www. suffolkcountyny, gov/clerk [ Title # Suffolk County Recording & Endorsement Page This page forms part of the attached (" ~(~t' ~---/'~ O~ made by: ~ ~ (SPECIFY TYPE OF INSTRUMENT) T-V('. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of '}? 0 ~'.TT-Cd c. p In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. District 1000 1000 1000 1000 1000 1000 Secton 08700 08700 08700 08700 08700 08700 Block 0500 0500 0500 0500 0500 0500 Lot 021007 021013 021011 021012 021009 021010 Tax Maps $choolDistrict SOUTHOLD SOUTHOLD SOUTHOLD SOUTHOLD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by SoIYrHVIEW CLISTOM HOMES TWO, INC. this ~ day of September, 2008, a New York corporation with offices located at c/o Don Ryan, 18 Lawn Avenue, West lalip, New York 11795 hereinaiter referred to as the DECLARANT, as the owner of the premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to resU-ict the use and enjoyment of said PREMISES and has for such purposes determined to ink, pOse on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restxictions: 1) DECLARANT has made application to Suff. olk...C,o,.u~, ~D, ?~a~n~ ~otr of Hcalth Services (hereinafter referred to as me ~reu~.~vJ~, · ~ approval cfa subdivision Or development on the PREMISES. 2) As a condition of approval by the DEPARTMENT of the subdivision or development application, the DECLARANT covenants that th.ere shall be no conveyance of any plot unless public water is extenaea thereto in accordance with the approved plans on file with the DEPARTMENT. This shall not prevent a conveyance of the entire subdivision subject to this covenant. The DECLARANT, its successors, and/or assigns, covenant that the areas delineated and de,s,!~,,a, ted as open space on the subject parcel described in Schedule B annexed hereto, shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and shall be kept in its natural state, in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open character of the premises. This ps,graph does not preclude the use of the open space area for passive recreational purposes. 3) The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the 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 cffect at the time of execution of this agreement, or al the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5) ¸6) This document is made subject to the provisions of all laws 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. The aforementioned Restrictive Covenants shall be enforceable 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 enfome the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall mn with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entitles claiming under them, and may be terminated, revoked or amended only with the written consent of 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 effect 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 any agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. SOUTHVIEW CUSTOM HOMES TWO, INC. By: ~a~m e: DonaJlRyan /Fitle: President STATE OFNEW YORK ) i SS.: COUNTY OF SUFFOLK ) I On the / ~p day of July, 2008, before me, the undersigned, personally appeared DONALD RYAN, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he execut ~d the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. 7TAR¥ PUBIA'7 ' ROSEMARIE KIRK NOTARY PUBLIC, STATE OF NEW YORK NO 01K~6075239 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXP)RES JUNE 3.2010 S~ Schedule A- Description of Property SUGGESTED DESCRIPTION OF THE "FINAL SUBDIVISION PLAN FOR THE SOUTHVIEW PRESERVE", SITUATED AT SOUTHOLD, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK. 2TM:DIST. 1000-SECT. 087-BLK. 05-LOTS 21.7, 21.9, 21.10, 21.11, 21.12, 21.13 BEGINNING at a point on the southerly side of Main Bayview Road, id point is described as being N 75° 59' 30" W, 242.72 feet fi:om the intersection of e northerly side of Main Bayview Road with the westerly side of Victoria Drive; RUNNING THENCE along the southerly side of Main Bayview Road following two (2) courses: 1 S 64° 07' 00"E, 9.67 feet; 2 S 60° 02' 40" E, 636.72 feet; THENCE the followinf seventeen (17) courses: 1 S 29° 57' 20" W, 300.00 feet; 2 S 35° 10' 10"W, 915.06 feet; 3 N 74° 59' 00" W, 112.66 feet; 4 N 12° 08' 10" E, 151.62 feet; 5 N 16° 29' 30" W, 290.46 feet; 6 N 15° 24' 50" E, 173.05 feet; 7 N 42° 53' 10" W, 293.37 feet; 8 N 22° 11' 40" W, 144.57 feet; 9 N 18° 56' 30" E, 81.64 feet; 10 S 64° 47' 00" E, 21.00 feet; 11 S 04° 00' 00" E, 70.00 feet; 12 N 86° 00° 00" E, 80.00 feet; 13 N 58° 30' 30" E, 70.00 feet; 14 N 77° 44' 00" E, 107.92 feet; 15 S 83° 42' 00" E, 62.59 feet; 16 17 N 49° 00' 00" E, 114.86 feet; N 10° 00' 00" E, 230.00 feet to the POINT or PLACE of BEGINNING. Containing with/n said bounds: 14.54 acres J[ ly 24, 2008 0200la Job No. Schedule B SUGGESTED DESCRIPTION OF OPEN SPACE/CONSERVATION AREA AS SHOWN ON THE "FINAL SUBDIVISION PLAN FOR THE SOUTHVIEW PRESERVE", SITUATED Al' SOUTHOLD, FOWN OF SOUTHOLD, COUNTY OF SUFFC ~CTM.DIST. 1000-SECT. 087-BLIC 05.,P/O LO'~ BEGINNING at a point on the south ,K, STATE OF NEW YORK. 21.7, 21.9, 21.10, 21.11, 21.12, 21.13 [y side of Main Bayview Road, ~aid point is described as being N 75° 59' 30" W, :he northerly side of Main Bayview Road with the 5 6 7 8 9 10 N 4~° 01 I1 12 N 49° 0! 13 S4i°0( 14. N 49° O{ is N o/? o( !6 N 58° 5f i 7 Northerl radit3s ot N 29° 5~ S 60o 03 242.72 feet from the intersection of we sterly side of Victoria Drive; RUNNING THENCE the foilowing t~i irty-six (36) courses: S 64° 07' 00"E, 9.67 feet; 2 S 60° 02' 40" E, 396.42 feet; 3 S 29° 57' 20" W, 19.44 feet; 4 Southerly along the arc ofa c~ we bearing to the right, having a radius of 187.50 feet m';d a Ion th of 66.35 feet; S 5~° 13' 53" W, 5.87 feet; N 5i~° 58' 24" W, 28.85 feet; ,7 35" W, 2.. ~.3~ feet; S 8~° 2 o, ', ' S 49° 0( ' 00" W, 222.44 feet; S 41° 0( ' ,, x 00 E, 128.~4 feet; 0,0," E, 60.00 feel; 00"E, i28.33 f~et; 00" E, 60.00 feet; 00" E, !28.33 feet; ~' 00"E 243.91 feet; '? 22" 17 164.24 r%el; ' 24" W, 44.71 feet; ~' along lhe arc of a c~ 'ye bearing to the left, having a 212.50 feet and alen th of 72.37 feet; 18 19 20 21 22 23 ovember 6, 2,')07 .evised July 2~, 2008 20" E, 19.44 feet; 40" E: 21~.30 feet; 8 29° 57' 20" W, 300.00 feet S 3.5° 10' 10" W, 915.06 feet: N 7zP 59' 00" W, ! 12.66 feel N .!.27.'° 08' 10" E, 151.62 feet Page 1 of 2 Job No. 0200ta 24 25 26 27 28 29 30 31 32 33 34 35 36 N 16° 29' 30" W, 290.46 feet; N 15° 24: 50" E, 173.05 feet; N 42° 53' 10" W, 293.37 ieet; N22° 11' 40"W, I44.57 feet; N 18° 56' 30" E, 81.64 feet; S 64° 47' 00" E, 21.00 feet; S 04° 00' 00" E, 70.00 feet; N 86° 00° 00" E, 80.00 fee't; N 58° 30: 30" E, 70.00 feet; N 77° 44' 00" E, 107.92 feet: S 83° 42' 00" E, 62.59 feet; N 49° 00' 00" E, 114.86 feet; N 10° 00' 00" E, 230.00 feet to the POINT or PLACE of BEGINNING. Containing within said boundsi 11.52 acres ~ovember 6, 2007 [evise July 24, 2008 PCge 2 of 2 Job No. 0200la Southold Town Planr Board - Pa.qe Two - Work Sessi~''~' April 12, 2010 Prpject name: , Nickart Real~ 2006 : 'i~'~'~ 0~"'i .................. ~i~'"i~"~; i~ i~J"~n ~i~'~' ~'~i~' ~'~"~"~'~'~' approximately 900 feet west of Ba~ber~ Lane, n Southold ............ pesc~'i~i~ ~ ........ Y~ i~~ ~i"i~ ~'~i~~'''~ ~-~"~'~'~'i"'i'~ ~ i~'~ ~"~re Lot I equals 17,438 sq. E. and Lot 2 equals 17,438 sq. E. in the R~0 Zon ng District Status: ~ Conditional Sketch A~p[oya.~ ......................................... Act on Rev ew TDR ~uestion ......... AEachments: .......................................................................................... Location: ~ ........... The prope~ is located' ...................................................... on the south side of Main~ ................................ Ba~iew Rca :~ approximatel~ 900' east of Cedar Drive, in Southold. Descri~{ion~ p~p"~'~l"is {0 ~'~b~i~ide a 14.54-a~r"~ ~i i~{~ {~'~"~"io{~'~e~e ..... Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the prope~y to be prese~ed as 9Ren space. Sta~u~ ............. Cond t o~a... ~{e~.iB.~.~.~PP[0~.~ ........................................ Act on ~ Rev ew Draft ~pen S~ace Easement. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair VglLLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 March 9, 2010 Mr. Paul Racz Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re; Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Ddve in Southold SCTM~s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Racz: The Southold Town Planning Board has reviewed the above referenced application and your letter dated January 19, 2010 referencing clearing limitations on Lot No. 2 at their Monday March 8, 2010 Work Session. Based upon this review, the Southold Town Planning Board has requested that Principal Planner Mark Terry review the request made on behalf of the applicant that the percentage of Lot No. 2's area to be cleared be changed from 62% to 69%. Principal Planner Mark Terry reviewed the above request and recommended that the Planning Board agree with the requested clearing waivers. See below. "The current permissible clearing I/mit for lots of the size proposed is fifty percent (50%). The applicant proposes clearing limits of 69% of Lot 2 or 25, 766.67 sq. ft; an increase of 7% from the previously approved request to reduce the clearing limits made in October 2009 and an increase of 19% over the code requirements. Note that the ability of the Planning Board to waive the clearing requirements is established by: § 240-56. Waivers of certain provisions. The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law. The proposed subdivision is located on highly sensitive parcel adjacent to Corey Creek, a New York State Significant Fish and Wildlife Habitat Area and New York State Department of Environmental Conservation Critical Environmental Area. In the design phase of the subdivision, the sensitivity in relation to fiood zones was taken into account and the Planning Board required a design that avoids and/or minimizes adverse impacts to the surrounding environmental features to the greatest ex'tent practicable. As you are aware, the preservation of vegetation on the parcel is integral to maintaining the health of the vernal wetland systems that surround the proposed development area and that of Corey Creek. Therefore, the preservation of vegetation within the Open Space Easement Area into perpetuity is of much greater value that preserving the vegetation on the individual lots. With that said, I recommend that the Planning Board consider reducing the clearing limits upon Lot 2 with the following listed conditions 1. The clearing of vegetation within a 100' wetland setback shall be prohibited except to establish and maintain one 4' wide, pervious path to gain access to the waterfront. 2. The use of synthetic herbicides and/or pesticides on each lot/parcel should be prohibited. 3. Through mutual agreement, the Open Space Conservation Area should remain wooded and in a natural vegetated state into perpetuity except for the usual maintenance of the common access to Corey Creek. Passive uses which require clearing of portions of the Open Space Conservation Area should require further approval from the Planning Board." The Planning Board will continue to review this application. I had previously requested a recent copy of the Covenants and Restrictions and I believe you sent them via e-mail (the e-mail came from survey-copier~.nelsonpope.com. However, I was unable to open the attachment. Please re-send the copy of the Covenants and Restrictions for Planning Board review. Lastly, we are awaiting the draft Open Space Easement for Planning Board review. Once these items have been received, they will be reviewed by the Southold Town Planning Board as part of the Final Approval process. If you have any questions, please do not hesitate to contact this office. Thank you, Tamara Sadoo Southold Town Plannin,q Board - Pa,qe Two - Work Session - March 8, 2010 iI Cedar Drive in Southold Description: ~bai~/ia~ ~ ~11i:~ io~ ~t~r® i~ 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the A~[~e~ts; ~ .~tte[ f[0m ~PP~.~can~ta~.~P~ ................................................. Project name: ~ Oregon Landing I ..... i ~.~:.h_~!~.~(~.~;~;.~-_~:. ...................... L.0~i~ ~n'i ~ n~'(~:~"~0~d feet w/o Bridge Lane, in Cutchogue in the A-C an¢ i R-80 Zoning Districts [Status: ! Fina! A.pprov~! ............................ Action: [ Co-ordinate Final nspect on with Town Engineer Attachments: :: Letter from John Gud0 Ma.nzi H~)mes Status: N/A - n~ app!cat 0n be~0.re ?lanning B0a!Td.at .t!~!s.time~ Action: Review ZBA Draft Comments Attachmen[s; Draft ZBA Comments 2 0112712010 14:30 NELSON NELSON & POPE Engineers and Surveyors $72 WALT WHITMAN ROAD MELVILLE, NEW YORK 11747 Facsimile Cover Sheet (F~6316734163 (631) 427-S66~ FAX: (631) 427-~620 To: Company: Phone: Fax: From: N&P Project: Date: Pages includingthb cover page: JAN 2 8 2010 Comments: 01/27/2010 14:30 NELSON & POPE (F~1)6316734163 P.0021002 NELSON & POPE January l9,2010 Town of Southotd Planning Board Office PO Box 1179 Southold, NY 11971 Attention: Mr. Martin H. Sidor, Chair Southview Custom Homes N&P Job No. 02001 Dear Chairman Sidor: We had previously requested relief of individual lot cleating Funits, and appreciate the Board's approval of our request. However. when we revised the requested clearing Fmlits to exclude wetland buffer h~ts on lot no.2, we realized that while the percentage quested was 62%, the plan provided along with said correspondence depicted elesl4ug limits of approximately 72%. While we desire for future homeowners to enjoy certain rear yard amenities, we will not request a 72% clearing limit for lot #2. We are, however, respectfully requesting that the Planning Board allow a maximum clearing percentage of 69%, which is consistent with adjacent lot~l. We apologize for the error, and appreciate your continued consideration of this matter. We are simultaneously working to finaiize the "open space" documents, and expect to appear before thc Board in the near future in order to obtain final resolution and subdivision approval. PMR/msm cc: Tamara Sadoo Donald Ryan Sincerely, N&P ENGINEERS & Project Manager NELSON & POPE VICTOR BERT, RE *' JOSEPH R EPIFANIA PE · ROBERT G NELSON JR, RE PAUL M RACZ, RLS · THOMAS F LEMBO, RE · GARY S BECKER. RE GREGORY D PETEBMAN, RLS · ERIC J McEERRAN, RE. · THOMAS C DIXON RE January 19, 2010 Town of Southold Planning Board Office PO Box 1179 Southold, NY 11971 Attention: Mr. Martin H. Sidor, Chair Rc: Southview Custom Homes N&P Job No. 02001 Dear Chairman Sidor: We had previously requested relief of individual lot clearing limits, and appreciate the Board's approval of our request. However, when we revised the requested clearing limits to exclude wetland buffer limits on lot no.2, we realized that while the percentage requested was 62%, the plan provided along with said correspondence depicted clearing limits of approximately 72%. While we desire for future homeowners to enjoy certain rear yard amenities, we will not request a 72% clearing limit for lot #2. We are, however, respectfully requesting that the planning Board allow a maximum clearing percentage of 69%, which is consistent with adjacent lotgl. We apologize for the error, and appreciate your continued consideration of this matter. We are simultaneously working to finalize the "open space" documents, and expect to appear before the Board in the near furore in order to obtain final resolution and subdivision approval. CCi Tamara Sadoo Donald Ryan Sincerely, N&P ENGINEERS & Pro aha . PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD M~IIJNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765~1938 Fax: 631 765-3136 November 17, 2009 Mr. Paul Racz Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Ddve in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Racz: The Southold Town Planning Board has reviewed the above referenced application and your letter dated October 9, 2009 referencing clearing limitations on individual lots at their Monday October 26, 2009 Work Session. Based upon this review, the Southold Town Planning Board has requested that Principal Planner Mark Terry review the request made on behalf of the applicant that the percentages of individual tot area to be cleared for the three proposed residential lots be changed from 50% for all three lots to 67% for Lot 1, 62% for Lot 2 and 69% for Lot 3. Principal Planner Mark Terry reviewed the above request and recommended that the Planning Board agree with the requested clearing waivers. See below. "1. The waiver request is not a significant deviation from the 50% requirement. Additional clearing of Lot 1 is proposed at 17% or 7,604.95 sq fl ; Lot 2, 12% or 4,481.16 sq ft and Lot 3, 19% or 8069.49 sq ft. With the wetland buffer areas excluded from the clearing amount the area will be reduced to: Lot 2 23,152.66 sq. ft-4,128 sq. ft. = 19,024.66+ sq. ft. Lot3 29,309.44 sq. ft- 7,104 sq. fi. = 22,205.44+ sq ft. The recommended "appropriate conditions" include: 1. The clearing of vegetation within a 100' wetland setback should be prohibited (this action would be contrary to other laws and do not meet § 240-56. Waivers of certain provisions. 2. The use of synthetic herbicides and/or pesticides on each lot/parcel should be prohibited. Herbicides or pesticides of natural or organic composition should be used as to not adversely affect ground and surface waters. 3. Through mutual agreement, the Open Space Conservation Area remain wooded and in a natural vegetated state into perpetuity except for the usual maintenance of the common access to Corey Creek. Passive uses which require clearing of portions of the Open Space Conservation Area should require further approval from the Planning Board." The Southold Town Planning Board has accepted the recommendation and grants the applicant's waiver request. The application continues to be reviewed by the Southold Town Planning Board and Town Engineer for the proposed Grading and Drainage plan for this proposed subdivision. Once this review is complete the application will be scheduled for another work session. Lastly, I have requested a recent version of the proposed Covenants and Restrictions from your office via e-mail on November 13, 2009 but have not received a copy to date. If you have a recent version of the proposed Covenants and Restrictions for this project, please forward them to this office at your earliest convenience for review. If you have any questions, do not hesitate to contact this office. Thank you. Tamara Sadoo Planner Page I of 1 Sadoo, Tamara From: Sadoo, Tamara Sent: Friday, November 13, 2009 11:56 AM To: 'dzere@nelsonpope.com' Subject: Southview Preserve Hi Dave- I was wondering if you had an updated copy of the C&Rs for Southview. i have a fairly old version and I wasn't sure if a newer more updated version had been drafted and submitted. There is nothing in the file I have. Thanks, mamara 11/24/2009 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November t6, 2009 4:00 p.m. 4:00 p.m. Site Plans and Subdivisions Project name: Southview Preserve SCTM#: 1000- 87-5-21.4, 87-5-21.7, 87-5-21.8, 87-5-21.9, 87-5-21.10 Location: on the south side of Main Bayview Road, approximately 900' east of Cedar Drive, in Southold Description: Standard subdivision of a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. Status: Conditional Preliminary Approval Action: Review Principal Planner Mark Terry's Recommendations/Comments re applicant's clearing requests. Attachments: Recommendations Project name: Aries Estates/Tully t SCTM#: I 1000-22-3-2 Location: at thewesteriy terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: Standard subdivision of an 11.44-acre parcel into two lots where Lot 1 equals 3.73 acres including 1.43 acres of open space, and Lot 2 equals 7.67 acres including 5.08 acres of open space, in the R-80 Zoning District. Status: Sketch Approval Action: Review Trustee/Planning Board site visit r~-top of bluff, consider recommendation re setback from top of bluff -Attachments: Staff Report ....... Project name: James Neumann ! SCTM#: I 1000-107-1-1.1 & 1.2 Location: Mattituck Creek and Mill Road, Mattituck Description: 5 lot standard subdivision Status: Open Action: Review alternative lay-outs for proposed subdivision. Attachments: Letter from App~jcan~t Discussion: Maria Mineo: SCTM#1000-108-4-7.5 - Discuss possible location of paddock and run-in shed for horses on Conservation Easement Area. SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)- 765 - 9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631 ) - 765 - 1560 JAMIE.RICHTER~TOWN.SOUTHOLD.NY.US Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Southview Preserve Subdivision .- Main Bayview Road, Southold, New York SCTM #: 1000-87-05-21.7, 21.9, 21.10, 21.11,21.12 & 21.13 Dear Mr. Sidor: ~ N6verhber-'lO, 2009 As per a request from your office, I have reviewed the revisions to the Grading & Drainage Plan for this Subdivision. These site plan drawings have been prepared by the office of Nelson & Pope and have been dated 04/16/07. With the exception of the subsequent comments contained herein, all of the items listed in my last two reports have been addressed in a satisfactory manner. Please consider the following: 1. The Overall Radius of the proposed Cull-de-Sac has been indicated as 32.5'. It appears that the actual curb is set off another 5' which would make the Curb Radius 27.5'. A written response from the Developers Engineer asserts that because it will be a privately owned road the homeowners will take responsibility for providing adequate room for emergency vehicles to maneuver. As per my_~3revious reports, Town Code Section 240- 45.5(c), requires that this Cull-de-Sac have a minimum Curb Radius of forty four (44') feet. 2. I have seen the location of the existing water main in Main Bayview Road but I have not found any indication of where the closest Fire Hydrant might be located. Have the Fire'"~ Department Commissioners from Southold reviewed this Plan and are they satisfied with the current Fire Hydrant locations? If you have any questions regarding this Subdivision review, please contact my office. Peter Harris, Superintendent of Highways Michael Verity, Principal Building Inspector Southold Town Trustees 'nes A. Richter, R.A. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WiLLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 F~x: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Martin Sidor, Chair / Members of the Planning Board From: Mark Terry, Principal Planner Re: Request for Waiver of Clearing Limits for Southview Custom Homes. Date: November 5, 2009 I have reviewed the letter submitted on October 9, 2009 from Paul M. Racz. PLS, of Nelson & Pope requesting a waiver of § 240-49. Clearing of the Southold Town Code and offer the following assessment and recommendations: The current permissible clearing limit for lots of the size proposed is fifty percent (50%). The applicant proposes clearing limits of 67% for Lot I (29,972.45 sq. fi.), 62% for Lot 2 (23,152.66 sq. ft.), and 69% tbr lot 3 (29,309.44 sq. fi.). Two major issues arise from the proposal: 1. The proposed action does not conform to the § 240-49. Clearing of the Southold Town Code. 2. The clearing limits encroach into the 100' wetland setback from regulated wetlands. Note that the ability of the Planning Board to waive the clearing requirements is established by: ~ 240-56. Waivers of certain provisions. The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general we[fare, except where such authority would be contrary to other ordinances or state law. The proposed subdivision is located on highly sensitive parcel adjacent to Corey Creek, a New York State Significant Fish and Wildlife Habitat Area and New York State Department of Environmental Conservation Critical Environmental Area. In the design phase of the subdivision, the sensitivity in relation to flood zones was taken into account and the Planning Board required a design that avoids and/or minimizes adverse impacts to the surrounding environmental features to the greatest extent practicable. As you are aware, the preservation of vegetation on the parcel is integral to maintaining the health of the vernal wetland systems that surround the proposed development area and that of Corey Creek. Therefore, the preservation of vegetation within the Open Space Easement Area into perpetuity is of much greater value that preserving the vegetation on the individual lots. Currently, the allowable uses with the Open Space Easement Area are undefined and the fate of the existing vegetation that lies outside of the regulatory buffers is unknown. It is recommended that the Planning Board take this into context when making a decision. With that said, I recommend that the Planning Board consider waiving the code requirements (with the following listed "appropriate conditions") based upon: 1. The waiver request is not a significant deviation from the 50% requirement. Additional clearing of Lot I is proposed at 17% or 7,604.95 sq ft. With the wetland buffer areas excluded from the clearing amount, the areas cleared will be reduced to (subject to surveyor verification): Lot 2 23,152.66 sq. ft - 560 sq. ft. = 22,592.66+ sq. ft. or 61% Lot 3 29,309.44 sq. ft - 1,837.70 sq. ft. = 27,471.74+ sq ft. or 65% The recommended "appropriate conditions" include: 1. The clearing of vegetation within a 100' wetland setback should be prohibited (this action would be contrary to other laws and not meet ~ 240-56. Waivers of certain provisions). 2. The use of synthetic herbicides and/or pesticides on each lot/parcel should be prohibited. Herbicides or pesticides of natural or organic composition should be used as to not adversely affect ground and surface waters. 3. Through mutual agreement, the Open Space Conservation Area should remain wooded and in a natural vegetated state into perpetuity except for the usual maintenance of the common access to Corey Creek. Passive uses which require clearing of portions of the Open Space Conservation Area should require further approval from the Planning Board. I will leave it to your judgment whether the waiver would not adversely affect public health, safety and general welfare. Please call me if you would like to discuss these recommendations further. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 November 10, 2009 Mr. David Zere, Project Manager c/o Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Rescind Resolution Setting Preliminary Public Hearing: Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive, in Southold SCTM#s1000-87-5-21.7 & 21.9 thru 21.13 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 9, 2009: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining portion of the property to be preserved as open space; and WHEREAS, on June 23, 2009, the Southold Town Planning Board re-issued Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on October 13, 2009, the Southold Town Planning Board set Monday, November 9, 2009 at 6:05 p.m. for a preliminary public hearing on the Preliminary Plat prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on April 2, 2009; and WHEREAS, the Southold Town Planning Board has reviewed this action and determined that a preliminary public hearing on Monday, November 9, 2009 is not required for this application for the following reasons: Southview Preserve PaRe Two November 10, 2009 1) There have been no changes to any of the requirements of Southold Town Code Chapter 240, Subdivision of Land, since this application first received Conditional Preliminary Approval on January 9, 2007 which would impact the above-referenced application or require that any changes be made to the above-referenced application. 2) No new information has been submitted by the applicant that would impact the above-referenced application or require that any changes be made to the above-referenced application. 3) A preliminary public hearing was previously held on November 13, 2006 for this application; be it therefore RESOLVED, that the Southold Town Planning Board hereby rescinds the resolution setting a preliminary public hearing on November 9, 2009 on the Preliminary Plat prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on April 2, 2009, for the proposed standard subdivision Southview Preserve. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. $idor Chairman Southold Town Plan~_ Board Work Session - November 2, ~9 - Pa.qe Twn Project name: Arthur Foster/North Fork Foster Yard~ SCTM#: I 1000-96.-1-1.5 Location: 350 Commerce Drive/at the s/e intersection of Commeme Drive and Corporate Drive, Cutchogue Description: Site plan and subdivision. Site plan for a re-handling yard including a --- building, and stockpile of fill on 3.24 acres. LI Zone. & 3 lot subdivision Status: Expired site plan approval and expired Standard Subdivision Sketch Plar Action: Consider next steps for site plan and subdivision and how the two should coincide. Attachments: Staff report Project name: Guadagno, Patrick I SCTM#: r 1000~27-1-2 Loc~;.ion: North side of Omhard Street, approx. 1008' west of Platt Road, in Orient. Description: Standard subdivision of 10 acres into 2 lots where Lot 1 is 1.5 acres & Lot 2 is 8.5 acres, inclusive of a 2.5-acre building envelope and 6 acres of subdivision open space. Status: Conditional Sketch - Expired Action: Re-issue sketch approval Attachments: Resolution Project name: Southview Preserve I SCTM#:I 1000-87-5-21.4, 21.7, 21.8, 21.9, 21.10 & 21.11 Location: South side of Main Bayview Road, 900' east of Cedar Drive, in Southold Description: Standard subdivision of 14.54 acres into 3 lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. Status: Conditional Preliminary Approval Action: Resolution rescinding public hearing Attachments: Resolution Project name: FIDCO/Flower I SCTM#: I 1000 10.-5-8.3,10.-5-9, 10.-5-12.9 Location: (no #) private road off East End Road, Fishers Island - Description: Lot line change where SCTM#1000-5-12.9 will decrease in size from 561,924 s.f. to 404,492 s.f., #1000-5-8.3 will increase in size from 369,388 s.f. to +/-433857 s.f., #1000-5-5.9 will increase in size from 162,478 s.f. to +/-169,448 s.f. No new building lots created. R-120 Status: Open Action: Grant Conditional Final Attachments: Resolution Project name: Location: Description: Status: Action: Grant Final Attachments: Torrell, Arthur I SCTM#: I 1000- 33.-2-10, 33.-2-11 On Westwood Lane, 300 feet north of Homestead Way, Greenport Lot line modification to transfer 2,430 s.f. from Parcel 1 (SCTM#1000- - 33-2-10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 SCTM#1000-33-2-11 ), increasing it from 24,756 s.f. to 27,186 s.f. Conditional Final Resolution PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 27, 2009 Mr. Paul Racz Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Ddve in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Racz: The Southold Town Planning Board has reviewed the above referenced application and your letter dated October 9, 2009 referencing clearing limitations on individual lots at their Monday October 26, 2009 Work Session. Based upon this review, the Southold Town Planning Board has requested that Principal Planner Mark Terry review the request made on behalf of the applicant that the percentages of individual lot area to be cleared for the three proposed residential lots be changed from 50% for all three lots to 67% for Lot 1,62% for Lot 2 and 69% for Lot 3. To confirm, the applicant has submitted a drawing reflecting the above referenced request, however, the submitted drawing shows the clearing percentages requested as encroaching into the required 100' minimum wetlands jurisdictional setbacks for the three proposed residential lots. Therefore, the $outhold Town Planning Board has recommended that you contact Mr. Terry at your earliest convenience to review and discuss the clearing percentages requested prior to submitting a new drawing reflecting the clearing limits for each of the three proposed residential lots. If you have any further questions, please do not hesitate to contact this office. Tamare Sadoo Planner Cc: Mr. Dave Zere PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMER~ KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'~]CE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMO To: Mark Terry, Principal Planner From: Town of Southold Planning Board Date: October 27, 2009 Re: Standard Subdivision of Southview Preserve - Clearing limits request SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Terry, The Southold Town Planning Board has requested that you review the above referenced request regarding changes in percentage of cleadng limits for the above referenced standard subdivision. The applicant's representative, Mr. Paul Racz of Nelson and Pope will contact you to discuss this request in detail. Once you have reviewed the request, please provide the Southold Town Planning Board with your recommendation in wdting. Thank you. Enc. Applicant's letter dated October 9, 2009 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFvICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Young$ Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Martin Sidor, Chair Members of the Planning Board. ~.x From: Mark Terry, Principal Planner Re: Request for Waiver of Clearing Limits for Southview Custom Homes. Date: November 5, 2009 I have reviewed the letter submitted on October 9, 2009 from Paul M. Racz. PLS, of Nelson & Pope requesting a waiver of § 240-49. Clearing of the Southold Town Code and offer the following assessment and recommendations: The current permissible clearing limit for lots of the size proposed is fifty percent (50%). The applicant proposes clearing limits of 67% for Lot 1 (29,972.45 sq. f~.), 62% for Lot 2 (23,152.66 sq. ft.), and 69% for lot 3 (29,309.44 sq. ft.). Two major issues arise from the proposal: 1. The proposed action does not conform to the § 240-49. Clearing of the Southold Town Code. 2. The clearing limits encroach into the 100' wetland setback from regulated wetlands. Note that the ability of the Planning Board to waive the cleating requirements is established by: 3~ 240-56. Waivers of certain provisions. The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law. The proposed subdivision is located on highly sensitive parcel adjacent to Corey Creek, a New York State Significant Fish and Wildlife Habitat Area and New York State Department of Environmental Conservation Critical Environmental Area. In the design phase of the subdivision, the sensitivity in relation to flood zones was taken into account and the Planning Board required a design that avoids and/or minimizes adverse impacts to the surrounding environmental features to the greatest extent practicable. As you are aware, the preservation of vegetation on the parcel is integral to maintaining the health of the vemai wetland systems that surround the proposed development area and that of Corey Creek. Therefore, the preservation of vegetation within the Open Space Easement Area into perpetuity is of much greater value that preserving the vegetation on the individual lots. Currently, the allowable uses with the Open Space Easement Area are undefined and the fate of the existing vegetation that lies outside of the regulatory buffers is unknown. It is recommended that the Planning Board take this into context when making a decision. With that said, I recommend that the Planning Board consider waiving the code requirements (with the following listed "appropriate conditions") based upon: 1. The waiver request is not a significant deviation from the 50% requirement. Additional clearing of Lot 1 is proposed at 17% or 7,604.95 sq ft. With the wetland buffer areas excluded from the cleating amount, the areas cleared will be reduced to (subject to surveyor verification): Lot 2 23,152.66 sq. ft - 560 sq. lt. = 22,592.66+ sq. ft. or 61% Lot 3 29,309.44 sq. ft - 1,837.70 sq. lt. = 27,471.74_+ sq lt. or 65% The recommended "appropriate conditions" include: 1. The cleating of vegetation within a 100' wetland setback should be prohibited (this action would be contrary to other laws and not meet 3~ 240-56. Waivers of certain provisions). 2. The use of synthetic herbicides and/or pesticides on each lot/parcel should be prohibited. Herbicides or pesticides of natural or organic composition should be used as to not adversely affect ground and surface waters. 3. Through mutual agreement, the Open Space Conservation Area should remain wooded and in a natural vegetated state into perpetuity except for the usual maintenance of the common access to Corey Creek. Passive uses which require clearing of portions of the Open Space Conservation Area should require further approval from the Planning Board. I will leave it to your judgment whether the waiver would not adversely affect public health, safety and general welfare. Please call me if you would like to discuss these recommendations further. 4:00 p.m. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 26, 2009 4:00 p.m. Site Plans and Subdivisions ~roj~ r!p~[ ......... T-Mobile NE !. L0~at!0n.; or Description: The applicant requests co-location of a public utility wireless communication facility having interior mounted antennas within an existing church steeple and a related storage equipment area screened from view. As part of the application, the applicant proposes to remove and replace a portion of an existing church steeple to match the existing ChUmh bq!!ding...~o.n..~...~.:9.!;a~..re~ site 10cated.i.n .t~.~.R_~0 ~g..D~s~ri~....., Status: ~ New Site Plan & Special Ex~ption Applications ~ cRnside[ a.uth0riz!ng, q0n~!tant t0 pro~d w~.~he [~v~ew: A~achments: Estimate from RF Consultant Project name: Southview Preserve i SCTM#: ~ 1000-87-5-21.4, 21.7, 21.8, 21.9, ' i 21.10 &21.11 Location: South side of Main Bayview Road, approximately 900' east of Cedar Drive, in Southold Description: Subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the ~ .~.i~n!~g~. '! ~..:~ .~.f:.e.. S. ~..~!~. p[~p~y.~ .!;!~ .p!'~.~ a~ op~ :, S~a~ ,...C~n~!fi~na?~e!im~na~.ApPm~a! Action: Discussion: 1. 2. 3. New Comprehensive Plan Kace LLC (Northwind Village) DEIS review - Review comments done to date Litigation update PLANNING BOARD MEMBERS MARTIN H. SIDOR Chsir WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND October 14, 2009 PLANNING BOAHD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax~ 631 765-3136 Mr. David Zere c/o Nelson & Pope Engineers 572 Walt Whitman Road Melville, NY 11747 Re; Set Preliminary Hearing: Proposed Standard Subdivision Southview Preserve Located on the s/s/o Main Bayview Rd., approx. 900' e/o Cedar Dr., Southold SCTM #1000-~21.4, 21.7 thru 21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolution at a meeting held on Tuesday, October 13, 2009: RESOLVED, that the Southold Town Planning Board set Monday, November 9, 2009 at 6:05 p.m. for a preliminary public hearing on the Preliminary Plat prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on April 2, 2009. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certifie,4 mailin;I receiots AND the signed green return receipt cards before 12:00 noon on Friday, November 6th. The sign and the post need to be returned to the Planninfl Board Office after the public hearin.q, If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Plannin.q Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southoid for a standard subdivision; That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-87-5-21.4 & 21.7 thru 21.11; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive, in Southold; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Please note: The office will be closed November 3rd. Information can also be obtained via the internet by sending an e-mail message to: CaroI.Kalin@town.southold.ny. us; That a final public hearing will be held on the matter by the Planning Board on Monda¥~ November 9~ 2009 at 6:05 p.m. in the Meetin~l Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Southview Custom Homes/Southview Preserve Date: 10/14/2009 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within t0 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon~ Fri, 11/6109 Re: Proposed Standard Subdivision Southview Preserve SCTM#~s: 1000-87-5-21.4 & 21.7 thru 21.11 Date of Hearing: Monday, November 9, 2009~ 6:05 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public heating this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public heating thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. SOUTHVIEW CUSTOM HOMES SOUTHVIEW PRESERVE STANDARD eSUBDIVISON 1000-87-5-21.4 & 21.7 thru 21.11 Proposal to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. ~IONDAY- NOVEMBER 9, 2009- 6:05 P.M. 5t. EEPY HOLLO! 078 -N- 1~3TICE COUNTY OF SUFF NELSON POPE VICTOR BERL RE · JOSEPH R EPIFANIA, PE · ROBERT G NELSON JR., RE October 9, 2009 Town of Southold Planning Board Office PO Box 1179 Southold, NY 11971 Attention: Mr. Martin H. Sidor, Chair Re: Southvicw Custom Homes N&P Job No. 02001 Dear Chairman Sidor: I have reviewed correspondence dated October 6, 2009 fi.om the Planning Board Office, and find Item No. 1 of the staffrecommendation to be unacceptable to the applicant. We are preserving nearly 80% of the subject premises in its' current natural state, and the formula for limits of clearing on individual lots is not semitive to the fact that the applicant is already proposing to preserve the vast majority of the site. The particular language on subdivision mapping prepared under my direct supervision was negotiated with a former representative of the Planning Depart~aent, Anthony Trezza, and was deafly depicted on Preliminary Subdivision Mapping approved by the Board and all subsequent final mapping. Due to the tight duster concept and the configuration of the lots, the 50% construction clearing limit shown is not sufficient to allow for reasonable future amenities for family enjoyment within the rear yards of these otherwise significantly secluded lots. With consideration of the great extent to which the applicant has cooperated with the Planning Department to achieve a desirable land use application, and the already significant conservation component, we respectfully request that the Planning Board allow the percentage of individnal lot area permitted to be cleared at'67% for lot 1, 62% for lot 2 and 69% for lot 3 as depicted on attached drawing. We sincerely believe that this is a reasonable request consistent with the preservation goals of the Town of Southold. Thank you for your anticipated prompt attention to this matter. PMR/msm Cc: Donald Ryan Sincerely, N&P ENGINEERS & LAND SURVEYOR, PLLC Paul M. Racz, PLS OCT 1 3 2009 PLANNING BOARD MEMBERS MARTIN H. SIDOR Cha/r MLLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 6, 2009 Mr. David Zere, Project Manager Nelson and Pope 572 Wait Whitman Road Melville, NY 11747 Re: Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board reviewed the above referenced application at their October 5, 2009 Work Session. The following items were discussed: · LWRP report · Map changes · Setting Public Headng for November 9, 2009 at October 13, 2009 Public Meeting Based upon the above review, the applicant and the Southold Town Planning Board have agreed to the following: 1 ) The applicant will remove the following language noted on the revised Preliminary Map: a. "Subsequent to certificate of occupancy, lots may be further cleared for appurtenant structures, amenities and/or recreational use of yard." 2) The applicant will return to the Southold Town Board of Trustees for subsequent permits needed for every building permit issued for each of the proposed Lots 1,2 and 3. 3) The applicant will replace 5 little leaf linden trees (species Tilia cordata) with 5 native variety of linden tree species - Tilia Americana as street trees. 4) The Southold Town Planning Board has agreed to waive the final public hearing as the preliminary map and final map will not change and a previous public headng was held on November 13, 2006 on the same map. 5) Once the Southold Town Planning Board has received copies of Suffolk County Department of Health Services approved stamped maps of the above referenced project, Conditional Final Approval will be issued. 6) The Southold Town Planning Board will continue to review the Covenants and Restrictions, Open Space Easement and Drainage Plans for this proposed subdivision. I have enclosed a copy of a template Open Space Easement the Town is requiring for use. Please format the existing open space easement so that it matches the template and include any language found on the template which was not included on the applicant's draft open space easement. I will also send you an electronic version of the template Open Space Easement via e- mail. If you have any further questions, please do not hesitate to contact this office. Thank you, Southold Town Plannin.q Board Work Session - October 5, 2009 - PaRe Two Location: 365 Westwood Lane Greenport 300 feet north of Homestead Way Greenport Description: A lot line modification to transfer 2,430 s.f. from Parcel 1 (SCTM~1000-33-2- 10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 (SCTM#1000-33-2- i 11~ increasing it fro. rn 2~ 756s f.t.o 2-~ .1.86.~ Status: i Cond t cna Final Approval Action: .................................................................................. i Recluest Extension of Conditional Final Approva Attachments i Resolution Granting 6 Month Extension Description: Subdivide a 12.03-acre parcel into 2 parcels where Lot 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 sq. ft. with an existing single-family residence and I associated accessory structures in the R-80 Zoning District. The remaining ~ acreage w remain as open space Status: i Sketch Apl~rova · Attachments: i Reso ut on Setting Pub c Hear ng for 11/9/09 21.11 Location: south side of Main Bayview Road, approximately 900' east of Cedar Drive, Southold Descrip~i'~n: ~ ~ b~i~i~i~ ~ 1'~i ~L~i:~ p'~rc~'i' 'ir~ 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11 53 acres of the roperty to be reserved as o en s ace + · p P P P. · Status: Conditiona Pre imina~ Al?l~rova Attachments ': Timeline Up-Dates ~atus: { Conditional Fin~i'A~F&;~ ................................................................ ........ ................... Discussion: 1. Comments requested by Town Board: a. Wireless Facilities Code Amendments b. Convenience Store Code Amendments c. Site Plan Requirements and Process 2 SUFFOLK COUNTY WATER AUTHORITY February 13, 2009 'Nelson & Pope 572 Walt Whitman Road Melville NY 11747 Attention: David Zere 4060 Sunrise Highway, P.O. Box 38, Oakdale, New York 11769 NELSON & POPE RE: Water Availability - Southview Preserve SCTM# 1000-87-5 Lots 21.7, 21.9, 21.10, 21.1 I, 21.12 & 21.13 SCWA# 4918422 Dear Mr. Zere: This letter is sent to advise that our installation price quote of $52,500.00 in our letter of availability dated February 3, 2009 was incorrect. The correct installation should have been quoted as $28,000.00. If you have any questions regarding this matter, plaque contact the undersigned at (631) 563-5610. ~ ,~ . ~' ~.,~.,~,~. Sincerely, (~ Steven Romano New Service Manager SR:lap 2006 National Source Water Protection Award Winner PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFI~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: James Richter, Engineering Inspector Tamara Sadoo September 30, 2009 Proposed Standard Subdivision of Southview Preserve Application Name: Southview Preserve Tax Map Number: 1000-87-5-21.4, 21.7-21.11 Location: The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive in Southold. Type of Application: Sketch Subdivision Map (Dated: ) X__ Preliminary Subdivision Map (Dated: April 2009 ) Final Subdivision Map (Dated: ) X__ Road Profiles (Dated: April 2009 ) X__ Grading and Drainage Plans (Dated: April 2009 ) Other (Dated: ) Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans Other (AS BUILT) (Dated: ) (Dated: ) Project Description: This proposal is to subdivide a 14.54-acre parcel into three lots where Lot I equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.$3 acres of the property to be preserved as open space. Additional Comments: This proposed standard subdivision has received the applicable DEC permits and TOS Board of Trustees is currently reviewing the application. Thank you for your cooperation. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 831 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Martin Sidor, Chair Town of Southold Planning Board From: Mark Terry, Principal Planner LWRP Coordinator Date: Re: September 25, 2009 Proposed Wetland Permit for SOUTHVlEW CUSTOM BUILDERS SCTM#1000 -87-5-21.4,21.7,21.9,21.10,21.11,21.12,21.13 Zoning District: A-C Nelson, Pope & Voorhis, LLC on behalf of SOUTHVIEW CUSTOM BUILDERS requests a Wetland Permit for the subdivision of a 14.54 acre property into three lots, construction of three single-family dwellings with associated sanitary systems and access gravel driveway. Located: South Side of Main Bayview Rd. Southold. SCTM#87-5-21.4,21.7,21.9,21.10,21.11,21.12, 21.13 Note that portions of Lots 1, 2 and 3 are located within the Board of Trustcc~ jurisdictional limits; includin.q areas of the "limit of clearin~l during construction" area. It is recommended that the applicant seek a determination from the Board on permitted activities within these areas. Further, the limit of clearing as depicted on the NYSDEC Permit Plan Map (dated January 20, 06) and Gradin.q and Drainage Map (dated December 13, 2006) is not · permissible pursuant to § 240-49. Clearin.q of the Southold Town Code. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. The parcel is partially protected by an earth berm (dike) that runs north/south located in tho southern portion of the property. The proposed lots are located in AE8 flood zone (inundated by the flood event havinq a 1-percent chance of bein.q equaled or exceeded in any ~liven year) and mostly within the ×500 Areas (determined to be outside the 0.2% annual chancn floodplain). BuildinR pads are proposed to be raised from existinR qrade to 12' NGVD and thn first floor elevations of the residential structures are proposed at 14.0 NGVD. Based on such, the above policy has been met. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.1 Protect and restore ecological quality throughout the Town of Southold. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. The applicant proposes 10 street trees; 5 Red Oak (Quercus rubra) and 5 little leaf linden (Tili;~ cordata). Red oak is native to Lonq Island. The little leaf linden variety proposed is not nativo to the area. It is recommended that the applicant use a native variety of the linden troo species e..q. (Tilia Americana) to further the above policy. 6.3 Protect and restore tidal and freshwater wet/ands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved it is recommended that the Board require the establishment of a perpetual natural buffer in the "50' Buffer Area to Remain Natural". A sample definition follows: NATURAL VEGETATED BUFFER -- a land area of a certain lenqth and width where existinq ve.qetation occurs prior to the commencement of any Rradin.q or clearinq activity. Veqetation shall be maintained to achieve a minimum percent .qround cover of ninety-five (95) percent. To achieve the perce0t ground cover indi.qenous, drou.qht tolerant veqetation shall be planted. Survival of planted ve.qetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removin.q ve.qetation which are hazardous to life and property and replantinR of ve.qetation. Due to the area of wetlands and environmental siclnificance of Corey Creek, it is also recommended that the Conservation Easement Area remain in its natural state and the uses within the area be limited to passive recreational uses. Further, to further Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: 1. Require that the proposed easement for common access to Corey Creek be limited to 4' in width and remain pervious into perpetuity. 2. Require that all driveways remain pervious into perpetuity. 3. Soil test holes indicate very poorly drained soil conditions. It is recommended that gutters, leaders and drywells be required. 4. Prohibit the use of synthetic herbicides and fertilizers capable of enterincl surface waters or groundwater on each lot. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Tamara Sadoo, Planner Page I of I Sadoo, Tamara From: Standish, Lauren Sent: Monday, August 17, 2009 3:51 PM To: Sadoo, Tamara Subject: Southview Preserve Hi Tamara, The Board of Trustees inspected Southview Preserve on Wed., August 12th and met with David Zere. Mr. Zere was informed by the Board that a wetland permit was necessary for the access road into the property, as proposed through a freshwater wetland, and was given an application. The next hearing has been set for Wed., September 23, 2009. The deadline to submit a completed application is Sept. 2nd. I will let you know when the application has been submitted and scheduled for a hearing. Lauren 8/18/2009 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold Planning Board Office P.O. Box 1179 Southold, N.Y. 11971 Att: Ms. Tamara Sadoo, Planner Dear Ms. Sadoo: STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 22, 2009 Re: Southwew Preserve Suffolk County Tax Map No.: 1000-087.00-05.00-021.~07 et al..~ Suffolk County Planning File No.: S-SD-09-05 Pursuant to the requirements of Section A 14-24, Article X1V of the Suffolk County Administrative Code, the above referenced subdivision that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: ~The most landward limit of wetlands should be flagged (within two years of final subdivision submittal) in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches. _./~nless a greater buffer is required pursuant to Federal, State, County or Local regulations, a minimum buffer area of 100 feet shall be maintained adjacent to a designated wetland. Removal of vegetation shall only be permitted in accordance with applicable Federal, State, County or Local regulations. ~') The Subdivision Map should be redesigned to accommodate a 50 foot wide Right-of-Way suitable for dedication to the Town of Southold for highway purposes. · It should be noted that the Suffolk County Tax Map Numbers listed on the Subdivision Map are not correct and should be updated accordingly. JHC:jc Sincerely, Thomas Isles, AICP Director of Planning Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 (831) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 SOUTHOLD FIRE DISTRICT P.O. BOX908. SOUTHOLD, N.Y. 11971 (631) 765-4 :~05 FAX (631) 765-5076 June 11,2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: Southview Preserve, Main Bayview Road, Southold SCTM#1000-87-5-21.4, 21.7-21.11 Dear Tamara: Please be advised that the Board of Fire Commissioners of the Southold Fire District has reviewed the above mentioned standard subdivision map and find that there is adequate fire/emergency access. Sincerely. Carol A. Miller Fire District Manager The Board would like to reserve the right to review the above subdivision if any changes occur to , ,.~ p,,,~.~, ,y ,,, ,,~ u,h,., property in the immed, ia~e area. PLANNING BOARD MEMBERS MARTIN II. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPII L. TOWNSEND June 8, 2009 Southold Fire District P.O. Box 908 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF $OUTHOLD M~II JNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Request for review on Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Ms. Miller, The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This This proposal is to subdivide a 14.54-acre parcel into three lots where Lot I equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Tamara Sadoo '~ Planner Encls.: Subdivision Application Subdivision Plat PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOVgNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 June 8, 2009 Suffolk County Planning Commission 220 Rabro Ddve P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Theodore Klein Dear Mr. Klein, Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed application to the Suffolk County Planning Commission: Map of: Southview Preserve S.C.D.P.W. Topo No.: S.C. Tax Map No.: 1000 - 87-5-21.4, 21.7-21.11 Stand. Sub. ,X' Conserv. Sub. __Site Plan MATERIAL SUBMITTED: Subdivision Plat (1)_X_ Road Profiles (1)_X_ Topographical Map (1) Site Plan (1).__ Other materials (specify and give number of copies) Hamlet/Locality: Southold Zoning: AC Cluster Drainage Plan (1)_X_ Grading Plan (1) Lot Line Change Waiver of Subdivision Requirements - None Page 2 SoUthOld Town Planning Board Referral Referral Criteria: SEQRA STATUS: SEQRA not yet started 1. The Project is an ( ( ( ) Unlisted Action ) Type I Action ) Type II Action 2. A ( ( ( Negative Declaration Positive Declaration Determination of Non-significance has been adopted by the Planning Board. 3. E.l.S. statement enclosed. ( )Yes (.~ No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( X )No Comments: This proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. We request acknowledgement of receipt of this referral ( ) Yes (x) No Referral received and assigned File No. 2008 by the Suffolk County Planning Commission Sincerely, Tamara Sadoo Planner PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLLAI~ J. CREMEP~S KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SouTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, N'Y' 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: Mark Terry, LWRP Coordinator Tamara Sadoo June 8, 2009 Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Ddve in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. D~scription: This proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. Thank you for your cooperation. Tamara Sadoo ' Planner ~ PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM O/o MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFI~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To.' From: Date: Re: James Richter, Engineering Inspector Tamara Sadoo June 8, 2009 Proposed Standard Subdivision of Southview Preserve Application Name: Southview Preserve Tax Map Number: 1000-87-5-21.4, 21.7-21.11 Location: The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive in Southold. Type of Application: X Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: (Dated: April 2009 (Dated: X Road Profiles (Dated: April 2009 X Grading and Drainage Plans (Dated: April 2009 Other (Dated: Sketch Site Plan Preliminary Site Plan (Dated: (Dated: Grading and Drainage Plans (Dated: Other (AS BUILT) (Dated: Project Description: This proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f~, Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.£ totaling 2.87 acres with the remaining 11.53 acres of the property to be preserVed as open space. Additional Comments: This proposed standard subdivision has received the applicable DEC permits and TOS Board of Trustees is currently reviewing the application. Thank you for your. cooperation. Planning Board Work Session ~nda Page Three May 4,2009 Project name: Southview Preserve~l~: i 1000-78-05-21.4,21.7,21.8,21.9,21.10 i I &21.11 Location: The property is located on the south side of Main Bayview Road, ......................................... a_ppro~jma_t_e~ 900' east of Cedar Drive, in Southold. Description: Subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as 4 open space. ~ ~-a-i-~-~ i_ _-_T-~ii'~"~'~ii'~'~i~ i~ E ~p_i ~? ~ ~q ~ a_ nc ..P_ ~_a t_~ ~ ~_~-'_~'-~-~ i"-_i"~;~"--"~ Action: _Re_-_grant preliminar,/Approval of new Preliminary_P_[a_t__a. pp_licat_ion ........... _ _A_ff_ a_c_ h__m_e_n t_s_:. ............ _R.e_. _s_o_l u_t i_o_n: f_o__r.._ .M_..a_y_._l__l.~ u__b fl~c~m_e_e t3_ng ................................................................................. .... ~e~Ffi~n-e? ........... ~.-_~ii~;-'~)seph-~-id~- .......... ~-~-¥~.' I 1000-143-3-33.2 Location: This site is located on the west side of Hobart Avenue, approximately 1,059 feet north from Terry Lane, Southold. Description: This is a standard subdivision to subdivide 95~846 s.f. into two lots where Lot 1 is 41,280 s.f. and Lot 2 is 54,566 s.f~ in the R-40'Zoning District. Status: Sketch Plan review Review letter from aPplicant requesting a demolition and building permit on a site where the Planning Board is currently reviewing an active subdivision. Action: Discuss site visit with Board Members on 4/30/09, WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 20, 2009 4:00 p.m. Applications: Site Plans Location: 115 Commerce Drive LLC, Cutchogu~ ........................................ ~rip~i~i ~ Construct a 23,490 sq. ft. self-storage building on a 47,166 sq. ft. parcel i ![~. ~!~. ~i.g!!~. !.~d~[!~.! .~?!~g ~!~[!~ Status: i Application Act on ; Rev ew consol dated comments on s te I~ an i Attachments: ~: ~:~j~'n~i ..... Laurel Creek Nurse~/Mangieri SCTM#: 1000-125-3-2.3 Franklinville Rd. Description: Construct four greenhouses, ~o 14' x 100' hoop house type over wintering houses, and ~o 25'x 100' hoop house ~pe greenhouses. The ~ ............. ~i.~e .~gnta ~n~...a n...exist!n.g wh0!esa!e. ~ u[~ b.~.~.~ess~ ............. ' Status: Final Approval Pending Inspection Action: Review final ins ection le~er - : Attachments Draft !nspectio~ ~e~e[ Subdivisions . Project name: :; Southview Preserve SCTM#: 1000-78-05-21.4,21.7,21.8,21.9,21.10 ,' &21.11 approximat.~.!Y.900' Description: Subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. Status: Exp red conditiona pre m na a rova and cont hue rev ew n a cat on , g...PP · Attachments: iT me ne March 25, 2009 NELSON VICTOR BERT, PE · JOSEPH R EPIFANIA, ~E. · ROBERT G NELSON JR PE Ms. Tamara Sadoo Town of Southold Department of Planning P.O. Box 1179 Southold, NY 11971 Southview Preserve - S/S Main Bayview Road, East of Cedar Drive SCTM: 1000-087-05-1ots 21.7, 21.9, 21.10, 21.11, 21.12, 21.13 Dear Ms. Sadoo: As per our conversation, enclosed please find Preliminary Application for Southview Preserve including the following items: Completed Preliminary Application 6 Copies of Preliminary map showing grading and drainage as previously approved Check in the amount of $1,000.00 payable to the Town of Southold Homeowners Association, covenants and easement language previously submitted. Please advise if you require any additional information as I will provide it accordingly. Thank you for all of your help and we look forward to preliminary reapproval so that we may proceed towards final hearing. Very truly yours,  ~EERS & SURVEYORS, LLP Project Manager DWZ/nb EH 734177638 US Mailing Label Lebel 1~ B, M~rch 2004 Post OfficeTo Addressee NI::L ON, F:'OF: VOOF: HI , LLC ENVI~ONIVIIENTAL PLANNING CON~ULTIN(~ PH: la,l) 4~7'BS~B m ~ ~ Rolid P~(: (051) 4~7'B~20 MMMII, NY 11747 Trefllnllttel Letter TO: · BOard Of Trustees c/o Elizabeth A. Neville, Town clerk Town of Southold 53095 Route 25 Southold, NY 11971 Dote: Frldayr March 20r 2009 Re: Southvlew Preserve NP&V f: 0~001 VIA: Regular Moll Fedex By Mee~enger lndoaesl iMeme find the following: Dear Menlbers of the BOard of Trustees: Please find the enclosed documents sent per sara da Sllva's request. Please do not hesitate to contact me should you have any questions or need further assistance. Thank yOU. sincerely, NILSON, POPl & VOORHI$, LLC CC: By.' AShley Marclszyn x215 New York State Departme~I of Environmental Conserva~n 'Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (63t) 444-0368 FAX: (631) 444-0360 Website: www.dec.state.ny.us Alexander B. Grannis Commissioner February 19, 2008 Southview Custom Builders Inc. ] 8 Lawn Ave. West lslip, N.Y. 11795 Re: Permit #1-4738-03590/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Deputy Permit Administrator US/dj Enclosure NEW YORK STATE DEPARTME]~)F ENvmoNMENTAL CONSERVATIOI Facility DEC ID 1-4738-03590 ~ '~' PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: SOUTHVIEW CUSTOM BUILDERS INC 18 LAWN AVE WEST ISLIP, NY 11795 (631) 669-0527 Facility: SOUTHVIEW CUSTOM BUILDERS PROPERTY S/S/O MA1N BAYV1EW RD S/O VICTOR1A DR ISCTM# 1000~ 87 -5 -21.4,21.7,21.9-21.13 SOUTHOLD, NY 11971 Facility Application Contact: NELSON POPE & VOORHIS LLC 572 WALT WHITMAN RD MELVILLE, NY 11747 (631 ) 427-5665 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 717:11 NYTM-N: 4546.2 Latitude: 41 °02'17.1" Longitude: 72°25'01.6" Project Location: S. SIDE OF MAIN BAYVIEW RD S. OF VICTORIA DR WATERCOURSE: COREY CREEK Authorized Activity: Subdivide 13.35 acre parcel into a 10.18 acre conservation area/open space lot and three residential lots, rang/ng from 0.86 to 1.1 acres in size. Construct a single family dwelling, associated sanitary system, accessory structures and gravel common access driveways on each residential lot. Install a 5 foot wide gravel path in the 15 foot wide common easement in order to access Corey Creek. All work shall be done in accordance with the attached plans prepared by Nelson & Pope sheets 1 and 2 of 2 dated 1/18/06 revised 4/14/06 and stamped NYSDEC approved on 2/15/08. The parcel is more than 100 feet from any state regulated Freshwater wetlands and therefore no permit is required from the Freshwater wetlands Act. (Article 24). Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03590/00001 New Permit Effective Date: 2/19/2008 Expiration Date: Page 1 of 6 NEW YORK STATE DEPARTME~F ENVmONMENTAL CONSERVATIO~ ~ Facility DEC m 1-4738-03590 '~' n~ NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: LAURA J SCOVAZZO, Deputy Regional Permit Administrator Address: NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOK]50 CIRCLE RD STONY BP,~OOK, NY 11790 -3409 . Authorized Signature: .-/_2 ~/~/~'C.Z-~ /// /(ff'~'/? /, ~) Date~/6~{9/ Distr/i'bution List 7 NELSON POPE & VOORHIS LLC Marine Habitat Protection LAURA J SCOVAZZO Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation~ or for other purposes, and no claim or right to compensation shall accrue from any such damage. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand al~ terms and conditions of this permit. Within 30 days &completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water with/n the forms. Page 2 of 6 NEW ¥OR~ STATE DEPARTME~OF ENVIRONMENTAL CONSERVATIO~ Facility DEC ID 1-4738-03590 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. s. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 7. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 8. Department Jurisdiction The department retains jurisdiction of all regulated lands where fill has been permitted. Placement of fill shall not be used to alter the department's Tidal Wetland jurisdictional area at the project site. The area remains a regulated area subject to Tidal Wetland Land Use restrictions of 6 NYCRR Part 661. 9. Install, Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt fencing, etc., are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 10. Runoff Directed to Upland Drywells Roof runoff shall be directed to drywells a minimum of 100 linear fcct landward of the tidal wetland boundary for immediate on-site recharge. 11. Driveway/Parking Area of Pervious Material Driveway and parking areas shall be constructed of NYSDEC-approved pervious materials. 12. Direct Runoff Away from Tidal Wetland and Buffer Roads, driveways, and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer arens. 13. Stormwater Treatment System The stormwater treatment system must be inspected twice yearly at 6 month intervals and cleaned at least once per year before June 1 st, or as per manufacturers specifications. The permittee shall keep a written maintenance log of all inspections and service and shall submit a copy of each annual log by December 31 of each calendar year to Marine Habitat Protection NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NYI 1790 -3409 Attn: Compliance 14. Tidal Wetland Covenant The permittee shall incorporate the attached Covenant (for Lots 1,2 and 3) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall mn with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to Marine Habitat Protection Attn: Compliance Page 3 of 6 NEW YORK STATE DEPARTME~F ENVIRONMENTAL CONSERVAT]O~ ~ Facility DEC l~ 1-4738-03590 lS. Sanitary Systems above Groundwater Samtary system (bottom of tank and leaching pools) shall be located a mirdmum of 2 feet above seasonal high groundwater. 16. No Easement for Structures This permit does not authorize the granting of ehsements for the construction of water access smactures, mooring facilities, or other structures. 17. Drywells and Catch Basins All drywells and catch basins shall be located a minimum of two feet above seasonal high groundwater. 18. Restrictive Covenant The permit holder shall incorporate a Restrictive Covenant ( or similar language) to the deed for the open space/conservation area parcel identified on the NYSDEC approved plan and file it with the clerk of Suffolk County within 30 days of the effective date of this permit. This covenant shall state that no structures shall be constructed on this parcel othe~ than the five foot wide pervious walk and the area shall remain in its natural state. This covenant shall mn with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 45 days and prior to commencement of any regulated activity at the site to NYSDEC, Marine Habitat Protection, SUNY ~ Stony Brook, 50 Circle Road, Stony Brook, N.Y. 11790-3409. 19. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Nelson & Pope sheets 1 and 2 of 2 dated 1/18/06 revised 4/14/06. 20. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation 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 completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Depm tment of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable 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. 21. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments~ fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. '~:: 22. State May Require Site RestoratiOn If upon the expiration or revocation of this permit, the project 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 Department of Environmeatal Conservation may require, remove all or any portion 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. Page 4 of 6 NEW YORK STATE DEPARTMENOF ENVIRONMENTAL CONSERVATIO~ ~ Facility DEC ID 1-4738-03590 GENERAL CONDITIONS - Apply to ALL Authorized Permits: I 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether thc pcrmittec is complying with this permit and thc ECL. Such representative may order thc work suspended pursuant to ECL 71 - 0301 and SAPA 401(3). The pcrmittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Depm hnent or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The pcrmittee must submit a separate written application to thc Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfci' granted by thc Depmhnent must bc in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOK[50 CIRCLE RD STONY BROOK, NYI 1790 -3409 4. SubmisSion Of Renewal Application The permittee must sUbmit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department Thc Department reserves the right to modify, suspend or revoke this permit. The grounds for modification; suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; failure by the permittee to Comply with any terms or condition~ Of the permit; exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any Page 5 of 6 NE~ YORK STATE DEPARTMEI~)F ENVIRONMENTAL CONSERVATI ~ Fscility DEC ID 1-4738-03590 provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERNIITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to lndenmification The pcrmittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil fights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comPly with this pi:rmit~ including ali Special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittec. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to cany out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the pennitt~e any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, Or interest in real or personal proPertyheld or Vested in a pers°n not aP~ to the permit. Page 6 of 6 ~ . [OTICE COVENANT TO THE DE~ DECLARATION THIS DECLARATION, dated __ day of ,20i)__, is made by , (hereinafter the "Declarant"), whose address is WITNESSETH WHEREAS, the D&larant is the owner of certain real property located in the Town of , .. County of , State of New York, Tax Map # District __, Section , Block , ,Lot(s). which real property is more particularly described in Exhibit A annexed hereto ihereinafler referred to as the "Property"); and WHEREAS, the Property is situated in or adjacent to regulated tidal wetlands which have been iayentoried and mapped by the New York State Department of Environmental Conservation (hereinafter ,~'DePartment"), pursuant to Environmental Conservation Law (hereinafter "ECL,) Article 25 (also known as ._the "Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations (liereinafler !'6 NYCRR"); and WHEREAS, various activities conducted both in and adjacent to tidal wetlands are regulated by the ~pa~hiient pursuant to ECL Article 25 and Part 661 of 6 NYCRR and requh'e written authorization from the Department prior to being conducted; NOW, THEREFORE, in recognition of the Depa~'hnent's jurisdiction as set forth above, it is the .l~)gponsibility of a party having any fight, title, or interest in the Pmpen'y, to obtain bom the Department or *ny successor organization, a current description of all activities which are regulated pursuant to ECL ~'ticle 25 and Part 661 of 6 NYCRK, and to obtain written authorization bom the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; dredging; erection of ~.I/p~tmes; construction or reconstruction of shoreline erosion structures; and construction and ~qgOnstmetion of docks and bulkheads. .,i.. By: ~ATE .OF NEW YORK . ) : )SS.: COUNTY OF ) ~ .. On the day of in the year 200 , before me, the undersigned, a Notary Public ~n. and for said state, personally appeared , personally known to me or proved to ~l,e, on the basis of satisfactory evidence to be the person whose name is subscribed to the within.instnmaent ~i.~ acknowledged to me that he executed the same in his capacity, and that by his signature on the ~/~s~.tYum. ent, the person or entity upon behalf of which the person acted, eXecuted the inslrttment. NOTARY PUBLIC NOTICE OF COMMENCEMENT OF CONSTRUCTION OR FAX TO: 631-444~97 ETURN THIS FORM TO: ERMIT NUMBER: ROJECT LOCATION/ADDRESS: ONTRACTOR NAME: COMPLIANC~ · Marine Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-3409 ISSUED TO: ADDRESS: TELEPHONE: ear Sir: Jrsuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity shall commence on __. We certify that we have read the referenced permit and approved plans and fully understand the authorized projec~ and all ~.rmit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the )proved plans. We can do so in full compliance with all plan notes and permit conditions. The permit sign, permit and approved plans will .~ available at the site for inspection in accordance with general Condition No. 1. ~oth signatures required) PERMITEE DATE CONTRACTOR DATE -tis NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND )R ANY ASSOClA TED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE ERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE ERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT ONDITIONS. .............................................................................. i,i'Sfi'6E6F' '5 i i:i ¥iSi;i'5'F ai;i 'f ........................................................ ETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-444-0297 Marine Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790-3409 ERMIT NUMBER: ISSUED TO: ~OJECT LOCATION/ADDRESS: ©NTRACTOR NAME: ADDRESS: TELEPHONE: ear Sir: ursuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans· (Both signatures required) PERMITEE DATE CONTRACTOR DATE HIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE ENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. New York State Department of Environmental Con.servation NO.T.IC.E The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number / Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit MEMO To: Town of Southold Board of Trustees From: Town of Southold Planning Board Date: March 23, 2009 Re: Board of Trustees Permitting and Planning Board Approvals Dear Board of Trustees, It has come to our attention that there appears to be some discrepancy regarding the procedure between the Trustees and the Planning Board with regards to the timing of determining jurisdiction and issuing permits and/or issuing letters of non-jurisdiction for wetlands etc. Pursuant to Southold Town Code, § 240: Subdivision of Land, the Planning Board requires all necessary permits from all relevant regulating authorities at the Sketch Approval stage to determine the Yield for a proposed project and pdor to granting Final Approval the Final Approval stage where the applicant must provide the Planning board with copies of all required permits. Please see: 1) §240;10(B)(b) B. Yield plan. (1) Purpose. The purpose of the yield plan is to determine the allowable density. (b) Total lot yield shall be determined on buildable lands only. Subdivision design shall exclude the following features, unless the applicant shall have obtained a permit from all relevant regulating authorities approving the applicant's right to place residential structures in the subject areas: [1] All underwater lands. [2] Tidal wetlands or freshwater wetlands, as defined in state and local regulations. [3] Bluffs, primary dunes and secondary dunes. [4] Beaches below mean high water, as defined by the United States Coast and Geodetic Survey or latest Tidal Wetlands Survey, and any beach or area lying between this line and the coastal erosion hazard line. [5] Areas required for park dedication pursuant to this chapter. [6] Areas required for recharge basins or for natural area recharge. [7] Areas required for public or private rights-of-way. [8] Areas required for utilities or public facilities, except that minor utility easements of direct service to the subdivision may be included. [9] Areas for which the development rights have been transferred, sold or extinguished. [10] Areas which the Planning Board shall determine to be of such character that they cannot be used safely for building purposes without danger to health or peril from fire, flood, drainage or other menace to neighboring properties or the public health, safety and welfare. And, please see: §240-25(B)(4): Final Approval Final 'approval. Prior to obtaining the Planning Board Chair's or Vice Chair's signature of the final plat, the developer shall have provided the following: (4) Copies of required permits. If you have any questions, please do not hesitate to contact the Planning Board. Thank You. NELSON & POPE VIA FACSIMILE (631) 765-3136 March 11, 2009 Mr. Martin Sidor, Chairman Sonthold Town Planning Board P.O. Box 1179 Southold, NY 11971 GREGORY D PETERMA~,PL~,~ Mc~RAN~PE· T~C THOMASC DIXON, RL RE: Standard Subdivision of Southview Preserve, sis Main Bayview Road 900' East of Cedar Drive SCTM: 1000-87-$-21.4, 21.7-21.11 Dear Chairman Sidor: It has come to our knowledge that the preliminary approval for Southwew Pres~l~eawe has expired. On behalf of our client, Mr. Donald C. Ryan of Southview Custome Builders II, we respectfully request that the preliminary approval be renewed. The applicant has been working diligently for seve~tl years to move this application to final hearing status including: The Town of Southold Trustees Wetlands F~mit application was submitted approximately three years ago and we have not received p~'tait to date. Suffolk County Department of Health Services is pending and has been being reviewed since 2005. SCDHS covenant process alone has taken over a year. Our applicant just received approval on final components to satisfy SCDHS including water availability and fire hydrant issues. The only item SCDHS is waiting for is Southold Trustees Wetlands Permit DEC Tidal Wetlands Permit issued in 2008 aRar almost three years of review. Applicant made initial subdivision application submission to Town of Southold in 2002 but got included in the moratorium which was lifted in 2004 Easement and covenant paperwork was submitted in 2006 to Town of Southold. No response to date. Homeowner Association (HOA) approval was obtained in 2007 by NYS Attorney General. All of the above items have been actively pursued and are necessary for applicant to move on to final hearing stage. Our client received preliminary approval in December 2006 based on 3 individual lots on 14.5 acre site while preserving almost 80% of land in subdivision. Our client's as-of-fight yield was 5 lots but he decided to go with only 3 lots. Our client, Mr. Donald C. Ryan of Southview Custom Builders, has always demonstrated good faith with the Town and is respectfully requesting that preliminary approval be r~tored so that he may move to final hearing in a timely fashion. Thank you for your time and attention to this Very truly yours, ERS & SURVEYORS, LLP Project Manager DWZ/nb MarkTm~x,_~..., 5~'~ WALT WHITMAN ROAD, MELWLLE, NY 11747-2~8 CC: (631) 42%5665 FAX (631) 427-5620 I .LSON & POPE ENGINEERS AND SURVEYORS 572 Walt Whitman Road Melville, NY 11747 TO: Mr. Anthony Trezza Town of Southold P.O. Box 1179 Southold, NY 11971 Date: 21-Mar-08 Re: Southview Preserve Ref: N&P Job # 02001 Attn: H.D. Ref: We are sending you ~ Under separate cover X Herewith Pick Up ~ X By Messenger (fed-ex) For Your Review & Comment Approval As requested X For your use Bid Submission Quantity I Drawing Title I Sheet No. I Rev. No. 1 Open Space Conscrvtion Easement DRAFT LANGUAGE I DEC Wetlands Permit I HOA Approval 1 Cover letter Remarks: Sincerely, NELSON & POPE By: David Zcrc NELSON & POPE VICTOR BERT, RE · JOSEPH H EPIFANIA, PE · ROBERT G NELSON JR, RE. PAUL M RACZ, RLS · THOMAS F LEMBO, RE · GARY S BEOKER RE GREGORY D PETERMAN, RLS · ERIC J McFERRAN, RE · THOMAS C D]XON, RE. March 20, 2008 Mr. Anthony Trczza Southoid Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Southview Preserve, Main Bayview Road, Southold, NY SCTM#: DIST 1000 SEC 087 BLK 05 LOTS 21.4,21.7, 21.9, 21.10, 21.11, 21.13 - Dear Mr. Trczza: Enclosed please find the following items for your review: Southview Preserve HOA Approval Letter and Offering Plan DEC Wetlands permit Draft Easement Language Please note that we are actively pursuing Suffolk County Health Department approval. Based on the information provided we respectfully request a final hearing for the above referenced proposed subdivision. Thank you for your attention to this matter and I will be available to answer any questions you may have. Very truly yours,  ~NGI~EERS & Project Manager SURVEYORS, LLP Enclosures OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of · 200 at Southold, New York. Thc Parties are SOUTHVIEW CUSTOM HOMES TWO INC. resl-ding at 18 Lawn Avenue, West lslip, New York 11795 (herein called "Grantor"), and the TOWN OF SOUTHOLD), a municipal corporation, having a principal office at 53095 Main Road, PO Box 1179, Southold, NY 11971 (herein called "Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in thc Town of Southold, Suffolk County, New York, identified as SCTM# 1000-8%05-21.4, 21.7, 21.8,21.9, 21 .t0 and 21.11 and has made application to and has reccivcd approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of "Southvicw Preserve" prepared by Nelson & Pope, last dated April 16, 2007, which map is to be tiled in the Suffolk County Clerk's office simultaneously herewith; and Whereas, Section 240-42H of the Subdivision Code of the Town of Southold requires that Standard Clustered Subdivisions are required to preserve a minimum of 60% of the buildable lands under subdivision in perpetuity; and Whereas, General Municipal Law Section 247 provides for the acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real properly, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, as a condition of approval of this standard subdivision plat and in order to further the Town's goals of permanent preservation, the Planning Board has required this Open Space Conservation Easement be placed over a I 1.52-acre portion of the subject property described in Schedule A, attached hereto and made a part hereof, shown of thc aforementioned Subdivision Map (attached hereto as Exhibit A) as the "Open Space Conservation Easement Area'· (Easement Area set forth on Schedule B) and hereinafter referred to as the "Property;," and Whereas, as a condition of said approval, the Planning Board has required that the ~vithin Easement be recorded in the Suffolk County Clerk s Office simultaneous y with the filing of this subdivision map. NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration paid to Grantor, thc receipt of which is hereby acknowledged, Grantor hereby grants, transfers and conveys to Grantee, an Open Space Conservation Easement in gross, which shall bc binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein rcfcrrcd to as the Properly, more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this casement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under thc Laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York Gcncml Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for thc preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the scenic and natural resource values of thc Open Space Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its scenic, open space and natural resource qualities, by preventing the use or development of the Property lbr any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Documentation Do you want to do baselines for these properties, surveys of just the property under easement or use the Grantor's Subdivision Map for a baseline for monitoring purposes? You probably need to refer to some type of documentation in this easement to ensure compliance. 0.05 Recitation In consideration of thc recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to bc bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an ()pen Space Conservation Easement sct forth on Schedule B (herein called the "Easgment"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. Thc word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also bc deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee' when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Property; except as otherwise specifically permitted by the provisions hereof 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Property except as permitted by Section 4.05 hereof and by the Southold Town Planning Board and by other applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mining Thc excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on thc Property, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management. 3.03 Subdivision The Open Space Area may not be furthcr subdivided pursuant to Covenants and Restrictions in Liber ..... cp required by the Planning Board as a condition of approval of this subdivision. The Open Space Area may not be further subdivided pursuant to the Town Law Sections 265, 276 or 277 or Section 335 of thc Real Property Law. as they may be amended, or any other applicable state or local law. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of Grantee, provided that such subdivision does not defeat or derogate the purposes of this Easement. 3.04 Dumping Thc dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property is prohibited. 3.05 Signs Thc display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Propcrty and only for any of the following purposes: (a) to state thc name and/or address of the Property and thc names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's conservation easement. Signs shall not be more than six square feet in size, be non-illuminated and are subject to regulatory requirements of thc Town. 3.06 Soil and Water Any usc or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Wetlands and/or Stream Buffer The draining, filling, dredging, or diking of the wetland areas including any enlargements thereof or the cultivation or other disturbance of thc soil within 100 feet of the wetlands is prohibited except for those areas required to be disturbed for infrastructure improvements depicted on approved subdivision plans. 3.08 Ponds and Water Courses Thc alteration of the ponds and water courscs located on the Property or the creation of new water impoundments or water courses is prohibited. 3.9 Agricultural Activities Except as provided in Section 4.04 and 4.05 hereof, thc use of the property for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency, or commercial livestock operations involving swine, pouluy, mink, ratitcs, and other animals likely to produce highly offensive odors, shall be prohibited. 3.10 Utilitics Thc crcation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on thc Property is prohibited. Utilities on the Property must, to the extent possible, be constructed within 30 feel of the ccnterlinc of roads or driveways, and may be used solely to service the permitted structures. 3.11 Uses Except as permitted in Section 4.04 hcrcof the usc of the Property for any commercial commercial-recreational or industrial purpose is prohibited. 3.12 Drainage The use of the Property as a leaching or sewage disposal field is prohibited, except to service the permitted structures. Thc usc of the Property for a drainage basin or sump is prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3,13 Development Rights Thc use of the acreage of this Property for purposes of calculating lot yield on any other Property is prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rczoning of the Property) on the Property and the parties agree that such rights, except those required to carry out the permitted uses of and activities on the property, arc terminated and extinguished and may not be used or transferred to any other parcels.[ToS 10] ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of' ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have thc right to exclusive possession of the Property. 4.03 Usc Grantor shall have the right to usc thc Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Open Space Activities Rcsttictions on usc. Usc of open space shall bc limited to the following: 1) Conservation of open land in its natural state, including woodland, fallow field, or managed meadow. The cleating of woodland shall generally he prohibited, except as necessary to clear trails and active recreation facilities, remove invasive species, and to install subsurface sewage disposal systems. Fallow fields may bc returned to agricultural production without penalty. Thc determination of necessity shall lie with the Planning Board and the Land Preservation Dcpartmcnt. 2) Game preserve, wildlife sanctuaw, or other similar conservation use. 3) Woodlots, arboreta, and silviculture in keeping with established standards for selcctivc harvesting and sustained yield forostry. 4) Neighborhood open space uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board. 5) Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is Icss. Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting properties nor shall such facilities be equipped with lighting. Parking facilities for thc same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ] 0 parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency, but shall not include storage of materials, trucking or repair facilities, or private or municipal sanitary landfills. 6) Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for usc as an integral part of the open space area. i) Sanitary sewage disposal systems of either an individual or community nature may be located within or extend into required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide property owners with both the legal authority and thc responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-A of New York State Town Law. ii) Conservation of water. It is the requirement of the Planning Board to return storn~water to thc ground within subdivisions. This is to he done through thc use of natural recharge basins and/or leaching basins and/or lots specifically designated as drainage lots to be used for no other purpose. In addition, applicants shall be required to covenant that buildings and structures shall be equipped with leaders, gutters and dry wells to return stormwater runoffto the ground. 7) Easements for drainage, access, sewer or water lines, or other public purposes. 4.05 Structures and Improvements Grantor shall have thc right to erect and maintain thc following structures and improvements on the Property, subject to applicable lot coverage requirements in Chapter 100, zoning, of the Code. Allowable structures and improves include, but are not limited to the following: (i) Three (3) single-family residences and appurtenances, interior roadway, drainage structures, utilities, etc. (ii) Access drives, to provide acccss to the improvements pemfitted by this Section 4.05; and (iii) Underground facilities used to supply utilities, septic systems, leaching fields, and control stormwater runoff from the improvements permitted under the terms of this paragraph, and; (iv) Fences, if they are placed so that they do not block or detract from the scenic view of the Property. A. Replacement of Structures and Improvements In the event of damage resulting from casualty to an extent which renders repair of any existing structures or improvements impractical, erection of a replacement of comparable size, bulk, use, and general design to thc damaged improvement or structure shall be permitted within thc same location subject to the review and written approval of Grantee. B. Environmental Sensitivity During Construction The usc and location of any improvement permitted to be constructed hereunder shall he consistent with thc conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for constmction vehicles. 4.06 Notice Grantor shall notify Grantee, in writing, before exercising any reserved right with respect to the Property, pursuant to Section 4.04 and 4.05 if applicable which could adversely affect the scenic, open space, and natural resource values which are the subject of this Easement. This includes the construction of any permanent or temporary structures if provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to Grantee's approval. The request for approval shall describe the nature, scope, location, timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit Grantee to evaluate the proposal. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. Prior to the construction of those improvements or the exercise of the activities approved by Grantee in accordance with this Section 4.06 hereof, Grantor agrees to notify Grantee in writing of the intention to exercise such approval. The notice shah describe the nature, scope, location, timetable, and any other material aspect of the proposed construction or activity in sufficient detail to permit Grantee to monitor such construction or activity. If Grantee plans construction or activities that are permitted as a matter of right, it shall never the less prior to at least 10 days from beginning such construction or activity to Grantee under the requirements of this Section 4.07 written information evidencing the conformity of such construction or activity with the provisions of thc applicable Sections under which the right is reserved hereunder. 4.07 Alienability Grantor shall have thc right to convey, mortgage or lease alt of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including thc full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that thc interest thereby conveyed is subject to this Easement, without modification or amendment of thc terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and pagc of the recording hereof. Thc failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, Icvies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levics imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attomeys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenancc or condition of thc Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which arc considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attomeys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to pmpcrty arising from any activity on thc Property, except those due solely to the acts of thc Grantcc, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, cmployces, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of thc Property, for thc purpose of inspection to determine whether this Easemcnt and its purposes and provisions are being upheld. Grantee shall not have thc right to enter upon the Property for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Propcrty by thc public. 6.02 Restoration In thc event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Property to the condition existing prior lo the claimed violation and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantcc Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequatc. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in t,he event any breach, default or violation of any term, provision, covenant or obligation on Grantor s part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thcrcof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantcc shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause thc restoration of that portion of the Property affected by such breach, default or violation to thc condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not bc deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this casement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Lcgal Expenses") in conncction with any proceedings undcr this Section 6.03. 6.04 Notice All notices required by this Easement must be written. Notices shall bc delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall bc addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding betwcen its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified in accordance with thc common and statutory law of the State of New York applicable to thc termination and modification of easements and covenants running with the land, and according to applicable provisions of state law and by the mutual consent of thc parties. 7.03 Severability If any provision of this Easemcnt or thc application thereof to any person or circumstance is found to be invalid, the remainder of thc provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affcctcd thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as rccitcd herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall he addressed to its principal office, recited herein, marked for thc attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation ease~nents pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and perfom~ance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall bc construed in favor of one of thc parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, bc construed at all ti~ncs and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Eascmcnt grants, nor shall be interpreted to grant, to thc public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantcc shall record this Easement in thc land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles hcrcin have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Dccd of Open Space Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: SOUTHVIEW CUSTOM HOMES TWO INC. By: Don Ryan, President ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD(Grantee) BY: (Supervisor) STATE OF NEW YORK COUNTY OF SUFFOLK) SS: On this day of in the year 2007 before me, the undersigned, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (am) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on thc instrument, thc individual(s), or the person upon behalf of which thc individual(s) acted, executed the instrument. Notary Public For use outside New York State: State, District of Columbia, Territory, Possession, or Foreign Country ) SS: On the day of in the year 2004 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), that be his/hcr/thcir signature(s) on thc instrument, thc individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and thc state or country or other place the acknowledgment was taken.) Notary Public SCHEDULE A: EXHIB~ A: SCHEDULEB: Metes and Bounds Description of the Properly Final Subdivision Map of Metes and Bounds Description of Open Space Conservation Easement Area New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 1 t 790 3409 Phone: (631) 444-0368 FAX: (631) 444-0360 Website: www dec.state.ny.us Alexander B. Orannis Commissioner February 19, 2008 Southview Custom Builders Inc. 18 Lawn Ave. West lslip, N.Y. 11795 Re: Permit #l-4738-03590/00001 Dear Pe:Tnittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be: conspicuously posted at the project site and protected from the weather. Laura J. Scovazzo ~ / Deputy Permit Administrator LJS/dj Enclosure Facility DEC ID 1-4738-03590 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: SOUTHVIEW CUSTOM BUILDERS INC 18 LAWN AVE WEST ISLIP, NY 11795 (631 ) 669-0527 Facility: SOUTHVIEW CUSTOM BUILDERS PROPERTY S/S/O MAIN BAYVIEW RD S/O VICTORIA DR ISCTM#1000-87-5-21.4,21.7,21.9-21.13 SOUTHOLD, NY 11971 Facility Application Contact: NELSON POPE & VOORH1S LLC 572 WALT WHfFMAN RD MELVILLE, NY 11747 (631) 427-5665 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 717.11 NYTM-N: 4546.2 Latitude: 41°02'17.1" Longitude: 72°25'01.6'' Project Location: S. SIDE OF MAIN BAYVIEW RD S. OF VICTORIA DR WATERCOURSE: COREY CREEK Authorized Activity: Subdivide 13.35 acre parcel into a 10.18 acre conservation area/open space lot and three residential lots, ranging from 0.86 to 1.1 acres in size. Construct a single family dwelling, associated sanitary system, accessory structures and gravel common access driveways on each residential lot. Install a 5 foot wide gravel path in the 15 foot wide common easement in order to access Corey Creek. All work shall be done in accordance with the attached plans prepared by Nelson & Pope sheets I and 2 of 2 dated 1/18/06 revised 4/14/06 and stamped I'P/'SDEC approved on 2/15/08. The parcel is more than 100 feet from any state regulated Freshwater wetlands and therefore no permit is required from the Freshwater wetlands Act. (Article 24). Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03590/00001 New Permit Effective Date: 2/19/2008 Expiration Date: 2/28/2013 Page I of 6 NEW YORK STATE DEPARTM~OF ENVIRONMENTAL CONSERVATIC~ Facility DEC ID 1-4738-03590 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Authorized Signature: Permit Administrator: LAURA J SCOVAZZO, Deputy Regional Permit Administrator Address: NYSDEC REGION 1 HEADQUARTERS SUNY ~, STONY BROOKIS0 CIRCLE RD STONY B~C)OK, NY 11790 -3409 Dis~ation List~/ NELSON POPE & VOORHIS LLC Marine Habitat Protection LAURA J SCOVAZZO Permit Components J NATURAL RESOURCE PE1LMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result fi.om future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue fi.om any such damage. 2. Notice of Conunencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-m/xed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be: poured to displace water within the forms. Page 2 of 6 CONSERVAT ~ NEW YORK STATE DEPARTMt[~ OF ENVIRONMENTAL Facility DEC ID 1-4738-03590 4. NO Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall bc completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in xvetlands and/or protected buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands qtmre shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Storage of Equipment, Materials Thc storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 7. Clean Fill Only All fill shall consist of clean sand, gravel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 8. Department Jurisdiction The department retains jurisdiction of all regulated lands where fill has been permitted. Placement of fill shall not be used to alter the department's Tidal Wetland jurisdictional area at the project site. The area remains a regulated area subject to Tidal Wetland Land Use restrictions of 6 NYCRR Part 661. 9. Install, Maintain Erosion Controls Necessary erosion control measures, i.e., straw bales, silt fencing, etc., are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 10. Runoff Directed to Upland DryweIIs Roof runoff shall be directed to drywells a minimum of 100 linear feet landward of the tidal wetland boundary for irnmediate on-site recharge. 11. Driveway/Parking Area of Pervious Material Driveway and parking areas shall be constructed of NYSDEC-approved pervious materials. lZ. Direct Runoff Away from Tidal Wetland and Buffer Roads, driveways, and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. 13. Stormwater Treatment System The stonnwater treatment system must be inspected twice yearly at 6 month intervals and cleaned at least once per year before June 1st, or as per manufacturers specifications. The permittee shall keep a written maintenance log of all inspections and service and shall submit a copy of each annual log by December 31 of each calendar year to Marine Habitat Protection NYSDEC REGION I HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 Attn: Compliance 14. Tidal Wetland Covenant The permittee shall incorporate the attached Covenant (for Lots 1,2 and 3) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to Marine Habitat Protection Al:tn: Compliance Page 3 of 6 ENVIRONMENTAL CONSERVATI ~ NEW YORK. STATE DEPARTME~ OF Facility DEC ID 1-4738-03590 15. Sanitary Systems above Groundwater Sanitary system (bottom of tank and leaching pools) shall be located a minimum of 2 feet above seasonal high groundwater. 16. No Easement for Structures This pem~it does not authorize the granting ofe&sements for the construction of water access structures, ~nooring facilities, or other structures_ 17. Drywells and Catch Basins All drywells and catch basins shall be located a minimum of two feet above seasonal high groundwater. 18. Restrictive Covenant The pem~it holder shall incorporate a Restrictive Covenant ( or similar language) to the deed for the open space/conservation area parcel identified on the NYSDEC approved plan and file it with the clerk of Suffolk County within 30 days of the effective date of this permit. This covenant shall state that no structures shall be constructed on this parcel other than the five foot wide pervious walk and the area shall remain in its natural state. This covenant shall run with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall he submitted within 45 days and prior to commencement of any regulated activity at the site to NYSDEC, MmSne Habitat Protection, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, N.Y. 11790-3409. 19. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Nelson & Pope sheets 1 and 2 of 2 dated 1/18/06 revised 4/14/06. 2o. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation 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 hazm-ds 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 completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Enviromnental Conservation may require, remove all or any portion of the uncotnpleted structure or fill and restore to its former condition the navigable 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. 21. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 22. State May Require Site Restoration If upon the expiration or revocation of this permit, the project 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 Department of Environmental Conservation may require, remove all or any portion 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. Page 4 of 6 NEW YORK STATE DEPARTM~I~ OF ENVIRONMENTAL CONSERVATI~I~ Facility DEC ID 1-4738-03590 GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 030t mad SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area wheu requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submissibn of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. SubmisSion of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to inodify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any Page 5 of 6 Facility DEC ID 1-4738-03590 provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTIIER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") fbr all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with thc pennittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and ar/sing under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Per,nit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtain/rig Other ReqUired Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights q~his .permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian hghts of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held Or vested in a person not a party to the permit. Page 6 of 6 ~NOTICE COVENANT TO THE DECLARATION · THIS DECLARATION, dated day of ,200 , is made by (hereinafter the "Declarant"), whose address is WITNESSETH WHEREAS, the Ddclarant is the owner of certain real property located in the Town of County of , State of New York, Tax Map # District __ , Section __, Block Lot(s) which real property is more particularly described in Exhibit A annexed hereto ~hereinafter referred to as the "Property"); and WHEREAS, the Property is situated in or adjacent to regulated tidal wetlands which have been iaventoried and mapped by the New York State Deparm~ent of Environmental Conservation (hereinafter "Department"), pursuant to Environmental Conservation Law (hereinafter "ECL") Article 25 (also known as ~he "Tidal Wetlands Act") and Part 661 of Title 6 of the New York Code of Rules and Regulations (hereinafter "6 NYCRR"); and WHEREAS, various activities conducted both in and adjacent to tidal wetlands are regulated by the Department pursuant to ECL Article 25 and Part 661 of 6 NYCRR and require written authorization fi.om the Department prior to being conducted; NOW, THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the responsibility 0fa party having any fight, title, or interest in the Property, to obtain fi.om the Department or ~ny successor organization, a current description of all activities which are regulated pursuant to ECL Article 25 and Part 661 of 6 NYCRR, and to obtain written authorization fi'om the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; dredging; erection of ~Lrllvtures; construction or reconstruction of shoreline erosion structures; and construction and r~90nstrucfion of docks and bulkheads. ~-~TE OF NEW YORK ) ' ) SS. : COUNTY OF ) ~ . On the_. day of in the year 200 , before me, the undersigned, a Notary Public ¢.and for said state, personally appeared , personally known to me or proved to ~e. on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument &d.:. acknowledged to me that he executed the same in his capacity, and that by his signature on the ~, ~s~mment, the person or entity upon behalf of which the person acted, executed the instrument. : NOTARY PUBLIC ( ~ETURN THIS FORM TO: 'ERMIT NUMBER: ROJECT LOCATION/ADDRESS: ONTRACTOR NAME: N(~,TJCE OF COMMENCEMENT OF CONSTRUCTI."~,' COMPLIAN~ OR FAX TO: 631-44~-0297 Marine Habitat Protection N¥SDEC 50 Circle Road - SUNY Stony Brook, NY 11790-3409 ISSUED TO: ADDRESS: TELEPHONE: ear Sir: Jrsuant to General Condition # 9 of the referenced permit, you are hereby notified that the authorized actJvily shall commence on . We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all rmit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the ~proved plans. We can do so in full compliance with all plan notes and permit conditions The permit sign, permit and approved plans will available at the site for inspection in accordance with general Condition No. 1. otb signatures required) PERMITEE DATE CONTRACTOR DATE tis NOTICE MUST BE SENT TO THE ABOVE ADDRESS A T LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND 9 ANYASSOCIATED REGULATED ACTIWTIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE :RMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MAY SUBJECT THE RMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT )NDITIONS t aloha this line ~-< ~< NOT CE OF COMPLETION OF CONSTRUC:I:i~'~ ..................................................................... TURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-444-0297 Marine Habitat Protection NYSDEC 50 Circle Road - SUNY Stony Brook, NY 11790~3409 RMIT NUMBER: ')JECT LOCATION/ADDRESS: ISSUED TO: NTRACTOR NAME: ADDRESS: TELEPHONE: r Sir: ;uant to Genera/Condition # 9 of the referenced permit, you are hereby notiged that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE ~ NO T/CE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY AS APPROPRIATE, MUST BE ,'T TO THE ABOVE ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT. ' New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Permit Number/'"'- Expiration Date Regional Permit Administrator ROGER EVANS NOTE: This notice is NOT a permit March 11, 2008 NELSON & POPE Mr. Donald C. Ryan, Jr. Southview Custom Homes Two, Inc. 18 Lawn Avenue West Islip, NY 11795 Re: SOUTHVIEW PRESERVE HOMEOWNERS ASSOCIATION, INC. CPS-7 Application Dear Donald: In furtherance to my letter to you of October 3, 2007, enclosed please find a copy of the acceptance letter from the Department of Law for the subject project, which was finally faxed to me today. As I previously advised, please insert the attached acceptance letter as page 2 to the package given to prospective purchasers. Please also forward a copy of the acceptance letter to all previous purchasers. Please keep in mind that prior to the closing of title to the first Home, the Declaration of Covenants and Restrictions and By-Laws of the Homeowners Association and the Deed of the Common Area to the Association must be recorded in the Suffolk County Clerk's Office. Please advise me ahead of time so that I may prepare the documents in recordable form. If you have any questions, please feel free to call me. Sincer~y, cb Enclosure 1974899 1 CER'IILMAN 1½ALIN ADLER ~e~ HUqAN, LLP 212 416 d, SqS F'.OI, Oi ha Adler. Es;q Ccrtilmam Balm, Adler& t-;ymau. LLP 90 Men'ick A~ enue East Meado,,,., Ne,,',, York 117% Re: Soudwiww Preserve HCA Southhold, Suffolk CToum), N~w York File No. HO 07-0088 Januat7 2'L 2008 Dear Mr. Adler: '1 he Deparlment of 1.aw is in receipt of your application for CPS-7 treatment dated OC[Obel'a, ') ~2(. 02, fDr_ the. abc, ye-captioned holneownet"s association. Based upon the affidavit and supporting documentalion submitted by you in cotmcctmn wilh the application, such (;PS 7 treatment is .gTantcd as of our date of receipt of October 3, 2007. Accordingly, no enlbrcemem action will be taken against you lbr failure to file an offenng plan m compliance with General Business Law Sec/ion 352-¢. provided that you are in fldl compliance ~vitb your ~¢presentations made in the CPS 7 application. The granhng of CPS-7 t~eatment is on such terms and conditions as the Department of Law may impose, in/ts discretion, in order to protec! thc public interest It is based solely on the in fol'InalLiotl prox ided in the application. Any lnate]ia! misstatement or omissmn of a that's:rial fact m the application may render the CPS-7 treatmem void ab initio and may subject you to cn forccmelll actiotl. The granting of this CPS-7 treatment shall not be construed to be a waiver of, or ]mutation ca, the Attorney General's authority to take enforcement action for violations of Article 2%A of the General Business Law and other applicable provisions of law. 120 Broadway Now York. Ny. 102710332. Phone (212) 416-O171e Fax {212) 416 8179 . Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 2. 3. 4. 5. 6. 7. 8. 9. 11. 12. 13. Name of Subdivision Suffolk County Tax Map # Hamlet Street Location Zoning District Date of Submission Sketch Ploaa Approval Date Preliminary Approval Date Number of Lots Proposed Acreage of Open Space/Rescued Area Affordable Housing Units Proposed Percentage o£ Affordable Housing Southview Estates 1000-087-05-Lots 21.7, 21.9, 21.10, 21.11, 21.12, 21.13 Southold S/s Main Bayview Road, East of Cedar Drive AC Residence 2/21/07 resubmitted 5/17/2011 12/13/2005 1/18/2006 3 MAY 2 0 201] 11.52 acres/79,2% of subject property 0 0 If providing less than 25% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section Al06-11 (B) of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not, please explain the differences. Yes ! 5. Application prepared by [ ] owner ~ agent [ ] other SignatureofPreparer ~A ~ ~ Date 5/17/2011 Paul M. Racz, PLS PLANNING BOARD MEMBERS JERILYlq B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D, SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD '. MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Application for Prelimin r~Aat..Ap~ . APPLICATION IS HEREBY MADE ~Ihe~.Tq~vr~ of S~uthold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision 6. 7. 8. Suffolk County Tax Map # Hamlet Street Address / Project Location Zoning District Date of Submission Sketch Plan Approval Date Acreage of Site - l_ms 91.7,9.1,%~/. 9. Parcel Yield 10. Number of Lots Proposed ~ a. Number of Affordable Lots Required: ~ b. Number of Affordable Lots Proposed: (~ c. Alternative Method/Payment Proposed to Satisfy ~ffordable Housing Requirement: M/}O 11. Acreage ofOpen Space II, 5~' r~¢r~.5 12. 13. 14. 15. 16. 17. 18. Percentage of Open Space Range of Lot Sizes Average Lot Size Private or Public Streets Length of Road(s) Acreage of Road(s) ct, g °/o Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies? Please list other applications which are currently pending involving this project. If possible, please provide application reference numbers. 20. Application completed by [ ] owner g~"~gent [ ] other Signature of Preparer Date~ (631) 427-5665 FAX (631) 427-$620 [ ?,LSON & POPE ENGINEERS AND SURVEYORS 572 Walt Whitman Road Melville, NY 11747 TO: Mr. Anthony Trezza Town of Southold P.O. Box 1179 Southold, NY 11971 Date: 9-Nov-07 Re: Southview Preserve Reft N&P Job # 02001 Attn: ILD. Reft We are sending you ~ Under separate cover X Herewith Pick Up ~ X By Messenger (fed-ex) For Your Review & Comment Approval As requested X For your use Bid Submission Quantity I Drawing Title I Sheet No. [Rev. No. 1 Open Space Conservtion Easement Sincerely, NELSON & POPE David Zere OPEN SPACE CONSERVATION EASEMENT THISS OPEN SPACE CONSERVATION EASEMENT is made on the of 2007 at Southold, New York. The Parties are SOUTHVIEW CUSTOM HOMES TWO 1NC. residing at 18 Lawn Avenue, West [slip, New York 11795 (herein called "Grantor"), and the TOWN OF SOUTHOLD), a municipal corporation, having a principal office at 53095 Main Road, PO Box 1179, Southold, NY 11971 (herein called "Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as SCTM# 1000-87-05-21.4, 21.7, 21.8,21.9, 21.10 and 21 .I 1 and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of "Southview Preserve" prepared by Nelson & P. ope, last dated ~?g~l. 16. '~t~rl ? ,, which map is to be tiled in the Suffolk County Clerk s office simultaneously hefewi-~; and Whereas, Section 240-42H of the Subdivision Code of the Town of Southold requires that Standard Clustered Subdivisions are required to preserve a minimum of 60% of the buildable lands under subdivision in perpetuity; and Whereas, General Municipal Law Section 247 provides for the acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real properly, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, as a condition of approval of this standard subdivision plat and in order to further the Town s goals of permanent preservation,,the Planning Board has required this Open Space Conservation Easement be placed over a~-acre portion of the subject property described in Schedule A, attached hereto and mfide a 1/art hereof, shown of the aforementioned Subdivision Map as the "Open Space Conservation Easement Area" and herein after referred to as the "Property;" and Whereas, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office simultaneously with the filing of this subdivision map; and [ToS 1 ] NOW THEREFORE, in consideration of One Dollar ($1.00) and other good and valuable consideration paid to Grantor, the receipt of which is hereby acknowledged, Grantor hereby grants, transfers and conveys to Grantee, an Open Space Conservation Easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Properly, more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the fight to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the Laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee tide or lesser interests in land, including development rights, easements, covenants, and other contractual fights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the scenic and natural resource values of the Open Space Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its scenic, open space and natural resource qualities, by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Documentation Do you want to do baselines for these properties, surveys of just the property under casement or use the Grantor's Subdivision Map for a baseline for monitoring purposes? You probably need to refer to some type of documentation in this easement to ensure complianee. [ToS2] 0.06 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, fights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall mn with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any fights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Property; except as otherwise specifically permitted by the provisions hereof 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Property except as permitted by Section 4.05 hereof and by the Southold Town Planning Board and by other applicable provisions of the Town Code[ToS3]. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management. 3.03 Subdivision The Open Space Area may not be furthcr subdivided pursuant to Covenants and Restrictions in Liber cp required by the Planning Board as a condition of approval of this subdivision. The Open Space Area may not be further subdivided pursuant to the Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable state or local law. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of Grantee, provided that such subdivision does not defeat or derogate the purposes of this Easement. [ToS4]or There shall be no further subdivision, division or partitioning of the Property. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property is prohibited. 3.05 Signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name and/or address of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's conservation easement. Signs shall not be mom than six square feet in size, be non-illuminated and are subject to regulatory requirements of the Town.[ToS5} 3.07 Soil and Water Any use or activity that causcs or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters is prohibited. 3.08 Wetlands and/or Stream Buffer The draining, filling, dredging, or diking of the wetland areas including any enlargements thereof or the cultivation or other disturbance of the soil within feet of the wetlands is prohibited.[To56] 3.09 Ponds and Water Courses The alteration of the ponds and water courses located on the Property or the creation of new water impoundments or water courses is prohibited. 3.10 Agricultural Activities Except as provided in Section 4.04 and 4.05 hereof, the use of the property for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency, or commemial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors, shall be prohibited. [ToS7] 3.11 Utilities The creation or placement of overhead utility U'ansmission lines, utility poles, wires, pipes, wells or drainage and septic systems on thc Property is prohibited. Utilities on the Property must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures. 3.12 Uses Except as permitted in Section 4.04 hereof the use of the Property for any commercial, commercial-recreational or industrial purpose is prohibited. [ToS8] 3.13 Drainage The use of the Property as a leaching or sewage disposal field is prohibited, except to service the permitted structures. The use of the Property for a drainage basin or sump is prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property[ToS9J. 3,14 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property is prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property and the parties agree that such rights, except those required to carry out the permitted uses of and activities on the property, are terminated and extinguished and may not be used or transferred to any other parcels.[ToS I 0] ARTICLEFOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of' ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Open Space Activities Restrictions on usc. Use of open space shall be limited to the following: I) Conservation of open land in its natural state, including woodland, fallow field, or managed meadow. The clearing of woodland shall generally he prohibited, except as necessary to clear trails and active recreation facilities, remove invasive species, and to install subsurface sewage disposal systems. Fallow fields may be returned to agricultural production without penalty. The determination of necessity shall lie with the Planning Board and the Land Preservation Department. 2) Game preserve, wildlife sanctuary, or other similar conservation use. 3) Woodlots, arboreta, and silviculture in keeping with established standards for selectivc harvesting and sustained yield forestry. 4) Neighborhood open space uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board. 5) Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting properties nor shall such facilities be equipped with lighting. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency, but shall not include storage of materials, tracking or repair facilities, or private or municipal sanitary landfills. 6) Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area. i) Sanitary sewage disposal systems of either an individual or community nature may be located within or extend into required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide property owners with both the legal authority and the responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-A of New York State Town Law. ii) Conservation of water. It is the requirement of the Planning Board to remm stormwater to the ground within subdivisions. This is to he done through the use of natural recharge basins and/or leaching basins and/or lots specifically designated as drainage lots to be used for no other purpose. In addition, applicants shall be required to covenant that buildings and structures shall be equipped with leaders, gutters and dry wells to return stormwater runoffto the ground. 7) Easements for drainage, access, sewer or water lines, or other public purposes. 4.05 Structures and Improvements?os~ ~1 Grantor shall have the right to erect and maintain thc following structures and improvements on the Property as are necessary for the agricultural uses of thc Property, subject to applicable lot coverage requirements in Chapter 100, zoning, of the Code. Allowable structures and improves include, but are not limited to the following: (i) NEED 1NFO (ii) Access drives, to provide access to the improvements permitted by this Section 4.05; and (iii) Underground facilities used to supply utilities, septic systems, leaching fields, and control stormwater runoff from the improvements permitted under the terms of this paragraph, and; (iv) Fences, if they are placed so that they do not block or detract from the scenic view of the Pmperty. (v) Agricultural structures that are necessary, incidental and acessory to the agricultural uses of the Property as defined in Section 106-49D of the Southold Town Code. A. Replacement of Structures and Improvements In the event of damage resulting from casualty to an extent which renders repair of any existing structures or improvements impractical, erection of a replacement of comparable size, bulk, use, and general design to the damaged improvement or structure shall be permitted within the same location subject to the review and written approval of Grantee. B. Environmental Sensitivity During Construction The use and location of any improvement permitted to be constructed hereunder shall he consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for constmction vehicles. 4.06 Notice Grantor shall notify Grantee, in writing, before exemising any reserved right with respect to the Property, pursuant to Section 4.04 and 4.05 which could adversely affect the scenic, open space, and natural resource values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to Grantee's approval. The request for approval shall describe the nature, scope, location, timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit Grantee to evaluate the proposal. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. Prior to the construction of those improvements or the exercise of the activities approved by Grantee in accordance with this Section 4.07 hereof, Grantor agrees to notify Grantee in writing of the intention to exercise such approval. The notice shall describe the nature, scope, location, timetable, and any other material aspect of the proposed construction or activity in sufficient detail to permit Grantee to monitor such construction or activity. If Grantee plans construction or activities that are permitted as a matter of right, it shall never the less prior to at least 10 days from beginning such construction or activity to Grantee under the requirements of this Section 4.07 written information evidencing the conformity of such construction or activity with the provisions of the applicable Sections under which the right is reserved hereunder. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance[ToSl2]. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereofi The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. AS SET FORTH in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitation imposed upon the alienation of development rights acquired by the Town prior to any such amendment.[ToSl3] ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attomeys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Property by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Property to the condition existing prior to the claimed violation and to enfome this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other fights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.08 Extinguishment/Condemnation How do you want to handle these issues? Since the Town is not purchasing and the Grantor is not taking a charitable deduction for the easement, do we leave this up to state law? Does the Town need to be monetarily compensated should the Easement be extinguished? What about condemnation? Do we expand on any rights the Town and Grantor may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain.[ToS 1 4] ARTICLE SEVEN MISCELLa~NEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants mrming with the land, and according to applicable provisions of state law and by the mutual consent of the parties. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, tatum receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall he addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The wan'anties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its constmctiun. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: SOUTHVIEW CUSTOM HOMES TWO INC. By: Don Ryan, President ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD(Grantee) BY: (Supervisor) STATE OF NEW YORK COUNTY OF SUFFOLK) SS: On this day of in the year 2007 before me, the undersigned, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public For use outside New York State: State, District of Columbia, Territory, Possession, or Foreign Country ~ ) SS: On the day of in the year 2004 before me, the undersigned, personally appeared , personally known to mc or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that be his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.) SCHEDULE A: Metes and Bounds Description of the Property EXHIBIT A: Final Subdivision Map of SUGGESTED DESCRIPTION OF OPEN SPACE/CONSERVATION AREA AS SHOWN ON THE "FINAL SUBDIVISION PLAN FOR THE SOUTHVIEW PRESERVE", SITUATED AT SOUTHOLD, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE OF NEW YORK. SCTM:DIST. 1000-SECT. 087-BLK. 05-P/O LOTS 21.4, 21.7, 21.8, 21.9, 21.10, 21.11 BEGINNING at a point on the southerly side of Main Bayview Road, said point is described as being N 75° 59' 30" W, 242.72 feet from the intersection of the northerly side of Main Bayview Road with the westerly side of Victoria Drive; I8 19 20 21 22 23 RUNNING THENCE the following thirty-five (35) courses: S 64° 07' 00"E, 9.67 feet; 2 S 60° 02' 40" E, 396.42 feet; 3 S 29° 57' 20" W, 19.44 feet; 4 Southerly along the arc of a curve bearing to the right, having a radius of 187.50 feet and a length of 66.35 feet; 5 S 500 13' 53" W, 5.87 feet; 6 N 58° 58' 24" W, 28.85 feet; 7 S 86° 37' 35" W, 291.33 feet; 8 S 49° 00' 00" W, 222.44 feet; 9 S 41° 00' 00" E, 128.34 feet; 10 N 49° 00' 00" E, 60.00 feet; 11 S 41° 00' 00" E, 128.33 feet; 12 N 49° 00' 00" E, 60.00 feet; 13 S 41° 00' 00" E, 128.33 feet; I4 N 49° 00' 00"E, 243.91 feet; 15 N 06° 00' 22" E, 164.24 feet; 16 N 58° 58' 24" W, 44.71 feet; 17 Northerly along the arc of a curve bearing to the left, having a radius of 212.50 feet and a length of 72.37 feet; N 29° 57' 20" E, 19.44 feet; S 60° 02' 40" E, 215.30 feet; S 29° 57' 20" W, 300.00 feet; S35° 10' 10"W, 915.06 feet; N 74° 59' 00" W, 112.66 feet; N 12o08, 10"E, 151.62 feet; November 6, 2007 Page 1 of 2 Job No. 02001 a 24 25 26 27 28 29 30 31 32 33 34 35 N 16° 29' 30" W, 290.46 feet; N 42° 53' 10" W, 293.37 feet; N 22° 11' 40" W, 144.57 feet; N 18° 56' 30" E, 81.64 feet; S 64° 47' 00" E, 21.00 feet; S 04° 00' 00" E, 70.00 feet; N 86° 00° 00" E, 80.00 feet; N 58° 30' 30" E, 70.00 feet; N 77° 44' 00" E, 107.92 feet; S 83° 42' 00" E, 62.59 feet; N 49° 00' 00" E, 114.86 feet; N 10° 00' 00" E, 230.00 feet to the POINT or PLACE of BEGINNING. Containing within said bounds: 11.52 acres November 6, 2007 Page 2 of 2 Job No. 0200la 572 Walt WIit*~ ~oad Melville, NY 11747 TO: M~. Anthony Trezza Town of Southold P.O. Box 1179 Southold, NY 11971 Date: 18-Apr-06 Re: Southview Preserve Ref: N&P Job # 02001 H.D. Reft Under scp~trute cover We are sending you X Herewith ~ X By Messenger Pick Up i fed-ex} For Your Review & Comment Approval As requested X For your use Bid Submission 5 Revised Final Maps &Engineedng ~a~gs Remarks: As per our discussion in re to Town Trustees. Please advise if you need addt~ info. Working on easement and H0A Issues with attorneys. Hope allis well Thank you. Sincerely, cc: NELSON & POPE ~:. David Zere Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/15/07 * * * RECEIPT * * * Receipt-8: 4292 Transaction(s): 1 1 Application Fees Reference Subtotal 87-5-21. $500.00 Check#:4294 Total Paid: $500.00 Name: Southview, Preserve Sub Cio Donald & Carmela Ryan 187 Lawn Ave West Islip, NY 11795-3020 LINDAC '~,rk ID: Internal ID: 87-5-21.7 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Elizabeth Neville, Town Clerk From: Planning Department Date: March 14, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tax Map Amount Date of ~ Check A. biPietro subdiv. 74-3-16 $Z,500 app 2/25/07 Latham subdiv. 19-1-7.5 $850 app 3/7/07 5outhview Pcesecve subd 87-5-z1.7 $500 app 2/7/07 LR encs. SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 Jerilyn B. Woodhouse Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Dear Mrs. Woodhouse: Tel. (631) - 765 - 1560 JAMIE.RICHTER~TOWN.SOUTHOLD.N y.U S JAMES A. RICHTER, R.A. · ENGINEER TOWN OF SOUTHOLD, NEW YORK [ 1~71 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD March 8, 2007 Re: Southview Preserve Subdivision Main Bayview Road, Southold, New York SCTM #: 1000-87-05-21.7, 21.9, 21.10, 21.11,21.12 & 21.13 As per a request from your office, I have reviewed the submitted revisions for this Subdivision Plan which included a letter in response to my 12/18/06 report. These site plan drawings and wdtten response were prepared by the office of Nelson & Pope and have been dated 12/13/06. With the exception of the subsequent comments contained herein, all of the items listed in my last report have been addressed in a satisfactory manner. Please consider the following: Plan notes have been provided on the Final Subdivision Plan for the SOUTHVIEW PRESERVE. NOTE #1 - indicates a 50' Right of Way along the easterly property line. Whose R.O.W. is it and will this R.O.W. be eliminated? NOTE #4 - appears to reference a boundary along the westerly portion of the site. Is this action creating a land locked parcel? This Note is perplexing and should be clarified. The Flood Zone Line CAE" Elevation 8) has been indicated. As I understand FEMA regulations, this line should follow the actual eight foot contours found at the site. This would only require minor modification but it should be coordinated with the Building Department to ensure compliance with FEMA regulations for all proposed building construction. The Camper / TraiJer and a Metal Greenhouse Frame located on the southwesterly corner of the site has been noted "TQ BE REMOVED". The radius of the proposed Cull-de-Sac has been indicated as 32.5'. The written response to my original review comments indicates that because it will be a privately owned road the homeowners will be responsible for providing adequate room for emergency vehicles to maneuver. As per Town Code, Section 240--45.5(c), I would still recommend that this Cull-de-Sac have a minimum outside radius of forty four (44') feet. Property descriptions should be adjusted accordingly. The width and location of the "PROPOSED EASEMENT FOR COMMON ACCESS TO COREY CREEK" should be approved by the Town Trustees prior to and/or be a condition of Planning Board Approval. If you have any questions regarding this Subdivision review, please contact my office. cc; Peter Harris, Superintendent of Highways Michael Verity, Principal Building Inspector Southold Town Trustees /~mes A. Richt~,~. (631) 427-.r~ FAX (631) 427-~620 I LSON & POPE ENGINEERS AND SURVEYORS Melville., NY 11747 Attn: Mr. Anthony Trezza Town of Southold Department of Planning 54375 Main Road P.O. BOX 1179 Southold, NY 11971 Date: 21 -Feb-07 Re: Southview Preserve Ref: N&P Job # 02001 H.D. Ref: ~ Under separate cover We are sending you X Herewith ~ X By Messenger Pick Up (fed-ex) Review & Comment For Your Approval As requested X For yonr use Bid Submission Quantity [ Drawing Title I Sheet no. I v. no. I Cover Letter addressing engineering comments fi.om 12/18/2007 1 Completed Final Application ~ '-' ~ 1 Final Application Fee in the amour~,xof$500r ~.~ ~ 12 Final Maps · 5 Set of revised engineering drawings '~- · . '",~.~.,....--~-,~.~.~,,.,~;~ Remarks: Contact David Zere ~ (631) 427-5665 if there is any further informati~ required. Thank you. Sincerely, NELSON & POPE cc: By: David Zere 2. 3. 4. 5. 6. 7. 8. 9. 10. Il. 12. 13. Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Plmming Board for FINAL PLAT APPROVAL for the subdivision described herein. Name of Subdivision Southview Preserve 1000-087-05-1ots 21.7, Suffolk County Tax Map # Hamlet Southold 21.9, 21.10, 21.11,21.12, 21.13 Street Location Zoning District Date of Submission Sketch Plan Approval Date S/S Main BaYv~w AC Residence 2/21/07 12/13/2005 Preliminary Approval Date 1/18/2006 Number of Lots Proposed 3 Acreage of Open Space/Reserved Pa'ea 11.52 acres/79.2% of subject property Affordable Housing Units Proposed Percentage of Affordable Housing If providing less than 25% Moderate Income Family Dwelling Units (M[FDU), please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section Al06-11 (B) of the Town Code. n/a 14. Does tbe Final Plat confonn substantially to the approved Preliminary Plat? If not, please explain the differences. 15. Application prepared by [ ] owner Nelson & Pope ENgineers agent [ ]otber Syrveyors, LLP NELSON & POPE VICTOR BERT PE · ARTHUR J KOERBER. RE · JOSEPH R EPIFANIA. RE ROBERT G NELSON JR, BE. · PAUL M. RACZ, RLS · THOMAS F LEMGO, PE. GARY S OECKER, RE. · GREGORY O PETE~MAN, RL S · ERIC J McFERRAN, PE January 31, 2007 Mr. Anthony Trezza Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Southview Preserve, Main Bayview Road, Southold, SCTM#: DIST 1000 SEC 087 BLK 05 LOTS 21.13 Dear Mr. Trezza: Enclosed please find completed final application, twelve (12) sets of final maps and revised engineering drawings for your review. We respectfully request a waiver of the requirement for the final public hearing, as there was no public comment at preliminary hearing and the final mapping conforms to that which was granted upon preliminary subdivision approval. Furthermore, in response to letter dated December 18, 2007, from the Town of Southold Office of the Engineer, please find below a response that correlates to numbered items on said correspondence: ~ '2. 3. 4. 5. 6. 7. 8. 9. 10. Developer will obtain coverage under the General Permit for Storm-Water Runoff from Construction Activity (GP-02-01) prior to the initiation of construction activities. Suffolk County Tax Map Numbers have been adjusted to reflect current numbers with the Town Assessor's Office. Final mapping enclosed Developer will use Clean, Natural Occurring Soil" taken from and approved upland borrow site when achieving final grades on site. 100' setback line from wetland areas has been modified to be more distinctive and easily recognized. Additional leaching pool has been added to plan. Detail has been amended to demonstrate two (2') feet between the bottom of the pool and the seasonal high water table elevation. Test holes have been added. Flood Zone Line added to map. An Erosion Control Plan will be prepared in accordance with the methods and specifications contained in the NYSDEC Division of Water NYS Standards and 11. 12. 13. 14. 15. 16. 17. 18. Page Two Southview Preserve - 1/31/07 Specifications for Erosion and Sediment Control. The Erosion Control Plan will include erosion controls around the limits of site disturbance and will be installed prior to the commencement of site construction/land disturbance activities. There are no apparent structures currently on site. Final mapping enclosed The interior roadway will be privately owned and maintained and will provide the ability for emergency and delivery vehicles to maneuver. The existing man-made dirt dike along the southerly property line appears to function as a barrier to the tidal flooding from Corey Creek. The 1' diameter corrugated metal pipe has historically existed on the site, and appears to provide a hydrologic surface connection between Corey Creek and the Phragmites-dominated marsh in the southeast portion of the property. Disturbance of the wetland area to remove this pipe does not appear warranted; however, the applicant will review this matter with the Town Trustees during their review of the application. Proposed easement to be approved by Town Trustees. Applicant will comply with Planning Board request although no such requirement was included in preliminary approval or review. No such requirements have been requested at this time. Private road to be installed. Very truly yours, NELSON & POPE ENGINEERS & SURVEYORS, LLP David Zere Project Manager Enclosures ' PLANNING BOARD MEMBE~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 FACSIMILE To: Paul Racz, L.S. 631-427-5620 From: Anthony Trezza, Sr. Planner Date: January 9, 2007 Re: Standard Subdivision of Southview Estates 1000-87-5-21.4, 21.7, 21.10-21.13 Attached please find one (1) copy of the Town Engineer's report for the above- referenced subdivision application. The Planning Board reviewed and accepted the report at their work session on January 8, 2007. Please revise the road and drainage plan accordingly or provide additional information as needed. Please call if you have any questions. SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 Jerilyn B. Woodhouse Chairperson - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOID, NEW YORK 11971 Tel. (631) -,~65~:~1 $60'" JAM IE.RI~,H. ~[~T~ ~i SOUTH OLD .NY,L~ OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Re: Southview Preserve Subdivision Main Bayview Road, Southold, New York SCTM #: 1000-87-05-21.7, 21.9, 21.10, 21.11, 21.12 & 21.13 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the Subdivision plan for the above referenced project. This proposed Map was prepared by the office of Nelson & Pope and has been dated 01/18/06. Please consider the following: 1. Please note that the proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity (GP-02-01) prior to the initiation of construction activities. 2. The Suffolk county Tax Map Numbers referenced on the plan have changed. The Engineer should verify all current numbers with the Town Assessors Office and update the plan accordingly. 3. The plan has made reference to other notes, (SEE NOTE #3, SEE NOTE #4, etc.). Where are they? 4. This proposed project will require the import of a tremendous amount of Fill to achieve the final grades as shown on the Site Plan. Due to the close proximity of wetland areas it is recommended that all proposed Fill be "Clean", "Natural Occurring Soil" taken from an approved upland borrow site. Recycled or Dredged materials should not be considered suitable or acceptable at this location. 5. The plan has indicated a 100' Setback line from the wetland areas. It has been drawn with a dashed line that appears with the same line type and line weight of the site contours. This line should be distinctive and easily viewed when looking at the plan. 6. Drainage calculations have been provided and are considered satisfactory. The proposed drainage design indicated that Nine (9) each - 12' diameter x 3' deep Leaching pools will be required. The preliminary map only indicates eight (8). (LP "A" through LP "H") One additional pool should be added to the plan. 7. The Leaching Pool Detail, (sheet 2 of 2), indicates that ground waterwill be encountered at the bottom of the proposed leaching pools. This detail should be amended to indicate that there will be a minimum separation of two (2') feet between the bottom of pool and the seasonal high water table elevation. 8. Test Holes have not been shown or indicated. Test Hole data from a location adjacent to the proposed drainage pools should be provided. Page 1 of 2 Jerilyn B. Woodhouse, Chairperson - Planning Board Re: Southview Preserve Subdivision SCTM #: 1000-87-05-21.7, 21.9, 21.10, 21.11, 21.12 & 21.13 December 18, 2006 Page _2 of _2 9. The Flood Zone Line ("AE" Elevation 8) should be indicated on the Site Plan. All proposed Building Construction must be Flood Compliant based on existing grade elevations prior to fill. This item should be coordinated with the Building Department. 10. All areas of new construction and proposed fill areas should be separated from the adjacent open space and wetland areas with the installation of Erosion and Sediment Control systems to meet the minimum requirements of the NYS DEC "SPDES" Program. These control systems should be in-place prior to commencement of any work. 11. This plan indicates the existence of a Camper / Trailer and a Metal Greenhouse Frame located on the southwesterly corner of the site which appears to have access by way of an existing Dirt Driveway. These items should be abandoned and/or removed from the site. 12. The proposed new road entrance immediately adjacent to Main Bayview Road should be detailed to indicate the proposed work within the existing Town Right-of-Way. This "Curb Cut Detail" should includeall of the required work needed for road construction and the protection & restoration of Main Bayview Road. 13. The proposed Cull-de-Sac, [as per Town Code 240-45.5(c)], should have a minimum outside radius of forty four (44') feet to provide access for emergency equipment. 14. The plan indicates the existence of a man-made "DIRT DIKE" along the southerly property line adjacent to Corey Creek. It would appear that this Dike functions as a barrier to prevent flooding from the tidal flowof Corey Creek. There is also an indication of a "1, O Corrugated Metal Pipe" running through this Dike. What is the function of this pipe? Would the principal function of this pipe be to drain the adjacent wetland area? This item should be reviewed by the Town Trustees and they may require this pipe to be removed. 15. The plan indicates a "PROPOSED EASEMENT FOR COMMON ACCESS TO COREY CREEK". The proposed access location, maximum width, limits of clearing, and type of construction, if any, should be reviewed and ~.a~q~roved by the Town Trustees prior to Site Plan Approvals. ~ Will the Planning Board require the installation of a new Street Lightat the entrance to Main Bayview. 17. Did Fire Commissioners request the installation of Fire Wells or Fire hydrants at this location? 18. Please keep in mind that the proposed road construction will not meet Town Code Requirements for Road Dedication to the Town of Southold. If you have any questions regarding this Subdivision review, please contact my office. CC; /~mes A. Richter, R.A. Peter Harris, Superintendent of Highways Michael Verity, Principal Building Inspector Southold Town Trustees SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD [:ax. (631)- 765- 9015 Jerilyn B. Woodhouse Chairperson - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 JAMES A. RICHTER, R.A. ENGINEER ~? TOWN OF SOUTHOLD, NEW YORK 11971 ~ Tel. (631) y 765- 1560 ~ ~,~ ~ . JAMIE.RICHT,ER~TOWN.SOUTHOLD.NY.US~-- ~ \ \ OFFICE OF THE ENGINEER ? ', TOWN OF SOUTHOLD '~ '~ ~':~ ' e 18120 6 ~ Re: Southview Preserve Subdivision Main Bayview Road, Southold, New York SCTM #: 1000-87-05-21.7, 21.9, 21.10, 21.11,21.12 & 21.13 Dear Mrs. Woodhouse: As per a request from your office, I have reviewed the Subdivision plan for the above referenced project. This proposed Map was prepared by the office of Nelson & Pope and has been dated 01/18/06. Please consider the following: 1. Please note that the proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must obtain coverage under the General Permit for Storm-water Runoff from Construction Activity (GP-02-01) prior to the initiation of construction activities. 2. The Suffolk county Tax Map Numbers referenced on the plan have changed. The Engineer should vedty all current numbers with the Town Assessors Office and update the plan accordingly. 3. The plan has made reference to other notes, (SEE NOTE #3, SEE NOTE #4, etc.). Where are they? 4. This proposed project will require the import of a tremendous amount of Fill to achieve the final grades as shown on the Site Plan. Due to the close proximity of wetland areas it is recommended that all proposed Fill be "Clean", "Natural Occurring Soil" taken from an approved upland borrow site. Recycled or Dredged materials should not be considered suitable or acceptable at this location. 5. The plan has indicated a 100' Setback line from the wetland areas. It has been drawn with a dashed line that appears with the same line type and line weight of the site contours. This line should be distinctive and easily viewed when looking at the plan. 6. Drainage calculations have been provided and are considered satisfactory. The proposed drainage design indicated that Nine (9) each - 12' diameter x 3' deep Leaching pools will be required. The preliminary map only indicates eight (8). (LP "A" through LP "H") One additional pool should be added to the plan. 7. The Leaching Pool Detail, (sheet 2 of 2), indicates that ground water will be encountered at the bottom of the proposed leaching pools. This detail should be amended to indicate that there will be a minimum separation of two (2') feet between the bottom of pool and the seasonal high water table elevation. 8. Test Holes have not been shown or indicated. Test Hole data from a location adjacent to the proposed drainage pools should be provided. Page 1 of 2 Jedlyn B. Woodhouse, Chairperson - Planning Board Re: Southview Preserve Subdivision SCTM #: 1000-87-05-21.7, 21.9, 21.10, 21.11,21.12 & 21.13 December 18, 2006 Page 2 of 2 9. The Flood Zone Line ("AE" Elevation 8) should be indicated on the Site Plan. All proposed Building Construction must be Flood Compliant based on existing grade elevations prior to fill. This item should be coordinated with the Building Department. 10. All areas of new construction and proposed fill areas should be separated from the adjacent open space and wetland areas with the installation of Erosion and Sediment Control systems to meet the minimum requirements of the NYS DEC "SPDES" Program. These control systems should be in-place pdor to commencement of any work. 11. This plan indicates the existence of a Camper/Trailer and a Metal Greenhouse Frame located on the southwesterly corner of the site which appears to have access by way of an existing Dirt Driveway. These items should be abandoned and/or removed from the site. 12. The proposed new road entrance immediately adjacent to Main Bayview Road should be detailed to indicate the proposed work within the existing Town Right-of-Way. This "Curb Cut Detail" should include all of the required work needed for read construction and the protection & restoration of Main Bayview Road. 13. The proposed Cull-de-Sac, [as per Town Code 240-45.5(c)], should have a minimum outside radius of forty four (44') feet to provide access for emergency equipment. 14. The plan indicates the existence of a man-made "DIRT DIKE" along the southerly property line adjacent to Corey Creek. It would appear that this Dike functions as a barrier to prevent flooding from the tidal flow of Corey Creek. There is also an indication of a "1' 0 Corrugated Metal Pipe" running through this Dike. What is the function of this pipe? Would the principal function of this pipe be to drain the adjacent wetland area? This item should be reviewed by the Town Trustees and they may require this pipe to be removed. 15. The plan indicates a "PROPOSED EASEMENT FOR COMMON ACCESS TO COREY CREEK". The proposed access location, maximum width, limits of clearing, and type of construction, if any, should be reviewed and approved by the Town Trustees prior to Site Plan Approvals. 16. Will the Planning Board require the installation of a new Street Light at the entrance to Main Bayview. 17. Did Fire Commissioners request the installation of Fire Wells or Fire hydrants at this location? 18. Please keep in mind that the proposed read construction will not meet Town Code Requirements for Road Dedication to the Town of Southold. If you have any questions regarding this Subdivision review, please contact my office. CC: /J~mes A. Richter, R.A. Peter Harris, Superintendent of Highways Michael Verity, Principal Building Inspector Southold Town Trustees PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND November 14, 2006 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. David Zere, Project Manager Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Proposed Standard Subdivision of Southview Preserve Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 13, 2006: The public hearing was closed. WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot I equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining portion of the property to be preserved as open space.; and WHEREAS, an application for sketch approval was submitted on June 9, 2005; and WHEREAS, on December 12, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on December 12, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005; and WHEREAS, on April 7, 2006, the applicant submitted the application for preliminary plat approval, including the preliminary plat and road and drainage plans prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006; and WHEREAS, the Southold Town Planning Board reviewed the preliminary plat at their work session on August 28, 2006; and WHEREAS, on August 11, 2006, the applicant submitted copies of the revised preliminary plat and road and drainage plans prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and Southview Preserve Page Two November 14, 2006 WHEREAS, on August 11, 2006, the applicant submitted one (1) copy of the Letter of Water Availability from the Suffolk County Water Authority; and WHEREAS, on September 22, 2006, the applicant submitted copies of the draft Declaration of Covenants and Restrictions; and WHEREAS, the preliminary plat and road and drainage plans have been referred to the Office of the Town Engineer for review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006, subject to the following conditions: 1. Submit a draft Road and Maintenance Agreement for the 25'-wide right-of-way. 2. Review of preliminary road and drainage plans by the Town Engineer. 3. Referral of the preliminary map to the Suffolk County Planning Commission for review. 4. Submission of a draft Open Space Easement pursuant to Section 240-44(C) of the Southold Town Code. 5. Submission of a draft Homeowners Association. 6. LWRP Coastal Consistency Review by the Town of Southold. 7. Submission of a permit from the New York State Department of Environmental Conservation and the Southold Town Trustees for the proposed project. 8. Submission of the final draft Declaration of Covenants and Restrictions. 9. Submission of the park and playground fee in the amount of $14,000 ($7,000 for each new lot created). This fee is payable prior to issuance of final plat approval. Additional covenants and restrictions or design changes may be required, depending on comments received from the NYSDEC, the Town Trustees, the Town of Southold LWRP Coordinator and/or the Suffolk County Planning Commission. Conditional preliminary plat approval is valid for six (6) months from the date of the resolution, unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, ouse Chairperson (630 427-5665 FAX (631) 427-5620 N ON & POPE ENGINEERS & SURVEYORS 572 Wilt Whilmia Ro~d Melville, NY 11747 TO: Town of Southold Town Hall Annex Planning Board Office 54375 State Route 25 Southold, NY 11971 Attn: Anthony P. Trezza, Senior Planner We are sending you Pick Up For Your Date: 7-Nov-06 Re: Southview Preserve Ref: N&P Job #02001 Under separate cover X Herewith X By Messenger (fed-ex) Review & Comment Approval As requested X For your use Quantity I Drawing Title [ Sheet No. I Rev. No. I Affidavit of Mailing and Posting 1 List of Proper~ Owners I Receipts from Certificates of Mailing Remark: Sincerely, NELSON & POPE By: Donna Puccio AFFIDAVIT OF POSTING This is to serve notice that I parsed the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remaine~J in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every pro.~oerty which is across on . .~Z~/ Your Name (print) Signature Address Date ??2 Notary Public DONNA A. PUCCIO Notary Public, State of New York No. 01 PU6138256 Qualified in Suffolk County Commission Expires 12/19/2009 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Thurs., 11/9/06 Re: Proposed Subdivision of Southview Preserve SCTM#: 1000-87-5-21.4 & 21.7-21.11 Date of Hearing: Monday, November 13, 2006, 6:20 p.m. 087-05-021.13 087-05-023.10 087-05-023-8 087-05-022 087-05-025 078-09-034.1 078-09-80 078-09-048 078-09-061 078-09-077 078-09-063 078-09-064 078-09-065 087-05-023-007 Southview Custom Homes Two, Inc. Kevin Middleton Anthony Pisciotta Lefferts Edson Lisa Edson Richard Norklun John Richardson Todd London Charles Colombo Charles Colombo Susan Lawlor Michael Reutter Joshua Smith 18 lawn Avenue 2393 Union Blvd, Apt 3A 906 Gardiner P.O. Box 939 25 Keeler Close 800 Private Rd, #21 59 West 71st St. 461 Fimt Street 8975 Main Bayview Rd. P.O. Box 612 100 Victoira Dr. P.O. Box 1336 9135 Main Bayview Rd. No record according to Southold Assessor's Office West Islip, NY 11795 Islip, NY 11751 Bay Shore, NY 11706 Cutchogue, NY 11935 Richfield, CT 06877 Southtold, NY 11971 New York,NY 10023 Brooklyn, NY 11215 Southold, NY 11971 Greenport, NY 11944 Southold, NY 11971 Southold, NY 11971 $outhold, NY 11971 m tn Fs~f' Joshua Smith -- ] °L 9135 Main Bayview Road .......... -{ ~'- ~or~ Southold, NY 11971 ~1 (Endo~ement Requ~d) Southview Custom Homes Two 18 Lawn Avenue West Islip, NY 11795 Postage Cerlifled Fee Return Receipt Fee (EndorSement Required) Res cted Delivery Fee (Endorsement Required) Total Po Kevin Middleton r~ entTo ' Anthony pisciotta ~ ~~,~:~ Bayshore, NY 11706 r~ ~r-~'A~ 906 Gardiner ..... Return Receipt Fee ~ ~ , Post~ark Lefferts Edson l sontn PO Box 939 ~, Cutchogue, NY 11935 ......... Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delive ~J Fee (Endorsement Required) Total Posta Lisa Edson m Postage Richard Norklun Postage Postmark Here m Total P~ Charles Columbo fSentro 8975 Main Bayview Road t ._ Southold, NY 11971 ~F/; -~ ...... itl charles ColumbO Po Box 612 lormOeoxNo. Greenp -t L":' ........ ~:" ........ ~'~'~] "' '"' "~ ............. ~11'111/ t-ri Ce~fled Fee ~3 Retun ReCe pt Fee (£ndorsemen Required) or PO Box NC Michael Reutter Po Box 1336 Southold, NY 11971 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southoid, New York on the 13th day of November, 2006 on the quesfon of the following: 6.'00 [}.In. Proposed standard subdi- vision for Bennett Brokaw, located on the s/s/o Bergen Avenue approximately 1,299' w/o Cox Neck Road in Mattitack, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 113-7 1.1. 6.05 p.m. Proposed standard subdivi- sion for Old Orchard at Cutchogue, lo- cated on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue, Town of Southold, County of Suffolk, State of NewYork. Suffolk CountyTax Map Number 1000-10945-9.1, · 6:10 !~.m. Proposed amended s te plan for North Fork Custom Audio Video, lo- cated on the n/sin New York State Road 25 approximately 4,755' e/o Aldrich Lane in Mattituck, Town of Southold/ County of Suffolk, Stale of New York. Suffolk County Tax Map Number 1000- ! 125-1-19.7. 6:1~ p.m. Proposed lot llne change for Richard & Susan Ward, located on the s/s/o Old North Road,approximately 11,380 feet w/o North Road in Southold, iTown of Southold, County of Suffolk, !State of New York. Suffolk County Tax IMap Numbers 1000-55-2-5.2 & 5.3. I 6-.20 p.m. Proposed standard subdi- i vision for Southview Preserve, located ion the s/s/o Main Bayview Road, ap- proximately 900' e/o Cedar Drive in Southold, Town of Southold, County of Suffolk, State of New York· Suffolk County Tax Map Numbers 87 5-21.4, 87- 5-21.7-21.10. 6'.25 p.m. Proposed conservation sub- division for Orchard Street Farm, located on the r~w corner of King Street and Old Farm Road and the s/s/o Orchard Street in Orient, Town of Southold, County of Suffolk, State of New York· Suffolk CountyTax Map Number 25.4-11.8. 6-30 p.m. Proposed amended site plan for Cutchogue/New Suffolk Free Library, located on the s/e corner of New York State Route 25 and Case's Lane in Cotchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 109-6-2.2. Dated: 10/31/06 BY ORDER OFTHE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson SQSP-1T 11/2 SECTION NO 087 PROPERTY MAP SOUTHOLO 11.1 COUNTY OF SUFFOLK SOUTHOLD 1000 SECTION NO 078 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L, EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 25, 2006 Mr. Davis Zere, Project Manager Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Standard Subdivision of Southview Preserve SCTM#1000-87-5-21.4 and 21.7-21.11 Dear Mr. Zere: The preliminary public hearing regarding the maps for the above-referenced lot line modification has been scheduled for Monday, November 13, 2006, at 6:20 Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Thursday, November 9, 2006. The si.qn and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Senior Planner Encs. Southold Town Plannin.q Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#'s1000-87-5-21.4 & 21.7-11; 3. That the property which is the subject of this application is located in the Agricultural-Conservation District A~C Zone; That this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 s.f., Lot 2 equals 37,343 s.f., and Lot 3 equals 45,713 s.f., with the remaining portion of the property preserved as open space. The property is located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank). Or, if you have any questions, you can call the Planning Board Office at (631) 765-1938; That a public hearing will be held on the matter by the Planning Board on Monday, November 13, 2006 at 6:20 p.m. in the MeetinR Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of $outhold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Donald Ryan, Southview Custom Homes Date: 10/26/06 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Thurs., 11/9/06 Re: Proposed Subdivision of Southview Preserve SCTM#: 1000-87-5-21.4 & 21.7-21.11 Date of Hearing: Monday, November 13, 2006, 6:20 p.m. SOUTHVIEW PRESERVE SUBDIVISION 1000-87-5-21.4 & 21.7-11 Proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 s.f. Lot 2 equals 37,343 s.f. and Lot 3 equals 45,713 s.f.., with {he remaining portion of the property preserved as open space in the A-C Zone. MONDAY, NOVEMBER 13, 2006- 6:20 P.M. NELSON ;. POPE VICTOR BERT, RE · ARTHUR J KOERBER, RE * JOSEPH R EPIFANIA PE ROBERT G NELSON JR, PE * PAUL M RACZ, RL.S · THOMAS R LEMBO, PE GARY S BECKER, PE · GREGORY D. PETERMAN, PLS · ERIC J McFERRAN, BE VIA FEDEX September 20, 2006 Mr. Anthony Tmzza Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Southview Preserve, Main Bayview Road, Southold, NY SCTM#: DIST 1000 SEC 087 BLK 05 LOTS 21.4,21.7, 21.9, 21.10, 21.11, 21.12, 21.13 Dear Mr. Trezza: nclosed please find revised Declaration of Restrictive Covenants for your rewew. In addition, Draft HOA materials are being addressed at this time with attorney for Southview Custom Builders. Please advise if you require any additional information. Very truly yours, GINEERS & SURVEYORS, LLP Project Manager DWZ/nb Enclosure DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION, made the day of August, 2006 by SOUTHVIEW CUSTOM HOMES TWO, INC., 18 Lawn Avenue, West Islip, New York 11795, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant is the owner of the premises described on Exhibit "A" annexed hereto known as the premises; and WHEREAS, an application has been filed by Declarant to the under Case No. , Hearing Date , for a subdivision and to develop the premises as follows: Case No. Subdivision of lot, construct three (3) dwellings with garage; and WHEREAS, the aforesaid application was or shall be approved subject to various conditions set forth in the Decision of the Planning Department/Board of the Town of Southold (the "Board") dated ; and WHEREAS, under the aforesaid Decision of the Board, the conditions in said Decision under Case No. are to be set forth in a Declaration of Restrictive Covenants to be executed by the Declarant and recorded in the Clerk's Office; and WHEREAS, the Declarant now desires to comply with the aforesaid conditions in the Decision of the Board dated ; and NOW, THEREFORE, in consideration of the foregoing, the Declarant declares as follows: 1. Annexed hereto and made a part hereof as Exhibit "B" is a Notice of Decision dated of the Board under Case No. , Hearing Date 2. Annexed hereto and made a part hereof as Exhibit "C" is a Subdivision Map/Site Plan of the parcel under Case No. prepared by dated 3. Declarant agrees to comply with each of the conditions set forth in the Decision of the Board as follows: No further subdivision of any of the lots on the approved subdivision map, in perpetuity. b. No changes to any of the lot lines without Planning Board approval. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetlands or Corey Creek in any manner. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. [Provide language they refer to] access to Corey Creek, as shown within the Open Space Parcel on the approved subdivision map. No residential structures shall be permitted on the Open Space Parcel designated on the approved subdivision map. The premises shall contain a 50'-wide non-disturbance buffer as shown on the approved subdivision map. Prior to the issuance of building permits for any of the lots on the approved subdivision map, a permit or letter of non-jurisdiction from the New York State Department of Environmental Conservation ("NYSDEC") and the Town of Southold Trustees shall be required. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the NYSDEC under Phase II State Pollutant Discharge Elimination System. 4. Said conditions shall be deemed covenants and restrictions as if fully set forth herein at length, shall run with the land herein described and shall be binding upon the Declarant, and all subsequent owners, assigns, lessees, or other successors in interest, as well as binding upon the signatory hereto. 5. The within covenants and restrictions may be amended, annulled, altered, or repealed at any time upon the consent of the then o~vner of the premises and the Board only after a pubic hearing and written notice of such proposed change to all property owners as required under the rules of the Board at the time of the application for such amendment, annulment, alteration or appeal. 6. Said covenants and restrictions shall be enforceable by Declarant, its successor(s) in interest or any aggrieved property owner within ( ) feet of the subject parcel herein and by the Town of Southold or any authorized agency thereof by any appropriate remedy. 2 IN WITNESS WHEREOF, the Declarant has executed the foregoing Declaration of Restrictive Covenants the day and year ilrst above written. SOUTHVIEW CUSTOM HOMES TWO, INC. By: Donald Ryan, President STATE OF NEW YORK ) SS.: COUNTY OF ) On the day of August, 2006, before me, the undersigned, personally appeared Donald Ryan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC PLANNING BOARD MEMBERS JERILY'N B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 FACSIMILE To: Paul Racz, PLS 631-427-5620 From: Anthony Trezza, Sr. Planner Date: September 12, 2006 Re: Standard Subdivision of Southview Estates 1000-87-5-21.4, 21.7, 21.10-21.13 Attached please find one (1) copy of a filed Declaration of Covenants and Restrictions from an approved subdivision which you may use as a template for your project. Please call if you have any questions. PLANNING BOARD MEMBEe JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Ronte 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 August15,2006 Mr. David Zere, Project Manager Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Proposed Standard Subdivision of Southview Estates Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 14, 2006: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 45,713 s.f., with the remaining portion of the property preserved as open space, and WHEREAS, on December 13, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005; and WHEREAS, on August 8, 2006, the applicant submitted a letter requesting an extension of time to meet the conditions of sketch approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant an extension of time for sketch plan approval, effective June 13, 2006 until December 13, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, //Jerilyn B. Woodhouse Chairperson enc. NELC=ONj pop;= ,r. VOORHIS~ LLC &'~ CHARLES J. VOORHIS, CEP. AICP · VICTOR BERT, RE. · ARIHUR J. KOERBER, RE. JOSEPH R EPIFANIA, RE. · ROBERT G. NELSON, JF~, RE. · PAUL M. RACZ, RES THOMAS E LEMBO, RE. · GREGORY D. PEq~RMAN, RLS. GARY S. BECKER, P.E. · ERIC J, McFERRAN, RE. VIA U.S. EXPRESS MAIL August 10, 2006 Mr. Anthony Trezza Southold Town Itall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Southview Preserve, Main Bayview Road, Southold, NY SCTM#: DIST 1000 SEC 087 BLK 05 LOTS 21.4,21.7, 21.9, 21.10, 21.11, 21.12, 21.13 Dear Mr. Trezza: Enclosed please find six (6) copies of revised preliminary mapping for the Southview Preserve Project. Specifically, we have amended the lot lines excluding individual frontage on Main Bayview Road, expanded the conservation component to cover this area, and depicted fifty percent (50%) of individual lots to remain natural for the duration of construction of single- family residential structures. In addition, enclosed please find Letter of Water Availability t~om the Suffolk County Water Authority, draft bond estimate and draft ~Declaration of Restrictive Covenants . As discussed, we respectfully request that this application be scheduled for a preliminary public hearing at the next available meeting in September. Very truly yours, NELSON & POPE ENGINEERS & SURVEYORS, LLP Paul M. Racz, PLS PPJdwz Enclosures ITEM 5 6 7 8 9 10 11 12 13 Nelson ~ Pope Engineers & Surveyors 57~ WMt Whitman Road Melville, NY 11747 Bond Estimate Southview Presewe Southold, Town of Southold SCTM# 1000-087-05-21.4, 21.7, 21.8, 21.9, 21.10, 21.11 Date: August 10, 2006 QUANTITY DESCRIPTION UNIT PRICE .AMOUNT 0.4 AC 1,500 CY 495 LF 7,000 SF Clearing & Grading Rough Grading / Unclassified Excavation - Road Concrete Curbing Fine Grading DRAINAGE 1 EA 9 EA 320 EA Catch Basins 12' x 3' Leaching Pools 15" Diameter Drainage Pipe SURFACING 150 CY 4 EA 19 EA 10,500 SF 1 EA 10 EA 3/4" Stone Blend or RCA Base Street Lights Concrete Survey Monuments Topsoil & Seed Street Signs Street Trees SUFFOLK COUNTY WATER AUTHORITY August 5, 2005 2045 Route 112, Suite 1, Coram, New York 11727-3085 (631) 698-9500 FAX (631) 698-9851 Nelson & Pope 572 Walt Whitman Road Melville, NY 11747 Attn: David Zere NELSO ',,j & POPE Re: Water Availability - Southview Estates, Main Bayview Rd, Southold SCTM# 1000-87-5-21.4, 21.7, 2t.8, 21.9, 21.10 & 21.11 (Lots 1,2 & 3) File# 4349610 Dear Mr. Zere: Reference is made to your request for information regarding availability of public water service to the above referenced property. There is an existing water main available to the above captioned property from the common right-of-way to Main Bayview Road. Connection fees, which include any applicable water main surcharges, Key Money, applications and inspections will be required for the house service line installations. We have kept a copy of your survey on file. Generally there is a three to four week waiting period from the time all Authority requirements have been met to the time of installation. If you have any further questions, please feel free to contact our New Service Department at (631) 698-9500. Sincerely, Dona Roberts Regional Manager DR:as DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION, made the __ day of August, 2006 by SOUTHVIEW CUSTOM HOMES TWO, INC., 18 Lawn Avenue, West Islip, New York 11795, hereinafter referred to as the 'Declarant". WITNESSETH: WHEREAS, the Declarant is the owner of the premises described on Exhibit ~A" annexed hereto known as the premises; and WHEREAS, the aforesaid application was or shall be approved subject to various conditions set forth in the Decision of the Planning Department/Board of the Town of Southold (the ~Board ~9 dated ; and WHEREAS, under the aforesaid Decision of the Board, the conditions in said Decision under Case No. are to be set forth in a Declaration of Restrictive Covenants to be executed by the Declarant and recorded in the Clerk's Office; and NOW, THEREFORE, in consideration of the foregoing, the Declarant declares as follows: 1. Declarant agrees to comply with each of the conditions set forth in the Decision of the Board as follows: Cleating limits of individual lots will not exceed those on approved subdivision mapping for the duration of construction of three single-family residences. Roadway and drainage systems will be operated and maintained through formation of a Home Owner's Association. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. d. No changes to any of the lot lines without Planning Board approval. No stormwater rtmoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetlands or Corey Creek in any manner. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. g. The three residential lots shall share one common access to Corey Creek, as shown within the Open Space Parcel on the approved subdivision map. No residential structures shall be permitted on the Open Space Parcel designated on the approved subdivision map. The premises shall contain a 50'-wide non-disturbance buffer as shown on the approved subdivision map. Prior to the issuance of building permits for any of the lots on the approved subdivision map, a permit or letter of non-jurisdiction from the New York State Department of Environmental Conservation (~YSDEC '9 and the Town of Southold Trustees shall be required. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the NYSDEC under Phase II State Pollutant Discharge Elimination System. 2. Said conditions shall be deemed covenants and restrictions as if fully set forth herein at length, shall run with the land herein described and shall be binding upon the Declarant, and all subsequent owners, assigns, lessees, or other successors in interest, as well as binding upon the signato~ hereto. 3. The within covenants and restrictions may be amended, annulled, altered, or repealed at any time upon the consent of the then owner of the premises and the Board only after a pubic hearing and written notice of such proposed change to all property owners as required under the rules of the Board at the time of the application for such amendment, annulment, alteration or appeal. 4. Said covenants and restrictions shall be enforceable by Declarant, its successor(s) in interest or any aggrieved property owner within ( ) feet of the subject parcel herein and by the Town of Southold or any authorized agency thereof by any appropriate remedy. IN WITNESS WHEREOF, the Declarant has executed the foregoing Declaration of Restrictive Covenants the day and year first above written. SOUTHVIEW CUSTOM HOMES TWO, INC. By: Donald Ryan, President 2 STATE OF NEW YORK ) SS.: COUNTY OF ) On the day of August, 2006, before me, the undersigned, personally appeared Donald Ryan, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instnmaent, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC NEL$ONj POPE & VOORHISj LLC CHARLES J. VOORHIS, CEE AICP · VICTOR BE R"~ RE. · ARTHUR J. KOERBER, RE, JOSEPH R EPIFANIA, RE. * ROBEF~F G. NELSON, JR., RE, · PAUL M. RACZ, F~L.S. THOMAS E LEMBO, RE. · GREGORY D, PETERM^N, RL.S. GARY S. BECKER, RE. · ERIC J. b~FERRAN, RE. August 4, 2006 Mr. Anthony Trezza Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Southview Preserve, Main Bayview Road, Southold, NY SCTM#: DIST 1000 SEC 087 BLK 05 LOTS 21.4,21.7, 21.9, 21.10, 21.11, 21.12, 21.13 Dear Mr. Trezza: Please be advised that on behalf of our client, Mr. Donald C. Ryan, of Southview Custom Homes, Inc., we would like to request that the name of proposed subdivision application & map for Southview Estates be changed to Southview Preserve. There was a similar subdivision name filed previously in the Suffolk County Clerks Office, therefore, my client is requesting this change. This new name was approved by the Suffolk County Clerk. Please advise if you require any additional information for this change to take effect. Thank you for your time. Very truly yours, 15tE~L,S~ & POPE ENGINEERS & SURVEYORS, LLP Project Manager i : DWZ/nb ,AUG -7 2006 So~th01d Town Plant Board · Town of Somhold To~m 1~1 530~ ~ Road P.O. Box 1179 Southold~ NY 11971 At~g~ion: Ma-. Aalhoay Tm~m, p~a,m,~ NELSON Junc 21, 2006 Southvi~ Ptma~ Mai~ Bayvi~w Roa~, Southold N&P ]'ob No. 02001 W- a~ in tl~ grocms of drat~ing e~n, maata aad reamctions l~rauaat to ~ No. 10 of th~ Sou~hv~w prea~rve rmolufioa d~tmmt dated Doceraber 13, 2005, and ne~l to clarify is~u~ re2afing ~o Section A106-56(C) of thc code of the Town of Southold. Cc: Donald Ryan, $outh~iew Custom Homes ri D~vid Zete, Nciso~ & Po~x~ 572 ~a,lg*Whgtmo.,v~cnx<~ pho, v~r. 631-~27-5665 Fa~: 631-673-z1.163 FAX. [] Urgent [] For Review [] Please Comment [] Please Reply [] As Requested ~0/~0'd £9T1~ £&9 T£9 3ctOd ON~ NOS-~BN &~:~ 900~-~-Nf]£ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen John Holzapfel Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES ~L ,,~-- , ~ow~ or sou~oL~ / ,,~ Anthony Trezza, Senior Planner ,~ IIUI, Planning Board II III , ;,; IUB James King, President [~ I/ / Board of Trustees ~;, [ 2006 Proposed Subdivision - Southview Prese~e SOTM¢87-5-21.4, 21.7, 21.9, 21.10, 21.11,21.12, 21.13 Our office received an application from Nelson, Pope & Voorhis, LLC on behalf of Southview Custom Builders for a Wetland Permit for the above-referenced subdivision. It is our understanding that this subdivision has not received a final approval from your department. As it is this Board's policy to postpone applications that do not have final subdivision approval, we respectfully request you coordinate with our department during your review so that we can provide our input with regard to the wetlands that exist throughout the property. We look forward to working with you on this application. Thank you very much for your cooperation. New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 FAX: (631) 444-0360 SEQR Coordinator Town of Southold PO Box 1179 Southold, NY 11971 Dear SEQR Coordinator: Denise Sheehan Commissioner The purpose of this request is to determine under Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: Your agency's interest in acting as lead agency; Your agency's jurisdiction in the action described below; and Issues of concern which your agency believes should be evaluated. Enclosed is a copy of the permit application and a completed Part 1 of the Environmental Assessment Form to assist you in responding. Proiect Name: Southview Preserve Proiect Location: s/s/o Main Bayview Road s/o Victoria Drive Southold SCTM#1000-87-5-21.4,21.9,21.9-21.13 DEC Project Number: 1-4738-03590/00001 DEC Permits: Tidal Wetlands Freshwater Wetlands SEQR Classification: [ ] Type I [ X] Unlisted DEC Contact Person: Laura Scovazzo Environmental Analyst 2 DEC Position: [ X ]The proposed action has been identified by DEC as occurring wholly or partially within or substantially contiguous to the Peconic Bay Critical Environmental Area (CEA) and the Corey Creek Significant Coastal Fish & Wildlife Habitat (SCFWH). It is the position of this Department that your agency, if it has a jurisdiction over the action, should assume the lead agency role based on the existence of the CEA and SCFWH and the fact that the anticipated impacts are primarily of local significance. Response: Please respond to this request within 30 days of the date of this letter. If no response is received within 30 days, we will assume that you have no objection to DEC or another agency assuming the role of lead agency, and have no comments to offer regarding the proposed action at this time. If neither your agency nor any other involved agency, including DEC, has indicated a willingness to serve as lead agency within 30 days of this letter: [ ] We will petition the Commissioner of DEC to designate a lead agency for this action. [ X ] We will petition the Commissioner of DEC to designate your agency as lead, presuming you have jurisdiction. Please feel free to contact this office for further information or discussion. Sincerely,/:~ ,iI Laura Scova'zzo ~ Environmental Analyst 2 Enclosures cc: SCDHS File Page 2. NEL~SON~ POPE & VOORHISs I. LC CHARLES J. VOORHIS, CER AICP · VICTOR BER~ RE. · ARTHUR J. KOERBER, RE. JOSEPH R. EPIFANIA, RE. · ROBERT G. NELSON, JR., RE. · PAUL M. RACZ, RL.S. THOMAS R LEMBO, RE, ° GREGORY D, PETERMAN, RL.S. GARY S. BECKER, RE. · ERIC J. McFERRAN, RE. Mr. John Pavacic NYS Department of Environmental Conservation Region 1 Headquarters Building 40: SUNY Campus Stony Brook, NY 11790-2356 Re: Dear John, April 14,2006. ~, _-~ ,,"". ~.': .I-51 Article 24 & 25 Permit Application Southview Preserve, Southold SCTM #1000-87-5- 21.4, 21.7, 21.9-21.13 Nelson, Pope & Voorhis has been retained by Southview Custom Builders, applicant, to obtain the necessary agency permits associated with the subdivision and development of the above referenced property. The property is currently owned by Southview Custom Homes Two, Inc. The site is 13.35 acres in size and is located on the south side of Main Bayview Road, across from Victoria Drive in the Town of Southold. The site contains undesignated forested freshwater wetlands near the frontage on Main Bayview Road and the southern portion of the parcel contains tidal marsh wetlands (primarily dominated by Phragrnites australis) associated with Corey Creek, a Significant Fish & Wildlife Habitat. The upland portion of the site is primarily wooded, currently vacant and devoid of structures with the exception of an abandoned camper/trailer and metal greenhouse frame in the western comer of the property, which are to be removed. A dirt dike currently exists along the western boundary of the property (date of construction unknown) with access via a dirt driveway at the eastern comer of the site off of Main Bayview Road. The proposed project involves subdivision of the parcel into three (3) lots to allow for the development of single family dwellings with individual sanitary systems. A common gravel roadway (Southview Court) and gravel driveways will serve the individual lots (ranging from 0.86 to 1.1 acres in size). Previous communication with the Town Planning Board has resulted in the proposed access roadway being located north of the existing dirt driveway, with the existing driveway to be abandoned. A total of 10.18 acres of natural area are proposed for preservation and will be owned and maintained by the future Homeowners Association. Any additional improvements (e.g. decks, pools, etc.) to the residential dwellings will require the individual homeowners to apply for their own wetlands permits. A total of 3.01 acres will be allocated into individual lots, with an additional 0.16 acres in the access right-of-way. A total of 2,500 CY of clean topsoil and 7,600 CY of clean sand and gravel are proposed to be imported to the site from an approved upland location for grading and installation of leaching pools associated with construction of the driveway and residential structures. Construction of the access driveway will require grading activities with/n 52' of freshwater wetlands and a gravel roadway base within 90' of the freshwater wetlands on the property. All residential and sanitary structures will be located more than 100' from all wetland boundaries. Stormwater runoff generated by the proposed dwellings and gravel driveways/walkways will be retained on site within a series of eight (8) leaching pools with a minimum distance of 3' to groundwater. .Additionally, A 5' wide gravel pathway within a 15' wide common homeowner access easement ~s proposed adjacent to the limit of clearing and ground disturbance at the southern end of the proposed lots to allow access to the waterway. Clearing of natural vegetation will be limited to a minimum of 75' from the tidal wetlands boundary. A total of 430 SF of impervious surfaces currently exists within the wetlands adjacent area (0.08%). The proposed project would result in a total of approximately.8,800 SF of impervious surfaces (1.55% of adjacent area) and a total of approximately 13,863 SF of pervious gravel driveways, roadways, and walkways (2.44% of adjacent area). No disturbances are proposed within the freshwater or tidal wetlands on site and natural buffers are being preserved to the maximum extent practicable to minimize impacts to the wetland ecosystems. I have enclosed the following for your review: · Joint Application Form · Short Environmental Assessment Form · Owner's Authorization Letter · Two (2) copies of the Location Map · Site Photographs with Aerial Photo Picture Index · NYSDEC Tidal Wetlands Map · NYSDEC Freshwater Wetlands Map · Four (4) copies of the Wetland Permit Plan, which is also the most recent survey Please feel free to call should you have any questions or require any additional information. Sincerely, NELSON, POPE & VOORHIS, LLC Sara da Silva cc: Don Ryan Dave Zeer, N&P JOINT APPLICATIOI ~[]"'='=' I~YorkState 9s-~9-3(8/00)prp FOR PERMIT ---- United States Army Corps of Engineers ' Applicable to agencies and pennii calegories listed in Item 1. Please read all instructions on back. Aitach additional Info~nation as needed. Please print legibly er type. t. Check permits appltsd for: Z. Name of Applicant (Use full name) J Telephone Number (da~me) NYS Dept. of Environmental Conservation Southview Custom Builders (cio Don Ryan) _J (631) 669-0527 Mailing AddressJ Stream Disturbance (Bed and Banks) 18 Lawn Avenue I ;' ~r~ [] Navigable Waters (Excavation and Fill) I ~'- Post Office I I I State [](Construct•acks' MoohngSor Place)Ct Platforms West Islip i,'APR 2 5 zip Code I NY 1 1 1 795 [] Dams and Impoundment Structures 3. Taxpayer ID (If applicant islnot ar lindividual) ' ' (Construct, Reconstruct or Repair) N/A ~ g ...... [] FreshwaterWetiands I ~_ ,,,,,'~r'T '?! ?' ,~ / ~E~ Tidal Wetlands 4. Applicant is a/an: (check,as many as aP~ly ' · Coastal Erosion Control [] Owner [] Obarator'-'[~"~ssess'e~e-EMunidpalitylGovernmentalAgency [] Wild, Scenic and Recreational Rivers 5. If applicant is not the owner, identify owner hem - othe~vise, you may provide Agent/Contact Person information. [] 401 Water Quality Certitication Owner or Agent/Contact Person [] Owner [] Agent/Contact Person Telephone Number (daytime) [] Potable Water Supply Nelson, Pope & Voorhis, LLC: contact: Sara daSilva 631-427-5665 [] Long Island Wells Mailing Address 572 Walt Whitman Road ] Aquatic Vegetation Control Post Office Istate IZlo Code [] Aquatic lnsect Control Melville NY 11747 [] Fish Control 6. Project/Facltity Location (mark Iocation on map, see instruction la.) NYSOfficeofGeneralServices Counts: Town/Citv/Villaoe: Tax Mac Section/Block /Lot Number: (State Owned Lands Under Water) Suffolk Southold 1000-87-5-21.4,21.7,21.9- ] Lease, License, Easement or Location (pacludinq Street or Road) Telephone Number tdavtimel other Real Property Interest (631) 669-0527 Utility Easement (pipelines, conduits, S/S/O Main Bayview Road, S/o Victoria Drive cables, etc.) Post Office State Zip Code 7. Name of Stream or Waterbody (on or near protect site; [] Docks, Moorings Or Platforms Southold NY 11971 Corey Creek (Construct or Place) 8. Name of USGS Quad Map: Location Coordinates: Adirondack Park Agency [] FreshwaterWetlandsPermit NYTM-E NY'FM-N 4 [] Wild, Scenic and Recreational Rivers 9. Project Description and Purpose: (Catego~, of Activity e.g. new constructior~installation, maintenance or replacement; Type of Structure or Activity e,g. bulkhead, dredging, tilling, dam, dock, taking of water; Type of Materials and Quantities; Structure and Work Area Dimensions; Need or Purpose Served) Lake George Park Comrotssion The proposed project involves the subdivision of a 13.35 acre parcel into three (3) [] Docks (Construct or Place) residential lots, ranging from 0.86 to 1.1 ac in size. Three single-family residential [] Moorings (Establish) homes, associated sanitary systems, and gravel common access driveway are proposed for construction. A 15' wide common easement with 5' wide gravel path is US Army Corps of Engineers also proposed for access to Corey Creek. A total of 10.18 ac are proposed as a [] Section 404 (Waters of the United States) Conservation Area/Open Space. The property is currently owned by Southview [] Sectfan 10 (Riversand Harbors Act) Custom Homes Two, Inc. [] Nationwide Permit (s) Identify Numher(s) Fo~ Agency Use Only: DEC APPLICATION NUMBER US ARMY CORPS OF ENGINEERS 10. Proposed Use: '11. Will Project Occupy 12. Proposed Start 13. Estimated Completion [] [] [] Stata Land?[] [] Date: Date: PHvate Public Commercial Yes .o Pending Pending t4. Has Work Begun on Project? (If yes, attach [] [] 15. List Previous Permit I Application Numbers and Dates: (rfAny) explanation of why work was staded without permit.) Yes No 16. Will thts Project Require Additional [] [] If Yes, Town of Southold; SCDHS Federal, State, or Local Permits? Yes No Please List: 17. If applicant is not the owner, both must sign the application I hereby affirm that information provided on this form and all attachments submitted herewith is true to the best of my knowledge and belief. False statements made herein are punishable as a Class A misdemeanor pursuant to Section 210,45 of the Penal Law. Further, the applicant accepts full responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State tom suits, actions, damages and costs of every name and description resulting from said project. In addition, Federal Law, 18 U.S.C., Section 1001 provides for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both where an applicant knowingly and willingly falsifies, conceals, or covers up a mate~al Pact; or knowingly makes or qses a talse, I~ icious or fraudutsnt statement. ~~_ Date z~7/~ ~/~ Signature of Applican ~ TiUo Date Signature of Owner Title PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 617120 APPENDIX C k~ STATE ENVIRONMENTAL QUA REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) SEQR 1. APPLICANT / SPONSOR Southview Custom Builders (c/o Don Ryan) 3.PROJECT LOCATION: Southold Munidpality 4. PRECISE LOCATION: Street Addess and Road Intersectiom S/s/o Main Bayview Road, S/o Victoria Drive SCTM #1000-87-5- 21.4, 21.7, 21.9 - 21.13 2. PROJECT NAME Southview Preserve Suffolk County Prominent landmarks etc-or provide ma[, (see attached location map) 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: The proposed project involves the subdivision of a 13.35 acre pamel into three (3) residential lots, ranging from 0.86 to 1.1 ac in size. Three single-family residential homes, associated sanitary systems, and gravel common access driveway are proposed for construction. A 15' wide common easement with 5' wide gravel path is also proposed for access to Corey Creek. A total of 10.18 ac are proposed as Conservation Area/Open Space. A minimum setback of 90' is proposed for the gravel access driveway and a minimum setback of 52' is proposed for grading associated with the driveway. All residential and sanitary structures will be located more than 100' from all wetland boundaries. 7. AMOUNT OF LAND AFFECTED: Initially 13.35 acres Ultimately 13.35 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? ~"~Yes [] No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VtCINITY OF PROJECT? (Choose as many as apply.) r~"'~Residential [-'"]industrial r~Commercia~ r~Agriculture [~']Park/Forest/OpenSpaca j--']Other(descfibe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Slate or Local) ]Yes ~]No If yes, list name and permit / agency approval: Approvals from Town of Southold & SCDHS. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? OYes r~No If yes, list agency name and permit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I es I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor ~Jame Date: Signature ~¢,~/~o./~.._~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment (631) 427-S665 FAX (631) 427 5620 ]~LSON & POPE ENGINEERS AND SURVEYORS 572 Walt Whi~nan Road Melvlne, NY 11747 TO: Mr. Anthony Tmzza Town of Southold P.O. Box 1179 Southold, NY 11971 Date: 5-Apr-06 Re: Soulhview Estates Ref: N&P Job # 02001 Attn: H.D. Ref: We are sending you ~-~ Under separate cover X Herewith Pick Up ~ X By Messenger (fed-ex) For Your Review & Comment Approval As requested X For your use Bid Submission ~n~tlty [ Dr~whgTitt [ Sh~ No. IR~v. ~o. 1 iComplete Application 6 Preliminavj Map Sets 1 Application Fee in the amount of $1,000.00/O1~ ~ "~ Remarks: Contact Da,ad Zere ~ (631) 4 r on reqmred. CC: ~, ,,.~f~ .~ ~'~'~7 ~ NELSON & POPE Thank you. By: David Zero PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN II. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Application for Preliminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Southview Preserve 2. Suffolk County Tax Map # 3. Hamlet lO00-87-05-Lots 21.4,21.7,21.8,21.9,21.10~,-2'!.1t~5 Southold Street Address / Project Location Zoning District Date of Submission Sketch Plan Approval Date Acreage of Site s/s Main Bayview Road AC 2/22/06 12/13/05 ' ,~,~ 13.35 acres to h~.ghwater mark 9. Parcel Yield 4 10. Number of Lots Proposed 3 a. Number of Affordable Lots Required: n/~ b. Number of Affordable Lots Proposed: n/a c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: n/a 11. Acreage of Open Space 10.18 acres 12. Percentage of Open Space 13. Range of Lot Sizes 14. Average Lot Size 15. Private or Public Streets 16. Length of Road(s) 17. Acreage of Road(s) 18. 76Z of subject property .86 acres to 1.10 acres 1 acre Private .16 acres Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. No 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies? Please list other applications which are currently pending involving this project. If possible, please provide application reference numbers. DEC Freshwater Wetlands Permit 20. Application completed by [ ] owner [.x] agent [ ] other Signature of Preparer Date PLANNING BOARD MEMBE~ JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN I~I. SIDOR GEORGE D, SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 December 13, 2005 Mr. David Zere, Project Manager Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Proposed Standard Subdivision of Southview Estates Located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 12, 2005: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 39,989 s.f., Lot 2 equals 33,828 s.f., and Lot 3 equals 38,319 s.f., with the remaining area of the property preserved as open space; and WHEREAS, an application and fee for sketch approval was submitted on June 9, 2005; and WHEREAS, on June 9, 2005, the applicant submitted an Existing Conditions Survey, prepared by Victor Bert, P.E., of Nelson and Pope, dated May 5, 3005; and WHEREAS, on June 9, 2005, the applicant submitted a Yield Map depicting a total of four (4) lots, as prepared by Victor Bert, P.E., of Nelson and Pope, dated May 5, 2005; and WHEREAS, on June 9, 2005, the applicant submitted an Existing Resources and Site Analysis Plan (ERSAP), as prepared by Nelson, Pope and Voorhis, LLC, dated June 2, 2005; and WHEREAS, on July 11,200.5, the Southold Town Planning Board initiated the SEQRA lead agency coordination process for this Unlisted Action; and Southview Estates Resolution Page Two December 13, 2005 WHEREAS, on October 26, 2005, the applicant submitted a revised sketch plan, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005; and WHEREAS, on November 18, 2005, the applicant submitted a Phase I Archaeological Survey prepared by Tracker Archeological Services, Inc., which concluded that no further archaeological investigations are needed for the project; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; and be it further RESOLVED, that Southold Town Planning Board finds that the Yield Map and ERSAP, as submitted, satisfy the requirements pursuant to Sections A106-1 I(A) and (B) of the Southold Town Code; and be it further RESOLVED, that the Southold Town Planning Board finds that the proposal for three (3) lots is not subject to the affordable housing provisions pursuant to Section A106- 11 (B)(1)(c) of the Southold Town Code; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map should contain the following revisions: a. The title of the map shall read "Preliminary Plat of Southview Estates." b. Provide the clearing calculations for each of the lots on the map, pursuant to Section A106-56(C) of the Southold Town Code. c. Provide a table showing the areas of unbuildable and buildable lands, in addition to the areas of the lots and the road. d. Clarify whether or not the 50' buffer area is part of the required open space. If not, clearly distinguish it from the open space land. e. Show test hole data, including the location of the test borings. f. Show the 16'-wide stone blend road within the 25'-wide right-of-way. g. Show the location of street trees pursuant to Section A108-45 of the Town Code. Provide the planting details, including the species and size at planting. 2. Submission of six (6) copies of the preliminary road and drainage plans. 3. Submission of a draft bond estimate. 4. Submit a draft Road and Maintenance Agreement for the 25'-wide right-of- way. Southview Estates Resolution Page Three December 13, 2005 5. Submission of a letter of water availability from the Suffolk County Water , Authority. 6. Submission of a draft Open Space Easement pursuant to Section A106-49(C) of the Southold Town Code. 7. Submission of a draft Homeowners Association. 8. LWRP Coastal Consistency Review by the Town of Southold. Submission of a permit or letter of non-jurisdiction from the New York State Department of Environmental Conservation and the Southold Town Trustees for the proposed project. 10. Submission of draft Covenants and Restrictions containing the following clauses; a. Indicate the clearing amount for each of the lots pursuant to Section A106-56(C) and as shown on the approved subdivision map. b. Road and Maintenance Agreement language. c. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. d. No changes to any of the lot lines without Planning Board approval. e. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetlands or Corey Creek in any manner. f. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. g. Language regarding the access to Corey Creek, as shown within the Open Space Parcel on the approved subdivision map. h. No residential structures shall be permitted on the Open Space Parcel. i. Language that establishes the 50'-wide non-disturbance buffer as shown on the approved map. j. Prior to the issuance of building permits for any of the lots on the approved map, a permit or letter of non-jurisdiction from the NYSEDC and the Town Trustees shall be required. k. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 11. Submission of the park and playground fee in the amount of $14,000 ($7,000 for each new lot created). Southview Estates Resolution Page Four December 13, 2005 Additional covenants and restrictions or design changes may be required, depending on comments received from the NYSDEC, the Town Trustees, or the Town of Southold LWRP Coordinator. Sketch approval is valid for six (6) months from the date of the resolution, unless an extension of time is requested by the applicant and granted by the Planning Board. Upon submission of a completed preliminary application, the Planning Board will set the preliminary public hearing for the project. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, house Chairperson enc. cc: Melissa Spiro, Land Preservation Coordinator PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN II. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant December 12, 2005 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SCTM#: Proposed Standard Subdivision of Southview Estates 1000-87-5-21.4, 21.7-21.11 Location: The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive in Southold. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to subdivide a 13.35-acre pamel into three lots where Lot 1 equals 39,989 s.f., Lot 2 equals 33,828 s.f. and Lot 3 equals 38,319 s.f.., with the remaining portion of the property preserved as open space. The property is zoned Agricultural-Conservation (AC) Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Southview Estates Negative Declaration - Page Two - December 12, 2005 The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; no substantial increase in solid waste production, potential for erosion, flooding, leaching or drainage problems will occur as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna; no substantial interference with the movement of any resident or migratory fish or wildlife species; no significant impacts on a significant habitat area; no substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: NYSDEC Elizabeth Neville, Town Clerk Applicant Southold Town Trustees Suffolk County Planning Commission Suffolk County Department of Health Services NELSON, POPE & VOORItIS, LLC ENVIRON~I~NTAL, PLANNI3fG, CONSULTING 5q2 Wa~t WMlmm B~d M~h~e, NY 11747 Anthony Tr~zza Town of Southold Plsm~g Office PO Box 1179 Southold, NY 11971 We are smaing you ~ Your Date: 22-.Iun-05 Re: Southview F. sta~. P'aase I Ar~lo~ gob No. NP&V//02001 Re~ & C~ xx At. oval For your rmmls Bid ~ubm~sion 3 , IOriginal c~iez ofPhas~ I A/B Cultural Very Iruly yours, NELSON, POPE & VOORHIR~ LLC By: Carrie O'Farrell Don Ryan, Souflaview Cuslom Homes (w/1 copy) David Zero, N&P Chic Voorhis, Nelson, Pope & Voorhis NOV 1 8 ~_005 NELSON, POPE ~, VOOP, HIS, LLC ENVIRONMENTAL PLANNING · CONSULTING November 15, 2005 Anthony Trezza Town of Southold Planning Office PO Box 1179 Southold, NY 11971 Re: Southview Estates Phase I Archeological Investigation NP&V #02001 Dear Anthony: Please find enclosed two (2) copies of the completed Phase I Archaeological Investigation for the Southview Estates application pending before the Town Planning Office. The report involved a detailed Phase IA documentary study and a field survey of approximately 3 acres (proposed area of disturbance of the overall 13 acre site) including excavation of 47 shovel test pits. The Phase I archaeological investigation concluded the following: "No prehistoric or historic artifacts features were encountered. No prehistoric or historic artifacts or features were encountered. No further work is recommended." Please forward this report to OPRHP for review at your earliest convenience. Thank you for your assistance, and please feel free to call should you have any questions. Sincerely, NELSON~ POPE & VOORItIS, LLC / Carrie O'Farrell Partner/Division Manager CC: Don Ryan, Southview Custom Homes (w/1 copy) David Zere, N&P Chic Voorhis, NP&V NELSON & POPE October 21, 2005 Mr. Anthony Trezza Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Southview Estates, Main Bayview Road, Southold, NY Dear Mr. Trezza: Enclosed please find seven (7) copies of revised sketch plan for your review. We respectfully request that this map be placed on the next Town of Southold Planning Board meeting agenda. Please be advised that Phase 1 Archeological Survey has been conducted in the field and we are awaiting written report. Thank you for your time and look forward to speaking with you regarding this application. Very truly yours,  INEERS & SURVEYORS Project Manager DWZ/nb Enclosure (6~1) 427-5665 FAX (631) 427-5620 I LSON & POPE ENGINEERS AND SURVEYORS 572 Walt Whitman Road Melville, NY 11747 TO: Mr. Anthony Trezza Town of Southold P.O. Box 1179 Southold, NY 11971 Date: 21 -Oct-05 Re: Southview Estates Ref: N&P Job # 02001 We are sending you ~ Under separate cover X Herewith Pick Up ~--~ X By Messenger (fed-ex) For Your Review & Comment Approval As requested X For your use Bid Submission Quantity I Drawing Title I Sheet No. I Rev. No. 7 Sketch Plan Revisions Remarks: Contact David Zere ~ (631) 427-5665 if there is any further information required. Thank you. CC: Sincerely, NELSON & POPE By: David Zere NELSON & POPE VICTOR BERT, PE · ARTHUR J. KOERBER, PE · JOSEPH R EPIRAN[A PE ROBERT G NELSON JR, PE · PAUL M RACZ RL S · THOMAS F LEMBO, PE GARY S BECKER, RE · GREGORY D PETERMAN, PLS · ERIC J McFERRAN, RE September 15. 2005 Mr. Anthony Trezza $outhold Town It~dl 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Southview Estates L~P Consistency Assessment Form Dear Mr. Trezza: Enclosed please find "LWRP Consistency Assessment Form" as the request of the Town of Southold. Please advise if you need any additional information and I will keep you apprised of status of Phase 1 Archeological Survey. Thank you for your time. Very truly yours, NEJ,~N & POPE ENGINEERS & SURVEYORS DWZ/nb Enclosure *, ToxYn of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town Of SOuth01d's , website (southoldtown.northfork. net), the Board of Trustees OffiCe~ the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION SCT1M[# 87 05 21.4, 21.7 and 21.9 through 21.13 The Application has been submitted to (check appropriate response): Town Board ~-~ Planning Dept. ~] Building Dept. [] Board of Trustees ~] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Finandal assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Subdivision of a 13.3 acre parcel into three (3) residential lots, ranging from 0.86 acres to 1,1 acres in size. A common access path is proposed to Corey Creek and 10.18 acres are proposed to be dedicated to the Town of Southold. Location of action: S/s/o Main Bayview Rd., across from Victoria DrNe; Hogs Neck Site acreage:. 13.3 acres Present land use: Forest and tidal marsh ])resent zoning classification: AC- Agricultural Conservation If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: $outhview Custom Homes, Inc. (b) Mailing address: 18 Lawn Avenue West Islip, NY 11795 (c) Telephone number: Area Code ( ) (631) 669-0527 (d) Application number, if any: N/A Will the action be directly undertaken, require ~unding, or approval by a state or federal agency? Yes [~ No [] If yes, which state or federal agency? ,, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evaluation criteria. [-~Yes [] No ~ Not Applicable The property situates 3 new residential lots within an existing residentia~ area while minimizing the clearing of land and any potential negative effects to wildlife. No wetlands will be impacted by the proposed development. The location of the proposed dwellings near the tidal wetlands of Corey Creek make beneficial use of a coastal location. Attach additional sheets ff necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [] No [] Not Applicable The property is located in an archaeological sensitive area and a Phase I A/B Cultural Resources Assessment (CRA) is currently being completed. The Phase I MB CRA will be submitted to the NYS OPRHP as well as to the Town for their review and comment. If any archaeological/historical artifacts are found on the property, appropriate actions will be taken to ensure their documentation and to ensure the proiect does not negatively impact such resources. Atlach additional sheets if necessa~ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] Not Applicable The coastal and wooded character of the site's surroundings will be protected as the majority of the proposed development will be screened from Bayview Road by the preservation of forest and wetland habitat. Woodland preservation along the site's seaward side will also be preserved, screening the development from the shoreline. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable The property is partially located within a 500-year floodplain and the majodty is located within a lO0-year floodplain identified as a coastal barrier 11-16-90 for which flood insurance is not available for new construction on or after November 16, 1990. The proposed site plan locates proposed dwellings within that portion of the property identified as Zone X (within 500-yr floodplain) and therefore will minimize impacts from flooding. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria Yes [] NO [~Not Applicable The proposed three-lot subdivision will not pose a significant impact to existing groundwater or surface water resources. Sanitary and drainage systems will be designed to ensure proper functioning of these systems and that there is proper separation between the water table and sanitary leachate. Such constraints will be addressed during design of the individual residential lots. Attach additional sheets ff necessmry Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~ No ~ Not Applicable The proposed project is located adjacent to Corey Creek, a significant Fish & Wildlife habitat. No construction will occur within Corey Creek or its associated tidal wetlands and sufficient natural buffer areas are proposed to minimize impacts to sensitive wetland ecosystems. Attach additional sheets ff necessaiy Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section Ill - Policies Pages 32 through 34 for evaluation criteria. ['~ Yes [~NoD Not Applicable The proposed project will not generate any significant air quality hazards other than exhaust from a few vehicles associated with three residential dwellings. The project will not create a significant increase in traffic along the main roadway, Main Bayview Road. Attach additional sheets if necess,'uy Policy 8. MinimiTe environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ No [] Not Applicable Solid waste generated by the proposed dwellings will be properly disposed of and sent to the Disposal and Recycling Center in Cutcho~lue. The Town's recycling program will be implemented to promote waste reduction. No hazardous substances other than typical household cleaning and pesticide products will be utilized on the project site. No significant ~nvironmental impacts by such products are anticipated. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. ~] Ye~ NoD Not Applicable An easement from the three proposed residential lots to the shoreline is proposed through the primary and secondary conservation areas proposed on site to allow for private access and recreational use ofthe Town's coastal waters. No public access currently exists on site; however 10.18 acres of upland site area is proposed to be dedicated to the Town as a result of this project. Attach additional sheets ff necessmy WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in sultable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No N Not Applicab, e ', . '[he~siting of residential dwellings near the{leli~ne with common access through a proposeOnservation easement will promote water-enhanced residential living while minimizing consumption and development of waterfront land. The project will not result in significant adverse impacts to community character, the transportation network and surrounding land and water resources. Attach additional sheets ff necessity Policy 11. Promote sustainable use of living marine resources in Long Island Sonnd, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ['~ No [] Not Applicable The sustainable use of living marine resources will be promoted through the conservation of sensitive tidal wetlands and their adjacent upland buffer so as to minimize impacts to the marine ecosystem of Corey Creek and Little Peconic Bay. Attach additional sheets ff necessa~ Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes ~ N~ Not Applicable No agricultural lands are on or in the immediate vicinity of t~he subject property. Attach additional sheets ff necessmy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [] No N Not Applicable The dwellings to be constructed on the proposed subdivided lots will incorporate energy-efficient designs. Created on 5/25/05 11:20 AM NELSON POPE VICTOR BERT, PE · ARTHUR J KOERBER, RE · JOSEPH R EP[FANIA, PE. ROBERT G NELSON JR., RE · PAUL M RACZ, PL.S. · THOMAS F. LEMBO, PE GARY S. BECKER, PE · GREGORY D. PEIERMAN, PLS · ERIC J McFERRAN, RE September 6, 2005 Mr. Anthony Trezza Southold Town Hall 53095 Route 25 P.O. Box 1179 Southold, NY 11971 RE: Southview Estates Primary and Secondary Conservation Areas Dear Mr. Trezza: As per our conversation enclosed please find primary and secondary conservation areas identified for the above referenced proposed subdivision. I will keep you apprised of LWRP Consistency Assessment Form and Phase 1 Archeological Survey status. Please call with any questions you may have and please advise of any additional information you may require. Very truly yours, G_ ~I~ERS & SURVEYORS Project Manager DWZ/nb Enclosure Southview Estates NP&V g02001 PRIMARY AND SECONDARY CONSERVATION AREAS NORTH Scale:S°urce: Nelson&l" = 200' Pope Preliminary Sketch Plan, revised 09-01-05 + Southview Estates NP&V ~q)2001 PRIMARY AND SECONDARY CONSERVATION AREAS Source: Nelson & Pope Preliminary Sketch Plan, revised 09-01-05 Scale: 1" = 200' NORTH Southview Estates NP&V #02001 PRIMARY AND SECONDARY CONSERVATION AREAS Source: Nelson & Pope Preliminary Sketch Plan, revised 09-01-05 Scale: 1" = 200' NORTH PRIMARY AND SECONDARY CONSERVATION AREAS Southview Estates NP&V #02001 Source: Nelson & Pope Preliminary Sketch Plan, revised 09-01-05 Scale: 1" = 200' NORTH PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 August 8, 2005 David Zere, Project Manager C/o Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Standard Subdivision of Southview Estates SCTM#1000-78-5-21.4, 21.7, 21.8, 21.9, 21.10, 21.11 Dear Mr Zere: The Planning Department has initiated the SEQRA review for the above-referenced subdivision application. The following information is needed in order for the Planning Board to effectively assess the proposed layout of the lots: Identify the location of the primary and secondary conservation areas pursuant to Section Al06-1 I(C) of the Town Code. Submit the LWRP Coastal Consistency Form (copy of enclosed). In addition, we have asked the Town Trustees to verify the wetlands as depicted on the map. The Planning Board needs the wetlands, and other natural features, verified in order to determine whether or not the area of unbuildable lands has been calculated correctly. This project will also require the preparation of a Phase I Archaeological Survey because it is located within a New York State designated archaeological sensitive area. If you have any questions or need further assistance, please feel free to contact this office. Senior Planner New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0403 FAX: (631) 444-0360 Denise M. Sheehan Acting Commissioner LEAD AGENCY COORDINATION RESPONSE July 21,2005 Anthony P. Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Standard Subdivision of Southview Estates SCTM# 1000-87-05-21.4, 21.7, 21.8,21.9, 21.10 & 21.11 Southold, NY 11971 Dear Mr. Trezza: This letter is in response to your Lead Agency Coordination Request of July 12, 2005 for the above referenced project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that this project will require a Tidal Wetlands Permit from this Department. If you have any questions, please call me at 631-444-0403. Environmental Analyst Stephen M. Jones Chief Executive Officer SUFFOLK COUNTY WATER AUTHORITY Administrative Offices: 4060 Sunrise Highway, Oakdale, New York 11769-0901 (631) 563-0219 Fax (631) 563-0370 July z8, 2005 Jerilyn B. Woodhouse, Chair Planning Board Office Town of Southold P.O. Box 1179 Southold, New York 1197] Dear Ms. Woodhouse: JUL 2 1 2005 We have received your letter dated July 12, 2005, regarding Southview Estates, Southold and lead agency coordination. Our comments are as follows: ]. We have no objection to the Town of Southold taking lead agency status. 2. We strongly urge that irrigation water use be minimized by limits on irrigated areas. 3- We strongly urge that limits be placed on fertilized vegetation to minimize impacts to groundwater and surface water in the vicinity. 4. The Town should mandate low-flow plumbing fixtures in accordance with the latest codes. Thank you for contacting the Suffolk County Water Authority. If you require further information, please contact me at 563-o219. St~i0h~i M./t]~ones ChieffExecfl(ive Officer SMJ:dmm Attachment - Portions of 5-year Water Supply Plan for Town of Southold cc: J. Milazzo, Attorney, SCWA SCWA encourages Suffolk County to continue the purchase of lands that are within the Special Groundwater Protection Area pursuant to the Suffolk County Drinking Water Protection Program. Under this program, revenues from a special sales and compensating use tax of 1/4 of 1% provide funding for sewer district tax rate stabilization, environmental protection and properfj tax mitigation. Within the environmental protection category funds can be expended, for among other things, the purchase of lands within SGPAs, the purchase of lands that are necessary for maintaining the quality of surface and/or groundwater. Additionally, the program provides funds for the purchase of farmland development rights. The purchase of farmland development rights ensures that farms generating the development right cannot be converted to non-farm uses. Suffolk County can also make purchases of farmland development rights pursuant to the County's Community Greenways Fund. SCWA advocates the renewal of Suffolk County Agricultural District Number 1 which expires in 2003. Pursuant to the Agriculture and Markets Law, the Suffolk County Legislature can continue, modify or terminate the district upon reports of the County Agricultural and Farmland Protection Board and the County Planning Department pursuant to Agriculture and Markets Law Section 303-a. The County could recommend that the District be extend for either 12 or 20 years as permitted by the law rather than eight years and work to add more properties to the District. Lastly, if the recommendations of the Suffolk County Agricultural Protection Plan were implemented the potential for the conversion of active farmland to non-farm uses would be lessened. SCWA encourages the Town to implement measures that would reduce the demand for public water in the Town: SCWA estimates that during the winter months approximately 10% of its wells are in use to meet the demand for water. In contrast, in the summer months SCWA operates nearly every one of its wells to meet demand. The increased demand is largely attributable to irrigation system use. If the demand for water could be curtailed, SCWA would not have operate its system at full capacity, it would allow more water to be available for fire protection and would reduce pressure peaks and drops that occur concurrently with periods of high water demands. There are several methods that the Town can adopt to reduce water demand. Southold could adopt a local law permitting the irrigation of only 15% of any lot area. The restrictions could be incorporated into any building permit issued by the Town. By encouraging the retention of native areas, limiting cleating and restricting the amount of irrigation that could be operated on a specific parcel, demand for public water could be reduced. Implementation of this recommendation would be consisient with the recommendations of the Special Groundwater Protection Area Plan and would be further protective of groundwater quality than upzonings to 5 acres alone. The restrictions could take the form of covenants and restrictions imposed by the Town in reviewing all future subdivision and building permit applications. 9 Second, the Town could require new buildings to install water saving devices, such as low flow faucets and toilets. These devices would reduce water consumption in the Town. _ Third, an opportunity exists for the Town to harness the market forces the on ,d, ev..e!6p,,,m.e, nt' ' of undersized, according to current zoning, infill lots to protect lands it identifies as "critical" through the creation of a non-contiguous cluster program. Under the program, the potential developer of the infill parcel that has less area than current zoning requires, would be required to acquire a fight before the infill lot could be developed. The right would be allocated to an owner ora critical parcel based on the critical parcel's current zoning. The rights would be allocated only after the owner of the critical parcel makes a promise in the form of an easement to maintain a specific land use on the critical parcel. These rights would have significant value by allowing otherwise undevelopable lots to be developed. The amount of rights that would have to be redeemed before an undersized parcel could be developed would be equal to the difference between the area of the infill parcel and the amount of area required by imeill parcel's current zoning. As an example, an 10,000 square foot parcel in an area that requires 40,000 square foot of area would need to acquire 30,000 square feet of development rights. Adoption of this program would be advantageous to SCWA for three masons. First, infill lots are generally located in areas of existing water mains. Thus SCWA would not be required to install large main extensions to serve new development within the Town. Second, as development rights are purchased from critical lands, which could include farm lands, the potential for conversion of farmland would be reduced. Third, the reduction in the conversion of such parcels, would lessen demand for lengthy main extensions into agricultural areas, which would make the cost for convening othei' farmland to non-farm uses lower. The Town could require the Zoning Board of Appeals to require the redemption of non- contiguous duster rights in three instances. The rights could be required whenever an undersized lot is proposed for development. The amount of rights required would be equal to the difference in the undersized parcel size and the area requirements of current zoning. The Zoning Board of Appeals could require the redemption of rights before allowing a previously merged lot to be unmerged. Lastly, Zoning Board of Appeals could be prohibited from granting lot splits that result in the creation of undersized parcels without the redemption of non-contiguous rights. The Town could adopt local laws requiring mandatory clustering and conservation subdivisions to minimize the destruction of farmland and woodlands which would reduce the amount ofrun-offand recharge of degraded water to the aquifer. Conservation subdivisions lessen the total potential demand for public water by reducing 'the number of units that could be built. 10 i. Suffolk County Drinking Water Protection Program Under this program, revenues from a special sales and compensating use tax of 1/4 of 1% provide funding for sewer district tax rate stabilization, environmental protection and property tax mitigation. Within the environmental protection category funds can be expended, for among other things, the pumhase of lands within SGPAs, the purchase of lands that are necessary for maintaining the quality of surface and/or groundwater. Additionally, the program provides for funds for the purchase of farmland development rights. The purchase of farmland development rights ensures that farm generating the development right can not be convened to non-farm uses. ii. Community Greenways Fund By referendum in 1998, the residents of Suffolk County approved the issuance of $62 million in bonds to fund the purchase of open space lands, active parklands, farmland development rights and the creation of an educational center. b. Continue Agricultural District Number 1 Agricultural District Number 1 was created for a eight year period which expires in 2003. Pursuant to the Agriculture and Markets Law, the Suffolk County Legislature can continue, modify or terminate the district upon reports of the County Agricultural and Farmland Protection Board and the County Planning Department pursuant to Agriculture and Markets Law Section 303-a. The County could recommend that the District be emend for either 12 or 20 years as permitted by the law rather than eight years and work to add more properties to the District. Implement Recommendations of Suffolk County Agricultural Protection Plan In 1995, Suffolk County was awarded a $50,000.00 grant to prepare an Agricultural Protection Plan by New York State. The resultant plan was released in June 1996 and adopted by the Suffolk County Legislature. It contains recommendations on measures which slow the conversion of farmland to non-farm land uses. If the recommendations of the plan are implemented and the conversion trends slowed, the need for public water to serve structures on converted farmland would be lessened. E Other Opportunities for Mitigating Impacts 1. Mandatory Restrictions on Irrigation Dependent Vegetation and Clearing Amounts A local law could be adopted, implemented and enforced by the Town limiting that amount of irrigation of any lot to 15% of the lot's area. The restrictions could be incorporated 68 into any building permit issued by the Town. By encouraging the retention of native areas, limiting clearing and restricting the amount of irrigation that could be operated on a specific parcel, demand for public water could be reduced. The single biggest use of SCWA water at residential units is for landscaping needs. By requiring that new developments limit the amount of irrigation that can be installed, this demand would be lessened. This would have a twofold advantage. One, it would reduce demand, lessening potential for overpumping; and, two, demand would be reduced during critical summer months when the system is most heavily used. Additionally, such restriction would increase the quality of recharge to the aquifer. Implementation of this recommendation would be consistent with the recommendations of the SGPA Plan and would be further protective of groundwater quality than upzonings to 5 acres alone. The restrictions could take the form of covenants and restrictions imposed by the Town in reviewing all future subdivision and building permit applications. 2. Mandatory Water Saving Devices The Town could require new buildings to install water saving devices, such as low flow 'faucets and toilets. These devices would reduce water consumption in the Town. 3. Non-contiguous cluster program a. Development of undersized parcels An opportunity exists for the Town to harness the market forces on the development of undersized, according tO current zoning, infill lots to protect lands it identifies as "critical" through the creation of a non,contiguous cluster program. Under the program, the potential developer of the infill parcel that has less area than current zoning requires, would be required to acquire a right before the infill lot could be developed. The right would be allocated to an owner of a critical parcel based on the critical parcel's current zoning. The rights would be allocated only a~er the owner of the critical parcel makes a promise in the form of an easement to maintain a specific land use on the critical parcel. These rights would have significant value by allowing otherwise undevelopable lots to be developed. As discussed earlier, infill lots, previously denied development with private wells receive a benefit when public water mains are installed in the roads abutting these parcels. The amount of rights that would have to be redeemed before an undersized parcel could be developed would be equal to the difference between the area of the infill parcel and the amount of area required by in_fill parcel's current zoning. As an example, an 10,000 square foot parcel in an area that requires 40,000 square foot of area would need to acquire 30,000 square feet of development rights. Frequently, the undeveloped lots are in high value areas and there is significant financial 69 "I~LANNING BOARD MEMBE~ JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON July 12, 2005 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N-Y Telephone: 631 765-1938 Fax: 631 765-3136 Re: Lead Agency CoOrdination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Standard Subdivision of Southview Estates The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive in Southold. SCTM#1000-87-5-21.4, 21.7,21.8, 21.9, 21.10 & 21.11 Zoning District: A-C Requested Action: This proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 45,713 s.f. The remaining area of the parcel is proposed to be clustered open space. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Anthony P. Trezza, Sr. Planner (631) 765-1938 x 5022 The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review, Page 2 Lead Agency Coordination Request Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Commenta: This property is located within an environmentally sensitive area on Corey Creek. We would appreciate detailed comments from your agency. Please note that changes to the layout are possible after a detailed review has taken place. Please feel free to contact this office for further information. Very truly yours, Jeriiyn B. Woodhouse Chairperson CC: Joshua Y. Horton, Supervisor Southold Town Board Patricia Finnegan, Town Attorney *Board of Trustees Building Department Southold Conservation Advisory Committee Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review (sketch plan map and existing conditions map) Enc. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 12, 2005 Mr. David Zere, Project Manager c/o Nelson and Pope 572 Walt Whitman Road Melville, NY 11747 Re: Proposed Standard Subdivision of Southview Estates Located on the s/s/o Main Bayview Road, approximately 900' east of Cedar Drive, in Southold SCTM#s1000-87-5-21.4, 21.7-21.11 Zoning District: A-C Dear Mr. Zere: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, July 11, 2005: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 sq. ft., Lot 2 equals 37,343 sq. ft. and Lot 3 equals 45,713 sq. ft.; and WHEREAS, an application for sketch approval was submitted on June 9, 2005; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action. Please contact this office if you have any questions regarding the above. Very truly yours, Chairperson PLANNING BOARD JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON July 12, 2005 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILINGADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Standard Subdivision of Southview Estates The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive in Southold. SCTM#1000-87-5-21.4, 21.7,21.8, 21.9, 21.10 & 21.11 Zoning District: A-C Requested Action: This proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 45,713 s.f. The remaining area of the parcel is proposed to be clustered open space. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Anthony P. Trezza, Sr. Planner (631) 765-1938 x 5022 The lead agency will determine the need for any supplemental information on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. In addition please provide any information that should be considered during this review. Page 2 Lead Agency Coordination Request Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: This property is located within an environmentally sensitive area on Corey Creek. We would appreciate detailed comments from your agency. Please note that changes to the layout are possible after a detailed review has taken place. Please feel free to contact this office for further information. Very truly yours, Chairperson CC; Joshua Y. Horton, Supervisor Southold Town Board Patricia Finnegan, Town Attorney *Board of Trustees Building Department Southold Conservation Advisory Committee Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review (sketch plan map and existing conditions map) Enc. 14-16-2 (2/87)-7c SEQR 617.21 · Appendix A State Environmental Quality Review FULL ENVIRONMENTAL 32SSESSMENT FORM Purpose: The full EAF is designed to help apolicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be si~hificant is not always easy to answer. Freauently, there are aspects of a project that are su~ective or unmeasureable. ]'t is also understood' that those who determine significance may have little or no formal knowledge of the environment or may be technica ly expert in env ronmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concern affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to 'fit a project or action. Full EAF Components: The full EAF is comprised of three parts. Part 1: Provides objective data and information about a aiven project and its site. By identifying basic project data, it assists a reviewer in the analysis that ta~es place ~n Parts 2 and 3. art 2. Focuses on ~dent~fylna the range of posstble unpacts that may occur from a project or action. It provides auidance as to whe-fher an impact is likely robe consideredsmall to moderate or whether it is a potentially-large impact. The form al'so identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or nor the ~mpact is actually important. 1 DETERMINATION OF SIGNIFICANCE - TYPE 1 AND UNLISTED ACTIONS / Identify the Portions of EAF completed for this project: X Part 1 Part 2 Part 3 Upon review qfthe information recorded o.n this .EAF (Parts 1 and 2. and 3 if appropyiate), and any o. ther ] supporting int0rmation, and considering both the magnitude ana importance of eaeli impac{, it is l reasonably determined by the lead agency that: A. The proiect will not result in any large and important impact(s) and, therefore, is one whic. h -- will not have a significant impact on the environment, theref6re a negative declaration will be prepared. B. Although the proiect could have a significant effect on the environment, there will not be a -- significant effect ~'or this Unlisted Action because the mitigation mea. sures.described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and import.ant imp, acts that may have a significant -- impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Southvlew Estates ~ Southold Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer If different from responsible officer) Date PART 1 - PROJECT INFORMATI~I~ Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A ttdough E. Answers to these questions will be considered as part of the application for approval and may be subiect to further verification and public review. Provide any additional information you believe will 'be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new sfudies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Southview Estates (~, Southold LOCATION OF ACTION (Include Street Address, Municipality and County) $/s/o Main BaFview Road, across from Victoria Drive; Hogs Neck NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Southview Custom Homes, Ina ADDRESS 18 Lawn Avenue CITY/PO STATE ZIP CODE West Islip NY 11 795 NAME OF OWNER (If different) Same as above BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION The applicant proposes the subdivision of a 13.3 acre parcel into four residential lots with the follawing lot sizes: 1.97 acres, 1.47 acres, 2.42 acres and 5.44 acres. A single gravel driveway will provide access to the indivldual lots and a common access will be provided to the waterway. A total of 8.46 acres of the overall site will remain naturdi following devsiaprnen~ The site Is current!~ comprised of six tax lots (1000-87-05-21.4, 21. 7, 2L8, 21.9, 21.10 & 21.11) and the overall yleld of the property is Sresidentiallota The$1teiszonedACAgttculturalConservatlonwhlchdoesnotprohiblttheproposedus~ Please Complete Each Question - Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: Urban Industrial Commercial Rural (non-farm) X Forest Other Residential (Suburban) Agriculture 2. Total acreage of project area: 13.3 acres APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested * Z85 Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or Tidal as per Articles 24, 25 of ECL)$.45 Water Surface Area Unvegetated (Rock, earth or fill) gravel drive Roads, buildings and other paved surfaces Other (Indicate type) Landscaping/turf · includes small barren areas 3. What is predominant soil type(s) on project site? Rda, Fd, Tm a. Soil drainage: __ PRESENTLY AFTER COMPLETION acres acres acres 5.98 acres acres acres acres $.45 acres acres acres acres 0.39 acres acres 0.32 acres acres 3.93 acres X Well drained __% of site; Poor drained 41 % of site 2 X Moderately well drained $9 % of site; b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcropping on l>roject site9 Yes X No a. What is depth to bedrock?- N/A - (in fee't) 5. Approximate percentage of proposed project site with slopes: X 0-10% 100 %; 10-15% % 15% or greater __ % 6. Is project substantiallycontiguous t~o,~ or contain a building, site, or district, listed on the State or the National Registers ofltistoric Places. Yes X No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks9 Yes X NO ' 8. What is the depth of the water table? ± 0-4' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? X Yes No 10.Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes X No *Site Is pHvately owned; opportunities exist in vicinity. 11.Does project site contain any species of plant or animal life that is identified as threatened or endangered? __ Yes X No According to S/re Inspection Identify each species 12.Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) __ Yes X No Describe 13.Is the project site presently used by the community or neighborhood as an open space or recreation area? X Yes No If yes, explain unauthori~edpedestrian & hunting use observed 14.Does the present site include scenic views known to be important to the community? __ Yes X___ No 15.Streams within or contiguous to project area unclassitiedintermittentstreatn~ Cor~ Creek a. Name of Stream and name of River to which it is tributarylAttlePeconicBav 16.Lakes, ponds, wetland areas within or eontigt~ous to prgject area: freshwater and tidai wetlands a. Name unnamed b. Size (Iff Acres) ~.4~ acres 17.Is the site served by existing public utilities? Yes X No *utilities exist in the vlcinlty a) If Yes, does sufficient capacity exist to allow connection? Yes No b) If Yes, will improvements be necessary to allow connection? Yes No 18.Is the site located in an am'icultural district certified vursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes X No 19. Is the site located in or substantially conti~:uous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 ixPfCRR 6177 X Yes No 20.Has the site ever been used for the disposal of solid or hazardous wastes? Yes X No B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 13.3 acres. b. Project acreage to be developed 3.7 acres initially;. 3.7 acres ultimately. c. Project acreage to remain undeveloped 10.18 acres. d. Length of project, in miles: n/a (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed n/a % f. Number of off-street parking spaces existing 0 ; proposed 6 g. Maximum vehicular trips generated per hour 4 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 3 Ultimately 3 3 i. Dimensions (in feet) ~lll~argest proposed structure: 35' height;~[0' width; 70' length. j. Linear feet of frontage along a public thoroughfare project will occuvy is? 636. 72 ft. 2. Ho:k~much natu,ral,materia! (i.e., rock, earth, etc.),vill be removed from('ffr[t~ns~d) tt tons/cuoic yards. ' 3. Will disturbed areas be reclaimed? X Yes No N/A a. If yes, for what intended purpose is the site being reclaimed? Landscaping/turf b. Will topsoil be stockpiled for reclamation? X Yes No c. Will upper subsoil be stockpiled for reclamation? X Yes No 4. H~w many acres ~f vegetati~n (trees~ shrubs~ gr~und c~vers) wi~ be rem~ved fr~m site? -~ 3.~7 acres. 5. Will any mature forest (over I00 years old) or other locally-important vegetation be removed by this project7 X Yes No A few larger diameter trees, bayberry shrubs, and stripped wintergreen like~ to be removed 6. If single phase project: Anticipated period of construction 6-12 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 __ month __ c. Approximate completion date of final phase __ month __ d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? Yes 9. Number of jobs generated: during construction 4- 30 10.Number of jobs eliminated by this project 0 . . year (including demolition). year. Yes No X No __; after project is complete 0 11.Will project require relocation of any projects or facilities? If yes, explain Yes X No 12.Is surface liquid waste disposal involved? Yes X No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13.Is subsurface liquid waste disposal involved? X Yes __ No Type 14. Will surface area of an existing water body increase or decrease by proposal? __ Yes If yes, explain: Sanitar~ effluent _~_X No 15.Is project or any portion of project located in a 100 year flood plain? X Yes No 16.Will the project generate solid waste? X Yes No a. If yes, what is the amount per month 0,68 tons (based on l$1bs/dwelling/day) b. If yes, will an existing solid waste facility be used? X Yes No e. If yes, give name Resource Recovery Facilit~ location Cutchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? X e. Ifyes, explain Rec~clable will be transported to the at~t~rolJriate £acilit~ 17.Will the project involve the disposal of solid waste? Yes X No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18.Will project use herbicides or pesticides? Yes X No Yes 19.Will project routinely produce odors (more than one hour per day)? Yes X No 20.Will project produce operating noise exceeding the local ambient noise levels? Yes X No No 21.Will project result in an increase in energy use? X .Yes If yes, indicate type(s) electric, fuel oil & or natural gas No 4 22.If water supply is frorl~lls, indicate pumping capacity N/A ~ gallons/minute. 23.Total anticipated water usage per day 900 gallons/day. 24.Does project involve Local, State or Federal funding? Yes X No If yes, explain 25.Approvals Required: City, Town, Village Board __ Yes __ No City, Town, Village Planning Board X Yes __ No City, Town Zoning Board __ Yes __ No City, County Health Department X_._ Yes __ No Other Local Agencies X___ Yes __ No State Agencies X___ Yes __ No Other Regional Agencies __ Yes __ No Federal Agencies __ Yes __ No C, I. Type Submittal Date ,Subdivision May, 2002 Sewer/water Pendlng Town wetlands Pending Wetlands Permit Pending ZONING AND PIAs_NNING INFORMATION Does proposed action involve a planning or zoning decision? X Yes No If yes, indicate decision required: zoning amendment __ zoning variance __ special use permit X subdivision site plan new/revision of master plan resource management plan other What is the zoning classification(s) of the site? A/C What is the maximum potential development of the site if developed as permitted by the present zoning? Propert~ ~telds 4 residential lots What is the proposed zoning of the site? N/A What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the l~roposed action consistent with the recommended uses in adopted local land use plans? Yes X No 7. What are the predominant la~..d use(s) and zoning classifications within a 1/4 mile radius of proposed action? AC;~-40; ResMenttal~ ag?icultural, vacant land 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? X Yes No 9. If the proposed action is the subdivision of land, how many lots are proposed? 3 a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? Yes X . No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? X Yes No a. If yes, is existing capacity sufficient to handle projected demand? Yes No l 2. Will the proposed action result in the generation of traffic significantly above present levels? Yes X No a. If yes, is the existing road network adequate to handle the additional traffic? Yes No D. INFORMATIONAL~TAILS AND WATER SUPPLY NAR~IVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid fhem. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow, water use. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). 3. If public water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name ~ [/~ i/~D ~t~i~ Date Signature ,~_ ~J~,-~ -~. ~ Title IFfothe action is in th.e. Coastal Area, and you are a state agency, complete the Coastal Assessment rm before proceeding with this assessment. 6 (631) 42%5665 FAX (631) 427-5620 N SON& POPE ENGINEERS AND SURVEYORS 572 Walt Whitman Road Melville, NY 11747 TO: Town of SoUthold P.O. Box 1179 Southold, NY 11971 Date: 8-Juno05 Re: Southview Estates Reft N&P Job # 02001 Atin: 1LD. Ref: We are sending you ~-~ Under separate cover X Herewith Pick Up ~'~ X By Messenger (fed-ex) For Your Review & Comment Approval As requested X For your use Bid Submission Quantit~ I Drawing Title [ Sheet No. ]Rev. No. 1 Sketch Plan Application Form 1 Authorization Letter From Prope~y Owner 1 1 Copy of Current & Prior Deeds 1 Long Form EAF =i ~-)Ocb '~W (~U~°~ I Application Fee Check in the amom/t of $1,000.00 5 ERSAP 5 Sketch Plans 5 Yield Plans 5 Exisitin~ Conditions Maps 1 Fransactional Disclosure Form Remarl~: Contact David Zere ~ (631) 427-5665 if there is any further information required. Thank you. Sincerely, NELSON&POPE By: David Zere Project Status Report for Standard Subdivisions Sketch Application Dates Pre-Submission Conference Sketch Application Received Application Fees Paid ERSAPSubmitted ~'~4q~ ~f ~0~ Yield Plan Submitted ~ue?g Concept Desiqn Determined Fire Department Comments SEQRA coordination Landscape Plan Soil Conservation Plan SEQRA Determination SC Plannin,q Commission Referral SC Plannin,q Commission Comments Fire Department Referral Fire Depadment Comments En,qineer Conference Sketch Plan Submission Conditional Sketch Approval Sketch Approval Preliminary Plat Application Dates (6 months after Sketch Plan Approval) Preliminary Application Received Aoolication Fees Paid Referral of Road and Drainaqe Plans Engineer Conference Comments from Town EnR neer Draft Performance Estimate Draft Covenants and Restrictions Draft Homeowner's Association Aqreement Draft Road Maintenance Aqreement Scopin,q Session DEIS Submission Referral of Leqal Documents to Town Attorney Comments from Leqal Department Received FEIS Submission Preliminary Hearina Set Preliminary Hearinq Held Preliminary Headnq Closed Conditional Preliminary Approval Preliminary Approval Final Plat Application Dates (6 months after Preliminary Plat Approval) Final Application Received Application Fees Paid M¥1ars Received (5) Paper Pdnts Received (8) Final Road and Drainaqe Plans Performance Guarantee Received Performance Guarantee to Town Board Final Covenants and Restrictions Final Homeowner's Aqreement Final Road Maintenance Aqreement Park and Playqround Fee Paid Conservation Aqreement Affordable Housinq Fee Paid Adminisb'alive Fee Paid NYSDEC Wellands Permit Received NYSDOT/DPW Permit Received Trustee Permit Received Final Headnq Set Final Headnq Held/Closed Filed Leqal Documents Conditional Final Approval Final Approval Map Endorsed by Chair LWRP Consistency Review Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OV~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 .L nW BOM OFFICE TOWN Or SOUTHOLD Application for Sketch Approval ~PLICATION IS ~BY M~E to ~e Tom of Sou~old Pl~ng Bo~d for S~TCH APPROV~ for ~e subdivision described here~. Name of Subdivision Southview Estates f 1000-087-05-21.4,21.7,:21.8,21.9,21.10 h 21.11 Suffolk County Tax Map # 3. Type of Subdivision Standard [x] Conservation [ ] 4. Hamlet 5. Street Address/ Project Location .qnul'hn I d s/~.Pmin Bayview Road 6. Acreage of Site 14.54 acres g Single Fam±ly Bu±ldin~ Lots 7. Proposed Yield 8. Number of Lots Proposed 3 AC ~/~/n~ 9. Zoning District 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the foilowing people: Donald g. Ryan Applkant: $outhvie~ CustolHomesT~o 18 Lawn Avenue We~ Islip, NY 11795 Agent: Nelson & Pope Engineers & Surveyor~L 572 Walt Whitman Road u~..~,~ ~v !1767 Property Owner(s): Southview Custom HomesTwo, Inc. West Islio. N~ 11795 Surveyor: Nelson & Pope Engineers & Surveyors 572 Walt Whitman Road golvi11~: NY 117A7 Engineer: Nelson & Pope Engineers & Surveyors 572 Walt ~hltmnn Road / Melville, NY 11747 / Attorney: Louis Algios, Esq. Miller'd Rosado,,& Algios~f LLP 200 Old Country Road Suite. 590 Mxneola, NY ll)Ol 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. Yes 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. 14. Has the owner/applicant met with Land Preservation? If so, provide date. n,, 15. Is any part of the property in agricultural use? 16. Is there an existing or proposed sale of development rights on the property? No 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. n/a 18. Are there any building permits currently pending on this property?. If yes, please provide permit number(s). ~Io 19.The site will be serviced by the following special districts or utility companies: Fire District Southold Post Office .q,.,,th,.1,~ SchoolDistrict Southold llF$1} Water SOtA 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. 21. Please indicate the type of open space proposed and how it will be managed? 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? lqo 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. 24. Application completed by [ ] owner ~[ agent Signature of Preparer [ ] other Date . May20,2005 Town ofSouthold P.O. Box 1179 Sonthold, NY 11971 RE: SCTM# 1000-087-05-21.4~21.7 thru 21.11 To Whom It May Concern, I, Donald C. Ryan of Southview Custom Homes Two, Inc., hereby authorize Nelson & Pope Engineers & Surveyors, to act as my agent on the property of SCTM# 1000-087-05- 21.4, 21.7, 21.8, 21.9, 21.10 & 21.11 in Southold, NY, and handle all necessary work involved inthe subdivision proc~qss with the Southold Planning Board. Sworn before me this 20th day of May, 2005 Applicant Transactional Disclosure Form Thc Town of Southold's Code of Ethics prohibits conflicts of interest on thc part of tom officers and ena)lovees. The vumose of this form is to provide information which can alert the town of possible conflicts ofimerest and allow it to take whatever action is necessary to avoid same. Your Name: Ryan, Donald 12 last name, first name, middle initial unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person 's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat x Planning Site Plan Other (Please name other activity) __ Do you personally (or through your company, spouse, sibling, parent or child) have a mlatiouship with any i')fficer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes No x If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant) and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this Signature Print Name~~--~,~ I IMllllllmlllillllllllllllllllllllllllillllll HUFFOLE COUNTY CLERK RECORDS OFFTCE RECORDZN~ PAQE Type o£ Zn~t:zamtan~ DE~DS/DDD ~umbor o£ Pages: 11 TRANSFER TAX I~3MBER: 02-48017 ~000 Deed Amounts section: BZock: 087.00 05.00 EXAM~B~AHD CHARGlmAB $985,000.00 Recorded: 07/22/2003 Atz ~1~39=25 AM LZBER: D00012262 PA~E: 416 021o004 Received the FolLowing Fee, For Above Znstz~uent Exempt P&ge/F~ltng $33.00 NO HandZlng COE $5.00 NO HY8 EA-CTY $5.00 NO RA-BTATE TP-584 $5.00 NO Cert.Copies RPT $130.00 NO Transfer tax $3,940.00 NO Fees Paid TRANHFER TAX I~UMBBR; 02-48017 TJ~H PAGE 18 A PART OF THE ZI~HTR~ Ss.oo NO $15.00 HO $50.00 NO $0.00 NO $0.00 $18,200.Q0, NO $22,388.0o Edward P,Romaine County Clerk, Suffolk County Iked I Maftple Tsx $tamp F F.F.S Canu~ of Ed. ~ OO Allldavit cmir~l Copy Recordin~ / Filiq~ St~np~ Mmtp{e Ami. Ibc Tax 2. Addilieeal Tn~ SubT0ml Spec JAsIil. 0t TOT. MTG. TAX {}ua{ Town Lttml COmlly - I leld i'm Appmlitmineat 'r,,,,,f.,'r,, . 11~e i,,~m..ay eovm~d by this mol~p~,e is m will be improved hy a one or two family dvmlllnI aaly. YES__ar NO -- GRAND TOTAL ~'~1~ O0 ff NO, see appropriate lax clause on paM # ~..~ .... of Ihb imuumat . $ ] RndPmlmmyTaxSe~'i~eA{ns~'VerirKatiun ]6 Commut)it~Preserv'nfionFund / I~CWflAI '.,.~,~-~.~'.vJ'l ,ii #ECORD & R&T~JRN TOs Suffolk'County Recording & Endorsement Page = Thls ,,,,? rt, m~ pm ofthe ~hcd ~e~, ~.~ m~ t~: (SPECIFY ~ OF INSIRUfvg-3~fI.' ) 'lhe premises he~in is situnled in SUFFKR.K COUNfY, NEW YORK. S ~c~'~F/' ~'~-.t~ ~",E~ ~'"~ Vl'~ In.Ibc VII.LAOE /-/~ rr~: "~ ~z~, ~ H~-r of (OVER) Dbtrlct Seeton BIo(:k Lot 1000 087OO 0500 021OO4 1000 06700 0500 021007 1000 08700 O5OO O21OO6 1000 087O0 05O0 O21OO9 1000 O8700 0500 021010 1000 08700 0500 021011 Tax Maps ~hool Dl~flct SO~I'HOLD SOUI'HOLD SOUTHOLD SOUTHOLD SOUTHOLD Doc ID: I 03022981 Sub Di~bion Name 087,00 05,00 021.0~ 021.007 021.008 02L.009. 021.010 021.011 THIS Ihl)KNTUit~ nude the 9 th day ~( Juue , in ~o year 2003 BETWEEN JAH~S STTSESl roo:Ldtn8 at 11185 l~tn Royvtev Road, SouthoZd, NY 11971, 'BEL~AZR~ CASTLE CORP. havin8 J.C principal. ~}.ace of buetneso at 11185 ~n 8a),viev Road, Southold, NY 11971 AND OLD T0V21 ASSOCIATES, i#C., hevtn8 Lte'~rLncJ. pel plJce of bufJ. neBs et 11].85 Hain Royvtev Ro~d, 8ouchold, NY 11971 SOUTHVZSV COSTO~ HCMP. S T140, ZHC.. with ~tm prtu¢tpal plt=e of bus~nese ac 18-13vn Avenue, #eat Xellp, Nov York 11795 SEE ATTACHED SC~ULE TOGETHER wjflj dj ~ht. dde tad intau~, If my, of~e pray otdJe tint Foil ~. h ~ ~ ~ ~ ~ ah~ t~ AND the pm~ o( thc I1~1 pm1 covenants that tho Mu~y or the tint pert Jus om dom ~ m~ ~ w~ ~ ~d Kmbes dave bern Incumbe~d in any wt~ wtma~er, exmpt M ~ofemkL AND tho parl~ o(Ihe rusl pgA, Jn cumplinnce with S(~Jee 12 or ~e Lien Law, camum mae the pefly or the rust pon will llq W1TNF. SS WHEREOF, d~e party of th~ tint por~ Ires duly cxecu~d dda d~d d~ day ~nd ~ar f"~t d~mvc writ~=. ~lhln imu.mL~ nnd ~ m n~ d~z ~ axeculed I tie mn~ in hb,A~Mlu~ gq,~(Jcs), md the ~y hb'haflh~I James, BelXaire Castle Corp. and TO Southvlav Custom Ilomem.Tvo, Xnc, BLOCK L~ ~ARCET. Z SCHEDULE THAT uliKTATN P~OT, PieCE, OR PARCEL OF ~RND, 5X~ATE, LYING, AH$) ~IZNG AT HAYVZEW, ZN TIlE TO#N OF 80UTHOM), ~ OF 6?3F~OLIC At~ ~TA1~ OF NBI¢ YOIIK BEING BOUNDED A)~ DESCrIBeD AS FOLLOWS: BEG3'NHXNG AT A M0~Fu'I~NT SBT ZN THE SOU~IIERLY SXDE OF MAX~N BAYVZBM ROAD AT ~ NORTRMESTH~Ly COIWBR OF LAN~ MOM OR FOitMB~.LY RUNNZNG 13fENCE SOUTIIERLY ALONG LAND NOW OR ie0RMERT-y OF BZ~gO~I TH~ FOLLOWX~ 2 COURSES AND DISTANCES: 1. ~J~rn~ 29 DEeP. nS S? #Xm~raS 20 SzCO~ .J~BT 300.00 FKBTI 2. ~ 35 DBGILEBS 10 MZNUTKS 10 SIECGeIDS .M~ 857.37 FEET TO TH~ HXGH WA'&-nA MARX OF COREY CREEK AS OBSERVED 0~ 2/?/02; : ~.m~.m'C'E XN A QIDIKRAL NOR*flIMESTERLY DXItlECTXC~i' A~OIgG 8AXD IIXGH WATER MARK THE FOLLOWXNG 8 COURSES ~ DZSTANCES: 1. SOUTH 74 DB(~.EES 02 MIFdTES 45 8ECOI]D8 WBST S?.5O FJ~BT; 2. ~C~.TH 76 D~BS 41 MXNIT~BB 52 8ECOHD8 WE5T 29.15 FEBT; 3. ~ORTH 39 D~GILEBS 10 MINUTES 24 8~!~5 WBST 49.48 4. NORTH 04 D~GR~BS 17 M~8 48 BBC~:~'~8 F~.gT 83.30 S. NORTH 30 DKGRBK5 28 MXNUTE8 23 81K~DB EAST 65.?? FEET; 6. ~0~TH 06 DEGREES 32 MX1qUI~S 59 8BCOMDS BA~T '58.02 1P~BT; ?. NORTH 41 DEGRBBS 02 MXNUTBS 34 SBO3~S WBST 21.35 fswx.; e. NORTH X5 D~m~ES 51 #nrdTHs 33 sEcoems .~s~ 2.4x F~T; THENCB N0~Tii 43 DEGRRE$ 00 M/NTA~s 00 BBCOND~ RAgT 718.60 FELT; -~LwsaTCB NORTH 29 D~3REES 57 MINUTES 20 SECO~E)S EABT 300.00 w]s,;~- 70 SXDB OF MAXN BAYVZNO ROAD; TtlBNC~ ~ E0 D~(3REmS 02 M~NUTE8 40 BuCOL~ff)S RAST AY~qO ~HE NO~Y SXDK OP MAXN BA~%rTBN ROAD 50.00 FBET TO A MONUMENT 8ET AT THB TOXM? OR PLAC~ OF FOR ~]flq~lMATZO~ OHLY; DXHTRXCT 1000 S~CTXC~i 08?.00 BLOCK 05.00 LOT 0'J1~004 ::'....,. ~e~ dated 1'/21/60; ·recorded ~/16/60 Xn Libe~,,'4810 cp 71, deed-dated."4/29/gh;.. ' ~ARL"BL 'r'rt ALI, THAT CERTAIN PLOT, I~ZBCE, OR PARCEL OF LAND, STTTJ~TB, LYXIK3, AMD BBXJKZ AT RAYVX~W, IN ~ TOIQ; OF 80~L3(O.LD, COUNTY OF STJF~fOLIC AND STATE OF MBW YORK BBXHG BOONDBD AND DEGCRXBBI) AS FOLLOTdS: · ~Ue(CB NORY~ ~.0..D,~fJ 02 MINUTES 40 SBC0eJD8 ~BGT 74.97 FEET; THENCE NOR'X'H..2.5_.I)BG~.BBS 2*X HXNUTBS 30 SBCt~el~S EAST 301.04 FEET TO 'X'HE 8OUTII~Y SXDE OF IGI'N BAYVZB~ ROAD; THENCE ~)OTH 60 DBGi;~BS 02 MXNU'~8 40 HBC0~ EAST ~ THE SOO'X'dBILLY SXI:)E OF MAXN BAYVX~I~ ROAD 99.97 ]F~ET TO Ti~ IN)XNT OR rnLAC~ OF BEOXIOfXNO. FOR XNFOI~J4ATTO~ OWl,Y: DZSTRXCT 1000 8~"rxc~ 087.00 'BLOCIC 0S.00 LOT 022..008 BEXNG A3D XIITE'dl)ED TO BE the Bm pceuieee conveyed co the srantor herein by Deed dated 12/10/96, recorded 12/30/96 in Liber 1180~ cp 769 ~IU~ XXX ALL THAT C~tTAXN I~.OT, PXKCB. O~t PAR~L OL~ LAMD, 8XT~TA~B, LYZ~3, ~ BB~ AT BA~I~ZEW, :XN THe ~ OF SOql~HOLD, (~fdJ~X~ OF SUFFOLK ~ STATE OF ~ YOP~C BEXMCJ BOOH:~D AMD DBSC:RXBBO AS ;OLLOH8~ BEXI~GAND XNTENDED ~0 BE the 8mne premXeee conveyed to the 8EnnCor hereXn b~ Deed dated X2/18/96, recorded X2/30/96 Xn LXber Ixe08 cp 302 PARCEL IV: ALL TP. AT CERTAIN PLOT, p~rscB, OR PARCEL OF LAND, SITUATE, LYXNO, AND BBZNG AT BAYVISW, Xtl THE TOM~ OF 8OqJTIG3LD, COUNTY OF SUFFOLK AND STATE OIP HEW YORK BmZMG BBGXI~r-MG AT A POINT OM THE SOUTliB~LY SXOM OF HAIN BAYVTBW ROAD DISTANT FEET WESTERLY FROM THE NORTHMESTBP. LY CORNet OF LAA~ HO# OR FORI4BP.~y OF BI)SCM; Rv~miltm TNEtrcE SOUTK 20 DSGNEES 29 #xmrfBs 40 sscmms WEST 304.14 WEBT; THENCE NORTH 60 DE~3REE8 02 HXI~TTBS 40 8EC~:~8 NEST X2S.00 FEET'; TIIBNC:E m is DEGREES SS NTb~-~a,: l0 SBCOJ~H EAST 309.23 FEFF TO ~ 8OUTfIERL¥ 8XOM OF MAXN RAqZVZRM ROAD; '~d~Cm SOUTH S0 DE~IBE8 02 MXtEJ'TEH 40 S~::C~)S E~gT ALGe~ THE SOUTHERLY STDK OF MAXN BAYVXEW ROAD :XS0.00 FEET TO THE POTNT'OI't PLACE OF FOR ZMF0~J4ATXOM O~LYs DIS'fltICT 3.000 SECTXON *007.00 BLO~K 05.00 LOT 023..007 BEING AND XNTEHI)ED TO BE the same premises conveyed Co the srenCor hmrein by deed deCed 12/1o/g6, recorded 12/11/96 in Liber 11805 cp 768 PARC'gL V: ALL THAT CERTAX~ I~OT, .eXECS, OR PARk"EX, OF LAND, SITUATE, LYXNG, AMD BEXMG AT RAX~XRIE, 1'# THE TOWN OF SoT;'rsor.n, C~J~Y OL~ 8OYFOLIC AN~ 8TATS OF MEW YORK B~X~3 Bgt3ZNN"~NG AT A POINT ON -l~i,b~ ~OUTH~J.,Y EIDE OF 14AZN BAYVZ~W P. OAD D'rSTANT 449.97 rEEF UEETERr.y FRG~ TH~ NORTHWESTERLy CORNER OF LAND NOW OR I'OIUmRL¥ BDSQK; RUHNXNC3 'FHBH~ SOTJ"~ 'tS DEGREES SS HXNTJ'TEE :3.0 8ECOHDS 1JEST 30~.'J3 FEET; ~ I'~ORTH 60 DEGPJEE 02 NX]WTEE 40 8EC:~WS ii'ET X68.$S FEET: ' TI~N~B NORTH 49 DBG~uun 00 MZI(UTB8 00 EBC(BIE)S BAST 88.3C lPBET; ~ J~:~TH 10 DIddlES. 00 14~HUTBE 00 EuCONDS BAST 230.29 FEET TO -~ SO~-n~aLy 8ZDE OF M]~Z~r BAYVZBIf ROAD; T'rl~K~B 8GG'TH C0 DIgGiEKE 02 M3.a~;A-~E 40 BEC~b~S BAST ALG~G ~s 80UTHERLY SXDE OF MAZI~ BAYV~I~ ROAD 143.42 FEET TO ~HB FO~NT QI~ PLA~E OF FOR ~NFOPJ4AT2;ON G~LY= DIETRZ~T ~.000 EB~TTON 087.00 BLC~K 0S.00 LOT BETNG AND ZNTEHDED TO BE the e~me preu~eee couveyed to the sranCor hereLn b7 Deed dated ~2/18/96, recorded 12/30/96 in LLber 11808 cp 303. I)A~L VI z ALL ~HAT CBRTAZM PLOT, PXBCB, OR PARCEL OF LAND~ 5XTUATB, LYXNG, AND BBX~G AT BAYVXEM, XN THB TOq~ OF ~OUTHOLD, C(~,3NTX OF SUFFOLK AND STA'L~ OF ~SW YORK BI~INCJ BOUNDED AND DESCRXBED AS FOLLOWS: BBGZmqXNCJ AT A PC~XIGT Ge; THE SOUTHBRLY SXDB OF HAZN BAYVXuU ROAD DX~TANT 593.39 FEET WESTERLY FROM T'dB NORTHIfBSTBRLY COJO~R OF ~ NOM OR FORNEILLY OIP BDSO~; RL~4NING THBNCE SOU'AI :2.0 I)KG~E5 00 MXNTJTBq 00 SECOnd3 M~~T 230.29 FBL'T; I ' THXHCE SOU"ALI 49 D~GREK5 00 KZ~JTE5 00 SECONDS MBST 88.36 FBL'T~ THE~CB SOUTH 50 DEOP. BES 02 MINUTES 40 SECONDS BAST 493.~S2 FEETI - ' THENCE SOUTK 48 D~:~BE5 00 MZHUTB8 00 SBCC~.I~8 WEST 7],8.50 la,BT TO -~us IITGH M/L~'Sit MARE OF CORKY CRBBK OBSERVED ON 2/7/03; 'A'msri~E TN A GENERAl, HORTHNSSTERLY DIRECTION AL4~iG THE HTGH I~A'A'J~ HARK OR COltEY CRBEK OBSnVBD ON 2/7/03 THE FOLLOWZNG 3.0 COV~tSBS AND D:I;STAMCKSt 3.. ~ORTH 3.6 DEGREES 53. MI~OTHS 23 SECC~E)S W~ST ],26.'75 FEFF; '" · .' " 2. NORTH 24 DEGREES 39 MX*kU-.L-K,~ 02 S~14~g ~T 59.96 3. SOUTH 75 DEG~KE~ 20 M'rNuTE5 S8 SECONDS ~ X7.91 FELT; 4. MORTII 0S D~GItBBS 58 MXNUTBS 37 SuCONDS FJLgT 79.33 Fli]b~; 5. HO~.TH 2], DEGRBB8 34 MINUTES 04 SECONDS MBST 12~1.66 6. NORTH 4], DEG~BES 2,6 N3~HUTB~ 32. ~ ~ST 33.2.70 7. NOR'X'K 47 DB(~ '13 M,Zau-,rm5 23 SB(~ WEET 65.X8 8. NORTH 25 D~3P, BES 23 MINUTES ],8 HKC:G~DS WEST 3],.5~ ras~r; 5. NORTH 12 DEOR~B$ 00 H~Z'BS 27 SK(~C~D~ ~A~T 66.64 FBBT; 10. NOXTH 3.8 D~GI~BS 56 H~ILr. L'J~ 30 KIBC0~DS EAST 3.4.70 FEET TO LAND NOff OR FORI~'P~y OF P~;BCZOTTA; :~CB ~I~ A GBlfBILKL WESTL'RL¥ DXRBCTXON ALONG LAND NOH C~. FORN~tLY OF PZ$CZOTTA -&-ms FOLLOHZNG 7 COURSES AHD DZGTANCBHm SOUTH 64 DBGRBE8 47 MZM;:~ 00 S:BCC~D~ RAST 21,00 FELTi SOUTK 04 DEGRBB8 00 MXNUTBS 00 SE~S BAST 70.00 FBBTi NORTH 86 l)B43P, BBS 00 M:I;IML~L-md 00 SBC(~e~OS EAST 80.00 IFB~T; -LEGAL DmmC:EXETXON C(~TXNt~D 4. ~ $8 D~ES 30 MINUTES 00 SECO~I~ EAOT 70.00 FELT; 5. NORTH ?? DEGREES 44 MINUTES 00 SBCO~DS BAST 10~.92 ~ne;z-; 6. SO~TH 82 DBORE~S 42 MZNUT~S 00 SEO0~DS BAST 62.59 FEET~ N0~TH 49 D~GRBKS 00 MTNUTE8 00 SECONDS RAST 1~4.86 FELT TO Id~ND ~ OR FOPJ~qtLY OF MZDDLL~FO~ AND : THBNC~ NORTH 20 D;E8 00 Hbt;~'sS 00 SSCOHDS ~A~? ALOtiO LAND NO~ OR FOIO(BRLY OF MTDDLBTO~ AND ~OHES 230.00 r~,- TO THE SOOTHR~LY 8Z~ OF NATN BAYVTBW ROAD; ~ EASteRLY ALONG ~ ~Y BZDE OF MA.TN BA~q~ZEW ROAD THB FOF.,L~rZ~3 2 1. SOUTK 64 DFdI~ES 07 Ml~d~,-~sS 00 BBCONDS EAST 9.67 2. SOUTI! 60 DRGRBES 02 MZNUTB~ 40 BECONDS KA~T 43.33 IPB~T TO THE FOR TNFO~NATZO~ O~LY~ DZS~ItZCT 1000 S~CTTClf 087.00 bLOCK 0S.00 LOT 021.000 BEING AND ZNTENDED TO BE the same premie~s conveyed Co the grantor here~u by Deed dated 1/21/60, recorded 5/16/60 tn L~ber 4810 cp 71) deed dated 4/29/9~, recorded 5/17/9~ in L~ber 11677 cp 69° deed dated 6/~/94, recorded 6/8/9~ ~n L~ber ~680 cp 230 and deed dated 8/~/80, recorded 10/18/9~ ~n Liber 11698 cp 788. HERRY J. S. BM~GERT residing at 8 The Rise, Woodbury, New York, and RFIH C. HERING residin~ at 89-60 164th Street, Jamaica, New York, JAMES BITSES residing at Lighthouse Road, Southold, New York, part y oftheseeondpatt, ~VITNF/SS~I~-I, that thc part ies of the fitwt part, in consideration of Ten ($10.00) ........................ .Dollars, ~in2 ~f Main_Bgyview Road, 2 courses, as follows: (1) North 60° u2'~0 West 636.72 feet to a montnuent; and (2) North 64o07, West 9 then southwesterly about 350 feet to meadow of Terry Estate; thence courses, as follows: (1) North 35o10,10'' East 970 feet, more or RIGHT OF WAY BEGINNING at a point e~ t'ne northerly shore of Corey!s Creek ad- joining salt meadow ef William Victoria a~d running thence north- easterly through a concrete monument about 150 feet to a concrete monument on the eacterl~ side of a s~all island; thence southeast across other salt meadow about 21 feet to a concrete monument and a larger island; thence along the shore of the last described island southerly, then southeasterly, then easterly, then northeasterly, about 350 feet to a concrete monument; thence easterly across salt meadow about 75 feet to a concrete monument and land of Bangert and Hering (all of the above described cotnmses being along land or meadow of said William Victoria); thence along the upland south- westerly, then southeasterly, then easterly, about 425 feet to a concrete monum~ent; thence southeasterly across salt meadow and through a concrete monument about 70 feet to a gutter; thence along said gutter southwesterly, then southerly, then westerly, about 200 feet to Corey Creek (all of the last seven courses being along land or salt meadow oI' Bangert and Hating); thence in a general northwesterly direction along the shore of said Corey Creek about 400 feet to the point or place of beginning. ~UB~CT to covenants and restrictions of .record, if any. Tha~ in compliance with Section 13 of the Lieu Law the grant.rs will receive the con- sideration for this conveyance and will hold the right to receive such consideration as a trust fund w he appli.d first for the purpose of paying the cost o£ the impwvement, and that he will apply the same first to the pasxnent of the cost of thc improvement I~fore using any part of the total of the same for any other purpose. IN ~/ITNF:SS ~{ERi{OF, the part ::l. es o[ the fl~t par~ have hand~ and seal5 the day and year first above written. IN THE PRESF~ICE OF Henry W.So~ange~ ~nd Ruth C. He~ing 14-16-2 (2/87)-7c SEQR 617.21 · AppendixA . State Enwrenmental Quality Review FULL ENVIRONMENTAL A~JSESSMENT FORM Puroose: The full £AF is designed to help apolicants and agencies determine, in an orderly manner, whcPa?r a project or action may be significant. The qucstinn of whether an action may be si.~nificant is not always easy to answer. Frequently, there are aspects of a project that arc subjective or unmeasureable. It is also understoocl that Yhose who determine significance may have little or no formal knowledge of the environment or may be technically cxpett in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concern affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can bc assured that the .d~crm~.atio~n p, mcess has been orderly, comprehensive in nature, yet flexible to allow introduction of miormanon to nt a project or action. Full EAF Components: The full EAF is comprised of three parts. Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that tal~es place m Parts 2 and 3. Part 2: Focuses on identifying thc range of p. ossible imoacts that may occur from a project or action. It provides guidance as to whether an imoact is likely to'be considered small to moderate or whether it is a potentia-lly-large impact. The form al'so identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or nor the ~mpact is actually important. DETERMINATION OF SIGNIFICANCE - TYPE 1 AND UNLISTED ACTIONS ~ Identify the Portions of EAF completed for this project: X Part I Part 2 Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance or' each impact, it is reasonably determined by the Icad agency that: A. Thc proiect will not result in any large and important impact(s) and, the.refore, is one whic. h -- will not have a significant impact on the environment, theref6re a negative declaration will be prepared. __B. Althp~ugh the._proiect could have a significant effect on the environment, there will not be a signincant ettect ~'or this Unlisted Action because the mitigation measures, described in PART 3 have bean required, therefore n CONDITIONED negative declaration will be prepared? C. The project may result in one or more large, and important imvacts that may have a significant -- impact on the cnvirnnment, therefore a positive decraration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions $oathvlew Estates ~ $outhold Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer If different from responsible officer) Date PART 1 - PROJECT INFORMATI~I~ Prepared by Project Sponsor NOTICE: This document is designed to assist in detern)ining whether the action proposed may have a s}gnifieant effect on the environment. Please~ qomple,te the e~ire form, P, arts,A th/o~u~,h ,E. Answ~ers. to these questions will be considered as part of the apptication [or app. rovat an,a ,m. ay oe s,u,b~ect to ,tur[.her verification and public review. Provide any additional intormafion you oetieve wit~ t~e neeued to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new sfudies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAIV~ OF ACTION $outhview Estates ~ $outkold LOCATION OF ACTION (Include Street Address, Municipality and County) S;/s/o Main BaFvlew Road, across from Victoria Drlve; Hogs Neck NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE $outkvlew Custom Homes, ln~ ADDRESS 18 Lawn .4venue CITY/PO STATE ZIP CODE West lslip NY 11795 NAME OF OWNER (If different) Same us above BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION The appllcont proposes the subdivision of a 15.$ ac~ parcel into four residential lots with the following lot siges: 1. 97 act~ 1.47 acres, 2.42 acres and $.44 acres..4 single gravel delveway will provlde access to the Individual lots and a common ace~ will be provided to the waterway. A total of 8.46 acres of the overall site will rernaln natural following developestnt. The s#e I is currently comprised of six tax lots (1000-87-05-21.4, 21. 7, 21.#, 21.9, 21.10 & 21.11) and the o~rall yleld of the property is Sresldentlallota Thesileis~oned~lCAgrlcultundConsesi, atlonwhlehdeesnotprohlbtttheproposedus& Please Complete I~acla Question - lnflicat~ N.A. 1I-not applicable A. SITE DESCRII~TION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: __Urban Industrial Commercial Residential (Suburban) __Rural (non-farm) X Forest Agriculture Other 2. Total acreage of project area: 13.3 acres APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested * 7.85 acres $.98 acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or Tidal as per Articles 24, 25 of ECL) $.45 acres $.45 acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) graveldrlve acres 0.39 acres Roads, buildings and other paved surfaces acres 0.32 acres Other ~Indicate type) lamdscaping/turf acres 3.93 acres · includes small barren areas 3. What is predominant soil type(s) on project site? a. Soil drainage: __ X Well drained .__ Poor drained 41 % of site; X Moderately well drained $9 % of site; % of site 2 b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? N/,4 acres. (See 1 NYCRR 370). 4. Are there bedrock outcropp, ing on ;~rojeet site? Yes X No a. What is depth to bedrock? N-/A (in feet) 5. Approximate percentage of proposed project site with slopes: X 0-10% 100 %; 10-15% 15% o r'"~at er 6. Is project substantia~y_contigu_ous t~o4 or contain a building, site, or district, listed on the State or the National Registers otHistoric Places. Yes X No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Yes X No 8. What is the depth of the water table? ~- 0-4' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? X Yes No 10.Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes X No *fi'Re Is pri~tely ownet~' opportun#les ~dst in vicinity. ll.Does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes X No According to $/te Inspection Identify each species 12.Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) __ Yes X No Describe 13.Is the project site presently used by the community or neighborhood as an open space or recreation area? X Yes No ffyes, explain unauthorl~edpedestrinn & hunting use observed 14.Does the present site include scenic views known to be important to the community? __ Yes X__ No 15.Streams within or contiguous to project area unclusslfledlnterrnlttentstrearn~ Core~ Creel~ a. Name of Stream and name of River to which it is tributary/,/tt/e Peconic Ba~ 16.Lake. s, ponds, wetland.areas within or contigu, ous to prgject area: freskwaterandtidalwetlands a. ~ame unnamea b. Size (Iff Acres) ~.4.~ acres 17.Is the site served by existing public utilities? Yes X No *ut///t/es ex/st in the vicinity a) If Yes, does sufficient capacity exist to allow connection? Yes __ No b) If Yes, will improvements be necessary to allow connection? Yes No 18.Is the site located in an aexicultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Yes X No 19.Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 X Yes __ No 20.Has the site ever been used for the disposal of solid or hazardous wastes? Yes X No B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 13.3 acres. b. Project acreage to be developed 3.7 acres initially; $.7 acres ultimately. c. Project acreage to remain undeveloped 10.18 acres. d. Length of project, in miles: n/a (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed n/a % f. Number of off-street parking spaces existing 0 ; proposed 6 g. Maximum vehicular trips generated per hour 4 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 3 Ultimately S 3 i. Dimensions (in feet) o~l~argest proposed structure: 35' height;~0' width; 70' length. j. Linear feet of frontage along a public thoroughfare oroiect will occuov is? 63~ 72 ft. 2. How_much natural material (i.e., rock, earth, etc.) will be removed from the site. -+.0 tons/cubic yards. 3. Will disturbed areas be reclaimed? X Yes No N/A a. If yes, for what intended purpose is the site being reclaimed? Landscaping/turf b. Will topsoil be stockpiled for reclamation? X Yes __No c. Will uppar subsoil be stockpiled for reclamation? X Yes __No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? d: 3.17 acres. 5. Will ~,y mature forest (over 1,00 years old) or other locally-important vegetation be removed by this project. X Yes l~o A few larg~ diameter tree~, bayberry shrubs, and stripped wlnt~green likely to be removed 6. If single phase project: Anticipated period of construction 6-12 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 __ month __ c. Approximate completion date of final phase __ month __ d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? Yes 9. Number of jobs generated: during construction · 30 10.Number ofjobs eliminated by this project 0 year (including demolition). year. Yes No X No ; after project is complete 0 11.Will project require relocation of any projects or facilities? If yes, explain Yes X No 12.Is surface liquid waste disposal involved? Yes X No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13.Is subsurface liquid waste disposal involved? X Yes No Type Sanitar~ effluent 14.Will surface area of an existing water body increase or decrease by proposal? If yes, explain: Yes ._~_X No 15.Is project or any portion of project located in a 100 year flood plain? X Yes __ No 16.Will the project generate solid waste? X Yes No a. Ifyes, what is the amount per month 0.68 tons Coasedonl$1bs/dwelling/day) b. If yes, will an existing solid waste facility be used? X Yes No c. If yes, give name Resource Recover~ Faelllt~ location Cntchogue d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? X e. If yes, explain Re~. clable will be transported to the appropriate facilit~ Yes 17.Will the project involve the disposal of solid waste? Yes X No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18.Will project use herbicides or pesticides? Yes X No 19.Will project routinely produce odors (more than one hour per day)? Yes 20.Will project produce operating noise exceeding the local ambient noise levels? X No Yes X No 21.Will project result in an increase in energy use? X Yes If yes, indicate type(s) electric, fuel oil & or natural gas No No 4 22.If water supply is fro~!l~ells, indicate pumping capacity 23.Total anticipated water usage per day 900 gallons/day. 24.Does project involve Local, State or Federal funding? Yes If yes, explain gallons/minute. X No 25.Approvals Required: City, Town, Village Board __ Yes __ No City, Town, Village Planning Board X__ Yes __ No City, Town Zoning Board __ Yes __ No City, County Health Department X__ Yes __ No Other Local Agencies ~ Yes __ No State Agencies X__ Yes __ No Other Regional Agencies __ Yes __ No Federal Agencies __ Yes __ No Type Submittal Date Subdivision May, 2002 Sewer/water Pending Town wetlands Pending Wetlands Permit Pending C. ZONING A.ND PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? X Yes No If yes, indicate decision required: zoning amendment __ zoning variance __ special use permit X subdivision __ site plan new/revision of master plan resource management plan __ other 2. What is the zoning classification(s) of the site? A/C 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Propert~ ?gelds 4 residential lots 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans9 Y-es X No ' 7. What are the.~edao~inant land use(s.) and zoning classifications within a 1/4 mile radius of proposed action? AC;R-40t Residential, agiffcultural, vacant land 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? X Yes No 9. If the proposed action is the subdivision of land, how many lots are proposed? $ a. What is the minimum lot size proposed? 10. Will proposed action require ~y authorization(s) for the formation of sewer or water districts? Y es X No 11.Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? X Yes No a. If yes, is existing capacity sufficient to handle projected demand? Yes No 12.Will the proposed action result in the generation of traffic significantly above present levels? Yes X No a. If yes, is the existing road network adequate to handle the additional traffic? Yes NO D. INFORMATIONAL~ETAILS AND WATER SUPPLY NAI~ REQUEST Attach any additional information as may be needed to clarify your project. If there arc or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water usc; compare to proposed use, occupancy, structures, sanitary flow, water use. 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). 3. If public water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. // Applicant/Sponsor Name ? bq i/~D Z~ Date ~'/'~/~9 Signature ~--,~,,~...o. 4, ~ Title ?~r~.~J~/~.,t~_7~_~~-- ~fothe ?.tioa i~ in the. Coastal..Are~, and you are a .~t~te ageaey, complete the Coastal rm oemre proeee~hag with thru ~seument. Date: * * * RECEIPT * * * Receipt~: 3910 Transaction(s): 1 1 Application Fees Reference Subtotal §7-5-21, $1,000.00 Total Paid: $1,000,00 Name: Clerk ID: Southview, Estates Southview Custom Homes 18 Lawn Ave West Islip, NY 11795 PLANNING BOARD MEMBER9 JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM RECEIVED To: From: Date: Re: Elizabeth Neville, Town Clerk Planning Department April 20, 2006 Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM # Amount Check Type # Southview Stand. 87-5~21.4, 87-5-21.7 $1,000.00 3910 Estates Sub. thru 21.10 Preliminary Appl. Fee enc~s). PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADD~: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Elizabeth Neville, Town Clerk Planning Department April 20, 2006 Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM # Amount Check Type # Southview Stand. 87-5-21.4, 87-5-21.7 $1,000.00 3910 Estates Sub. thru 21.10 Preliminary Appl. Fee DONALD C. RYAN CARMELA RYAN 3 9 1 0 18 LAWN AVE. WEST ISLIP, NY ~:0 8 ~0000 B ~:SO & ~ONEBN Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 07/01/05 * * * RECEIPT * * * Receipt~: 1740 Transaction(s): 1 1 Application Fees Reference Subtotal 87-5.21. $1,000.00 Check#:1740 Total Paid: $1,000.00 Name: Clerk ID: Southview, Estates Southview Custom Homes 18 Lawn Ave West Islip, NY 11795 LINDAC Internal ID: 87-5.21.4, ,7-.10 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk From: Planning Department JUL 1 2005 Date: July 1, 2005 Southold Town Clerk Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM # Amount Check Type # Southview Stand. 87-5-21.4, 87-5-21.7 $1,000.00 1740 Estates Sub. thru 21.10 Sketch Appl. Fee enc(s). PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD M~II.ING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Elizabeth Neville, Town Clerk Planning Department July 1,2005 Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM # Amount Check Type # Southview Stand. 87-5-21.4, 87-5-21.7 $1,000.00 1740 Estates Sub. thru 21.10 Sketch Appl. Fee SOUTHVIEW CUSTOM HOMES INC. 18 LAWN AVE, PH. 516-893-0982 WEST ISLIP, NY 11795 1740 DATE PAY O.DE.O.