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1000-79.-8-18.1
LOT 1 ROTrvNSON ROAD PROPOSED SEPTIC SYSTEM DETAIL \ / II (NOT TO SCALE) 1/ HOUSE TOP BURIED F.D- 13.0• 4' DEED mar. FINISHED GRADE EIEV. 111 FINISH CRACK PRECAST REINFORCED CONCRETE CC: 2edi°. LOCKING. WATERTIGHT & INSECT PROOF PEV I= BURIED 1' DEEP min. T DEEP max. CAST IRON COVER TO GR.•ff DISTRIBUTION POOL `t+z• MIN O tlp 20'mlo O'mia MIN. 4' die. . TOP EL 9.3' 5 OF A 3 POOL SYSTEM APPROVED PIPE APPROVED PIPE sE PRCHm 1 4' 1' TOP DF/. ]21 PRCHED 1/6'/1' fi' 1 e°O N Is ]' CLEAN W. EL INVERT 3- o SAND 9.3' a, 5e: INPERT COLIAR ELEV.g..L a EIEv.LE C • `. 3'' e m 1o� p<a� - ,.SUBJECT i ' M NORM arrow Rao . PREMISES —B. u BFI°NGo 3_ CRF—nO�N�WATER SEPTIC TANK (1) O 1. MINIMUM SEPTIC TANK CAPACITIES FOR A I TO 4 BEDRDDM HOUSE IS 1.00D GALLONS. 1 TANK: 6' LONE, aWE WIDE, MC DEEP 2. CONCRETE SHALL NAVE A MINIMUM UMMOF 3. A STRENGTH OF 3,000 poi AT 28 DAYS 9 J. WALL.THICKNESS sH41 BE A MINIMUM OF 3. A TOP THICKNESS OF 6' AND A BOTTOM Tx6:KNEss of 4' LEACHING POOLS (3) �,,ppro x ALL WALLS, B070M AND TOP SHALL CONTAIN REINFORCING TO RESIST AN APPLIED FORCE OF 300 at as" 5 4. ALL JOINS SHALL BE SEALED SO THAT THE TANK IS WAT GK. 1. MINIMUM IE.ACHMG SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA 1-4 "4 5 THE SEPNC TANK SHALL BE INSTALLID AT LEVEL IN ALL DIRECTIONS (WITH A MAX TOLERMNCE OF 11/47 3 POOLS: 4• DEEP. 6' do. ON AH.,MINIMUM 3• THICK BED OF COMPACTED SAND OR PFA GRAVEL 2 LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) O 6. A min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MNMAINEO. LEACHING STROCNRES, SOLID DOMES AND/OR SLABS. ((�T a 3 ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL) 1 4. A 10' min DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SH UT BE MNMAINED. 5 AN 6• min. DISTANCE BETWEEN ALL LEACHING POOLS SHALL BE MAINTAINED.I hereby certify that the water supply(s) and/or sewage disposal systems) for this project B. AN 6- min. DISTANCE BETWEEN ALL LEACHING POOLS AND SEPTIC TANK SHALL BE MAINTAINED. W Were designed by me or under my direction. Based upon a careful and thorough study of the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County 1--i Department of Health Services tandards in effect as of this date. Q o CENT °H `:' e KEY MAP a. BENCH RDD �v JVN DF< --- _-...,....'..,..- ___ _ N _ u �n SCALE 1 ;5��Ob' * - ff'` TYPICAL PLOT PLAN (NOT TO SCALE) F _ . P ; ' PROPFRNU �uN 1 o zoos STANDARD SUBDIVISION �.� EI GIJ Tr TI FOR THE PROPERTY OF . Dss 1 11 1 1 1 'I Yl9rm,,'maid ' ��� I 111 1j1111 I .>s e xDD l i �, ,.0 _ % "CLAN 8r, ELLEN WEXLER ya� •A•� Ip 1- THE EXISTENCE OF RIGHT OF WAYS 3r tlN�j a. .-j%, 6 r 59'[ 1 \ V AND/OR+.E�$EAIENT 'Ck"72ECORO;,,,LF•. ._��.•'"-'• s S' O�f ,;t "`' l 3 V\ c / I j i \I \1 \\ I ANY, NOT SHOWN ARE NOT GUARANl� SITUATED AT 1�>s,3?/�/.giro . I dpi / i lI ' i� t .s.• --a w � ° ' /,' - WS BAYVIEW �? ' D°,W�° ° BY UHERSBFRCERTIFY AC"5DR"EYMAP M�E MADE TOWN OF SOUTHOLD \ / % i / I % I / 1 xause SEPTEMBER 12, 2001 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: IIIHEREON QS ACTUALLY EXIST AND THEIR POSITIONS ARE SUFFOLK COUNTY NEW YORK 7, - •A YT / �y' CORRECTLY SHOWN AND ALL DIMENSIONAL e �/ '.fJi. / ,�' / I /� F - 9 AND GEODETIC` DETAILS ARE CORRECT. S.C. TAX No. 1000-79-08- 18. 1 WEIR aiAr�K '/AG�/7/_. I, LEACHING ' SCALE 1 "=50' O F.., .rs:� ', r l4 ,:xD� '.i.' 3 .b \oi �'�5'•/I; \,ao •a> I I �I .�,� A .� Pools I I BY °4Oo 1? ' - .''/ ' i �..9ad + •° I� 11 \ d lo' B• J THIS IS To NTHE SUBDIVISION PLAN HAS BEEN APPROVED SEPTEMBER 12, 2001 /a js]k ,,,. I, '$+M+ '�'� - � _ _�.+__ � ��' � �s ♦k,. , SAI BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION JANUARY 10, 2002 ADDED TOPOGRAPHICAL SURVEY +Ary,, ,`_� u�„o, r /To,.�,,� I - PIPMI"3 N OF APPROVAL DATED APRIL 9, 2003 ADDED PROPOSED GARAGE "O°''e p3 '.E* - °N / /i ''-,' \ ;.' ' j�,� i '"p SEPTEMBER 11, 2006 SUBDIVISION O*wce # \ ''•£' ` `Y;, �' / % �`� -1 y\ �' -a-'iin` 'Y'' I ,az o '> R� NOVEMBER 22, 2006 ADDED PROPOSED SEPTIC SYSTEM ON LOT 2 i6-,,, ++=' �.+ a.;. off-' '°"^+wD ' �` /'ra.• RAa I TEST HOLE DATA MARCH 6, 2007 REVISED TO STANDARD SUBDIVISION (TEST HOLE DUG BY McDONALD GEOSCIENCE ON AUGUST 23, 2006) a,k .. o . . . /- _-- - �.-' / �uD,, � ,- / I�� CHAIRMAN PLANNING BOARD DECEMBER 4 2007 REVISED AS PER PLANING BOARD LETTER ` y5',-1 - ------- i EL 10J' o• EM FEBRUARY 15, 2008 ADDED NEW SEPTIC ES)(5TEMb rr,, Nr' ]F— 1L5 •. (1 F• / / '/ - \�1D' �' — �-•99 \,y5 RW 1 CIRK BHtl.YH LOMI OF 1lC 1 - — _ c„oy 3�gy V•"�A'A' S' gUF . . T _-' _/�� _-' / / 05' NOTES r,1 - --- j AU PNE BROWN Sar uL 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM ca - f/ xs / .v / �1 5 EXISTING ELEVATIONS ARE SHOWN THUS:DaO i� t Taal S?1,17 3• EXISTING CONTOUR LINES ARE SHOWN THUS: -------10------- T --- ----- '_A LOT 2 Y {S O O 2. U.S.D.A. SOIL CONSERVATION SERVICE SOIL TYPE CLASSIFICATION: - `� ED //\ N PIB - PLruOum LaMY sw0. s ro e EExcmr SORES DATA / _ �{ D Sa �. -' too' Ii O\ S� FNE 6RDWN ERIC as GO CW91 AND PMO M SWDS. 15 Ta 35 PERCENT sUsse �\ �� � �. W000 / , ,w , s - I ZO' LWL gay TO COURSE SAND ROB - wNdb.w SNMw Ina.5 m e sENrF r pl ^ '� \-------- \r - .AL2 11% a $`cv4' 83,452 sq. ft. 1s Ew"-' / Q 3. FLOG ZONE INFORMATION TAKEN FROM: PARCEL 1 / ,I .ys "C,� D. te' FLOOD INSURANCE RATE MAP No. 3610300167 G 1.916 ac. I' � •' ~ '�` /' \, LOT 1 ' +'�/ / '' \\ 1 b m.a ZONE AE: BASE FLOOD ELEVATIONS DETERMINED _ ,/ _ / }% 1' , / 1 TTAO♦ ^V' 83,1.9 s ft. O° '.l. �e• / •� ZONE %'' AREAS OF LESS YEAR ROOD, AREAS OF 100-YEAR FLOOD WITH AVERAGE PARCEL 2 q yNp-11� •� ` 1 DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1.916 OC. 3gA 'to CO \ to `- \_ �=• ` \ \ \ '/ b,o26 DO I n; I EL e) ' 1 SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. ,a#p,Ma'•' Al O ' ss ' : - \ \ 11 .Es v �b .v m ray� ZONE AE_( o wA1ER Ix yip ^ M 1 /� �W PALE eRown DINE sw ZONE %: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPIAIN. TOTAL 166,904 Sq. ft. s ro COURSE Sw0 Q' ,� � \ i . I + ZONE % -� / 0 4. ZONING USE DISTRICT: AGRICULTURE CONSERVATION 'AC"dL 3.632 ac. O \\ .�• vl /+' ' ��� _� �' 5. THE EXISTING SEPTIC SYSTEM ON LOT 2 SHALL BE PUMPED CLEAN AND GO N • \I , y F/NC1pAL k REMOVED AS PER S.C.D.H.S. STANDARDS. 1 ik % �,� /j01pc EpH I .E� �\ l 6. THE MAXIMUM PERMISSIBLE CLEARING OF LOT 1 IS 35% OF LOT AREA AS OWNER AND APPLICANT.- DEFINED IN SECTION 240-49C OF THE TOWN CODE. a• '� IT 7. THE FINAL PLAT HAS BEEN ADOPTED PURSUANT TO THE TERMS OF AMENDED CHAPTER 240, ALLAN & ELLEN WEXLER OSED I (SEENOTEIryQITB0 1CLEARING/ A 1// SUBDIVISION OF LAND, EFFECTIVE AUGUST 24, 2004. $\v % \ �_` Y` B. A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE COUNTY CLERK'S 10900 NORTW ROAD OFFICE WHICH AFFECTS THIS SUBDIVISION ANO THE PROPERTIES WITHIN. SOLITHOLD(' �WNrI'19 11971 W N 33' iI„ .' [a, -_-_ / 1 `\ •\•\ I�€N NCIPE BUILpIN�yl \\ STTPFOLK COUNTY DEPARTMENT OF HEALTH SERVICES COVENANTS AND RESTRICTIONS: g'�P��IAFT Cp �xQ,F q a I'Y CC77``-- \ / \ HAUPPAUGE, N.Y. •r R Y m " ae 1. LOT 1 IS SUBJECT TOA 50' WIDE VEGETATED SCENIC BUFFER ALONG NORTH BAYVIEW ROAD A.Z yfF,;JI n G J� \ 1 AS SHOWN ON THE FINAL PLAT. THERE SHALL BE NO CLEARING, GRADING OR GROUND IT 1 1 DISTURBANCE I OF ANY KIND WITHIN THE SCENIC BUFFER WITH THE EXCEPTION OF 12' WIDE FEB 2 2 2008 �,:.0 uo.( DRIVEWAY AND THE TRAIL EASEMENT. m \ 14T Data 2. ALL DRIVEWAY SHALL BE CONSTRUCTED OF PERVIOUS MATERIALS. V-•- •�-" Q. N Qq 1 3. ALL STRUCTURES WITH IMPERVIOUS MATERIALS SHALL CONTROL AND RETAIN SURFACE WATER 'n O _ s'•Aa� ---- R _ 11 ` 1 RUNOFF THROUGH THE USE OF GUTTERS, LEADERS AND SUBSURFACE DRYWELLS. Fti 5D4GT Lir,. No. 50467 72,9 `, ,� 4. LANDSCAPING OF ANY OR ALL OF THE LOTS SHALL CONSIST OF NATIVE, DISEASE - RESISTANT LAND SU 2 AND DROUGHT - TOLERANT PLANTS. -� WOODEO /•� _ - _ O 5. THE RESIDENTIAL APPLICATION OF SYNTHETIC FERTILIZERS AND PESTICIDES IS PROHIBITED ON *2�"ZQ„ w .� r �, '� W12 Tors dify that eha posed Realty $$ IF vI mn Dr Development EACH LOT AS SHOWN ON THE APPROVED MAP. v I. , res CpF- for Ian w Ellpee W!%le( In the 6. ALL UTILITIES MUST BE LOCATED UNDERGROUND. 74 �e •� - wIM a Supplies of - °t w°' Nathan Taft Corwin III /\4 A pproveO on the above date. Water Supplies a�a Sewage ae Disposal ELOp� NE--� , A\ 4 \ q.M FaciWas must conform to construction standards ' effect t the time APPROVED BY ENT C ee6WK0 , of c standards. ITh and are l unapt to separate Rif the salty subdivision/to Masa Land Surveyor ORP ° \^ standardse This approval heli with valid only if the airy eubaivision/ 1a° development map s duly tiletl hereby g the County Clerk f thi oma year of this date. Consent Is prsgiven for Me filing of County map PLANNING BOARD AOo, „� _,LI#p which an endorsement appears in o the Office of the County Clerk e �s accordance with the provisions or the Public Health Law dna Ms Town of Southold TOWN OF SOUTHOLD Suffolk County Sanitary Cade Covenants&Hestrictiom HowLIBEi113SS,3_PAG '�H DATE 21d J-- Title Surveys - Subdivisions - Site Plans - Construction Layout z�.'!��4 �LC/er[y PHONE (631)727-2090 Fax (631)727-1727 (/ to A al P.E. Director, Division of Environmental Quality OFFICES LOCATED AT MAILING ADDRESS mop V322 ROANOKE AVENUE P.O. Bou 1931 RIVERHEAD, New York 11901 Riverhead, New York 11901-0965 RAs '>1 A A AT r MAILING ADDRESS: PLANNING BOARD MEMBERS �F soar P.O. Box 1179 JERILYN B.WOODHOUSE O�� y�/_ Southold, NY 11971 Chair h O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON �VS (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��'YCOUNT1I Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 17, 2008 Mr. & Mrs. Allan Wexler 305 West 20th Street New York, NY 10011 Re: Proposed Standard Subdivision of Allan and Ellen Wexler Located on the s/s/o North Bayview Road, approximately 415' w/o Paradise Point Road, in Southold SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. & Mrs. Wexler: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, June 16, 2008: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on December 5, 2006, the Suffolk County Water Authority issued a Letter of Water Availability for the proposed action; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted sketch approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on March 12, 2007, the Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA; and WHEREAS, on April 12, 2007, the proposed action was reviewed under the policies of the Town of Southold Local Waterfront Revitalization Plan and recommended that it is consistent with the LWRP; and Wexler Standard Subdivision Page Two June 16, 2008 WHEREAS, on April 26, 2007, the New York State Department of Environmental Conservation issued a "Letter of Non-Jurisdiction" for the proposed action; and WHEREAS, on August 20, 2007, the Southold Town Board of Trustees issued a "Letter of Non-Jurisdiction" for the proposed action; and WHEREAS, on March 30, 2007, an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; and WHEREAS, on October 15, 2007, the Southold Town Planning Board granted Conditional Preliminary Plat Approval on the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; and WHEREAS, on November 16, 2007, the Southold Fire District determined that there is adequate fire protection in the area and fire access is sufficient; and WHEREAS, the Suffolk County Department of Health Services issued approval of the action on February 22, 2008; and WHEREAS, the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent as noted in the April 18, 2007 report prepared by the LWRP Coordinator; and WHEREAS, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map prepared by Nathan Taft Corwin III, L.S., dated September 12, 2001 and last revised on February 15, 2008, subject to conditions; be it therefore RESOLVED, that the Planning Board approves and accepts the Declaration of Covenants and Restrictions, dated May 24, 2008, filed with the Office of the Suffolk County Clerk, Liber D00012553 and Page 409; and be it further RESOLVED, that the Southold Town Planning Board finds that all of the conditions of Conditional Final Plat Approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map entitled Standard Subdivision for the Property of Allan and Ellen Wexler prepared by Nathan Taft Corwin III, L.S., dated September 12, 2001 and last revised on February 15, 2008 and authorize the Chairperson to endorse the maps. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. Wexler Standard Subdivision Pa-ge Three June 16, 2008 This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson Encl. cc: Tax Assessors (w/plat) Michael Verity, Chief Building Inspector (w/plat) I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/04/2008 Number of Pages: 6 At: 02 :47 : 40 PM Receipt Number : 08-0053003 LIBER: D00012553 PAGE : 409 District: Section: Block: Lot: 1000 079. 00 08 .00 018 .001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 .00 NO Handling $5 .00 NO COE $5.00 NO NYS SRCHG $15. 00 NO TP-584 $0 .00 NO Notation $0 . 00 NO Cert.Copies $5 .20 NO RPT $30 .00 NO Fees Paid $78 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County �ti/ • F1 2 RECORDED Number of pages 2008 Jun 04 02:47:40 PM TORRENS 'waith G. Fa_cele CLE-:RK OF SUFFOLK COUNT,' Serial# L [00012553 Certificate# P 409 Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording /Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. ( 1. Basic Tax Handling 5. 00 "� 2. Additional Tax TP-584 Sub Total _ Spec. /Assit. Notation or EA-5217 (County) Sub Total Spec./Add. TOT. MTG. TAX _ EA-5217 (State) Dual Town_ Dual County �pS Held for Appointment_ R.P.T.S.A. 4A Transfer Tax Comm. of Ed. 5. 00 tap a Mansion Tax _ Affidavit ��s The property covered by this motgage is will be improved by a one or two Certified Copy � -Dfa family dwelling only. 3-0 YES or NO Reg. Copy Sub Total I O, seeappropriate [ax clause on Other Grand Total page# of this instrument. l % p g 4 1 District Section Block I Lot 5 Community Preservation Fund Real 1000 07900 0800 018001 Consideration Amount $ Property Tax Servic R T c CPF Tax Due $ Agency R LPA A Improved Verificatio 04JUN-0S Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD & RETURN TO: PATRICIA C. MOORE ESQ TD 51020 MAIN ROAD SOUTHOLD NY 11971 TD 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION AND COVENANT made by: (SPECIFY TYPE OF INSTRUMENT) ALLAN WEXLER& ELLEN WEXLER The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. 5 Q u-n-9 )o In the Township of SOUTHOLD TOWN OF SQTD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future p ooerty tax bills. Local property taxes are payable twice a year: on or before January 10th and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,NY 11757 Riverhead, NY 11901 (631) 957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, NY 11777 Shelter Island,NY 11964 (631)473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, NY 11937 Smithtown, NY 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, NY 11743 Southampton, NY 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Road Islip, NY 11751 Southold, NY 11971 (631) 224-5580 (631) 765-1803 Sincerely, &4,ddf��RL Edward P. Ramaine Suffolk County Clerk DECLARATION AND COVENANT THIS DECLARATION made thd-�Iay of May, 2008, by ALLAN WEXLER and ELLEN WEXLER, residing at 305 West 20`" Street, New York, New York 10011, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Southold, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "Standard subdivision of Allan and Ellen Wexler", as shown on Final Plat last dated prepared by Joseph A. Ingegno, LS, dated September 12, 2001 and last revised on September 11, 2006, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: a. Future residents of the lots on the approved subdivision are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXI1, Farmland Bill of Rights, of the Southold Town code. b. No further subdivision of any of the lots on the approved subdivision map in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. All storm water 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. e. Prior to any construction activity on Lot 1, 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 Enviornmental Conservation under Phase II State Pollutant Discharge elimination system. f. The clearing for Lot 1 will be S %and refer to Section 240-49C of the Town Code. g. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. i. A fifty (50) foot buffer will be created along North Bayview Road to remain in its natural state and cannot be cleared and/or disturbed other than a driveway. j. Declarant shall use native plants and disease-resistant and drought tolerant plants and landscaping. k. All utilities will be located underground I. Declarant shall not apply and use synthetic pesticides and fertilizers capable of entering the potable water supply. M. Declarant shall use pervious driveways to serve each lot. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold granted by a majority plus one vote of the Planning board, after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. A//dc4A Allan Wexler Q�� LJ� Ellen Wexler State of New York ) ss: Countyof Soff-lk) On this29'kday of May, 2008 before, the undersigned, personally appeared ALLAN WEXLER and ELLEN, WEXLER, personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. N Public John M.Judgge No TO J Pu IIC State of New York Qualified In Suffolk Count Commission Expires May L,201 DECISION 2000 REAL ESTATE SERVICES INC. SCHEDULE A CONTINUED Title No.01-08-2401 All that certain plot, piece or parcel of land, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: Beginning at a point on the southeasterly side of North Bayview Road where the same is intersected by land now or formerly of Craig S. Jobes and Kimberly Jobes, said point or place of beginning being also distant 414.68 feet southwesterly as measured along the southeasterly side of North Bayview Road from the westerly end of a tie line which tie line connects the southeasterly side of North Bayview Road with the westerly side of Paradise Point Road; Running thence from said point or place of beginning along land now or formerly of Craig S. Jobes and Kimberly Jobes South 19 degrees 12 minutes 35 seconds West 559.23 feet to land now or formerly of Robert L. Stolt Jr. and Heidi B. Stott; Thence along said last mentioned land the following three courses and distances: 1. North 77 degrees 27 minutes 20 seconds West 174.74 feet; 2. North 73 degrees 33 minutes 10 seconds West 326.15 feet; 3. North 20 degrees 10 minutes 30 seconds East 103.61 feet to the southeasterly side of North Bayview Road; Thence along the southeasterly side of North Bayview Road North 64 degrees 33 minutes 15 seconds East 699.50 feet to the point or place of Beginning. For Information Only: District 1000 Section 079.00 Block 08.00 Lot 018.001 Representing Chicago Title Insurance Company Submission Without a Cover Letter Sender: Subject: �i( tQj�C whG�u vc--J�zny SCTM#: 1000 - '7 q— g— I $. Date: 6- /(o- Cornments: 6,vl- A-E`" 0 IT ll p 0o0 JUN 1 7 2008 sa,:"&J T,wa Pian;;r Joard �4: • • MAILING ADDRESS: PLANNING BOARD MEMBERS �OF soar P.O. Box 1179 JERILYN B.WOODHOUSE �O� yO� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS 4 Town Hall Annex MARTIN H. SIDOR co Q 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �yCOUr'm,� Southold, NY fl I 1 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 16, 2008 Re: Payments Attached is the check(s)/credit card pre-authorization form(s) listed below. Payment(s) is/are for deposit into a deferred account. Applicant/Project Name & Tax Map Amount Check Date/No. Type �# Authorization Code Wexler, Allan & Ellen, Standard 79-8-18.1 O 16/16/08#7136 Subdivision $200 F Enc(s). Ml f +an: WONArG; E. 5 xl s t 1 I I,t AfLr?� c /F" _ DOLLARS 8 '.. • r,Er,0c) r% p - l3ct/cthCe o�P 11.007136u• 1:0 2140791 21:u,4 2 24es1010964119110 7 2008 Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Plann Beard"for FINAL PLAT APPROVAL for the subdivision described herein. � aM U' -00 L 1. Name of Subdivision IPi 2. Suffolk County Tax Map# 000-0 J—I 7z'/B !8. 3I» 1 cA 3. Hamlet C p (,� TAY�I r7 16L l� 4. Street Location /0 L�Q /V b� Aay U�iU, 5. Zoning District A —C 6. Date of Submission M a rc� Z`f Zoo 7. Sketch Plan Approval Date Fes&• 12, Z 0 O 7 8. Preliminary Approval Date d—{ �o 2-007 9. Number of Lots Proposed l w 10. Acreage of Open Space/Reserved Area Q 11. Affordable Housing Units Proposed d 12. Percentage of Affordable Housing 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B)of the Town Code. Nh 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Yes 15. Application prepared by [V/o�ner [] agent [] other Signature of PreparerL&14 WV-L 1;V" ' Date 2 "- OFFO1,(co �P o suADDRESS: PLANNING BOARD MEMBERS .� Gy JERILYN B.WOODHOUSE Southold, NY 11971 C Chair y OFFICE LOCATION: 1, • �'� Town Hall Annex WILLIAM J.CREMERS �IOl ��0 543 State Route 25 KENNETH L.EDWARDS (eor;Mai . &Youngs Ave.) MARTIN H.SIDOR -"" � .� uthold, NY GEORGE D. SOLOMON p hone: 631765-1938 `I : 631765-3136 PLANNINO�13 $�FFICE i TOWN OF OLD fj hk Application for Preliminary-PUt APP-roval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision AMS And Fuels L )Wm- • SVd swbaiuislb� 2. Suffolk County Tax Map # 0 0 0 - N- 3. Hamlet So u`I 0 1 � I� Q n 4. Street Address/ logoo oo �o r 1yVl 6ay u I w K Project Location 5. Zoning District // 6. Date of Submission May-dn Zb ZDO 7 ,fin /- 7. Sketch Plan Approval Date Aatl 4 7p0 7 8. Acreage of Site { �. c� 3 Z. -"at✓�p—5 9. Parcel Yield /• I eulI�`� t 0 10. Number of Lots Proposed W D a. Number of Affordable Lots Required: O b. Number of Affordable Lots Proposed: O c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: 11. Acreage of Open Space 12. Percentage of Open Space q 13. Range of Lot Sizes (joL I b a ¢JtQ� 14. Average Lot Size . 15. Private or Public Streets T 16. Length of Road(s) h p Y 0 of 17. Acreage of Road(s) h n (1)ad- 18. )ad-- 18. 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. kf-tf( ' d✓I o ✓1 ( 1c,--V611 Ma yc ih Two 07 20. Application completed by owner [ ] agent [ ] other Signature of Preparer � ! rr ,r���� Date— /����� Zo(>7 144A 21 2 SI PT�iu �E� 2-0 � oolo APPLI07iom -FvP- s<E- rCH 1-9PPRouA L-- ST-W t2I--� AIM avid E-I(ev► uJPXle2- Ia foo Norte �yUi-�-, gd - 'Sau�6- d9/ 7 * 631 T5, 532-1 0� Z � z R�� X975 or aP�X�ee�9Q.ol �d� �Iv�Glu�-rad ► SKei�J ala n �liCa GanCm z. copy 4 beef 3. Po rT on-e of Env ren m ,�► r"� 17-S7C) " S. �` Copies Ex)S�h Rao urCes ave Te Anul5s �s �h� Ski► ala n 6 . LWRP CoasC'ons�sl�✓�c� � rm T FSEP212'006 v:'f^ �OSOMA,CO • MAILING ADDRESS: PLANNING BOARD MEMBERS ��O Gy P.O. Box 1179 JERILYN B.WOODHOUSEC Southold, NY 11971 Chair y OFFICE LOCATION: RICHARD CAGGIANO Town Hall Annex WILLIAM J. CREMERSy�fo! �aO� 54375 State Route 25 KENNETH L. EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE''-";" TOWN OF SOUTHOLD Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Sout]iold Plgnnin& Board for SKETCH APPROVAL for the subdivision described herein. ns.+a I. Name of Subdivision V�t� �(IQ� pr-jyk +A— Qrd Subd1 U Mon 2. Suffolk County Tax Map # l o oo ' 3. Type of Subdivision Standard [ ] Conservation [ ] 4. Hamlet \ n uyl d dL 5. Street Address/ t 0 qod N )o rt-6 (haw)l eui P(-661d . Project Location 6. Acreage of Site .3.832.. C166'goq- 30 SLA) 7. Proposed Yield % .2 0 CA-I 8. Number of Lots Proposed w O 9. Zoning District -8 0 10. Date of Submissionw1 VIA�Y fJ71 �y 2 j 6 �p i 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Rai) a1 ,A �I-Ile l WrydP12-- �aTPw 2d� , Sou.`�I- NY (63) 76 549 21 (Ili) kaxi 7G7s Agent: no M e-) Property Owner(s): Alkm W Q d aL Sky) I,U.e u I e g.. Surveyor: �JO�pV 1 T V1 f1 p q n 49 — O D V1 el e'r 0 Engineer: Attorney: 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. No 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. M,1 I1 ZOO � 14. Has the owner/applicant met with Land Preservation? If so, provide date. N O 15. Is any part of the property in agricultural use? �JO 16. Is there an existing or proposed sale of development rights on the property? _Lj_() 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. N() 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). 19.The site will be serviced by the following special districts or utility companies: Fire District BOUT fold Post Office gnu lGol� School District Water A 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. N p 21. Please indicate the type of open space proposed and how it will be managed? (n T PPS wi GJI� e ' ar.,nI rvna l kr1X of TJPPc iuill be (Ptvte✓ro( 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? rio STrur S Y Z aaS an uinhm 60fi4qe Owl a \.)l1\ V-ewaln +lex Sam-P 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. �� oaf ayol ti 24. Application completed by owner [ ) agent [ ] other Signature of Preparer I�e-y\ It? Date t ZO 2f Drp T own ol Southold • N, L LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for pem-tits* 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. 2. 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: onli (southoldtown.northfork.net),the Board of Trustees Office,thV g pet`" eri#,,411 1 libraries and the Town Clerk's office. ' B. DESCRIPTION OF SITE AND PROPOSED ACTION S17 SCTM# 100 0 - -73 _ Q cY —IFt— The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board Building Dept. ❑ Board of Trustees M— —µ — Mxa F1' 1. 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) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: s ZI adarJ Su Ll Uig-1 hnr� � det.Tj� pr�i�err�, i�l-CO rw0 �o t 61 83 4<0 ST Ona -0(d( In Location of action: Q r Site acreage: 3. 8�7 Q( ✓ / d. �J4 S Q, Present land use: 1'2S 1 dP,✓Ld1 Q,L Present zoning classification:_ —O Q 2. 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: 4111-1 V1 61/hd�/ Elle i/ �P �(le R{ (b) Mailing address: 10 !9 &4 /Vd/ / A � lAy y/;GU POL 3 a S�I up5 r T 2alh2 / s SoaYA,�ld �,ci9 �/ N100/1 YS N� (c) Telephone number: Area Code ( ) 631 7� 5 2�2 Dr (21 Z) qpq -7 7S (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ElNo nb�]I If yes,which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold 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 III—Policies; Page 2 for evaluation � criteria. �}(�Yes E] No ❑ Not Applicable 7� mzsl li-e-eSan prda? s I� -0 �o V�6a1 4 s- en I Ti i/e /out -VAe� �llS�,e Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary • . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria 19 Yes ❑ No ❑ Not Applicable Lee,n V)71)C �•P e /tel Ss 711��y in 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 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑Not Applicable Attach additional sheets if necessary 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 III — Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ NOX Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ Nolu Not Applicable Attach additional sheets if necessary Policy 8. Minimize 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 0 Not Applicable 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 III —Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ N0 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No`4 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Towi of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No I ,Not Applicable Attach additional sheets if necessary 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 ❑ Nom Not Applicable Created on 5125/0511:20 AM Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: we Qg 4116n lcll?n 0 last name,firs name,middle initial unless you are applying in the name ofsomeone 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) V;.. SEI P �; '... 2 ' n n Tax grievance Building ,j ��` t `�"i0 Variance Trustee a __ 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 relationship with any officer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest"means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by)a corporation 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 day of1 Signature Print Name E(1e� U12KIefZ i �► , MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �t?soojyQ� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR H Q54375 State Route 25 GEORGE D.SOLOMON JOSEPH L.TOWNSEND Q � (cor. Main Youngs Ave.) I•YC���� Soutut holl d, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department 82008 Date: March 28, 2008 4 r � yp Re: Checks Enclosed herewith are the checks listed. Please return a receipt to us. Thank you. Applicant/Project Tax Map # Amount Check Name & I I I Date/No. Wexler Subdivision-Final Plat 1 79-8-18.1 $500.00 3/24/08-4341 LR MAR 2 8 Enc(s). • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �� S�UliyO Southold, NY 11971 Chair yy�� OFFICE LOCATION: KENNETH L.EDWARDS T Town Hall Annex MARTIN H.SIDOR 2 Q 54375 State Route 25 GEORGE D. SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �yC(7U� Southold, NY I Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: March 28, 2008 Re: Checks Enclosed herewith are the checks listed. Please return a receipt to us. Thank you. Applicant/Project Tax Map # Amount Check Name & Type Date/No. Wexler Subdivision-Final Plat 79-8-18.1 $500.00 3/24/08-4341 LR ALLAN WEXLER AND ELLEN WEXLER 1-824 4341 Enc(s). 305 W. 20TH ST., 1-A fiV57r.��4A1� NEW YORK, NY 10011 ? h DATE Q k ORDERC HE W ORDER OF O �� d � I DOLLARS 8' a";„.,.. I c tibank® �oyo/oN�y��dw(^{'.Pdny�' `_ NE WV CITIBANK, K•NNV BOOO?n � SIM ✓ "II16' ]95TH ENUE / , •�/.(q/ P MEMO 1:0A0000a9l: 6i757349u' 434 I r t MAILING ADDRESS: PLANNING BOARD MEMBERS ��q SOUjyo P.O. Box 1179 JERILYN B.WOODHOUSE h0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Tei+ ae Town Hall Annex MARTIN H.SIDOR !' �O 54375 State Route 25 GEORGE D.SOLOMON ly (cor. Main Rd. &Youngs Ave.) C JOSEPH L.TOWNSEND OUNT1, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: May 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 Hands F .Ltd.Ptnrs. LLC 18-2-32& 33 $500 app fee 3/23/07 Wexler Subdiv. 79-8-18.1 $1,000 app fee 3/29/07 Verity, M. Subdiv. 35-1-4 $500 app fee 3/30/07 Cleaves Point Manor 38-7-9 $500 app fee 5/7/07 Grebe LLC 6-2-14 $500 app fee 4/3/07 LR encs. r • Town Of Southold P.O Box 1179 • Southold, NY 11971 * * * RECEIPT * * * Date: 05/15/07 Receipt#: 4248 Transaction(s): Reference Subtotal 1 1 Application Fees 79-8-18. $1,000.00 Check#: 4248 Total Paid: $1,000.00 Name: Wexler, Allan & Ellen 305 West 20th St New York, NY 10011 Clerk ID: LINDAC Internal ID:79-8-18.1 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/29/06 Receipt#: 4092 Transaction(s): Reference Subtotal 1 1 Application Fees 79-8-18. $1,750.00 Check#: 4092 Total Paid: $1,750.00 ALLAN WEXLER AND ELLEN WEXLER zm24 4092 305 W. 20TH ST., 1-A 6175]a9 NEW YORK. NY 10011 DATE QCs-' _ZDD PAY TO THE O 1750, G p S ORDER OF -_ DOLLARS LU ,......„,... ctlbank® CITIBANK,N q.BR.#24 72 FIFTH AVENUE AT 13TH STREET Ioao0 NEWY KENUEy T/3, MEM S 4�l OSne, � So 1:0210000891: 617573L-91' 4092 �S Name: Wexler, Allan & Ellen 305 West 20th St New York, NY 10011 Clerk ID: LINDAC Internal ID:79-8-18.1 • MAILING ADDRESS: PLANNING BOARD MEMBERS %3F soP.O. Box 1179 JERILYN B.WOODHOUSE �V` 0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON '�� �� (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND COU Hry,N Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: September 28, 2006 Re: Checks Enclosed herewith are the checks listed below. Please return a receipt to us. Thank you. Project Name & Type Tax Map ## Amount bate of Check Mark Baxter Stand. Sub. 78-7-5.3 $7,000. P & P 3/6/06 Shinn Vineyard 5P 100-4-3.1 $1,500 app fee 8/10/06 North Fork Foster Sites 96-1-1.5 $2,500. sketch 8/17/06 Std. Sub. Sandy Ground LLChan e 63-4-5.1 $500 app fee 8/29/06 FI Community Center SP 12-1-5.1 $1,000 app fee 5/1/06 Ovlasid Subdiv. 89-3-1.1 $3,250 app fee 9/13/06 Cutchogue/New Suffolk 109-6-2.2 $1,000 app fee 9/14/06 Free Library SP Orlowski Hardware SP 140-3-3.4 $500 app fee 8/25/06 Wexler, Allan & Ellen Sub. 79-8-18.1 $1,750 app. 9/20/06 Oregon/Morrell Subdiv 83-2-11.5 $17,500 P&P 9/28/06 r MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE so Southold, NY 11971 Chair h OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l�'COU'M'� Southold, NY 1111 Telephone: 631 765-1938 Fa : 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 10, 2008 Re: Payments Attached is (are) the check(s)/credit card pre-authorization form(s) listed below. Payment(s) are for deposit into a deferred account. Applicant/Project Name & Tax Map Amount Check Date/No. Type # Authorization Code Wexler,Allan& Ellen, Standard 6/10/08, #1697 Subdivision 79-8-18.1 $2,000 CK Enc(s). _ALLAN WEXLER 50-791/214 1697 ELLEN a226021618 WEXLER 10900 NORTH BAYVIEW z OUTHOLD, NY 11971 (DATE u A V ZOO ? a FAYTOT (� 0 Sd ��lGl $1000, PC) ORDER OF '�- DOLLARS c Y 5 1` ,. PrP Fee NOR]N POP%H.W1( NATiM1%i[.NY 195 M.. I, �:0214079121:us 2261,1021,6i8111 1,697 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject 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 studies, research or investigation. If information requiring such additional work Is unavailable,so indicate and specify each instance. NameofAction_ W��(�.�2 Sfiat��a rd Sllb� 1 U I SrdY1 Location of Action(Include Street Address, Municipality and County) Idg00 f`)nr�1n o1pui 9J South ao IN d y Name of Applicant/Sponsor -AIULA ah A <; JtPV) jj)p%CJe Address ioaoa No r` A &V UiA1J ZJ ,, 4Aog 1A AJ City/PO n n d State f\j _Zip Code 1071 Business Telephone 6 76 5 .13 (211)q Sta -87< / 17< Name of Owner(if different) / Address City/PO Stale Zip Code Business Telephone Description of Action: �i0tat, Du( pr6 fer11 irito TWO )0f5j ane of til 2xisfir "I ,J I i .. Page 2 of 21 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 Residential (suburban) 0 Rural (non-farm) ®Forest Agriculture ❑Other 2. Total acreage of project area: 3.832 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres � acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres // Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces Q acres g acres Other (Indicate type) ora S& • CJ acres • 8 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: E]Well drained /&Q % of site Moderately well drained_% of site. Poorly drained _% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370..).g 4. Are there bedrock outcroppings on project site? ® Yes IY1 No a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: 130-10%�(' % ®10- 15°A_% ® 15% or greater_% 6. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? Yes No 7. Is project substantially contiguous to listed on the Register of National Natural Landmarks? ®Yes ONO 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes No 1.0. Do hunting, fishing or shell fishing opportunities presently exist in the project area? / Yes ANO Page 3 of 21 11. Does project'site contain any species of plant or animal life that is identified as threatened or endangered? ®Yes No According to: / Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? E]Yes Q�No Describe: T- 13. Is the project site pr esently used by ti.e community or neighborhood as an open space or recreation area? 11 Yes If yes, explain: 14. Does the present site iiycjude scenic views known to be important to the community? ®Yes No 15. Streams within or contiguous to project area: NDNE a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: jVD11>✓ b. Size lin acres): Page 4 of 21 17. Is the site served by existing public utilities? ElYes No 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 agricultural district certified pursuant to Agriculture and Markets Law, Article 26-AA, Section 303 and 304? ®Yes ANo 19. Is the site located in or substantialiycgigtiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ®Yes Ro 20. Has the site ever been used for the disposal of solid or hazardous wastes? ®Yes XNo -B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate).(� 1 a. Total contiguous acreage owned or controlled by project sponsor: 3.O7ya-acres. ,/, b. Project acreage to be developed: LM acres initially; acres ultimately. a5 LOT41 iar a hauS'e c. Project acreage to remain undeveloped: acres. d. Length of project, in miles: (if appropriate) - e. If the project is an expansion, indicate percent of expansion proposed. % f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour: (upon/completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure: height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from tth�heff site? op-eAons/cubic yards. 3. Will disturbed areas be reclaimed ElYes 0No PN/A a. If yes, for what intended purpose is the site being reclaimed? TT""'"'``' b. Will topsoil be stockpiled for reclamation? Yes No - - c. Will upper subsoil be stockpiled for reclamation? ElYes 11 No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ® Yes E] No 6. If single phase project: Anticipated period of construction:_months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase i functionally dependent on subsequent phases? ® Yes ❑ No B. Will blasting occur during construction? ®Yes E]No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ©Yes ❑No If yes, explain: i 12. Is surface liquid waste disposal involved? ElYes EINo a. If yes, indicate type of waste (sewage, industrial, etc) and amount / b. Name of water body into which effluent will be discharged i. 13. Is subsurface liquid waste disposal involved? ❑Yes ® No Type 14. Will surface area of an existing water body increase or decrease by proposal? ®Yes®No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? ®Yes ®No 16. Will the project generate solid waste? ®Yes ®No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? © Yes ®No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ©Yes ® No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes ®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? E]Yes ®No 19. Will project routinely produce odors (more than one hour per day)? ®Yes EINo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes E]No 21.i.Will project result in an increase in energy use? R Yes f-1No i If yes, Indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ®Yes E] No If yes, explain: Page 7 of 21 i 26. 4pprovals Required: Type Submittal Date City, Town, Village Board ®Yes N0 City, Town, Village Planning Board Yes ® No City, Town Zoning Board ®Yes No City, County Health Department Yet Yes ® No Other local Agencies E]Yes F1 No Other Regional A«lencies ElYes E] No State Agencies ElYes ® No Federal Agencies ®Yes EINo C. Zoning and Planning Information _ f/ 1. Does proposed action involve a planning or zoning decision? as No If Yes, indicate decision required: E] Zoning amendment ® Zoning variance ® Newlrevision of master plan A Subdivision Site plan ® Special use permit ®Resource management plan ® Other Paye 8 of 21 o 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? 6. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Yes No 7. What are the predominant land use(s) and zoning classifications within a Ya mile radius ofproposed action? The n�61 h' barhvA czInsish Of% (eS i den—Tia.( homes . Ti is zan�ej, P-40 . We 'will 6f, ap pi na nnC51 df 7AL -WP-e,& an 'tM2 �r��2r }�s , anl) btAIV, 75 a uu� Sv>na2L homt on lot " I ) 5e-C back of( thf roack) i n `tie W00ds 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y4 miles Yes ®No 9. If the proposed action is the subdivision of land, how many lots are proposed?? .+W 0 to ts. Sub d-I V is I O n % a, What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorizations) for the formation of sewer or water districts? ® Yes No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ®Yes IkAN0 a. If yes, is existing capacity sufficient to handle projected demand? E]Yes ❑ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ®YesONo a. If yes, is the existing road network adequate to handle the additional traffic. FiYes ©No D. Informational Details / Attach any additional information as may belfieeded 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 them. E. Verification I certify that the information provided above is true to the best of my knowledge. / Applicant/Sponsor Name �����' �/(/1 �.( �()P Date ZO'jJ Signature Title n Wnil, 0A If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 Project Status Report for Standard Subdivisions a e�ae> 1�v A.o\ . cow Project Name and,Location: Project Deschp6on(taken from Planning Tracking): 4 ZBA Deeisien.i° Sketch Application Dates Pre-Submission Conference �'�7 � �(° SEQRA Determination 1 Sketch Application Received n %"z/'�L SC Planning Commission Referral /4 Application Fees Paid Zi' d SC Planning Commission Comment/,(-- ERSAP Submitted I Fire Department Referral /C' 3/-V r; Yield Plan Submitted /,lel ej 'Fhi'J t r� Fire Department Comments ' d) Concept Design Determined Engineer Conference Fire Department Comments �I 1� ' J Sketch Plan Submission SEQRA Coordination ��/�' �' Conditional Sketch Approval Landscape Plan Sketch Approval Soil Conservation Plan Preliminary Plat Application Dates(6 months after Sketch Plan Approval) Preliminary Application Received , DEIS Submission Application Fees Paid �l /Q G Referral of Legal Documents to Town Attorney Referral of Road and Drainage Plans 0 ^ Comments from Legal Department Received Engineer Conference /7/L FEIS Submission / r Comments from Town Engineer 171L Preliminary Hearing Set ir/3'a/ Draft Performance Estimate � ' Preliminary Hearing Held 9/& Draft Covenants and Restrictions Preliminary Hearing Closed /U -/S Draft Homeowner's Association Agreement I/^' Conditional Preliminary Approval �U 'I u Draft Road Maintenance Agreement Preliminary Approval Scoping Session Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received 61�j I A Affordable Housing Fee Paid A Application Fees Paid 3 t Z a,1 o g Administrative Fee Paid A/A Molars Received(5) &)I p)n�� NYSDEC Wetlands Permit Received LD A)T Paper Prints Received(B) (61 1 0 ), NYSDOT/DPW Permit Received Final Road and Drainage Plans Al N Trustee Permit Received L 1)N-Y Performance Guarantee Received /N Final Hearing Set Performance Guarantee to Town Board Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval b Final Road Maintenance Agreement Final Approva1 (p Park and Playground Fee Paid Map Endorsed by Chair (p ) f�/ I O Conservation Agreement LWRP Consistency Review L,11 r t` Final Man Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: 1 Co v-a 4�.t)�..is�an, k55, �� 4 p� 9 //20101 \J210 G 216*�b rcuc«�rw.�. n 1'1.112 1 o, \ l\ �O �.n ... rv• .,� A �7 y ^fib b tY \ JI, . \ � ■ : � # � - � a (_ mI a _ • • CC# : C08-5120 ®r, COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 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 instrument DECLARATION recorded in my office on 06/04/2008 under Liber D00012553. and Page 403 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 06/04/2008 SUFFOLK COUNTY CLERK !/ JUDITH A.PASCALE SEAL LR- Submission Without a Cover Letter Sender: AI`QV1 �� Subject: C Y� � C fo (ca ACA �ed ucPcQ /0. /0v�o� Fe (J-F012ao (n , O 0 SCTM#: 1000 - -7 9 •— Date: J U ✓1(t, / 0 ZOO Comments�CX 9 f7 S c.cT/ 6410 x JUN �, 1 2008 k Y PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 June 9, 2008 Southold Town Planning Board Town Hall Annex Southold, NY 11971 HAND DELIVERED Re: Standard Subdivision; Allan & Ellen Wexler SCTM: 1000-79-8-18. 1 Dear Ms . Woodhouse : With reference to the above and pursuant to the Resolution dated February 13 , 2007, enclosed please find a certified copy of the recorded Declaration of Covenants & Restrictions . Under separate cover, Mr. Wexler is providing your office with Mylar & paper prints for your signature . te�9- /q,Gv-- Thank you and please do not hesitate to call should you have any questions . .. ..� �. Ver ruly yours, i D In LS 0 L 1 ; /t/; r j/'lJn( r :� U atrici C. Moore C� t. JUN 10 2008 PCM/bp Soutncld Town encls . I Pbnmr guard Y Southold Town Board - I4kr lord Meeting of June 3, 2008 �L v°�V WF ®a' RESOLUTION 2008-574 Item # � ADOPTED DOC ID: 3952 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-574 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 3, 2008: RESOLVED that the Town Board of the Town of Southold, at the request of the Southold Town Planning Board, hereby authorizes the reduction of Park and Playground fees for Allan and Ellen Wexler (SCTM #1000-79-8-18.1) by the documented amount of costs incurred by them for design and legal fees resulting from the public trails that.were'fequired by the Southold Town Planning Board but, due to the sale of the Tall Pines at Paradise property, are no longer needed and must be removed from the plat. \ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [S TO 1] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell NAYS:Albert Krupski Jr. Generated June 4, 2008 Page 40 + • • MAILING ADDRESS: PLANNING BOARD MEMBERS �V SB!/ P.O. Box 1179 JERILYN B.WOODHOUSE O� ryDl Southold, NY 11971 Chair /� Q OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) NV JOSEPH L.TOWNSEND IiYCOUSouthold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Supervisor Scott Russell Members of the Town Board From Jerilyn B Woodhouse, Chair Members of the Planning Board Date: May 27, 2008 Re: Request for reduction in Park and Playground Fee. Standard Subdivision of Allan and Ellen Wexler Located on the s/s/o North Bayview Road, approximately 415' w/o Paradise Point Road, in Southold SCTM#1000-79-8-18.1 Zoning District: A-C Alan and Ellen Wexler are currently before the Planning Board for a two lot subdivision and are petitioning the Town Board to reduce the park and playground fee required by § 240-53 Reservation of parkland on subdivision plats containing residential units. The request is to reduce the $,7000.00 fee by the amount of the costs incurred from the design and legal fees resulting from the public trail (see attached documents). These costs equal $4,800.00 (see attached documents). If approved, the amount of the reduced park and playground fee the Wexler's would be required to pay will be $2,200.00. The Planning Board required a public trail over the Wexler property to connect the Shellfisher Preserve property and the Cornell Cooperative Extension Cedar Beach Marine Center during the design of the subdivision. This trail also traversed the Tall Pines at Paradise property located immediately to the south of the Wexler property. However, due to the sale of the Tall Pines at Paradise property the public trail over the Wexler property is not necessary. The Planning Board is requiring the removal of the public trail from the plat. The Planning Board supports the petition to reduce the park and playground fee equal to the amount of the design and legal expenses incurred for the public trail. Enc. Cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney Page 1 of 1 Randolph, Linda 1 From: Aewexler@aol.com Sent: Friday, May 09, 2008 3:06 PM To: Randolph, Linda Subject: Wexler letter re Trail easement bills Attachments: Wexler trail easement bill from Surveyor Corwin.zip To: Mark Terry Southold Town Planning Board May 9, 2008 1 have received the bill from our attorney Pat Moore for the work done on the trail easement that was required on our property by the town. Since this the first time for this kind of trail we all had a lot of work to do over the past year- putting together an agreement-research, meetings etc. The attorney's bill is for$4,525.00 1 have also received the bill from the surveyor's office,Joe Ingegno/ Nathan Corwin. It includes the trail easement written description and to re-print the maps to have them stamped again by the health dept. I do believe there were or will be additional costs but as of now that is what l have in writing. Surveyors work as we know now total: $275 These bills total $4.800. We request that the Board allow us to deduct these bills from any fees due the Town. This work was necessary only because the trail easement was required of us. Attached is the two page bill from the surveyor. In the next day I will scan and then email you a copy of the Pat Moore bill that I have in paper form. ) I was told by Heather that our final OK would be voted on at a special May 19th meeting of the Board. Do you need new maps drawn without the trail on them for the May 19th meeting? Thank you, Ellen and Allan Wexler Wonnderrin �,wll4t'sJor Dmr1er"f°bMie9 ew twists on family favorites at AOL Food. , 'asr.�:.a,„ym,wsse Baas<srux,., 5/9/2008 7 . • itF�M�. M4r>t@ fit:. d , � 119'71 May.08, 2008 Alvan&Eben Wexler 306 West 20th Street New York NY 10011 IVIM i Invoice number; 10630 Professional Services _ rstRa1g Amount 5/14/2007 Meeting with Planning and Assessor regarding Trail Easement 2,00 600.00 300.00/hr 8/1/2007 Review of revisions to C&Rs required by Planning Board 1,00 $00,00 300.00/hr 8110/2007 Conference with client and see Anthony requested map of Orlando to 0.50 150.00 coordinate Trait Easement location 300.00/hr 1011612007 Phone call from client re: Planning Board vote 0.50 150.00 300.00/hr 1115/2007 Review of plans of Trail Easement drawn by client and discuss with Town and 1.00 300.00 client 300.00/hr 1/7/2008 Typing of draft Trail Easement; Pennsylvania form received from Planning Board 5.00 32600 for use; retyped entire form over a period of 2 weeks 65.001hr 1/29/2008 Review trail easement-will ask about Orlando's language 1.00 300.00 300.00/hr 21112008 Review of form Trail Easement; revisions made to Trail Easement 2.50 750.00 300.00/hr ?/1112008 hand delivered draft trail easement to Planning Board 0.50 150.00 300.001hr 3/2012008 Preparation of Trailsement-edited with client; revisions made to trail 1.00 300.00 easement after ion with client 300.00/hr Finalized draft of C& R's and hand delivered again together with draft trail 1.00 300.00 eesement 300.00/hr 5/2/2008 Callsi m client to discuss revisons to map to eliminate trail easement, meeting 1.00 300.00 with pt>Ahning board 300,00/hr 9/812008 Estimated Yime to complete trail easement issues 2.00 800.00 300,00/hr - UQUM AmW For professional services rendered 19.00 84,525,00 Balance due $4,525.00 NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice 322 ROANOKE AVE. P.O. BOX 1931 Date Invoice# RIVERHEAD,NY 11901 12/12/2007 1010 Phone#631-727-2090 Fax# 631-727-1727 Bill To Allan Wexler 305 West 20th Street New York,New York 10011 Job# Client: Terms S.C.Tax Lot No. 21-446-G1 30 DAYS 1000-79-08-18.1 Description Amount Legal description of trail easement 150.00 Total $150.00 Payments/Credits $-150.00 Balance Due $0.00 14 r • • MAILING ADDRESS: PLANNING BOARD MEMBERS �O f SO P.O. Box 1179 JERILYN B.WOODHOUSE O� y�l Southold, NY 11971 Chair /� Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSENDIiYCOU,M'� Southold, NY n I' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 20, 2008 Mr. & Mrs. Allan Wexler 305 West 20th Street New York, NY 10011 Re: Standard Subdivision of Allan and Ellen Wexler Located on the s/s/o North Bayview Road, approximately 415' w/o Paradise Point Road, in Southold SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. & Mrs. Wexler: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 19, 2008: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on December 5, 2006, the Suffolk County Water Authority issued a Letter of Water Availability for the proposed action; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted sketch approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on March 12, 2007, the Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA; and WHEREAS, on April 12, 2007, the proposed action was reviewed under the policies of the Town of Southold Local Waterfront Revitalization Plan and recommended that it is consistent with the LWRP; and Wexler Standard Subdivision Pa-ge Two May 20, 2008 WHEREAS, on April 26, 2007, the New York State Department of Environmental Conservation issued a "Letter of Non-Jurisdiction" for the proposed action; and WHEREAS, on August 20, 2007, the Southold Town Board of Trustees issued a "Letter of Non-Jurisdiction" for the proposed action; and WHEREAS, on March 30, 2007, an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; and WHEREAS, on October 15, 2007, the Southold Town Planning Board granted Conditional Preliminary Plat Approval on the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; and WHEREAS, on November 16, 2007, the Southold Fire District determined that there is adequate fire protection in the area and fire access is sufficient; and WHEREAS, the Suffolk County Department of Health Services issued approval of the action on February 22, 2008; and WHEREAS, all conditions have been met; and WHEREAS, by letter dated May 15, 2008, the applicant requested a waiver of the final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent as noted in the April 18, 2007 report prepared by the LWRP Coordinator; and be it further RESOLVED, that because the final map is in substantial agreement with the approved preliminary map and there is no known public opposition to the project, the Southold Town Planning Board hereby waives the final public hearing for this project; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval upon the map prepared by Nathan Taft Corwin III, L.S., dated September 12, 2001 and last revised on February 15, 2008, subject to the following conditions: 1. Submission of a copy of the recorded Declaration of Covenants and Restrictions submitted to the Planning Board on March 20, 2008. 2. The submission of twelve (12) paper prints and four (4) mylar prints of the revised final plat each containing: a. An updated Suffolk County Department of Health stamp of approval. b. The liber and page number of the recording of the Covenants and Restrictions with the Suffolk County Clerk. 0 Wexler Standard Subdivision Page Three May 20, 2008 3. Submission of the Park and Playground Fee in the amount of $2,000 pursuant to Town Board approval to reduce the $7,000 Park and Playground Fee for the expenses incurred in the design and legal establishment of the public trail. The creation of a public trail is not necessary due to the sale of the adjacent parcel to the Town of Southold If the reduction is not approved by the Town Board, the submission of the $7,000 Park and Playground Fee is due in full. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson Terry, Mark From: Aewexler@aol.com Sent: Thursday, May 15, 2008 2:35 PM To: Terry, Mark Subject: Re: Wexler request To: Mark Terry Principal Planner, Town of Southold Planning Department May 15th 2008 Mr Terry. I request that the final hearing on the subdivision of our property at 10900 North Bayview Rd Southold be waived due to no significant map changes from preliminary approval. A copy of this map has just been sent to you by our surveyor, Nathan Corwin Riverhead NY Ellen and Allan Wexler 212 989 7975 MAY 1 5 2008 1 Wondering what's for Dinner Tonight? Get new twists on family,favorites at AOL_Food. 5/15/2008 . • Page 1 of 1 A n' Randolph, Linda From: Aewexler@aol.com Sent: Friday, May 09, 2008 3:06 PM To: Randolph, Linda Subject: Wexler letter re Trail easement bills Attachments: Wexler trail easement bill from Surveyor Corwin.zip To: Mark Terry Southold Town Planning Board May 9, 2008 1 have received the bill from our attorney Pat Moore for the work done on the trail easement that was required on our property by the town. Since this the first time for this kind of trail we all had a lot of work to do over the past year-putting together an agreement-research, meetings etc. The attorney's bill is for$4,525.00 1 have also received the bill from the surveyor's office,Joe Ingegno/Nathan Corwin. It includes the trail easement written description and to re-print the maps to have them stamped again by the health dept. I do believe there were or will be additional costs but as of now that is what I have in writing. Surveyors work as we know now total: $275 These bills total $4.800. We request that the Board allow us to deduct these bills from any fees due the Town. This work was necessary only because the trail easement was required of us. Attached is the two page bill from the surveyor. In the next day 1 will scan and then email you a copy of the Pat Moore bill that I have in paper form. ) I was told by Heather that our final OK would be voted on at a special May 19th meeting of the Board. Do you need new maps drawn without the trail on them for the May 19th meeting? Thank you, Ellen and Allan Wexler Wonderi�n Oat's.for Dinner�i"of41� � ew twists on family favorites at AOL Food. , � yx„emnA�'dvFrN! .. .:,:dRiA.JAMRri+"" •—'HfimniN"- 5/9/2008 Pm,riclo C. Moore SIM Road NY 11871 ( , 0 May-Da,2008 Alan&Eilen Wexler 306 west 20th Streit New Yotk NY 10011 Invoice number: 10630 3 Professional Servkss jo JJ••.rt+r�v^�.r�.p ,. .. • m 4i to Amount 5/14/2007 Meeting with Planning and Assessor regarding Trail Easement 2.00 800.00 300.00/hr 8/1/2007 Review of revisions to C&ITS required by Pining Board 1.00 300.00 300.001hr 8/10/2007 Conference with client and see Anthony-requested prep of Orlando to 0.50 150,00 Coordinate Trait Easement kxmtion 300,001hr 10/18/2007 Phone call from client re: Plarming Board vote 0.50 150.00 300.00/hr 11/52007 Review of plans of Trail Easement drawn by client and discuss with Town and 1.00 300.00 client 300.001hr 1/7/2008 Typing of draft Trail Easement Pennsylvania form received from Planning Board 5.00 325.00 for use, retyped entire form over a period of 2 weeks 66.00/hr 112912006 Review trail easement-will ask about Orlarrda's language 1.00 300.00 300.001hr 2/1/2008 Review of form Tri Easement revisions made to Trail Easement 2.50 750.00 300.00fir 2111/2008 hand delivered draft trail easement to Planning Board 0.50 150.00 300.00/hr 312012008 Preparation of Trail Easement-edited with client;revisions made to trail 1.00 300.00 easement atter discussion with cilent 300.00/hr Finaitted draft of C&R's and hand delivered again together with draft trail 1,00 300.00 easement 300,001hr 5/2/2006 Cclisff6om client to discuss revamns to map to eliminate trail easement meeting 1.00 300.00 with plenning board 300.00/hr 5/8/2008 Estimated time to complete trail easement issues 200 600.00 300.00/hr nt For professional servicesgendered � %00 $4,525A0 Balance due 54,525.00 0 • NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice 322 ROANOKE AVE. P.O. BOX 1931 Date Invoice# RIVERHEAD,NY 11901 12/12/2007 logo Phone#631-727-2090 Fax# 631-727-1727 Bill To Allan Wexler 305 West 20th Street New York,New York 10011 Job# Client: Terms S.C.Tax Lot No. 21-446-GI 30 DAYS 1000-79-08-18.1 Description Amount Legal description of trail easement 150.00 Total $150.00 Payments/Credits 8-150.00 Balance Due $0.00 Terry, Mark From: Terry, Mark Sent: Friday, May 02, 2008 8:33 AM To: aewexler@aol.com' Cc: Lanza, Heather Subject: Town of Southold Park and Playground Fee Good Morning, At the April 2P work session the Planning Board agreed to support a petition made to the Town Board to reduce the Park and Playground fee equal to the amount of the money spent to prepare the trial easement and plat edits. Could you please forward an itemized expense list along with a letter petition to this office and the Town Clerk. Include a request to be placed on the next Town Board meeting agenda. If you have any questions, please contact me at 631-765-1938 Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 5/2/2008 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 28, 2008 at 4:00 p.m. 4:00 p.m. Site Plans and Subdivisions Site Plans: • Peconic Transfer Station SCTM#: 1000-95-2-5 Location: 560 Commerce Drive in Cutchogue Action: Review of NPV report issued on the Part III EAF. Status: In SEQRA Recommendations: PB accept NPV report as submitted and provide the report to the applicant. Attachments: NPV report A-1- A-12 Subdivisions: • Standard Subdivision of John Scott Location: The property is located on the east side of Wells Road and the south side of Main Road, east of Peconic Lane in Peconic. Description: Proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 s.f., Lot 2 equals 80,010 s.f. and Lot 3 equals 82,932 s.f. in the R-80 Zoning District. Action: Request additional information Status: Conditional Sketch Approval ( September 12, 2006) Recommendations: Revise Covenant and Restrictions, Submit Preliminary Plat Application. Attachments: None • Standard Subdivision of Allan and Ellen Wexler Location: The property is located on the s/s/o North Bayview Road, approximately 415 ft. w/o Paradise Point Road, in Southold. Description: This proposal for a standard subdivision is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District. Action: Recommend Conditional Final Approval Status: Conditional Preliminary Approval (October 16, 2007) Recommendations: Amend and File Covenant and Restrictions, Submit $7000.00 Park and playground Fee For Discussion: Hamlet Stakeholder Implementation Panel - March Status Report FORM TO ACCOMPANY CONTRACTS, LEASES AND AGREEMENTS SENT TO THE TOWN ATTORNEY FOR APPROVAL The document is between the Town of Southold and V/ New Renewal If renewal, what is the expiration date of the previous document? Term of document: P � ,sg Information regarding the ijaWFe of the document (what is it for): r I AA Resolution Date: Date document needs to be signed by: Sent to:��. r y Date: Date: Date: Contact Person at TOS: kv`. v` PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 20, 2008 Southold Town Planning Board Town Hall Annex PO Box 1179 Southold, NY 11971 HAND DELIVERED Re : Standard Subdivision; Allan & Ellen Wexler SCTM: 1000-79-8-18 . 1 Dear Ms . Woodhouse: With reference to the above and pursuant to the Resolution dated February 13 , 2007 , enclosed please find a draft Declaration of Covenants & Restrictions for your review which had been previously forwarded to you on March 21, 2007 . I am also enclosing a draft Trail Easement for your review. Please advise if they are acceptable to you and your Board and we will arrange for the execution and recording of same . 4 Thank OU.-' r p/ � -71 Very truly yours, Patricia C. Moore PCM/bp encls . Mr . & Mrs . Allan Wexler, via email THIS GRANT OF EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, hereinafter referred to as the "Trail Easement" made the Day of , 2008. BETWEEN Allan Wexler and Ellen Wexler, having an address of 305 West 20`h Street, New York, New York 10011, party of the first part, ^� hereinafter called "Grantor", AND TOWN OF SOUTHOLD, party of the second part, a municipal corporation with offices at Southold Town Hall, 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 WITNESSETH: WHEREAS, Grantor is the owner of certain tracts of ground located in Town of Southold, County of Suffolk and State of New York, containing 3.832 acres of land, more or less, hereinafter called the premises; WHEREAS, Grantor has consented to the lace ent of a walking path in a designated area herein after referred "Trail Easement Area", which is shown on a plan entitled "Stand Subdivision for the Property of Allan & Ellen Wexler" prepared by oseph A. Ingegno Land Surveyor dated September 12, 2001 last revis and attached hereto and made a part hereof as Exhib' "A" J WHEREAS a #avy is currently defined in the Southold Town Code as "a path, walk, or which is intended for hiking, walking, horseback riding or other similar recreational pursuits, but excluding motorized vehicles", the trail easement on the premises contains approximately 245 feet which, by this Easement, will be available for passive recreational use by and the education of the general public; and Page -1- WHEREAS, the trail easement area on the premises will not be cleared but will be left natural, Grantee may designate the trail easement area with standard blazes which will direct the public to connect to the continuation of other trails on adjacent parcels. Said Trail will benefit the community and afford them scenic views of forest lands, and wetlands, whose beauty and open character shall be available for passive recreational use by and the education of the general public by this Easement; and WHEREAS, the uthold Town Comprehensive Plan, adopted in is orth general community goals which included .......[indic ere any goal which would directly or indirectly relate to the develo ent of the trails system]; and WHEREAS the Southold Town Zoning Ordinance Subdivision Regulations adopted August 24, 2004 by Local Law No. 15-2004 defines community objectives which include "recreation: lakes, ponds or other significant recreation areas, or opportunities or sites designated in the Town's Comprehensive Plan and updates to it" and to this end the township requires dedication of land for recreation purposes or payment in leu of dedication; and WHEREAS, Grantor further intends as owner of the Property to convey to Grantee the right to preserve and protect the Recreation value of the Trail Easement in perpetuity; and WHEREAS, Grantee is a municipal corporation or will be a publicly supported, tax exempt non-profit organization, qualified under Section 501( c ) 3 and 170(h) of the Internal Revenue Code, and WHEREAS, Grantee agrees by accepting this Easement to honor the intentions of the Grantor stated herein and to preserve and protect in Page-2- perpetuity the Recreation Values of the Trail Easement for the benefit of this generation and generations to come. NOW THEREFORE, for and in consideration of the above and the mutual covenants, terms, conditions, restrictions and promises herein contained, pursuant to the laws of the State of New York and for the further consideration of the sum of Five Dollars ($5.00) lawful money of the United States of America, in hand paid by Grantee to Grantor, the receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby mutually agree, grant convey, and declare as follows: 1. STATEMENT OF GRANT Grantor hereby voluntarily, un nditionally and absolutely grants and conveys unto Grantee, its su cessors and assigns, an Easement in Gross and a Declaration of Restri tive Covenants, in perpetuity, over the TRAIL EASEMENT, as ore particularly hereinafter set forth exclusive for the purposes of g and protecting, the present natural, scenic, open space, educational and recreation values of the Trail Easement (such purposes hereinafter referred to as the "Recreation Purposes"). Grantee hereby accepts the Easement and agrees to hold it exclusively for such Recreation Purposes. 2. PUBLIC ACCESS In furtherance of the Recreation Purposes of this Easement set forth in Paragraph 1 above, Grantor hereby declares and covenants that the general public shall have and be allowed regular access to the Trail Easement for recreation, scientific, and educational purposes described in sub-Paragraph A and subject to the limitations contained in subparagraphs B, C and D of this Paragraph 1. Page-3- As used herein, Trail is defined as : A Natural path, walk or way which is intended for hiking, walking, horseback riding or other similar recreational pursuits, but excluding motorized vehicles" which corridor of no more than eight (8) feet in width through which passes, or will pass, a Natural trail as a part of the Southold Township Comprehensive Trail System or as otherwise authorized by the Township. A trail is to serve recreation functions for one or more of the following: walkers, runners, horseback riders, and cross-country skiers, trails shall exclude all motorized vehicles except as authorized by the Township for maintenance, management and emergency purposes. Trail Easement Area is defined as: The area (a maximum of eight (8) feet wide) that contains the trail and is restricted from development, which would inhibit the use of the trail. A. The public shall be permitted access the "Trail Easement Area", as shown on exhibit "A", for the following activities, except to the extent that Grantee may determine that such activities are inconsistent with the Conservation Purposes for which this Easement is granted: i. Nature study and scientific research including bird watching and the study of fauna and flora, supervised by an organization described in Section 179(h)(3) of the Internal Revenue Code ii. Horseback riding, provided that the horse manure does not become a nuisance to the grantor or surrounding residences; cross county skiing; iv. Hiking, biking,jogging; and painting sketching and photography B. Public Access to the Trail Easement Area shall be restricted to th�01 "Trail Easement Area" which shall not be changed from its natural stte, except as required for public safety. In no event shall the trail be cleared Page -4- • ? • 17°`s sur s,�.aY-� M� CO by mechanical equipment r mulch as shown on Exhibit "A" �b 2 C. The activities described in sub-paragraph A of this Paragrah 2 hall be conducted in such a manner as to preserve and protect the Transportation and Recreation Values of the Trail Easement area, and in this connection the following specific limitations shall apply with respect to the use of the Trail Easement Area by the general public and shall be enforceable by Grantor and/or Grantee: i Use of any motorized vehicle or similar mechanical means of locomotion, including automobiles, motorcycles, snowmobiles, or other all-terrain vehicles shall be prohibited; ii. Smoking of tobacco or other substances, or lights of fires of any kind shall be prohibited; iii. Consumption of alcoholic beverages or use of any kind of stimulant shall be prohibited; iv. Trapping or hunting with firearms, bow and arrow, or any other form of arms or weapons shall be prohibited; and v. Overnight camping or sleeping shall be prohibited. E1ther partyshall have the right to impose any additional limitations with respect to the Trail Easement Area, as it deems necessary or appropriate in order to preserve and protect the Recreation Values of the Trail Easement Area and the Recreation Purposes for which this Easement is donated. D Grantee shall have the right to require Grantor to keep the Trail 46L,- Easement Area free from man-made obstructions which prevent reasonable pedestrian (and equestrian) access to and along the Trail Easement Area including but not limited to structures and fences constructed by Grantor; however, Grantee shall have the sole Page -5- responsibility to maintain the trail of fallen trees. E. Grantor and Grantee hereby agree that the Grantor, upon prior notice to the Grantee, reserves the right to restrict the use of the trail for horseback riding due to proximity of horse manure to Grantor's residences, as well as the residences on adjoining properties. 3. NOTICE All notices, consents, approvals, or other communication hereunder shall be in writing and shall be deemed properly given if sent by US certified mail, return receipt requested, addressed to the appropriate party or successor in interest, at the address most recently provided, 4. PROHIBITION OF PUBLIC ACCESS Northing herein shall be construed as a grant to the general pubic, or to a person or persons, the right to enter upon any part of the Grantor's property other than as described in Paragraph 2, herein. Grantor reserves unto themselves and its successors in title to the Trail Easement area, all rights, privileges, powers and immunities, including the right of exclusive; possession and immunities, including the right of exclusive; possession and enjoyment, subject only to the terms and covenants of this Easement. 5. ENFORCEMENT RIGHTS OF EITHER PARTY A. To accomplish the purposes of this Easement the following rights are conveyed to both parties by the Easement: I. To preserve and protect the Recreation Values of the Trail Easement Page -6- Area; ii. To prevent any activity on or use of the Trail Easement Area that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Trail Easement Area that may be damaged by any inconsistent activity or use pursuant to subparagraphs B, C, and D of this Paragraph 5. Grantor shall not be responsible for the acts of others. B. In the event that a violation of the terms of this Easement by either party comes to the attention of either party, each shall notify the other in writing of such violation and demand corrective action sufficient to cure the violation and where the violation involves injury to the Trail Easement Area resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Trail Easement area so injured. If violating party fails to cure the violation within thirty (30) days after receipt of such notice thereof from the other, or under circumstance where the violation cannot reasonably be assured within the thirty (30) day period, fails to begin curing such violation within the thirty (30) day period or fails to continue diligently to cure such violation until finally cured, such party may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this easement to permanent injunction 6. MAINTENANCE AND ASSESSMENT OBLIGATION OF GRANTEE Grantee shall be solely obligated to maintain the trail easement area in its natural state, , or any portion thereof, and Grantor shall not be obligated to pay taxes or assessments on said trail easement area. Any action by Grantor such as maintenance of the trail easement area or any other act by Grantor to protect the Trail Easement Area shall be deemed merely a gratuitous act, which shall create no obligation or liability on the part of Page -7- the Grantor. 7. SUCCESSOR IN INTEREST Except where the context requires otherwise, the term "Grantor" and "Grantee", as used in this instrument and any pronouns used in place thereof, shall mean and include, respectively, Grantor and his personal representatives, heirs, successors in title and assigns and Grantee and its successors and assigns. 8. STATEMENT OF COMPLIANCE Grantor may request in writing at least thirty (30) days prior to the sale, transfer or long term [ten (10) years or more] lease of the property containing the Trail Easement Area, or any portion thereof, a written instrument from Grantee, at no cost to Grantor, stating that Grantor is in compliance with the terms and conditions of this Easement, or if Grantor is not in compliance with the terms and conditions of this Easement, stating what violations of this Easement exist, Grantee agrees in such cases or at any other time to acknowledge, execute and deliver to Grantor or to any mortgagee, transferee, purchaser, or lessee such written instrument concerning compliance within thirty (30) days of written request from Grantor. Grantor shall provide copy of Grantee's compliance statement to any purchaser, mortgagee, lessee, or assignee and shall advise Grantee in writing at least ten (10) days in advance of any transfer, long-term lease, or sale of the Trail Easement Area, or any portion thereof. Grantee's failure to respond within thirty (30) days of request by Grantor shall be deemed as full compliance with the terms and conditions of the easement. 9. LIMITATION OF GRANTOR LIABILITY Page -8- • Grantor and each subsequent owner of the Trail Easement area shall have no personal liability for the observance or performance of the covenants and obligations of Grantor hereunder after such party has conveyed his, her, its or their interest in the Trail Easement Area, provided that the provisions of Paragraph 8 above, have been fulfilled and obligations hereunder discharged. 10. HOLD HARMLESS Grantee, and each subsequent holder of the Trail Easement Area shall hold harmless indemnify and defend Grantor and its heirs, personal representative, successors, and assigns from and against all liability, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Trail Easement Area, regardless of cause, unless due solely to the gross negligence or willful misconduct of the Grantor and its heirs, personal representatives, successors and assigns; (2) the obligations specified in Paragraph 6, herein; and (3) the existence or administration of this Easement. \ 5 V 11. EXTINGUISHMENT OF EASEMENT In the event that Grantee, or other such entity as listed in 14(B), acquires the adjacent lands this easement is hereby extinguished. No further actions need be taken to extinguish easement, and neither party shall have any claim or liability one against other. Page-9- 12. FAILURE OF GRANTEE TO ENFORCE If at any time any organization, agency, or person having rights or duties hereunder as Grantee shall fail to enforce the restrictions set forth in this Easement, Grantor, or any governmental unit of Suffolk County, shall have the right to bring suit against Grantee for specific performance. 13. TRANSFER OF GRANTEE'S INTEREST A. Grantee, its successors and assigns, shall have the right to assign either wholly or partially its right, title, and interest hereunder only to an organization able to enforce the restrictions contained herein which has purposes similar to: those of Grantee, and which encompasses the purposes set forth in this Easement. Such an organization must at the time of the assignment be a governmental unit qualified organization within the meaning of Section 170(h)(3) of the Internal Revenue Code of 1986 (or its successor provisions), hereinafter the "Code", and one which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the code. Any transfer of assignment of benefits by Grantee, its successors or assigns, must require the transferee or assignee to carry out the transportation and Recreation Purposes of this Easement. B. In the event Grantee shall cease to exist or to be a qualified organization as described in Subparagraph 14A., herein, its rights and duties hereunder shall become vested in and fall upon one of the following named entities, or such other qualified organization as may then be determined, to the extent such entity shall evidence acceptance of and agree to fully enforce same: (i ) Peconic Land Trust (ii) The Nature Conservancy (iii) The State of New York Page -10- (vi) Suffolk County, a political subdivision of State of New York (vii) Such other organizations as may be designated under the doctrine of cy pre by a court of competent jurisdiction; provided, however, that at the time of such designation, such entity shall e an organization as described in subparagraph 14.A herein. 14. EASEMENT IN PERPETUITY The provisions herein shall inure to and be binding upon the heirs, executors, administrators, devises, successors, and assigns, as the case may be, of the parties hereto and shall be covenants running with the land in perpetuity. 15. SEVERABILITY This Easement shall be construed in its entirety, however, in the event that any provisions or restrictions of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions and restrictions of this Easement, and the application of such provision or restriction to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 16. ACKNOWLEDGMENTS. A. Grantor attests that Grantor is the owner of the Trail Easement Area and that the Trail Easement Area is not subject to a mortgage as of date of this Easement [alternatively, a subordination agreement from the mortgagor for the Trail Easement Area must be obtained. Most mortgage companies will do so if the mortgage is for less than property value.]. Page-11- IN WITNESS WHEREOF, and again stating their intention to be legally bound hereby, the said parties have hereunto set their hands and respective seals on the day and year first above written. Page -12- f DECLARATION AND COVENANT THIS DECLARATION made the day of March, 2007 by ALLAN WEXLER and ELLEN WEXLER, residing at 305 West 20`h Street, New York, New York 10011, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Southold, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "Standard subdivision of Allan and Ellen Wexler", as shown on Final Plat last dated prepared by Joseph A. Ingegno, LS, dated September 12, 2001 and last revised on September 11, 2006, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: a. Future residents of the lots on the approved subdivision are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town code. b. No further subdivision of any of the lots on the approved subdivision map in perpetuity. c. No changes to any of the lot lines without Planning Board approval. . d. All storm water 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. e. Prior to any construction activity on Lot 1, 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 Enviornmental Conservation under Phase II State Pollutant Discharge elimination system. f. The clearing for Lot 1 will be (insert square footage) and refer to Section 240-49C of the Town Code. g. No clearing, grading or ground disturbance shall be permitted within 100' of,/ the freshwater wetlands h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any'/ manner. L Insert language regarding trail easement k A fifty(50) foot buffer will be created along North Bayview Road to remain in its natural state and cannot be cleared and/or disturbed other than a driveway. k. Declarant shall use native o/ants and disease-resistant and drought tolerant plants and landscaping L All utilities will be located underground • (m) Declarant shall not apply and use synthetic pesticides and fertilizers capable of entering the potable water supply. (n) Declarant shall use pervious driveways to serve each lot. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold granted by a majority plus one vote of the Planning board, after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under thein, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Allan Wexler Ellen Wexler State of New York ) ss: County of ) On this day of before, the undersigned, personally appeared ALLAN WEXLER and ELLEN, WEXLER, personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 March 20, 2008 Southold Town Planning Board Town Hall Annex PO Box 1179 Southold, NY 11971 HAND DELIVERED Re : Standard Subdivision; Allan & Ellen Wexler SCTM: 1000-79-8-18 . 1 Dear Ms . Woodhouse : With reference to the above and pursuant to the Resolution dated February 13 , 2007, enclosed please find a draft Declaration of Covenants & Restrictions for your review which had been previously forwarded to you on March 21, 2007 . I am also enclosing a draft Trail Easement for your review. Please advise if they are acceptable to you and your Board and we will arrange for the execution and recording of same . Thank you.- — Very truly yours, Patricia C. Moore PCM/bp encls . Mr. & Mrs . Allan Wexler, via email THIS GRANT OF EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS, hereinafter referred to as the "Trail Easement" made the Day of , 2008. BETWEEN Allan Wexler and Ellen Wexler, having an address of 305 West 20`h Street, New York, New York 10011, party of the first part, hereinafter called "Grantor", AND TOWN OF SOUTHOLD, party of the second part, a municipal corporation with offices at Southold Town Hall, 53095 Route 25, P.O. Box 1179 Southold, New York 11971-0959 WITNESSETH: WHEREAS, Grantor is the owner of certain tracts of ground located in Town of Southold, County of Suffolk and State of New York, containing 3.832 acres of land, more or less, hereinafter called the premises; WHEREAS, Grantor has consented to the placement of a walking path in a designated area herein after referred to as a "Trail Easement Area", which is shown on a plan entitled "Standard Subdivision for the Property of Allan & Ellen Wexler" prepared by Joseph A. Ingegno Land Surveyor dated September 12, 2001 last revised and attached hereto and made a part hereof as Exhibit "A" WHEREAS a trial is currently defined in the Southold Town Code as "a path, walk, or way which is intended for hiking, walking, horseback riding or other similar recreational pursuits, but excluding motorized vehicles", the trail easement on the premises contains approximately 245 feet which, by this Easement, will be available for passive recreational use by and the education of the general public; and Page -1- 0 WHEREAS, the trail easement area on the premises will not be cleared but will be left natural, Grantee may designate the trail easement area with standard blazes which will direct the public to connect to the continuation of other trails on adjacent parcels. Said Trail will benefit the community and afford them scenic views of forest lands, and wetlands, whose beauty and open character shall be available for passive recreational use by and the education of the general public by this Easement; and WHEREAS, the Southold Town Comprehensive Plan, adopted in , sets forth general community goals which included .........[indicate here any goal which would directly or indirectly relate to the development of the trails system]; and WHEREAS the Southold Town Zoning Ordinance Subdivision Regulations adopted August 24, 2004 by Local Law No. 18-2004 defines community objectives which include "recreation: lakes, ponds or other significant recreation areas, or opportunities or sites designated in the Town's Comprehensive Plan and updates to it" and to this end the township requires dedication of land for recreation purposes or payment in leu of dedication; and WHEREAS, Grantor further intends as owner of the Property to convey to Grantee the right to preserve and protect the Recreation value of the Trail Easement in perpetuity; and WHEREAS, Grantee is a municipal corporation or will be a publicly supported, tax exempt non-profit organization, qualified under Section 501( c ) 3 and 170(h) of the Internal Revenue Code, and WHEREAS, Grantee agrees by accepting this Easement to honor the intentions of the Grantor stated herein and to preserve and protect in Page -2- perpetuity the Recreation Values of the Trail Easement for the benefit of this generation and generations to come. NOW THEREFORE, for and in consideration of the above and the mutual covenants, terms, conditions, restrictions and promises herein contained, pursuant to the laws of the State of New York and for the further consideration of the sum of Five Dollars ($5.00) lawful money of the United States of America, in hand paid by Grantee to Grantor, the receipt of which is hereby acknowledged, the parties hereto, intending to be legally bound, do hereby mutually agree, grant convey, and declare as follows: 1. STATEMENT OF GRANT Grantor hereby voluntarily, unconditionally and absolutely grants and conveys unto Grantee, its successors and assigns, an Easement in Gross and a Declaration of Restrictive Covenants, in perpetuity, over the TRAIL EASEMENT, as more particularly hereinafter set forth exclusive for the purposes of persevering and protecting, the present natural, scenic, open space, educational and recreation values of the Trail Easement (such purposes hereinafter referred to as the "Recreation Purposes"). Grantee hereby accepts the Easement and agrees to hold it exclusively for such Recreation Purposes. 2. PUBLIC ACCESS In furtherance of the Recreation Purposes of this Easement set forth in Paragraph 1 above, Grantor hereby declares and covenants that the general public shall have and be allowed regular access to the Trail Easement for recreation, scientific, and educational purposes described in sub-Paragraph A and subject to the limitations contained in subparagraphs B, C and D of this Paragraph 1. Page -3- As used herein, Trail is defined as : A Natural path, walk or way which is intended for hiking, walking, horseback riding or other similar recreational pursuits, but excluding motorized vehicles" which corridor of no more than eight (8) feet in width through which passes, or will pass, a Natural trail as a part of the Southold Township Comprehensive Trail System or as otherwise authorized by the Township. A trail is to serve recreation functions for one or more of the following: walkers, runners, horseback riders, and cross-country skiers, trails shall exclude all motorized vehicles except as authorized by the Township for maintenance, management and emergency purposes. Trail Easement Area is defined as: The area (a maximum of eight (8) feet wide) that contains the trail and is restricted from development, which would inhibit the use of the trail. A. The public shall be permitted access the "Trail Easement Area", as shown on exhibit "A", for the following activities, except to the extent that Grantee may determine that such activities are inconsistent with the Conservation Purposes for which this Easement is granted: i. Nature study and scientific research including bird watching and the study of fauna and flora, supervised by an organization described in Section 179(h)(3) of the Internal Revenue Code ii. Horseback riding, provided that the horse manure does not become a nuisance to the grantor or surrounding residences; iii. cross county skiing; iv. Hiking, biking, jogging; and painting sketching and photography B. Public Access to the Trail Easement Area shall be restricted to the "Trail Easement Area" which shall not be changed from its natural Atte, except as required for public safety. In no event shall the trail be cleared Page -4- by mechanical equipment or mulch as shown on Exhibit "A" C. The activities described in sub-paragraph A of this Paragraph 2 shall be conducted in such a manner as to preserve and protect the Transportation and Recreation Values of the Trail Easement area, and in this connection the following specific limitations shall apply with respect to the use of the Trail Easement Area by the general public and shall be enforceable by Grantor and/or Grantee: I. Use of any motorized vehicle or similar mechanical means of locomotion, including automobiles, motorcycles, snowmobiles, or other all-terrain vehicles shall be prohibited; ii. Smoking of tobacco or other substances, or lights of fires of any kind shall be prohibited; iii. Consumption of alcoholic beverages or use of any kind of stimulant shall be prohibited; iv. Trapping or hunting with firearms, bow and arrow, or any other form of arms or weapons shall be prohibited; and v. Overnight camping or sleeping shall be prohibited. Either party shall have the right to impose any additional limitations with respect to the Trail Easement Area, as it deems necessary or appropriate in order to preserve and protect the Recreation Values of the Trail Easement Area and the Recreation Purposes for which this Easement is donated. D Grantee shall have the right to require Grantor to keep the Trail Easement Area free from man-made obstructions which prevent reasonable pedestrian (and equestrian) access to and along the Trail Easement Area including but not limited to structures and fences constructed by Grantor; however, Grantee shall have the sole Page -5- responsibility to maintain the trail of fallen trees. E. Grantor and Grantee hereby agree that the Grantor, upon prior notice to the Grantee, reserves the right to restrict the use of the trail for horseback riding due to proximity of horse manure to Grantor's residences, as well as the residences on adjoining properties. 3. NOTICE All notices, consents, approvals, or other communication hereunder shall be in writing and shall be deemed properly given if sent by US certified mail, return receipt requested, addressed to the appropriate party or successor in interest, at the address most recently provided 4. PROHIBITION OF PUBLIC ACCESS Northing herein shall be construed as a grant to the general pubic, or to a person or persons, the right to enter upon any part of the Grantor's property other than as described in Paragraph 2, herein. Grantor reserves unto themselves and its successors in title to the Trail Easement area, all rights, privileges, powers and immunities, including the right of exclusive; possession and immunities, including the right of exclusive; possession and enjoyment, subject only to the terms and covenants of this Easement. 5. ENFORCEMENT RIGHTS OF EITHER PARTY A. To accomplish the purposes of this Easement the following rights are conveyed to both parties by the Easement: I. To preserve and protect the Recreation Values of the Trail Easement Page-6- Area; ii. To prevent any activity on or use of the Trail Easement Area that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the Trail Easement Area that may be damaged by any inconsistent activity or use pursuant to subparagraphs B, C, and D of this Paragraph 5. Grantor shall not be responsible for the acts of others. B. In the event that a violation of the terms of this Easement by either party comes to the attention of either party, each shall notify the other in writing of such violation and demand corrective action sufficient to cure the violation and where the violation involves injury to the Trail Easement Area resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Trail Easement area so injured. If violating party fails to cure the violation within thirty (30) days after receipt of such notice thereof from the other, or under circumstance where the violation cannot reasonably be assured within the thirty (30) day period, fails to begin curing such violation within the thirty (30) day period or fails to continue diligently to cure such violation until finally cured, such party may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this easement to permanent injunction 6. MAINTENANCE AND ASSESSMENT OBLIGATION OF GRANTEE Grantee shall be solely obligated to maintain the trail easement area in its natural state, , or any portion thereof, and Grantor shall not be obligated to pay taxes or assessments on said trail easement area. Any action by Grantor such as maintenance of the trail easement area or any other act by Grantor to protect the Trail Easement Area shall be deemed merely a gratuitous act, which shall create no obligation or liability on the part of Page -7- the Grantor. 7. SUCCESSOR IN INTEREST Except where the context requires otherwise, the term "Grantor" and "Grantee", as used in this instrument and any pronouns used in place thereof, shall mean and include, respectively, Grantor and his personal representatives, heirs, successors in title and assigns and Grantee and its successors and assigns. 8. STATEMENT OF COMPLIANCE Grantor may request in writing at least thirty (30) days prior to the sale, transfer or long term [ten (10) years or more] lease of the property containing the Trail Easement Area, or any portion thereof, a written instrument from Grantee, at no cost to Grantor, stating that Grantor is in compliance with the terms and conditions of this Easement, or if Grantor is not in compliance with the terms and conditions of this Easement, stating what violations of this Easement exist, Grantee agrees in such cases or at any other time to acknowledge, execute and deliver to Grantor or to any mortgagee, transferee, purchaser, or lessee such written instrument concerning compliance within thirty (30) days of written request from Grantor. Grantor shall provide copy of Grantee's compliance statement to any purchaser, mortgagee, lessee, or assignee and shall advise Grantee in writing at least ten (10) days in advance of any transfer, long-term lease, or sale of the Trail Easement Area, or any portion thereof. Grantee's failure to respond within thirty (30) days of request by Grantor shall be deemed as full compliance with the terms and conditions of the easement. 9. LIMITATION OF GRANTOR LIABILITY Page-8- Grantor and each subsequent owner of the Trail Easement area shall have no personal liability for the observance or performance of the covenants and obligations of Grantor hereunder after such party has conveyed his, her, its or their interest in the Trail Easement Area, provided that the provisions of Paragraph 8 above, have been fulfilled and obligations hereunder discharged. 10. HOLD HARMLESS Grantee, and each subsequent holder of the Trail Easement Area shall hold harmless indemnify and defend Grantor and its heirs, personal representative, successors, and assigns from and against all liability, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments including without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Trail Easement Area, regardless of cause, unless due solely to the gross negligence or willful misconduct of the Grantor and its heirs, personal representatives, successors and assigns; (2) the obligations specified in Paragraph 6, herein; and (3) the existence or administration of this Easement. 11. EXTINGUISHMENT OF EASEMENT In the event that Grantee, or other such entity as listed in 14(B), acquires the adjacent lands this easement is hereby extinguished. No further actions need be taken to extinguish easement, and neither party shall have any claim or liability one against other. Page -9- 12. FAILURE OF GRANTEE TO ENFORCE If at any time any organization, agency, or person having rights or duties hereunder as Grantee shall fail to enforce the restrictions set forth in this Easement, Grantor, or any governmental unit of Suffolk County, shall have the right to bring suit against Grantee for specific performance. 13. TRANSFER OF GRANTEE'S INTEREST A. Grantee, its successors and assigns, shall have the right to assign either wholly or partially its right, title, and interest hereunder only to an organization able to enforce the restrictions contained herein which has purposes similar to: those of Grantee, and which encompasses the purposes set forth in this Easement. Such an organization must at the time of the assignment be a governmental unit qualified organization within the meaning of Section 170(h)(3) of the Internal Revenue Code of 1986 (or its successor provisions), hereinafter the "Code", and one which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the code. Any transfer of assignment of benefits by Grantee, its successors or assigns, must require the transferee or assignee to carry out the transportation and Recreation Purposes of this Easement. B. In the event Grantee shall cease to exist or to be a qualified organization as described in Subparagraph 14A., herein, its rights and duties hereunder shall become vested in and fall upon one of the following named entities, or such other qualified organization as may then be determined, to the extent such entity shall evidence acceptance of and agree to fully enforce same: (i ) Peconic Land Trust (ii) The Nature Conservancy (iii) The State of New York Page-10- (vi) Suffolk County, a political subdivision of State of New York (vii) Such other organizations as may be designated under the doctrine of cy pre by a court of competent jurisdiction; provided, however, that at the time of such designation, such entity shall a an organization as described in subparagraph 14.A herein. 14. EASEMENT IN PERPETUITY The provisions herein shall inure to and be binding upon the heirs, executors, administrators, devises, successors, and assigns, as the case may be, of the parties hereto and shall be covenants running with the land in perpetuity. 15. SEVERABILITY This Easement shall be construed in its entirety, however, in the event that any provisions or restrictions of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions and restrictions of this Easement, and the application of such provision or restriction to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 16. ACKNOWLEDGMENTS. A. Grantor attests that Grantor is the owner of the Trail Easement Area and that the Trail Easement Area is not subject to a mortgage as of date of this Easement [alternatively, a subordination agreement from the mortgagor for the Trail Easement Area must be obtained. Most mortgage companies will do so if the mortgage is for less than property value.]. Page -11- IN WITNESS WHEREOF, and again stating their intention to be legally bound hereby, the said parties have hereunto set their hands and respective seals on the day and year first above written. Page -12- DECLARATION AND COVENANT THIS DECLARATION made the day of March, 2007 by ALLAN WEXLER and ELLEN WEXLER, residing at 305 West 20" Street, New York, New York 10011, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Southold, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "Standard subdivision of Allan and Ellen Wexler", as shown on Final Plat last dated prepared by Joseph A. Ingegno, LS, dated September 12, 2001 and last revised on September 11, 2006, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: a. Future residents of the lots on the approved subdivision are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town code. b. No further subdivision of any of the lots on the approved subdivision map in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. All storm water 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. e. Prior to any construction activity on Lot 1, 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 Enviornmental Conservation under Phase II State Pollutant Discharge elimination system. f. The clearing for Lot 1 will be (insert square footage) and refer to Section 240-49C of the Town Code. g. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. i. Insert language regarding trail easement L A fifty(50) foot buffer will be created along North Bayview Road to remain in its natural state and cannot be cleared and/or disturbed other than a driveway. k. Declarant shall use native plants and disease-resistant and drought tolerant plants and landscaping, 1. All utilities will be located underground (m) Declarant shall not apply and use synthetic pesticides and fertilizers capable of entering the potable water supply. (n) Declarant shall use pervious driveways to serve each lot. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold granted by a majority plus one vote of the Planning board, after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Allan Wexler Ellen Wexler State of New York ) ss: County of ) On this day of before, the undersigned, personally appeared ALLAN WEXLER and ELLEN, WEXLER, personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Terry, Mark From: Aewexler@aol.com Sent: Monday, December 10, 2007 11:29 AM To: Terry, Mark Subject: Re: Trail Proposa updatel: Dec 10 2007 Attachments: Trail 12 10 07 03.pdf; Trail 21-446E.pdf Mark, See two attachments: Trail 21-446E is our survey recently redrawn with trail location that Anthony approved for our final survey in mid November. Attachment trail 12 10 07 03 shows the overlays of Planning Board's previous trail compromises. The point that trail veers away from our property line corner is at 142 feet. We were promised it would not be more. Re the angle it veers from our property line: In the new version purple Dec. 3, the angle is a much shallower angle away from our building lot than it was at the last compromise. Please note that white line on your aerial view incorrectly represents the property line on the Miller Orlando Property rather than the building envelope- as it is shown as the building envelope on our property. Orlando building envelope is actually 60 feet back from the white line. If you want the path to meet the dog leg it should begin to angle not before 3/4 of the way down so as not to go back closer to our property line. Thank you, Allan Allan Wexler 305 West 20 Street New York, NY 10011 212 807 1974 studio 212 989 7975 home summers: 10900 North Bayview Road Southold, NY 11971 631 7659321 allanwexlerstudio.com Check out AOL Money & Finance's list of the hottest products and top money wasters of 2007. 12/18/2007 rig } 4 � / f f N: w 40 1 r i w = - lowCL oj rlr Terry, Mark From: Vincent Orlando [VOrlando@millerenv.com] Sent: Friday, December 07, 2007 3:15 PM To: Terry, Mark; aewexler@aol.com Cc: Jeriwood@aol.com; Lanza, Heather Subject: RE: New Trail Proposal Attachments: 20071207150306099.pdf Mark, Please find attached the survey with the trail path that you dated & agreed on last Monday (December 3rd).....If this is the same as your Purple line, then I'm fine with itl! Vincent From: Terry, Mark [mailto:mark.terry@town.southold.ny.us] Sent: Friday, December 07, 2007 2:55 PM To: Vincent Orlando; aewexler@aol.com Cc: Jeriwood@aol.com; Lanza, Heather Subject: New Trail Proposal Good Afternoon, The Planning Board has reached an agreement that the new proposed trail route (outlined in purple) is acceptable if both parties agree. This location is a compromise to the two locations (red and yellow routes). As discussed with both parties, the alternative to not locating a trail on the two properties is a park and playground fee in the amount of$28,000.00 for Tall Pines and $7000.00 for the Wexler's Parcel which is due prior to final approval. If you agree please respond by email so that I may include it in the file and process the applications to the next step. Please call me if you have any questions. 12/18/2007 Trail proposal ■ at work sessiom Alternative rail easeme, September 10, rn 10 Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 12/18/2007 CO / l LiMir 4pa�T � �� Q1 ���4�_ - o GOC O4e�p�NO 9' ft. o- _ _ ��' � �''k�s, 2• Q ~.�e 4p>p'T S h 0' ° °' C A7 bo• \ / es //// ti - - \ - -- -� a \ IG �A,' � ,,• ,b� I / iB.- �-oar ,- mss. \\ \ \ � � b ` - _ fey • 09 XoAj\ v o\ \ c AF 1 \ \ `\\`\ \ "v�k6<9D \I �9\ � \ � da I 1 f� \2� \ \\�\\\�\ \ "�2 �8•S7'g0„ No �s �=`�y°? �� \�;C�k`Q9\\� \\ 2a• �- aha PL\ \\ \.\\\ \\.\�, \\ \ ?� 21 yhi5b 0 n_. Terry, Mark From: Vincent Orlando [VOrlando@millerenv.com] Sent: Thursday, December 13, 2007 2:53 PM To: Terry, Mark Attachments: 20071213144825655.pdf Mark, I'm going to take your recommendation/option on jogging it @ the 100-foot wetland line to our original 12-03-07 meeting starting point....See both attached copies. Vincent Orlando Vice President- Customer Relations 631-369-4900 Ext. 215 Fax: 631-369-4909 www.millerenv.com 12/18/2007 - - 3� IV OP co ° top opt- Ln °°Raa OP c ° ss. 0S zFh r 40 f3 �< � FN4'N° N?p`tp �8S 7p, otitiR/yGcz0 •1p / is � �" t°a.63p"' ; wv � 10 a —r ory .�° L a 71 '// i' y. �S \\\\� \ � as w. / � � • \a^\ \ fob 6\\\\ .41, \\\Q\ 40" NN \s �1oua f za AAHIM; ADDRESS: PLANNING BOARD MGMBF.RS �01/�, Z._ I'.U. 13,,s 1179 JERILYN I3_WOODHOI SE r�Yp`� ��l South�dd, NY 119,1 hair h OFFICE LOCATION: KENN1.111 L t IAAHD4 ' � 'town ll.dl Annoy MARTIN H tilllOR G 54375 State HOW,(, 25 (3E0R( F ll. SOI O'vI()N r �� (cor. Maul Rd. & Youngs Ave.) JOSEPH L. tOWNSEN1) i7` Southold, NY ClOUNTI Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2007 Mr. & Mrs. Allan Wexler 305 West 20th Street New York, NY 10011 Re: Standard Subdivision of Allan and Ellen Wexler Located on the s/s/o North Bayview Road, approximately 415' w/o Paradise Point Road, in Southold SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. & Mrs. Wexler: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, October 15, 2007: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1 .916 acres and Lot 2 equals 1 .916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11 , 2006; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted sketch approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11 , 2006; and WHEREAS, on March 12, 2007, the Southold Town Planning Board issued a Negative Declaration pursuant to SEORA, and WHEREAS, on March 30, 2007, an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; and WHEREAS, that the Southold Town Planning Board held a public hearing for this project on September 10, 2007; be it therefore Allan & Ellen Wexler Page Two October 16, 2007 RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval on the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007, subject to the following conditions: 1) Submission of the application and fee for final plat approval. The final map shall contain the all of the technical requirements pursuant to Section 240-21 of the Southold Town Code, in addition to the following: a) Add the Declaration of Covenants and Restrictions to the map.v b) Add a note which states that "The final plat has been adopted pursuant to the, terms of Amended Chapter 240, subdivision of Land, effective August 24, 2004." c) Add a note which states that "A Declaration of Covenants and Restrictions has been filed in the County Clerk's Office which affects this subdivision and the properties within in."/ d) Show a 50'-wide vegetated scenic buffer on Lot 1 along North Bayview Road. Indicate that this buffer shall remain in its natural state and that no clearing, grading or ground disturbance shall be permitted with the exception of the trail easement and a 12'- wide driveway to provide access to the lot.✓ e) Show the location of the Trail Easement and include a metes and bounds description.✓ 2) Submission of the final draft Declaration of Covenants and Restrictions with the following additional clauses: a) Lot 1 is subject to a 50'-wide vegetated scenic buffer along North Bayview Road as shown on the final plat. There shall be no clearing, grading or ground disturbance of any kind within the scenic buffer with the exception of a 12'-wide driveway and the trail easement. b) Lot 1 is subject to a Trail Easement that will be filed in the Office of the Suffolk County Clerk simultaneously with the subdivision map. c) All driveways shall be constructed of pervious materials. d) All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. e) Landscaping of any or all of the lots shall consist of native, disease-resistant and drought-tolerant plants. f) The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. g) All utilities must be located underground. 3) Submission of a Phase I Archaeological Survey. 4) LWRP Coastal Consistency review by the Town of Southold'/ 5) Acceptance of the Trail Easement by the Town of Southold or submission of the Park and Playground fee in the amount of $7,000 ($7,000 for each new residential lot created). � • M Allan & Ellen Wexler Page Three October 16, 2007 If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson Y F .., .,TV,. � ,�.� •_ - -> l`g. 4� ..6 is �`- :., T • 1. 14 1 ir • k I -Ilk lF rim i` M w- " •I `s. 0 0 Submission Without a Cover Letter Sender: Subject: SCTM#: 1000 - Date: /% C i- - + 2001 I Comments: -- Ab �� �4 &0 � � / rrL i F SII 1 -' �� \ S �JJ✓.✓ / / - - . . . - . _" .R r d LOT 2 — '\. WOWED LOT TONE AE ((i`fi) OM y ` � � •\ � \ i a �j1 'ZONE X� _3�-` � 3p ^"e .0 OPE (j ��• nNort EE SEn�. r \ I (SNOTE . yft �_. J/ ift b zzsr - c'W✓/ o �{ it 160 =s A tkL fLor j / �o.OTO sa «• Wexler Trail Loaction - North Bayview Road- Southold BSG E Ab. August 31, 2007 d4. Red line indicates acceptable location of trail on Wexler property ."all 3l1t +a providing that at its east end point it turns south, away from Wexler a•,Y n+s H property line as shown on drawing. JAL i I • MAILING ADDRESS: PLANNING BOARD MEMBERS &QF S0 P.O. Box 1179 JERILYN B.WOODHOUSE O� y0l Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G A- 54375 State Route 25 GEORGE D. SOLOMON �'� PS (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCOUNN Nov Southold, NY n 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2007 Mr. & Mrs. Allan Wexler 305 West 20th Street New York, NY 10011 Re: Standard Subdivision of Allan and Ellen Wexler Located on the s/s/o North Bayview Road, approximately 415' w/o Paradise Point Road, in Southold SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. & Mrs. Wexler: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, September 10, 2007: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted sketch approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on March 12, 2007, the Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA; and WHEREAS, on March 30, 2007, an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; be it therefore RESOLVED, that the Southold Town Planning Board hereby closes the public hearing for this project; and be it further Wexler. Allan & Ellen Page Two September 11, 2007 RESOLVED, that written comment will be accepted on the project for a period of ten days; and be it further RESOLVED, that a decision will be made at the October 15, 2007 Public Meeting. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson 0 S ub- - AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 10100 M011 AVYMI&) 'A/D00 - 72-8-/J / 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 A011. 0l. 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 everK property which abuts and every property which is across on IMMlk) u ao YourrL4� rint) Signature , � II Q IMA) of W//t l�Yl�4ory1.,00 gzT, Address - �VVVlllaaa,---CCCn.�t��n N Date Notary PublicSUsiC. "OtKy MW YO* ONS, omwiB ibn� sept 'Off j SEP - 6 200710911 1 Southall Town Planni 9oard i PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 9/7/07 Re: Proposed Standard Subdivision of Allan & Ellen Wexler SCTM#s: 1000-79-8-18.1 Date of Hearing: Monday, September 10, 2007, 6:00 p.m. i SENDER: COMPLETE THIS SECTION A. ture I ■ Complete items 1,2,and 3.Also complete ,�,_D _ f�• 3 I item 4 if Restricted Delivery is desired. C..o ■ Print your name and address on the reverse - N C. DetE u'I so that we can return the card to you. B. Received by(Printed Name) SOUtF10L9 j(y 1. 1971 M� ■ Attach this card to the back of the mailpiece, m '" \ or on the front if space permits. f0.41 i s� t D. Is delivery address different from hem 14 C CD Postage $ i w 1. Article Addressed to: If YES,enter delivery address below: C rL $2.65 Certified Fee Pr_ p M �//`Ja 1 O Return Receipt Fee $2.15 '� He _. P- O (Endorsement liveRequired)ye 1 i (�' I o Restricted Delivery Fee $0.00 / (Endorsement Repwretl) Sl02� � �{� Z� 3' Type M1 Total Postage&Fees .$ 5.21 �/24/2Q07 ,l � r Certified Mail ❑ Express Mail f - - - .- .(�i JI._'L' �I( egistered ❑Return Receipt for I'r ant To . C 1 ❑ Insured Mail ❑C.O.D. r` J "LLL J� Sd��'r•_t- -- .`. f--� ....... ^_ I C3 .l1".. .-No.; -----------------t...--.. 4. P�k1��ive Extra 1_ IO Street,APL N. ���yyy ry f -I r or P0 Box No. ...... I state, - .-..-... .O-L.I.--..- Z1 44 2. Article Number 7037 0710 0 . - e . 1 6-i �`r1 (Trensler hour service label) KNOW a. 1 '=' rr rr. PS Form 3811,February2004 Domestic' slum R ■ Complete items 1,2,and 3.Alec' $ f5r 1 08/24/2007 - item 4 if Restricted Delivery is de Irl Total Postage 8 Fees j ■ Print your name and address on - - -- 1 �, ,r so that we can return the card tc f�($ V ,%('(� � � L(�I • Attach this card to the back of th C3 ').t ----------------'---------------------,�--------- >10 --- --------- --------- Street Act Na.; 4Q or on the front if space permits. 0 or PO Box No. /(_7 "2f.25 No, City Slate,ZIP+G ,. Article Addressed to: Va N y 11 7 1 ��r t W i 111Q WJ �.�CU'P ��. 3. �n ti�� _• - r r�.�.. �' y�� : r • rr. ar JR-AU ti 11>71 4. 2. Article Number 7007 0710 0003 �O /171 3. 15ME Type (Transfer from service label) - ----_-------- - -- -- �C �C-L � Certified Mail ❑Express Mall PS Form 3$11, February 2004 Domestic Return F 53 15 )`Jto ❑Registered ❑Retum Receipt for Merchand; ry D �) ..t4 ^ I�7/ // y/ 13 Insured Mall ❑C.O.D. . . 7`�/r / 4. Restricted Del ery7(Exits Fea) ❑Yes 1. Article Addressed to: 2. Article Nun 7007 0710 0003 2873 5280 (Transfer in.,,, ex,1 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1_. 1. Article Addressed to: Lf t)6 2 If YES,enter delivery address below: ❑No Cuf 4 1IDVV\ ti�ic�.�1✓-Q�-4 ,J 4. I I,!a d N101 Awl&d 3._SyAce Type 2. Article Number 7007 0710 0- / �LCedlfedMail ❑ / Express Mail (Transfer lrom seMce label) _-. _ ❑Registered ❑ Return Receipt for Marchand[_ Ps Form 3811,February 2004 Domestic Return R �C) �` y1 ( 1 ❑Insured Mall ❑C.O.D. Item 4 if Restricted Delivery is desired. - - 4. Restricted DeIWW(Exits Fse) 0 Yes ■ Print your name and address on the reverse X 2. Article Number - SO that we can return the card to you. B. (Transfer from service labeg 7007 0 710 003 2873 5273 ■ Attach this card to the back of the mailpiece, or on the front if space permits. - PS Form 3811, February 2004 Domestic Return Recalk 1025e5o24A-te D. 1. Article Addressed to: _ ' p�.,Wp��"1°'•rn rtv��rern r y m 1. Article Addressed to: V tt YES,enter delNefyJedtllow: Qy No CIT Tn ,- �'-���)s� 5 /J TOL.n.ceLL . ��rr )/ /b 2 Nd(�1 r�YU 1 du Iii 3.. � � nLf S N�rr' � v a ca tined Mall ❑ 'l 1- \ 'A�r Express Mail ' 1 S� U 1 y � ' 7 I ❑Registered ❑Return Receipt for Merchandlo ❑Insured Mail ❑C.O.D. 4. 4. Restrkted D ;w ry?(aft Fee) ❑yes 2. (rade NumberrInoms 700.7 0710 [ 2. Article Number 7007 0710 0003 2873 5266 (Transfer from service/abeQ (Trans/er hour sery/ce labep PS Form 3811, February 2004 Domestic Return l PS Form 3811,February 2004 Domestic Return Recelot ,,,, U.S. Postal Service CERTIFIED MAIL RECEIPT S (DomesticOnly; - tU Far delivery informatian visi aur .1 ,v,11 Ip�COM Ln m soaiF fit I L 43 Postage $ $0.41 0971 S ru Derdw Fee $2.65 M I'ostrmrk .7 p HeWts Raseipt Fee $2.15 I Here, C3 (EMorumMt RequlreE) M ReetriGe•DelN"Fee p (Entlonement Be4WZ $0.00 �l _ 17� $Total Postage&Fees , $5.21 08/24/2007 O To C3 M1 .j1.wPOBox No. yl-� -.-' - Z L9 —..--""'------- C. oa•y,Meat,ZIP4 7I '1@ $5.21 rO Total Postage 8 Fees $ , It, To OwA OF(). ° +�old C3 S...t.�t. ;-----------'........-----......-'---.... ..................................................... prPrPOBaxNa. W :�;za: ... M1 Total Postage 8 Fees $ C3 M1Se pi o p Shaer.Apr.f�a.�. r. ` ... . . or y/Q �-o 2 ... .-..POBoxN ---..5LO.-S.-C.... o' « 7-i r, r. See Reverse for Instructions C3 . 4 - ... C3 MWAF7W M1 wPOBox Na 33 `o y t` ar To / C3 49/77 - p ---- - -- - ------------------�. ......------ -----...-------- Streei,Apt.No.;--------- q ----' w POBox No. /JGV U. CM.Sfefe,ZIP+4 .J L�L -N�C�� /'j/ :rr rr. Submission Without a Cover Letter Q Sender: z//-e5-2n Subject: SCTM#: 1000 - 77 Date: 9Er' - 4 2007 Comments: d-l �ll d17 Aw I O Q James F. King, President *Of SOplyo Town Hall Jill M. Doherty,Vice-President ,�O l� 53095 Route 25 P.O. Box Peggy A. Dickerson Southold,New Yorkk 11971-0959 Dave Bergen e • O Telephone(631) 765-1892 Bob Ghosio,Jr. Q�y00 N% Fax(631) 765-6641�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Anthony Trezza, Senior Planner FROM: Jill Doherty, Vice-President+ Board of Trustees DATE: August 20, 2007 RE: Wetlands Verification Wexler Property— SCTM#79-8-18.1 i� The Board of Trustees reviewed the sketch plan for the above-referenced property, the Environmental Technician for the Town of Southold conducted an inspection, and it was determined that the building envelopes within the proposed 2-lot subdivision to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is the responsibility of the property owner to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from the project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and the project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to contact our office. #8507 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina MacDonald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 30"' day of August, 2007. JPrincipal Clerk Sworn to before me this day of 2007 ' SFGAL.NOTTCF Notice of Public Hearing 0vF4,a I,t/ /tJ�t,'� (/�NOTICE IS HEREBY GIVEN that, l/��'�/•`-'-' G `r"pursuant to Section 276 of the TownLaw and Article XXV of the Code of the Town of Southold, a public hear- ing will be held by the Southold Town CHRISTINA VOLINSKI Planning Board,at the.Town Hall,Main NOTARY PUBLIC-STATE OF NEW YORK I Road,Southold,New York on the loth day of September,2007 on the question No. 01-V06105050 of the following: Qualified in Suffolk County vi6:00 P.M.Proposed Standard Subdi- sion ofQOaa&EBeh Wci[yr cgmmiaalon Expires February 28, 2000 on the s/s/o located North Bayview Road,ap- proximately 415 ft.w/o Paradise Point Road, in Southold,Town of Southold, i County of Suffolk,State of New York. Suffolk County Tax Map Number 1000- 79-8-18.1 - 6:05 p.m. Proposed Site Plan for Sparkling Pointe Winery located on the s/s/o County Road 48, approximately 1,699 ft. w/o Tuckers Lane, known as 39750 County Road 48, in Southold, i Town of Southold, County of Suffolk; State of New York.Suffolk County Tax Map Number 1000-59-10-1 6:10 p.m. Proposed Site Plan for New Cingular Wireless PCS,LLC/East Marion Fire District located on the N '.. s/o NYS Route 25,approximately 494' 1 w/o Stars Road,in East Marion,Town Of Southold, County of Suffolk: State Of New York.Suffolk County Tax Map Number 1000-31.3-11.31 Dated:8/24/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B.Woodhouse Chairperson $507-1T 8/30 r o © MAILING ADDRESS: PLANNING BOARD MEMBERSO f so P.O. Box 1179 JERILYN B.WOODHOUSE O�� y0 Southold, NY 11971 Chair o OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON %2 �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��.�COU,M Southold, NY n 11 Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of September, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision of Allan & Ellen Wexler located on the s/s/o North Bayview Road, approximately 415 ft. w/o Paradise Point Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-79-8-18.1 6:05 p.m. Proposed Site Plan for Sparkling Pointe Winery located on the s/s/o County Road 48, approximately 1,699 ft. w/o Tuckers Lane, known as 39750 County Road 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-10-1 Dated: 8/23/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, AUGUST 30, 2007 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 v O O Kalln, Carol From: JOAN ANN paweber@timesreview.com] Sent: Tuesday, August 28, 2007 9:16 AM To: Kalin, Carol Subject: Re: Legal Ad for 8/30 Edition Carol: Received Legal Ad for 8/30 Edition. Also, received your second e-mail adding an additional hearing. It will appear in the Suffolk Times, Legal Notice 8507 Joan Ann -----Original Message----- From: Kalin. Carol To: iaweber@timesreview com Sent: Thursday,August 23, 2007 2:57 PM Subject: Legal Ad for 8/30 Edition Joan Ann, Please print the attached legal ad for the Planning Board's 9/10 Regular Meeting in the 8/30 edition and send me confirmation of receipt of this request: 6:00 p.m. Wexler Standard Subdivision 6:05 p.m. Sparkling Pointe Winery Thanks -Carol 8/28/2007 ~ O O MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o��pf SOUTyoI Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON 0 �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l,�'COU,M'� Southold, NY n 11 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of September, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision of Allan & Ellen Wexler located on the s/s/o North Bayview Road, approximately 415 ft. w/o Paradise Point Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-79-8-18.1 6:05 p.m. Proposed Site Plan for Sparkling Pointe Winery located on the s/s/o County Road 48, approximately 1,699 ft. w/o Tuckers Lane, known as 39750 County Road 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-10-1 Dated: 8/23/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 0 0 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 23rd day of August, 2007 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 9/10/07 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Standard Subdivision of Allan & Ellen Wexler, SCTM#1000-79-8-18.1 6:05 p.m. Public Hearing for the proposed Site Plan for Sparkling Pointe Winery, SCTM#1000-59-10-1 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this day rlu S� , 2007. Nota lic MELANIE DOROSKI NOTARY PUBLIC,State of New York No. 01004634870 Qualified in Suffolk County Commission Expires September 30,_. MAILING ADDRESS: PLANNING BOARD MEMBERS DF soar P.O. Box 1179 JERILYN B.WOODHOUSE O�� y�l Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON %� �PS (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCOUrfi'1, Southold, NY IY 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2007 Mr. & Mrs. Alan Wexler 305 West 20th Street New York, NY 10011 Re: Standard Subdivision of Allan and Ellen Wexler Located on the s/s/o North Bayview Road, approximately 415' w/o Paradise Point Road, in Southold SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. & Mrs. Wexler: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 13, 2007: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted sketch approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on March 12, 2007, the Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA; and WHEREAS, on March 22, 2007, the applicant submitted copies of the draft Declaration of Covenants and Restrictions for review by the Town Attorney and Planning Board; and WHEREAS, on March 30, 2007 an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; be it therefore Allen & Ellen Wexler Page Two August 13, 2007 RESOLVED, that the Southold Town Planning Board set Monday, September 10, 2007 at 6:00 p.m. for a preliminary public hearing on the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, September 7th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, erily�J n B. Woodhouse Chairperson Encl. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-79-8-18.1; 3. That the property which is the subject of this application is located in the A-C (Agricultural-Conservation) Zoning District; 4. That the application is for a standard subdivision to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres. The property is located on the s/s/o North Bayview Road, approximately 415 ft. w/o Paradise Point Road, in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday. Sept. 10, 2007 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Allan & Ellen Wexler Date: 8/16/07 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 9/7/07 Re: Proposed Standard Subdivision of Allan & Ellen Wexler SCTM#s: 1000-79-8-18.1 Date of Hearing: Monday, September 10, 2007, 6:00 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing 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 hearing 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. 1 io-is-a) a i/1r1 fA^ ' I -v 3 29e x �13.9 .LO O -xv-v 04 0005-v 3.1 _ A 42 K•1 ' HO[Q O3 27 01 5 ^ p ° LOA -e .n LJllcl •x Wr,P° 6 m x `° n . 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ALLAN & ELLEN WEXLER WEXLER STANDARD SUBDIVISION 0 1000 -79 =8 - 18 . 1 Proposal to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1 .916 acres and Lot 2 equals 1 .916 acres in the A-C Zoning District. % ONDAY - SEPT. 10 , 2007 - 6 : 00 P . M . OFFICE LOCATION: ` ��OF SOpj�o • MAILING ADDRESS: Town Hall Annex h� �O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) H Southold,NY O Telephone: 631765-1938 Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM Date: July 20, 2007 To: Jim King, President, Board of Trustees From: Heather Cusack, Environmental Technician Re: Wetlands Verification for the Wexler Property 1000-79-8-18.1 I inspected the above referenced property at your request to verify the two wetland locations mapped on the survey. The wetlands to the south of the parcel are correctly flagged and located on the survey. They are over 300 feet from the existing structures, and over 100 feet from the eastern principal building envelope. I measured the wetlands that are located to the southeast of Lot 2, and checked each wetland flag; the survey indicates 106.4 feet from the existing garage to wetland flag 2. This flag is tied to a Highbush blueberry plant, an indicator of wetland and wetland edge. There is a stand of Highbush blueberries closer to the garage; I measured 71 feet to the first one. There are some indications that the wetland seasonally extends landward of what is flagged including wet soils, red maples, and chestnut oaks that are buttressed on the bottom. This will not affect the proposed subdivision as the distance is from an existing building. While the wetland is not on the parcel but on the adjacent land, I recommend that the approval indicates a 100 foot non-disturbance area from the wetlands, with any activity in that area requiring a permit from the Board of Trustees. In order to protect these fresh water wetland areas the 100 foot buffer should be maintained in it's wooded, undisturbed condition, maintaining the under story and the groundcover. These buffers are habitat for salamanders in the pine needle/leaf litter, and also filter ground water and the surface water of the pond areas. MAILING ADDRESS: Of Soplyo� P. la ox 11 Sou971 OFFICE LOCATION: GTown Hall Annex it �O 54375 State Route 25 HEATHER CUSACK (cor. Main Rd. &Youngs Ave.) h`C Environmental Technician OU Southold, NY Telephone: 631 765-1938 PLANNING BOARD OFFICE Fax: 631 765-3136 TOWN OF SOUTHOLD �✓ t MEMORANDUM V .%' '`f Date: May 16, 2007 To: Anthony Trezza, Senior Planner From: Heather Cusack, Environmental Technician Re: Wetlands Verification for the Wexler Property 1000-79-8-18.1 I inspected the above referenced property today to verify the two wetland locations mapped on the survey. The wetlands to the south of the parcel are correctly flagged and located on the survey. They are over 300 feet from the existing structures, and over 100 feet from the eastern principal building envelope. I measured the wetlands that are located to the southeast of Lot 2, and checked the wetland flags; the survey indicates 106.4 feet from the existing garage to wetland flag 2. This flag is tied to a Highbush blueberry plant, an indicator of wetland and wetland edge. There is a stand of Highbush blueberries much closer to the garage; I measured 71' to the first one. There are also other indicators that the wetland seasonally extends landward of what is flagged including red maples and chestnut oaks that are buttressed on the bottom. While the wetland is not on the parcel, I recommend that the approval indicates a 100 foot non- disturbance area from the wetlands, with any activity in that area requiring a permit from the Board of Trustees. In order to protect these large fresh water wetland areas the 100 foot buffer should be maintained in it's wooded, undisturbed condition, maintaining the under story and the groundcover. These buffers are habitat for salamanders in the pine needle/leaf litter, and also filter ground water and the surface water of the pond areas. New York State Departmet of Environmental Conservton 4-1 Division of Environmental Permits, Region One AM SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631)444-0365 • FAX: (631)444-0360 Iowa Website: www.dec.state.ny.us _ LETTER OF NON-JURISDICTION FRESHWATER WETLANDS ACT April 26, 2007 Allan and Ellen Wexler 305 West 20'Street Apt#1 New York,New York 10011 Re: 14738-03704/00001 10900 North Bayview Road- Southold I.— Dear Mr. &Mrs. Wexler : Based on the information you submitted the Department of Enviropmentsl{'.6fiservation has determined that: the parcel of property(Lot 1), located at 10900 North Bayview Road, Southold(SCTM# 1000- 79-08-18.1)as shown on the survey prepared by Joseph A. Ingegno, dated 9/12/01, last revised on 3/6/07 is located more than 100 feet from regulated freshwater wetlands. Therefore,no permit is required pursuant to the Freshwater Wetlands Act(Article 24) and its implementing regulations (6NYCRR Part 663). Please be aware that portions of(lot 2)are under the jurisdiction of Article 24 (Freshwater wetlands) and may require a permit if any future disturbance is planned. Be advised, all construction, clearing, and/or ground disturbance must remain more than 100 feet from the freshwater wetland boundary. In addition, any changes,modifications or additional work to the project as described, may require authorization by the Department. Please contact this office if such activities are contemplated. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely Ro Evans Pe 't Administrator cc: BOH/mep r O O��pF SOpj�ol MAILING ADi�: OFFICE LOCATION: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) H Southold, NY �� Telephone: 631 765-1938 Fax: 631 765-3136 OOUNTI,� LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM 4 D APR 1 92007 To: Jerilyn B. Woodhouse, Chair —� Town of Southold Planning Board So• ,In luxn � may' Pxvn Bard Mark Te Senior Environmental Planner , 71 LWRP Coordinator :- Date: April 18, 2007 Re: Proposed Standard Subdivision of Allan Wexler SCTM# 1000-79-8-8.1 Zoning District AC 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. This proposal is to subdivide a 3.82-acre parcel into three lots where Lot 1 equals 1.91 acres and Lot 2 equals 1.91 acres in the AC Zoning District To meet Policy 3.1 "Enhance visual quality and protect scenic resources throughout the Town of Southold". C. Screen components of development which detract from visual quality. It is recommended that if the action is approved, a 50 foot vegetative buffer of existing vegetation be established along North Bayview Road to screen the visual impact of any future structures. 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, it is recommended that the following best management practices be required: Require the use of gutters, leaders and subsurface drvwells to retain surface runoff on-site. Require the use of native plants and encourage the use of disease-resistant and drought-tolerant plants in landscaping. Require pervious driveways to serve each lot. Additionally, where fertilization is proposed, the following best management practices are recommended for lawn areas: Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply or freshwater wetlands. Prohibit the application of any_pesticides and fertilizers within 100 feet of the freshwater wetlands. To further Policy 6 "Protect and restore the quality and function of the Town of Southold ecosystem",the following is recommended. To protect the sensitive wetland systems to the east of the parcel: require a perpetual, 100' non-disturbance buffer adjacent to the freshwater wetlands. Prohibit therg ading of soil, mowing cutting or trimming of vegetation or any other activity that would cause the death of vegetation or affect the natural grade of the area within the buffer area. To further sub-policy Policy 9.1,Promote appropriate and adequate physical public access and recreation to coastal resources",the following is recommended: Require that the applicant establish a public trail easement through the property to help link the Peconic Land Trust Shellfisher Preserve with the Cornell Cooperative Extension Facility. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP, provided that the above recommendations are required in the subdivision approval. Cc: Anthony Trezza, Senior Planner File SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway. PO Box 38, Oakdale, New York 11769 December 5, 2006 Ellen Wexler 305 West 20" St., Apt 1 New York, NY 10011 Re: Water Availability — N. Bayview Rd Southold SCTM #1000-79-8-18.1 File #4588565 Dear Ms. Wexler: 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 N. Bayview Dr. Connection fees, which include any applicable water main surcharges, application and an inspection will be required for the house service line installations. Key money is also required on all new construction. 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) 218-1148, or me directly at(631) 563-5672. Sincerely, L2" � Lisa Cetta Assistant Manager New Service LC:drh Encs. PRINTED ON RECYCLED PAPER PATRICIA C. MOORET Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 21, 2007 Southold Town Planning Board Town Hall Annex Southold, NY 11971 HAND DELIVERED Re : Standard Subdivision; Allan & Ellen Wexler SCTM: 1000-79-8-18 . 1 Dear Ms . Woodhouse: With reference to the above and pursuant to the Resolution dated February 13 , 2007, enclosed please find a draft Declaration of Covenants & Restrictions for your review. Please advise if they are acceptable to you and your Board and we will arrange for the execution and recording of same. Thank you. Very, t;" yours, : . � �Faricia C. Moore i PCM/bp �1 encls . 1 1yi _.J 0 DECLARATION AND COVENANT THIS DECLARATION made the day of March, 2007 by ALLAN WEXLER and ELLEN WEXLER, residing at 305 West 20th Street, New York, New York 10011, hereinafter referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Southold, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "Standard subdivision of Allan and Ellen Wexler" , as shown on Final Plat last dated prepared by Joseph A. Ingegno, LS, dated September 12, 2001 and last revised on September 11, 2006, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk' s Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit : a. Future residents of the lots on the approved subdivision are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town code . b. No further subdivision of any of the lots on the approved subdivision map in perpetuity. C . No changes to any of the lot lines without Planning Board approval . d. All storm water 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. e . Prior to any construction activity on Lot 1, 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 Enviornmental Conservation under Phase II State Pollutant Discharge elimination system. f . Specify the clearing limits for Lot 1 and refer to Section 240-49C of the Town Code . g. No clearing, grading or ground disturbance shall be permitted within 100 ' of the freshwater wetlands h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Allan Wexler Ellen Wexler State of New York ) ss: County of ) On this day of March, 2007. before, the undersigned, personally appeared ALLAN WEXLER and ELLEN, WEXLER, personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public DECISION 2000 REAL ESTATE SERVICES INC. SCHEDULE A CONTMED Title No.01-08-2401 All that certain plot,piece or parcel of land, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: Beginning at a point on the southeasterly side of North Bayview Road where the same is intersected by land now or formerly of Craig S. Jobes and Kimberly Jobes, said point or place of beginning being also distant 414.68 feet southwesterly as measured along the southeasterly side of North Bayview Road from the westerly end of a tie line which tie line connects the southeasterly side of North Bayview Road with the westerly side of Paradise Point Road; Running thence from said point or place of beginning along land now or formerly of Craig S. Jobes and Kimberly Jobes South 19 degrees 12 minutes 35 seconds West 559.23 feet to land now or formerly of Robert L. Stott Jr. and Heidi B. Stott; Thence along said last mentioned land the following three courses and distances: 1. North 77 degrees 27 minutes 20 seconds West 174.74 feet; 2. North 73 degrees 33 minutes 10 seconds West 326.15 feet; 3. North 20 degrees 10 minutes 30 seconds East 103.61 feet to the southeasterly side of North Bayview Road; Thence along the southeasterly side of North Bayview Road North 64 degrees 33 minutes 15 seconds East 699.50 feet to the point or place of Beginning. For Information Only: District 1000 Section 079.00 Block 08.00 Lot 018.001 Representing Chicago Title Insurance Company • 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �r4F sorry P.O. Box 1179 JERILYN B.WOODHOUSE ��� Ol0 Southold, NY 11971 Chair lxt OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON • �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCOUNTI Nt.`' Southold, NY Telephone: 631 765-1938 March 13, 2007 PLANNING BOARD OFFICE Fax: 631 765-3136 Mr. & Mrs. Alan Wexler TOWN OF SOUTHOLD 305 West 20th Street New York, NY 10011 Re: Standard Subdivision of Allan and Ellen Wexler The property is located on the s/s/o North Bayview Road, approximately 415' w/o Paradise Point Road in Southold. SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. & Mrs. Wexler: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 12, 2007: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on November 14, 2006, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted Sketch Approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; 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. 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, JerilWoodhouse Chairperson cc: Suffolk County Department of Health Services New York State Department of Environmental Conservation Enc. • MAILING ADDRESS: PLANNING BOARD MEMBERS �QF sorry P.O. Box 1179 JERILYN B.WOODHOUSEh�� X11 Southold, NY 11971 Chair y l�( T OFFICE LOCATION: KENNETH L.EDWARDS y Town Hall Annex MARTIN H. SIDORT @ 54375 State Route 25 JOSEPH L. GEORGE L. SOLOMON Q� • �� (car. Main Rd. &Youngs Ave.) TOWNSEND 'YCQUI Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant March 12, 2007 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: Standard Subdivision for the Property of Allan and Ellen Wexler SCTM#: 1000-79-8-18.1 Location: The property is located on the s/s/o North Bayview Road, approximately 415 feet w/o Paradise Point Road in Southold. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District. 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. The determination was based upon the following: Allan and Ellen Wexler • Page Two • March 12, 2007 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 of erosion, flooding, leaching or drainage problems will occur as a result of this action. There is already an existing residence. This proposal will result in the creation of only one (1) additional building lot. 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, and no other significant adverse impacts to natural resources will occur. Clearing restrictions will be mandated for this project and significant stands of vegetation will be protected. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. This project complies with the subdivision regulations and meets all of the zoning requirements of the Town Code. 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. A Phase IA Archeological Survey will be required for this project. No major change in the use of either the quantity or type of energy will occur. Only one additional residential lot is being created and is not expected to have an overall impact on energy resources. 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 cc: Elizabeth Neville, Town Clerk (attach to resolution) Suffolk County Department of Health Services New York State Department of Environmental Conservation w PLANNING BOARD MEMBERS• SO `` • MAILING ADDRESS: JERILYN B.WOODHOUSE �� 0� UryQ�O P.O. Southold, NY 1 971 Chair 4 y OFFICE LOCATION: KENNETH L. EDWARDS y Town Hall Annex MARTIN H.SIDOR 4 54375 State Route 25 GEORGE D. SOLOMON Ql (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ycoul11, N Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE February 13, 2007 TOWN OF SOUTHOLD Mr. & Mrs. Alan Wexler 305 West 20th Street New York, NY 10011 Re: Standard Subdivision of Alan and Ellen Wexler The property is located on the s/s/o North Bayview Road, approximately 415 feet west of Paradise Point Road in Southold. SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. and Mrs. Wexler: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 12, 2007: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on November 14, 2006, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain all of the technical requirements pursuant to Section 240-17 of the Southold Town Code, in addition to the following changes: a. The title of the map shall read "Standard Subdivision for the Property of Alan and Ellen Wexler." b. Specify the permissible amount of clearing for Lot 1, pursuant to the Section 240-49C of the Town Code. And show the location of said clearing limit on the map. 2. Submission of draft Declaration of Covenants and Restrictions containing the following clauses: Mr. & Mrs. A. Wexler Page Two February 13, 2007 a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. b. No further subdivision of any of the lots on the approved subdivision map in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. 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. e. Prior to any construction activity on Lot 1 , 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. f. Specify the clearing limits for Lot 1 and refer to the g. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands. h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. 3. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 4. Submission of a permit or letter of non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. 5. Review by the Town of Southold LWRP Coordinator. I' The applicant is advised that additional covenants and restrictions and/or map changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, Town Engineer, Town Trustees, Highway Superintendent, Suffolk County Planning Commission, Suffolk County Department of Health Services, and the New York State Department of Environmental Conservation. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jenlyn B. Woodhouse Chairperson • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF SOpTyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G 54375 State Route 25 GEORGE D.SOLOMON .� �O (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND l�COV N Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Heather Cusack, Environmental Analyst Town of Southold Board of Trustees From: Anthony Trezza, Senior Plann� Date: November 16, 2006 Re: Wetlands Verification for the Wexler Property 1000-79-8-18.1 The Planning Board is in receipt of an application for a 2 lot subdivision involving the above-referenced property. Before the Planning Board is able to process the application and make any determinations as to building envelopes or parcel yield, the wetlands need to be verified by your office. I have attached a copy of the sketch plan and the aerial photograph for your use. If you have any questions or need additional information, please feel free to contact this office. Thanks you for your assistance with this matter. SUFFOLK COUNTY WATER AUTHORITY Timothy J. Hopkins Administrative Offices: 4060 Sunrise Highway, Oakdale, NY 11769.0901 General Counsel (631) 563-0236 F#x1631)5656370 December 14, 2006 '. DEC 19 rl Ms. Jerilyn B. Woodhouse, Chairperson - - Planning Board Office ' Town of Southold P.O. Box 1179 Southold, NY 11971 Re: SEQRA- Subdivision Wexler, SCTM# 1000-79-8-18.1 Dear Ms. Woodhouse: Your notification for SEQR Coordination was received and reviewed by our agency. Please be advised that our agency,the Suffolk County Water Authority,has no objection to the Planning Board for the Town of Southold assuming Lead Agency status for the project captioned above. In the SCWA review of this project as submitted,our agency found no appreciable impacts on groundwater quality that would affect our operations.Nevertheless the Authorityreserves the right to comment on this proposed action in the future and would appreciate copies of all DEIS's and FEIS's,etc. Additionally in keeping with the SCWA's mission ofprotecting and conserving the Town of Southold's water supply and to reiterate the findings ofthe environmental review for the SCWA's Water Supply Plan, the SCWA encourages the proposed project to incorporate the following conditions: 1. Permitting the irrigation of only 15% of the area of any single lot. 2. Requiring the use of low flow plumbing fixtures in accordance with the latest codes. 3. Adopting methods to reduce the potential of degraded water from recharging to the aquifer. This could include limits on the amount of fertilizer dependent vegetation maintained on a lot. 2006 National Source Water Protection Award Winner Page Two December 14, 2006 Furthermore,consistent with its Findings Statement,the SCWA encourages the Town to impose appropriate conditions on the project to reduce the potential impact this project will have on the water resources ofthe Town of Southold. These conditions could be memorialized in the form ofCovenants and Restrictions on the project that are recorded with the Suffolk County Clerk. Please forward all documents on this proposal and future SEQR applications under consideration by the Town to my attention. Thank you. Very truly yours, ICmberly Kennedy Assistant to General Counsel SDUTMD<D n � G 'RF DI ST F� SOUTHOLD FIRE DISTRfMv x P.O. BOX 908.(6 SOU 5-4305 N.Y. 1197 r— November 16, 2006 (631) 765a3o5 FAX (631) 765-5076 ern• t„ Mr. Anthony P. Trezza, Sr. Planner Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: Alan and Ellen Wexler SCTM#10GR%-4@0W'1l Dear Mr. Trezza: Please be advised that the Board of Fire Commissioners of the Southold Fire District has reviewed the above mentioned map and found that there is adequate fire protection for this parcel. Fire access is sufficient. This recommendation is valid for one year from the date of this letter. Sincerely, rol A. Miller Fire District Manager • • MAILING ADDRESS: PLANNING BOARD MEMBERS pF S0 P.O. Box 1179 JERILYN B.WOODHOUSE X0`1` Oj_ Southold, NY 11971 Chair �O OFFICE LOCATION: KENNETH L. EDWARDSTown Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON '%tel Aa (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND y�'oU,�I ��.`- Southold, NY 111, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2006 Mr. & Mrs. Alan Wexler 305 West 20th Street New York, NY 10011 Re: Standard Subdivision of Alan and Ellen Wexler The property is located on the s/s/o North Bayview Road, approximately 415 feet west of Paradise Point Road in Southold. SCTM#1000-79-8-18.1 Zoning District: A-C Dear Mr. and Mrs. Wexler: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 13, 2006: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, the Southold Town Planning Board reviewed this application at their work session on October 2, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this unlisted action. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson MAILING ADDRESS: PLANNING BOARD MEMBER rg SO[/jP.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON a�� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �O rry Southold, NY 11 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2006 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 are a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Standard Subdivision of Alan and Ellen Wexler SCTM#1000-79-8-18.1 Requested Action: This proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District. The property is located on the south side of North Bayview Road, approximately 415 feet west of Paradise Point Road in Southold. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Anthony Trezza, Senior Planner (631) 765-1938 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. 0 0 Alan & Ellen Wexler Page Two November 14, 2006 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 for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, 7 J- Y eril n B. Woodhouse Chairperson Encs. cc: Elizabeth Neville Town Clerk Office of the Town Engineer Highway Superintendent Scott Russell, Supervisor Southold Town Board Kieran Corcoran, Assistant Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator *Suffolk County Planning Commission Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher NYSDEC - New York Natural Heritage Program —Albany Suffolk County Water Authority *Maps are enclosed for your review PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516)765-4330 Fax: :(516)765-4643 January 17 , 2002 Mr. and Mrs . Allan Wexler 305 West 20" Street New York, NY 10011 RE : Clement Charnews Administrator of the Estate of John Charnews, Jr. to Allan Wexler and Ellen Wexler Premises : 10900 North Bayview Road, Southold, NY Dear Mr. and Mrs . Wexler: Enclosed please find the original recorded Deed and Title Insurance Policy for the above referenced matter. These are important documents and should be kept in a secure place for safekeeping. If you have any questions, please do not hesitate to contact me . Thank you for the opportunity to have been of service to you in this matter. Very truly yours, Patricia C. Moore PCM/mm Enclosures SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 10/17/2001 Number of Pages : 5 At: 10:51 : 14 AM TRANSFER TAX NUMBER: 01-10719 LIBER: D00012147 PAGE : 513 District: Section: Block: Lot: 1000 079. 00 08 . 00 018 . 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $233 ,000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15. 00 NO Handling $5 . 00 NO COE $5. 00 NO EA-CTY $5. 00 NO EA-STATE $25. 00 NO TP-584 $5 . 00 NO Cert.Copies $0 . 00 NO RPT $15 . 00 NO SCTM $0 . 00 NO Transfer tax $932 . 00 NO Comm.Pres $1, 660 . 00 NO Fees Paid $2 , 667 . 00 TRANSFER TAX NUMBER: 01-10719 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County Number of pages EECi RDED TORRENS 2001 Oct. lr 10:51: i4 41 Edid.ard PRcr nine Serial # CLERK OF SIJFFOUL Certificate # L [:0001214' F' 5i, C:,T# 01-tC,719 Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee / h- Mortgage Amt. Handling J \1� I. Basic Tax _ TP-584 \1 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total 30 Spec./Assit. i Or EA-5217 (State) -S Spec./Add. R.P.T.S.A. �yCsSdA� TOT. MTG.TAX } Dual Town Dual County Comm. of Ed. 5 00 n Held for Apportionment Affidavit + 4h., `•rte! Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg. Copy / will be improved by a one or two family Sub Total �fdwelling only. Other i� YES or NO GRAND TOTAL 7s If NO, see appropriate tax clanse on page # of this instrument. Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section B lock Lot Consideration Amount $ ` 'Stamp, 71J, op C)S vim DI� .OdI CPF Tax Due $ lV Improved hii(}8fs Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD& RETURN TO: TD TD (1�1CLiGt� MC�Or'C �S� ryvc) in ed S Dt.r-�� LSI N-'`) . 71 s Title Company Information Co. NameL 6Sioo '2060 Prinj �C _ Title # 01 - na - 'DL/ pl [( VILP) 9 Suffolk County Recording & Endorsement Page This page forms part of the attached 1 Pe-rl ' made by C I PM f"-)-V t1 r9 c ne 4U S (SPECIFY TYPE OF INSTRUMENT) F b GozIre� J lwl 1!/1PLyS The premises herein is situated in fce 1-3 Pr i e Ir- C t I A/7 7 SUFFOLK COUNTY,NEW YORK. l ,1nie- I Ci-II)rnPws, ciS 501c- A T r t rS�-4T PC S TO In the Township of SUI ly In the VILLAGE A Ian n I,tjC'XIC+— � �r f Pm �_'en J(fr' or HAMLET of ,Sol-r` )-)a d 130XES 5 TI-IRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. NY 016-Adminiateates,s Deed(Sing elm•heet)(NYBTU 8005) • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 17th day of September in the year 2001 BETWEEN EDWARD J. CHARNEWS,residing at 3 Schlensker Drive, Glenville, NY 12302, FREDERICK CHARNEWS residing at 1675 Pequash Avenue, Cutchogue, NY 11935 DANIEL CHARNEWS residing at (Noll) Youngs Avenue, Southold, NY 11971 and CLEMENT CHARNEWS residing at 40635 Route 48, Southold, New York 119717 CL S soles bik+ems ar �f,�Q� Johltj,-C11ai, eWs,,Jr. late of Suffolk County (File No."772�9) Who died intestate on the 1st day of October ircthe'yeaf 1999. ti party of the first part,and ALLAN WEXLER and ELLEN WEXLER, his wife, both residing at 305 West 20th Street, New York, New York 10011 party of the second part, WITNESSETH,that whereas letters of administration were issued to the party of the first part by the Surrogate's Court Suffolk County,New York on 4/12/01 and by virtue of the power and authority given by Article 11 of the Estates,Powers and Trusts Law,and in consideration of TWO HUNDRED THIRTY—THREE THOUSAND AND 00/100 ($233,000.00) --------------- dollars, paid by the party of the second part,does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ATTACHED SCHEDULE "A" District 1000 Section 079.00 Block 08.00 Lot(s) 018.001 TOGETHER with all right,title and interest,if any,of the party of the first part in and to an streets and roads abutting the above described premises to the center lines thereof;TOGETHER the appurtenances,and also all the estate which the said decedent had a the time of decedent's death in said prenuses,and also the estate therein,which the party of the first part has or has power to convey or dispose of, whether individual or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the part of the second part,the distributees or successors ad assignees of the part of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. subject to the trust fund provisions of section thirteen of the Lien Law. the word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS W kDa e part of the fir t part has executed this release the day and year first above written. IN PRESENCE OF: Charnewdward harnew— Frederickarnews C a ews, Ad= � DECISION 2000 REAL ESTATE SERVICES INC. SCHEDULE A CONTINUED Title No.01-08-2401 All that certain plot, piece or parcel of land, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: Beginning at a point on the southeasterly side of North Bayview Road where the same is intersected by land now or formerly of Craig S. Jobes and Kimberly Jobes, said point or place of beginning being also distant 414.68 feet southwesterly as measured along the southeasterly side of North Bayview Road from the westerly end of a tie line which tie line connects the southeasterly side of North Bayview Road with the westerly side of Paradise Point Road; Running thence from said point or place of beginning along land now or formerly of Craig S. Jobes and Kimberly Jobes South 19 degrees 12 minutes 35 seconds West 559.23 feet to land now or formerly of Robert L. Stott Jr. and Heidi B. Stott; Thence along said last mentioned land the following three courses and distances: 1. North 77 degrees 27 minutes 20 seconds West 174.74 feet; 2. North 73 degrees 33 minutes 10 seconds West 326.15 feet; 3. North 20 degrees 10 minutes 30 seconds East 103.61 feet to the southeasterly side of North Bayview Road; Thence along the southeasterly side of North Bayview Road North 64 degrees 33 minutes 15 seconds East 699.50 feet to the point or place of Beginning. For Information Only: District 1000 Section 079.00 Block 08.00 Lot 018.001 Representing Chicago Title Insurance Company `1 j JJ 1 STATE OF �c•`Ip� �c ) • COUNTY OFS-C.( jSS.: On the day of c Ir'v�5�— in the year2cW before me, the undersigned, a notary public in and for said cfState, personally appearedcH e- rj-Pws y known to me or proved to me on the basis of satisfactory evidence to betheindividual(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 on behalf of which the individual(s) acted, executed the instrument. LORA GRILLO Notary Public,State of New York Suffolk County GR-4982888 Commission Expires June 10, 20 Fac_0 R DE0 2,001 j- 214 �LERK OF .. ,?rJilla Li+i P c+- U, SCISION 2000 REAL ESTATE SERVICWC. OWNERS POLICY SCHEDULE A Office File Number Polia Number Date ofPolic Amount of Insurance 01-08-2401 33 0263 106 00000173 October I, 2001 $233,000.00 Name of Insured: ALLAN WEXLER AND ELLEN WEXLER The estate or interest in the land which is covered by this Policy is: FEE SIMPLE Title to the estate or interest in the land is vested in the Insured BY DEED DATED OCTOBER I, 2001 MADE BY CLEMENT CHARNEWS,EDWARD CHARNEWS, FREDERICK CHARNEWS AND DANIEL CHARNEWS AS DISTRIBUTEES OF THE ESTATE OF JOHN CHARNEWS,JR,DECEAED. The land herein described is encumbered by the following mortgage or trust deed, and assignments: NONE OF RECORD and the mortgages or twist deed, if any, shown in Schedule B hereof. The land referred to in this Policy is described as follows: SEE SCHEDULE ANNEXED HERETO SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which may arise by reason of - 1. Survey by Joseph A. Ingegno dated 9-12-01 shows a one story frame house;brick stoop; overhead wires crossing northerly portion of premises and dirt road,which dirt road encroaches an undetermined distance east of easterly record line and which encroaches an undetermined distance on to North Bayview Road. No other encroachments. Policy will except any changes since the date thereof. 2. Water and Sewer Charges, if any. Countersigned oozed Signatory Representing Chicago Title Insurance Company DECISION 2000 REAL ESTATE SERVICES INC. SCHEDULE A CONTINUED Title No.01-08-2401 All that certain plot, piece or parcel of land, situate, lying and being at Bayview, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: Beginning at a point on the southeasterly side of North Bayview Road where the same is intersected by land now or formerly of Craig S. Jobes and Kimberly Jobes, said point or place of beginning being also distant 414.68 feet southwesterly as measured along the southeasterly side of North Bayview Road from the westerly end of a tie line which tie line connects the southeasterly side of North Bayview Road with the westerly side of Paradise Point Road; Running thence from said point or place of beginning along land now or formerly of Craig S. Jobes and Kimberly Jobes South 19 degrees 12 minutes 35 seconds West 559.23 feet to land now or formerly of Robert L. Stott Jr. and Heidi B. Stott; Thence along said last mentioned land the following three courses and distances: 1. North 77 degrees 27 minutes 20 seconds West 174.74 feet; 2. North 73 degrees 33 minutes 10 seconds West 326.15 feet; 3. North 20 degrees 10 minutes 30 seconds East 103.61 feet to the southeasterly side of North Bayview Road; Thence along the southeasterly side of North Bayview Road North 64 degrees 33 minutes 15 seconds East 699.50 feet to the point or place of Beginning. For Information Only: District 1000 Section 079.00 Block 08.00 Lot 018.001 Representing Chicago Title Insurance Company ENDORSEMENT • Attached to and forming a part of Policy No. 01 -08-2401 33 0263 106 00000173 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: 5. Any statutory Iien for seryices,labor or materials furnished prior to the date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein,except as modified by the provisions hereof. DATED: 10/1 /01 CHICAGO TITLE INSURANCE COMPANY By: visu v ` President By: ^ Authorized Signatory Note:This endorsement shallnot be valid orbinding Y ~d,`Jv (�CSeeccreettatryy until countersigned by an authorized signatory. Standard New York Endorsement(811193) For use with ALTA Owner's Policy(10-17-92) Reorder Form No.10990 0 LASER FICHE FORM SUBDIVISIONS SCANNED JUN 1 9 2008 Protect Type: Standard Records Management Status: Final Approval SCTM # : 1000 - 79.-8-18.1 Project Name: Wexler, Allan & Ellen Location: The property is located on the s/s/o North Bayview Road, approximately 415 ft. w/o Paradise Point Road, in Southold. Hamlet: Southold Applicant Name: Allan & Ellen Wexler Owner Name: Allan & Ellen Wexler Zone 1 : R-80 Approval Date: 6/16/2008 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association R and M Agreement: Address: 10900 North Bavview Rd., Southold County Filing Date: SCAN Date: Na6yATM 1m,B PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCALE) HOUSE TBP BURIED F EL._t.T.O_' 4' BEEP FINISHED GRADE .l FISH GRADE PRECAST R0D CONCRETE COVER °'n, It24•dia MOCKING, WATERTIGHT h INSECT PROOF Fl£V ".'j BURIED I'' DEEPBEEP m1n. 2' DEEP mar. CAST IRON COVER TO GRADE DISTRIBUTION POOLr`W' MIN 4' tlio 20•min MIN. 4• 9' TOP EL 9.]' 3 Mp. PIPE O'mm. OF A 3 POOL SYSTEM PRO HEB 14' 1' TOP E-Ev. ,LTi an APPROVE➢ PIPE CF Pff41E0 D PIPE• INV EL m _� 3' CLEAN m,uh m SAND 93' EIEv ➢1 '�� a Q 3: 3 p FLOW ELLV B9: BNO E . 'SUBJECT' all remFEST ROAD PREMISES BOTTOM I cRauxB wnlEq q EIEV. 4.E: DEVT'9' SEPTIC TANK (11 1. MINIMUM SEPTIC TANK GAPACTI6 FOR A 1 TO 4 BEDROOM HOUSE 15 1,00D GALLONS. 1 TNM; e' LONG, 4'-3'WIDE, 6'-]' DEEP •� I 2 CONCRETE 9W1. HAVE A M114MRIM COMPRESSME STRENGTH OF 3,000 p1 AT 2e GAYS `C� 3. WALL THICKNESS SHAL, BE A MINIMUM BE 3', A TOP THICIGNM OF 6- AND A BOTTOM THICKNESS OF V LEACHING POOLS (31 ALL WNL$ ItODOM AND TOP SHAUL COWNN REINFORCING TO ROBERT AN APPUEII FORCE OF 300 pef yM"' } 4. ALL JR W1 BE SEALED 50 THAT THE TNN( R WATEREGHT. 1 MINIMUM LEN•HING SYSTEM! FOR FOR A 1 TO 4 BEDROOM HOUSE IS ]CU eq It SIDEWAARE& � Mn9 5. THE SEPf10 LWK SHALL BE INSTNLED AT IEYII N ALL DIRECTIONS (WITH A MAX. TOLERANCE OF 11/41 3 POOLS 4' DEEP, 6' this. DN A MIHIMIIM 3' THICK BED OF COMPACTED SAND OR PEA GRAVEL 2. LEACHWG POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCE] CONCRETE (OR EGUN) O 6 A 10' min. gRGWCE BETWEEN SEPTIC TANK NID HOUSE SFWL BE MANTNNEO. LEACHING STRUCTURES, SOLO DOMES AND/OR SILI 3. ALL COVERS SRNU- BE OF PRECAST RUNFORCED CONCRETE (OR EQUAL), RSI 4 A 10' min. DWANCE BETWEEN LEACHING POOLS AND WATER UNE SHNL BE M4MNNED 5. AN IE In. DISTANCE BETNEaN ALL LEACHING POOLS SMALL BE MNWINNED I hereby certify that the Water supply(s) and/or sewage disposal system(s) for this project 6. AN Ir min DISTANCE BETWEEN ALL IFICHING PWIS AND SEPTIC TANK SHALL BE MAINTAINED. w were designed by me or under my direction. Based upon a careful and thorough study of ti the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County Department of Health Services construction standards in effect as of this date. Q it 6�I 6a a KEY MAP E�W ESN B� X11' ..:'MY� - r'✓` AVM (� 1 1 SCALE 1 "=600' 10 MINOR SUBDIVISION TYPICAL PLOT PLAN PREPARED FOR -' • I I I -'� - AA:n . 11 11 1 II ll Il II .� I HSE COOT TO SCALE) le- 1 11 1i I, 11 1 • PROPERTY FE THE AND/OR SEASEMENTS RIG RECORD, ���� ���� � ����� 105 gp .W;R , / 9 ' �I ANY, NOT SHOWN ARE NOT GUARANTEED. ,� SITUATED AT N. e �% I�1 I kt BAYVIEW go" I HEREBY CERTIFY THAT THIS MAP WAS MADE 1 �'` LJ eN �,` � \ a % ; ;-� ; ; ; , 'I X100 BY US FROM ACTUAL SURVEYS COMPLETED TOWN OF JOUTFiOL.D yt /� MONUMENTS SEPTEMBER 12, 20 1THUD ■ HEREON THAT ALL CONCRETE ACTUALLY EXIST AND THEIR POSITIONS ARE SUFFOLK COUNTY NEW YORK r (Iia 0- / . ' ' �b t• T 9t •/ \ r y l �l , I ANORGE GEODETIC DETAILSARECORRECT.I T HOUSE S.C. TAX No 100,0. 79-0`s- 1$ 1 A�.E3 � SCALE 1 "=5b' '• ^" Ay ,ao ,'Z - _ -it_ P. i ✓sat TCSJ µ r I 1 �� 'n �� TIFY I SEPTEMBER 12 2001 STA` �� BYIS IS TO THE PLANNINGG B0IRDSUBDIVISIONOOWN OF OUTHOLD ABI' ROESOLUTION y +a.• l P'] TANK JANUARY 10, 2002 ADDED 'T(')E7 z('HAPW,tg, > �:I�VS T, OF APPROVAL DATED 4 APRIL 9'" 20Q3' ADDED f?t'101'1O3ED C>�4,fi _, , .\ ,4 % I ll d ,dip PONS SEPTEMBER ,11, 2006- S081511A$11ON ' it x�1 - - .ids •/� ,� .szu. Mr,Aio ��< .z2 � rvc I I e' '.}1 AREA DATA' AID, CHAIRMAN PLANNING BOARD A,da / �a2 83,452 n ft. .,rP , a Ns Gj ys ` -- j r - zo A-- ---�' Ro'm PARCEL 1 I 1.916 Go. d^'' A _ rr.a e 43 r - C / ---- - ,d '�y�.yiT•, . aA \,� r - - , - -- - 1 Pur .u ' eV1 ray 83,452 sq" ft. PARCEL 2, •- N - - 1 ,.i /:_ - - -- - 4�4� 1.916 ao. ,a- � `- -- - LOT 2 r, 0 0 WOODED _ \ H- "� '"'� t 100. o\ 's 166,904 sq. ft. - -" - ?D, \g TEST HOLE DATA TOTAL 3:832 Go. m m r S�AA�LL j,r \ - - - -- -- '" - �" - - - ,d; I , '�� Qv SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES (TEST HOLE DUG BY M DONAIn a.' _ FENCE ON AUGUST 23, 2006) �� IiAUPPAUGE, N.Y a 121' ' LOT 1 OF OWNER AND APPLICANT: I1 .a /r +/" i " � / 4 1• ` 1°`•e�e,+ N Iatl2' Date PNcSlwornl sLr ML ALAN & ELLEN WEXLER ZONE AE (EL B) 0 10900 NORTH BAYWIEW ROAD sam / SOUTHOLD, NEW YORK 11971 AeiO Q 0 .� 1 I r A ZONE X.�— moi- p s AL PALE 9MIW1 FlK as AL/NG / \ Pos This is to ..I.b, that the p,a....d Really Subd.vmon or Development TU O O ASR�1IED SKETCH PLAN _ ENVELOPE I 1 / for it lO9 I, 1 " rue a with a total aflot w approved on the above date. Water Supplies and Sewage Disposal Ina' > T '�- Fomlllbhe ..at ...farm to canebucOan standard. In effect t the Unne J� �3•>> of construction and are eub/ect to separate perils �miuont to these JJ V 1 n A �-J / 1 standards This approval shall be v lid my H Ne aµty subdivi.i.m/ fp„ �PRfNCIP • , 1 development mop is duly filed with the County Clerk thin one year 1(.�A .� _ _- ENVELI AL BUILDIN of this date. Consent Is hereby given for the filing of this p on wAler IN \,\_ a PE G/t 1I which this endorsement appears in the ORce of the County Clark in e-Esear 5410 me StOFN 1, Ih' • • _ ,� .ts �_ \ accordance with the provisions of the Public (Health Law and the To WW p " � �, Suffdk cn..ty anitary Code HAadI z2 O T Us `0 - _ o _ r'. ,M ` 'I 'Y- 72.92 Y S I 15"a 7292' ^ Vit. A Millet, P.E. WOODED N • Director. Division of E.vironmentsl Ouolity I ,Sir 77- 20 - 4F . , \ sae m °4a4Nr w tt .v Of'a Jos z 1�' ✓ OG^� $j0/F CORP 1�4. 74',, mt^+t,vsw�M�i N*�+r ua,.+,..r a,wmuiv r 4 3'GaPy3.Nr dAE--� � t °'k NOTES: 1 - v 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM 1ao X6'4 EXISTING ELEVATIONS ARE SHOWN WN THUS: .P �, � �I E I L dI IF EXISTING CONTOUR LINES ARE SHOWN THUS: ---- --m--- ---- � 'O 6Fa" 2. U.S.D.A. SOIL CONSERVATION SERVICE SOIL TYPE CLASSIFICATION: D I�-- ,�,a,,,ryr•,r6 PTB - FLwaI1x IOutr s.wo. ]To .rtAcwr swLS CPE - axwn uro rLvuoulx wws, 1•m a Pumrt sLav Sr(1 2 1 2005 �._1 BOB - RNWNan esev(LAM a re a PmaFNr SI . Title Surveys - Subdivisions - Site Plans - Construction Layout 3. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO167 G . . rv��D PHONE (516)727-2090 Fax (516)722-5093 ZONE AE BASE FLOOD ELEVATIONS DETERMINED ZONE XAAREAS OF 500-YEAR FLOOD, AREAS OF 100-YEi1R FLOOD WITH AVERAGE OFFICES LOCATED AT MAILING ADDRESS DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN A._,,,.. ._„y+nmeww•-w:r. ,,,,,«.,o.=ti.en.•- "'w 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD - One Union Square P.O. Box 1931 ZONE X AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN Aqueboque, New York 11931 Riverhead, New York 11901 4. ZONING USE DISTRICT: AGRICULTURE CONSERVATION "AC" 21 -446 LOT 1 RDS'MSDN BOP PROPOSED SEPTIC SYSTEM DETAIL ,HOUSE (NOT TO SCALE) 4FL 13 a• TOP BURIED ' DEFINISHED GRADE PRECAST RFlNFORCED CONCRETE COv£R ELOT 11.1 FINISH GRADE BURIED 1' DEEP min 4' DEEP max. YCtllo LOCKING, WATERTIGHT I, INSECT PROOF ELDC}p„}_ UST IRON COVER TO GRADE MIN, 4' dm 20-in-- 'min DISTRIBUTION POOL APPROVED PIPE MIN 4' ma TOP EL s.3' OF A 3 POOL SYSTEM PRCHED 1/,i TOP ELEV In-I' APPROVED PIPE �E ICS, p Iii Is / / SAND SE �j' 'I LS IST- r r 1I PRCHEU 1 9' 1' 6• W ViC u o —_ 3' CLEAN IIID/III INV, EL 93' INVEgi �� m INVERT Co. I EIEV. B.L " r, 3 m FLOW EtEV. LIE °�- = 3_• 1'i L! LI I rl no/ I, • NORTH a.,Y,4]w Roan SUBJECT J _B. aoTro� GROUND waEe ^ ern EtEV 3.B'. ELEJ ].B: SEPTIC TANK (1) I MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1000 GALLONS, l 1 TANK; E' LONG, V-3' WIDE, B'-I- DEEP ,a 2 C...BETE SHALL HAVE A MINIMUM COMPRESSNE STRENGTH OF 3,000 pal AT 20 DAYS. C ] WAIL THICKNESS SHALL BE A MINIMUM OF 3', A TOP THICKNESS OF 6' AND A SOMM THICKNESS OF 4', LEACHING POOLS (3) Wa l—I ALL WALLS, 90TfOM AND TOP SHALL CONTAIN REINFORCING To RESIST AN APPLIED FORCE OF 300 par L ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT 1. MINIMUM LEACHING SYSTEM NR A I TO 4 BEDROOM HOUSE IS 300 is, ft SIDEWALL AREA, Q 5 THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTONS (WITH A MAK TOLERANCE OF t1/4) 3 POOLS: 4' DEEP, S' did --RS ON A MINIMUM S' THICK BED OF COMPACTED SAND OR PEA GRAVEL 2. LEACHING POOLS ARE TO BE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EQUAL) O 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED LEACHING STRUCTURES, SOLID DOMES AND/OR SUBS. _ 3 ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR EQUAL) 21 4 A 10' mn DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED 5 AN e' min DISTANCE BETWEEN ALL LEACHING Points SHALL BE MAINTAINED I hereby certify that the water supply(5) and/or sewage disposal Systeri for this project 6 AN IF min DISTANCE BETWEEN ALL LEACHING POOLS AND SEPPC TANK SHALL BE MAINTAINED W were designed by me or under my direction Based upon a careful and thorough study of So the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County `H Department of Health Services construction standards in effect as of this date. Q d KEY MAP arsheSsainced OIL SCALE 1 " =600' :L/ t ` ���"'� STANDARD SUBDIVISION TYPICAL PLOT PLAN (NOT TO SCALE) FOR THE PROPERTYPROPERTY FOF7(TT ry� e ,v 5� I PROPERTY uNE THE EXISTANCE OF RIGHT OF WAYS ALLAN & ELLEN W EX LLR "_ b5y" us�ll 1 v �s v , AND. N EASEMENTS OF RECORD, IF i�B �: ` t ANY. NOT SHOWN ARE NOT GUARANTEED. Hi Z . �� I SITUATED AT � � Z . /' ir" .26 �p'w�p \V,If I ' ! J 1 cWHt�W�� id^' �( DA/ 0 jLj pd9.A\��-QyJA / W / I I E DINEBAYVIEW I HEREBY CERTIFY THAT THIS MAP WAS MADE j/ god ` BY FROM ACTUAL SURVEYS COMPLETED TOWN O F SOUTHOLD PlJ ',p+3eB Y .Is.° TE� eQ 1Gd°\ W -�+ �� r MONUMENTS MBER (SHOWN THUS a2, 2001 AND HAHEREONT ALL CONCRETE 0 � , . ,d _ qk , SF II A�\ "/-,ey Tb. . / 4 , AC ALLY EXIST AND THEIR POSITIONS ARE SUFFOLK COUNTY, NEW YORK NCORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE EORRECT. S.C. TAX No. 1000-79 -08- 18. 1 PON �1 LL SCALE 1 "=50' BY SEPTEMBER 12, 2001 d° ¢ zOSEPre oa THIS IS TO CERTIrI' THE SUBDIVISION PLAN HAS BEEN APPROVED ,I . _ �, g Ia MW4,Krt TANK BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION JANUARY 10, 2002 ADDED TOPOGRAPHICAL SURVEY \ -- 1- - '� / '�• 6uy:," M3' `y I'�.f S _ if 1 OF APPROVAL DATED Abuse IT. ;: 'sM'1 ' l w, - - ,fir dA LFACHOO APRIL 9, 2003 ADDED PROPOSED GARAGE 1` '6 ' ,' �' � * POOLS; m SEPTEMBER 11 , 2006 SUBDIVISION 'i',` w. II '`' `le "w ' 1D' e' NOVEMBER 22, 2006 ADDED PROPOSED SEPTIC SYSTEM ON LOT 2 • wep°y., 5399 _ - - � 1 , � /� MIH In MARCH 6, 2007 REVISED TO STANDARD SOBDIVISION /}/ or his - 2� -ul - � - - -- - - � I ' '� 1& - ^. . - _/ >v - CHAIRMAN PLANNING BOARD n - _ _ <� �-25� �- Pul.o I • „ 'I 'ma�F''' '`. 5sr., - T'r✓ l - �_2D• -- -�>'2.2 -- -- - - I SMV L ROAD AREA DATA dt. - - --- ���`' LL� __ - - -i ae - - - �� I. PARCEL 1 83.452 sq. ft. �r a c�” - u,4 - HE y s1 s aa. 1t �P- - a SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES "� N /-� LOT 2 4- _ : r, QQ)) HAUPPAUGE NY 83.452 sq. ft. - - WOODED / PARCEL - - - _ LL. - ( - too' oA ,� 1 .916 ac. m m i' — ». — `zp• $\5 y TEST HOLE DATA (( A `O{q (TEST HOLE DUG BY McDONALO GEOSCIENCE ON AUGUST 23, 2006) TOTAL 166,904 sq. ft. �- - "� ,1h1 � Date O 3.832 ac. LOT 1 +/ l / Z NAX 6RaWN IIIVA OF ,681 /"70� 1� 1�Ie J.� - 211 10, is I 2 I r/ - � I ns' MM lit o o R. BE. SILT Mt OWNER AND APPLICANT: ZONE AE (EL B) W ALLAN & ELLEN WEXLER \ a _'(I ZONE X' - o psd� >�L rhAa �e m Lendy mnt cne prapo:ae Ramly sDta,mSlan ar DaValapmanL ' 10900 NORTH BAYWIEW ROAD V4 rV .� = ))) -,,—PRINCI \' '� 1 - - - "I \ � 3 �- Tar .,Am a mt°I al _lai r,o, SOUTHOLD, NEW YORK 11971 �, PAt BU\'—'/ r „ / -� approve pp,o 9e anca TTra Cougs[Hswo ST` F AI e an the aba°e gate water su and sewn os )l t o_ t/LOINO EA'VELO r 1 of construction n aand are tobjectt too separate ts effect of beth se me perm, reply u 1� PROPOSED T-� E 5J / e standards Thm approval uehed be valid only f the Ity bdnieyear • A�\O Oq� A^ ' "v i �"-(.� !(SEE NOTE rya lisOFI CLEARING - I I of vthls date prentmConsentis u Aa Tiled With he hereby given forrhe C uthe !Inge oQdrk f this map year FL le' which this endorsement POP mrs m the Offine of the County Clerk In Ia] core once PAM the of the Public Health Low and the p a r r p ' Suffolk County Sana, Code e33' , I �'—";--, . —•—. --__j '' provisions L� R/NC ENVELOPE BUILDING/, WATEtrER IN r J ¢'( x TOO COURRENsuio sw 3I' 4 p VoA Mina], PE u ^ Director. Division of Environmental Quality 1 NP 17 ma,,. o eM 1 L ,-P"xA f N.Y S. Llc. Na. 49668 _ n a. ,+c•.y, i" 7 2.92• WOODED N' T _ v O) NOTES. ,_ e��'20" rqI. \. `\ IL, 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM U W vAOWr W \ \ \ Uhe C. EXISTING EXISTING ELEVATIONS ARE SHOWN Ill ✓ DEp�zo,bw 1 RQ.7 H e EXISTING CONTOUR LINES ARE SHOWN THUS: - -- - -ATION. - -- Joseph A. Ingegno LO E—� \ \\ 4AT 2. U.S.D.A. SOIL CONSERVATION SERVICE SOIL TYPE CLASSIFICATION. ENT [� WpW GK - r PPB - xruauw livor swO, ] 1a a PwO to BmPIs C�+[P W�ANO S� ° CPE - rAWEIi sea PLY,IaPH SW W. IS Ia ]e PERCEM SIpPES Tri ROB - NVEPHEAOSeNpYLess. ] TOBPER .SLOPE Land Surveyor AOo. fvc 3. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103CO167 G ZONE AE BASE FLOOD ELEVATIONS DETERMINED LOOM.rki° ZONE X' AREAS OF 500-YEAR FLOOD, AREAS OF 100-YEAR FLOOD WITH AVERAGE rifle Surveys - Subdivisions - Site Plans - COIISfNCfiOn Layout �y;6`rpA" DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN Y Y 1 SQUARE MILE, AND AREAS PROTECTED BY LEVEES FROM 100-VHAR FLOOD aid ZONE X. AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN PHONE (516)727-2090 Fax (516)722-5093 4. ZONING USE DISTRICT: AGRICULTURE CONSERVATION '%C" 5. THE EXISTING SEPTIC SYSTEM ON LOT 2 SHALL BE PUMPED CLEAN AND OFFICES LOCATED AT MAILING ADDRESS REMOVED AS PER S.C.D.H.S. STANDARDS. vua 6. THE MAXIMUM PERMISSIBLE CLEARING OF LOT 1 IS 35% OF LOT AREA AS One Union Square PD. Box 1931 ass DEFINED IN SECTION 240-49C OF THE TOWN CODE Aquebogue, New York 11931 Riverhead, New York 11901 21 —446F