Loading...
HomeMy WebLinkAbout1000-52.-2-13 r- I MIDDLE ROAD (C. R. 481 387.76' N. 61.59700 E. f 73.83' � 3 � 20.04' � 3 , 193.88' /5 ' Vegetated Buller RED CEDARS RED CEDARS RETA866 WALL Qj li WALL m lip LOT 2 0 `"• -� nl �, L 0 T 0e °e °W 0e pe to be PLANTED ° to be PLANTED _O �. �, v ? v r2 � 56' _ �_ /. l•P W I l P. b ? Ch SUNSET/POINT 1 n� P l P W l p 5 lo' PROPOSED HOUSE m LL C at % o PROPOSED HOUSE 1_$ T ° I ROOF RUNOFF : %�T 6 L p /p '"� m l P /p 7�i � O LOTI E F O D ti LOT I - 1792 sq.lt. O 3- a °_ 1792 • ! x 0.17 = 305 cu.ft. 3 °' ttpp 305/28.3 = 1/ '✓F. 00 A � PROPOSED SEPTIC SYSTEM WALL PROVDE 6 DWS. 6'0 x 2' Deep �+ n � PROPOSED SEPTIC SYSTEM MALL L 0 T 2 _I73 B8' s'ROAD CLEARANCE AREA 183.BB S. 6i'S9T0' W. S 6Y�J9T0' N 3' ROAD CLEARANCE AREA _ SS LOT -1792 sq.il, — — PROP. FRENCH GRAN 1792 x 1 x 0.17 = 305 cult. O MAU' _I 2004' 305/28.3 11 VF. 193.ee• TY' LNE of PRV/DE 6 DWS. 6'/ x 2' Deep N I�33. If�79' ae><c► TM1fLm o urIL. rat 126.64• juM Pal[ t uPsat r I --- o —1'O UrI PME �— • 367.72' ox wo 2+•x _ ox S. srs9�o• W. (Mlr I "OLD COVE BOULEVARD" N/01'F A . 8 M. PHILPPIDES LIVING TRUST N101F I . FE ER ( PRIVATE , ROAD) BEE HIVE DEVELOPMENT CORP. STACHT I AR/S I ' I I . I TowndSoul6old &Wl TARP WALL MD VEGETATED BUFFER CoVYnenb� ResMcNOn! 04Y EXTEND INTO RIGHT OF wAY AS wIDENED ��1.b1LPAGE �tiOF e QN SLBJECT PARCELS, LOT I s LOT 2 I - - MAP OF PART OF � MEr2� p STREET TREE (RED CEDAR) •TOTAT IA AREA 37,896 sq.11. OLD COVE BOULEVARD AT WIDENED AND IMPROVEMENT PLAN co NOTE DE OF FRENCH DRAIN - REFER TO LOT 2 AREA= 17438 S ./l. APPROVED BY ` eO DRAINAGE PLAN DATED I/26109 9 *c� ' vO� I 11 ' OWN OF SOUTHOL D ' AREA OF VEGETATED BUFFERS PLANNING BOARD JAN 31 2014 . ' .;' `" * N°.4 6A � o �r� AREA OF PRIVATE ROADS • 5481 sq.11. SU FOLK COUNTY, N. Y. m r . <„ 34696 sV1. - 5481�s4¢ll. x 50K 14708 sq/f• /000 - 52 - 02 - 13 z` �\ Al Y.S. LIC. NO. 496 ANY ALTERATION OR ACO1Ti0N TO III SURVEY /S A VIOLATION 15' VEGETATED BUFFER - - 5441 sq.11. TOWN OF SOUTHOLD N OF SECTION 7209 OF THE NEW YORX STATE EDUCATION LAM. SEPTIC wALLFD ENCLOSLd4Es - 5989 s ./1. Sc a / e , l " = 20 ` D� CONIC EYORA P.C. u`� EXCEPT AS PER SECTION 7P09 SLBO/VISXXd 2. ALL CERTt7CA TIO/YlS ' 050� K V 2 �• NOWON ARE VALID Far Tres MAP AND COPIES THEREOF OVA.r 5' ROAD CLEARENCE AREA -2114 sq. 1. DATE 2/ 11� 01� Oct . 22 2009 q0 v : fs3p 763 - 5020 FAX (6311 765 - 17 F SAo MAP OR COPES BEAR THE AFRESSED SEAL OF THE SURVEYOR 10' VEGETATED BUFFER 600 sq.11 FFSSv P. O. BOX 909 o� WHOSE SOOTURE APPEARS HEREON. l0' VEGETATED BUFFER -600 sq.11 � NOV. 9, 2009 (REVISIONS) 1230 TRAVELER STREET n 7_2 0 14744 sq.lt. VEGETATED Cam" NOV. 16, 2009 frevlsions) % SOUTHOLD, N.Y. 1197/ J / WW u o DWELLM --- rh /M el. 12 OO/TpI M/N1 YIM _ EL II proposed grade EL IO.P rw EL /O bIME ROAD C.R. 48 1000 e.L , L P. Ja, Emru9 ee /ETAWN LE LE. A�r r ..�Y _ -_} I — {: I WALL ., doh 9R SEPTA' TAN( LE. e.7 LE AWL EL AI EL a r _ 193.88 rW/O.0 re•lanury ..w/ rW 1a0 193.88• et WATER EL.Lr C13v v Lp. -5 POOL S°JNG R QU4TEJr e.i§ LNG T WA' la b. p��. PROPaSFD SETAE AsrOFAl )1,y 5 POPS S•. r LO 1 p E r /a"r• pp• r aWrTR snR r sMa cnLL.AR�000 eM.. nscc'A.sr q ,O• r"s c'nLOETE SET77C r�AN�t)ASaWIpOr1r�LY�_LEAOIK °NV' ' PMS To o 4 Sr a '� I O .L q7N tMO Ap TO Allb!A/LOI POOLS R!N J'caLAR SG G 2 EL 1 i � r T V/ao rs/ao L.0 T 2 t� 193.88• EL. 193. I I 9 P po`E '' FINAL ? A T er/IANg water ems— _ __ FORTHE IOLD COVE BO(AEVARD (privateds � � I SUBDI VISION KEY MAP FOR SCALE: J "=600' KEY TYPICAL PLOT PLAN m NICKART REALTY CORP. E EXPANSION POOL Q PROPOSED ELEVATION A r SOUTHOLD LP LEACHING POOL ST SEPTIC TANK EL. 7.4 - EXISTM ELEVATION WS WATER SERVICE SCALE l' - 60'W WATER MAIN TOWN OF SOUTHOLD EL EXISTING ELEVATION SUFFOLK COUNTY, N. Y. APPROVED BY © PROPOSED ELEVATION 1000— 52— 02- 13 PLANNING BOARD 100 0 100 200 300 rovvN oIr SOUTHOLD Scale 1 " = 100' DA °\96 FEB. 10, 1998 ern 1e� 1 4,�l *6 SEPT. 13, 2000 / revision 00 to lG R• 9.e 6 s, N°L,�to MARCH 9 7, 20 ' ( revision J TOWp of Sou t m '\ $ • k C?+ / NOV. 30, 2006 (revisions) CoVBnatttsdLRestdc11D11B 00 00 .' 0 ' %si`� t 19 �� ° j / April I, 2008 (revisions) LIBEfl-)le1 PAG L ���663 JULY 31, 2008 (ADDITIONS) la-cyo Mn 1 r ORT1A 9.3 �At� ors G / /, • gip.,•( A ` ,.o.. Os 00 6 y i ,.PyAA° J� p � � �a�°I I I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL L`i TOTAL AREA = 34,896 sq. ft. SYSTEMS) FOR NNS PROJECT WERE DESOWD BY ME OR LWER NY DI�CT/ON. Q e�1 TOTAL NO. OF LOTS - 2 BASED ON UPON A CAREFLL AND THgROCRSI•I STLDY QP TIE SOR SITE AAD GROUND a' / / ' " 0 d "i AREA LOT 1 = 17,438 sq. ft. WATER CONDITIONS, ALL LOTS AS PROPOSED, COWOR�M TO THE SLFFOLK COWTY lac ' •Q, / �.Q' ` 000 DEPARTLIENT OF HEALTH SERVICES CONTRUCrOV STANDARDS Pi EFFECT 1a1e% 0 J MPI Ae AREA LOT 2 = 17,438 sq. ft. AS OF THIS DATE. 0 NS Q\pGE ZONING DISTRICT R40 LIMITS OF CLEARING = 60% OAR00� MICHAEL D. APES N.Y.S. 0501 @�® by' 0 c, WtT� \N PC\Np�ON�pCEO SUFFOLK COUNTY D,5PARNT OF HEALTH SERVICES OWNER: J 4 Ppp�ow Og1offi HAU Y.PAU N. NICKART REALITY CORP, M gv"40 775 BRBALDWIN. KLYNNY S 0� (Pn TEST BORNS TEST SOR Q a A R B� DATE 2 5 2008 °q D�w�Er"I .• o — o --- dF O�FS510taP� G PALE BR. FIE TO A0)Pm SAAV I LOAM �d LED. SAAO sp. THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED BROWN LOAMY PALE BROWW FNE To BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION SAAa sw Mm. SAAO Ar OF APPROVAL DATED 3• 3' — This is to c�a�r}IIfy that the/)proposed Realty Subdivision or Development S ROMW FNE TO '• AR. LOAMY SAW Sill for 1\/ ICY. K�.1Lt(! BY SAno sP anQ�• In the �.5ANW .L FIE ro EEO. SHAD Sp Tau AI with a total of�lots was CHAIRMAN PLANNING BOARD wAtE1R N BR r'7 L approved on the above data. Water Supplies and Sewn Disposal FNE TO MEosel NyAat WA TE7R N/ALE SAND ErPecr.r FINE To WED. SAND Ngh•A{w c`4Pe Facilities must conform to construction standards in effect at the 6ro w s B• cry s• __— � time of construction and are subject to separate permits pursuant WATER N gReANC W'•t`• to those standards. This approval shall be valid only If the realty I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM oLAy pv WATER N BIP. eoo subdivion/development map Is duly flied with the County Clark within ACTUAL SURVEYS COMPLETED 12/1/97. THAT ALL MONUMENTS g•5 9 SHOWN THUS • ACTUALLY ENST AND THEIR POSITIONS ARE CORRECTLY WATER N BROWN WATER N 9RO1N one year of this date. Consent Is hereby given for the filing of this g{p �p yl DIMENSIONAL AND OEODEIIC DETAILS ARE CORRECT. SFOEAA ro COARSE FNf ro COARSE map on which this endorsement appears In the Office of the County /7' sAAo _--- sea 17 SAAO - sea Clerk In accordance with provisions of the Public Health Law and the /?�� Suffolk County Sanitary Code. iF IN I LL Al OF NI �l Y Q or "�v rZ Director, Dr9MOno n omental Quwy — u e —. WATER SERVICE q0 496 L N Y S L I C pt . a9616 4N• A.TERATION nR ,AL)olTt(-, TO THIf S!IP'vE` S 4 VIN TI(fNLA FLOOD ZONE' AE ( e% 101 OF ;E':T;JN 7209 of THE w rOPw S74TE ECUC'ATIoN Law �� PECOPIIC SURVE ORS, P C FROM FIRM MAP NO. 36103CO158 G ExCEF- AS PEP SECTION 7: 9-SUBDIVISION , AI_L e.EPnFIc4TIONS ( 631) 765 - 5020 FAX (631) 765 - 1797 ELEVATIONS ARE REFERENCED TO N.G.V.D. HEREON ARE V4LIC FOR THI MAP AND COPIES THERE F urJLr IF F 0 BOX 909 solo MAP OP ��0PIES BE4P 'IE iMPPESSED SE4� uT THE SLIPVEYUP 1230 TRAVELER STREET WHOSE SIGNATIPE APPEaPs 14EPE:7N SOL/THOLD, N. r' 11971 n7 nnn MAILING ADDRESS: PLANNING BOARD MEMBEO P.O. Box 1179 DONALD J.WILCENSHI *rjf SO jyO Southold, NY 11971 Chair h� l0 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY CA 54375 State Route 25 JAMES H.RICH III p�O (cor. Main Rd. &Youngs Ave.) COU,M' MARTIN H.SIDOR O�y �..Q Southold,NY Own Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 11, 2014 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Final Plat Approval: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, February 10, 2014, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide a 0.8011-acre parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District; and WHEREAS, on December 16, 2013, the Planning Board, at their Work Session reviewed the Final Plat Application and found that the following items must be submitted before Final Plat Approval could be granted: 1. Proof of filing the attached Covenants and Restrictions with the Office of the Suffolk County Clerk. 2. Submission of an Administration Fee in the amount of$4,000.00 pursuant to §240-37 of the Southold Town Code. 3. Submission of 4 mylars and 12 paper copies of the following maps endorsed by the Department of Health Services: • Page 1 "Final Plat for the Subdivision for Nickart Realty Corp.", dated February 10, 1998 and last revised July 31, 2008 • Page 2 "Map of Part of Old Cove Boulevard as Widened and Improvement Plan"; and Nickart Realty Pape Two February 11, 2014 WHEREAS, on January 31, 2014, the agent submitted all of the requested items; be it therefore RESOLVED, that in accordance with the September 18, 2013 Appellate Division Second Department's decision in "the Matter of Nickart Realty Corp. v. Southold Town Planning Board" (Index No. 29029/10), the Southold Town Planning Board hereby grants Final Plat Approval upon the map prepared by John T. Metzger, L.S., dated February 10, 1998 and last revised on July 31, 2008, entitled "Final Plat for the Subdivision for Nickart Realty Corp" and authorizes the Chairman to endorse the map, along with the plot plan entitled "Map of Part of Old Cove Boulevard as Widened and Improvement Plan", dated October 22, 2009 and last revised November 16, 2009, to be filed as a second page to the subdivision map. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Upon endorsement of the Final Plat by the Chairman, the mylars and paper prints must be picked up at this office and the Final Plat filed with the Suffolk County Clerk by the applicant within 62 days of the date of Final Plat Approval, or such approval shall expire. Final Plat Approval shall be determined in accordance with §276 of the New York State Town Law. Final Plat is void if revised after approval. No changes, erasures, modification(s), or revisions shall be made to any Final Plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first re-submitted to the Planning Board and the Planning Board approves any modifications. In the event that any such Final Plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the Final Plat stricken from the records of the Suffolk County Clerk. Ends. cc: Assessors with map Building Dept. with map Town Attorney MAILING AnD!se� . PLANNING O MEMB • P.O. Box 1179 DONAL LCENSKI _\a0f SOUly� Southold, NY 11971 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III • �O (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COUN1V,�c� Southold, NY 111, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 11, 2014 1 i Patricia Moore, Esq. I FED 11 2014 51020 Main Road Southold, New York 11971 _M nM Re: Final Plat Approval: Proposed Standard Subdivision of Nickart Realty C�bkgo;e_ Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane; in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, February 10, 2014, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide a 0.8011-acre parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District; and WHEREAS, on December 16, 2013, the Planning Board, at their Work Session reviewed the Final Plat Application and found that the following items must be submitted before Final Plat Approval could be granted: 1. Proof of filing the attached Covenants and Restrictions with the Office of the Suffolk County Clerk. 2. Submission of an Administration Fee in the amount of $4,000.00 pursuant to §240-37 of the Southold Town Code. 3. Submission of 4 mylars and 12 paper copies of the following maps endorsed by the Department of Health Services: • Page 1 "Final Plat for the Subdivision for Nickart Realty Corp.", dated February 10, 1998 and last revised July 31, 2008 • Page 2 "Map of Part of Old Cove Boulevard as Widened and Improvement Plan"; and CC# : C14-3031 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OFSUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 01/27/2014 under Liber D00012761 and Page 470 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 01/27/2014 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL Numberofpages 1' D 20.d Jar, 27 27 11.1 a 45:(j At,, J6'DITN R, FRSCRLE CLERK iF This document will be public SUFFO.K CLUkTY record.Please remove all L DL100il76 Social Security Numbers F i70 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 11 FEES .J Page/Filing Fee D — fnh Mortgage Amt ly'Handling 20. 00 1.Basic Tax - 2. Additional Tax _ TP-584 Sub Total _ Notation Spec./Assit. rry. or EA-5217(County) Sub Total DV Spec./Add. EA-5217(State) �t TOT.MTG.TAX _ R.P.T.S.A. (90 Z Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit G • • Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total 5 � family dwelling only. Other YES or NO �^1 Grand Total dio If NO, see appropriate tax clause on page# of this instrument 2655044 1000 05200 0200 013000 ,7 —(yl/-+- 4 Dist. �I 'mIIpnVINNu'IryI„I uI' 5 Communit Preservation Fund Real Prope RRSTMI A II� IIMIIIII WIII NIIIII� y Tax Servict MJ N4q Consideration Amount$ Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land PATRICIA C.MOORE ESQ. TD 51020 MAIN ROAD TD SOUTHOLD NY 11971 TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recordin & Endorsement Page This page forms part of the attached DECLARATION AND COVENANT made by: (SPECIFY TYPE OF INSTRUMENT) NICKART REALTY CORP. The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO Inthe TOWN of SOUTHOLD _ TQWN OF SOUTHOLD In the VILLAGE or HAMLETof SOUTHOLD BOXES 6 THRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over I IIIIIII IIII IIIII IIIII IIIII IIIII IIII)IIIII IIIII IIII IIII I IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/27/2014 Number of Pages : 6 At: 11 :45 : 10 AM Receipt Number : 14-0009334 LIBER: D00012761 PAGE : 470 District: Section: Block: Lot: 1000 052 . 00 02 . 00 013 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO Handling $20 . 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 $60 .00 NO Fees Paid $135 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION AND COVENANT THIS DECLARATION made the 13 'day of January, 2014, by NICKART REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 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 Nickart Realty", as shown on map entitled "Final Plat for the Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors, Inc., dated February 10, 1998 and last revised on July 31, 2008, and Map of part of Old Cove Bolevard as widened and improvement plan prepared by Peconic Surveyors, Inc., dated October 22, 2009 last revised November 16, 2009, 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. There shall be no direct access, curb cuts or driveways from or to County Road 48 from Lot 1 and Lot 2. b. There shall be no changes to any of the lot lines without Planning Board approval. c. Pursuant to chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on site. d. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. e. The natural vegetated buffers for the property shall be 10' (feet) wide on the western property line running N. 31 degrees, 40 minutes 50 seconds W. for 80.16' (feet) on the eastern property line running S. 31 degrees 40 minutes 50 seconds E. for 80.16' (feet) and on the southern property line running S. 61 degrees 59 minutes 10 seconds W. for 367.71' (feet) and shall be 15' (feet) wide along the full length of the northern property line south of Middle Road (CR 48) running N. 61 degrees 59 minutes 10 seconds E. for 387.76' (feet). f. Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planting Board Native/Natural Buffer Planting Specifications (attached) following Southold Town Planning Board Approval. g. Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of residents and property. h. The natural vegetated buffers described above shall remain in perpetuity. i. Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native / Natural Buffer Planting Specifications. j. There shall be a minimum of four(4) street trees planted along C.R.48 on the northern property line, with two (2) street trees planted on the NE corner of Lot 2 and NW corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following 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. 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. NICKART(EAI TYCQRp. BY: ,`/ NICK PALEOS State of New York ) ss: County of Nr)a5SNq On this I 4ay of January, 2014 before, the undersigned, personally appeared NICK PALEOS, 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 01 , LJ ►L Notary Public AIME J MILLO NOTARY PUB[ ATE OF NEW YORK QUALIFIED IN NASSAU COUN'Y REG.#O1JA6105288 MY COMM.EXP.FEB.09,20 1 to SCHEDULE A ALL that:otrtain plot,piece or parcel of land, situate; lying and Wngin the.Town of Southold . County.�of.`"8uffolk Viand State of New :York, bounded and described as -6illows:. _ .'BEGINNING at a.point formedlby the.intetrsection of the southerly line io£ Middle Road (North Road CO. 48," 6hly Co.. Rd.:21)- and the easterly !side of a 20 foot private road known as-Beverly Road; said point also . being distant 880 feet westerly wheti .measured. along.the southerly- side of Middle Road, from the westerly 'side of. bayperry Lane, said point being the northeasterly corner of. the,premises. herein described: RUNN;NG THENCE south 61° 59, 10". .hest along ther. southerly li ne':of the Middle Road, 387.76 feet to a ppiht; 'THENCE south 310 40' 50" .east, '90 18..feet to a point in the .oanter line of a 20 feet private road known as�:Old Cove Blvd THENCE north 610 59' 10" east, along the center line of Old Cove Boulevard and parallel with the southerly line of Middle Road,-387.76 . feet through said private road known. as- Beverly Road to a point on the easterly side therofj THENCE north 310 40' 50" west along the easterly side of Beverly Road 90.18 feet to Middle Road at the point of place Of BEGINNING. 0 opy LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.Q.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 ABIGAIL A.WICKHAM - JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 - eressler@wbglawyers.com Southold'fov,r�j October 23,2017 -Planr�irp9 8aar(f 345 Old Cove Blvd., LLC 775 Brooklyn Avenue Baldwin,New York 11510 Re: 345 Old Cove Road, Southold,New York SCTM# 1000-52-2-13.2 "Property" Ladies and Gentlemen:. We are the attorneys for Nicholas A. Philippides, Menas Philippides, and George J. Philippides, owners of a property to the south of the Property and are writing you concerning the flooding occurring on our clients' property and the road to the north thereof. Prior to the improvements to your Property and the re-grading thereof our clients' property and the road did not experience flooding incident to rain events. Since that time, however, such flooding has consistently occurred. Thus, your improvements and re-grading have caused these events. The provisions of both New York State law as well as the Southold Town Code prohibit actions on your Property which result in flooding on adjacent properties and require that all runoff generated on your Property be contained thereon. As a result, demand is made that you take all necessary actions to contain such water and eliminate the flooding on our clients' property and the road. In the event we do not receive adequate assurances that such steps will be promptly taken, we have been instructed to take the actions necessary to address the issue. We trust that such steps will not be necessary. Very truly yours, a� Eri . Bressler, Esq. EJB/aml Cc: Philippides Southold Town Planning Board Ejb/ltri145 Old Cove Blvd LLC Sabatino, Alyxandra K. From: Sabatino, Alyxandra K. Sent: Thursday,June 30, 2016 2:50 PM To: npaleos@hotmail.com Subject: Revised June 22nd Letter Attachments: Nickart Revised Letter.pdf Good Afternoon, The letter sent to you on June 22, 2016 has been revised due to an incorrect location description under heading#3. 1 have attached the revised letter for your records. Please let me know if you have any questions. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alyxandra.Sabatino@town.southold.nv.us 1 zx � AILI SS: PLANNING S S P.O. sox 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLI J. CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H. RICH III �y� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR � � r ,f Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 30, 2016 Mr. Artemios Gavalas 775 Brooklyn Avenue - #100 Baldwin, New York 11510 Re: Approved Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Mr. Gavalas: The Planning Board reviewed the above-referenced application at their June 20, 2016 Work Session and found the following: 1. Plant nine (9) Red Cedar trees in the 15' wide vegetated buffer area along County Route 48. Each cedar tree must be 6-7' in height and planted 40' on center. Please be aware of the overhead power lines when placing the trees so that they are planted to avoid growing into the lines as much as possible. The 15' wide buffer must be supplemented with groupings of native Bayberry, Chokeberry and Blueberry bushes in between all the trees. Beach Grass plugs must be planted around the bush groupings as groundcover. 2. The 10' wide buffers located on the west side of Lot 1 and the east side of Lot 2 must be planted with groupings of native Bayberry, Chokeberry and Blueberry. Beach Grass plugs must be planted around'the bush groupings as groundcover. 3. The Planning Board has allowed a two or three rung split rail fence (shown in attached picture) in the 15' wide and 10' wide Buffer Area. The split rail fence in the 15' buffer is not allowed closer to the northern property line than the corner of the existing stockade fence located on the western property line of Lot 1. 1 i Nickart Realty— Page Two — June 30, 20-16 The split rail fence in the 10' buffer must be located 5' from the eastern property line due to the 5' Road Clearance Area as shown on the approved map. 4. To fulfill the filed Covenant and Restriction which states "Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications", the Board is requiring that the area over the septic systems are over-seeded with native grass seed. If you have any further questions, please do not hesitate to contact this office. Thank you. Yours truly, S G(Ocv_�—, Alyxandra Sabatino Planner MAILING ADDRESS: PLANNING BOARD MEMBERS �' � �� �� P.O. Box 1179 DONALD J.WILCENSKI � � Southold, NY 11971 Chair �4', OFFICE LOCATION: WILLIAM J.CREMERSr ro "4� Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 22, 2016 Mr. Artemios Gavalas 775 Brooklyn Avenue - #100 Baldwin, New York 11510 Re: Approved Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Mr. Gavalas: The Planning Board reviewed the above-referenced application at their June 20, 2016 Work Session and found the following: 1. Plant nine (9) Red Cedar trees in the 15' wide vegetated buffer area along County Route 48. Each cedar tree must be 6-7' in height and planted 40' on center. Please be aware of the overhead power lines when placing the trees so that they are planted to avoid growing into the lines as much as possible. The 15' wide buffer must be supplemented with groupings of native Bayberry, Chokeberry and Blueberry bushes in between all the trees. Beach Grass plugs must be planted around the bush groupings as groundcover. 2. The 10' wide buffers located on the west side of Lot 1 and the east side of Lot 2 must be planted with groupings of native Bayberry, Chokeberry and Blueberry. Beach Grass plugs must be planted around the bush groupings as groundcover. 3. The Planning Board has allowed a two or three rung split rail fence (shown in attached picture) in the 15' wide and 10' wide Buffer Area. The split rail fence in the 15' buffer is not allowed closer to the southern property line than the corner of the existing stockade fence located on the western property line of Lot 1. Nickart Realty— Page Two —June 22, 2016 The split rail fence in the 15' buffer must be located 5' from the eastern property line due to the 5' Road Clearance Area as shown on the approved map. 4. To fulfill the filed Covenant and Restriction which states "Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications", the Board is requiring that the area over the septic systems are over-seeded with native grass seed. If you have any further questions, please do not hesitate to contact this office. Thank you. Yours truly, Alyxandra Sabatino Planner Encl. � �u � Y�i, Imyv ��� ��� � x � �� �w: wr',' uii 1 4 a#� �, � y� I M ��� III ( �� �� Y I' �i i r/� ���� = f N ����� Ilrvu Yi�`I���y ,�� �° I�Iw�VI� I A iy II�1� �' � „% j � nu .,,i�, � i i � �� „� Yi �� f I' '� I III I I ��� m� il� ��i. lul I "�� n ��.; .. �� �/ � �l ��' � � I I I! ii ill i, i °F� � 4 � . i y �° h� f �., i � i,� {� y II �� ��� i' �i �V' � ��� � f,. �, J �, ��� ', w' ��� � ��, �i �; ,!�� �� ;;��� ��� �� ��, �� �,'� '� � �iiio �� u � � )N�w ��� �� i� ���,; �I�il /� a � �' ail ° W°III i I , i. ���/ h i q M, r ',P � 9V I 1� �„ Y��� i u j ;i � �{�' i wilu � � � y 01"II � �I �'uui� i� ��i uu � �. j � � �h u f w qI �� i � �I'�0 1, ��u I �i ��tuiy i�� � ��� i� W till plrp�i �� � � �iY� m� / � Y, �, u � i �'.� � it �,'I' �'V �� � i �., 9 u �� I I, A ,i � ... �� °Y' M1 I�f � 1, � o I i �` � I u ��� i�� i� d � Ill iiii � ' d � � � � ����� iY i��� u" i°�III ii�M"°�ti �N � i I �� i i�����ii�I ��V IV �� ul v � � � � I� �� �� � "�� �� � ��'��mi ������ �� �� III ' �� �i � � ! �'m, ,� r ��; r r, `I 1 ��, u i � r n ^ � UI a liryu` � �u ii iliiiilll111171�IIlII IIi� ''"'"'"i "�+ t �d � r fir, F R �naNi u y i�;ire ���uIII��C��� i� iiii���lll�iii�l ��l�l�i� iumiiiiiiiiiii i�illllllllllllillllllllllllilililillll ,il�iiiilli uudl ��lllll�llll �lllllllllllllllllll III � ;, � F � , �sx. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 20, 2016 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications Project Name Roy Reeve & Raymond Nine b I SCTM# 1 1000-114-11-9.6 & 22.2 ,m 1 Location: 13400 Route 25 & 855 New Suffolk Avenue, approximately 478' east of Love Lane, Mattituck Description.* ption: This proposed Lot Line Change will transfer 0.21 acres from SCTM#1000-114-11-22.2 to SCTM#1000-114-11-9.6. SCTM#1000-114- 11-9.6 will increase from 0.83 acres to 1.04 acres; SCTM#1000-114-11- 22.2 will decrease from 1.10 acres to 0.89 in the HB and R-40 Zoning r Districts. . Status: Pendingm Action: Review comments from public hearing. m Attach entsm Staff Report ..Pro ec _.. — .. ... _ ,..:. t Name. Martz Standard Subdivision SCTM#: V 1000 104 12-6 1 a .... .m...... Location; 555 Broadwaters Road, approximately 80 feet west of Wunneweta Road, Cutchogue p proposal parcel . Description: This ro osal is for a Standard Subdivision of a 1.62 acre arcel into two lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area Variance to allow for Lot 1 to be less than ' q. ft..�. 40,000 s..,. .. ;; nal Preliminary Plat Approval Status: Conditional _ _ M...... Action, Rev iew for Final Plat completeness, At tachments' Staff Report .... .Project name: Nickart Realty SCTM#: [ 1000-52-2-13 Location: South side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold Description Two-lot subdivision _ _ .... Status: Approved Action. Review submitted Landscape Plan. Attachments, ( Staff Report Southold Planning Department Staff Report Subdivision Application Work Session Review Date June 20, 2016 Prepared By: Aly Sabatino I. Application Information Project Title: Nickart Realty Applicant: Nickart Realty Date of Submission: May 11, 2006 Tax Map Number: 1000-52-2-13 Project Location: On the south side of CR 48, approximately 900 feet west of Bayberry Lane Hamlet: Southold Zoning District: R-40 II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site: 0.8 acres # of Lots Proposed: 2 III: Action to review Review submitted vegetation plan IV: Analysis • On February 11, 2014 Final Approval was granted. • Covenants were filed with the Office of the Suffolk County Clerk (attached C&Rs) • The approved C&Rs states: 1. "Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications following Southold Town Planning Board Approval. 2. Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or disease vegetation to protect the safety, health and welfare of residents and property. 3. There shall be a minimum of four (4) street trees planted along C.R. 48 on the northern property line, with two (2) street trees planted on the NE corner of Lot 2 and NW corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island. 4. Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications. Southold Planning Department Staff Report • On April 27, 2016 the applicants submitted a request to install a fence on the property line where the approved plan and filed C&Rs show a 15' and 10' wide natural vegetated buffer. • On May 6, 2016, the Planning Board reviewed the applicant's April 27th request at their work session and agreed that the following information must be submitted before a determination can be rendered: 1. Place stakes at the corners of the properties and at the 10' and 15' wide buffer areas as shown on the approved subdivision map. 2. Submit a plan showing the location and height of the proposed fence on both Lots 1 and 2. 3. Submit a letter outlining the type and finish of the proposed fences. A sample of the proposed fence is also required to be submitted for Board review. 4. Submit a Vegetation Plan for the 10' and 15' wide buffer areas in accordance with the filed Covenants and Restrictions. • On May 18, 2016, the Planning Board conducted a visit to the site. • On May 25, 2016, the Planning Board sent a letter to the applicant stating that as per the filed Covenants and Restrictions, Liber 12771, Page 470, e "Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications following Southold Town Planning Board Approval". The Covenants and Restrictions require that these buffers contain only vegetation and, as such, fences are not allowed to be installed in the buffer areas or on the property lines where buffers are required. A fence may be installed outside of the designated buffer areas. On the side facing County Road 48, the fence must be at least 15' from the property line, and on the sides showing 10' buffers, the fence must be at least 10' from the property lines. • On June 14, 2016, the applicant submitted the items requested by the Planning Board on May 6th. The following has been submitted: 1. A vegetation plan with the following plant species that the applicant is willing to plant: a) Arrowwood b) Bayberry c) Black Chokeberry d) Black Haw e) Highbush Blueberry f) Inkberry g) Red Chokeberry h) Sweet Pepperbush i) Winterberry 2 Southold Planning Department Staff Report o Installation of a "farm fence" not higher than 4ft. o Request for the Board to consider reducing the width of the buffer along County Route 48. V: Staff Recommendations 1. Recommend that London Planetrees are planted in the vegetated buffer in lieu of the required four (4) Red Cedars street trees that are shown on the approved subdivision map. The trees should be at a 2 '/2 to 3 inch caliber tree. London Planetrees are saltwater tolerant and would be optimal for this location as this site is bordered by the Sound to the north and the Bay to the south. 2. Require an additional 5, 2 Y2 to 3 inch caliber London Planetrees to be planted in the 15' wide vegetated buffer area along County Route 48. Southold Town Code states that trees should be planted 40' on center. 3. Require that the 15' wide and 10' wide vegetated buffers be supplemented with the following bushes: a. Bayberry b. Chokeberry c. Blueberry 4. The Board has already stated in a letter to the applicant that any fence must be on the interior of the property and not in the buffer. The Building Department must make the determination in regard to the height of the fence. 5. Recommend that the width of the buffer is not reduced and remains 15' wide as County Route 48 is a Scenic Byway, and the filed map and the covenants require it. In addition, the applicants agreed to and signed those covenants. • Potential Violations of the filed Covenants and Restrictions: 1. The filled and approved C&Rs state that "Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications." a) Vegetation has been planted on the septic systems. The applicant must identify the species of that vegetation, and whether it is native. If it isn't native, it must be replaced with native species. 2. A letter was sent to the applicant stating that as per the filed covenants and restrictions, fences are not allowed to be installed in the buffer areas or on the property lines where buffers are required. a) A fence has been placed on the westerly property on Lot 1 in violation of the filed covenants and restrictions and the letter that was sent to the applicant. 3 P � Submission Without a Cover Letter i �I biO�.uCw��Vs� J ,rv� ��a�9��a�Board Sender: C, Subject: �jtJ F— SCTM#: 1000 - Date: �4 Comments: 60 kq W ro /J -� k N ,�Zq V, L be ww CA3\IV {� e-l�\60 . 4 " , 1N BOARD OLD PLAN � , �CiI"i,CA�'If�I�S ATIV'EI ATURAL BUFFER PLANTINGS Sp J ., � ��C� I "'ve Plants: heckarl Indicates acceptable plantings for this site Percentage of area to be covered by shrubs �Iy NATIVE SHRUBS 'cif©lia r�u !r Oak Que ) American Elder(Sambucus canadensis) Scrub O ( Arrowwood (Viburnum dentatum) Shad Bush (Amelanchier can adansis) Bayberry (Myrka pensy/vanica) Shining Sumac(Rhos cope/line) Black Chokeberry(Aroma melanocarpa) Sheep Laurel (Kalmia angusdiblia) Black Haw (Viburnum prunftlium) Steeplebush (Spires tat!folia) Black Huckleberry (Gaylussacla baccata) Staggerbush (Lyonia madam) Fetterbush (Leucothoe racemosa) Swamp Rose (Rosa palustris) Highbush Blueberry(Vaccinium corymbosum) Swamp Azalea(Rhododendron vlscosum) Inkberry(flex glabra)rt Sweetfern (Comptonia peregrfna) Maleberry (Lyonia ligusidina) Sweet Pepperbush (Clethre alnifolia) Maple-Leafed Viburnum (Viburnum acerifolium) Spicebush (Lindera benzoin) Mountain Laurel (Kalmia ladfolia) Virginia Rose (Rosa virginiana) Nannyberry (Viburnum lentago) Winterberry (Ilex veideillata) Northern Arrowwood (Vburnum recognitum) Witherod (Vibumum nudum) Pasture Rose (Rosa virginiana) Pussy Willow (Salix discolor) Red Chokeberry (Aronia arbutifolia) - (Page 3 of 4) 1 IV 71. lit I u � i j n 1 ` 4'k;ti1�rtC'ymmq,9avl➢:L'Y.4✓'�wuaua f 4 f �f � ...,muawawwluwmrm�u � � � ••• � - C1, M i I W, e, JIr x ir 4 v/ G r ""s Lim PA; im i mo„ ro S d t f i f J 1 � F e u 9 r r az, MAILING ADDRESS: PLANNING BOARD MEMBERS � � " P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 p Chair �3 OFFICE LOCATION: N WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III , ��� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORvul ^ �„o. Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 25, 2016 Mr. Artemios Gavalas 775 Brooklyn Avenue -#100 Baldwin, New York 11510 Re: Approved Standard Subdivision of Nickart Realty Located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Mr. Gavalas: The filed Covenants and Restrictions, Liber 12771, Page 470, state that the "Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications following Southold Town Planning Board Approval". The Covenants and Restrictions require that these buffers contain only vegetation and, as such, fences are not allowed to be installed in the buffer areas or on the property lines where buffers are required. Please note that a fence may be installed outside of the designated buffer areas. On the side facing County Road 48, the fence must be at least 15' from the property line, and on the sides showing 10' buffers, the fence must be at least 10' from the property lines. The Board has asked to review the fencing material prior to installation. To continue with review of your request, please submit the following for the Planning Board review and approval: 1. A letter outlining the type and finish of the proposed fences. A sample of the proposed fence is also required to be submitted for Board review (if more than one type, please submit a sample of each). 2. A Vegetation Plan for the 10' and 15' wide buffer areas in accordance with the filed Covenants and Restrictions. If you have any further questions, please do not hesitate to contact this office. Thank you. Yours truly, Alyxandra Sabatino Planner OFFICE LOCATION: 17,T'."' M MAILING ADDRESS: Town Hall Annex � � �• P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) , Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 6, 2016 Mr. Artemios Gavalas 775 Brooklyn Avenue - #100 Baldwin, New York 11510 Re: Approved Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Mr. Gavalas: The Planning Board reviewed the above-referenced application at their May 2, 2016 Work Session and considered your request to install a fence on the property lines of Lots 1 and 2. The Board required the following information to be submitted before a determination can be rendered: 1. Place stakes at the corners of the properties and at the 10' and 15' wide buffer areas as shown on the approved subdivision map. Please contact the Planning Department at 631-765-1938 once the stakes are in place to set up a site visit. 2. Submit a plan showing the location and height of the proposed fence on both Lots 1 and 2. 3. Submit a letter outlining the type and finish of the proposed fences. A sample of the proposed fence is also required to be submitted for Board review (if more than one type, please submit a sample of each). 4. Submit a Vegetation Plan for the 10' and 15' wide buffer areas in accordance with the filed Covenants and Restrictions. If you have any further questions, please do not hesitate to contact this office. Thank you. Yours truly, Alyxanra Sabatino Planner Southold Planning Department Sta., Report Subdivision Application Work Session Review Date May 2, 2016 Prepared By: Aly Sabatino I. Application Information Project Title: Nickart Realty Applicant: Nickart Realty Date of Submission: May 11, 2006 Tax Map Number: 1000-52-2-13 Project Location: On the south side of CR 48, approximately 900 feet west of Bayberry Lane Hamlet: Southold Zoning District: R-40 II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site; 0.8 acres # of Lots Proposed: 2 III: Action to review Review request to install a fence along the property line. IV: Analysis • On February 11, 2014 Final Approval was granted. • Covenants were filed with the Office of the Suffolk County Clerk (attached C&Rs) • The approved C&Rs states: o "Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications following Southold Town Planning Board Approval. o Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or disease vegetation to protect the safety, health and welfare of residents and property. o There shall be a minimum of four (4) street trees planted along C.R. 48 on the northern property line, with two (2) street trees planted on the NE corner of Lot 2 and NW corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island. o Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications. Souti,old Planning Department Sta.. Report • On April 27, 2016 the applicants submitted a request to install a fence on the property line where the approved plan and filed C&Rs show a 15' and 10' wide natural vegetated buffer. Proposed heights of the fence are only notated on Lot 1. • The proposed fence heights on Lot 1 are as follows: o The property line against County Road 48 is proposed at 4' in height. o The northeastern property line is proposed at 4' in height. o The northwestern property line is proposed at 6' in height. • Southold Town Code §280-105 states the following "Fences, walls or berms may be erected and maintained, subject to the following height limitations: o When located in the front yard of residential zones, the same shall not exceed four feet in height. o When located in the front yard of nonresidential zones, the same shall not exceed six feet in height. o When located in or alongside and rear yards, the same shall not exceed 6 1/2 feet in height." • During a prior conversation at the counter with the property owners, the owners indicated that they would like to plant sod in the approved buffer area which is contrary to the approved C&Rs. V: Staff Recommendations 1. County Route 48 is a scenic byway. The filed C&R required a natural vegetated buffer that is planted with vegetation identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications following Southold Town Planning Board Approval. This C&R was required to protect the scenic quality of the byway. To protect the scenic quality of County Route 48, require that the proposed fence be located on the house side of the natural vegetated buffers. 2. Require the following information be submitted to the Board before a determination can be made: a. Planning Board to conduct a site visit after the property corners and buffer areas are marked out with stakes. b. A vegetation plan in accordance with the C&R's and filed map c. A plan showing the location and height of the proposed fence on both lots. d. Type of fence proposed. 2 Southold Town Planninq Board Work Session — Ma 2 �016�Page 2 Location ame R 400 Route 25 & 855 Ne J Y y ._ � & 22.2 w Suffolk Avenue, approximately 478 east of Love Lane, Mattituck Description-, SCTM#1000-114t11 22.2to SCTM#1000e . p This proposed p 1 Changer 0.21 acres from -114-11-9.6. SCTM#1000-114- 11-9.6 will increase from 0.83 acres to 1.04 acres; SCTM#1000-114-11- 22.2 will decrease from 1.10 acres to 0.89 in the HB and R-40 Zoning Districts. ---- ... Status: Pendm9 m Action: Status Up-date ..ttachments Staff Re _ .... A _... . ... ...port � _ Project name _.. 2 2 13 e.. Nickart Realtor SCTM# 1000-5 Location: South side of CR 48, approximately 900 feet west of Bayberry Lane, in ..,m. Southold _............. n_ Description: Subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq ft and Lot 2 equals 17,438 sq. ft. in the R 40 Zoning District.. Status: Approved ... ... Acti1­1on: Review proposed fence. Attachments. Staff Report .. Project Name: Peconic Landing Tennis Courts I SCTM#: ] 1000 35 1 25 m Location: 1205 NYS Rt. 25, on the north side of NYS Rt. 25, 1,121' east of Sound Road, in Gree1­111nport Description: This amended Site Plan is for the re-location of a 108' x 120' (12,960 sq, ft.) paved area for two (2) tennis courts in addition to eight (8) parking stalls with one (1) ADA. Status: Approved Pending Final Inspection pp Action: Review comments from Final Inspection &,for A royal Extension, Attachments. Staff Report Project name; Harbes Greenhouse & Farm Shed SCTM#: ( 1000-120 1-3 Location: 555 Sound Avenue, ±830' w/o Aldrich Lane, Mattituck Description; This Site Plan is for the construction of a 30 x 96' (2,880 s.f.) greenhouse, a 12' x 16' farm shed and a 10' x 16' poultry pen on 13.5 acres in the A-C Zoning District. Status: Approved Pending Final Inspection Action: Review for Approval Extension. Attachments: Staff Report Submission Without a Cover Letter APR 11'121� 7 `'i�����' Sender: A ,.A- " ' POG5 Subject: SCTM#: 1000 - 2 13 Date: 4 I Comments: DWELLING SCDHS Rol_* RtO-14:•0046 � — TEST BORING fin. fir. el 12 ROOF RUNOFF by McDonald Gposclence - EL ItFVNSN n StAX 1792 SO.FT. EL. 7.2 rW EL 1.0.4 1792 k 1 x 0.17& 305 C01. r __ ►'" ►. L 1 305192.2, 7:2ti';T/F ff CSC STD PE 9.4 — — 9.� 1000"L i oa• wit& PROVIDE 4 DWS• 8' 0 x 2' DEEP ry IEV stpM TOM IE e,7 �ss I.P.� I OR EQUAL � ��Z r AWO&HY &L WATER t a•►rrr .RUNOFF CONTAINMENT WITHIN . - — �- SILT FENCE = 4460 sq.11.�q3 61' � -� �.: r � � � OR owN FM To EL W.T cEn►Tt�r Pool a 4460 x 0.5 x 0.17 = $ `- moo. sum sr Y.r Pool cLusrER 376 cu.N. t��' � .1 0 � f s�sr _ i �� � s,V PROPOSED SEWAGE DISPOSAL SYSTEAY 376142 2 = 9VF �t nrie• jo►.�oW� I- IOOO GA , PRECAST SEPTIC TANK fCOI+ICRETEI ` PROViIDC 8 DWS 8'0 x 2' dR i T 'AL t { �J WATER IN OWN� S LPs. 8'0I4 3' DFPTH WITH 3' SAND COLLAR /� `o�Qis �� I_ � _.ice-�_.. ro co, sw� qr (SW) TO BE 3f AI�QVE GROUND WATER bt R ' REMOVE UNSL►1TABLE MA7FRIAL S �j tEMqAT C; TO SAND (SW. BELOW POOLS WITH� al , 3' COLLAR A14D BACKFILL WITH ,SAND'(SW1 E'� 'ES ' - ~- NOTE= L SUBSURFACE SEWAGE D15POSA1. �� � �5 48'YS Qgwe(�,1Q xnU�_baok�_. _Y „ter Y.,;.. SYSTEM DESIGN ' v�L WL` olvrall ,p` o �� i 3;- `- �. HOBART'JOSEROADPH SCHETTI - P.E. Ott► n ' �� .; 3 ' I f SOUTHOLD,J N:Y. I1971 c Ala is - f " ,4 N ! _ ► r T. (631) 765 2954 O?1 EACH WAYNtO*N�__ _F LJ Il SJ G� - NOTES. CTCRETE TO aE�°P APR 2 7 2 016 d 5 �#� f� 2T��t To aE sa lr a E•_ sz 15 , '0'" To C�T� nr F)NAL 9�Q x Y�Rt�d�" + 1\00' wa a ajry°a� r 'ra'c xn«AS Southold Fawn `� �,At apA q¢ err E" To]'E r-ALCEn Tv MrECT rr►E a• 6 e �v►rec aE(�RfiE-rtacrr OF RETE ,Q oB Q ' Planning Board '° elf- TI��1° ', �N 3 g$ SURVEY OF PROPERTY AT w �� _ asp°��� `• SOUTHOLD . TOWN OF SOUTHOLD �0 Ra SUFFOLK COUNTY, N. Y. U'G r•.� 0 1000 = 52 - 02 - 13.1 1� v P G � Scale: 1" = 30' �, G t ECfE Q`�� -� April 16 2010 I _ _0_ C� . �. • -n r�- P��E' MAY 15,2014 (ADDITIONS) I ►1.UL Y 17, 2014 (EXPANSION �0 - •� �,, �� W• P��s� WP•�ER' SEP,T. 23, 2014 IREVISIONS) D EC 3 0 2014 91 01� NOV. 11, 2014 (REVISIONS) - p.� Dec. 29, R014 [foundation loc lien = The locations of wells and cesspools � show here are from field observations / n on — J- ,�► R` and or,from data oblvined from others. AREA 17 438 5 .ft. — � ' £"�� � Therefore their locations and or existence, ,, .: Y Is not guvranfeed. � � � O 1�� CIA �� '_�� t s .�•,�lam familiar with the STANDARDS FOR APPROVAL , LOT NUMBERS ARE REFERENCED TO '` I]Y.6. LIC. NO. 49618 r�y"t .,� ANY ALTERATION OR ADDITION TO THIS SURVEY 1S A VIOL4TION AND CONSTRUCTION O� SUBSURFACE SEWAGE SUBDIVISION FOR NICKART REALTY C. OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES CORP. 1 90 �X(631) 765 - 1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS and will abide by the conditions set forth therein and on the FLOOD ZONE: AO Depth 2 NAVD88 P: .9W HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE permit to construct. FIRM 36103C0I58 H1 l23 :€L R STREET �: � SURVEYOR WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 . 4—O 4 8ELEVATIONS ARE REFERENCED TO N.G.V.D. E � r ISuD"Orr P.E. 0',,,R r`1. ���iY;.�Ss`�ri°� t�wll'� TOP OF WALL EL 10.5 TEST BORING science DWELLING ! C by McDondd GPo fin. 11r, at 12 — !!�i EL. 7..6 - - - Frer;f++Fn 97AOE ROOF RUNOFF �'OR INST A�.I./"�Y4�Y�'�l�tii�J�:t5�4�� �I.;`s'�"ltl�9 EL. a Tw a- 10.a 1792 SQ.FT. 3 Y;t �.,� �. - Tom--� - , -j�.� 1, wxEu sArlo a Lour+ ,•, ,, 1792x r 0.17 sf�RClVfIL. UJEORir'9�91� #r�� 073. � _ - - - - - - L VF QW� " - - - = AT i PALE►,nasAlr�a a� RETAMANG 305�213.3 PV 1 3' = ` , 3. IE a4 - - - - - __ - T oa' WALL NO PR17111DE 8 DWS. 6' r. _-- _. or>,1 LOAMY sA JE 92 � TOC 1�a� �E es 'rEa�r. OR E©UAL :�T_. ��; .;_ 1 ��� i 4' s►� _ - : ti L.. xT row qT wA� - — I 3 �ii 1 CENTER Pool a '�' A "PAE41r+6riEasT EL 2T NOTE � i�te. ToSUBSURFACE SEWAGE DISPOSALPROPOSED SEWAGE DISPOSAL SYSTEM 0� SYSTEM DESIGN BY � . y"—`"' 91 48-YS 4avel�,1 Q:v+,th_book.. WATER PI5WM F�° JOSEPN FISCHETT!�, P.E. �:. _ i- -;- -� TryMRSM SAID 1- 1000 GAL. PRECAST SEPTIC TANK (CONCRETE) 0$�p -> S LPs. 6'0 x 3' OF TH WITH 3' SAND COLLAR �Po�Fg.s HOBART R0,4�J ' fS1Y1 TO BE 3:ABOVE GROUND WATERpT � SOUTHOLD, N.Y. 1197I - ' REMOVE UNSUITABLE MATERIAL pN (E31) 765 - 2954 TO SAND (SW) BELOW POOLS WITH - 3' COLLAR AND BACKFILL WITH p.9- A,' SAND YSW) ?L. 5 , �O O th -.- - '• • ' _ _ \ rsleen+i eACNyyYJNf.IXi NOTES S E�� s \ ��' �� 2 SoowcRE TO TO sq 3<0 0 PSI F N yy+, p►� G0 Q 1�3 s` s G[� �` , -A c'{�f�57�'ftllG7](3N 9F RETA IEM WALL A LI {*il ��• � 9 F;EQlJ1rtEP HY) . LT11 PT� W ,, r ��, F - ENcvEFA TO PE CAL LED Tp pdS GT TF fE Gr ! e `gVgl OI -A_ matt► .L � r �ryvl PUCFS;EJiT t�F ■ ' �tRa�n w � a �� �c w ? PROPOSED SEPTIC SYSTEM - 0?1 \0 r `� ,. °'fir -v � RETAINING WALL sle e Ip� �pFf o� ` � 0z a d 01 �� �p� ` ' a zj 7 .:0 0 11 N• 6 AGE'[ 'D uoil 2 ' jib z % UI W Q 5 Op0 , ,¢ '0 1e• n URVEY OF PROPERTY APR 17 2016 a o A W &L. la � � y = 0 ry °� w SOUTHOLD Ptanning oar ? a '-� ' '°��` -A o TOWN OF SOUTHOLD o �. -c TO . s `r a��' `� ��r o Q UFFOLK COUNTY, N.N.Y. If � �. >- 0. d` Z lit iv t/7 Ilk • - 0 h < -A o w 1000 - 52 - 02 -.P/O 13 ��, Sca1e.. 1 = 30 , _'` � (�� �� w v D , � � �- �, o (n 0115, i1. 16 2010 � 0 w o 2014 (RE VISIOIJS) '' v LIE 160 N1 to N- . The locations of wells and cesspools B N�]' - r • � � shown hereon are from field obsgqrvation� AREA = 1 71 43 S(�,f t. , `'] {7�{�p �` p VGA and or from data obtained from dlhers. t�+ + y�G Therefore their locations and or exisleace Part is not guaranleed. �Ly e r Y 'LIC. N0. 49618 , . th S� yr� g - L O T NUA�B4RS ARE REFERENCED �t.'�I..�' ` ,v N. S 1 am familiar with the STANDARDS FOR APPROVAL SUBDIVISION FOR NICKART REALTY -� P CONIC S- YOBS, P.C. AND-CONSTRUCTION OF SUBSURFACE SEWAGE - CORP. (631) 765 _ 5020 FAX (631) 765 - 1797 ANY ALTERATION OR ADDITION TO THIS SURVEY IS-A VIOLATION DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES FLOOD ZONE AO Depth 2 NAVD 88 P. O. BOX 909 _ OF SECTION 7209 OF THE NEW YORK STATE EDUCATION CAW. Y FIRM 36103CO158 1230 TRAVELER STREET EXCEPT AS PER SECTION 7209-SUB0IVISION 2. ALL CERTIFICATIONS and will abide b the conditions set forth therein and on the HEREON ARE VALID FOR THS MAP AND COPIES THEREOF ONLY permit 10 construct. SOUTHOLD, N.Y. 11971 0 4_O,4 9 ' IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 'THE ELEVATIONS ARE REFERENCED TO N.G.V.D. SURVEYOR WHOSE SIGNATURE APPEARS HEREON. f r- I (C. R. 48) MIDDLE ROAD 387.76' N. 61 59'f 0•E. 173.83' _• 20.04' 193.88, Buffer I e r0 Vegetated N Dom' ED CEDARS - _ RE'TA� WALL RETAMrw WALL 7PLANTED R1LOT rfo be PLANTED a �LOT o,F w p � I g 0! n y !.p SUNSET/POINT $ . R �+� _ w m /p Ip Io PROPOSED HOUSE o a o i ` o T LL C PROPOSED HOUSE o i.S Q 1 p +^ J�p /P 0 ROOF RUNOFF � c� 7 Lp m^ O n LOTI G E LOT I - 1792 sq.11. o - a n o 1792 •! • 0.17 s 305 cull. - J~`-�- ;o• u R� O = 305/28.3 =11 VF. � A '� PROPOSED SEPTJC SYSTEM WALL _ PROVDE 6 OWS. 6'I 2'Deep ^� Z E, rNppDSED S7?T1K SYSTEk MALL W _ ?'ROAD CLEAMIN� LOT 2 n S. 61'5970•W. 1?3AIV' I83.f6' - �• 1 s p9470'w. '.P ROAD CLEARANCE AREA LOT -/792 sq.0, PROP.FRENCH DRAW 1Ai119' 11C T9 eta(a'TIM�Lm I. 20,04- 179E w 1 • 0.17 = 305 cull. O + 305128.3 = 1/ VF. II /93.96' Ll� PRVIDE 6 OWS. 6'I - 2'Deep / �~QI AIL'rIs[ 1266�' w1a roes u7trnts � 1 •-- �- • 315T._ T2' wa nwrs rr.. wr S. 6/S970• W. a7==y "OLD COVE BOULEVARD" BEE HIVE DEVELOPMENT CORP. NIOIF A. & M. PHILPPIDES LIVING TRUST N101F I- FE ER ( PRIVATE, ROAD) - STACHT I AR I S ' 1 } TOM mfuldam APR 2 'l 2016 NOTE, WALL AAD VEGETA 1ID Bf FFER i Nnarshr&RnshictiarM� 04y o(TEN7 INTO RIGHT CF WAY AS WIDENED B$ A�GF! ]__7 OFNEf7'i ON SWJECT PARCELS, LOT 1 4 LOT 2 - MAP OF PART OF ���a� rA�rr° Southbld Town Planning Board © � STREET r� (RED CEDAR) •TOTAT IA AREA a 34,896 sq:n: OLD COVE BOULEVARD A T WIDENED LAND IMPROVEMENT PLAN F n�1<r;- NOTES DETAIL OF FRENCH DRAIN- REFER 'TO 2 AREA- 17438 sq.N, APPROVED BY OyI1N OF SOUTHOLD ItGs c r' 'I j"�� O DRAINAGE PLAN DATED 1/26/09 ' " xt. I'.•'=+i �'^�+ 1a o 9 AREA OF vFGErATED PUFFERS PLANNING BOARD sU FOLK COUNTY /V N. Y. JAN 312W AREA OF PRIVATE ROADS•5481 sq,11, �' F+ 34896E ff. -5491 s 11. ■ 5001 +14 708 sgJL /000 52 - 02 f /3 w N.Y S Lh. NO. 4 ANY ALTERATION OR ADUTM TO n1FS SURVEY 15 A VIOLAI70N 15•VEOEETATO gL6CF R - - 5441 sg11,. TOWN OF SOUTHOLD r OF SECr"N 7209 OF THE NEW YORK STA rt EDWA WN LAA SEPTIC WALLED E3VC7L Uswis - .5989 sqq.//. -- Scale, I ' = 20' A o>Usu; 1) 76 YORS, t6 � EXCMr AS PFR SMTM 7209-SL✓0 OSON 2.ALL C�RT>f7G4T1i�W 5'ROAD CL£ARENCE AREA -2114 sq.l1. IE]WEOV Alm VALID FOR rW MAP AA17 CADS T PL EOF one Y DATE �� o14 OC 1. 22 2009 9pk�4�� r6310.1 T65 - yD20 f AX 16311 T65 - !7" 0-SAID uwr'OR cOrEs GEAR TIE I/'fieES�*ED SEAL of r7e SURVEYOR 10 VEGETATED PUFFER 600 rq,ll 7 f3Sif71t� 1? 0 9UX 909 N7e7s Ta APPEARS 1R°REON. !O'VEGETATED BUFFER BOO sq.1l J NOV. 9, 2009 fREVlSIONS) 1230 TRAVLsLER STREET 9 7—� 14744 sq.ll. VEGETATED NOV, 16, 2009 (revisions) % SOUTHOLD, A Y. 11971 vtp OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex 'm� , P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 iQ, www.southoldtownny.gov � F 01 115 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 6, 2016 Mr. Artemios Gavalas 775 Brooklyn Avenue - #100 Baldwin, New York 11510 Re: Approved Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Mr. Gavalas: The Planning Board reviewed the above-referenced application at their May 2, 2016 Work Session and considered your request to install a fence on the property lines of Lots 1 and 2. The Board required the following information to be submitted before a determination can be rendered: 1. Place stakes at the corners of the properties and at the 10' and 15' wide buffer areas as shown on the approved subdivision map. Please contact the Planning Department at 631-765-1938 once the stakes are in place to set up a site visit. 2. Submit a plan showing the location and height of the proposed fence on both Lots 1 and 2. 3. Submit a letter outlining the type and finish of the proposed fences. A sample of the proposed fence is also required to be submitted for Board review (if more than one type, please submit a sample of each). 4. Submit a Vegetation Plan for the 10' and 15' wide buffer areas in accordance with the filed Covenants and Restrictions. If you have any further questions, please do not hesitate to contact this office. Thank you. Yours truly, � Alyxandra Sabatino ' Planner MAILING ADDRESS: PLANNING BOARD MEMBERS QF so(/j P.O.Box 1179 DONALD J.WILCENSIU �o�� yOIO Southold,NY 11971 Chair OFFICE LOCATION:. WILLIAM J.CREMERS cn Town Hall Annex PIERCE RAFFERTY @ 54375 State Route 25 JAMES H.RICH III Olyy (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Irou �� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 11, 2015 Mr. Artemios Gavalas 775 Brooklyn Avenue - #100 Baldwin, New York 11510 - Re: Standard Subdivision of Nick art Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Mr. Gavalas: This letter is in response to your Request for Information or Assistance form submitted on May 4, 2015. The Request for Information or Assistance submitted included the following: 1. Identification of the type of planting permissible in both the 15' Vegetated Buffer located adjacent to County Road 48 and the 10' Vegetated Buffer located on the western property line. 2. A request for a fence-to be constructed in both the 15' and 10' Vegetated Buffer Areas. As required in Clause F of the filed Covenants and Restrictions (see attached): "Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications following Southold Town Planning Board Approval." For your information, I have attached the approved planting list (Southold Native/Natural Planting Specifications). Please note, the Planning Board must review and approve all vegetation types proposed to be planted before planting can occur in the Vegetated Buffer Areas. Nickart Realty—Page Two— May 11, 2u Additionally, Clause G and J of the filed Covenants and Restrictions states: (Clause G) "Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of residents and property." (Clause J) "There shall be a minimum of four (4) street trees planted along CR 48 on the northern property line, with two (2) street trees planted on the NE corner of Lot 2 and the NW corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island." In regards to your request to place a fence in both the 15' and 10' Vegetated Buffer Areas, we will have to review the proposed location of the`fence to determine if it will be allowed. As soon as you know which:plants you would like to plant and the location and type of the proposed fences, please make an appointment with us to review your proposal. If you have any further questions, please do not hesitate to contact this office. Thank you. Yours truly, Alyxandra Sabatino Planner Encls. SOUTHOLD TOWN PLANNING BOARD NATIVE/NATURAL BUFFER PLANTINGS SPECIFICATIONS T Landowner: •Locations SCTM #: Approved by: Date: The Southold Town Planning Board Native/Natural Planting Specifications should be tailored to individual sites so as to re-establish as much as possible the vegetation types that,are indigenous to the specific site above. General Planting Specifications: Deciduou$ Trees: 2.5 to 3" caliper, 20 feet on center, balled and burlapped Evergreen Trees: Only Pitch Pine, American Holly and Eastern Red Cedar are permitted. NO WHITE PINES! Minimum 6-7 feet in height, balled and burlapped Shrubs:.Minimum 2-3 Gallon container planted 3 feet on center, 4-6 gallon container grown, 4 feet on center. Groundcovers: Minimum 1 Gallon, container grown, 2 feet on center Natural Grasses: Plugs only, 12 inches on center. Mulching: Native leaf litter, native pine needles, or finely shredded native wood.. Temporary Irrigation: Where necessary. No permanent irrigation. 85% Survival Rate: Over a 3 year period Allowance: Supplementation with native wildflowers 12 inches on center. Seeding: Required seeding specifications where appropriate. (Page f of 4) SOUTHOL D TOWN PLANNING BOAR® x , NATIVEMATURAL SUFFER PLANTINGS SPECIFICATIONS Recommended Native Plants: Checkmark indicates.acceptable plantings for this site Trees to be planted feet on center IMP NATIVE TREES American Beech (Fagus grandifolia) Pignut Hickory (Carya glabra) American Holly (ilex opaca) Pitch Pine(Pinus tlgida) American Hornbeam (Carpinus caroliniana) Post Oak (Quercus stellata) American Linden (Tilia Americana) Quaking Aspen (Populus tremuloides) Black Cherry(Prunus serotina) Red Oak (Quercus rubra) Black Oak(Quercus velutina) Red Maple (Acer rubrum) Black Birch (Betula lenta) Sassafras (Sassifras albidum) Black Gum (Nyssa sylvatica) Scarlet Oak(Quercus coccinea) Chestnut Oak(Quercus prinus) Shadbush (Amelanchier Canadensis) Common Alder(Alnus serrulata) Speckled Alder(Alnus rugosa) Eastern Red.Cedar(Juniperus virginiana) Swamp Magnolia (Magnolia virginiana) Flowering Dogwood (Comus Florida) Swamp White Oak (Quercus bicolor) Gray Birch (Betula populifolia) Sweet Gum (Liquidambarstyraciflua) Hackberry (Celtis occidentalis) Tulip Tree (Liriodendron tulipifera) Hawthorne (Crataegus crusgalli) White Oak (Quercus alba) Ironwood (Carpinus caroliniana) White Ash (Fraxinus Americana) Persimmon (Diospyros virginiana) Witch Hazel (Hamamelis virginiana) (Page 2 of 4) SOUTHOLD TOWN PLANNING BOAR® NATIVEINATURAL BUFFER PLANTINGS SPECIFICATIONS t Sr: >n. Recommended Native Plants: Checkmark indicates acceptable plantings for this site Percentage of area to be covered by shrubs Jftlt in�& x Y' American Elder (Sambucus canadensis) Scrub,Oak (Quercus ilicifolia) Arrowwood (Viburnum dentatum) Shad Bush (Amelanchier canadansis) Bayberry (myrica pensylvanica) Shining Sumac(Rhos copallina) Black Chokeberry (Aronia melanocarpa) Sheep Laurel (Kalmia angustifolia) Black Haw (Viburnum prunifolium) Steeplebush (Spirea latifolia) Black Huckleberry (Gaylussacia baccata) Staggerbush (Lyonia madana) Fetterbush (Leucothoe racemosa) Swamp Rose (Rosa palustris) Highbush Blueberry (Vaccinium corymbosum) Swamp Azalea (Rhododendron viscosum) Inkberry (Ilex glabra) Sweetfern (Comptonia peregrina) Maleberry (Lyonia ligustrina) Sweet Pepperbush (Clethra alnifolia) Maple-Leafed Viburnum (Viburnum acerifolium) Spicebush (Lindera benzoin) Mountain Laurel(Kalmia latifolia) Virginia Rose (Rosa virginiana) Nannyberry (Viburnum lentago) Winterberry (Ilex verticillata) Northern Arrowwood (Viburnum recognitum) Witherod (Viburnum nudum) Pasture Rose (Rosa virginiana) Pussy Willow (Salix discolor) Red Chokeberry (Aronia arbutifolia) (Page 3 of 4) 3 r ti I I SOUTlHOLD TOWN PLANNING BOAR® �o� usrrra�� �rrir NATIVEINATURAL BUFFER PLANTINGS SPECIFICATIONS N , t S Re'comma-nded Native Plants., Checkmark indicates acceptable plantings for this site Percentage of area'to be covered by grasses,wildflowers, perennials and groundcovers NATIVE GRASSES WILDFLOWERS,PERENNIAO &,G „ UNDC0VERS Blue Eyed Grass jSisydnchium angusfifollum) Lowbush Blueberry(Vaccinium angustitollum) Broom Sedge (Andropogon virginicus) 'New England Aster(Asternovae-angliae) Bearberry (Arctostaphylos uva-ursi) New York Aster(Aster novi-belgir) Beebalm (Monarda didyma) New York fern (Dryopteris cristata) Bergamot(Monarda fistulosa) NY Ironweed (Vemonia noveboracensis) Butterfly Weed (Asclepias tuberosa) Pennsylvania Sedge (Carex pensyvanka) Blazing Star(Liatris spicata) Royal Fern (Osmunda regalis). Glue Lupine (Lupinus perennis) Sensitive Fern (Onoclea sensibilis). Bird's Foot Violet(Viola pedata) Stiff Aster(Aster linariifolius) Bracken Fern (Pterldium aguilinum) Sweet Goldenrod (Solidago odora). Canada Mayflower(Maianthemum canadense) Trailing Arbutus (Epigaea repens) Cardinal Flower(Lobelia cardinalis) Wild Indigo (Baptisia tinctoria) Common Hairgrass (Deschampsia flexuosa) Wintergreen '(Gaultheria procurnbens) Cinnamon Fern (Osmunda cinnamomea) Wild Columbine (Aquilegia canadensis) Golden Heather(Hudsonia ericoides) Wild Geranium (Geranium maculatum) Horsemint(Monarda punctata) Hay-scented Fern (Dennstaedda punctilobula) (Page 4 of 4) {IllilllllIIIIIIIIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIISIiIf I lillll IIIII IIIII Illl IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/27/2014 Number of Pages: 6 At: 11 :45:10 AM Receipt Number : 14-0009334 LIBER: D00012761 PAGE: 470 District: Section: Block: Lot: 1000 052 .00 02 .00 013.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO Handling $20.00 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 $60.00 NO Fees Paid $135.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DECLARATION AND COVENANT THIS DECLARATION made the 13-lay of January, 2014, by NICKART REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 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 Nickart Realty", as shown on map entitled "Final Plat for the Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors, Inc., dated February 10, 1998 and last revised on July 31, 2008, and Map of part of Old Cove Bolevard as widened and improvement plan prepared by Peconic. Surveyors, Inc., dated October 22, 2009 last revised November 16, 2009, 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. There shall be no direct access, curb cuts or driveways from or to County Road 48 from Lot 1 and Lot 2. b. There shall be no changes to any of the lot lines without Planning Board approval. c. Pursuant to chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on site. d. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. e. The natural vegetated buffers for the property shall be 10' (feet)wide on the western property line running N. 31 degrees, 40 minutes 50 seconds W. for 80.16' (feet) on the eastern property line running S. 31 degrees 40 minutes 50 seconds E. for 80.16' (feet) and on the southern property line running S. 61 degrees 59 minutes 10 seconds W. for 367.71' (feet) and shall be 15' (feet)wide along the full length of the northern property line south of Middle Road (CR 48) running N. 61 degrees 59 minutes 10 seconds E. for 387.76' (feet). f. Natural vegetated buffers shall be planted only with vegetation choices Identified in the approved Town of Southold Planting Board Native/Natural Buffer Planting Specifications (attached) following Southold Town Planning Board Approval. g. Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of residents and property. h. The natural vegetated buffers described above shall remain in perpetuity. I. Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold-Planning Board Native/ Natural Buffer Planting Specifications. j. There shall be a minimum of four(4)street trees planted along C.R.48 on the northern property line, with two (2)street trees planted on the NE corner of Lot 2 and NW corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in.effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be i revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or.at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following 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 Now 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. 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 I 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. NICKA1 RRT R TY C BY: " �� NICK PALEOS State of New York ) ss: County of Nrvf)�c} On this.l 3 4ay of January, 2014 before, the undersigned, personally appeared NICK PALEOS, 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 individuals)acted, executed the instrument. Notary Public AIMS J MILLO NOTARY PUB[KL.RTATE OF NEW PORK QUALIFIED IN NASSAU COUNTY Y REG.#OIJA6105288 My COMM.EXP.FEB.09.20 1 10 SCHEDULE A 1 A- LL that: truin plot,piece or parcel of knd, t� "gatAWrgialhe•Town bf Southold...(Iountiy.of. t folk and State of New -York, bounded and described as f$llowa::'` BEGINNING at a.point formed by-tije••.inteioect3on ct the sobther3,yJ•11ne of Middle Stood (North Road•'Co. '4l3,'filly Co-. Rd:."27)- and the;eastdrly !side of a 20 foot private road ktu�t�P-a-q::Beverly • Ro�d'j said poijt•also. being distant 880 feet wedterly.whet# -m"s'ured••along-,the southef` �yy.:side of Middle Road, from the 4esterl°y 'side of $ay)jerry Lane, said,pdint being the northeasterly corner•,•of, the:premises. herein deperibecl:; RUNNING THENCR south 610 59 lti."•.•Wegt:aiorio the southerljr ling:of•'the Middle Road, 387:76 feet to a pr>iht= r ' THENCE south 310 40' 50" .east,:,90'." 8•.-feet'to,&'point in ttie.ann'.er A.ine of a 20 feet. private road kndirri: a's :olol Cove Blvd! THENCE north 610 59' 10" east; k1ong•t.he center line pf•Old Cote Boulevard and parallel with the °southerly line of Middle Road,.-387.76 , feet -through said'private ,road known as- Beverly Road to a-point on the easterly side therofj THENCE north 31° 40' So" west aloncj•the easterly side of Beverly Road nt* 00.18 feet to Middle Road at the poiof place of BEGINNING. • 4f�l4 Patricia C. Moore Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 January 30, 2014 HAND DELIVERED Mr. Donald Wilcenski, Chairman, Southold Town Planning Board JAN 31 2014 PO Box 1179 Southold, NY 11971 Re: Standard Subdivision of Nickart Realty JSCTNI 1000-52-20131 Dear Mr. Wilcenski: With reference to the above and pursuant to the December 17, 2013 letter (enclosed for your reference) from Alyxandra Sabatino of the Planning Board, enclosed please find the following: 1. Copy of the recorded Covenants and Restrictions filed in the Office of the Clerk of the County of Suffolk on January 27, 2014 in Liber 12761 page 470 2. My client's check in the amount of$4,000.00 representing the Administrative fee 3. 12 paper prints and 4 mylars of the Final Plat for the Subdivision for Nickart Realty Corp. dated February 10, 1998 and last revised July 31, 2008 4. 12 paper prints and 4 mylars of the "Map of Part of Old Cove Boulevard a Widened and Improvement of the Plan. My letter requesting a reduction in the above administrative fee will follow under separate cover. As per our conversation with Aly of your office, I understand this matter will be placed on your February 10, 2014 for final resolution authorizing you as Chairman to sign said maps. Thank you. t• Sincerely,_ �—,Palncia C. Moore PCM/bp EC: Nickart Realty z MAILING ADDRESS: PLANNING BOARD MEMBERS � � P.O. Box 1179 DONALD J.WILCENSKI s.T'' Southold, NY 11971 , Chair fcr lr JIG ;'• OFFICE LOCATION: WILLIAM J.CREMERS {y, Town Hall Annex PIERCE RAFFERTY R • , � 54375 State Route 25 JAMES H.RICH III �I. (cor. Main Rd. & Youngs Ave.) MARTIN H.SIDOR ` _` '('pG R �� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 17, 2013 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: At their December 16, 2013 Work Session, the Planning Board reviewed the above- referenced application and has approved the draft Covenants and Restrictions dated June 18, 2010. The Planning Board also found that the following items must be submitted before a Final Determination is granted: 1. Proof of filing the attached Covenants and Restrictions with the Office of the Suffolk County Clerk. 2. Submission of an Administration Fee in the amount of $4,000.00 pursuant to §240-37 of the Southold Town Code. 3. Submission of 4 mylars and 12 paper copies of the following maps endorsed by the Department of Health Services: • Page 1 "Final Plat for the Subdivision for Nickart Realty Corp.", dated February 10, 1998 and last revised July 31, 2008 • Page 2 "Map of Part of Old Cove Boulevard as Widened and Improvement Plan" As you had requested at the Work Session, please submit a letter to the Planning Department requesting the specific reduction in fees, along with the reason why this reduction is applicable. Upon receipt of this letter, the Planning Board will take your request into consideration. Nickart Realty Page Two December 17, 2013 If you have any questions, please do not hesitate to contact this office. Very trulyJ yours,, Alyxandra Sabatino �`f Planner Encl.: Planning Board approved Covenants and Restrictions • • MAILING ADDRESS: PLANNING BOARD MEMBERS QF sour P.O. Box 1179 DONALD J.WILCENSKI O�� yQ� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR QIyCOUN � Southold, NY IY 1, Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 17, 2013 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: At their December 16, 2013 Work Session, the Planning Board reviewed the above- referenced application and has approved the draft Covenants and Restrictions dated June 18, 2010. The Planning Board also found that the following items must be submitted before a Final Determination is granted: 1. Proof of filing the attached Covenants and Restrictions with the Office of the Suffolk County Clerk. 2. Submission of an Administration Fee in the amount of$4,000.00 pursuant to §240-37 of the Southold Town Code. 3. Submission of 4 mylars and 12 paper copies of the following maps endorsed by the Department of Health Services: ■ Page 1 "Final Plat for the Subdivision for Nickart Realty Corp.", dated February 10, 1998 and last revised July 31, 2008 Page 2 "Map of Part of Old Cove Boulevard as Widened and Improvement Plan" As you had requested at the Work Session, please submit a letter to the Planning Department requesting the specific reduction in fees, along with the reason why this reduction is applicable. Upon receipt of this letter, the Planning Board will take your request into consideration. Nickart Realty Page Two December 17, 2013 If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner Encl.: Planning Board approved Covenants and Restrictions WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, December 16, 2013 2:30 p.m. SOUTHOLD TOWN ANNEX BOARD ROOM 2 No FLOOR, CAPITAL ONE BANK BUILDING 2:30 p.m. Applications 4:15 p.m. Review Public Meeting Agenda -.-.- ............. --- ............ . Project name: Peconic Landing SCTM#: , 1000 35 1 25 ... ---- ........................ .. Location: 1205 NYS Rte. 25, on the north side of NYS Rte. 25, 1,121' east of Sound Road in Greenport...-..... ---- _---- - Description: This amended site plan is for the proposed construction of two new buildings at Peconic Landing, an existing continuing care retirement community. One building is an 87,426 sq. ft. apartment building with 46 apartments and a parking garage, and the other is a 35,543 sq. ft. nursing home with 33 beds, including a reconfiguration of the parking lot on 144 acres in the Hamlet Density Zoning Distract - - Status New Application .. - ...... Action Review for completeness ---- Attachments: Staff Report -.- _- Project name Nickart Realty SCTM#: 1000 52 2 13 Location: South side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold -------- ------__- -- .- -...-.-...- -.-.-.-. ------ - _- _. -..-.-.... - -.-. ------- Description: Subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot....... 2 equals 17,438 sq. ft. in the R-40 Zoning District. Status: Expired Action Review next steps to complete Final Approval --- - - - - ...._ Attachments: Staff Report Project name: Conkling Point Estates SCTM#: 1000-53 4 44.1 & 44.3 _.-.- Location w/s/o Kerwin Boulevard, 575 +/- feet w/o August Lane, Greenport -. . ----- --- - _ _ ........... ._ Description: This proposal is to subdivide a 7.725-acre parcel into four lots where Lot 1 equals 29,869 sq. ft. inclusive of 4.98 acres of open space which includes 0.82 acres of wetlands, Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., and Lot 4 equals 29,869 sq. ft. This project includes the transferring of 37,882 sq. ft. of buildable lands from SCTM#1000-53-4- 44.3 onto the subject property for the purposes of establishing yield. Status: Conditional Preliminary Approval Action: Review submitted documents. Attachments: Staff Report RECEIVED �t Southold Town Clerk, AUG 2 8 Town Hall 53095 Main Road, P.O.Box 1179 Southold, NY 11971 Southold Town Clerk Attention: Southold Town Board and Southold Planning Board RE: Proposed 2 home sub-division"Old Cove Blvd"Southold(Nickart Realty) 2(1 2012 August 8, 2012 To Whom It May Concern: We are writing this letter to voice our concerns regarding the above noted subdivision application for 2 new homes on Old Cove Rd. near Beverly Rd and Middle Rd. (C.R 48) in Southold. We were notified of the application for this sub-division when it first was to go before the Town Board.We elected not to attend the hearing because we felt that since we had no opposition to the construction of two new homes at that location, then there was no purpose in attending the hearing. Unfortunately it never occurred to us to attend the hearing for the purpose of voicing our approval of this proposed project We were not aware of any neighbors who objected to the homes and so we thought if there were no objections that it would pass. We recently have learned that the Town is blocking the project and we are very disappointed in hearing this..., for the following reasons. The property as it exists now, and has existed for some time, is a serious eye sore. It is overgrown and unsightly, has become a dumping ground for rubbish, and is tick invested. Furthermore most of the plots near the proposed subdivision are already occupied with homes on plots much smaller than the ones the builder proposes here.We feel that two new homes would be a huge asset and improvement to the area. In addition it is our understanding that the builder agreed to repair and improve the road adjoining the proposed homes which is in a great state of disrepair. Finally, as a bonus to the improvement that these two new homes would have on this area, the real estate taxes these two new homes would generate would be a great help to the Town, especially in these tough times. We do not understand why the construction of these two homes is being blocked by the town. Please reconsider the decision to block the project since its approval would be an asset to the neighborhood and the town. Very Truly Yours, 0A ��oFBo�r� ELVABETH A.NEVUJX RUC,CMC `O 6 Town Hall Mein Road Box. TOWN CLERK 1� 1� P.O.Box 1 REGISTRAR OF VITAL STATISTICS Southold,New Yorrkk 11971 -6145 MARRIAGE OFFICER Fox(631) RECORDS MANAGEMENT OFFICER Telephone(631)766-1800 FREEDOM OF INFORMATION OFFICER �"�Ue �� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 2010 Patricia C. Moore Attorney At Law 51020 Main Road Southold,New York 11971 Dear Mrs.Moore, "On July 12,2010,this office received a demand for the issuance of a certificate of final subdivision approval for the Standard Subdivision of Nickart Realty application pursuant to Town Law§276(8). Please be advised that the Town Planning Board records indicate that this application was deemed complete on June 15,2010. As such,a certificate of approval pursuant to Town Law§276(8)is inappropriate and your request is denied." very truly yob ('����a Elizabeth A.Neville Southold Town Clerk cc: Supervisor&Town Board Town Attorney Planning Director RECEIVED s>« Patricia C. Moore ; r- fJUL Z 201� Attorney at Law _ 51020 Main Road Southold,New York 11971 5outheld Town Clerk Tel:(631)765-4330Fax: (631)765-4643 July 12,2010 BY HAND Hon. Elizabeth Neville Southold Town Clerk Main Road Southold,NY 11971 Re: Standard Subdivision of Nickart Realty Located on the south side of CR 48, approx. 900 feet west of Bayberry Lane Southold, NY SCTM 1000-52-2-13 Dear Mrs.Neville: Pursuant to the provisions of Town Law§276(8) it is hereby demanded that a certificate of final subdivision approval for the above referenced property be issued by you. The Southold Town Planning Board has failed to act on the final plat which has been before them since April 14, 2010, a period of more than 62 days. The applicant is entitled to a certificate signed by you so that the map may be filed with the Suffolk County Clerk. Si 1 , atricia C. Moore PCM/mr cc: Nickart Realty MAILING ADDRESS: PLANNING BOARD MEMBERS �QF so or P.O. Box 1179 MARTIN H.SIDOR �0� yQ/_ Southold, NY 11971 Chair 41 OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS 0 54375 State Route 25 JOSEPH L.TOWNSEND Q (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI !'YCOU Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Conditional Final Approval: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, July 12, 2010, adopted the following resolutions: WHEREAS, this proposal is for a standard subdivision to subdivide a 0.8011-acre parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on May 11, 2006; and WHEREAS, on July 10, 1997, the Zoning Board of Appeals granted an Area Variance (No. 4480) for the proposed action with the following condition: 1. "There shall be no direct access, curb cuts or driveways from or to County Road 48 from the parcels"; and WHEREAS, on March 1, 2005, the Town Board of the Town of Southold adopted a Local Law amending the Town Code to include Chapter 117, entitled "Development Rights, Transfer Of"; and WHEREAS, Chapter 117 expressly prohibits the Transfer of Development Rights (which include Suffolk County Department of Health Sanitary Credits) unless said transfer is made pursuant to Chapter 117 and in full compliance with its terms and conditions; and Nickart Realty Page Two July 13, 2010 WHEREAS, pursuant to §240-4(A) of the Town Code, any subdivision is required to "demonstrate conformance with the various parts of the Comprehensive Plan, adopted addendum, plans and studies, Town Code (emphasis added) and the official map;" and WHEREAS, on November 13, 2006, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on May 8, 2008 an application for Preliminary Approval was submitted; and WHEREAS, on July 14, 2008, the Southold Town Planning Board granted Conditional Sketch Approval upon the map entitled "Subdivision For Nickart Realty", dated February 10, 1998 and last revised April 1, 2008, prepared by Peconic Surveyors, P.C.; and WHEREAS, on August 12, 2008, the applicant submitted a Park and Playground Fee in the amount of$7,000.00 as required by Southold Town Code §240-53 (G); and WHEREAS, on September 19, 2008, the applicant submitted a copy of the Tidal Wetland Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation, dated April 6, 1998; and WHEREAS, on January 23, 2009, the applicant submitted the Final Report for the Phase I Archeological Review, prepared by Tracker Archeology Services, Inc.; and WHEREAS, on February 13, 2009, referrals for the above-referenced application were sent to the following for comment: 1) Southold Town Engineer 2) LWRP Coordinator 3) Southold Town Board of Trustees 4) Suffolk County Planning Commission 5) Southold Town Chief Building Inspector 6) Southold Fire District; and WHEREAS, on February 27, 2009, the Southold Fire District responded stating that there was adequate fire protection for this proposed standard subdivision; and WHEREAS, on March 12, 2009, the Suffolk County Department of Health Services approved the above-referenced proposed standard subdivision; and WHEREAS, the Suffolk County Department of Health Services approval of the proposed standard subdivision was based upon the Transfer of a Development Right (Sanitary Flow Credit) from a parcel located in Mattituck to the subject parcel, as approved by the Suffolk County Department of Health Services Board of Review in its findings, dated October 30, 2006; and Nickart Realty Page Three July 13, 2010 WHEREAS, it appears upon information and belief that in approving the proposed standard subdivision based upon the Transfer of a Development Right (Sanitary Flow Credit), the Suffolk County Department of Health Services did not consider the enactment of Chapter 117 of the Town Code; and WHEREAS, the Transfer of a Development Right (Sanitary Flow Credit) as approved by the Board of Review and the Suffolk County Department of Health Services is not in accordance with Chapter 117 of the Town Code; and WHEREAS, the Suffolk County Department of Health Services standards for the Transfer of Development Rights requires that the project must comply with, among other things, the requirements of the Town; and WHEREAS, on March 23, 2009, the Southold Town Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the proposed action and provided comments and recommended that the proposed action was consistent with the Southold Town LWRP policies; and WHEREAS, on March 30, 2009, the Southold Town Planning Board and Planning Staff conducted a site-visit to the above-referenced proposed standard subdivision; and WHEREAS, on April 10, 2009, the Southold Town Engineer provided comments on the above-referenced proposed standard subdivision; and WHEREAS, on April 16, 2009, the Southold Town Board of Trustees provided comments to the Southold Town Planning Board for the above-referenced proposed standard subdivision stating that "...due to the proximity to the Long Island Sound, the area is subject to potential storm damage and should therefore not be subdivided" and further disagreed with the New York State Department of Environmental Conservation's determination on non-jurisdiction; and WHEREAS, on May 18, 2009, the Suffolk County Planning Commission provided comments stating that the above-referenced proposed subdivision was a matter of local jurisdiction with the following comments: "The proposed subdivision creates substandard lots and appears to be an over intensification of use based on the requirements of the Town of Southold R-40 Zoning District; and Clearing and grading within each lot should be limited to that necessary for siting and constructing a house and typical accessory structures with the intent of preserving as much of the natural vegetation on the site as possible, and to minimize stormwater run-off and erosion."; and WHEREAS, on May 29, 2009, the applicant submitted a revised subdivision map showing the staking locations for the building envelopes as requested by the Southold Town Planning Board pursuant to their March 30, 2009 site visit; and • • Nickart Realty Page Four July 13, 2010 WHEREAS, on June 23, 2009 and September 22, 2009, a letter was sent to the applicant by the Southold Town Planning Board requesting revisions to the subdivision map on a scale of 1:100 to clearly show the following: 1) clearing limits 2) building envelopes 3) setbacks 4) driveways 5) expansion of right-of-way on Old Cove Boulevard to 25' wide 6) proposed French drain, grading, retaining walls and septic system as required by Southold Town Engineer for drainage plans 7) 15 and 10 foot natural vegetated buffer along the north, east and southerly property lines 8) minimum of 4 street trees on each lot along CR 48; and WHEREAS, on June 23, 2009 and September 22, 2009, in the same letter sent to the applicant requesting that, in addition to the items to be submitted on the subdivision map as outlined in the previous 'WHEREAS", the applicant shall also submit on a separate plot plan, at a scale of 1:20, the same items as listed above; and WHEREAS, this request for a separate plot plan at a scale of 1:20 to be attached to the subdivision map which shall be at a scale of 1:100 was made by the Southold Town Planning Board so that all revisions and requirements for this particular proposed subdivision can be seen clearly by the Southold Town Planning Board for effective review as the property totals only 0.8011 acres and two small lots, each totaling 17,438 sq. ft., are being proposed for this property; and WHEREAS, on November 19, 2009, the applicant submitted subdivision plans and drainage plans on separate plot plans entitled "Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated October 22, 2009 and last revised on November 16, 2009, reflecting the previously requested Southold Town Planning Board revisions; and WHEREAS, on January 25, 2010, the Southold Town Planning Board reviewed and accepted the revised Preliminary Plans; and WHEREAS, on February 1, 2010, the Southold Town LWRP Coordinator provided recommendations of plant and tree species to the Southold Town Planning Board for landscaping and vegetated buffers to be planted on the above-referenced proposed standard subdivision; and WHEREAS, on February 1, 2010, the Southold Town Planning Board reviewed and accepted the LWRP Coordinator's recommendations; and WHEREAS, on February 9, 2010, the revised Preliminary Plans were reviewed by the Southold Town Engineer; and Nickart Realty Pa-ge Five July 13, 2010 WHEREAS, on February 16, 2010, the Southold Town Planning reviewed and accepted all of the above-referenced comments; and WHEREAS, on March 8, 2010, a Preliminary Public Hearing for this proposed standard subdivision was held and closed; and WHEREAS, on April 12, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval on the subdivision plan prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009; and WHEREAS, on June 7, 2010, a letter was sent to the applicant by the Southold Town Planning Department requesting certain changes to the Final Plat and the required Covenants and Restrictions; and WHEREAS, on June 15, 2010, the applicant's application for Final Plat Approval was deemed substantially complete with the submission of 5 paper copies and 4 mylar copies of the revised Final Subdivision Plat; and WHEREAS, it has now been discovered that the applicant's use of the Transfer of Development Right in the form of a Sanitary Credit was not in compliance with Chapter 117 of the Town Code; 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 determined that the action is consistent, as outlined in the memo from the LWRP Coordinator; and be it further RESOLVED, that the Southold Town Planning Board hereby conditionally approves the Plot Plan entitled "Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated October 22, 2009 and last revised on November 16, 2009, and to be filed with the Suffolk County Clerk with the Final Plat; and be it further RESOLVED, that pursuant to Southold Town Code §240-24, the Final Plat is in substantial agreement with the approved Preliminary Plat prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009, and therefore, no Final Public Hearing is required; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval upon the map prepared by John T. Metzger, L.S., dated February 10, 1998 and last revised on July 31, 2008, entitled "Final Plat for the Subdivision for Nickart Realty Corp." subject to the following condition: 1. Proof of compliance with Chapter 117 of the Town Code for the Transfer of Development Rights (Sanitary Flow Credit) or, in the alternative, approval of the Suffolk County Department of Health Services that is not dependent on a Transfer of a Sanitary Flow Credit. Nickart Realty Page Six July 13, 2010 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yoourls, .� �I '�4,01 Martin H. Sidor Chairman Please note the following: Conditional Approval of Final Plat. Conditional Approval does not qualify the Final Plat for recording or authorize issuance of Building Permits prior to the recording of the plat in the County Clerk's Office. The applicant shall have 180 days from the adoption of a resolution of Conditional Approval to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. The conditionally approved Final Plat shall not be filed until all conditions have been met, the Planning Board grants Final Plat Approval by resolution at a public meeting, and the Planning Board Chair has endorsed the Final Plat. Patricia C. Moore Attorney at Law 51020 Main Road ( Southold,New York 11971 1 Tel: (631)765-4330 Fax: (631)765-4643 July 12, 2010 BY HAND Mr. Martin Sidor, Chair Mr. Kenneth Edwards Z�}Q Mr. Joseph Townsend Mr. William Cremers Mr. Donald Wilcenski Southold Town Planning Board Town Hall Annex Southold, NY H 971 Re: Subdivision ofNickart Realty SCTM 100-52-2-13 Dear Mr. Sidor and Members of the Board: This letter is written to supplement a letter written to Asst. Town Attorney Jennifer Andaloro dated June 1, 2010, copies of which were also provided to you [for your convenience, copies of that letter are attached]. Southold Town Code Chapter 117 Does Not Apply to this Subdivision The provisions of Southold Town Code Chapter 117 were adopted to provide a vehicle whereby the Town could "bank" sanitary flow credits on open space or the development rights on properties acquired by the Town. The procedure by which this is done is set forth in section 117-5. The Town's local law addresses ONLY those circumstances in which the Town is an actor in a land transaction [acquiring fee title or development rights] The Town's local law was not adopted to prevent private property owners from entering into agreements to transfer sanitary flow credits under the rules established by the Suffolk County Health Department. If the Planning Board attempts to misuse chapter 117 and insist that the Nickart two lot, standard subdivision is subject to the provisions of this chapter unrelated to the subdivision application before it, there will be consequences: 1. Planning Board's use of chapter 117 will prevent ANY property from transferring sanitary flow credits for any use other than affordable housing. If the Board insists that the Nickart 2 lot subdivision must use sanitary flow credits obtained from the Town's "TDR Bank" and that such credit is to be used exclusively for affordable housing, then, any residential or commercial property in town which needs additional sanitary flow credits in order to expand [ie. a restaurant adding seating capacity] will be prohibited from doing so. Commercial property WILL be included in this prohibition because a "Sanitary Flow Credit" is defined in the local law as "equivalent to a right to develop a single-family residential parcel with on-site sewerage system, or its nonresidential wastewater flow equivalent." [Southold Town Code section 117-2] The "non-residential wastewater flow" relates to commercial property uses. Chapter 117 involves only those instances in which the Town's open space/development rights acquisition are involved. If this Board thinks otherwise, then, by the definitions and provisions of that chapter, the transfer of sanitary flow credits for commercial purposes will be prohibited as well. It must be repeated , chapter 117 applies only to the sanitary flow credits in those instances in which the Town is involved in acquiring ownership or development rights. 2. Board action violates provisions of the Suffolk County Sanitary Code. The Nickart subdivision received health department approval four years ago under the applicable rules and regulations. The Health Department is the designated body with jurisdiction over sanitary waste, and the Suffolk County Sanitary Code expressly states "the Code shall be supplemental to the Public Health Law, the State Sanitary Code, and other State laws relating to public health, and shall supercede all local ordinances heretofore or hereafter enacted or promulgated inconsistent therewith. The Nickart subdivsion received the approval of the Suffolk County Health Department in proceedings of which the Planning Board was aware, and in which, upon information and belief, the Board participated. The time in which the Board could have taken legal action to challenge that approval is long passed. An attempt to require compliance with chapter 117 is an obvious back door effort to nullify the approval already received by the applicant from the health department which has exclusive jurisdiction in this area. The applicant is already entitled to approval of its final plat by the Board's failure to act in a timely manner, and an application to the Southold Town Clerk has been filed demanding default approval of the plat. Any further delay, or the imposition of conditions which are beyond the jurisdiction and authority of the Board will lead to litigation. It is time to grant final approval and bring this 12 year ordeal to an end. Sincerely, LV- atricia C. Moore PCM/mr cc: Nickart Realty MAI1 NG ADDRESS: PLANNING BOARD MEMBERS �QF so P.O. Box 1179 MARTIN H.SIDOR ��� 0/_ Southold,NY 11971 Chair T OFFICE LOCATION: WILLIAM J.CREMERS y bl- Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JOSEPH L.TOWNSEND (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI I�C�UnI' Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 8, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: This letter is to confirm receipt of your letter regarding the above-referenced property, dated June 18, 2010, by the Southold Town Planning Board. This letter also serves as additional confirmation of receipt of the materials outlined in your letter referenced above. They are as follows: 1. Submission of the application and fee for Final Plat Approval - dated August 11, 2008. 2. Submission of revised Draft Covenants and Restrictions - dated June 18, 2010. 3. Submission of revised Final Plats and Mylars for the above-referenced property - dated June 15, 2010. Further, the Southold Town Planning Board will accept the previously submitted Plot Plan (submitted November 19, 2009) entitled "Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated October 22, 2009 and last revised on November 16, 2009. The Final Plat for this application, submitted on June 15, 2010, identifies limits of clearing for each of the proposed lots accurately at 60% as required by Southold Town Code §240-49. Therefore, please be advised that, as of June 15, 2010, the application has been deemed substantially complete with the submission of five (5) paper copies and four (4) mylar copies of the revised final subdivision plat. As such this application will be scheduled on the next available Southold Town Planning Board Agenda. If you have any further questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner r Ts P� Patricia C. Moore r Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 June 17,2010 BY HAND Mr. Martin H. Sidor Chair, Southold Town Planning Board PO Box 1179 Southold, NY 11971 Re: Standard Subdivision of Nickart Realty [SCTM 1000-52-2013] Located on the south side of CR 48, approximately 900 fee west of Bayberry Lane, Southold Dear Mr. Sidor: This letter is written in response to the letter dated June 7, 2010 from the Town Planner Tamara Sadoo. The two lot subdivision application has been the subject of a 12 year muncipal review process. . The layout as fully reviewed has remained unchanged since 2008. The sketch, the preliminary and now the final are the same. As the final plat is in substantial agreement with the approved preliminary plat, this application is to governed by Southold Town Code §240-24 and NOT §240-25(A) as cited in the Board's letter. The materials submitted since April 14, 2010 satisfy the conditions set forth in the Conditional Preliminary Plat approval granted on April 12, 2010. Those conditions in the preliminary approval and proof of compliance with them follow: 1. Submission of the application 1. A. Application, fee, and park and playground fees and fee for Final Plat Approval were submitted August 11, 2008. with language regarding B. Sterilization language was set forth in recorded sterilization of sending parcel covenants and restrictions at Liber 12544 page 128, copies of which were provided to this Board. The Board was reminded of this by letter dated April 13, 2010 and was asked to confirm that the language already set forth on the plat was satisfactory. JUN 1 8 2010 i Page 1 of 3 1 Patricia C. Moore Attomey at Law June 17, 2010 Re: Nickart Subdivision 2. Submission of Draft Covenants 2. Covenants and Restrictions setting forth all of the and Restrictions containing clauses required language [including correction of errors a j contained in the Planning Board requested language] submitted April 14, 2010. Enclosed please find another set of the proposed Covenants and Restrictions setting forth the "exact" language as you have requested in the conditional preliminary plat approval The Board's letter of June 7, 2010 now attempts to add additional requirements not set forth in the resolution granting preliminary plat approval. These additional requirements, however, have already been addressed, and to the extent the information has already been provided, it has been done so reserving all legal rights of the client and without acknowledging the legitimacy of those requirements. These are addressed as follows: New requirement 42 in June 7, Response: There is no requirement in the Town Code that 2010 letter requires the final plat to be identified as such unless the Submit final subdivision plat final map is not in substantial compliance with the with title "Final Subdivision preliminary plat approved. Nevertheless, the maps were Plat" as required by Southold amended to identify this plat as the "final" plat. Town Code §240-25(A) Note, that the Board's reference to Town Code §240-25(A) is wrong and does not apply to this subdivision. The plat has not been changed since August 2008 and as such is in substantial agreement with the preliminary plat approved in April 2010. Accordingly, this plat is to be governed by Southold Town Code §240-24. Page 2 of 3 Patricia C. Moore Attorney at Law June 17, 2010 Re: Nickart Subdivision New requirement #3 directing Response: By letter dated September 22, 2009 the that street trees are shown on Planning Board directed the applicant to submit two sets of the Final Subdivision Plat maps [the second showing the details regarding street trees and clearing limits on the second map with the scale of New requirement #4 directing 1:20] Both of these maps will be recorded with the Suffolk that clearing limits for each lot County Clerk. The requested information has already been be shown on the Final Plat provided in the format requested prior to granting preliminary plat approval and the Planning Board resolution granting preliminary plat approval expressly stated that "on November 19, 2009, the applicant submitted subdivision plans and drainage plans reflecting the previously requested Southold Town Planning Board requested revisions" If, by items #3and 4 the Board is asking for this information to be shown on the 1:100 plat, the answer is a straight forward, "no" The Board has no authority to make additional requirements after it has granted preliminary plat approval and the information is already on the second map to be filed. On behalf of the applicant, we now expect that the Board will promptly grant final plat approval subject to the recording of the covenants and restrictions. Sincerely, atricia C. Moore PCM/mr Encl. cc: Nickart Realty Page 3 of 3 DECLARATION AND COVENANT THIS DECLARATION made the day of June 2010, by NICKART REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 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 Nickart Realty", as shown on map entitled "Final Plat for the Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors, Inc., dated February 10, 1998 and last revised on April 1, 2008, and Map of part of Old Cove Bolevard as widened and improvement plan prepared by Peconic Surveyors, Inc., dated October 22, 2009 last revised November 16, 2009, 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. There shall be no direct access, curb cuts or driveways from or to County 01 Road 48 from Lot 1 and Lot 2. b. There shall be no changes to any of the lot lines without Planning Board approval. c. Pursuant to chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on site. d. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. e. The natural vegetated buffers for the property shall be 10' (feet) wide on the western property line running N. 31 degrees, 40 minutes 50 seconds W. for 80.16' (feet) on the eastern property line running S. 31 degrees 40 minutes 50 seconds E. for 80.16' (feet) and on the southern property line running S. 61 degrees 59 minutes 10 seconds W. for 367.71' (feet) and shall be 15' (feet) wide along the full length of the northern property line south of Middle Road (CR 48) running N. 61 degrees 59 minutes 10 seconds E. for 387.76' (feet). f. Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planting Board Native/Natural Buffer Planting Specifications (attached) following Southold Town Planning Board Approval. g. Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of residents and property. h. The natural vegetated buffers described above shall remain in perpetuity. i. Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native / Natural Buffer Planting Specifications. j. There shall be a minimum of four (4) street trees planted along C.R.48 on the northern property line, with two (2) street trees planted on the NE corner of Lot 2 and NW corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following 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. 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. NICKART REALTY CORP. BY: NICK PALEOS State of New York ) ss: County of ) On this day of June 2010 before, the undersigned, personally appeared NICK PALEOS, 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 -ME MO LETTER Is P6 PATRICIA C. MOORE, A RNEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel @optonline.net DATE _ To SUBJECT (_•I1 l JUN (Ulu L c s c c.v, S 1 1Y!& SIGNED ('Please reply [�]No reply necessary PATRICIA C. MOORE, RNEY AT LAW MO LETTER ATTO S 51020 Mein Road Southold,NY 11971 (631)765-4330 email:pcmoorel®optonline.net DATE TO SUBJECT lU �PC aLt NTS K C JUPS Z'YJ N C�La /I C�c= � $ Please reply No reply necessary Page 1 of 1 Sadoo, Tamara �. From: Lanza, Heather Sent: Wednesday, June 09, 2010 9:57 AM To: Andaloro, Jennifer; Sadoo, Tamara Subject: Nickart Jenn and Tamara, Just writing a quick note so we're all on the same page. Tamara is looking up the submissions from the applicant to see what date they came in. The relevant items are those that are part of the conditions of Preliminary Plat Approval. • One very important one is the Final Plat with the notation required in one of the conditions. • What date was the Final Plat submitted with the required notation,and is the notation correct? • Have all the other conditions of Preliminary Plat Approval been met? Tamara will also send Jenn a copy of the resolution as it was passed by the Planning Board on April 12. Jenn will help determine the timing of the Conditional Final Approval resolution.Must it be done this Monday?If so, Frank Isler will help us fine-tune it because Jenn is out Thursday and Friday. Is the July meeting less than or equal to 62 days from the date that the Final Plat meeting all the conditions was submitted?If so, we can wait until July to make sure we get it right. Heather Lanza, AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza@town.southold.ny.us 6/9/2010 • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��Of so�ryo Southold,,Box 1179 11971 MARTIN H.SIDOR ,`O l0 Chair 41 OFFICE LOCATION: WILLIAM J.CREMERS H ae Town Hall Annex KENNETH L.EDWARDS �p� 54375 State Route 25 GEORGE D.SOLOMON �� (cwr.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �CQU�(�l"' Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 7, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Planning Board has reviewed your most recent submissions dated May 14, 2010 for Final Plat approval for the above referenced property. Based upon this review, the following changes remain to be made to both the draft Covenants and Restrictions as well as the Final Plat submitted as required in the conditions of the Conditional Preliminary Plat approval of April 12, 2010: 1. Please revise your submission of the draft Covenants and Restrictions so that the language exactly reflects what was previously outlined in the Resolution granting Conditional Preliminary Approval for the above referenced property on April 13, 2010. Specifically, the language in the Covenants and Restrictions shall state the following exactly: a. The natural vegetated buffers for the property shall be 10' (feet)wide on the western property line running N.31°40'50" W. for 80.16' (feet) on the eastern property line running S.31°E. for 80.16' (feet) and on the southern property line running S.61°59'10" W. for 367.71' (feet), and shall be 15' (feet) wide along the full length of the northern property line south of Middle Road (C.R. 48) running N.61°59'10"E. for 387.76' (feet). b. Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications (attached)following Southold Town Planning Board Approval. c. Maintenance of the natural vegetated buffer shall be limited to planting dead or diseased vegetation to protect the safety, health and welfare of residents and property. d. There shall be a minimum of four(4) street trees planted along C.R. 48 on the southern property line, with two street (2) trees planted on the NE comer of Lot 2 and SE comer of Lot 1 on C.R. 48. Street trees shall be native to Long Island. ✓2. Please revise and submit the Final Subdivision Plats so that they are clearly f✓° (0 marked and entitled " Final Plat for the Subdivision for Nickart Realty Corp...." as required by Southold Town Code §240-25 (A). dp � 31. Pleas ensure that the required street trees are clearly shown upon the Final �o ubdivision Plat. (01 Pie zetensurethat all clearing limits for each of the proposed Lots for the above referenced subdivision are clearly shown upon the Final Subdivision Plat. Once the Southold Town Planning Board has received the above referenced revised items, review and processing of the application may proceed. If you have any questions, please do not hesitate to contact this office. Thank you. Tin Tamara Sadoo Planner 06701/ZO10 12:50 FAX 631, 765 4643 MOORE LAW OFFICES Q 002 ! � . Patricia C. Moore VSM Attorney at Law 51020 Main Road Southold,New York I t971 Tel.(63 1)765-4330 Fax: (63 1)765-4643 June I, 2010 Ms. Jennifer Andaloro, Esq. Asst. Southold Town Attorney Southold Town Hall Southold„NY 11971 Re: Nickart Realty/subdivision approval j J U N — 2 2010 Dear Ms, Andaloro: J In furtherance of our conversations. I wish to address the concern that was raised with respect to the subdivision approval for the above referenced property owner. Ouestion Presented: Does Chapter 87 of the Code of the Town of Southold govern the ` two-lot subdivision of Nickart Realty such that the Southold Town Planning Board can deny the subdivision as it has been presented for final plat approval? Conclusion: The Transfer of Development Rights local law set forth in chapter 87 of the Southold Town Code does not apply to this application and does not provide the Southold Town Planning Board the legal basis to deny the two lot subdivision. Factual Background Nickart Realty Corp purchased the subject parcel January 21, 1982 and was directed to the Southold Town Zoning and Planning Boards for consideration of an application to divide the property into two lots. The Zoning Board of Appeals granted area variances (Appeal No 4480) for the proposed 2 lot subdivision 7/10/97-This established the permitted density of the subject properties as two lots. No court appeal was taken by any individual or municipal body to object to the variances granted. 'O6/01/2O1O 12:50 FAX 631 765 4643 MOORE LAW OFFICES Q003 0 Patricia C. Moore Attorney at Law May 28, 2010 Re: Nickart Realty The application to Planning Board for sketch plan review was filed May 11, 2006 However the Planning Board refused to process the application until Health Department approval was granted Acalth Department Board of Review Hearing: 10/19/2006 granted approval of the 2-lot subdivision; lengthy review of subdivision by Southold Town Planning Board necessitates renewal of Health Department's approval [Re-stamped with Southold Town Planning Board changes in 2008,expired and re-stamped 2010.] Planning Board grants Conditional Sketch approval July 15, 2008 requiring performance of an archeological assessment of the property. Report cost $5,000 and yielded negative results All conditions were satisfied by the applicant as of 2/3/2009 Southold Town Planning Board has granted conditional preliminary plat approval. Legal Analysis The density characteristics of the two proposed lots [dimensional,zoning criteria] were approved by the Southold Town Zoning Board in 1997. No challenge to the relief granted by the zoning board was ever brought and the time in which to do so has long passed. The Southold Town Planning Board issued a negative declaration under SEQRA and has already granted conditional preliminary plat approval, which conditions have already been satisfied. Approval of the sanitary and water supply for realty subdivisions falls within the exclusive jurisdiction of the local county health department in accordance with the NY Public Health I aw §201 and 1115 et seq. In fact, the Southold"Town Planning Board acknowledged the jurisdiction of the Suffolk County Health Department in this instance when it refused to review the proposed subdivision until approval was given by that department. :in 2005 the Southold Town Board enacted a local law entitled "A Local Law in relation to Creation of a Transfer of Development Rights Chapter 87 of the Code of the Town of -2- '06/01/2010 12:51 FAX 631 765 4643 MOORE LAW OFFICES Z 004 Patricia C. Moore Attorney at Law May 28, 2010 Re: ]Vickart Realty Southold" This local law is loosely drawn from enabling legislation found in NY Town Law §261-a. The Town's local law does not profess to actually create a transfer of development rights program at all, and that is clear from the language of the local law which limits the scope of it"to provide for the transfer of sanitary flow credits"Southold Town Code §117-1, and defines a"development right for the purposes of this shall chapter, shall belimited to a sanitary flow credit."Southold Town Code §117-4('B) Most importantly, the Town's local law was designed for the specific purpose of saving sanitary flow credits to be banked by the Town from municipally"preserved land", and more particularly from non-agricultural open space from which the Town had acquired development rights. It is a narrowly crafted law designed to serve a particular category of property rights acquired by the Town under its open space acquisition program. Nothing in the local law declares that a county health department program which permits the transfer of sanitary flow credits between privately owned property is superceded or circumscribed by the Town's own program. The state legislature's enactment of the NY Public Health Law precludes a local municipality from usurping the delegation of authority contained within that law to local county health departments. Again, this is acknowledged by the Planning Board's own refusal to act on this application until the county health department approval was granted. And, the county health department certainly did not consider its review and approval of this subdivision application constrained by Southold's particularized local law addressing sanitary flow credits on town-acquired open space. In fact, according to the transcript of the public hearing held prior to enactment of the town's local law, the Town had reviewed the proposed law with representatives from the health department. [Transcript of Public Hearing held February 15, 2005] Even if it was the intention of the Southold Town Board to attempt to supercede the existing legislative framework set forth in the NYPublic Health Law or the Suffolk County Sanitary Code, such intention was not set forth in the Town's local law. If the"town Board at that time believed it was establishing legislation usurping the authority of the county health department, it failed to declare such as required by the provisions of the NY Municipal Home Rule Law§ 10. -3- '06/01/2010 12:51 FAX 631 765 4643 MOORE LAW OFFICES Q 005 Patricia C. Moore Attorney at Law May 28, 2010 Re: 1Nickart Realty Lastly, the approval granted by the Suffolk County Board of Health SerN ices was granted to the applicant in 2006 and the time in which to challenge that action has long past. Simply stated, chapter 87 of the Southold Town Code is a narrowly crafted law which is limited to those instances when the Town acquires development rights from open space from which it seeks to save sanitary flow credits to be used for affordable housing. The law addresses nothing more than that. Very truly yours, ricia C. Moore PCM/bp c: 1Nickart Realty Southold Town Planning Board -4- 06701(E010 12:50 FAX 631 765 4643 MOORE LAW OFFICES _ 0001 1 • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patncia C.Moore. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediate o we may arrange to retrieve this transmission at no cost to you. 1`0: 1� ���`� Y UMW` �cJ�.,LS� FAX NO: RE: DATE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. comments: �uk- P� _ FL I ��� MO LETTER PATRICIA C. MOORE, APORNEY AT LAW QQ 51020 Main Road Southold,NY 11971 (631)765-4330 email:pomoorel®optonline.net DATE — TO SUBJECT 0. n 1 2010 SIGNED Please reply No replynecessary Lanza, Heather From: Lanza, Heather Sent: Monday, May 17, 2010 12:20 PM To: 'pcmoorel @optonline.net' Cc: Sadoo, Tamara; Terry, Mark; Andaloro, Jennifer; Finnegan, Martin Subject: Nickart Pat, We received your recent faxes and letter regarding this project. 1 wanted to let you know that the Planning Board continues to review the application and,during their review, has come up with some questions that we have sent to our Town Attorney to answer. The Town Attorney's office is researching the answer to the questions and as soon as we hear back,we will proceed with completing our review. Heather Lanza, AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza(iltown.soathold.ny.us 1 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax: (631)765-4643 May 13, 2010 HAND DELIVERED Attn: Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairman Sidor: With reference to the above, enclosed please find 4 Mylars and 5 paper prints of the approved map which has been updated by the Health Department. We previously provided your office proposed C & R's on April 14, 2010 which contain the exact language as requested in the resolution. The only question we have is if we need to recite the description of the merging of the parcels in the C & R's since that language is contained in previously recorded C & R's. A copy of which was provided to your office on April 141h as well. We respectfully request final map approved be granted on June 14, 20101. Thank you. Ve"Iy,y6urs, Patricia C. Moore PCM/bp encls. 05/12/2010 16:50 FAX 631 765 4643 MOORE LAW OFFICES Planning Board Z001 I.(L PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C.Moore. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission i rohibited. if you have received this transmission in error, please notify us by telephone immedi)atel o we may arrange to retrieve this transmission at no cost to you. T I(�/YYn1 `�il��G`—((-__- FAX NO: RE: IJ V OC ax-' v DATE: 5_ I(;L _ l Q) TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. Comments: -A r 05/12/2010 16:50 FAX 631 765 MOORE LAW OFFICES Planning Board 0002 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)7654330 Fax:(631)765-4643 April 13, 2010 HAND (DELIVERED Southold Town Planning Board / Main RoadLc i: , PO Box 1179 Southold NY 11971 APR 14 �q RE: NICKART REALTY SUBDIVISION - - — S.n r;;iJ T,wn PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Sidor: With reference to the above, item #1 of the resolution in which you required a notation on the Final Plat that "Sterilization of the sending parcel (SCTM#1000-113-7- 19.11 merged with SCTM#1000-113-7-13) as required by the Suffolk County Department of Health Services as a condition of receiving a variance to develop SCTM#1000-52-2-13" was required by the Health Department in a C&R. Prior to final Health Department approval, the Health Department required Covenants and Restrictions to be recorded and filed against all the three affected parcels (SCTM#1000-113-7-19.11, SCTM#1000-113-7-13 and SCTM#1000-52-2-13). The recorded Covenants and restrictions which I have enclosed herein for your file are noted om the subdivision map as "subject to Covenants & Restrictions liber 12544 page 128". The recording information on the filed map and the Covenants & Restrictions provides a detailed description of the merging of the sending parcel (Pisacano) to the adjacent: (Neudeck) parcel, as well as the use of the density rights for the receiving parcel (Nickart). The C&R's specifically noted on the filed map satisfied your requested language. Please confirm that condition #1 has been satisfied. Very truly yours, Pat lfcia C. Moore PCM/bp encls 05/12/2010 16:50 FAX 631 765 4643 MOORE LAW OFFICES Planning Board IA003 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 April 14, 2010 VIA EMAIL Attn: Tamara Sadoo Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Tamara: With reference to the above, enclosed please find proposed C & R's for the Board's review. Please review at your earliest convenience and advise if acceptable to the Board and I will arrange for the execution and recording of same. Thank you. Very u yo Is, P Incia C. Moore b Betsy Perkins LA by encls. 05/12/2010 16:50 FAX 631 765 4 MOORE LAW OFFICES Planning Board Q 004 DECLARATION AND COVENANT THIS DECLARATION made the day of April, 2010, by NICKART REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 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 Nickart Realty", as shown on map entitled "Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors, Inc,, dated February 10, 1998 and last revised on April 1, 2008, and Map of part of Old Cove Bolevard as widened and improvement plan prepared by Peconic Surveyors, Inc., dated October 22, 2009 last revised November 16, 2009, 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: 05/12/2010 16:50 FAX 631 765 464 MOORE LAW OFFICES :lanning Board raj O05 a. There shall be no direct access, curb cuts or driveways from or to County Road 48 from the parcels. b. There shall be no changes to any of the lot lines without Planning Board approval. a. Pursuant to chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on site. d. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. Ey latural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planting List of appropriate plants and trees for Southold Town which are native and drought tolerant. QThe natural vegetated buffers for the property shall be 10' (feet) wide on the western, eastern and southerly property lines, and shall be 15'(feet) wide along the northern property line south of Middle Road (CR 48). g. The natural vegetated buffers described above shall remain in perpetuity. QMaintenance of the natural vegetated buffer shall be limited to pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of subdivision residents and property. i Landscaping will be required to remain over the septic system with plants from the approved Town of Southold Planting List. JThere shall be a minimum of four (4) street trees planted along C.R.48 on the nortttorfi property line, with two (2) street trees planted on the NE and NIN corners of each lot along C.R. 48. The required street trees shall be selected from the approved Town of Southold Planting List of appropriate plants and trees for Southold Town which are native and drought tolerant and shall meet the minimum required survival rate in the above -referenced list. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 05/12/2010 16:51 FAX 631 765 4643 MOORE LAW OFFICES Planning Board Q 006 • • This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following 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 Southod 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. made subject to the provisions of all laws required b The within Declaration is a q Y I 1 p law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. The within Declaration shall run with the land and shall be binding upon the 05/12/2010 16:51 FAX 631 765 4643 MOORE LAW OFFICES a Planning Board R 007 • 0 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. PH WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. NICKART REALTY CORP. BY: NICK PALEOS State of New York ) ss: County of ) On this day of April, 2010 before, the undersigned, personally appeared NICK PALEOS, 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 Sadoo Tamara From: Patricia C. Moore[pcmoorel @optonline.net] Sent: Friday, April 23, 2010 3:33 PM To: Sadoo, Tamara Cc: Betsy Perkins Subject: Nickart I would like to complete the C&R's - my goal is to get final map approval by next Planning Board meeting in May. I sent a separate letter asking Mr. Sidor if I needed to have the language in the resolution regarding the sanitary TDR printed on the map because a thorough & long Health Dept. C&R is recorded and the* liber & page* is *on the map* . I like the description in the Health Dept. C&R which identifies every property involved in this transaction and the TRD process. Let me know- the maps have been hand delivered to the Health Dept for re-stamping because it took so long to get to this point we had to pay to extend the HD approval. No problem just more money out of pocket. Please email me back- Betsey is out till Tuesday. Thank you. Pat 1 M Southold TowAnning Board Work Session- Page T&-4/5/10 -_ - --- ---- -- - -- -- - - - Project name: Nickart Realty 2006 - _ SCTM#F1000-52-2-13 1 Location: The property is located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold. Description. This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District_- - -- [..,Status: Conditional Sketch Approval Action ' Grant Conditional Preliminary Approval Attachments: j Draft Resolution t,.- �, I _--_--------------------------__-_.-.-.-.__--------------- 1_-.-..-_-.__-.____-__._.-.-_-_.-..-_._____-_-._.-' Project name: Southview Preserve SCTM#: 1000-87-5-21.4, 7, 8, 9 &10 ! _.....-.._--.------ --------------------...--------------- - -- -- -- --- — - ------ ---- Location: f The property is located on the south side of Main Bayview Road, 1 approximately 900' east of Cedar Drive, in Southold. Description: This proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be reserved as omen space. Status: i Conditional PreliminwyApproval _ - - - -- -- ---- --- --- Action: i Grant Conditional Final Approval Attachments: 1 Draft Resolution _..----- -----' ---- - - - --_------- --._. --- -- - ---- _. .......... - -- -- --- Project name j George Penny IV SCTM_#_[1000=59-3-17.3 Location: The property is located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR -- - -----i 48, Southold_ - --------------- -------------------------------- - -------a Description: This proposal is to amend the approved map for the Major Subdivision of Papadopoulos & Maragos by removing 25' of a 50' right-of-way which was "reserved for possible dedication to the Town" and which has never been dedicated. Status: --- - ----...--------- ------------ } Action: _ Grant Approval to amend the approved and filed subdivision map_ Attachments_ LDraft Resolution ; � � P is PATRICIA C. MOORE r^T Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 April 13, 2010 HAND DELIVERED Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 IT U b „r AM 1 RE: NICKART REALTY SUBDIVISION 4 PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Sidor: With reference to the above, item #1 of the resolution in which you required a notation on the Final Plat that "Sterilization of the sending parcel (SCTM#1000-113-7- 19.11 merged with SCTM#1000-113-7-13) as required by the Suffolk County Department of Health Services as a condition of receiving a variance to develop SCTM#1000-52-2-13" was required by the Health Department in a C&R. Prior to final Health Department approval, the Health Department required Covenants and Restrictions to be recorded and filed against all the three affected parcels (SCTM#1000-113-7-19.11, SCTM#1000-113-7-13 and SCTM#1000-52-2-13). The recorded Covenants and restrictions which I have enclosed herein for your file are noted on the subdivision map as "subject to Covenants & Restrictions liber 12544 page 128". The recording information on the filed map and the Covenants & Restrictions provides a detailed description of the merging of the sending parcel (Pisacano) to the adjacent (Neudeck) parcel, as well as the use of the density rights for the receiving parcel (Nickart). The C&R's specifically noted on the filed map satisfied your requested language. Please confirm that condition #1 has been satisfied. VeFyt�ulyyou , Patri ' Moore PCM/bp encls SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 03/17/2008 Number of Pages : 13 At: 10 :25 : 15 AM Receipt Number : 08-0023914 LIBER: D00012544 PAGE : 128 District: Section: Block: Lot: 1000 052 . 00 02 . 00 013 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $39. 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 $8 . 45 NO RPT $70 . 00 NO Fees Paid $142 . 45 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 1 2 2008 Mar 17 10:25:i5 W9 Number of pages J :udith A. P _cafe TORRENS CLEF.K OF _,LIFFULI! COUff Serial # L D00012544 P 1'2° Certificate# Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 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 _ 0�R7�Q8 R.P.T.S.A. Held for Appointment > Transfer Tax Comm. of Ed. 5. 00 Mansion Tax 9 y Affidavit The property covered by this motgage is or will be improved by a one or two Certified Copy family dwelling only. YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on Other Grand Total Jq4. 1 page# of this instrument. 4 District1000 1000 05200 0200 013000 5 Community Preservation Fund Real 1000 11300 0700 019011 Property P T S 100o 11300 0700 013000 Consideration Amount $0 Tax Service P y R CWH A CPF Tax Due $0 �7_MAR-0 Agency Improved Verification Vacant Land 6 1 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 F Title Company Information Co. Name PECONIC ABSTRACT Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS & RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) 1NICKART REALTY CORP., MICHAEL The premisis herein is situated in PISACANO, & OTHERS SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD SUFFOLK COUNTY DEPARTMENT OF In the VILLAGE HEALTH SERVICES or HAMLET of CUTCHOGUE BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by NICKART REALTY CORP. , this 7" day of November, 2007 a domestic corporation with offices located at 775 Brooklyn Ave . , Baldwin, New York, as the owner of premises described in Schedule "A" annexed hereto AND MICHAEL PISACANO, residing at 1040 Nakomis Road, Southold, New York, as the owner of premises described in Schedule "B" annexed hereto AND MICHAEL NEUDECK, residing at 1975 Cox Neck Rd. , Mattituck, NY, and ROBERT NEUDECK, residing at 5635 Westphalia Ave . , Mattituck, NY 11952 , as owners of premises described in Schedule "C" , annexed hereto, all parties name above hereinafter collectively referred to as the DECLARANT, desires to restrict the use and enjoyment of said PREMISES described above as Schedule A, Schedule B and Schedule C and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development on the PREMISES; and 2 . THE DECLARANT appeared before the board of Review requesting a variance from Article 6, Section 760-605, paragraph A. 3 and B. 1of the Suffolk County Sanitary code, requiring parcels served by public water and individual sewage systems in Groundwater Management Zone 4 to have a minimum lot area of 20, 000 square feet or equivalent yield and the Board of Review of the County of Suffolk Department of health Services granted a variance by letter dated October 30, 2006, attached hereto and made a part hereof, provided a covenant be filed, the DECLARANT, its successors, heirs, or assigns, agrees as follows : a. ) the parcel known as SCTM # 1000-113-7-19 . 11 (sending parcel) , described in Schedule B, and the parcel known as SCTM # 1000-113-7-13 described in Schedule C, shall by title, be forever deeded together to form one common parcel and shall never be deeded or conveyed independently of each other and there shall be no subdivision of said common parcel . The merged parcel may be improved with one single family residence only with any legal accessory structures . b. ) the density rights of SCTM# 1000-113-7-19 . 11 (sending parcel) shall be transferred to the parcels described in Schedule A, known as SCTM # 1000-52-2-13 (receiving parcel) for purpose of meeting density requirments pursuant to Article 6 of Suffolk County Sanitary code . The receiving parcel may be improved with a maximum 4-bedroom single-family dwelling only with any legal accessory structures . 3 . The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions . 4 . All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5 . This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6 . The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of any agencies or departments of the County of Suffolk, the DEPARTMENT or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof . 7 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8 . If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional . 9 . Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980 . NICKART REALTY CORP. Robert Neudeck BY: NICK PALEOS, P S-- MiclNeud� MICRAEL PISACANO ACKNOWLEDGMENT STATE OF NEW YORK ) : ss . : COUNTY OF / ✓) On the c,�day of /— in the year 2007 before me, the undersigned, personally ap ared NICK PALEOS personally known to me or proved to me on the b sis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument . jar Public ELIZABETH PITTELLI Notary Public State of New ft Qualified in Nassau5C9ounty Commission Expires January 27,bid STATE OF NEW YORK COUNTY OF SUFFOLK On the /1 C day of October, 2007, before me, the undersigned, personally appeared MICHAEL PISACANO personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. otary publ ' / 9M A PERUNS VftVPWk,e4w d Nw VA Ne01PEe/3DOX Ca�N a&ft*+C�� COUNTY CLERK'S OFFICE SS.: 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 on lad+O ith the original .....'e c tn^ CORDED in my • under LIBER Q 000.�a 5�-(y,.,......PAGE .....and, that the same is a true copy thereof, and of the whole of such original. I have hereunto set my hand an In Testimony Whereof, d affixed 0 e0se&a1 of said County and Court on this ..���•••day of..M�� CLERK.. ACKNOWLEDGMENT STATE OF NEW YORK ) COUNTY OF -SU rl-ULIC, ) : ss . On the --� day of MA) in the year 2007 before me, the undersigned, personally appeared MICHAEL NEUDECK personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument . l� Notary Tic BETSY A.PERIONS Notry Public.Stets of New Yell No.O1PE 6130WO amlilled In Suffolk CWM c� Oomnt"on E.Plrm July t0. ACKNOWLEDGMENT STATE OF NEW YORK ) : ss . : COUNTY OF :k On the day of in the year 2007 before me, the undersigned, personally appeared ROBERT NEUDECK personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument . /Notary(( ' lic l BETSY A.PERKINS Notwy Public.State of New YPrM No.01 PE B(Olk Co �� orori d In Sulfolk Courtly Canmission Eaniies July 18. • COUNTY OF SUFFOLK • STEvE LEvY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAV D G. GRAHAM, M.D., M.P.H. ACING COMMISSIONER October 30, 2006 Nickart Realty Corp. 775 Brooklyn Avenue Baldwin, NY 11510 Attn: Mr. Nick Paleos Subject: Board of Review Hearing— October 19, 2006 S10-98-0003 — Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold-SCTM: 1000 05200 0200 013000 Dear Mr. Paleos: Enclosed is a copy of the findings; recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Board granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. Ve truly yours, tephe A. Costa,P.E., Chief Engineer Chai an, Board of Review Enclosure C: Board of Review File— Yaphank Ms. Patricia Moore, Esq. Mr. Douglas Feldman, P.E. -Reviewer Mr. Michael Pisacano Mr. Andrew Freleng—Planning Department Mr. Irving&Ms. Virginia Feder Ms. Lauretta Fischer- Planning Department Ms. Gloria Praetz Ms. Eileen Cantone— OWM Philippides Living Trust Ms. Valerie Scopaz—Town of Southold ♦DIVISION or ENVIRONMENTAL QUAUI ♦ $0 RO OF RMLW 300 YAPMANK AVENUE, SUIT[2B ♦YARNANK NY 1 1 9B0♦ PHONE(831)852.5801 FA (531)852-5825 SUFFA COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE To: David G. Graham, M.D., M.P.H., Acting Commissioner From: Stephen A. Costa,P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 --Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 Hearing Date: October 19, 2006 Statement of Problem Parcels served by public water and individual sewage systems in Groundwater Management Zone 4 must have a minimum lot area of 20,000 square feet, or equivalent yield, in accordance with Article 6, §760-605, paragraphs A.3 and B.1 of the Suffolk County Sanitary Code. The applicant is proposing lot sizes less than 20,000 square feet. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 4. 2. The parcel is depicted as one lot on the 1981 tax map. 3. The parcel size is 34,876 square feet (sf). It is proposed to subdivide the parcel into two lots at 17,438 sf each. Average lot size is 17,438 sf. 4. The average lot size is 87% of the required lot size. The yield at density would be one residential lot. 5. Town zoning is R-40 residence (40,000 sf). A SEQRA determination is pending from the Town of Southold, but the action has been classified as an unlisted action. The applicant has received town ZBA approval for the proposed land division. 6. Each parcel will be served with a conventional on-site sewage disposal system that consists of a 900 gallon septic tank and (5) eight-foot (D x 3 feet deep leaching pools arranged in a cluster configuration. Concrete retaining walls and fill will be utilized around the disposal system to maintain a minimum distance of 3 feet from the leaching pool bottoms to groundwater. The site plans indicate the exposed portion of the retaining walls will vary between V, foot and three feet in height. The plans also show that all poor soils below the leaching pools will be removed and filled with clean sand and gravel. 7. Depth to groundwater is approximately 4.5 feet below existing grade. David G. Graham, NOD., M.P.H., Acting Commissioner • Hearing Date: October 19, 2006 Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 --Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 8. Soils are acceptable with sand at 9 feet below existing grade. However, difficulties may be encountered since poor soils must be removed below groundwater. The future sewage disposal systems will also require retaining walls with a 1.5 to 2.5-foot exposure. 9. The proposed lots will be connected to the public water supply serviced by Suffolk County Water Authority. 10. The property is situated in a narrow area between the Long Island Sound to the north and existing dwellings and a pond to the south. The surrounding properties were subdivided in the 1950's. 11. The parcel appears on a filed map titled "Old Colony at Arshamomaque." The parcel is noted on that map as a future motel site. 12. The parcel was the subject of a Board of Review hearing in 2002. In a determination, dated July 1, 2002, the Board denied the applicant's request for a variance to subdivide this parcel into (2) building lots. 13. The applicant is proposing a transfer of development rights (TDR) from SCTM: 1000 11300 0700 019011, a 1.68 acre parcel also located in groundwater management 4. 14. An application was previously submitted to the department to develop the proposed sending parcel with a single family dwelling. However,because the parcel was part of a subdivision that did not receive the benefit of Health Department approval, a variance was required. A previous Board issued a variance on March 28, 2003 allowing construction of a single-family dwelling. However, an approval to construct was never issued by the department because the applicants had not submitted an approval from the town regarding zoning, grading and drainage. The applicant is proposing to transfer the sending parcel to Michael Neudeck, an adjacent land owner. The proposed sending parcel is to be merged with the Neudeck parcel identified as SCTM: 1000 11300 0700 013000. 15. The proposed recipient has agreed to merge the proposed sending parcel with his parcel that is improved with a single-family dwelling. Determination It was a 3 to 0 determination of the Board to grant the request for the variance, provided the following conditions are met: • The sending parcel identified as SCTM: 1000 11300 0700 019011 shall be merged with the adjacent parcel identified as SCTM 1000 11300 0700 013000. David G. Grahan0f.D., M.P.H., Acting Commissioner Hearing Date: October 19, 2006 Subject:, Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp., s/s North Road(CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 • Covenants and/or deeds shall be prepared and filed, in language acceptable to the County Attorney, that: o Accomplish the transfer of density from the sending parcel above to subject receiving parcel. o Establish that the population density equivalent from the sending parcel is being transferred from the sending parcel and the sending parcel shall be merged with no further subdivision. o Establish that the merged sending parcel shall be improved with one single-family dwelling only(with any legal accessory structures). o Establish that the subject lots shall each be improved with a maximum 4- bedroom single-family dwelling only (with any legal accessory structures). • The applicant for construction of the single-family dwellings shall retain a licensed professional engineer to supervise, and certify the completion of the installation of the sanitary system and construction of the retaining wall. • Expansion leaching pools shall be installed at the same time as the required leaching pools. • The applicant shall be responsible to obtain a dewatering permit from the agency having jurisdiction, and comply with its terms if dewatering is necessary to remove poor soils in groundwater below the disposal system. Approval of this application will not affect the overall groundwater resource since equivalent parcels will be sterilized, which will compensate for the shortage in density. As per §760-609 of the Suffolk County Sanitary Code, the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. In compliance with §760-609(1)(a), the proposed variance is in general conformity with the Sanitary Code. The variance should not impair groundwater, surface water and drinking water supplies, and, as such, is consistent with criteria specified in §760-609(1)(b). October 30, 2006 St en A. Costa, P.E. Chairman—Board of Review TATI.f,y ,Mpil� a o00 3807 �Cttm:l DUgU —2-13�ESCf IPTION sc 0 —5 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point formed by the intersection of the southerly line of Middle Road (North Road Co. 48, fmly Co. Rd. 27) and the easterly side of a 20 foot private road known as Beverly Road, said point also being distant 880 feet westerly when measured along the southerly side of Middle Road, from the westerly side of Bayberry Lane, said point being the northeasterly corner of the premises herein described; RUNNING THENCE South 61 degrees 59 minutes 10 seconds West along the southerly line of Middle Road, 387.76 feet to a point; THENCE South 31 degrees 40 minutes 50 seconds East, 90.18 feet to a point in the center line of a 20 foot private road known as Old Cove Blvd.; THENCE North 61 degrees 59 minutes 10 seconds East, along the center line of Old Cove Boulevard and parallel with the southerly line of Middle Road, 387.76 feet through said private road known as Beverly Road to a point on the easterly side thereof; THENCE North 31 degrees 40 minutes 50 seconds West along the easterly side of Beverly Road 90.18 feet, to Middle Road at the point or place of BEGINNING. TITLE NUMBER: PAC-3806 HD REF # 510-98-0003 SCHEDULE"B"' DESCRIPTION (sctm: 1000-113-7-19. 11) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Cox Neck Road distant 1583 feet, more or less, southerly from the corner formed by the intersection of the southerly side of Bergen Avenue with the westerly side of Cox Neck Road and the northerly side of the 50 foot Right of Way; THENCE along the northerly side of the 50 foot Right of Way along the division line of the southerly side of land now or formerly of Wanat, South 74 degrees 33 minutes 40 seconds West, 258.16 feet; THENCE North 00 degrees 59 minutes 40 seconds West, 264,41 feet; THENCE North 89 degrees 00 minutes 20 seconds East, 125.00 feet; THENCE North 00 degrees 59 minutes 40 seconds West, 300.00 feet; THENCE South 89 degrees 00 minutes 20 seconds West, 125.00 feet; THENCE South 00 degrees 59 minutes 40 seconds East, 164.95 feet; THENCE South 74 degrees 33 minutes 40 seconds West, 51.63 feet to the westerly side of the 50 foot Right of Way and land now or formerly of Milowski; THENCE along said land, South 00 degrees 59 minutes 40 seconds East, 451.09 feet to the southerly side of the 50 foot Right of Way; THENCE along the southerly side of the 50 foot Right of Way, North 74 degrees 33 minutes 40 seconds East, 312.16 fee to the westerly side of Cox Neck Road; THENCE along the westerly side of Cox Neck Road the following two (2) courses and distances: Continued..... Page 2 TITLE NUPBER: PACE-3�806 HD ref 6 S10-98-0 0 1) North 14 degrees 24 minutes 50 seconds West, 9.92 feet; 2) North 00 degrees 59 minutes 40 seconds West, 41.39 feet to the northerly side of the 50 foot Right of Way and the point or place of BEGINNING. Rights of others, in, through and over said Right of Way as recited in Liber 9601 page 524. TITLE NUMBER: PAC-3848 HD REF # S10-98-0003 �SCtm: -113- -S,5 IPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe on the southerly line of a 50 foot private road, said point of beginning being South 89 degrees 00 minutes 20 seconds West 125.0 feet along said southerly line from a point on the westerly line of Cox Neck Road which is 153.61 feet southerly,along said westerly line from the northeasterly corner of land of the parties of the first part and the southeasterly corner of land of Lindsay; RUNNING THENCE from said point of beginning along land conveyed or about to be conveyed by the parties of the first part to the parties of the second part, South 0 degrees 59 minutes 40 seconds East, 100.0 feet to an iron pipe; THENCE along land of the parties of the first part, two (2) courses, as follows: 1) South 89 degrees 00 minutes 20 seconds West, 125.0 feet to an iron pipe; THENCE 2) North 0 degrees 59 minutes 40 seconds West, 100.0 feet to an iron pipe on said southerly line of said 50 foot proposed highway; THENCE along said southerly line of said 50 foot proposed highway, North 89 degrees 00 minutes 20 seconds East, 125.0 feet to the point of BEGINNING. � ;DEMO LETTER PATRICIA C. MOORE, ATTORNEY AT LAW 1 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel @optonline.net DATE J _ I To ��AA SUBJECT ! !/ v� ,n G MAR 17 2010 0E t � LtSt. JJ . SIGNED Please reply No reply necessary f r COUNTY OF SUFFOLK • STEVE LEVY SUFFOLK COUNTY E%ECUTrn - DEPARTMENT OF HEALTH SERVICES DAAD G. GRAHAM, M.D., M.P.H. AORHO COMM1881OHF8 October 30, 2006 Nickart Realty Corp. 775 Brooklyn Avenue Baldwin, NY 11510 Attn: Mr. Nick Paleos Subject: Board of Review Hearing— October 19, 2006 S10-98-0003 — Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold-SCTM: 1000 05200 0200 013000 Dear Mr. Paleos; Enclosed is a copy of the findings;' recommendations and determination of the Board of Review concerning the subject application, Based on the information submitted, the Board granted the request for variance/waiver with the Provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete;otherwise, your approval will be subject to unnecessary delay. Ve truly yours, tephe A.Costa, P.E., Chief Engineer Chai an, Board of Review Enclosure C: Board of Review File—Yaphank Ms. Patricia Moore, Esq. Mr. Douglas Feldman, P.E. -Reviewer Mr. Michael Pisacano I& Andrew Freleng—Planning Department Mr. Irving&Ms. Virginia Feder Ms. Lauretta Fischer—Planning Department Ms. Gloria Praetz Ms. Eileen Cantone—OWM Philippides Living Trust Ms. Valerie Scopaz--Town of Southold I #01n 10W Or EHVIPOHMEN�L ODc 5o RD OP Rrne 300 YAPNYNN AVENUE.SuH 28 Yi K NY I 1 980♦ PHONE(031)852-5801 F. (83 1)852.5825 SUFFOLK�TY DEPARTMENT OF HEALTH*VICES D N OF EWlRoNMENTAL QUALIT BOARD OF REVIEW ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE To: David G. Graham, M.D., M.P.H., Acting Commissioner From: Stephen A. Costa,P.E., Chairman,Board of Review. Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 --Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 Hearing Date: October 19, 2006 Statement of Problem Parcels served by public water and .individual sewage systems in Groundwater Management Zone 4 must have a minimum lot area of 20,000 square feet, or equivalent yield, in accordance with Article 6, §760-605, paragraphs A.3 and B.1 of the Suffolk County Sanitary Code. The applicant is proposing lot sizes.less than 20,000 square feet. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 4. 2. The parcel is depicted as one lot on the 1981 tax map. 3. The parcel size is 34,876 square feet (sf). It is proposed to subdivide the parcel into two lots at 17,438 sf each. Average lot size is 17,438 sf. i 4. = The.average lot size is 87% of the required lot size. The yield at density would be one residential lot. 5. Town zoning is R-40 residence.(40,000 sf) A SEQRA determination is pending from the Town of Southold, but the action has been classified as an unlisted action. The applicant has received town ZBA approval for the proposed land division. 6. Each parcel will be served with a conventional on-site sewage disposal system that consists of a 900 gallon septic tank and (5) eight-foot (P x 3 feet deep leaching pools arranged in a cluster configuration. Concrete retaining walls and fill will be utilized around the disposal system to maintain a minimum distance of 3 feet from the leaching pool bottoms to groundwater. The site plans indicate the exposed portion of the retaining walls will vary between %2 foot and three feet in height. The plans also show that all poor soils below the leaching pools will be removed and filled with clean sand and gravel 7. Depth to groundwater is approximately 4.5 feet below existing grade. David G. Graham, M.P.H., Acting Commissioner Hearing Date: Oct0NF 19, 2006 Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 8. Soils are acceptable with sand at 9 feet below existing grade. However, difficulties may be encountered since poor soils must be removed below groundwater. The future sewage disposal systems will also require retaining walls with a 1.5 to 2.5-foot exposure. 9. The proposed lots will be connected to the public water supply serviced by Suffolk County Water Authority. 10. The property is situated in a narrow area between the Long Island Sound to the north and existing dwellings and a pond to the south. The surrounding properties were subdivided in the 1950's. 11. The parcel appears on a filed map titled "Old Colony at Arshamomaque." The parcel is noted on that map as a future motel site. 12. The parcel was the subject of a Board of Review hearing in 2002. In a determination,dated July 1, 2002, the Board denied the applicant's request for a variance to subdivide this parcel into (2) building lots. 13. The applicant is proposing a transfer of development rights (TDR) from SCTM: 1000 11300 0700 019011, a L68 acre parcel also located in groundwater management 4. 14. An application'was previously submitted to the department to develop the proposed sending parcel with a single family dwelling. However,because the parcel was part of a subdivision that did not receive the benefit of Health Department approval, a variance was required. A previous Board issued a variance on March 28, 2003 allowing . construction. of a single-family dwelling. However, an .approval to construct was never issued by the department because the applicants had not submitted an approval from the town regarding zoning, grading and drainage The applicant is proposing to transfer the sending parcel to Michael Neudeck, an adjacent land owner. The proposed sending parcel is to be merged with the Neudeck parcel identified as SCTM: 1000 11300 0700 013000. 15. The proposed recipient has agreed to merge the proposed sending parcel with his parcel that is improved with a single-family dwelling. Determination It was a 3 to 0 determination of the Board to grant the request for the variance, provided the followingconditions are met: • The sending parcel identified as SCTM: 1000 11300 0700 019011 shall be merged with the adjacent parcel identified as SCTM 1000 11300 0700 013000. T David G: Graham, M.D. P.H., Acting Commissioner Hearing Date: October 11W006 Subject: Findings and Recommendations of the Review Board Regarding: S10-98-0003 —Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 •: Covenants and/or deeds shall be prepared and filed, in language acceptable to the County Attorney, that: o Accomplish the transfer of density from the sending parcel. above to subject receiving parcel. o Establish that the population density equivalent from the sending parcel is being transferred from the sending parcel and the sending parcel shall be merged with no further subdivision. o : Establish that the merged sending parcel shall be improved with one single-family dwelling only(with any legal accessory structures). o Establish that the subject lots shall each be improved with a maximum 4- bedroom single-family dwelling only (with any legal accessory structures). • The applicant for construction of the single-family dwellings shall retain a licensed professional engineer to supervise, and certify the completion of the installation of the sanitary system and construction of the retaining wall. • Expansion leaching pools shall.be installed at the same time 'as the required leaching pools. q • The applicant shall be responsible to obtain a dewaterin g permit from the agency 'having jurisdiction, and comply with its terms if dewatering is necessary to remove poor soils in groundwater below the disposal system. Approval of this°application will not affect the overall groundwater resource since equivalent parcels will be sterilized, which will compensate for the shortage in density. As per §760-609 of the Suffolk County Sanitary Code, the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. In compliance with §760-609(l)(a), the proposed variance is in general conformity with the Sanitary Code. The variance should not impair groundwater, surface water and drinking water supplies, and, as such, is consistent with criteria specified in §760-609(1)(b). AD October 30, 2006 *StenA. Costa,P.E. Chairman—Board of Review. • • • . MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 MARTIN H.SIDOR o��pf SOpjhol Southold, NY 11971 Chair h OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JOSEPH L.TOWNSEND '�`O (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI liyCOU,M'� Southold, NY '111 Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 13, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Conditional Preliminary Approval: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, April 12, 2010, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide a .8011 acre parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on May 11, 2006; and WHEREAS, on July 10, 1997, the Zoning Board of Appeals granted an area variance (No. 4480) for the proposed action with the following condition: 1. "There shall be no direct access, curb cuts or driveways from or to County Road 48 from the parcels"; and WHEREAS, on November 13, 2006, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on May 8, 2008 an application for Preliminary Approval was submitted; and Nickart Realty Page Two April 13, 2010 WHEREAS, on July 14, 2008, the Southold Town Planning Board granted Conditional Sketch Approval upon the map entitled "Subdivision For Nickart Realty', dated February 10, 1998 and last revised April 1, 2008, prepared by Peconic Surveyors, P.C.; and WHEREAS, on August 12, 2008, the applicant submitted a Park and Playground Fee in the amount of$7,000.00 as required by Southold Town Code §240-53 (G); and WHEREAS, on September 19, 2008, the applicant submitted a copy of the Tidal Wetland Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation, dated April 6, 1998; and WHEREAS, on January 23, 2009, the applicant submitted the final report for the Phase I Archeological Review, prepared by Tracker Archeology Services, Inc.; and WHEREAS, on February 13, 2009, referrals for the above-referenced application were sent to the following for comment: 1) Southold Town Engineer 2) LWRP Coordinator 3) Southold Town Board of Trustees 4) Suffolk County Planning Commission 5) Southold Town Chief Building Inspector 6) Southold Fire District; and WHEREAS, on February 27, 2009, the Southold Fire District responded stating that there was adequate fire protection for this proposed standard subdivision; and WHEREAS, on March 12, 2009, the Suffolk County Department of Health Services approved the above-referenced proposed standard subdivision; and WHEREAS, on March 23, 2009, the Southold Town Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the proposed action and provided comments and recommended that the proposed action was consistent with the Southold Town LWRP policies; and WHEREAS, on March 30, 2009, the Southold Town Planning Board and Planning Staff conducted a site-visit to the above-referenced proposed standard subdivision; and WHEREAS, on April 10, 2009, the Southold Town Engineer provided comments on the above-referenced proposed standard subdivision; and WHEREAS, on April 16, 2009, the Southold Town Board of Trustees provided comments to the Southold Town Planning Board for the above-referenced proposed standard subdivision stating that "...due to the proximity to the Long Island Sound, the area is subject to potential storm damage and should therefore not be subdivided" and further disagreed with the New York State Department of Environmental Conservation's determination on non-jurisdiction; and Nickart Realty Page Three April 13, 2010 WHEREAS, on May 18, 2009, the Suffolk County Planning Commission provided comments stating that the above-referenced proposed subdivision was a matter of local jurisdiction with the following comments: "The proposed Subdivision creates substandard lots and appears to be an over intensification of use based on the requirements of the Town of Southold R-40 Zoning District; and Clearing and grading within each lot should be limited to that necessary for siting and constructing a house and typical accessory structures with the intent of preserving as much of the natural vegetation on the site as possible, and to minimize stormwater run-off and erosion."; and WHEREAS, on May 29, 2009, the applicant submitted a revised subdivision map showing the staking locations for the building envelopes as requested by the Southold Town Planning Board pursuant to their March 30, 2009 site visit; and WHEREAS, on June 23 and September 22, 2009, a letter was sent to the applicant by the Southold Town Planning Board requesting revisions to the subdivision map to clearly show the following: 1) clearing limits 2) building envelopes 3) setbacks 4) driveways 5) expansion of right-of-way on Old Cove Boulevard to 25' wide 6) proposed French drain, grading, retaining walls and septic system as required by Southold Town Engineer for drainage plans 7) 15 and 10 foot natural vegetated buffer along north, east and southerly property lines 8) minimum of 4 street trees on each lot along CR 48; and WHEREAS, on November 19, 2009, the applicant submitted subdivision plans and drainage plans reflecting the previously Southold Town Planning Board requested revisions; and WHEREAS, on January 25, 2010, the Southold Town Planning Board reviewed and accepted the revised Preliminary Plans; and WHEREAS, on February 1, 2010, the Southold Town LWRP Coordinator provided recommendations of plant and tree species to the Southold Town Planning Board for landscaping and vegetated buffers to be planted on the above-referenced proposed standard subdivision; and WHEREAS, on February 1, 2010, the Southold Town Planning Board reviewed and accepted the LWRP Coordinator's recommendations; and WHEREAS, on February 9, 2010, the revised Preliminary Plans were reviewed by the Southold Town Engineer; and Nickart Realty Page Four April 13, 2010 WHEREAS, on February 16, 2010, the Southold Town Planning reviewed and accepted all of the above-referenced comments; and WHEREAS, on March 8, 2010, a preliminary public hearing for this proposed standard subdivision was held and closed; 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 determined that the action is consistent; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Approval on the subdivision plan prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009, subject to the following conditions: 1. Submission of the application and Kee fo final Plat proval with a notation on the map indicating the following: a. Sterilization of the sending parcel (SCTM#1000-113-7-19.11 merged �}V with SCTM#1000-113-7-13) as required by the Suffolk County r Department of Health Services as a condition of receiving a variance to develop SCTM#1000-52-2-13. 2. Submission of Draft Covenants and Restrictions containing the following clauses: !There shall be no direct access, curb cuts or driveways from or to County Road 48 from the Lot 1 and Lot 2. ✓there shall be no changes to any of the lot lines without Planning Board approval. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on-site. cj/ There shall be no further subdivision of any of the lots on the approved U/ subdivision map, in perpetuity. The natural vegetated buffers for the property shall be 10' (feet) wide on the western property line running N.31040'50" W. for 80.16' (feet) on the k p� eastern property line running S.310E. for 80.16' (feet) and on the t� southern property line running S.61°59'10"W. for 367.71' (feet), and shall be 15' (feet) wide along the full length of the northern property line south of Middle Road (C.R. 48) running N.61°59'10"E. for 387.76' (feet). Nickart Realty Page Five April 13, 2010 Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications (attached) following Southold Town Planning Board Approval. Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of residents and property. The natural vegetated buffers described above shall remain in perpetuity. i. dscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications. There shall be a minimum of four (4) street trees planted along C.R. 48 on the southern property line, with two street (2) trees planted on the NE corner of Lot 2 and SE corner of Lot 1 on C.R. 48. Street trees shall be native to Long Island. Preliminary Plat Approval is valid for six months. Within six months of the date of this approval, a Final Plat Application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Southold Town Plano* lan Board — Page Two—Work Sessio Aril 12 2010 .__ .......... .. Project name Nickart Realty 2006 , S. .. Location: The property is located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold _.......- .......... Description: This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District ... Status: Conditional Sketch Approval .. - ...._ ........- _ .... Action: Review TDR question. ...._.. .......-. ...-.. Attachments: ..__ Project name: Southview Preserve SCTM# 1000-87-5-21.4,7, 8, 9 j &10 ........... Location: The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive,v in Southold . .......... Description: This proposal is to subdivide a 14 54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. Status: Conditional Preliminary Approval ..... Action: Review Draft Open Space Easement .....-_ ........ ......... _ Attachments: Open Space Easement .......... - 2 • MO LETTER PATRICIA C. MOORE, ATTORNEY AT LAW fl 51020 Main Road p/I Southold,NY 11971 1 O (531)7654330 r� email:pcmoorel®optonline.net DATE TO SUBJECT l/ r M A 9 1 7 2010 i �.-,J'VZ, to 0�7 r =y a--Pl 1 � SIGNED ❑Please reply No reply necessary COUNTY OF SUFFOLK . STEvE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES OAMD G. GRAHAM, M.D., M.P.H. AORNG COMMISSIONER October 30, 2006 Nickart Realty Corp. 775 Brooklyn Avenue Baldwin, NY 11510 Attn: Mr. Nick Paleos Subject: Board of Review Hearing— October 19, 2006 S10-98-0003 — Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. C/o Carole Road, Southold—t/o Southold-SCTM: 1000 05200 0200 013000 Dear Mr. Paleos: Enclosed is a copy of the findings; recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Board granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to.unnecessary delay. Ve truly yours, tephe A. Costa P.E., Chief Engineer Ch ' an, BoardofReview Enclosure C: Board of Review File— Yaphank Ms. Patricia Moore, Esq. Mr. Douglas Feldman, P.E. -Reviewer Mr. Michael Pisacano Mr. Andrew Freleng—Planning Department Mr. Irving&Ms. Virginia Feder Ms. Lauretta Fischer—Planning Department Ms. Gloria Praetz Ms. Eileen Cantone— OWM Philippides Living Trust Ms. Valerie Scopaz— Town of Southold ♦D......OI ENVIRONNCNT.L 01 . BMN.Oi R. ♦ 300 Ul.N .N AV...,ftR 25 .Y,NANK NY I I OBO. PHONE 1531)552-5501 Fe.153 11 852-58 25 SUFFOLOOUNTY DEPARTMENT OF HEALASERVICES DIVISION OF ENVIItONMENTAL QUALITY BOARD OF REVIEW ARTICLE 21 SECTION 220, SUFFOLK COUNTY SANITARY CODE To: David G. Graham, M.D., M.P.H., Acting Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 Hearing Date: October 19, 2006 Statement of Problem Parcels served by public water and individual sewage systems in Groundwater Management Zone 4 must have a minimum lot area of 20,000 square feet, or equivalent yield, in accordance with Article 6, §760-605, paragraphs A.3 and B.1 of the Suffolk County Sanitary Code. The applicant is proposing lot sizes less than 20,000 square feet. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 4. 2. The parcel is depicted as one lot on the 1981 tax map. 3. The parcel size is 34,876 square feet (so. It is proposed to subdivide the parcel into two lots at 17,438 sf each. Average lot size is 17,438 sf. 4. The average lot size is 87% of the required lot size. The yield at density would be one residential lot. 5. Town zoning is R-40 residence (40,000 so. A SEQRA determination is pending from the Town of Southold, but the action has been classified as an unlisted action. The applicant has received town ZBA approval for the proposed land division. 6. Each parcel will be served with a conventional on-site sewage disposal system that consists of a 900 gallon septic tank and (5) eight-foot (D x 3 feet deep leaching pools arranged in a cluster configuration. Concrete retaining wails and fill will be utilized around the disposal system to maintain a minimum distance of 3 feet from the leaching pool bottoms to groundwater. The site plans indicate the exposed portion of the retaining walls will vary between %2 foot and three feet in height. The plans also show that all poor soils below the leaching pools will be removed and filled with clean sand and gravel. 7. Depth to groundwater is approximately 4.5 feet below existing grade. David G. Graham, Me M.P.H., Acting Commissioner • Hearing Date: October 19, 2006 Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp„ s/s North Road (CR 48) and 90 8. e/o Carole Road, Southold—t/o Southold— SCTM: I000 05200 0200 013000 8. Soils are acceptable with sand at 9 feet below existing grade. However, difficulties may be encountered since poor soils must be removed below groundwater. The future sewage disposal systems will also require retaining walls with a 1.5 to 2.5-foot exposure. 9. The proposed lots will be connected to the public water supply serviced by Suffolk County Water Authority. 10. The property is situated in a narrow area between the Long Island Sound to the north and existing dwellings and a pond to the south. The surrounding properties were subdivided in the 1950's. 11. The parcel appears on a filed map titled "Old Colony at Arshamomaque." The parcel is noted on that map as a future motel site. 12. The parcel was the subject of a Board of Review hearing in 2002. In a determination, dated July 1, 2002, the Board denied the applicant's request for a variance to subdivide this parcel into (2) building lots. 13. The applicant is proposing a transfer of development rights (TDR) from SCTM: 1000 11300 0700 019011, a 1.68 acre parcel also located in groundwater management 4. 14. An application'was previously submitted to the department to develop the proposed sending parcel with a single family dwelling. However,because the parcel was part of a subdivision that did not receive the benefit of Health Department approval, a variance was required. A previous Board issued a variance on, March 28, 2003 allowing construction of a single-family dwelling. However, an .approval to construct was never issued by the department because the applicants had not submitted an approval from the town regarding zoning, grading and drainage. The applicant is proposing to transfer the sending parcel to Michael Neudeck, an adjacent land owner. The proposed sending parcel is to be merged with the Neudeck parcel identified as SCTM: 1000 11300 0700 013000. 15. The proposed recipient has agreed to merge the proposed sending parcel with his parcel that is improved with a single-family dwelling. Determination It was a 3 to 0 determination of the Board to grant the request for the variance, provided the following conditions are met: • The sending parcel identified as SCTM: 1000 11300 0700 019011 shall be merged with the adjacent parcel identified as SCTM 1000 11300 0700 013000. David G. Graham, N*, M.P.H., Acting Commissioner • Hearing Date: October 19, 2006 Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 • Covenants and/or deeds shall be prepared and filed, in language acceptable to the County Attorney, that: o Accomplish the transfer of density from the sending parcel. above to subject receiving parcel. o Establish that the population density equivalent from the sending parcel is being transferred from the sending parcel and the sending parcel shall be merged with no further subdivision. o Establish that the merged sending parcel shall be improved with one single-family dwelling only(with any legal accessory structures). o Establish that the subject lots shall each be improved with a maximum 4- bedroom single-family dwelling only (with any legal accessory structures). • The applicant for construction of the single-family dwellings shall retain a licensed professional engineer to supervise, and certify the completion of the installation of the sanitary system and construction of the retaining wall. • Expansion leaching pools shall be installed at the same time as the required leaching pools. • The applicant shall be responsible to obtain a dewatering permit from the agency having jurisdiction, and comply with its terms if dewatering is necessary to remove poor soils in groundwater below the disposal system. Approval of this application will not affect the overall groundwater resource since equivalent parcels will be sterilized, which will compensate for the shortage in density. As per §760-609 of the Suffolk County Sanitary Code, the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. In compliance with §760-609(1)(a), the proposed variance is in general conformity with the Sanitary Code. The variance should not impair groundwater, surface water and drinking water supplies, and, as such, is consistent with criteria specified in §760-609(1)(b). October 30, 2006 Ste en A. Costa P.E: Chairman Board of Review. 4FMAILING ADDRESS: PLANNING BOARD MEMBERS �OF soar P.O. Box 1179 MARTIN H.SIDOR yQ Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI lif COU'M' Southold, NY n I, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Close Preliminary Hearing: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: A preliminary public hearing was held by the Southold Town Planning Board on Monday, March 8, 2010 regarding the above-referenced Standard Subdivision. The public hearing was closed. If you have any questions, please do not hesitate to contact this office. Very truly yours, �1 � T Martin H. Sidor Chairman •From: Fran Smulcheski [smulchef�wpaltz.edu] Page 1 of 2 Sent: Monday, March 08, 2010 4:20 PM To: Sadoo, Tamara Subject: Corrected document This is a revised document to be submitted to the Planning Board this evening. Fran Smulcheski March 8,2010 Dear Town of Southold Planning Board: We would like the following concerns be presented at this evening's preliminary public hearing relating to the proposed subdivision of the Nick Paleos, (Nickart Realty) property on Route 48, Southold, NY As residents and homeowners of property on Carole Rd., Southold, NY since 1957,we would like to express our concerns regarding the two lots being proposed on property owned by Nick Paleos. Our concerns follow: We believe that the decision of the Suffolk County Health Department to approve this site for a subdivision was a poor one. The area around the proposed subdivision is already heavily inhabited and includes a motel, condominiums, individual residences and the Southold Town Beach (the most utilized beach in the township) - all impacting the very fragile Arshamomaque Pond and the Long Island Sound. The inclusion of two more residences on a very small narrow strip of property dividing these two bodies of water will certainly compromise our natural resources - especially during heavy rain/snow seasons. An approval of this subdivision would irretrievably impact this already environmentally stressed area.. With a major hurricane predicted for Long Island in the near future, it seems unreasonable to allow such structures which would be extremely vulnerable to high tides and winds. During the years we have lived on Carole Road,we have seen the L.I. Sound actually cover Route 48. Additionally,each year the Sound encroaches upon the town beach parking lot, diminishing more beach area. We strongly believe that during a severe storm,residents of these new homes would be in grave danger due to the location of the properties.We doubt that under severe storm conditions the newly installed drainage system on Route 48 would work properly to protect these new homes. The installation of a retaining wall on both lots, as indicated on the subdivision plan,would not provide much protection under these storm conditions. Additionally, if the retaining walls end at and near Carole and Beverly roads,storm water would be funneled onto these roads and Old Cove Blvd. endangering surrounding homes. Considering the amount of water being displaced by the walls during a Nor'easter or hurricane, drainage ditches would be useless resulting in a devastating situation. The retaining wall,which looks good on paper,would cause more damage. Additionally we would like to inform the planning board and the code enforcement officer that Nick Paleos, owner of the property for several decades, has never made an effort to clean up the property. Years and years of plastic containers and objects as well as raw garbage has accumulated on the property to the dismay of his neighbors. Considering the long history of neglect,we are certainly worried about the current and future maintenance of Mr. Paleos' property. In summary,we firmly believe that this subdivision will have irreversible health, safety and environmental consequences. Considering this,we appeal to the Planning Board to deny Mr. Nick Paleos permission for his planned subdivision. Sincerely, Fran Smulcheski file://C:\Documents and Settings\tamaras\My Documents\Subdivisions\Standard Subdivisions\Nickart 20... 3/19/2010 • •Amelia Smulcheski Page 2 of 2 Joyce Demos James Smulcheski P.O. Box 802 Southold, NY file://C:\Documents and Settings\tamaras\My Documents\Subdivisions\Standard Subdivisions\Nickart 20... 3/19/2010 50132 PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 \� DATE S U UJE T TO ........ - J - -------- --------- --------- SIGNED 03/08/2010 10:28 FAX 631 765 4643 MOORE LAW OFFICES . Planning Board 0 001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631) 76541643 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C.Moore. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone im ately"so�wQe may arrang retrieve this transmission at no cost to you. TO () � p \ ° M ( FAX NO: RE:N r V DATE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET J IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. comm ents: x J ; i PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF NICKART REALTY SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-52-2-13 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York, being duly sworn, depose and say that: Ha, On the I day of F by wy, 2010, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet of the front property line facing the street(s) where it can easily be seen; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be MONDAY, MARCH 8, 2010. PATRICIA C. MOORE Sworn to before me this g day of v-la.,cA,- _- No ary P WMYA,PEMNS Npyy Public,ft"d NMVO* No.01PE 6130M I QUWMW in&M k Carp Conmr�Ex"—W 1 *near the entrance or driveway entrance of the property, as the area most visible to passersby. 03/08/2010 10:28 FAX 631 7654i43 MOORE LAW OFFICES . Planning Board 0002 PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---—--------—--------—------------------------------------x In the Matter of the Application of AFFIDAVIT OF NICKART REALTY SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-52-2-13 --------—-----------------—-------—---------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York, being duly sworn, depose and say that: Hagt�� On the l day of F.�, 2010, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet of the front property line facing the street(s)where it can easily be seen; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be MONDAY, MARCH 8, 2010. i PATRICIA C. MOORE Sworn to before me this g ~ day of "dkc� Aryoa WMAPEM" way PWW Sm dNMYo* N0.01PE 613D876 .�_...-._.. "Wra*tl In 9WloNt Caullry _ CanMiMm E�trwJuM� ,..�.. *near the entrance or driveway entrance of the property, as the area most visible to passersby. 03/08/2010 10:28 FAX 631 765043 MOORE LAW OFFICES Planning Board 003 __ __ PATRICSA C. MOORE ESQ. 4. Restricted Delivery? &Servbe Type 51920 MAIN ROAD (EX"Fee) Yea CERTIFIED SOUTHOLD NY 11971 ❑ 2 Article Number I 7192 6463 3110 0000 6333I I A. S nature: �d sale or❑Agenrl _ IIIIII IIIiIIII t1 III IlII�I�I�I�III III B. R Ived 8p: (plas"prllr rly) 7192 6463 3110 0000 6333 C.Dead of DelNery 1. Article Addressed To: M: D.Addnleeee�sAddree:re�„w , PHILIPPIDES LIVING TRUST 35 AVALON ROAD --- -- GARDEN CITY NY 11530 awelmry wo-.+r'l&A�"i'Ap;Tciaa fbk:::'A�irii'ci::iiyj De4vsOtlAEins� C..........-...................................... ..ITY Berle ......... PP i!6;ii -AM MO LETTER PATRICIA C. MOORE, AARNEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel @optonline.net DATECIA SU C Te- �C Cav bT O�A�-1^\ �� c� SIGNED Please reply ❑No reply necessary PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT NICKART REALTY OF (Name of Applicant) MAILINGS CTM Parcel #1000-52-2-13 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the9) day of February, 2010, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ( ig ure) ETSY PE S, TH Sworn to before me this day of ' 2010. ( otary Public) �MAFtGARUI C. RUTKOWSIO Ilk Notary Public, State of New York No. 4982528 -. Ouallfied in Suffolk County Commission Expires June 3, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. NICKART REALTY NEIGHBOR LIST SCTM: 1000-52-2-13 SUNSET POINT LLC 55055 NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-52-2-1.2 PHILIPPIDES LIVING TRUST 35 AVALON ROAD GARDEN CITY NY 11530 SCTM: 1000-52-2-10.1 IRVING & VIRGINIA FEDDER PO BOX 966 SOUTHOLD NY 11971 SCTM: 1000-52-2-12.1 BEEHIVE DEVELOPMENT CORP. I I I I BELLMORE AVE. N.BELLMORE,NY 11710 SCTM: 1000-52-2-14 GLORIA PRAETZ 53750 CR. 48 SOUTHOLD NY 11971 SCTM: 1000-52-2-17 RECEIPT • —- RECEIPT 7192 6463 3110 DOW 6333 7192 6463 3110 0D006326 FROM: i FROM: PATRICIA C.MOORE ESQ. PATRICIA C.MOORE ESQ. RE. RE, y 11977 f SE ti SEND TO: PIDESL ac TRu ON su Q 01+ 4 ' R. C 11530 IA_ 197 J 2 c OS FEES: S. :r. Postage 0" O � Y-:' ✓) .44 Certified Fee 2.80 J 2.44 Retum Receipt 2.30 h6peipt /2.00 Restricted TOTAL $5.54 TOTAL $5.54 POSTMARK OR DATE POSTMARK OR DATE RECEIPT RECEIPT RECEIPT ' 7192 6483 3110 0000 6340 7192 6463 3110 0000 6357 7192 6463 3110 0 6364' FROM: FROM: FROM: PATRICIA C.MOORE ESQ. PATRICIA C.MOORE ESQ. PATRICIA C-MOORE ESQ. RE: RE. RE ND Te SENp,TQ, SEND TO: IRVING 6 VIRGINIA FEWER PM%T CORE GLORIA PRAETZ PO BW 966 /-1�lBELLMORE E 1 53750 CR4NV 11971 Y OU'�NpLD NYA197} i :N ELLMORE NY 11 W FEES,_'_ - F d- FEES: Postage O.q4 'T" _ 0.44 Postage 044 Certfied Fee Retuid Fe9 2.80 Certified Fee 2.80 Return Receipt 2.30 ResMdt �t 2.30 ResRelum Re ipt 2.30 Restricted sd TOTAL $5 54 TOTAL $5.54 TOTAL $5.54 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE \\ �J �G SendeC d. Restricted Deliver31 ,a PATRICIA C. MOORE ESQ• y? 9.service type ml 51020 MAIN ROAD -s (Ex[raFee) Yes CERT/FlED Em„aa o + SOUTHOLD NY 11971 _ a � o I 2 Article Number I = o+ o � 7192 6463 3110 0000 6326 F�a"aLL � •a ` rm i A. Signature: (OAddressee or❑Agent) II�III II'IIIIIIII IIIIIIIIIIIII �III�II�Ii 1 8, Received By: (Please Print Clearly) 7192 6463 3110 0000 6326 C. Date of Delivery 1. Article Addressed To: o o Lu i m I D.Addressee's Address rnoirt mF�wnanana.u+mnys..d.rl SUNSET POINT LLC lti z _ It ~ T aa 55055 NORTH ROAD Y � E I �9eauMary-gaJraaa I Seile�l�ppt.I flaer- SOU(Plae]e fMiR CI:aMy) HOLD NY 11971 rc s bsii:e:ynda::aii.......................................................... CIIY........ ....... .----- ......_...----- .State .......... t 1 C:Ga i PATRICIA C. MOORE ESQ• 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD CERTIFIED (Extra Fee) Yes SOUTHOLD NY 11971 • I 2. Article Number 7192 6463 3110 0000 6364 A. S6stu re: 0Addressee or❑Agent) IIIIII III II IIII II IIIIII IIIIIII I) IIII I III S. Received By: (Please —Prrintrt Clearly) 7192 6463 3110 0000 6�--.�- ----- -------- a1 p ' C. Date of Delivery 1. Article Addressed To: <i $i a Q p y N to M k.D.Addressee's Address Inoa n r• aad�...l...eys..me GLOR I A PR AE TZ p $ S o H 53750 CR. 48 9 SOUTHOLD NY 11971 »� m Q 9�condary amreve/SWIe I aq./Floar(Pls�a�PrIM Cln�lyj �Iz z n vs _ n M .�e; ............................................................................. e � 3 oellvary amne. _ � p �_ 0 . 1r s O Icuy i st.e zl a Y❑ N 4. Restricted Delivery? 3.SeMce Typ r PATRICIA C. MOORE ESQ• = r� 51020 MAIN ROAD CERTIF (Extra Fee/ Yes om 8; _ SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 0000 s n w v z A. s ure -(tiAddre ee A ^t) IIIIII III II IIII II III 111111111111111 INn o H w N 14 a a B. eiveQ By: •(P a Int / arly n D- .1 0 r ( � e� 7192 6463 3110 000❑ 63 ~i = " e < 0ir ; z r rum C. Date o Delivery 1. Article Addressed To: Z d Fr-r w Ir 3 < w r e ❑ ; D.Addressee'sAtltlress rpOlAnMFrvmAJlw+Uui0y5eratl IRVING 8 VIRGINIA F N o w 1 a ' PO BOX 966 y� w w SOUTHOLD NY 1197U�Spl C3Q , N 0O obWfvwr ridere::......................................................... Gw - Gw []................... w � Q.slate ziv:i code w w 0 L #9661 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 25th day of February, 2010. Principal Clerk Sworn to before me this O day of Q /� r 2010. LEGAL NOTICE , +s„ Nonce of PubhcJlearAng / ,NOTICE IS"FIEREBy Gf VEN That,,�g° p n n �\ pursuant to,Secfion276,§f`4 T°K'Ou.S �� �/� Law and Article XXV of the Code of h,6 V J Town of Southold a public hearing will " CHRISTINA VOLINSKI ` be held by the Southold Town Planning Board, at the Town Hall; Main Road, NOTARY PUBLIC-STATE OF NEW VOR Southold;New York on the thusday of No. 01406105050 March 2010 on the question of the fol-" Qualified in Suffolk County lowing: 6:00 p.m.Proposed amendment to the My Commission Expires February 26, 2012 approved map of the Major Subdivision of Papadopoulos&Mardgos'located`od the n/e/s/o Kenny's Road,705.05"rf/w/o CR48,in Southold,Town of Southold, II County of Suffolk.State 6CNewiYorL II Suffolk County Tax Map Number 1000- 59-3-17.3 y , 6:05 p.m. proposed Sbmdard,pu6y division for Karen Mazetr�qq�� ai{:� at 1450 Horton s Lane, on tie W81 Horton's Lane, inSouthold;16wit-of Southold,.County of Suffolk, State of New York.:Suffolk Countq',Tax Map' Number 1000-63-1-12 6:10 p.m. Proposed Standard Sol)- division for Nickarfk,"''locafe4'on the s/s/o CR 48, approxamately '90t1' w/o Bayberry Lane,in Southold,Town of Southold, County of Suffolk, States of New York.Suffolk County Tax Map, Nutnber.1000-52.2-13. 6:15 p.m.Troposed Site Planfor Ra- phael VineymclS locat.11at 39390 Main Road,on the s/s/o Main Road,approxi- mately 520'.w/o Indian Neck.Lane,Pe conic`, Town` of'Southold, County of, Suffolk„% tate;;of.`New'}}(�o�rk. u Suffolk' Conty TAMap Numbel'aiIQ00-85-3-1 L3 &11.4 6:20 p.m.Proposed Site Plan for the Valero Service Station located at 28975 Main Road,on the n/w corner of Main Road and Depot Lane, in Cutchogue; Town of Southold, County of Suffolk; State of New York.Suffolk County Tax Map Number 1000-102-5-26 Dated:2117/10 - BY ORDER OF THE SOUTHOLD TOWN PLANNING.BOARD Martin H.Sidor Chairman 9661-1T 2/25 #9661 STATE OF NEW YORK) ) SS: 69UNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, b/dulyorn, says that she is Principal. Clerk of THE SUFFOLK TIMES, a wpaper, published at Mattituck;yn the Town of Southold, County of Suffo and State of New York, and that the Notice which the annexed is a printed coo, has been regularly published in said Newspa r once each week for 1 week( , successively, commencing on the 25th day of Fotbruary, 2010. \ Principal Clerk Sworn to before me this day of 2010. tvoGe t nW�enga� f`(� I ands tde f ,,gg of -Townrof Southold apuyli earls' l- CHRISTINA VOLINSKI l be held by the Southold Town Planning Board, at the Town Hall,Sulam Road NOTARY PUBLIC-STATE OF NEW YORK Southold,.Vgw'YoA"gP th�`Stl day,of No. ol-V06105050 March 2010 on the question of the fo`� lowing: � Qualified in Suffolk County 6:00p.m.Pmposed"iine'h'ditienttothe:! My Commission E%plres February 28. 2012 approved map of the Major Subdivision of Papadopoulos&Marago [fie le/s/o Kenny's Road;705 b 'nY` o CR 48,in Southold,Townaa��oE;,Son h County of Suffolk SWC gfIew% or ., Suffolk County Tag. ,div l (i at� P m.,Pro u fETp oafis 1� Horton s Lane, m S Stlathold w tjhjftlt ( d�k State i NeW„YOrk:":,dSuffolk n fii}sX, .% Number 1000-63-1-12 610 p.m.Yropos sStagdat $ub. dig9ionforvl�Cu:1� $ k tliu 's/s/o CR '48, PPmrtrmal"e{y �' w/o Bayberry Lan ,in Soutkold,Towt1`. of Southold,Co ty 617 Suffolk;Staff[ :Of�,'ggyv York.Su olk County Taz Map;:: 1�umtierlOpbS 213 $15 p.m.,Pr.posed teTlan for Ra phael Vineyhr "'slocatr ° -39390 Main- Road, on the s/o Mam':Road,approxi4 .o'a y 520; o I than Neck,Ume,Pe `cony ! '1§ $C uthold,.County of. SlrTfolk rk Suffoilo:- -85 3 113;x:. 62 p.m.Proposed Site Plan for the'. Vale' Sarvio$tation loceted ai,28975i M'ui`Road,on the ntw corner of Main° Road and,.Depot Lane, in Cutchogue,: . Town of Southold, County of Suffolk; State of New York.Suffolk County Tas Map,Number 1000-102-5-26 Dated:2/17/10- BY ORDER OF THE SOUTHOLD TOWN,PLA ]NIfBOARD - ' s .,Maitiot7;Siaor. `Chairman 9661-1T 2/25 - MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 MARTIN H.SIDOR o��OF SO(/j�ol Southold, NY 11971 Chair h O OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JOSEPH L.TOWNSEND (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI �i)•'COU Southold, NY Telephone: 931 765-1936 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 8th day of March, 2010 on the question of the following: 6:00 p.m. Proposed amendment to the approved map of the Major Subdivision of Papadopoulos & Maragos located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-3- 17.3 6:05 p.m. Proposed Standard Subdivision for Karen Mazzaferro located at 1450 Horton's Lane, on the a/s/o Horton's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-12 6:10 p.m. Proposed Standard Subdivision for Nickart Realty located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-52-2-13 6:15 p.m. Proposed Site Plan for Raphael Vineyards located at 39390 Main Road, on the s/s/o Main Road, approximately 520'w/o Indian Neck Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-3-11.3 & 11.4 6:20 p.m. Proposed Site Plan for the Valero Service Station located at 28975 Main Road, on the n/w comer of Main Road and Depot Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-5-26 Dated: 2/17/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, FEBRUARY 25, 2010 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • • Page 1 of 1 r Kalin, Carol From: Candice Schott[legals@timesreview.com] Sent: Wednesday, February 17, 2010 9:45 AM To: Kalin, Carol Subject: RE: legal ad for 2/25/10 edition of the Suffolk Times Hi Carol, I have received the legal notice and we are good to go for the 2/25 issue. Thanks and have a great Wednesday!! Candice From: Kalin, Carol[mailto:Carol.Kalin@town.southold.ny.us] Sent: Wednesday, February 17, 2010 9:15 AM To: Legals Subject: legal ad for 2/25/10 edition of the Suffolk Times Please print the attached legal ad regarding the 318 Planning Bd. Public Hearings (Papadopoulos&Maragos, Mazzaferro, Valero, Raphael Vineyards& Nickart Realty) in the February 25d'edition of the Suffolk Times. An e-mail confirmation of receipt would be appreciated. Thank you. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold,NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.Kalin@town.southold.ny.us 2/17/2010 MAILING ADDRESS: PLANNING BOARD MEMBERS O� SO �` P.O. Box 1179 MARTIN H.SIDOR `�`� Ujy� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JOSEPH L.TOWNSEND i (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI I.yCOU,M'� Southold, NY n 1' 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 8th day of March, 2010 on the question of the following: 6:00 p.m. Proposed amendment to the approved map of the Major Subdivision of Papadopoulos & Maragos located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-3- 17.3 6:05 p.m. Proposed Standard Subdivision for Karen Mazzaferro located at 1450 Horton's Lane, on the a/s/o Horton's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-12 6:10 p.m. Proposed Standard Subdivision for Nickart Realty located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-52-2-13 6:15 p.m. Proposed Site Plan for Raphael Vineyards located at 39390 Main Road, on the s/s/o Main Road, approximately 520'w/o Indian Neck Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-3-11.3 & 11.4 6:20 p.m. Proposed Site Plan for the Valero Service Station located at 28975 Main Road, on the n/w corner of Main Road and Depot Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-5-26 Dated: 2/17/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman 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 17th day of February, 2010 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 3/8110 Reaular Meeting: 6:00 p.m. Public Hearing for the proposed amendment to the approved map for the Major Subdivision of Papadopoulos & Maragos for George Penny IV, SCTM#1000-59-3-17.3 6:05 p.m. Public Hearing for the proposed Standard Subdivision of Karen Mazzaferro, SCTM#1000-63-1-12 6:10 p.m. Public Hearing for the proposed Standard Subdivision for Nickart Realty, SCTM#1000-52-2-13 6:15 p.m. Public Hearing for the proposed Site Plan for Raphael Vineyards, SCTM#1000-85-3-11.3 & 11.4 6:20 p.m. Public Hearing for the proposed Site Plan for the Valero Service Station, SCTM#1000-102-5-26 acne_ 4!�n per` Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this Irl4day of 1 �3Q�AR `/ , 2010. dc-�� 0.� WWA ar Md In suffaft Ca Oft"E�ddr mpl o . • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 MARTIN H.SIDOR O��pF SOUryol Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND % (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI �yCOUNTI,� Southold,NY n 11 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 9, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Set Preliminary Hearing: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 8, 2010: RESOLVED, that the Southold Town Planning Board set Monday, March 8, 2010 at 6:10 p.m. for a preliminary public hearing regarding the map prepared by John Metzger, Peconic Surveyors, P.C., and last revised on November 16, 2009. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. _Please return the enclosed Affidavit of Postina alone with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. March 5 . The sign and the post need to be returned to the Plannina Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, -rr,- �v . Martin H. Sidor Chairman Encls. 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#1000-52-2-13; 3. That the property which is the subject of this application is located in the R-40 Zoning District; 4. That the application is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. The property is located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, 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. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a preliminary public hearing will be held on the matter by the Planning Board on Monday March 8 2010 at 6:10 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: Nickart Realty Corp. Date: 2/16/10 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 1 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.. 315/10 Re: Proposed Standard Subdivision of Nickart Realty Corp. SCTM#s: 1000-52-2-13 Date of Hearing: Monday, March 8. 2010, 6:10 p.m. Town of Southold PC/Codebookfor 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. I NICKART REALTY CORP . STANDARD SUBDIVISON OF NICKART REALTY CORP . 1000 =52 =2 = 13 Proposal to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. MONDAY - MARCH 8 , 2010 - 6 : 10 P . M . T-Y1-el � \ !\ �. � s t s ON-W.WE.) i: • :....._ .. -.r .er."...+; ♦, Rt�Y - . - OD 01 � �l 1 p 9. 1 �.�� '11 • y- b w xyy' Y OT 0 W L4 N C:' mud —N - -oi-o ml S 4 9 S • ) w y'Ct' ,� p • t Ti^a wESFKA rm rux Y RAYEAQI01 �v � �. A A7 ♦r . S '� s s ! • a a xwu u 1aAT Esa7 3' , \ � wua uesNlssN I y�yu1 v � 02: LBO ,� ' '�[} rO % ) ' �, m 5e 592 '.♦� W rn[rwT 93 �Q )a -c s ���0 '�e%Y `' c e� ' o .• I tower �3 . 14�e1 l� fyJAld TWN W SOImRe a / 5/ �'V D� Nw,IAA • \ CL4' / �,, / O m Io ,N � ^ I / B 4 5t Lx i \ q♦ �, 0�0 ♦O I e x)3L L) TJMU CQ�pB ✓ PECeIeC 1A10 TRIYiT I O N I\ O 0 5' • 13 Y M y!. La �PtLn m s¢n ieN W0. w E a fqi WQL N� W sLLw mEm-nu M SEGN0. sa va.w. \ SFE SEC Md LA xiYMm.IE C76-A1-%w. _ SFE YLY • Y� �' L,y WIOI _ 7 LEE SEE SEG EIe.056 SFE SFG N6 OK L .mm ---- m —_ a— .m r r — -- a .x RoncE COUNTY OF SUFFOLK © x r aNa SOUTHOLD SECTION NO rx�e.x'x�� -E E .RIN THE F[ "M MTXICTS E —�— x.• rrmsxr �zv ,, i,E m — E— e, Ex Red Property Tax Service Agency Y `� �52 a xxamx.m w ----- Er rr . YuaExurt,uTUAnox,s4E eNElnmTx•xsa.r.mm e, rmyux �_� i . mN u. -- -- wre rmn u.--.-- x.xE vrtnE tlYIITT rAx NlPem4eirED Cm ty Center R.erh8AMY 11lx1 'a anN MT:1L1ud w u. —___— u. —_s—_ NEu FN�LmT Tu s eeNLT. s s p ek MW b 1000 PROPERTY YM L EONFx90N wE: E.�¢nx J Southold Town Planning Board-Work Session-2/1/10-Page Two Project -----------­­­­----u­ 7� P ct name: ' Latham, ward 1 060-Tg�1-7.4 & i 9-1- .5 Location: 31900 Main Road, Orient Description: This proposed clustered standard subdivision will subdivide a 127-acre parcel into 2 lots where Lot 1 would equal 124.05 acres of which Development Rights have been sold for 114 acres, and the remaining 10.05 acres will be restricted to agricultural use, and is improved with agricultural buildings and Lot 2 is equal to 2.95 acres and is improved with a single-family residence and garage linthe R-2 QjZoq District. Status: -----------I_Sketch AppTya!­­ ----------------------------------- Action: _I_Extend Sketch Approval. Attachments: Draft Resolution �—Ci Erg 10-52-2-13 Project-name�._ Nicka --r— Location: South side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold Description: Subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft.. and 2 equals 17,438 sq. ft. in the R-40 Zoning District sbat- ­­—U Conditional Sketch Action: Review list of proposed vegetation for buffers/landscaping; set public hearing Feb. 8, 2010 for Mar. 8, 2010. qhMwts: 1 List of Recommended Vegetation, Draft Resolution ------------ -------------- ---- - Project naMe.-_ I Sc.har - Lot Line Cha nge SCTM#: 000-.81-3-25.1 81-3-26 Location: Paradise----------Line .. .......................Description: ! This proposal is to transfer 6,917 sq. ft. from Lot 2 which totals 94,446 sq. ft. (SCTM#1 000-81-3-26) to Lot 1 which totals 135,332 sq. ft. (SCTM#I 000-81-3- 25.1). As a result of this transfer, Lot 2 would be reduced in overall area to 87,529 sq. ft. and Lot 1 would increase in overall area to 142,249 sq. ft. in the R-80 Zoning District. - Status: ------—------------------- Action: ................. Review requested bac4_rioupd/hist�for this.protect:__._-__ Attachments: IF LLetters from Previous File Project name: ---- Neumann James fIOCCO- W-1- A 167-1-11 f!E Location: Mai CituCk Cree-kand Mill Road, Mattituck Description: j Proposed 5 lot standard subdivision ------------------------- Status: Open e- w-'suibm-N--�­--------­pj--a­n­-&---aft-a-dhed letter to a—----------- Action: pplicant.______ Attachments I Draft Letter to Applicant . ...........Project --------- Mazzaferro, Karen C�#: 1000-63-1-12 Location: [ m6 the-east side-of Horion's Lane, in So I Southold ---------------------------- Description: -TThis proposed standard subdivision is to subdivide a 4.28-acre parcel into 1 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 ---------------------------------------------------------i equals 90,023 sq. ft., in the R-40 Zoning District. equals -------------sq_ft_,--------- ......... Status- Sketch Approval ---- --*......... ........ T------ ------------------------------ ----------------------------- [,Action: 1 Set public hearing Feb. 8, 2010 for Mar. 8, 2010. --------- ------- [_Attachments: TDraft Resolution ----------------------------------- i7 Q / MAILING ADDRESS: ` PLANNING BOARD MEMBERS OF SQ P.O. Box 1179 MARTIN H.SIDOR O�a y�l � Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND �O �� r (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI IiYCOUN� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Martin Sidor, Chair Members of the Planning Board From: Mark Terry, Principal Planner Date: January 29,2010 l _ Re: Standard Subdivision of Nickart Realty SCTM# 1000-52.-2-13 Recommended Vegetation Species and Type of Buffer - — -- I recommend that the following species be considered for the planting plan in the buffer that runs parallel with County Route 48. Plants were selected for tolerance to Long Island Sound and Hashamomuck Pond influence (high winds, salt) and for their native status. Common Name Strata Scientific Name Eastern Red Cedar Tree Juniperus virginiana Virginia Rose Shrub Rosa virginiana A covenant and restriction is recommended to insure perpetual survival of planted vegetation(Note: the grouping of the eastern red cedar is in lieu of street trees). The Virginia rose is recommended to achieve an effective buffer in addition to existing vegetation. Lastly, it is strongly recommended that the Board require details on the permissible maintenance activities within all buffers on the property within the covenant and restrictions. An example definition of buffer type and recommended maintenance activities follows: NATURAL VEGETATED BUFFER-- a land area of a certain length (INSERT) and width (INSERT) where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation may be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three(3)years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, and replanting of vegetation. Sc b SCOTT A. RUSSELL JAMES A. RICHTER, R.A. ( SUPERVISOR 5 ; ENGINEER TOWN HALL - 53095 MAIN ROAD tb7 TOWN OF SOUTHOLD,NEW YORK 11971 P^ h! Fax. (631)-765-9015 Tel.(631)-765-1560 JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US "ill '.r-z•�.�t i"'" OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor February 9, 2010 Chairman - Planning Board Town Hall, 53095 Main Road j I Southold, New York 11971 -� Re: Nickart Realty Corp. Two Lot Subdivision SCTM #: 1000-52-02-13 Se i!ald Town Dear Mr. Sidor. As per a request from your office, I have reviewed the revised site plan for the above referenced subdivision. This site plan has been prepared bythe office of John T. Metzgerof Peconic Surveyors, PC, and has been dated November 16, 2009. Please consider the following: 1. This site plan indicates a 35'dimension on lot#2 between Beverly Road and a "proposed deck". This dimension has not been repeated or indicated on Lot# 1. Is this dimension to be considered a building setback requirement? In addition,both proposed Homes indicate a dimension of 32'from County Route 48 and 26'from the property line located in the middle of the traveled access roadway. Are these dimensions to be considered required building Setbacks? A clear indication of what is or will be the allowable building envelopes will assist the Building Department during there permits review process. 2. The proposed development and/or road & drainage construction items required for completion of this Subdivision will require the inspection and approval. Please remind the developer that my office will require at lease 24 hours notice, (please call 765-1560), prior to the commencement of any new work. With the exception of the items listed here, all of the issues listed in my last report have been addressed in a satisfactory manner. If you have any questions regarding this review, please contact my office. in erely, ames A. Richter, R.A. 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 MARTIN H.SIDOR ��� yQ� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 99:r 54375 State Route 25 JOSEPH L.TOWNSEND �PS (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI IiYCOU ' Southold,NY Telephone: 631 765.1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 26, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning has reviewed the above referenced application for Preliminary approval at their January 25, 2010 Work Session. A Preliminary Public Hearing will be set for this application at the February 8, 2010 Southold Town Planning Board Public meeting for the March 8, 2010 Southold Town Planning Board Public Meeting. If you have any questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner WORK SESSION AGENDA 0 UTHOLD TOWN PLANNING BOARD Monday, January 25, 2010 4:00 p.m. 4:00 p.m. Applications ............ iFtoject-riarniE­- Chase BankMattituck- - - --- ----- ---- I SCTM#: 1000-143-3-33.2 Location: 10300 NYS Route 25, 133 +/- east of Marlene Lane & NYS Route 25, Mattituck Description: Site plan is for the new construction of a 4,200 sq ft bank with two drive- through bays on a previously developed 112,647 sq. ft. (2.59 acre) parcel in both the B, General Business, and R40, Residential Zones. -------------------------------- Status: New Site Plan Action: Discuss cross access. Attachments: ----------------- _Frqjed name Chase Bank - Mattituck 00-143-3-33.2___ ___ Location: 10300 NYS Route 25, 133' +/- east of Marlene Lane & NYS Route 25, Mattituck Description: Subdivide a 2.818 acre parcel into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning District and Lot 2 equals 63,480.41 sq. ft. in the R-40 Zoning District. Preliminary Plat Action: Discuss access easement language. Attachments: ---------- ------------------ ---------------------------- Project rjamw. Nkilka_rt Reams__ sctw Location: South side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold! Description: Subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2_equals_l 7,438 sq_ft._in the R-40Zoning_District. -------------- Conditional Sketch Action: Review revised papfor prelimi na_approval. Attachments: Staff Report _Project S­ei t'�qject-name:-------- Scharf- Lot Line Ch"n e 66 -2 . _6_14-W Location: Paradise Point Road., Southold Description: This proposal is to transfer 6,917 sq ft. from Lot 2 which totals 94,446 sq. ft. (SCTM# 1000-81-3-26)to Lot 1 which totals 135,332 sq. ft. (SCTM# 1000-81-3- 25.1). As a result of this transfer, Lot 2 would be reduced in overall area to 87,529 sq. ft. and Lot 1 would increase in overall area to 142,249 sq. ft. in the R-80 Zorfqj9_District_---- —-------------- Status: Open Action: Review requested lot line change and subdivision history. Attachments: _LCtaff-Report, Approved Subdivision and Resolution -------------------- PrRLqct ...name. Highland House Fl, LLC 1 SCTIVIi.- ----------I.................. .. Location: comer of Heathulie and Ocean View Avenues, Fishers Island Description: Subdivide a 4.56 acre into 2 lots where Lot I would total 80,390 sq ft. and Lot 2 would total 118,289 sq. ft in the R-80 Zoning District. Status Open_ Action: .-.---..Accept for Sketch Approval and begin referral proqess.__ Attachments: Staff Re ort s� Lt-�/o C2 MAILING ADDRESS: PLANNING BOARD MEMBERS O� Q f SOUS O! P.O. Box 1179 MARTIN H.SIDOR y Southold, NY 11971 Chair Q J� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JOSEPH L.TOWNSEND M (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI IiYCOU, Southold, NY IY 1, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter,Engineering Inspector From: Tamara Sadoo Date: January 19,2010 Re: Nickart Realty Corp. Standard Subdivision Application Name: Nickart Realty Corp. Standard Subdivision Tax Map Number: 1000- 52.-2-13 Location: Property is located 350' east of the corner of Sound View Avenue and North Road (CR 27) on the south side of North Road. Type of Application: Sketch Subdivision Map (Dated: ) X Preliminary Subdivision Map (Dated: 11/9/09) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: Proposal is to subdivide a 0.801 acre parcel into two lots where lots 1 & 2 will equal 17,484 s.f. each. The project as proposed does not conform with zoning and will therefore need variances from the ZBA. Additional Comments: Here is a revised map reflecting the changes the PB and you requested previously. It seems to address everything we/you requested (I've attached PB letter and applicant letter). I am scheduling this for 1/25/10 work session review as all seems to be in order. Unless you see something glaring/missing etc. I will bring this to PB and recommend to accept as all concerns seem to be adequately addressed. Thank you for your cooperation. M� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries s November 18, 2009 Mr. Martin Sidor, Chairman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 -- Re: Nickart Realty SCTM#1000-52-2-13 Dear Mr. Sidor: Enclosed five prints of the revised plan prepared by Peconic Surveyors dated November 16, 2009. In accordance with the Board's September 22,2009,we have detailed all of the improvements onto a road widening and improvement plan. This map incorporates all the items requested in your letter and what was shown on the site plan of the lots prepared by Angel Chorno, Architect . The plan also includes all the recommendations made by the Town Engineer,the Board's letter of August 14,2008,the Zoning Board of Appeals decision dated July 24, 1997 and requirements of the Suffolk County Department of Health. Please note the following revisions which were discussed at the last work session with the Board: 1. In accordance with the Town Engineer's suggestion, the road will be open to a width of 25 feet on the south and east, the surveyor has re-positioned the sanitary walls in order to clear the right-of-way. 2. The additional 5 feet to the existing 20 foot road is requested by the fire department as a "clearance" area for their equipment. Therefore, we have shown this 5 foot clearance area without structures or landscaping buffers. 3. We have provided the required landscaping of 50% of the parcels. This has been accomplished with planted buffers around the perimeter of the property and landscaping over the sanitary system. 4. This plan includes the french drains and dry-wells previously reviewed and approved by the Town Engineer. 5. We have located the two cedar trees as agreed at the meeting. r ours, atricia C. our cc: Nickart Realty MAILING ADDRESS: PLANNING BOARD MEMBERS jI Son P.O. Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair 411 OFFICE LOCATION: WILLIAM J.CREMERS N OQ Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMON Q 'n�y (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �r,DUlll' Southold, NY Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 22, 2009 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Planning Board has reviewed your most recent submission dated July 7, 2009 —two plans prepared by Angel B. Chorno, Architect for the above referenced property. After careful review, the Planning Board has determined that the following items shall be submitted by the applicant for review by the Planning Board: The applicant shall submit two sets of maps. One map shall be the official stamped survey at a scale of 1:100 and the other shall be a stamped, sealed and certified map of the one submitted above by Angel Chrono at a scale of 1:20 to attach to the official survey when filed, which clearly shows all of the specific details on the official survey along with the information recited below. 1) The proposed 25' right-of-way along the southern boundary of the property appears to be centered upon the old right-of-way which is currently 20' wide. From this drawing it appears that the extra 5' needed for the new right-of- way, which must be 25'wide pursuant to §161-15, has split the extra 5' required evenly between the above referenced proposed subdivision and the property owners to the south of the proposed right-of-way. § 161-15. Construction specifications. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. [Amended 7-27-2004 by L.L. No. 14-2004, 6-7-2005 by L.L. No. 10-2005] Number of Lots Serviced by Road. 3 to 4 Zoning District:All R Districts (A-C, R-40, R-80, R-120, R-200 and R-400) Minimum Right-of-Way Width (feet): 25' Road Width (feet): 16'(Drawing No. 15-4) Please submit a revised drawing on the 1:20 map which accurately shows that the extra/ needed for a code compliant right-of-way is entirely on the subject property. The Southold Town Code section cited above refers to 3-4 lots. While this subdivision is proposing only two lots, the minimum right-of-way width necessary for 1-2 lots is also 25', however, the creation of this subdivision and the requisite right-of-way means that the properties to the south will also be serviced by this proposed right-of-way, therefore 3-4 lots have been cited above. 2) It further appears from the drawings submitted that the proposed 25' right-of- way encroaches far enough onto the subject property so that the proposed retaining wall for the septic system will partially sit in the right-of-way. The Planning Board has determined that as 25' right-of-way is required as per Southold Town Code §161-15, and that the extra 5' of required right-of-way will sit wholly on the subject property. The Planning Board is also aware that to accommodate the 25' right-of- ay the proposed retaining wall for the septic system on part of the subject property will fringe partially onto the right-of-way as will a portion of the required vegetated buffer. 6qka he Planning Board will require that the applicant submit via Covenants and Restrictions clause which clearly states that each subsequent property owner of each of the roposed lots acknowledges these infringements into the right-of-way.. To further accurately identify the above information about the proposed 25 right of-way, the applicant must submit on a certified map the property line, metes and bounds, utility pole and driveways of the properties along the southern boundary of the right-of-way as well as the specific measurements indicating the infringement of the retaining wall and vegetated buffer into the extra 5' required for the right-of-way. From this information the Planning Board will also be able to accurately identify that the full 20' of the right-of-way (Old Cove Blvd) is unobstructed and clear for emergency access as required by New York State law. There shall be a notation on the official survey at a scale of 1:100 with the Health Department approval stamp that the right-of-way is in fact 25' wide and that the extra 5' of the right-of-way exists wholly on the subject property and that a portion of a retaining wall and vegetated buffer will sit partially within the 25' right-of-way. The required four(4) street trees, shall be placed in two sets of 2 each at the corners of the northern property line. This shall be accurately reflected on the attached 1:20 scal map. The Planning Board and applicant have determined that Red Cedars will be planted as street trees. The Planning Board has further agreed that some type of native vegetation such as beach grass shall be planted over the sanitary system in order to meet the clearin restrictions of 60%. 30% of the subject property will be planted with buffers. The planted/vegetated cover sanitary system will constitute another 20% of lot coverage, therefore the total will only be 50% which will meet the Southold Town Code clearing restriction requirements (§240-49). Once the applicant has submitted the requested items for Planning Board the application will continue to be reviewed and processed. Thank you, Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 21, 2009 4:00 p.m. 4:00 p.m. Applications Site Plans Project name: Reiters Seven Acre Farm SCTM#: 1000 45-5-2 --- ---- - TCostello) j - ------------- -- ! Location: 69700 NYS Route 25, Greenport Description: This site plan is to provide outdoor storage areas for a contractor's yard having construction equipment, materials and fill with a single-family j residence on a_7 acreparcel in the LIO_Zoning District_ Status.. ~ Waiting on applicant to revise the site plan to show the wetlands line I determined by the Board of Trustees on Action: I Up-date the Planning Board on the status of the site plan and review draft letter to the apcant. Attachments: I Draft Letter Subdivisions Project name: Morrel, Owen 1 SCTM#: 1000-68-1-15.1 Location n/s/o Sound View Avenue, 1700 feet e/o Diamond Lane in Peconic (39451. Sound View Avenue) Description: Standard Subdivision. This proposal is to subdivide a 12.03-acre parcel' into 2 parcels where Lot 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 j sq. ft. with an existing single-family residence and associated accessory structures in the R-80 Zoning District. The remaining acreage will remain ! as open s apce. ------ - - --- - - - ..-_. -- - --------- -+ j Status: +Sketch 44roval _ Action: -I Review Preliminary Plat Application and consider accepting as complete_I - —--- Attachments: Timeline/Overview 1 Pro ect name: Nickart Re 1.al Corp _ I SCTM#:T1000=52_2=13 --- - --- 1-- - Location: 350' east of the corner of Sound View Avenue and North Road (CR 27) ( ; on the south side of North Road, Southold Description: Standard Subdivision. Proposal is to subdivide a 0.801 acre parcel into two lots where lots 1 & 2 will equal 17,484 s.f. each in the R-40 Zoning I District. A ZBA variance and SC Health Department Permit have been j I granted for this substandard split_— -_.-..----------------------------...... _.-_.____---_ -- --- Status 1 Sketch Acton Review letter to applicant - -- L Attachments Draft Letter __-.-._ ---------- _-.-._-.J SCOTT A. RUSSELL �`� �� �� �� JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD 2L , TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (631)-765-9015 Tel.(631)-765-1560 �V JAMIE.RICHTER®TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor September 9, 2009, Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 _ , Re: Nickart Realty Corp. Two Lot Subdivision p 2009 SCTM #: 1000-52-02-13 SEP Dear Mr. Sidor: --—�- As per a request from your office, I have reviewed the revised site plan for the above' referenced subdivision. This site plan has been prepared by the office of Anger& Chorno, Architect and has been stamped by the Planning Board with a date of July 7, 2009. Please consider the following: Ir fifeal Planning This Drawing should be Sealed, Certified&Dated by the Design Professional phorto Board Approval. XI have discussed the proposed Front, Side & Rear Yard Setbacks with the Building e artment. At this time, there is still confusion with regard to the Gravel Drive along the Southerly Property line. If this gravel drive is considered a "road" then there may be an additional Front Yard to consider. Please contact Michael Verity for his review&comment prior to Final Subdivision Approval. `3 As per my last Report dated 4/8/09, this Site Plan indicates a new twenty five (25') of wide Right-of-Way(ROW)for the Blue Stone Gravel Drive along the southerly property line. However, this new width appears to have been centered on the old ROW. The property south of this gravel drive is not currently before the Board and as such I do not believe that we can ask those land owners to loose property rights to an expanding roadway. It was my intent to require that the additional five (5')feet for the ROW be taken from the subdivided property. This new ROW location shown on the Site Plan should be adjusted accordingly. 4. The newly graded 16' wide Blue Stone gravel road shown along the Southerly Property Line should be pitched in a Northwesterly direction in a mannerthatwill direct storm water to the proposed French Drain. This proposed new grading should be completed in a manner that will not adversely affect existing driveways, landscaping &adjacent properties that are to remain. Page 1 of 2 Martin H. Sidor, Chairman - Planning Board September 9, 2009 Re: Nickart Realty Corp. SCTM #: 1000-52-02-13 Page 2 of 2 t 5. VIThe Calculations & Drainage design provided for the proposed residential construction meets the minimum requirements of Chapter 236 for Storm Water Runoff. 6. This Subdivision work, as proposed by this drawing, will require the inspection approval of all new work shown or indicated. Please remind the developer that my offic ill require at lease 24 hours notice, (please call 765-1560), prior to the commencement of any new work. If you have any questions regarding this review, please contact my office. Sincerely, James A. Richter, R.A. T MAILING ADDRESS: PLANNING BOARD MEMBERS ti� Of so P.O.P. Box 1179 MARTIN H. D Southold, 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMON Q „a, (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �(,'� �`(` Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter,Engineering Inspector From: Tamara Sadoo Date: September 1, 2009 Re: Nickart Realty Corp. Standard Subdivision Application Name: Nickart Realty Corp. Standard Subdivision Tax Map Number: 1000- 52.-2-13 1 Location: Property is located 350' east of the corner of Sound View Avenue and North Road (CR 27) on the south side of North Road. Type of Application: Sketch Subdivision Map (Dated: ) X Preliminary Subdivision Map (Dated: 5/5/2008) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: Proposal is to subdivide a 0.801 acre parcel into two lots where lots 1 & 2 will equal 17,484 s.f. each. The project as proposed does not conform with zoning and will therefore need variances from the ZBA. Additional Comments: Thank you for your cooperation. PATRICIA C. MOOREr - Attorney at Law f 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries July 7, 2009 Mr. Martin Sidor, Chairman and _ Southold Town Planning Board L �J 53095 Main Road n J_�-- P.O.Box 1179U,!"�T ". Southold, NY 11971 �1� Jt _ 7 2--� Re: Nickart Realty ' SCTM#1000-52-2-13n4 Dear Mr. Sidon Pursuant to the Board's request I have had Angel Chorno,Architect prepare a"site plan"for each proposed lot which includes all the comments made by the Town Engineer,the Board's letter of August 14,2008,the Zoning Board of Appeals decision dated July 24, 1997 and requirements of the Suffolk County Department of Health. I hope that these drawings will make it easier for the Board to review the overlapping comments from the different agencies. The following issues should be considered: 1. Town Engineer suggest opening the road to a width of 25 feet, however the sanitary wall is approximately at 25 feet. Also the 15 foot natural planted buffer requested by the Zoning Board on the south side of the property can not be met if the road is 25 feet in width. In order to build out the road at 25 feet the natural buffer must be reduced to 10 feet. Both the Zoning Board and Planning Board requested 15 of planted native vegetative buffer. We recommend that the road be 20 feet, as is provided in the owner's and neighbor's deeds. Enclosed is an areal map from the early 70's. The property was clear and the road open. The property was used for excess motel parking. Once the properties are developed the road will no longer be obstructed by the overgrowth. All the roads in this area(Carole Road, Old Cove Road and Beverly Road) are 20 feet in width and provide access to up to 9 residences and a motel. The subject road will serve only four residential properties. The two existing homes will have the benefit of the improvements that we make to the property,however,the Town Engineer's recommendations requires my client to cut into his property 15 feet rather than as is legally required in the deeds. This is excessive and underminds the residential private road. We do not wish to encourage usage of the road by the adjacent motel. 2. Clearing limits: the property was previously bare but is now overgrown and we propose planted natural vegetative buffers which will provide a better visual screen than the existing nonnative overgrown vegetation. Therefore, all of the buffers will be landscaped with native salt tolerant plants. The planted buffers around the perimeter of the property provide for 30%vegetative buffer, an additional 20%of the property is over the sanitary system. The lots are only 17,438 square feet and we have provided,as recommended, landscaping around the entire parcel. In addition,we plan to landscape with natural grasses over the sanitary system. The combined areas will comply with 40%planted natural vegetation. However, due to the Health Department regulations this can not be shown on the subdivision map. Our landscaping over the sanitary area will enhance the property provided the plants do not have roots which damage the sanitary system. 3.The property is all sand and drains immediately,the drywells for the roof runoff are located behind a two foot retaining wall due to the shallow groundwater.The existing conditions of water collection on the road is occurring from the two homes which roof drains and driveways drain directly onto the road. Over time this will be corrected as the existing homes are improved and made to comply with the Town's new drainage code. 4.The north side of the property has an additional 10 feet of County Property. Therefore,the homes are set back 42 feet from the County Road which is a typical setback in r-40 zoning. 5. We have located street trees, however, there are large electrical lines along the County Road which should be kept in mind. In addition, the sea spray from the Long Island Sound and storms tend to damage trees. Salt tolerant Shrubs may be more appropriate. V urs, Cecam' ciat Moore cc: Nickart Realty ' • • MAILING ADDRESS: PLANNING BOARD MEMBERS 0f St7[/j�o Southold Box 1179 11971 MARTIN H.SIDOR �0 �Q Char OFFICE LOCATION: WILLI AM J. CREMERS Town Hall Annex KENNETH L.EDWARDS �0 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) 'M JOSEPH L.TOWNSEND yCOUIY 11 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE June 23, 2009 TOWN OF SOUTHOLD Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: I'm writing as a follow up to the Planning Board work session held on June 22, 2009 to discuss your Preliminary Plat submission. It was determined that revised plans will need to be submitted for review to adequately make decisions on buffer widths and other comments prior to scheduling a Public hearing for preliminary plat regarding your application. Please revise on a plot plan in accordance with the following comments and re-submit directly to the Planning Department: 1. All map edits should be shown clearly on a plot plan as requested as part of conditional sketch and reiterated in a follow-up letter dated 8/18/08. Plans should include clearing limits drawn on the plan, building envelops with setbacks that are identifiable, and driveways. Larger maps are recommended so that the plans are-more legible and so that all the requested items can all fit and clearly identified on the plans. 2. Old Cove is noted as 20 feet. It is recommended the ROW be expanded to 25 feet to meet highway specifications (accessing 4 dots). Improvements should be made to the existing driveway. Should consist of widening the wearing surface to a min 16 feet and the placement and grading of Blue Stone Blend wearing surface. 3. Show the proposed French drain on plot plan. As per the Town Engineer, the drainage system should be located in the expanded 5' area of the recommended 25' ROW. Standard Subdivision for Nickart Realty p.2 4. Drainage plans submitted on 2/4/09 did not take into account proposed conditions. Plans need to identify proposed grades, retaining walls, septic systems and driveways on plot plans. Provide these details on plot plans for review. 5. Although the lots will be required to comply with Town Code Sec 236 Storm-water Management. Due to the existing conditions and total lot sizes as stated by the Town Engineer, show drainage calculations and general drainage design required for each lot. 6. Provide a 15-foot natural or planted native vegetative buffer along the north, east and southerly property lines. It appears that is may be difficult to provide a buffer area along the south portion of the property but, try to demonstrate this to the best extent practicable for the Planning Boards consideration. 7. Show a minimum of 4 street trees on each Lot adjacent to County Road 48 as stated in the LWRP report. Please contact me anytime with questions or comments regarding the above. Sincerely, Kristy Winser Senior Planner cc: Planning Board Heather Lanza, Planning Director WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 22, 2009 4:00 p.m. 4:00 p.m. Special Meeting 4:15 p.m. Applications Subdivisions Project name: Lot Line Chan a for Alfred Knapo SCTM#: 1000-68-1-11 & 13.3 Location: 3425 Soundview Ave.,Peconic Description: This proposed lot line change will transfer 11,578 sq. ft. from Parcel B to Parcel A. Parcel A will increase in size from 377,613 sq. ft. (8.6 acres) to 389,191 sq. ft. 18.9 acres). Parcel B will decrease in size-from 164,878 sq. ft. 3. acres 4o 153,300 sq,fL 3,5 acres). R-80 Zoning District. Status: Open Action: Accept for review: Attachments: Timeline Project name: I Nickart Realty SCTM#: 1000-52-2-13 Location: South side of CR 48,.a rox. 900' west of'Bayberry Lane,,in Southold. Description: Subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,436 _ s . ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. Status: Preliminary Plat Review Action: Review site Visit and referrals: Aftachments: Referrals, Timeline Pro ect name: Conkling Point Estates SCTM#: 1000-53-4-44.1 & 44.3 Location: Located on the west side of Kerwin Boulevard,approximately575 feet _ west of August Lane, in Green port. Description: This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 sq. ft. of buildable lands from SCTM#1000-53-4- 44.3 onto the subject property for the purposes of establishing yield. Status: Conditional Sketch Approval Action: Review Town Engineer's Report -_ - Attachments: Town En ineer's Report, dated 6/3/09 FORM TO ACCOMPANY CONTRACTS, LEASES AND AGREEMENTS SENT TO THE TOWN ATTORNEY FOR APPROVAL The do ument is between the Town of Southold and New Renewal If renewal, what is the expiration date of the previous document? Term of document: �a Information regarding the nature of the document (what is it for): C� r - Resolution Date: Date document needs to be signed by: Sent to: �o Jn �� i� <<i Date: 6 9 lO Date: Date:'"/ Contact Person at TOS: Vv PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 28, 2009 HAND DELIVERED Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Sidor: With reference to the above, enclosed please find a portion of the subdivision map which now shows the staking locations. Please review at your earliest convenience and advise if the Board will need to reinspect and if so, let me know and I would be happy to meet you at the site. Thank you. Very trulyyouurs, 6?icia C. Moore PCM/bp encls. o r a NOR/ H ROAD (C. R. 48) COK an ' V N. 61'5970'E. r I93.88' Roman 387.76 2 IS'BIArfFk to ryyy, 193,88• AMMStr urd to o U � —— /BULgNG ENVELOPE O ~ O u1M 0 /BLtAWG ENVELOPE y UrM A Urn 10 10'[� r to In uh O �� urx w o — O .9YfF$fi - '1 —�� Q y 193,e9' vkr —_a_ o S 61.5970. W. '� � l`°"a v �` 10• -- Old Cove Boulesrr vard 193•BB' o T — __fprivole�s'f2 =Wide) oI PLAN OF PROPERTY N FOR Z NI CKAR T REA L T Y CORP, ° AT SOUTHOLD SUFFOLK COON-TY N. Y. — 1000 - 52 - 02 - 13 Scale; l` = 40' PECONIC SURVEYORS, P.C. m May 27? 2009 (6311 765 - 5020 FAX 1631) 765 - 1797 m P. 0. BOX 909 1230 TRAVELER STREET m SOUTHOLO, N.Y. 1197I 9 7-2 9 0 N Co Q r r COUNTY OF SUFFOLK a � �CPgu STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES,A.I.C.P DIRECTOR OF PLANNING May 15, 2009 - 1 Town of Southold " Planning Board Office r P.O. Box 1179 Southold,NY 11971 Art: Ms. Kristy Winser, Sr. Planner Re: Nickart Realty Suffolk County Tax Map No.: 1000-52-2-13 Suffolk County Planning File No.: S-SD-09-01 Dear Ms. Winser: ,... Pursuant to the requirements of Section A14-24,Article XIV of the Suffolk County Administrative Code, the above referenced subdivision that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: • The proposed Subdivision creates substandard lots and appears to be an over intensification of use based on the requirements of the Town of Southold R-40 Zoning District. • Clearing and grading within each lot should be limited to that necessary for siting and constructing a house and typical accessory structures with the intent of preserving as much of the natural vegetation on the site as possible, and to minimize stormwater runoff and erosion. Sincerely, Thomas Isles, AICP Directory of PI ohn H. Corral Planner JHC:jc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)8534044 James F. King, President ,Of souTyo Town Hall Annex �1 Jill M. Doherty,Vice-President 54375 Main Roadv P.O. Box 1179 {/ Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen Bob Ghosio,Jr. O Telephone (631) 765-1592 l�COV Fax(631) 765-6641�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Kristy Winser, Senior Planner E FROM: James F. King, President Board of Trustees DATE: April 15, 2009 RE: Standard Subdivision for Nickart Realty 't SCTM#1000-52-2-13 J The Board of Trustees inspected the above-referenced property and determined that the proposed subdivision located on the south side of County Rd. 48 and on the north side of Old Cove Blvd. is beyond 100' from any wetland boundary, and in accordance with Chapter 275-Wetlands. The proposed elevation is 9'. How much fill must be brought in to accomplish this? Present elevation ranges from 7.3' to 7.6', and how will this change affect the neighboring properties? The Board questions the non-jurisdiction determination by the NYSDEC based on being landward of elevation 10'. It is our Board's recommendation that because of the above concerns and due to the proximity to the Long Island Sound, the area is subject to potential storm damage and therefore should not be subdivided. Cc: Michael J. Verity, Chief Building Inspector ' 6 SCOTT A. RUSSELLG`;: JAMES A. RICHTER, R.A. SUPERVISOR ti' � ` ENGINEER TOWN HALL- 53095 MAIN ROAD r TOWN OF SOUTHOLD,NEW YORK 11971 24 Fax. (631)-765-9015 r 'Z` ,." Tel.(631)-765-1560 A4 JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor '4' April 8, 2009 Chairman - Planning Board '\J S Town Hall, 53095 Main Road Southold, New York 11971 APR 1 0 2 Re: Nickart Realty Corp. Two Lot Subdivision - — SCTM #: 1000-52-02-13 LL_ Dear Mr. Sidor. As per a request from your office, I have reviewed the site plan for the above referenced subdivision. This parcel is located on the southerly side of County Route 48 and has access by way of narrow dirt driveways that have been constructed within easements that are centered over property lines. Please consider the following: 1. The Driveway Access for these newly proposed lots consists of a reasonably stable Stone,Gravel&Dirt wearing surface. There is no apparent drainage indicated or shown on the plan. Due to the fact that this driveway is an existing porous surface and that it is narrow and has a negligible area, additional drainage within the roadway is not recommended. 2. Drainage for the individual lots will be required to comply with the requirements of Town Code Section 236 for Storm-water Management. Due to the nature of existing conditions and total area of lot size, it is recommended that drainage calculations and a general drainage design be required for each lot within this subdivision. At a minimum, areas or portions of these small lots need to be set aside for drainage systems that will be required for the future residential construction and the creation of new impervious surfaces. These drainage areas should be set aside outside of all required bufferareas established by the Planning Board. 3. The Existing Right-of-Way indicated as access to the proposed lots is noted as 20'in width. Highway Specifications require a minimum of 25'for roads accessing a maximum of four lots. It is recommended that the easement area within or adjacent to the proposed new lots be expanded as needed to meet this requirement. 4. Approval of this subdivision should require a Town inspection of the existing Driveway surface. Improvements to the existing driveway should consist of widening the wearing surface to a minimum of 16' and the placement and grading of new Blue Stone Blend wearing surface. The quantity of Stone Blend should be as needed or required, to provide a stable & uniform two inch thick wearing surface that is free of pot holes or other defects. Page 1 of 2 Martin H. Sidor, Chairmt- Planning Board '*April 8, 2009 Re: Nickart Realty Corp. SCTM #: 1000-52-02-13 Page 2 of 2 5. This Site Plan indicates Front,Rear&Side Yards. Does the driveway accessing this property, which is used by several property owners, constitute a Front Yard? I realize that this is a unique situation but this plan indicates that a rear yard is proposed on the southerly side of the two new lots. This should be reviewed with the Building Department prior to Planning Boards final determination of what are the proper Front, Rear& Side Yards. If you have any questions regarding this review, please contact my office. Stncer y, Ja s A. Richter, A. 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �1 so�lyo South hold,Box 1179 1 971 MARTIN H.SIDOR �Q lO Chair r_ a� OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS �p� 54375 State Route 25 GEORGE D.SOLOMON O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND lyOwn Southold, NY Telephone: 631 765-1638 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 9,2009 County of Suffolk Department of Planning Art:John I . Corral P.O.Box 6100 Hauppauge,NY 11788-0099 RE: S-SD-09-01,Application for Nckart Realty- Standard Subdivision SCIW 1000-052.00-02.00-013.000 Dear Mr. Corral: In response to your request dated April 2,2009 for additional information on how the above referenced parcels were created: 'Ihe substandard parcels were created through a Zoning Board of Appeals variance application#4480 granted July 24, 1997. On May 11,2006 the applicant filed an application for a standard subdivision and were then scheduled for a Board of Review Hearing October 19, 2006*re the Board granted the request for variance/waiver with provisions indicated in the determination. Subsequently,the Health Department approved the plan and provided . the Planning Board with the Health Department stamped maps dated April 25,2008. As requested,I have provided you with copies of ZBA decision#4480 and the findings and recommendations of the Review Board determination# 510-98-0003 for your review. If you have additional questions,call me anytime. Thank you. Sincerely, Kristy inner � Sr.Planner cc: Thomas Isles, AICP,Director of Planning Planning Board an VIP COUNTY OF SUFFOLK 1k STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES,A.I.C.P _...DIRECTOR-OF PLANNING April �� Town of Southold Planning Board Office P.O. Box 1179 Southold,NY 11971 c Art: Ms. Kristy Winser, Senior Planner Re: Nickart Realty Suffolk County Tax Map No.: 1000-052.00-02.00-013.000 * '' Suffolk County Planning File No.: S-SD-09-01 r -- Dear Ms. Winser: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code,the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. Pursuant to the requirements of NYS GML 239 and the Suffolk County Administrative Code Section A14-24 please provide a"full statement'of facts with respect to the referred application including: • Information demonstrating compliance with minimum lot size for proposed Lots 1 and 2 in Zoning District R-40. Please provide a copy of the area variance relief for minimum lot size for Lots I and 2. Sincerely, Thomas Isles, AICP Directory of Planning ohn H. Corral Planner JHC:jc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.0.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 6, 2009 4:00 p.m. APPLICATIONS Subdivisions Project name: Bayberry Estates SCTM#: 1000-55-6-35 & 36, 56-1-1 Location: West side of Laurel Avenue, 140' south of Yennecott Drive, in Southold Description: Subdivide 50.1 acres into 18 lots and two (2) open space parcels, where the lots range in size from 30,029 sq. ft. to 32,747sq. ft. The open space parcels total 26.4 acres and the proposed developed area is 15 acres. Status: Sketch Approval Action: Consider asking Board of Trustees for verification of the wetlands lines Attachments: Timeline Project name: Adi ietro,Robert SCTM#: 1000-74-3716 Location: on the a/s/oPeconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: Standard subdivision to subdivide a 2.038-acre parcel into.three lots, where Lot 1 equals 20,229.sq. ft., Lot 2 equals 29,817 sq. . and Lot 3 .equals 29,291 sq.ft., in the HB Zoning District. Status: Conditional Sketch Approval Action: I Review revised C & Rs & consider amendments dated 3/19/09. Attachments: C & Rs, Road & Maintenance Agreement Project name: Sy.and Catherine Ghassemi SCTM#: 100031-1-p/o1 Conservation Location: On the north side of NYS Route 25, approximately 831 feet west of Rocky Point Road, in East Marion: Description: Conservation Subdivision to subdivide 31 acres into 4 lots where Lot 1 equals 25.7acres, upon which the Development Rights are proposed to -be sold to Suffolk County, Lott equals.2.4 acres,Lot 3 equals 2.6 acres and Lot 4 equals 1 acre,in the R-80 Zoning District. Status: Conditional Sketch Approval Action: Review revised C & Rs submitted 3/25/09. _ Attachments: Revised C & Rs Project name Nickart Realty LSCTM#: 1000-52-2-13 Location: South side of CR 48, approx. 900' west of Bayberry Lane, in Southold. Description: Subdivide.a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. Status: _ Preliminary plat review Action: _ Re guest clarification from the ZBA on their decision. Attachments: Draft Memo to the ZBA 04/02/2009 12:50 631-Bvq-4044 S C PLANING DIE PAGE 02 COUNTY OF SUFFOLK dam" e � STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES,A.I.C.P DIRECTOR OF PLANNING April 2,2009 Town of Southold Planning Board Office P.O. Box 1179 Southold,NY 11971 Att:Ms. Kristy Winser,Senior Planner Re: Nickart Realty Suffolk County Tax Map No,: 1000-052.00-02.00-013.000 Suffolk County Planning File No,: S-SD-09-01 Dear Ms. Winser: Please be advised that pursuant to Section A 14-24,Article XIV of the Suffolk County Administrative Code,the above captioned application will not be reviewed until the following information is submitted through the offices of the municipal referring agency. Pursuant to the requirements ofNYS GML 239 and the Suffolk County Administrative Code Section A14-24 please provide a"full statement"of facts with respect to the referred application including: • Information demonstratinvompliance with minimum lot size for proposed Lots 1 and 2 in Zoning District R-40. Please*i de a copy of the area variance relief for minimum lot size for Lots I and 2. i \ Sincerely, Thomas Isles,ATCP % Director of Planning Iohn H. Corral - Planner .iHCjc «�' LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.o.BOX 6100 (631)853.5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE.NY 11788.0099 TELECOPIER(831)853-0044 04/02/2009 12:50 631-8#044 S C PLANING DEJO PAGE 01 Suffolk County Department of Planning Thomas A. Isles,Director P.O. Box 6100 Hauppauge, Now York 11788 (631-853-5190) Fax: (631-853-4044) FAX TRANSMISSION COVER SHEET To:Kristy Winser Fax#: 765-3136 From: John Corral Date:4/2/2009 L. i .. Subject: Nickart Realty YOU SHOULD RECEIVE-2—PAGE(S),INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVEALL THEPAGES,PLEASE CALL (631)853-5190, Message: Dear Kristy, Please find the discussed Suffolk County Planning Commission Decision Letter for Nickart Realty. Please feel free to call me at 631-853AO22 with any questions. Sincerely, John Corral 0 MAILING ADDRESS: PLANNINA TIN H. D BOARD MEMBERS ���*Of SO(/Tyo�oP.O.Southold,Box 1 11971 Char .lf. OFFICE LOCATION: WILLIAM J.CREMERS H Town Hall Annex KENNETH L.EDWARDS �0 54375 State Route 25 GEORG LD.SOLOM N ��i,'C (cor.Main Rd. &Youngs Ave.) JOSEPH ���(�, Southold, NY Telephone: 631 765-1938 Fax: 631 768-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 24, 2009 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: I'm writing as a follow up to the work session held on March 16, 2009 to discuss your Preliminary Plat submission. The Planning Board agreed to schedule a site visit for Monday March 30, 2009 at 3:00pm to further assess the premises. Following the site inspection, I will inform you of what the next steps will be. Please contact this office with any questions you may have. Sincerely, Kristy Wilar Senior Planner cc: Planning Board !� t OFFICE LOCATION: OOf SO(/ryO MAILING ADDRESS: Town Hall Annex lQ P.O. Box 1179 54375 State Route 25 # Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1936 Fax: 631 765-3136 OOUNN,�`� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Martin Sidor, Chair Members of the Planning Board From: Mark Terry, Principal Planner LWRP Coordinator VIM 2 3 2009 1: Date: March 20, 2009 - — Re: Standard Subdivision of Nickart Realty The property is located on the south side of CR 48,'approximately 900 feet`wd9t'of Bayberry Lane, in Southold. SCTM#1000-52.-2-13 Zoning District: R-40 This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. Based upon the information provided to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following recommendations are implemented to further the below listed policies: 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. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character; and C. Screen components of development which detract from visual quality. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. The proposed action is located south of and in the view shed of Town Beach (a public beach) and County Route 48; a New York Scenic Byway. It is recommended that the Board restrict the build-out of the lots to minimize the impact to the view shed. This could be achieved by regulating the height of the structures coupled with the establishment of vegetative buffers as discussed below. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: 1. Preserve existing vegetation which contributes to the scenic quality of the landscape. In a 1997 Zoning Board of Appeals decision (#4480) the Board granted the requested variances with the understanding that natural buffers in the south and northeasterly areas of the property would remain intact. The location of the buffers is not depicted on the plat. Together with the Zoning Board of Appeals buffer requirements, it is recommended that t� the Board require that the existing vegetation be retained within the 15' vegetated buffer to " achieve a vegetative screen/buffer between the residential structures, Town Beach and County Route 48. In addition, it is recommended that the buffer be enhanced through the planting of a minimum of four (4) street trees on each Lot adjacent to County Route 48 pursuant to§280-93 Front landscaped area of the Southold Town Code: §280-93 Front landscaped area. A front landscaped area shall be required for all uses in all zoning districts. The required landscaped area shall be covered with grass or other ground cover and shall include appropriate trees and shrubs. As a minimum, in all nonresidential districts and in the Hamlet Density Residential and R-40 Low-Density Residential Districts, one shade tree having a caliper of two inches shall be planted within the front landscaped area for each 40 feet or fraction thereof of lot frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view. A. Residential districts. In all residential districts, required front yards, except for the driveway, shall be landscaped with grass or other suitable ground cover, trees and/or shrubs. Require a minimum three year survival rate for planted vegetation. Additionally: 1. Require that the applicant show the limits of clearing(60%) on the final plat. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and t6 meet federal flood insurance program standards. The parcel is located in FIRM flood zone AE (el. 10). Finished,first floor elevations are proposed to be at elevation 12. Historically, flooding resulting from storm water and influence from high groundwater occurred on the eastern portion of the parcel and Old Cove Boulevard. In 2008 the Suffolk County Department of Public Works improved the drainage infrastructure of County Route 48 to mitigate the storm water influence. As indicated above the parcel is influenced by high groundwater elevations; 4.5' below existing grade. As a result the Suffolk County Department of Health Services is required that the septic system be raised with retaining walls. On February 4,2009, the applicant submitted a "Plan for Drainage" to the Board, however, it is unclear to what extent(if any) the existing grade (other than the areas within the retaining walls) of the parcel will be changed. It is recommended that the Board clarify if the existing grade will be changed Higher elevations (10,9.8,9.6 and 9.3) of the parcel occur along the northern property boundary and lower elevations occur in the south of the property,adjacent to Old Cove Boulevard. The road bed of Old Cove Boulevard is lower than the parcel with elevations of 7.1 to 7.3. To mitigate potential storm water runoff and subsequent flooding of Old Cove Boulevard the proposal includes a 175' long French Drain on Lot 2 and on portions of Lot 1. Note, however, based upon the parcel topography and septic system retaining walls the proposed location of the French Drain may not be optimal.' It is recommended that the Board require the Town Engineer evaluate the location of the French Drain in context to the existing parcel elevations (7.1), septic system retaining walls,grade changes (if any) and the location of driveways. To further policies 5.1 and 5.5 below: 5.1. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards; and 5.5. Protect and conserve the quality and quantity ofpotable water. A. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies; and It is recommended that the Board also require the following restrictions: 1. Require that all driveways be constructed of pervious materials. 2. Prohibit the use of synthetic fertilizers and herbicides. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: File Kristy Winser, Senior Planner Town of Southold Planning Depanment Staff Report Project: Standard Subdivision for Nickart Realty Preparer Kristy Winser, Senior Planner Date: March 23,2009 I. Site Plan Information Site Plan Name: Nickart Realty SCrMN#: 1000-52-2-13 Street Location: south side of CR 48 Hamlet: Southold Type of Subdivision: Standard 2 lot subdivision Zoning District: R 40 Property Owner. Nickart Realty Applicant: same Agent: Pat Moore Site Plan Prepared By: John T.Metzger Date of Map: 2/10/98 last revised 7/31/08 Date of Submission to Planning Board: 05/11/06 II. Description of Subdivision Project Proposed subdivision Type/ use: Standard 2 lot/ Residential This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. located on the south side of CR 48,approximately 900 feet west of Bayberry Lane, Southold in the R 40 Zoning District. III. Site Analysis SEQRA CLASSIFICATION: Unlisted action- Town of Southold as lead agency granted a Negative Declaration on July 15, 2008. Present Land Use: Residential Existing Structures: Vacant Depth to Water Table: approx. 4 feet Significant Trees on Site: none have been identified IV.Time Line: Date of Zoning Board of Appeals decision#4480:7/24/97 w/ condition (no direct access onto Rt 48) Granted insufficient lot area, lot depth and front yard setback of 32 feet to the north property line and 26.2 ft. south property line. Natural buffer to the southerly and northeasterly property lines will remain intact and maintained. Date of Submission to Planning Board: 5/11/06 Date of approved for Conditional Sketch: 7/15/08 Date of Follow up letter for items required for Conditional Sketch: 8/14/08. Required items requested as part of conditional sketch. -Submit application and fee for preliminary plat and show clearing limits, buffer areas, and building envelope with setbacks designating front, rear,side yards- 5/05/08 (incomplete) -Submit LWRP: submitted on 3/12/09 -Submit DEC permit: Dated 4/6/98 submitted on 9/15/08 -Letter from OPRHP: Submitted on/1/29/09 -Draft DCR's & PPG Fee: Submitted on 8/11/08 -Drainage Plans: Submitted on 2/4/09 -Submit Board of Trustees permit: Advised in conditional sketch and follow up letter dated 8/14/08 that this was required. Not submitted in applicant submission dated 2/4/09 then referred by Planning to the trustees on 2/13/09. Date of submission of above items for preliminary plat consideration: 2/4/09. Maps Referred 2/13/09 to Town Engineer, BOT, LWRP, SCPC, Fire Dept, Building Inspector for comment. Last submission: 3/12/09. Mylars and letter from applicant indicating that all conditions of conditional sketch have been complied with. Scheduled for a work session: 3/23/09 to discuss applicants submission. V: Permits and/or Review Required From Other Agencies • DEC- Letter of non-jurisdiction dated 4/6/98 • OPRHP- Phase IB,no historic or prehistoric artifacts or features were recovered. No further work recommended. • Health Department- Received HD approval 4/25/08. • Southold Fire District- referred to on 2/13/09- adequate fire protection 2/27/09. • Building Inspector Certification- referred to on 2/13/09 • Drainage review from Town Engineer- referred to on 2/13/09 • LWRP review for consistency referred to on 2/13/09-review findings dated • Board of Trustees - referred to on 2/13/09 VI.Staff Recommendations - The Planning Department has completed its review of the submission and recommends for the Planning Board to consider requesting the following missing items be submitted and the following actions be taken: 1. All Map Edits should be shown clearly on the plan as requested as part of conditional sketch and reiterated in a follow-up letter dated 8/18/08. They should include clearing limits drawn on the plan, building envelops with setbacks that are identifiable, and driveways. Larger Maps are recommended so that the plans are more legible and so that all the requested items can all fit and clearly identified on the plans. 2. Identify Pursuant to ZBA decision number 4480 that there "shall be no direct access... ." on the plan. 3. Drainage plans submitted on 2/4/09 did not take into account proposed conditions. Plans need to identify proposed grades, retaining walls and driveways. Further comments may be addressed by the Town Engineer. 4. Recommend for the Planning Board to request comment from the Grief Building inspector on the building envelope areas and clearing limits with regard to proposed grades & elevations for this septic area having retaining walls at approximately 3 feet above proposed grade. This may affect the ZBA decision and setbacks allowed. 5. It is Recommend for the applicant to submit revised maps prior to scheduling a Public hearing for preliminary plat. VII: Materials to aid in review • Aerial view of property PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 March 12, 2009 HAND DELIVERED M i Southold Town Planning Board - Main Road '- PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Sidor: With reference to the above, enclosed please find six (6) paper prints and four (4) mylars of the Health Department stamp approved map. I am enclosing copies of my previous correspondence wherein your items of August 14, 2008 have been complied with. I trust you will now be able to place this on your next available calendar, April 13, 2009. Thank you. Very`tru1y you , —P icia C. Moore PCM/bp encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 February 3, 2009 HAND DELIVERED Southold Town Planning Board - Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Woodhouse: With reference to the above, enclosed please find the following: 1. LWRP form duly completed 2. Six prints of the Road & Drainage plan 3. Tracker Archaeology Services, Inc. Report. Please note that the conclusions of the Phase 1A and Phase 1 B indicates that no historic or prehistoric artifacts or features were encountered. No further work is recommended. This report has been forwarded to the NYS Office of Parks, Recreation and Historic Preservation as evidenced by the enclosed copy of my letter to them. 4. NYS DEC Letter of Non-Jurisdiction previously provided to you on September 15, 2008. 5. Request to the Southold Town Board of Trustees for a Letter of Non-Jurisdiction (see enclosed copy of request). Please be advised that we were informed that since an application was pending in your department that they would not accept our request. Your office needs to request this from them directly. Please provide this office with a copy of the Letter of Non- Jurisdiction as soon as you have received same. 6. Copy of C & R's previously submitted to you on August 11, 2008. Please advise if acceptable so that we may arrange for the recording of same. 7. The final subdivision map was approved by Health Department on April 25, 2008. 1 am enclosing a copy. The maps have been revised in accordance with your July 15, 2008 requirements and are with the Health Department for approval. Please place this matter on your next calendar. Thank you. Very truly yours, Patricia C. Moore PCMlbp encls. C: Nick Paleos Paul A. Caminiti (via email) • i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: 631 765-4330 Fax: ((631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries September 15, 2008 Southold Town Trustees P.O.Box 1179 Southold Town Annes 54375 Rt. 25, Main Road Southold, NY 11971 Att : Jim King, President Re : two lot Subdivision at CR 48 , Southold NY SCTM#1000-52-2-13 Dear Mr. King : Enclosed is a subdivision map for two lots, each lot is 90 feet by 193 feet (17, 438 square feet) along the south side of CR 48 . The property is a wooded lot across from the Town Beach. The Count is currently installing drainage structures along the north side o the property. The proposed lots are landward of Old Cove Boulevard and not waterfront parcels . Across from us on Old Cove Boulevard are waterfront homes with cement bulkheads . We believe that this property is not within your jurisdiction because there are waterfront homes between our parcel and the cement bulkhead along the Cove. The road (old Cove Boulevard) is another 20 feet before your reach my client' s parcel . The Planning Board asked us to confirm that after subdivision the houses will be outside your jurisdiction. Thank you for your consideration. Very,.,_.t-�u,� yours, Patricia C. Moore CC : Planning Board Nickart Realty �Ot1THO�O �1 1 T G 'Qf OISTR SOUTHOLD FIRE DISTRICT February 26, 2009 1'-()_ 1)(�X O08. sox) n l01_F), :v_v. 11971 (031) 705-1 i0 i 1 A\ 16 5 11 765-50-1 0 9 Ms. Kristy Winser, Senior Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: SCTM# 1000-52-2-13 Nickart Realty Subdivision Dear Kristy: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned site plan and found that there is adequate fire protection for this property. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. Sincerely, arol A. Miller Fire District Secretary MAILING ADDRESS: PLANNING BOARD MEMBERS r' P.O. Box 1179 JERILYN R.WOODHOUSE dF S�Ur �� Southold, NY 11971 Chair �d OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd.&Younp Ave.) JOSEPH L.TOWNSEND , Southold, NY Telephone: 631 766.1938 Fax: 631 765-8186 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2009 Ms. Carol Miller c/o Southold Fire District P.O. Box 908 Southold,NY 11971 Re: Request for review on the Standard Subdivision Nickart Realty ,'SCTM#1000-52-2-13 Dear Ms. Miller: The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, ^ Kristy Winser Sr. Planner Encls.: Subdivision Application Subdivision Plat • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF so 6 P.O. Box 1179 JERILYN R.WOODHOUSE ��' ra//_ Southold, NY 11971 Chair � �✓ .OFFICE LOCATION: KENNETH L. EDWARDS 41 Town Hall Annex MARTIN.H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON - (car. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ,�' Southold, NY Telephone:931 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 13, 2009 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Theodore Klein Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Nickart Realty Hamlet/Locality: Southold S.C.D.P.W. Topo No.: Zoning: R-40 S.C. Tax Map No.: 1000 -52-2-13 Major Sub. Minor Sub._x_Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (1)_x_ Road Profiles (1) Drainage Plans (1)_x I Topographical Map (1) Site Plan (1) Grading Plan (1) i i Description: This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in,the R-40 Zoning District, i f Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an (x) Unlisted Action ( ) Type I Action ( ) Type 11 Action 2.. A (x) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (x) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( x )Yes ( )No Comments: We request acknowledgement of receipt of this referral ( x ) Yes ( ) No Referral received 2009 by the Suffolk County Planning Commission and assigned File No. Sincerely, Kristy Winsov, Sr. Planner - ' i i MAILING ADDRESS: PLANNING BOARD MEMBERS sod P.O.Box 1179 JERILYN R.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON Wor. Main Rd. &Younp Ave.) 'JOSEPH L.TOWNSEND Southold,NY e Telephone:881 786-1988 Fax:831 796-8139 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: James Richter, Town Engineer From: Kristy Winser, Sr. Planner Date:,' February 13, 2009 Re: Standard Subdivision Nickart Realty Type of Application Sketch Subdivision Map (Dated:_ X Preliminary Subdivision Map (Dated: 7/31/08 ) Final Subdivision Map (Dated: Road Profiles (Dated: ) X- Grading and Drainage Plans (Dated: 2/4/09 1 Other (Dated• ) Project Description: This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. Additional Comments: The plans dated 7/31/08 show a retaining wall with leaching pools for drainage. .The new grading and drainage plans dated 2/4/09 show a French drain system. This change was not a Planning Board request. Please provide your comments and recommendations by 2/27/09 for the Planning Board's consideration. Thank you. Encl: Site plan MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE - Southold,NY 11971 Chair OFFICE LOCATION. KENNETH L.EDWARDS - - Town Hall Annex MARTIN H.SIDOR 84875 State Route.25 GEORGE D.SOLOMON (cor.Main Rd.&Youngs Ave.) JOSEPH L.TOWNSEND Southold,NY Telephone:68176 5-1988 Fare 631 76"1,36 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Southold Town Clerk for Southold Town Board Michael J. Verity, Chief Building Inspector* Mark Terry, LWRP Coordinator Southold Town Board of Trustees* c From: Kristy Winser, Senior Planner Date: February 13, 2009 RE: Standard Subdivision for Nickart Realty SCTM#1000-52-2-13 The Planning Board refers this standard subdivision application to you for your review,comments, and certification,if applicable. The file is available at your convenience. This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R40 Zoning District. The property is located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold. Thank you for your cooperation. *map attached PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 February 3, 2009 HAND DELIVERED Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Woodhouse: With reference to the above, enclosed please find the following: 1. LWRP form duly completed 2. Six prints of the Road & Drainage plan 3. Tracker Archaeology Services, Inc. Report. Please note that the conclusions of the Phase 1A and Phase 1 B indicates that no historic or prehistoric artifacts or features were encountered. No further work is recommended. This report has been forwarded to the NYS Office of Parks, Recreation and Historic Preservation as evidenced by the enclosed copy of my letter to them. 2008. 4. NYS DEC Letter of Non-Jurisdiction previously provided to you on September 15, 5. Request to the Southold Town Board of Trustees for a Letter of Non-Jurisdiction (see enclosed copy of request). Please be advised that we were informed that since an application was pending in your department that they would not accept our request. Your office needs to request this from them directly. Please provide this office with a copy of the Letter of Non- Jurisdiction as soon as you have received same. 6. Copy of C & R's previously submitted to you on August 11, 2008. Please advise if acceptable so that we may arrange for the recording of same. 7. The final subdivision map was approved by Health Department on April 25, 2008. 1 am enclosing a copy. The maps have been revised in accordance with your July 15, 2008 requirements and are with the Health Department for approval. Please place this matter on your next calendar. Thank you. T� y yours, C. M ore PCM/bp encls. _ C: Nick Paleos Paul A. Caminiti (via email)-W••-- • i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 February 3, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED NYS Office of Parks Recreation and Historic Preservation Historic Preservation Field Services Bureau Peebles island PO Box 189 Waterford NY 12188-0189 RE: SEQRA TWO LOT SUBDIVISION/NICKART REALTY PR# 08PRO4928 Dear Ms. Pierpont: With reference to the above Project Review and pursuant to your October 20, 2008 letter (copy attached), enclosed please find the Phase 1A archeological survey which concludes that no historic or prehistoric artifacts or features were encountered and that no further work is recommended. Thank you. Very truly yours, Patricia C. Moore by _.., encls. C: Nick Paleos Town of Southold Planning Dept. Paul A. Caminiti Esq. e`rJetiYork State Depaieent of Environmental _ Conservation Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 _ Phone: (631)444-0365 • FAX: (631)444-0360 Website: www.dec.state.ny.us Nick Paleos February 16, 2007 Artemios Gavalas Nickart Realty Corp. 775 Brooklyn Avenue Baldwin, NY 11510 RE: 1-4738-01885/00001 Nickart Realty Corp. Property, 53400 North Road (C.R. 48), Southold S.C.T.M. #1000-52-2-13 Dear Messrs. Paleos and Gavalas: This is in response to your request for a Non-Jurisdiction determination from this Department for the property referenced above. This Department made a determination regarding the limits of Article 25 (Tidal Wetlands) jurisdiction for this property on April 6, 1998, a copy of that letter is enclosed. This office does not make repeated determinations for the same site. The limits of our jurisdiction were indicated in our original Non-Jurisdiction letter and unless substantial changes in site conditions have occurred, this letter remains in effect. Additionally, since the letter of Non- Jurisdiction is always issued for the property and not to the owner, it is not necessary to transfer the letter to a new owner. The original letter should be saved for your future reference. Please do not hesitate to call me at (631)444-0369 If you have any questions or you wish to discuss this matter further. Sincerely, 00"ALL�u Kelly Ann Feli e Agency Program Aide CC: Patricia C. Moore NYSDEC, Marine Habitat Protection file Enclosures hrew York State Department Environmental Conservatio• Building 40-SUNY,Stony Brook,New York 11790-2356 Telephone 516) 44 -0360 Facsimile (516)444-0360 Iftow NNW John P.Cahill TIDAL WETLhND LETTER OF NON URTSDT mrOZ Commissioner Nickart Realty Corp. April 6, 1998 c/o Nick Paleos,President 775 Brooklyn Avenue Re:UPA#1-4738-01885/00001 Baldwin, NY 11510 53400 Route 48 Southold SCTM# 1000-52-2-P/0 13 Dear Mr. Paleos: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The referenced parcel is landward of a substantial man-made structure (paved road-Route 48) greater than 100 feet in length constructed prior to August 20, 1977 to the north (Long Island Sound) and landward of the 10 foot elevation contour on a gradual, natural slope to the south (Old Cove) , as evidenced on Tidal Wetland Map#716-550 and infra-Red photo#685 and the Southold USGS Quadrangle respectively, and is therefore beyond Article 25 (Tidal Wetlands) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility 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 which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15 , to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. S cer y, TZkV cc:BMHP P it Administrator W. Sambach Sr. r dl 44 ---- -- - - r lq9 3,ymb' ,• 74L d� . .-�. +�'►st-#1. 'I��2� +�w 1.. __. . 70� d� -. _... -._.. YQ:' ... _F ... 1't � + 'k_ _;_'1 '__ _- i, c. �w ♦/ � � _ bo'. - _L IS�� I - �' > i , ly' 3 �111 I � o� � J. � � �.- S �� x�e�r•�. '` " � � � •� t" �� 0 ., (_�itl - 4f'I• '� Qom• _ _ �.. ��"'��'-,�.*i!t) ^ LEONAAD = _ g`i' 1 -19' N r� o i e-40 �' d 1p 2 t— + 1IDUSi tLE 1 SII — � � ��c� . .-_ . .. _._ _ -rah.-�►_ ._. ._ � • ° �' !or our lzz� ¢oqp v �. ow s� 4aPVr4 I MO SO tova Y Fo61r vlet --•�------- o - - y fa--y^-i Mu"F w�bw0 =., _' ¢a•d�i wA7sQ s.`�+Grts � W 1 ' : ��-' �� SAC 4HHTIA'RFS `. NAME FfiOER OLD COVE 1� �oQgpFESS/g1,A� v FLOOD FLA 14 204f Ab i `W2b�PPREM&' / Flow Ft/w- GUN J• 102-o, S I T E P L A N T¢ - ro sstwlH s�i #1t, SCALE: t•e,o MIAW Hkr>SE `tv E"14W Y3770 / A1E STAtE� p PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 1 1952 Tel: 631) Fax:(631) 765 46403 Margaret Rutkowski Betsey Perkins Secretaries September 15, 2008 Southold Town Trustees P.O.Box 1179 Southold Town Annes 54375 Rt. 25, Main Road Southold, NY 11971 Att: Jim King, President Re : two lot Subdivision at CR 48, Southold NY SCTM#1000-52-2-13 Dear Mr. King : Enclosed is a subdivision map for two lots, each lot is 90 feet by 193 feet (17, 438 square feet) along the south side of CR 48 . The property is a wooded lot across from the Town Beach. The County is currently installing drainage structures along the north side of the property. The proposed lots are landward of Old Cove Boulevard and not waterfront parcels . Across from us on Old Cove Boulevard are waterfront homes with cement bulkheads . We believe that this property is not within your jurisdiction because there are waterfront homes between our parcel and the cement bulkhead along the Cove. The road (old Cove Boulevard) is another 20 feet before your reach m client' s parcel . The Planning Board asked us to confirm that after subdivision the houses will be outside your jurisdiction. Thank you for your consideration. Very.-tTuly yours, �--Patricia C. Moore CC : Planning Board Nickart Realty PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 August 11, 2008 Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Woodhouse: With reference to the above enclosed please find my client's check in the amount of$7,000.00 representing the Park & Playground fee together with a copy of the C & R's. Please review the C & R's and advise if acceptable to you. Thank you. Very truly yours, Patricia C. Moore PCM/bp encls. 3 NICKART REALTY CORP. 6041 775 BROOKLYN AVE. i BALDWIN, NY 1 1 51 0-2648 y� I 1-32/210 PAY ^ , � ' ( r TO THE 1 ,V7�1 \'i\ � ORDER OF DATE �'�� I.; � � i ) $ vim •;muil 4Y61 DOLLARS u ,4 Fleet '� � � NI RT EAL CO i 9I035 Haka O/he } BakNin.Nnv)bk 11510 FOR 1I.0 0 6 0 4 1 u■ ; "---..,_ ------------ -----""0 2 1000 3 2 21■ 2035r. 0953711■ DECLARATION AND COVENANT Z� THIS DECLARATION made the' day of IAco'"'•2008, by NICKARTY REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 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 Nickart Realty", as shown on map entitled "Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors, Inc., dated February 10, 1998 and last revised on April 1, 2008, 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. No further subdivision of any of the lots on the approved subdivision map in perpetuity. b. No changes to any of the lot lines without Planning Board approval. c. 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, pursuant to Chapter 236 Stormwater, Grading and Drainage control Law of the Southold Town Code. d. No direct access, curb cuts or driveways from or to County Road 48 from the parcels. 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. s � 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. NICKART REALTY ORP. BY: 1�\ NICK PALEOS State of New York ) ss: County of&I �(�� ��/ �/ On this t day ofT"P�LJ-cl�Q 2008 before, the undersigned, personally appeared NICK PALEOS, 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. gt"A.FARRELL NOTARY PUBLIC,STATE OF NEW YOt,K ,,,,No.OI FA5046894 QUM]FIEO IN NASSAU couNTY Mp,�1�N00RED JULY17,2 Notary Public 01-22/2009 11:04 FAX 631 765 3 MOORE LAW OFFICES Planning Board [A 001 40 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C.Moore. This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. TO: K, p ST� FAX NO: RE:A\)\0C 2 DATE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: OPERATOR: comments: i 01/23/2009 11:05 FAX 631 765 4643 MOORE LAW OFFICES Planning Board IA 002 1 0i/22/2009 13:26 8457082 TRACKER ARCHAF&Y PAGE 01 7!R114 CKER 62 Plakarel Road • )Monroe,783-40 New York 10950 (845)783-4082 loV Services, Inc. North Babylon,NY 11703•(631)321-1380 January 22, 2009 Attn: Pat Moore Attorney at Law 51020 Main road Southold, NY 11971 Re: completion of final report INVOIC& The final report on the Phase I archaeological investigation for the proposed Nickart subdivision in Southot) has been completed. No further work has been recommended. Please pay the final amount of $1, 150.00. Four original copies of the final report will be sent to you via overnight mail upon receipt of final check. Thank you for the business. - • r _.; •- Sincere ly, -- Alfred Cammisa Total for Phase I = $2, 300.00 ' Retainer paid - $1, 150.00 Due now - $1, 150.00 (please mail to Monroe address) PATRICIAC. MOORE, ATTORNEY ARAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE /(1 SUBJECT 1 lnn 11( I New York State Departent of Environmental • Conservation _ Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 • FAX: (631)444-0360 Website: www.dec.state.ny.us Nick Paleos February 16, 2007 Artemios Gavalas Nickart Realty Corp. 775 Brooklyn Avenue Baldwin, NY 11510 RE: 1-4738-01885/00001 Nickart Realty Corp. Property, 53400 North Road (C.R. 48), Southold S.C.T.M. #1000-52-2-13 Dear Messrs. Paleos and Gavalas: This is in response to your request for a Non-Jurisdiction determination from this Department for the property referenced above. This Department made a determination regarding the limits of Article 25 (Tidal Wetlands) jurisdiction for this property on April 6, 1998, a copy of that letter is enclosed. This office does not make repeated determinations for the same site. The limits of our jurisdiction were indicated in our original Non-Jurisdiction letter and unless substantial changes in site conditions have occurred, this letter remains in effect. Additionally, since the letter of Non- Jurisdiction is always issued for the property and not to the owner, it is not necessary to transfer the letter to a new owner. The original letter should be saved for your future reference. Please do not hesitate to call me at (631) 444-0369 if you have any questions or you wish to discuss this matter further. Sincerely, n n Kelly Ann Feli e Agency Program Aide CC: Patricia C. Moore NYSDEC, Marine Habitat Protection file Enclosures --� New York State Department of Environmental Conservation Am 40-SUNY,Stony Brook,New York 11790-2356 Telephone(516)444-0365 Facsimile (516)444-0360 Iftwe NNW John P.Cahill TIDA_ L 1rETt_sNn LETTER OF NON J17RrgDrCTrpp Commissioner Nickart Realty Corp. April 6, 1998 C/o Nick Paleos,President 775 Brooklyn Avenue Re:UPA#1-4738-01885/00001 Baldwin, NY 11510 53400 Route 48 Southold SCTM# 1000-52-2-P/0 13 Dear Mr. Paleos: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The referenced parcel is landward of a substantial man-made structure (paved road-Route 48) greater than 100 feet in length constructed prior to August 20, 1977 to the north (Long Island Sound) and landward of the 10 foot elevation contour on a gradual, natural slope to the south (Old Cove) , as evidenced on Tidal Wetland Map#716-550 and Infra-Red photo#685 and the Southold USGS Quadrangle respectively, and is therefore beyond Article 25 (Tidal Wetlands) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility 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 which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15 ' to 20 ' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. S ' cer ly, cmBMHP P it Administrator W. Sambach Sr. � l J • 1 r f 1 t s Low 2 --- - - --- -- - - G - - -- - O -m-- 9do' - 1) °- 59! to" it l93,ebb' _ �✓ ,?.To O .! 71LLs- I .. -- v- LEONARD ..- - 7_. - -- S �I i ii - I t,11T1 _' •{ �'t`Z � ! d O d U_ _ -d} Lwy P� -tn,4f# 4F V' yry,. I ,310' z rt l t� i i HDUSi `{LE 4%5S4 in IL Tj _ - ccar' vi�t Ra�d�,l WATMt Sr@>tirCt: •°�°�+� R�a.o� Wf iACH►NtT1Ai1i8 ;. MANIE FEDEn ql I I A . . OLD COVE . � .r---'.. "- — _ - c. • �3 _� Ip ise�a A <F FLOO 0 PLA 14 204 Ab SITE PLAN F1erp7f 6uv + ►.2.0' r�rlr t4 ! 4p Ted- To s2rs141r\, . 9 y. SCALE' t•=.o' UIAW Hkr7&E TO ¢M10 - T7/ESTAZE� firll PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries September 15 , 2008 New York State Office of Parks Recreation and Historic Preservation Peebles Island Resources Center P.O.Box 189 Waterford, NY 12188-0189 ���,i�1 Re: two lot Subdivision at CR 48 , Southold NY SCTM#1000-52-2-13 Dear Sir or Madam: Enclosed is a SAAF together with a survey of a two lot subdivision. The overall parcel is less than one acre, each lot is 90 feet by 193 feet (17, 438 square feet) . To mitigate visual impacts and ground disturbance the Planning Board has required a 15 foot vegetative buffer along the north property line and we are limited to 25%- clearing of the property. The County of Suffolk is in the process of completing a significant drainage project adjacent to the property, along County Route 48 , which has placed multiple drainage catch basins along the entire north side of the subject property in the County right of way. Enclosed are photographs of the project area, Suffolk County Tax Map and Hagstrom. We respectfully request that this project be exempt from preparation of an archeological survey, as the property has been the subject of substantial and continuous ground disturbance and there are no historic structures or evidence of cultural artifacts on the property. I have enclosed an aerial photograph taken in the late 70 ' s which shows that the entire parcel was cleared. This parcel was formerly a motel parking lot . I have also enclosed a copy of the 1955 filed map which shows the parcel as a "motel site" . As can be seen on the filed map, the subject property was developed in 1955 as a dense summer community of 10 , 000 sq. ft . Lots . The shoreline to the south of the parcel contains cement bulkhead which surrounds the cove . To the north is County Road 48 , a major highway which runs the length of the east end of the north fork of Long Island. In addition, significant disturbance has occurred by the County' s installation of drainage running along the entire length of the parcel . Further to the north of this parcel is the Southold Town Beach parking area which contains a large asphalt parking lot and County drainage and the public Town beach. The parcel to the west is a parking lot for a motel and motel building. The likelihood of finding any culturally significant artifacts is highly unlikely. we therefore ask you to waive the preparation of a phase I survey. Thank you for your consideration. Ver y yours, P icia C. Moore CC : Planning Board w/encl Nickart Realty 95-20-7 (5/93) New York State Department of Environmental Conservation Ank Supplement to Joint Application for Permit taboo STRUCTURAL ARCHEOLOGICAL ASSESSMENT FORM (SAAF) PART 1 --APPLICANT COMPLETES �7APPLICANT INFORMATION 1. Applicant Name r—(1l0C-r-G Applicant Address J LOZO air% '(5OLV0100 PM PROJECT INFORMATION 3. Pro'ect/Facili Name 15J ,v ,on at i f2aA 4. Pro'ect/Facili Location I South SrcAe Wort-kQ K qoo Fee�F weSr E{- f/ Lcvruz o 5. Is the proposed project adjacent to, or does it contain a ; ❑ Yes building or structure listed in the State or National Register of Historic Places? I No 3. Are any buildings or structures adjacent to or within the ; ❑ Yes proposed project area 50 yrs of age or older ?1 oov- X❑ No 5 � If the answer to question 5 and/or 6 is yes, provide the following information for each building and structure use attachments if necessary): a. Name of structure I \ra,t^-cuo-f- f.NJ& Lnh b. Location QJA C. Type of structure (ex. house, outbuilding, barn, bridge,; 1,J)A dam ruins I d. Approximate age or date of construction 7. Might the proposed project have any impact (physical/; ❑Yes visual) upon any buildings or structures listed in the State; or National Register of Historic Places or built prior to; [91No 1940? If yes, describe brief) use attachments if necessary) APPLICANT SECTION CONTINUES ON REVERSE SIDE Reset (5/93) SAAF PART 1 --APPLICANT COMPLETES Provide photographs of every building and structure that may be impacted by the project as described in number 7, on the opposite side of this page. The following standards are recommended: CNo Q—*uctures� • Minimum of 2 photographs • Minimum size 4"X 4" prints from negatives preferred; polaroid photos are acceptable • Photos must be clear and focused • Clearly label photos so it is obvious what is being illustrated; key photos to map or plan, if possible • Photo 1: show both the entire front and side of the structure in a single shot from as close to the building as possible. Be sure the structure is not partially or fully blocked by trees or other obstructions Photo 2: show relationship of building structure to roadway or surroundings Has the land within the proposed project area been! ®Yes tOf`Q previously disturbed or altered (excavated, landscaped) t°'r�cI,� Lck filled, utilities installed)? 1 �No 11tc1c°f If yes, describe briefly, including depth of disturbance use attachments if necessa �eccnt— vo — �� c• YYl 0.nj (`na}c Q 0. Approximate percentage of proposed project area 0-10% with slopes: 110-15% % 115% or greater O % 1. Approximate percentage of proposed project site with 'I Well drained l DO % the following drainage characteristics: d Woderately well drained °/ !Poorly drained % re ared B Print or type-game): cx-t c.¢s C t`noO r-e.. ignature: ;Date: Reset 0 • (5/93) SAAF PART 2 - - DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC COMPLETES APPLICANT/PROJECT INFORMATION Applicant Name 1 2. Project/Facility Name I 3. DEC Number i BUILDINGS AND STRUCTURES Might the proposed project have any impact; ❑Yes (physical/visual) upon any buildings or structures listed; in the State or National Register of Historic Places or; No built built prior to 1940? f yes, DEC must consult with the Office of Parks, Recreation and Historic Preservatio OPRHP). DEC must request a determination of eligibility for the State Register of Historic laces and/or comments regarding project impact. Include information supplied by the licant in res onse to guestions 5 6 7 and 8 of Part 1 of this form. ARCHEOLOGICAL SITES 5. Does the proposed project area coincide with a circle,; ❑Yes square or stippled area on OPRHP's Statewide; Archeological Inventory Map? I ❑No 3. Is the proposed project area outside of a circle or; ❑Yes square, but one for which information has been pro-; vided (ex: documented reports of known sites) that; ❑No suggests the area is archeologically sensitive? If yes, what is the nature and source of information? Oyes 7. Is the proposed project area apparently undisturbed? []No 3. Will the proposed action include a physical disturbance ❑Yes of the project area? ❑No I ❑Yes Is the slope in the area characteristically less than 15% (unless on limestone/flint escarpments)? I I No 0. Is the proposed project area characteristically ❑Yes moderately well or well drained? I [:]No If the answers to 5, 7-10 are yes, an archeological survey should be performed by the applicant. Provide the applicant with a copy of Report Format for Cultural Resource Invest; ations and a list of archeological consultants. If the answer to 5 is no, but answers to 6-10 are yes, DEC must consult with OPRH before reouiring that the aprAcant gerform an archeological survey. DEC SECTION CONTINUES ON REVERSE SIDE (5/93) SAAF PART 2 -- DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC COMPLETES RESULTS OF EVALUATION ❑SHPA-1 No buildings, structures or archeological sites identified at the project location. ❑SHPA-2 Buildings, structures or archeological sites identified, but no impacts will occur, no survey required. No further cultural resources review required. ❑ I ❑Structures Consultation by DEC with OPRHP required. ❑Archeology ❑ Archeological survey required. [!pared by: Date: • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE ����0� so�ryo�o Southold, NY 11971 Chair y OFFICE LOCATION: KENNETH L.EDWARDS '! Town Hall Annex MARTIN H.SIDOR H ae 54375 State Route 25 GEORGE D.SOLOMON 1 • �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND DI COU.M Southold, NY 111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2008 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: Thank you for your submission on August 11, 2008 of the check for the Park & Playground fee in the amount of$7,000 together with a copy of the C & R's in connection to the above referenced application. I will be forwarding the C & R's to the Town Attorney for review however there are several items in addition to your submission, necessary as part of the Conditional Sketch approved by the Planning Board. Below is a list of conditions addressed in the resolution required for further review of this application. 1. Preliminary maps should contain the following revisions: a. Show the amount of clearing for each of the lots pursuant to Section 240-46(C) of the Town Code. b. Depict a natural or planted vegetated buffer on Lots 1 and 2 adjacent to County Route 48. The natural buffer shall run for a distance of 387.76' east/west 15 feet in depth. Include the natural buffer within the clearing limits. The natural buffer shall be shown on the Preliminary Plat or Plot Plans attached to the Preliminary Plat and be labeled "Natural Buffer". c. Show building envelope with setbacks from property lines. Designate front, side, or rear yard and have dimensions reflect the setback designated by the applicant. 2. Submission of a completed Town of Southold Local Waterfront Revitalization Program Coastal Consistency Review Form. Proposed Standard Subdivision of Nickart Realty Pg. 2 3. Submission of a permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation and the Southold Town Trustees for the proposed project. 4. Submission of a letter from the New York State Office of Parks and Recreation and Historical Preservation (OPRHP) advising as to any archeological and historical significance. 5. Six Draft Preliminary Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. (1) Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. (2) Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: (a) Fire wells or fire hydrants. (b) Topographical contours at an interval that will accurately depict the slope and contour of the site. (c) Drainage calculations and design indicating all drainage structures and locations. (d) All existing and proposed easements indicating width, area and purpose. It should be noted that additional comments will be provided following full review by staff, the Town Planning Board, Town departments and involved/interested agencies. If you should have any questions or require additional information, please do not hesitate to contact this office. Sincerely, In ty . ser Senior Planner cc: Planning Board Heather Lanza, Planning Director • • flu PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 August 11, 2008 Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Woodhouse: With reference to the above enclosed please find my client's check in the amount of $7,000.00 representing the Park & Playground fee together with a copy of the C & R's. Please review the C & R's and advise if acceptable to you. Thank you. fuly yours, a �Aodr f PCM/bp encls. DECLARATION AND COVENANT Z� (� THIS DECLARATION made the' day of �2008, by NICKARTY REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 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 Nickart Realty", as shown on map entitled "Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors, Inc., dated February 10, 1998 and last revised on April 1, 2008, 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. No further subdivision of any of the lots on the approved subdivision map in perpetuity. b. No changes to any of the lot lines without Planning Board approval. c. 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, pursuant to Chapter 236 Stormwater, Grading and Drainage control Law of the Southold Town Code. d. No direct access, curb cuts or driveways from or to County Road 48 from the parcels. 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. NICK`AnRT REALTY ORP. BY: NICK PALEOS State of New York ) ss'. County of A61 ��111',,,M..,,�� On this 1 day ofl'"1 r2008 before, the undersigned, personally appeared NICK PALEOS, 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. St19AN A FAMELL NOTAgx PUBLIC STATE OF NON YWY, ,;No. oSFA5046894 QUAIU•IED IN NASSAU COUNTY 1XJ" COiM al)Xr;xPJFMD ,AA•Yn,z Notary Public iMAILING ADDRESS: PLANNING BOARD MEMBERS �a SOU P.O. Box 1179 JERILYN B.WOODHOUSE 0� lyOl Southold, NY 11971 Chair 0 OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR G Ar 54375 State Route 25 GEORGE D.SOLOMON %�`� �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND IyCOUNl,N Southold, NY IY 1, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE July 15, 2008 TOWN OF SOUTHOLD Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, July 14, 2008, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide a .8011 acre parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for sketch approval was submitted on May 11, 2006; and WHEREAS, on July 10, 1997, the Zoning Board of Appeals granted an area variance (No. 4480) for the proposed action with the following condition: 1. "There shall be no direct access, curb cuts or driveways from or to County Road 48 from the parcels"; and WHEREAS, on November 13, 2006, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval upon the map entitled "Subdivision For Nickart Realty", dated February 10, 1998 and last revised April 1, 2008, prepared by Peconic Surveyors P.C., subject to the following conditions: tZ 1. Submission of the application and fee for preliminary plat approval. The preliminary map should contain the following revisions: Proposed Standard Subdivision of Nickart Realty Pg. 2 a. Show the amount of clearingyeach of the lots pursuant to Section 240-46(C) of the Town Code. b. Depict a natural or planted vegetated buffer on Lots 1 and 2 adjacent to County Route 48. The natural buffer shall run for a distance of 387.76' east/west 15 feet in depth. Include the natural buffer within the clearing limits. The natural buffer shall be shown on the Preliminary Plat or Plot Plans attached to the Preliminary Plat and be labeled "Natural Buffer". c. Show building envelope with setbacks from property lines. Designate/ front, side, or rear yard and have dimensions reflect the setback designated by the applicant. 2. Submission of a completed Town of Southold Local Waterfront Revitalization/ Program Coastal Consistency Review Form. 3. Submission of a permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation and the Southold Town Trustees for the proposed project. 4. Submission of a letter from the New York State Office of Parks and ✓ Recreation and Historical Preservation (OPRHP) advising as to any archeological and historical significance. 5. Submission of Draft Covenants and Restrictions containing the followino-Z clauses: a. There shall be no direct access, curb cuts or driveways from or to County Road 48 from the parcels, b. There shall be no changes to any of the lot lines without Planning Board approval. c. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on-site. d. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. 6. The submittal of the Park and Playground Fee in the amount of$7,0 0� ($7,000 for each new lot created). V 7. Six Draft Preliminary Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicatd-fhe proposed construction and/or development. Proposed Standard Subdivision of Nickart Realty Pg. 3 (1) Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications, oaf the Code. (2) Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: (a) Fire wells or fire hydrants. (b) Topographical contours at an interval that will accurately depict the slope and contour of the site. (c) Drainage calculations and design indicating all drainage structures and locations. (d) All existing and proposed easements indicating width, area and purpose. Note that specifics regarding map changes, content of the Covenants and Restrictions and other legal documents and other submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the Environmental Review and referral of the plans to the other involved agencies. The applicant is advised that Covenants and Restrictions and/or design changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, the Town Engineer and the Suffolk County Planning Commission. Therefore, this approval and all its conditions are subject to change. Sketch plan approval is valid for six months. Within six months of the date of this approval, a preliminary plat application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Ce Jerilyn . Woodhouse Chairperson cc: Patricia Finnegan, Town Attorney PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins "Secretaries` June 17, 2008 p Ms. Jerri Woodhouse, Chairwoman and - Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: Subdivision SCTM#1000-52-02-13 .=xd Dear Ms. Woodhouse: On May 11, 2006 I filed a current application for a standard subdivision for 2 lots. The subject lots are undersized therefore they were approved by the ZBA. The access to the lots is from Beverly Road& Old Cove Boulevard, not from CR 48. Therefore there are no access or drainage issues relevant to a Town or County road. The Town code requires each lot to contain its own drainage. On June 16, 2006 the SEQRA determination was issued but the Sketch plan approval was delayed because staff did not believe that the subdivision would be approved by the Health Department. While this was no reason to delay the action, the Health Department ultimately approved the plan and the Health Department stamped maps were filed with the Planning Board on May 5, 2008. The Preliminary map application and $1,000 filing fee was submitted to the board on May 5`h together with the original H ent stamped maps and mylars. Enclosed is the final map application d $500 filing f . It is my understanding that this matter will be placed on the July meeting for approval of sketch plan and the scheduling of the public hearing for August. If you have Planning Board Covenants proposed please provide me the draft language so that I can have the covenants ready for the public hearing. The resolution approving the subdivision (preliminary map approval) could be adopted in August, final map may be waived with authorization to sign the maps upon proof of recording the covenants. If you wish to discuss this further please do not hesitate to contact me. y yours, LPir-icia C. Moore cc: Nickart Realty PATRICI C. MOORE, ATTORNEY AT LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE PEE - To JUN 1 7 Wl . J 5^utnoM Town a7i- ,toad-o e7 c ??af SIGNED.- CONSULT YOUR LAWYER FORE SIGNIN0 THIS INSTRUMENT-THIS INSAINT SHOULD BE USED BY LAWYERS ONLY LIN 9138P4GE257 . -- -- F f THIS INDENTURE,made the 21st day of January ; nineteen hundred and ,eighty- two BETWEEN r _ 1865 f, 2,l•%� Helmut Hass, a/k/a .Helmuth Hass, residing at Aor )Road, Peconic, New York party of the first part,and Nickart Realty Corp. , a domestic corporation having its office and principal place of business at <2IJ3,20 ..G tarf& AVekA, Baldwin, L,IY 11510 party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN ($10.00 ) DOLLARS-----------------------dollars, law ftit tnoneyof the United States, and other good and valuable consideration paid LCK by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or zle �( LR ie i successors and assigns of the party of the second part forever, .. i. ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of Plow hl York, bounded and described as follows: (� BEGINNING at a point formed by the intersection of the southerly line 8 of Middle Road (North Road Co. 48, fmly Co. Rd. 27 ) and the easterly side of a 20 foot private road known as Beverly Road, said point also being distant 880 feet westerly when measured along the southerly side of Middle Road, from the westerly side of Bayberry Lane, said point being the northeasterly corner of the premises herein described: �I RUNNING THENCE south 610 59 ' 10" west along the southerly line of the I middle Road, 387. 76 feet to a point;. R TM ENCE south 310 40' 50" east , 90.18 feet to a point in the center IyU line of a 20 feet private road known as Old Cove Blvd., 9 THENCE north 610 59 ' 10" east , along the center line of Old Cove noulevard and parallel with the southerly line of middle Road, 387 .76 [% f-et through said private road known as Beverly Road to a point on the easterly side therof. 'I'lTENCF' north 310 40 ' 50" west along the easterly side of Beverly Road 90.113 feet to middle Road at the point of place of BEGINNING. O 1SG5G @RECIEIVEP p.......c:.� REAL [STAYS FEB 3 1g82 .r 'a LIMR9138 GE 250 SUBJECT to the rights of others to' pass and repass for ingress and egress over private roads known as Beverly Road and Old Cove Blvd. ` €- tom« for t r . ess s ov , SUBJECT to any state of facts an accurate survey might show, and to covenants, restrictions, easements, agreements and zoning regula- tions of record, specifically the Long Island Lighting Company ease- ment, L. 4333 cp 257 and L. 6158 cp 81, affecting the southerly 10 feet of Old Cove Blvd. and. the easterly, 10 feet of the premises (the easterly 1.0 feet of Beverly Road) ,and easement to lay and maintain a water line, L. 8936 cp 199. BEING and intended to be/ebgasrtdm?fpremises in each of three deeds to the party of the first part made ;by W"liam A. Richmond, et ux, re- corded in the Suffolk County C1'';W a'Y'&tfice in libers (1) 3598 cp 291, ( 2 ) , 3598 cp 293, and ( 3) 3634 cp 435. SIB �,i9138����2�9 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party' shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duty executed this deed the day and year first above • written. IN PRESENCE OF: STATE OF NEW YORK. COUNTY OF *FOLK SS: STATE OF NEW Y01COUNTY OF SS: .On the 21st day of :.'January 1982 , before me On the day of 19 personally came , before me Helmut Hass 444 f/61M0,Tif ;I" personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. i/ :.. HOT � �/11 '1 li wl! in ,d IoIL.0 (;prtunl»;up Li.Viio= tA�rch 30. t`) !� STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: ' On the day of 19 before me On the dayof personally came 19 before me personally came to Ine known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly that he is the i sworn,, did depose and say that he resides at No. of that he knows the corporation described in and which executed the foregoing instrument, that be to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. Vargain nub #air Verb -P c s 7- 1 o 6o WITH COVENANT AGAINST GRANTORS ACTS SECTION 52 LE NO. �., _r1S�1\ BLOCK 2 Helmut Hass LOT 13 TO COUNTYOR 'TOWN Southold Nick Paleos a�ewr STANDARD FORM OF i Return by Mail to NEW YORK BOARD OF TITLE UNDERWRITERS Thomas J. Lukas, Esq. Distributed by 32-21 Broadway T.P.S. ABSTRACT CORPORATION Long Island City, NY 11106 350 OLD COUNTRY ROAD 212-728-2772 GARDEN CITY, NEW YORK 11530 Zip No. ILNassau - 248-6550 Suffolk - 273 8000 U LL 0 z Z O i N z 0 LL W U d N 7 W K I , 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 16, 2008 at 4:15 p.m. 4:15 p.m. Review Special Meeting Agenda 4:30 p.m. Special Meeting 4:45 p.m. Allan Connell, Natural Resources Conservation Service, USDA 5:00 p.m. Site Plans & Subdivisions Site Plans: Hudson City Savings Bank Plaza, a.k.a. End of SCTM#: 1000-122-3-1.2, 2, 5.1, 17 the Road, LLC Location: 11520-11750 NYS Road 25 in Mattituck Description: Two new buildings: one office building, 9,986 square feet, and one bank, 3,241 square feet on a 1.9 acre split-zoned parcel in the General Business and Residential-40 Zoning Districts. Status: Application review Action: Review site plan and comments from other agencies. Chase Bank, Southold SCTM#1000-61-4-1 Location: southeast corner of the intersection of NYS Route 25 and Wells Avenue, known as 53530 Main Road, in Southold Description: new construction of a 3,780 sq. ft. bank with two drive-through bays on a vacant 99,209 sq. ft. (2.28 acre) parcel in the HB Zone Status: new application Action: Accept application, declare Lead Agency, refer out and conduct coordinated SEQR review. Attachment: Copy of letter to applicant, staff report from NPV Subdivisions: Nickart Realty SCTM#1000-52-2-13 Location: south side of North Road, approximately 900 feet west of Bayberry Lane, in Southold. Description: Proposal to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. Action: Review proposed subdivision. PATRICIA C. MOORE l� Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 5, 2008 Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: NICKART REALTY SUBDIVISION PREMISES: CR 48, NEW YORK SCTM: 1000-52-02-13 Dear Chairperson Woodhouse: With reference to the above enclosed please find the application for preliminary plan approval together with my clients check in the amount of$1,000.00 representing the application fee. Also enclosed 5 mylar prints and 6 paper prints signed by the Health Department. Thank you. Patricia C. Moore PCM/bp encls. • Sr _ RT New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 -3409 Phone: (631)444-0403 FAX: (631)444-0360 _ Denise M.Sheehan Commissioner LEAD AGENCY COORDINATION RESPONSE December 14, 2006 Anthony P. Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 1 �� Re: LEAD AGENCY COORDINATION REQUEST Standard Subdivision of Nickart Realty s/s North Road, 900' w/o Bayberry Lane Southold, NY 11971 l� i SCTM# 1000-52-02-13 Dear Mr. Trezza: This letter is in response to your Lead Agency Coordination,-Request of November 13, 2006 regarding lead agency coordination for the above project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. The southeastern portions of this site appear to be located in the adjacent area of NYSDEC regulated freshwater wetland #SO-43. Please advise the applicant that the undertaking of any regulated activity within 100' of this freshwater wetland will require a Freshwater Wetland Permit from this Department. Please also advise the applicant that if the proposed subdivision is located within 300 feet of tidal wetlands, a permit is required from this Department. If you have any questions, please call me at 631-444-0403. Sin, rely, Sherri Aicher Environmental Analyst New York State Department of Environmental Conservation _ Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631)444-0403 FAX: (631)444-0360 _ Denise M.Sheehan LEAD AGENCY COORDINATION RESPONSE Commisioner December 14, 2006 Anthony Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Proposed Standard Subdivision of Nickart Realty s/s/o North Road, 900' w/o Bayberry Lane Southold, NY 11971 SCTM# 1000-52-02-13 Dear Mr. Trezza: This letter is in response to your Lead Agency Coordination Request o) uust1.0, 2004arding lead agency coordination for the above project pursuant to the.. tate EnV 6hiTi—tal Quality Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that if the property referenced above is located within 300 feet of tidal wetlands, the proposed subdivision will require a Tidal Wetland Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, 4A al�� Sherri icher Environmental Analyst COUNTY OF SUFFOLK • S�� (a STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DA"D D. GRAHAM, M.D., M.P.H. AORNO CAMMIS$IONER October 30, 2006 Nickart Realty Corp. J (3 775 Brooklyn Avenue Baldwin, NY 11510 Attn: Mr. Nick Paleos Subject: Board of Review Hearing— October 19, 2006 S 10-98-0003 — Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 Dear Mr. Paleos: Enclosed is a copy of the findings, recommendations and determination of the Board of Review concerning the subject application. Based on the information submitted, the Board granted the request for variance/waiver with the provisions indicated in the determination. The granting of this waiver does not imply that your application will be automatipally=appr6�ed' It is Your responsibility to ensure that your application is corn let y our approval will '.s' r. buject to unnecessary delay. Ve truly yours, D I tephe A. Costa, P.E., Chief Engineer 9 ' Chai an, Board of Review Enclosure - C: Board of Review File— Yaphank Ms. PaMcia Moore, Esq. Mr. Douglas Feldman, P.E. —Reviewer Mr. Michael Pisacano Mr. Andrew Freleng—Planning Department Mr. Irving &Ms. Virginia Feder Ms. Lauretta Fischer—Planning Department Ms. Gloria Praetz Ms. Eileen Cantone—OWM PI lippides Living Trust Ms. Valerie Scopaz—Town of Southold ♦DIVISION Of ENVIRONMENT I.OVALIT ♦ BOARD OF REVIEW 4 360 YPPHANK AVENVE,SU1 ZB ♦Y PHANK NY I 1 BBO♦ PHONE(631)852-580 1 FAX(831)B5Z-SBZ5 F SUFFOLK 1 01UNTY DEPARTMENT OF HEALTHIERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2, SECTION 220, SUFFOLK COUNTY SANITARY CODE To: David G. Graham, M.D., M.P.H., Acting Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 Hearing Date: October 19, 2006 Statement of Problem Parcels served by public water and individual sewage systems in Groundwater Management Zone 4 must have a minimum lot area of 20,000 square feet, or equivalent yield, in accordance with Article 6, §760-605, paragraphs A.3 and B.1 of the Suffolk County Sanitary Code. The applicant is proposing lot sizes less than 20,000 square feet. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 4. 2. The parcel is depicted as one lot on the 1981 tax map. 3. The parcel size is 34,876 square feet (sf). It is proposed to subdivide the parcel into two lots at 17,438 sf each. Average lot size is 17,438 sf. 4. The average lot size is 87% of the required lot size. The yield at density would be one residential lot. 5. Town zoning is R-40 residence (40,000 sf). A SEQRA determination is pending from the Town of Southold, but the action has been classified as an unlisted action. The applicant has received town ZBA approval for the proposed land division. 6. Each parcel will be served with a conventional on-site sewage disposal system that consists of a 900 gallon septic tank and (5) eight-foot 1P x 3 feet deep leaching pools arranged in a cluster configuration. Concrete retaining walls and fill will be utilized around the disposal system to maintain a minimum distance of 3 feet from the leaching pool bottoms to groundwater. The site plans indicate the exposed portion of the retaining walls will vary between foot and three feet in height. The plans also show that all poor soils below the leaching pools will be removed and filled with clean sand and gravel. 7. Depth to groundwater is approximately 4.5 feet below existing grade. David G. Graham, M.D., M.P.H., Acting Commissioner Hearing Date: October 19, 2006 Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp., s/s North Road (CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 8. Soils are acceptable with sand at 9 feet below existing grade. However, difficulties may be encountered since poor soils must be removed below groundwater. The future sewage disposal systems will also require retaining walls with a 1.5 to 2.5-foot exposure. 9. The proposed lots will be connected to the public water supply serviced by Suffolk County Water Authority. 10. The property is situated in a narrow area between the Long Island Sound to the north and existing dwellings and a pond to the south. The surrounding properties were subdivided in the 1950's. 11. The parcel appears on a filed map titled "Old Colony at Arshamomaque." The parcel is noted on that map as a future motel site. 12. The parcel was the subject of a Board of Review hearing in 2002. In a determination, dated July 1, 2002, the Board denied the applicant's request for a variance to subdivide this parcel into (2) building lots. 13. The applicant is proposing a transfer of development rights (TDR) from SCTM: 1000 11300 0700 019011, a 1.68 acre parcel also located in groundwater management 4. 14. An application was previously submitted to the department to develop the proposed sending parcel with a single family dwelling. However, because the parcel was part of a subdivision that did not receive the benefit of Health Department approval, a variance was required. A previous Board issued a variance on March 28, 2003 allowing construction of a single-family dwelling. However, an approval to construct was never issued by the department because the applicants had not submitted an approval from the town regarding zoning, grading and drainage. The applicant is proposing to transfer the sending parcel to Michael Neudeck, an adjacent land owner. The proposed sending parcel is to be merged with the Neudeck parcel identified as SCTM: 1000 11300 0700 013000. 15. The proposed recipient has agreed to merge the proposed sending parcel with his parcel that is improved with a single-family dwelling. Determination It was a 3 to 0 determination of the Board to grant the request for the variance, provided the following conditions are met: • The sending parcel identified as SCTM: 1000 11300 0700 019011 shall be merged with the adjacent parcel identified as SCTM 1000 11300 0700 013000. David G. Graham, M.D., M.P.H., Acting Commissioner Hearing Date: October 19, 2006 Subject: Findings and Recommendations of the Review Board Regarding: S 10-98-0003 —Nickart Realty Corp., s/s North Road(CR 48) and 90 ft. e/o Carole Road, Southold—t/o Southold—SCTM: 1000 05200 0200 013000 • Covenants and/or deeds shall be prepared and filed, in language acceptable to the County Attorney, that: o Accomplish the transfer of density from the sending parcel above to subject receiving parcel. o Establish that the population density equivalent from the sending parcel is being transferred from the sending parcel and the sending parcel shall be merged with no further subdivision. o Establish that the merged sending parcel shall be improved with one single-family dwelling only(with any legal accessory structures). o Establish that the subject lots shall each be improved with a maximum 4- bedroom single-family dwelling only (with any legal accessory structures). • The applicant for construction of the single-family dwellings shall retain a licensed professional engineer to supervise, and certify the completion of the installation of the sanitary system and construction of the retaining wall. • Expansion leaching pools shall be installed at the same time as the required leaching pools. • The applicant shall be responsible to obtain a dewatering permit from the agency having jurisdiction, and comply with its terms if dewatering is necessary to remove poor soils in groundwater below the disposal system. Approval of this application will not affect the overall groundwater resource since equivalent parcels will be sterilized, which will compensate for the shortage in density. As per §760-609 of the Suffolk County Sanitary Code, the approval of the variance is in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. In compliance with §760-609(1)(a), the proposed variance is in general conformity with the Sanitary Code. The variance should not impair groundwater, surface water and drinking water supplies, and, as such, is consistent with criteria specified in §760-609(1)(b). October 30, 2006 St en A. Costa, P.E. Chairman—Board of Review 4 MAILING ADDRESS: PLANNING BOARD MEMBEIIS �q so P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair .f. � OFFICE LOCATION: KENNETH L. EDWARDS CA Town Hall Annex MARTIN H.SIDOR • O� 54375 State Route 25 GEORGE D.SOLOMON �l -S (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND you11 l, Southold, NY Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2006 Patricia C. Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Proposed Standard Subdivision of Nickart Realty The property is located on the south side of North Road, approximately 900 feet west of Bayberry Lane in Southold. SCTM#1000-52-2-13 Zoning: R-40 Dear Ms Moore: The Southold Town Planning Board, at a meeting held on Monday November 13, 2006, adopted the following resolution: WHEREAS, this proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District.; and WHEREAS, an application for sketch approval was submitted on May 11, 2006; and WHEREAS, on June 13, 2006, the Southold Town Planning Board started the SEQR lead agency coordination process for this unlisted action; 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, ?erilyn B. Woodhouse Chairperson Enc. MAILING ADDRESS: PLANNING BOARD MEMBER q so P.O. Box 1179 JERILYN B.WOODHOUSE ��V`� yOIO 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 �l 1M ^��� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCOU1M �`(,`- Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 13, 2006 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Standard Subdivision of Nickart Realty SCTM#: SCTM# 1000-52-2-13 Zone: R-40 Location: The property is located on the south side of North Road, approximately 900 feet west of Bayberry Lane in Southold. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determination was based upon the following: Public water is supplied to the area by the Suffolk County Water Authority, although the site itself is not specifically connected to public water because it is vacant at this time. Nickart Realty Neg Dec Page Two November 13, 2006 The closest water main to the site is located in North Road (C.R. 48) located adjacent to the subject property. It is estimated that the one proposed residential lots will use approximately 300 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. Therefore, the allowable nitrogen bearing flow for the overall .801 acre site is 480.6 gpd. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: Single family dwelling 300 gpd x 2 dwellings 600 gpd Therefore, the proposed application does not conform with Article VI of the Suffolk County Sanitary Code and will require a variance from the Health Department Board of review to ensure that the proposed sanitary systems will not adversely affect groundwater, it the Board finds that the systems provided are properly designed and installed. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; nor are a substantial increase in solid waste production; a substantial increase in potential for erosion are expected to occur if the proposed action is implemented as planned. The property is located in the Federal Insurance Rate Map FIRM Zone AE. The elevation of groundwater beneath the subject site is less than 3 feet above mean sea level (ms1) at its highest level according to the Test Hole data. The direction of groundwater flow is expected to be lateral and toward the Hashamomuk Pond which lies to the south and east of the site. The depth to groundwater(2.7 feet) coupled with the soil type (Bog, sand and loam) is known to hinder function and result in constraints on the location of septic system. 2 Nickart Realty Neg Dec Page Three November 13, 2006 The subdivision map indicates that the topographic elevation on-site ranges from approximately 9 feet NGVD, Therefore the risk of flooding of the parcel is significant and the construction of the home must conform to FIRM standards. Pursuant to Section 240-49C of the Town Code, vegetative clearing will be restricted to 60 percent of the buildable lands. Therefore, no significant removal or destruction of large quantities of vegetation is expected to occur. Interference with the movement of wildlife species within this area is expected to be low. No impacts to resident or migratory fish is expected. The Planning Board has requested a determination form the New York Natural Heritage Program, no information has been received to date. Because of the development history of the area, the proposed action is not expected to impair the character or quality of important known historical or archaeological resources. However, a Phase IA Archaeological Survey will be required for this project. Impacts to the viewshed from C.R. 48 and the surrounding residential lots will be minimized through vegetative screening as a result of the height of the existing vegetation and the establishment of clearing limits on lots. Therefore impacts to the aesthetics of the community or neighborhood character have been minimized. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health is expected to occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Planning Board Telephone Number: (631) 765-1938 Enc. cc: Sherry Aicher, DEC Stony Brook Walter Hilbert, Suffolk County Dept. of Health John Milazzo, Esq. Suffolk County Water Authority Applicant 3 PATRICIA�C. MOORE, ATTORNEY A AW S,✓q� 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE TO �. -IBJECT _ 11 OCT 2 7 2u0fi Al,c% Southold Town ' Planning Bard u_ 52 P 1fOD -vim 7/7� oL/ -lr.✓�s�� �r a� j,�ar r/ y zi3 4 �a 4 eat .7- Wit_ /zq, dz-l-- ao, &B i "/ //Z6 SIGN _.. _.. 0 COUN W OF SUFFOLK C ,O a STEW LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES COMefis§iBRER September 22, 2006 1 Mr. Nick Paleos 1 j I Nickart Realty Co } ` 775 Brooklyn Avenue Baldwin, NY 11510 _ f Subject: Variance Hearing S 10-98-0003 - Nickart Realty Corp., s/s North Road (CR 4$) arad.9S1..ft .�/� Carob Road µ Southold - t/o Southold - SCTM: #1000-52-2-13 Dear Mr. Paleos: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for October 19, 2006-at 9:00 a.m. in the Suffolk County Department of Health Services' Conference Room, 360 Yaphank Avenue- Suite 2C, Yaphank, NY 11980. You and interested parties are requested to appear,with or without counsel. On that occasion, you may produce any information or evidence you wish to be considered concerning the above-referenced property. Should you have any questions, please call (631) 852.5801. Very truly yo�/urs,,, " " v Gc� -d k*,Q_ Stephen A. Costa, PE Chairman, Board of Review SAC/kn C: Robert Seyfarth Andrew Freleng- Planning Dept. Donald VanDeWater Doug Feldman, P.E. - SCDHS Lauretta Fischer- Planning Dept Patricia Moore, Esq. Iving and Virginia Feder Gloria Praetz Michael Pisacano Philippides Living Trust Town of Southold - Planning Dept. •BOARD OF REVIEW SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DrmioN OF ENVIRONMENTAL QIIALFFY 360 YAPHANK AVENUE-SUM 2B-YAPHANK,NY 11980 (631)852.5801-FAX:(631)952.5925 I 40 SUFFOLK COUNTY WATER AUTHORITY Timothy J. Hopkins Administrative Offices: 4060 Sunrise Highway,Oakdale, NY 11769-0901 General Counsel (631)563-0236 Fax (631) 563-0�370 July 13, 2006 D �D Ms. Jerilyn B. Woodhouse, Chairperson Planning Board Office Town of Southold , P.O. Box 1179 Southold, NY 11971 , Re: SEQRA -Nickart Subdivision, SCTM# 1000-52-2-1311 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 Town of Southold's Planning Board 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. However in keeping with the SCWA's mission of protecting and conserving the Town of Southold's water supply and to reiterate the findings of the 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. r� Page Two July 13, 2006 In addition,consistent with its Findings Statement,SCWA encourages the Town to impose appropriate conditions on the project to reduce the potential impact this project will have on the water resources of the Town of Southold. These conditions could be memorialized in the form of Covenants and Restrictions on the project that are recorded with the Suffolk County Clerk. Very truly yours, o�imberly Kennidy Assistant to General Counsel Iluld{ COUNTY OF SUFFOLK(a �i STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP RECTOR OF PLANNING ?- July 12, 2006 ip 1 1 Town of Southold Planning Bd. 53095 Main Road-P.O. Box 1179 Southold,NY 11971 Attn: Anthony Trezza, Sr. Planner — I Re: Nickart Realty SCTMNo.: 1000-52-2-13 S.C.P.D.No.: S-1333-LS-G-2026 Dear Mr. Trezza: Your notification for SEQR Coordination was received by our agency on 6/28/06. Please be advised that our agency,the Suffolk County Planning Commission has no objection to the Town of Southold assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed subdivision in the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all EAF's,DEIS's and FEIS's,etc. Please note that prior to final approval,the land division should be referred to the Suffolk County Planning Commission for review. Comments: • Proposal seems inappropriate given its RAO Residence zoning classification. • Article 6 of the Suffolk County Department of Health Services Code should be complied with. Sincerely, S/sTheodore R. Klein Senior Planner TRK:cc G:ICCHORNYISUBDINSEORA\2005\BR00-16.MAY LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 . (631(853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631(853-4044 ^s • COUNTY OF SUFFOLK • STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L.HARPER,M.D.,M.P.H. COMMISSIONER July 11, 2006 Anthony Trezza Planning Board Office PO Box 1179 Town Hall, 53095 to Rte. 2 Southold, New Y rk 11971 ` RE: ickart Realty— bdivision �_ «- SCTM#: 1000-52-2-13 Dear Mr. Trezza: ` The Suffolk County Department of Health Services (SCDHS; "Department') has received your letter dated June 13, 2006 concerning the above-referenced project. The Department recommends that the Town of Southold assume lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above-referenced project on February 27, 1998 (HD Ref# S10-98-0003, as required by Article VI of the Suffolk County Sanitary Code. The application is not being processed for approval because it does not conform to the requirements of Article 6 of the Suffolk County Sanitary Code. The code requires that parcels to be served by public water and individual sewerage systems must have a minimum lot area of 20,000 square feet or equivalent yield. The Board of Review has denied the request for a variance concerning the subject application. According to the Board of Review, approval of the request for a variance may potentially result in adverse impacts on groundwater quality. The proposal is not in harmony with the intent of Article 6 of the Suffolk County Sanitary Code. DIVISION OF ENVIRONMENTAL QUALITY,OFFICE OF ECOLOGY 360 Yaphank Avenue, Suite 28,Yaphank, NY 11980 (631)852-5750 Fax(631)852-5812 The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. B. SCDHS Jurisdiction The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. The Department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information, please feel free to contact the Office of Ecology at 852-5750. Sincerely, P Ck*l Philip de Blasi Environmental Analyst Office of Ecology PD/amf PC: Kimberly Shaw Walter Hilbert, P.E. 5 U 1F PATRICIA C. MOORE N / Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 June 19, 2006 Attn: Anthony Trezza, Sr. Planner Southold Town Planning Board _ Main Road Southold NY 11971 200� RE: NICKART REALTY STANDARD SUBDIVISION Dear Anthony: + "" With reference to the above and pursuant to your memo dated June 13, 2006 (copy attached), enclosed please find the following: 1. Completed EAF form Part 1 2. Disclosure Statement 3. Authorization letter Thank you and please do not hesitate to call should you have any questions. ;ery ly rs, a rich C. Moore PCM/LQP — encls. FROM : SOUTHOLD TOWN PLAWING } D FAX NO. : 631 765 3136 •Jun. 13 2006 09:58AM P1 MAELING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE ��OF SQGry� Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR W ac 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Younp Ave.) JOSEPH L.TOWNSEND Southold,NY Telephone:631765-1938 Fay 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Patricia C. Moore Esq. D 631-765-4643 (fax) Ii From: Anthony Trezza, Sr. Planner Date: June 13, 2006 f Re: Standard Subdivision of Nickart Realty 1000-52-2-13 The Planning Board would like to initiate the SEQRA Coordination for this project. However, the following information needs to be submitted to this office: 1. Completed EAF Form Part 1 2. Disclosure statement 3. Authorization letter ( S I b— R 61_ 3 Xa 8 If you have any questions or need additional information, please feel free to contact this office. SabF w/o aff-S. MAILING ADDRESS: l PLANNING BOARD MEMBER • P.O. Box 1179 JERILYN B.WOODHOUSE ho�*OF SO(/Tholo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR Cn 54375 State Route 25 GEORGE D.SOLOMON ell JOSEPH L.TOWNSEND �O (cor. Main Rd. &Youngs Ave,) ly�OUNTY Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 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 that you believe should be evaluated. Enclosed is a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Standard Subdivision of Nickart Realty The property is located on the south side of North Road, approximately 900 feet west of Bayberry Lane in Southold. SCTM#1000-52-2-13 Zoning District: R-40 Requested Action: This proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District. SEQRA Classification: ( ) Type I ( X ) Unlisted Contact Person: Anthony P. Trezza, Sr. Planner (631) 765-1938 x 5021 y Nickart Realty Page Two June 13, 2006 Lead Agency Coordination Request 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. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, Jerilyn B. Woodhouse Chairperson Enc. cc: Town of Southold Building Department Office of the Town Engineer Highway Superintendent Town of Southold Land Preservation Department Suffolk County Department of Health Services NYSDEC - Stony Brook, Sheri Aicher Suffolk County Water Authority, John Milazzo, Esq. Suffolk County Planning Commission MAILING ADDRESS: PLANNING BOARD MEMBR P.O. Box 1179 JERILYN B.WOODHOUSE �OF soUTjfrOlO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON % �O (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND Ol�cou 11 Southold, NY IV 11 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 2006 Patricia C. Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Proposed Standard Subdivision of Nickart Realty The property is located on the south side of North Road, approximately 900 feet west of Bayberry Lane in Southold. SCTM#1000-52-2-13 Zoning: R-40 Dear Ms Moore: The Southold Town Planning Board, at a meeting held on Monday June 12, 2006, adopted the following resolution: WHEREAS, this proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District.; and WHEREAS, an application for sketch approval was submitted on May 11, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR 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 MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE '.oOF SOUjyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR co 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��yCOU,M'�,.e� Southold, NY IY I, `f•`- Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Patricia C. Moore Esq. 631-765-4643 (fax) From: Anthony Trezza, Sr. Planner Date: June 13, 2006 Re: Standard Subdivision of Nickart Realty 1000-52-2-13 The Planning Board would like to initiate the SEQRA Coordination for this project. However, the following information needs to be submitted to this office: 1. Completed EAF Form Part 1 2. Disclosure statement 3. Authorization letter If you have any questions or need additional information, please feel free to contact this office. R °i ^N ,QLbEr. lJ��j" -- Pig. S SUFFOLK COUNTY WATER AUTHORIT � 2045 Route 112 Suite 1 Coram, New York 11727-3085 (631)698-9500 Fax(631)698-9851 May 19, 2006 AEIVf D Patricia C Moore 51020 Main Road - Southold,NY It 971 MAY! 2 4 2006 JUN Re: North Road, Southold Sa SCTM# 1000-52-2-13 uf;ioid Tcvon Clerk File#4495669 5 Dear Ms. Moore: The Suffolk County Water Authority has received your application for water service for the above referenced parcel. The parcel is designated in the SCWA's Five Year Water Supply Plan for the North Fork as eligible to receive public water service: Accordingly, this letter of Water Availability is issued. There is an existing main located on North Road, which can serve this parcel. This Letter of Water Availability is not to be considered an action by SCWA as defined by the New York Environmental Quality Review Act or a determination that the parcel is approved for building. You are responsible for obtaining any other permits or approvals that are required for the proposed project. SCWA shall not be required to provide water for the parcel until all of the other approvals have been obtained. By way of a copy, SCWA is forwarding this letter to the Town of Southold to reiterate the findings of the environmental review for the SCWA's Water Supply Plan. These findings focused, in part, on opportunities for reducing demand for water in the Town of Southold. Opportunities include: SCWA will provide water service to the parcel upon payment of the applicable fees. The fees include a tapping fee, a key money charge and if applicable, a water main surcharge. Tapping fees start at$950.00 for a 1" service. Key money fees start at$3,000.00 for a 1" service. Surcharge amounts vary depending on the location of the proposed service. The tapping fees and the surcharge maybe financed for existing residential customers. The SCWA respectfully reiterates the findings of the environmental review for the SCWA's Water Supply Plan. These findings focused, in part, on opportunities for reducing demand for The SCWA respectfully reiterates the findings of the environmental review for the SCWA's Water Supply Plan. These findings focused, in part, on opportunities for reducing demand for water in the Town of Southold. Opportunities include: 1. Permitting the irrigation of only 15% of the area on 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. Consistent with its Findings Statement, SCWA encourages the Town to impose appropriate conditions on the project to reduce the potential impact this project will have on the water resources of the Town of Southold. These conditions could be memorialized in the form of Covenants and Restrictions on the project that are recorded with the Suffolk County Clerk. Please contact me at(631) 563-5672 or our New Construction Department at(631) 698-9500, 8:30 a.m. to 5:00 p.m. Monday through Friday to proceed with this project and to obtain a contract. Very truly yours, Lisa Cetta New Service Supervisor LC:bhr Cc: Town of Southold—Town Clerk PO Box 1179 Southold,NY 11971 Please forward this letter to the appropriate town agency processing this application. Sr fll PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary May 11, 2006 Ms. Jerri Woodhouse, Chairwoman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 VX a Southold, NY 11971 I,�_ Re: Subdivision (i�'� SCTM#1000-52-02-13 Dear Ms. Woodhouse: Enclosed is an application for a standard subdivision for 2 lots. The subject lots were approved by the ZBA , the enclosed decision is attached for your convenience. This subdivision was delayed by the Health Department. An application to the Health Department is pending, they have requested your Board's SEQRA determination. If you wish to discuss this further please do not hesitate to contact me. Very truvyours, v-'Patricia C. Moo .•� "° cc: Nickart Realty �Sco ;,ela Town plenni2's,F,�acd 3 E `'16AIX . . k„ Alze •. � •�`. It r r Proiect Status Report for Standard Subdivisions l 11(y�Ala iullp ' pp ;�1'.0 . ,t .. ,t: V ?';a "',� ,r,.; + 'l„� l��`k`U.r e„ �'�.vi.� ,a •Fxw.�.� +r i. Il Sketch Application Dates Pre-Submission Conference < SEQRA Determination Sketch Application Received + 4 SC Planning Commission Referral _ Application Fees Paid 1 SC Planning Commission Comments ERSAP Submitted 1` i\�� FA Fire Department Referral Yield Plan Submitted U�k66 rrwn 7w Fire Department Comments Concept Design Determined Engineer Conference / Fire Department Comments Sketch Plan Submission JJ 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 Ll-� DEIS Submission �S Application Fees Paid I� Referral of Legal Documents to Town Attorney Referral of Road and Drainage /Plans Comments from Legal Department Received Engineer Conference / FEIS Submission Comments from Town Engineer V Preliminary Hearing Set Draft Performance Estimate Preliminary Hearing Held Draft Covenants and Restrictions Preliminary Hearing Closed Draft Homeowner's Association Agreement Conditional Preliminary Approval Draft Road Maintenance Agreement Preliminary Approval Scoving Session f Final Plat Application Dates 6 months after Preliminary Plat Approval) 0 Final Application Received gr2 J,s �(_ Affordable Housing Fee Paid Application Fees Paid ,/ I[(0I 0O� 490' Administrative Fee Paid Molars Received(5) I j NYSDEC Wetlands Permit Received Paper Prints Received(8) I O NYSDOT/DPW Permit Received Final Road and Drainage Plans Trustee Permit Received Performance Guarantee Received 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 Final Road Maintenance Agreement Final Approval Park and Playground Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: c. . A i o S� It "-\ Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. qS/ Obd vfsi� aF 1. Name of Subdivision /YOGIC!!/f 2. Suffolk County Tax Map# /Ooo 3. Hamlet S 1,)&t$hb 4. Street Location 6/N a old CD&I-e 5. Zoning District 6. Date of Submission e/'- 7. Sketch Plan Approval Date 8. Preliminary Approval Date 9. Number of Lots Proposed a Lc{s — ZA-54 -Va ua�,, 7/,�LY/f 7 10. Acreage of Open Space/Reserved Area 11. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing N/'4 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. a//A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. yes — 15. Application prepared by [] owner Pq agent [] other Signature of Preparer Date 6-/6-Oy fF0( SV /(C MATTING ADDRESS: PLANNING BOARD MEMBERS �.t.0� OG P.O. Box 1179 JERILYN B.WOODHOUSE T�� Southold, NY 11971 Chair OFFICE LOCATION: Tovm Hall Annex WILLIAM J.CREMERS Oy� • O!� 5 37 State Route 25 KENNETH L.EDWARDS �'� �'a (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Preliminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision 2. Suffolk County Tax Map # /coo - b�.�/ 3. Hamlet 4. Street Address/ Project Location 5. Zoning District 'IC 6. Date of Submission 7. Sketch Plan Approval Date 8. Acreage of Site 9. Parcel Yield J Jou r roy 10. Number of Lots Proposed a Loh a. Number of Affordable Lots Required: /V/A b. Number of Affordable Lots Proposed: IVIA c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: 11. Acreage of Open Space A1/A Inle'hilgwfill'o alp- Vz � z 12. Percentage of Open Space Ai i A 13. Range of Lot Sizes (1) 17, `/38 � l�� 17 V 0' 5-g 14. Average Lot Size /7, `/36 15. Private or Public Streets Ae�- 1/9 16. Length of Road(s) /y/4 17. Acreage ofRoad(s) N!A 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. 19. In addition to the application to the Town of Southold Planning Board,what other approvals are +,••ou seeking for this subdivision from state or other agencies? Please list other app�ications which are currently pending involving this project. If possible,plxase provide application reference numbers. eo 20. Application completed by [ ] owner ( agent [ ] other Signature of Preparer Date s'a-08 pgUFFO(,��, MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair OFFICE LOCATION: Z RICHARD CAGGIANO �,,ff.. Town Hall Annex WILLLSM J. CREMERS y-p�! ���� 54375 State Route 25 KENNETH L. EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H. SIDOR Southold, NY _ Iee1@ Zone 831 765-1938 M7611- PLANNING BOARD OFFICETOWN OF SOUTHOLDApplication for Sketch Approval W APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision N16:cCxr Z- LOT- nU0C` ViS(or1 2. Suffolk County Tax Map # I(D 00 - S,-) - C)---.a - 13 3. Type of Subdivision Standard Pq Conservation [ 4. Hamlet �>u roLto Lo 5. Street Address/ G 2 q E3 Project Location 6. Acreage of Site _ 39, lsgt p `Sl F3- 7. Proposed Yield a _ z Vo.�60'N.e DC2wr1�A 8. Number of Lots Proposed o,- 9. Zoning District 10, Date of Submission 6= II-ate 11, Please provide the names, addresses and phone numbers for the following people: Applicant9 1 775 ts jive .. ......_ __ Q oJ,&W, n N-4 S 10 Agent: T+ rtua SCaZo 1�G11 Yl�l Jl�l l.1 765- 433a Property Owner(s): Kic4<aOr (� Surveyor: �ecorur 5(J/yeuorPC CO --'-- 1 Z 3o -16CA v el e✓ Zvi rem 5oudf4o k& M/ / Ig"71 Engineer: AMupes Attorney: P/a�-ro� t(A r, C (�o oY`C 6n A Ny 11971 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether of 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. v1. — pr r o t i-b sA_% 14. Has the owner/applicant met with Land Preservation? If so, provide date. 15. Is any part of the property in agricultural use! �a 16. Is there an existing or proposed sale of development rights on the property' N 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. No 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). N-D 19.The site will be serviced by the following special districts or utility companies: Fire District `>CGd- o �J _ Post Office 5© A+4 a(6 School District S 4-.k (fn.ol Water 5 GI WA 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. - '1'0 be cpe xz - S'C-yv'rcA OC JbrI-A�(Z*H 21. Ple ise indicate the type of open space proposed and how it will be managed? 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? N-0 -- 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. 24. Application completed by [] owner agent [ ] other Signature of Preparer Date 67-rl—o(, Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM # 1000-52-2-13 AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals ❑_ 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: ❑ Type; - Town of Southold LWRP f Consistency Assessment Form % l Nature and extent of action: subdivision of property into two lots Location of action: south side CR 48, approximately 900 feet west of Bayberry Lane, Southold Site acreage: 17,484 sq_ft. Present land use: vacant Present zoning classification: R-40 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: Nickart Realty Corp (b) Mailing address: c/o Patricia C. Moore (c) Telephone number: 6( 31 ) 765-4330 (d) Application number, if any: _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑ If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of 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 111-Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): The subject property had been developed originally for Motel Use. The parcel is surrounded by summer homes, adjacent to a motel, and across from Southold Town Beach. As zoning changed the motel use was no longer available and the property is to be developed for single family dwelling use. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): An Archeological Assessment was completed by Tracker Archeological Services- no archeological significance detected. Town of Southold LWRP Consistency Assessment Form 2 0 0 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 Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): The property is surrounded by rediential and commercial development. The scenic resource is across CR 48. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from f ooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): The property is across from the Town Beach narkinE lot and there are homes between the water on the south and the subject property. Policy S. 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 ❑ Discussion (if appropriate): The property will be served by public water 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_�rflo /-_ n Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): he property is not adjacent to the coastline. \ Policy 7. Protect and improve air qu ' he Town of Southold. RP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III- Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): no impact on air quality- proposed residential use. 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 ❑ Not Applicable ❑ Town of Southold LWRP Consistency Assessment Form 3 Discussion (if appropriate): No solid waste will be on site. Residential use will use transfer station for residential solid waste. 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 111- Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Property faces Southold Town Beach- the property does not affect public access to recreational or public resources. 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 ❑ Discussion (if appropriate): Single Family dwelling is not dependent on water- dependent resources. Views will enhance the property and result in increased taxation which supports and promotes water-dependent uses. 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 ❑ Not Applicable ❑ Discussion (if appropriate): no impact on marine resources. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies, Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): no impact on agricultural land- Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies, Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): Single family dwelling does not adversely impact energy and mineral resources. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 61Z20 — Appendix A q State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FOR L1 Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly mann wheWer2 p" ct'or on may be significant. The question of whether an action may be significant is not always easy to ahw Fre yantly,th '"' a project that are subjective or unmeasurable. It is also understood that those who determine signifi a have little or no forMgi..a, knowledge of the environment or may not be technically expert in environmental analysis. 1In .� qditiop, many w,l „�irlve'4(AAfedge in one particular area may not be aware of the broader concerns affecting the question of sighific", .I�`� The full EAF is intended to provide a method whereby applicants and agencies can be as5'GFed that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 171 Part 1 11 Part 2 17 Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ®A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative ,Declaration is only valid for Unlisted Actions Name Of Action lllzaalyz., 1;3DA4W Zolw OL Slzu4alel Name of Lead Age cy Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 0 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 may be 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 Ifrf information requiring such additional work is unavailable,so indicate and specify each instance. Name of Action UUb'd! I//S/0 Location of Action(include Street Address,,Municipality and County) /VyY /G Oac� , �f 7lB . 5- OGc io0/ Name of Applicant/Sponsor i c kaw.;' .O/ ^ Address 7 /�✓('OL%75— /J y,/ AeA/ G/d "V City/PO 1' A'1C1 1 "; /p State Aly Zip Code Business Telephone S/6 " Le -7 - 7 n p 2 q Name of Owner(if different) Address City/PO State Zip Code Business Telephone Description of Action: 2 [ a} 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) ❑Rural (non-farm) Forest ❑Agriculture ❑Other �r gyWsf�r 2. Total acreage of project area: acrel. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) � acres acres Forested y acres acres Agricultural (Includes orchards, cropland, pasture, etc.) O 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 i Roads, buildings and other paved surfaces /D �0 acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: IN Well drained �% 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). 4. Are there bedrock outcroppings on project site? ® Yes � No a. What is depth to bedrock (in feet) /`�I' 5. Approximate percentage of proposed project site with slopes: I'm0-10% /00 °,5 1110- 15%_% ❑ 15% or greater_% 6. Is project substantial) contiguous to or contain a building, site, or district, listed on the State or National Registers of Historic Places? ff Yes M No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes /91No 8. What is the depth of the water table? y. C7 (in feet) g. Is site located over a primary, principal, or sole source aquifer? L,M Ll Yes ❑ No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ®Yes P9 No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ryes IXI No According to: / �/// p A,a — Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? ❑Yes � No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes K.No If yes, explain: 14, Does the present site include scenic views known to be important to the community? Dyes No 15. Streams within or contiguous to project area: NO a. Name of Stream and name of River to which it is tributary AILJ 16. Lakes, ponds, wetland areas within or contiguous to project area: b. Size (in acres): IV A Page 4 of 21 17. Is the site served by existing public utilities? D9 Yes ❑No a. If YES, does sufficient capacity exist to allow connection? INYes ❑No b. If YES, will improvements be necessary to allow connection? Yes ❑No 18. Is the site located in Eyes district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Eyes ®No 19. Is the site located in or substantial] contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes No 20. Has the site ever been used for the disposal of solid or hazardous wastes? El Yes �No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 3Vi SV y- /p� 3y,S9� sGi b. Project acreage to be developed: / acrd s initially; acres ultimately. 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. '� % Vuf�ra�.�wwl"' f. Number of off-street parking spaces existing V proposed g. Maximum vehicular trips generated per hour:ar (upon of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 2� i i. Dimensions (in feet) of largest proposed structure: height; T6 19 width; � length. j. Linear feet of frontage along a public thoroughfare project will occupy is? a6) ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? /Wnt-tons/cubic yards. 3. Will disturbed areas be reclaimed Yes ❑No ON/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes No c. Will upper subsoil be stockpiled for reclamation? ❑Yes JaJ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 1'� acres. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? e , Yes "`ftt� No .rim•" 1--,. �""""' 6. If single phase project: Anticipated period of construction: months, (including demolition) 7. If multi-phased: Q,/} a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8. Will blasting occur during construction? ❑Yess IN No J 9. Number of jobs generated: during construction i ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑Yes 91 No If yes, explain: 12. Is surface liquid waste disposal involved? ❑Yes M No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? M Yes ❑No Type Vfi VG-«-�f� 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 ONo 16. Will the project generate solid waste? ❑ Yes M 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? OYes 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? OYes 14 No 19. Will project routinely produce odors (more than one hour per day)? 0 Yes MNo 20. Will project produce operating noise exceeding the local ambient noise levels? []Yes No 21. Will project result in an increase in energy use? ❑Yes No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity — gallons/minute. &vu 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes M No If yes, explain: Page 7 of 21 25. Approvals Required: Type Submittal Date City, Town, Village Board ❑Yes No C )O , ! 141111 3� City, Town, Village Planning Board [Eyes ❑ No OAA-A City, Town Zoning Board K Yes ❑ No -� — /O� City, County Health Department M Yes ❑ No Other Local Agencies ❑Yes No Other Regional Agencies ❑Yes LM No State Agencies ❑Yes , No Federal Agencies ❑Yes �No C. Zoning and Planning Information �p�I 1. Does proposed action involve a planning or zoning decision? Dyes I/\I No If Yes, indicate decision required: Zoning amendment ❑ Zoning variance ❑ New/revision of master plan ❑ Subdivision Site plan ❑ Special use permit ❑Resource management plan ❑ Other Page 8 of 21 2. What is the zoning classification(s) of the site? R- 10 3. What is the maximum potential development of the site if developed as permitted by the present zoning? c> - 4e)uses . 4. What is the proposed zoning of the site? a2— 4 C) 5. 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? rM Yes 0 No 7. What are the predominant land use(s) and zoning classifications within a Y< mile radius of proposed action? ve"�tcat'"a-o S. Is the proposed action compatible with adjoining/surrounding land uses with a %. mile? ❑Yes ®No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? 1:3 Yes N No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? 11 Yes �] No a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes K No a. If yes, is the existing road network adequate to handle the additional traffic. ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided Iaabove is true to the best of my knowledge. Applicant/Sponsor Name IL L ✓-1— Date 6��y—G10 Signature Title 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 Ir APPLICANT TRANSACTIONAL DISCLOSURE PORN The Town of So thold ' 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: (Last name , first name , middle initial , unless you are applying in the name of someone else or other entity, such as a company . If so, indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: ( Check all that apply . ) 'fax grievance Variance Change of zone Approval of plat Exemption from plat or orricial map Other ( If "Other, " name the activity . ) Do you personally (or through your company, spouse, sibling , parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest_ "nusiness interest" means a businesn, 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 If you answered "YES, ". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through D) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is (check all that apply ) , A) the owner of greater than 5% of the shares of the corporate stock of the applicant ( when the applicant: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 OC RELATIONSHIP Submitted tll1s- / d y of1j i3_ OG Signatur / Prinh name uA �` Jun 19 06 11 : 18a Nickart Realty Corp. (5161 867-3228 p. l Jun 15 06 12:21p Me& law Office 631 0 4643 p.2 Nick Paleos .Artemios Gavalas CIO.Nickart Realty Corp. - 775 Brooklyn Ave. `'-i3aldcvin•Nl'`l 1510 June 15. 2 06 Patricia C.Moore,Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore' We,Nick Paleos and Artemios Gavalas, hereby authorize you to make any and all applications to the Suffolk County Health Department,Town of Southold Zoning Board, Town Of Southold,Southold Town Trustees, DEC and any other necessary agencies on our behalf regarding our property located on the North Road,Rte 48,Southold NY Verytt truly yolas [ 1t Nick Paleos �ava.1rtcmms Gava c PEALS BOARD MEIMBERS oyO�FFOL,��o Southold Town Hall Gerard P. Goehringer,Chairman �� Oy 53095 Main Road Serge Doyen o ` P.O. Box 1179 James Dinizio,Jr. w Southold New York 11971 �4-1 • � Fax(516)765-1823 Lydia A.Turtora '�Oq �t?4 Telephone(516)765-1809 Maureen C. Ostermann BOARD Of APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JULY 24, 1997 Appl. No. 4480 - NICKHART REALTY PARCEL 1000-52-2-13 STREET & LOCALITY: 53400 C.R. 48, Southold DATE OF PUBLIC BEARING: July 10, 1997 FINDINGS (PROPERTY FACTS): DESCRIPTION: This property is located in an R-40 Low-Density Residential Zone District, being situate on the southerly side of County . Road 48 (a/k/a Middle Road, or North Road) and along the westerly side of a private right-of-way. This lot as exists contains a. total lot area of 17,484 sq. ft. , lot width of 193.88 feet along the northerly property line abutting C.R. 48, and lot depth of 90..18 (easterly property line) as shown on the map prepared by Warren A. Sambach, Sr. , P.E. BASIS OF APPEAL: Building Inspector's Action of Disapproval issued September 18, 1996, and updated April 28, 1997, which reacts as follows: 1. insufficient .lot area and depth in an R-40 Zone. A lot is required to have an area of 40,000 sq. ft. and is required to have a depth of 175 feet. Article IIIA, Chapter 100-30A.3. 2. insufficient front. yard setback for a non-conforming lot - Article XYIV, 100-244B. Also, another Notice of Disapproval was issued June 23, 1997 (received July 3, 1997) indicating that Lot tt2 requires a lot width of 150 feet in an R-40 Zone. AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Reduced lot size for two proposed lots in this pending subdivision project at 17,484 sq. ft. each. The lot depth is shown at 90.18 feet for each lot, and lot width along C.R. 48 of 193.88 feet each. The future location of a new principal single-family dwelling shall be as established by code or Board of Appeals requirement. The proposed reduction in the front yard setbacks are as more particularly shown on the Map prepared by Warren Sambach Sr. , P.E. at 32 ft. to the north property line at its closest point, and 26'2" to the. southerly front property line at its closest point. The Page 2 - July 24, 1997 Appl. #4480: 1000-52-2-13 (Nickhart Realty) Southold Town Board of Appeals natural buffer along the southerly and northeasterly property lines will remain intact and maintained. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties since the existing lot is two to three times the size of all existing lots in the immediate area except for Lot 2.1 with motel use. The division of the subject land into two lots of 17,000+ sq. ft. for each lot is larger than the following contiguous and adjacent lots: 052-2-8 of .33 ac; 52-2-7.3 of .22 ac; 52-2-7.5 of .13 ac; 52-2-6 of .12 ac; 52-2-5 of .13 ac; 52-2-4 of .13 ac; 52-2-3 of .12 ac; 52-2-2 of .13 ac; 52-2-1 of .12; 52-2-10.1 of .30 ac; 52-2-12.1 of .30 ac; 52-2-14 of .33; 52-2-15 of .26; 52-2-39 of .21 ac; 52-2-16 of .25 ac; 52-2-38 of .28 ac. ; 52-2-17 of .09 ac; 52-2-18 of .10 ac; 52-2-19 of .11 ac. These two lots to be created will be approximately .44 of an acre. (2) The requested area variance is not substantial based upon the immediate lots, listed above, that are adjacent to the subject parcel because the subject land, when divided equally, is approximately .44 of an acre for each as created which is at least 20% to 25% greater than most of the parcels in the immediate area. (3) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district since the two lots will be the last in the immediate area that would be improved with a principal building out of approxi- mately nineteen (19) parcels in the immediate area already built upon. (4) This action is the minimum that the Board deems necessary and adequate and at the same time. preserves and protects the character of the . neighborhood, and the health, safety,, welfare of the community since the applicant is required under this variance application not to create curb cuts along County Road 48 and must utilize the existing internal roadway for ingress and egress to newly created parcels. It is the opinion of the majority of this Board that by also utilizing the internal roadway, the health, . safety, and welfare of the community will be protected. RESOLUTION(ACTION: On motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED, to GRANT the relief requested WITH THE CONDITION that there be no direct access, curb cuts or driveways from or to Page 3 - July 24, 1997 Appi. r4480: 1000-52-2-13 (Nickhart Realty) Southold Town Board of Appeals bounty Road 48 from the parcels. VOTE OF THE BOARD: AYES: MEMBER DOYEN CHAIRMAN GOEHRINGER MEMBER DINIZIO. NAYS: MEMBER TORTORA stating that the percentage of the variance is substantial, and MEMBER OSTERiYIANN stating that the spirit of the zoning ordinance should be upheld by the present code requirement and not have overdevelopment. This resolution was duly adopted (3-2). GERARD P. GOEHRINGER, CHA MAN MEETING OF JULY 24, 1997 APPROVED FOR FILING Actions.all/52-2-13 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 107 HOUR �. G ti v Town Clerk, Town of Southold i • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE oak SO P.O.Southold, NY 11971 Chair 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 �1,�C0U ' Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: November 21, 2008 Re: Checks The referenced application(s) has/have been approved by the Planning Board and the check(s) may now be processed. Thank you. Project Name & Type Tax Map # Amount Check Date Chase Bank Mattituck-Std.Sub.Sketch 143-3-33.2 1,250.00 5/30/08 Chase Bank Mattituck-Std.Sub.Sketch 143-3-33.2 500.00 5/29/08 Nickart Realty Subdiv./Cond. Sketch 52-2-13 1,000.00 5/2/08 Owen Construction Corp. Site Plan 102-2-12.5 500.00 7/21/08 Scott, John G. -Subdiv. 75-6-3 500.00 8/5/08 S.AN.E.S. Site Plan 59-3-31 500.00 9/22/08 Zuckerber , Lloyd P. -Cons. Subdiv. 86-1-10.9 1,200.00 9/23/08 7-11 Mattituck Site Plan 142-1-27 572.00 10/31/08 LR i • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE o��OF SOUlyol Southold,NY 11971 Chair y OFFICE LOCATION: KENNETH L.EDWARDS T Town Hall Annex MARTIN H.SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��.`COU,M'� Southold, NY IY 1, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: August 12, 2008 Re: Payments Attached is the check listed below. Payment is for deposit into a deferred account. Applicant/Project Name & Tax Map Amount Check Date/No. Type # Authorization Code Nickart Realty Park& Playground fee 52-2-13 1 $7,000 8/8/08#6041 p 6041 1 NICKART REALTY CORP. 775 BROOKLYN AVE. BALDWIN, NY 11570-2948 //--//�� PAY /�' ©� `^ © DATE �' 8�lJ? 7-32/210 HE ORDER OFTO THE ou)\ �y '"] 0 $ // �e • (mna �w� .! i I„'I inadl �uda L, fi...f / p _ DOLLARS L'J " Reet - NI RT EAL CO 90035 ! H�O/fim I1510 FOR ic(ef- Sub �"` "`sa ____ ________ -- ------------ [IN 00604I'll 1:0 2 1000 3 2 21: 20356 09S17110 MAILING ADDRESS: PLANNING BOARD MEMBERS �.1 pv soGrO P.O. Box 1179 JERILYN B.WOODHOUSE �O �` ylO Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS T Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Youngs Ave.) JOSEPH L.TOWNSEND yc00NTY, Southold, d, NY Telephone: 631 765-1938 Fare: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 18, 2008 Re: Payment Attached is the check listed below. Payment is for deposit into a deferred account. Applicant/Project Name & Tax Map Amount Check Date/No. Type # Authorization Code Nickart Realty Final Plat Subdivision 52-2-13 $500 6/16/08-6025 - 6025 NICKART REALTY CORP. FPAY 775 BROOKLYN AVE. BALDWIN, NY 11510-2948 1-32/210 (1 \ \ �/�1 � DATE I � .. TO THE \ to�N ©f ��V4 � ORDER OF is`�' 500 DOLLARS 0 Fleet N FOR 13 1110060251I' 1:0 2 1000 3 2 21: 20356 09S0111 MAILING ADDRESS: PLANNING BOARD MARS • P.O. Box 1179 JERILYN B.WOODHOUSE OF SOUTyo Southold, NY 11971 Char OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR H 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND Z�'.COU'm'� Southold, NY 11, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: May 5, 2008 Re: Checks Attached is (are) the check(s) listed below, for deposit into escrow. Applicant/Project Name & Tax Map Amount Check Date/No. Type # Nickart Realty— Prelim Plat Subdiv 52-2-13 $1,000 5/2/08-6547 Hudson City Savings Bank—SEQRA 122-3-17.1 $1,200 5/5/08-6674 LR Enc(s). NICKART REALTY CORP. 6547 775 BROOKLYN AVE. BALDWIN, NY 11510-2948 [OR To —fr�// .�, 1 DATE Z CJ '+ 1-32/ 210 TO THEOF o'-j 4 n/�/.�'�/ Mill lilt $. 1000 y V 7—DOLLARS 8 6't 0 Fleet I n j NICKA L m 5 Sm°a//Business Services U I\ l /l.c/1GM/ R��0/�V �hFEI/ 0356 0 eNIOL '!� II'00654711' 1:0 2 1000 3 2 21: 9517u' -- -- ' Town Of Southold • P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/01/06 Receipt#: 6444 Transaction(s): Reference Subtotal 1 1 Application Fees 52-2-13 $1.750.00 Check#: 6444 Total Paid: $1,750.00 Name: Nickart, Realty 775 Brooklyn Ave Baldwin, NY 11510-2948 Clerk ID: LINDAC Internal ID:52-2-13 • , • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE hO��OF S!](/jh,OlO Southold,NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR Zr- 4375 State Route 25 GEORGE D.SOLOMON r- ,O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COU'M'�,.e1 Southold, NY Ir1, Telephone: 631765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM JUN 1 2006 To: Elizabeth Neville, Town Clerk Soutlioid Tfern Clerk From: Planning Department Date: May 31, 2006 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Nickart Realty Stand. Sub. 52-2-13 $1,750.00 6444 Sketch Appl. Fee enc(s). • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �a SOUj�olo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS 4 Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON G C JOSEPH L. TOWNSEND �� (cor. Main Rd. &Youngs Ave.) if COU N 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 31, 2006 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check # Nickart Realty Stand. Sub. 52-2-13 $1,750.00 6444 Sketch Appl. Fee 6444 NICKART REALTY CORP. 775 BROOKLYN AVE. BALDWIN, NY 11510-2948 1� a 16 1-32/210 PAY \ I / v DATE d V TO THE lJ Q '�1I^'rl1n,ORDE OF �� O0 CIS C, � $ t7So ///III DOLLARS 8 Fleet 1 /1 \ NIC T R LT A41fvnw` s Small Business Services Sk�>Uh V 1\ small6v.flre[rom BalOwin,NY FOR S-h.ald 11'00644411' 1:0 2 1000 3 2 21: 20356 095i7u' • • Page 1 of 1 Neville, Elizabeth From: Andaloro,Jennifer Sent: Tuesday,July 13,2010 10:01 AM To: Neville, Elizabeth Cc: Finnegan, Martin;Lanza, Heather;Sadoo,Tamara;Krauza, Lynne Subject: RE: Attachments: Nickart docs._20100713082527.pdf Betty, The Planning Board has taken the position that the Nickart Realty final subdivision application was not complete until June 15,2010. Attached please find a letter to the applicant setting forth the Planning Board's position, as well as the conditional final approval granted by the Planning Board by resolution last evening. Please note that the final resolution has not been executed by the Planning-Board Chair. Given the Planning Board's record of this application, it is inappropriate for the Clerk to issue a"default approval"as requested by the applicant. It is recommended that the Clerk's Office send out a letter responding to the applicant's representative with the following text: "On July 12, 2010, this office received a demand for the Issuance of a certificate of final subdivision approval for the Standard Subdivision of Nicked Realty application pursuant to Town Law§276(8). Please be advised that the Town Planning Board records indicate that this application was deemed complete on June 15, 2010. As such, a certificate of approval pursuant to Town Law§276(8)is inappropriate and your request is denied. " If you have any questions, let me know. Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25(Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631) 765-1939 Fax: (631)765-6639 From: Neville, Elizabeth Sent: Monday,July 12, 2010 5:23 PM To: Lanza, Heather; Finnegan, Martin Cc: AI Krupski; Andaloro,Jennifer;Christopher Talbot, Evans, Louisa; Krauza, Lynne; Orlando,Vincent; Phillip Beltz; Russell, Scott; William Ruland; Woodhull, Ruthann Subject: Please confirm the information in this request and advise of your recommendation. Thank you. Elizabeth A.Neville, RMC,CMC, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 7/13/2010 / • • Page 1 of 1 Neville, Elizabeth From: Lanza, Heather Sent: Tuesday, July 13,2010 9:01 AM To: Neville, Elizabeth; Finnegan, Martin Cc: 'AI Krupski';Andalom,Jennifer; Christopher Talbot; Evans, Louisa; Krauza, Lynne;Orlando, Vincent;'Phillip Bette; Russell, Scott;William Ruland;Woodhull, Ruthanne Subject: RE: Pat Moore's request for subdivision approval from Town Clerk Everyone, Planning worked closely with the Town Attorney's office on this application.Please rest assured that the conditional approval resolution passed at last night's Planning Board meeting was done in time,and we don't believe this application is entitled to a default approval from the Town Clerk. We will send back-up documentation to the Town Clerk later today to support this. Heather Lanza From: Neville, Elizabeth Sent: Monday,July 12, 2010 5:23 PM To: Lanza, Heather; Finnegan, Martin Cc: Al Krupski; Andaloro,Jennifer; Christopher Talbot; Evans, Louisa; Krauza, Lynne; Orlando, Vincent; Phillip Beltz; Russell, Scott; William Ruland;Woodhull, Ruthann Subject: Please confirm the information in this request and advise of your recommendation. Thank you. Elizabeth A. Neville, RMC, CMC,MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 76"145 7/13/2010 :•-s RECEIVED Patricia C. Moore "' {{ Attome at Law n>z!; `,uL ' 2 �'O 51020 Main Road Southold,New York 11971 soathcld Town Clerk Tel:(631)765-4330 Fax:(631)7654643 July 12, 2010 BY HAND Hon. Elizabeth Neville Southold Town Clerk Main Road Southold,NY 11971 Re: Standard Subdivision of Nickart Realty Located on the south side of CR 48, approx. 900 feet west of Bayberry Lane Southold, NY SCTM 1000-52-2-13 Dear Mrs.Neville: Pursuant to the provisions of Town Law§276(8)it is hereby demanded that a certificate of final subdivision approval for the above referenced property be issued by you. The Southold Town Planning Board has failed to act on the final plat which has been before them since April 14, 2010, a period of more than 62 days.The applicant is entitled to a certificate signed by you so that the map may be filed with the Suffolk County Clerk. Si atricia C. Moore PCM/mr cc: Nickart Realty Sadoo, Tamara From: ajnoffice@verizon.net Sent: Monday, June 07, 2010 11:35 AM To: pcmoorel@optonline.net Subject: subdivision in Southold RE: SCTM #1000-52-2-13 Dear Ms. Moore: I represent Bee-Hive Development Corp. , one of the property owners adjacent to your two home proposed subdivision in Southold, (reference number above) . We are in favor of this project. The property as it exists now, is an eyesore and we feel two new homes would be an improvement and would enhance the area and the value of surrounding homes. We were unable to attend the hearing on March 8, 2010. However, going forward be assured that we will be in support of your project and will pose no opposition to it as it is presently proposed. Very truly yours, s/ AJN ARTHUR J. NASTRE, ESQ. 1 • • Page 1 of 1 Winser, Kristy From: Lanza, Heather Sent: Wednesday, April 01, 2009 1:02 PM To: 'Kristy'; Terry, Mark; 'Tamara' Cc: 'Cremers, Bill'; 'George Solomon'; 'Martin Sidor; 'Ken Edwards'; 'Joseph Townsend' Subject: Nickart building height-attorney discussion I spoke to Frank Isler on the issue of whether the Planning Board can limit the height of the future buildings in a subdivision. He said that the Planning Board probably can't limit the height of the buildings, except if there was some compelling reason to do so in our SEQR findings. Because we already issued a Negative Declaration, and we haven't had any new information that would cause us to re-open SEQR, then we shouldn't pursue the issue of height of houses on the Nickart subdivision. We should still conduct a site visit this coming Monday at 3pm to look at the road that is planned to serve the lots. It is very narrow, and two other lots already use it. The width of that road needs to be shown to meet the code requirement for the minimum road width for a subdivision. Also,part of the problem with this application is the difficulty in reading the plat. We should require them to submit a new map(not just plot plans)that clearly show all the elements required by code. Sketch plans have no guarantee of remaining unchanged, and a map we can't read leads to.problems for everyone in the future. Heather /O tJ JEln�fK Mona Heather Lanza, AICP I `cA l Town Planning Director I r 53095 Route 25 P.O. Box 1179 �� Southold,New York 11971 a i ► Phone: (631)765-1938 G °� E-mail: heather.lanza@town.southold.ny.us Xet-'e- 4/1/2009 /i��f 1A1/l f a 03 5• �©ICJ �`S`S�/� . �� q 44J 2 • • Page 1 of 1 Winser, Kristy From: Terry, Mark Sent: Wednesday, March 18, 2009 3:59 PM To: Winser, Kristy Cc: Lanza, Heather Subject: Nickart Realty Corp Kristy, Note that the mylar and paper plats that were signed by the SCDOH and submitted by the agent do not match. The mylars do not show the 15 vegetated buffer! Also the limits of clearing are referenced on the paper plats as 60% and are not referenced on the mylars. The limits are required to be platted. This is a key point because I think that it may be hard for the applicant to meet the limits; the Planning Board should be made aware of this. Other issues; 1. No driveways are shown. 2. Building envelopes are not clear(front yard-side yard) Lets review more tomorrow. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631) 765-1938 Mark_.Terry.. town,southold.ny.us 3/19/2009 HIGHWAY SPECIFICATIONS TOWN O F S O U T H O L D STANDARD STONE BLEND ROADWAY Right-of-Way Right-of-Vey � 25' - 0" � I 12' - 6" l2' - 6" -V 1. 1'-6" 3'- " 16'-0" ROAD SECTION V-0" I'-6" I I 1 � I 3" CROWq —(typical) A" SLOPE- 1.3 TOPSOIL MAX. TO TO BE EXISTING CLEARE0 GRADE RAKED L SEEDED 2" COMPACTED WEARING COURSE 3/4" STONE BLEND FINE GRADE 6" COMPACTED E COURSE EXISTING BANK RUN OR OTHER SUITABLE MATERIAL NO SCALE Prepared mW Approved By LDZRAYUGReco'aadad By: Superlateodeet of RSBAvays JAMES A. RICRT� if�+/i��ry✓✓Q� �. April 20, 1993 ARCHITECT RATMIKU L. JACOBS DATE 161 Attachment 1:9 05-01 -2006 r MIDD4 ROAD �C.IZ. 2'f)�4 $} ' E4ls'(i N r+vrtts 24 11C4 �4 ')� ONE sioa Cy YQIIYi; 10' 1 C-fdaaesE PP'tlo CN Sp-cuNP L6VEL ttA 4 t o; PR�eost�� : } 0 I}m VQ aie,lrrcyy11l1 AA V r� YGe- t i p1/`} <. �Jl f) b b A.( �ipn•Y, J.�' FCE't I` � � 1 /V U� I �1.� I �W QI.D COPE BOULEVARD '251.12 0, Ok ?. I'•-ytatsr drt'vicc�. n. � � N � °; �\� p O � l0 O D A. ,h ut S t1 `J r , i tyy �`.JN!�4�r 1 C3 Q � `� �.O• IbN"thorkd .etl4Mn 1t A .0 ' ��ii� b MN tansy bt t�xel�ettotf W , t � I�'TI0M 4/LL{k�R(l� N . Y , 4i'IN117��MNeW rgkQ� `. ;p �coer. butktilad t _ 4MAP r4t Z' 6 3' $ 4 • i' pkh(or=' .muw.a»s1 gNu f+q�be n'MN +IrK fe bravahe tr t«Nr "'b"'d % , /N ws or H i� oQr1ranmenrwrmlmonll fwton 4ub Nn `�•O+b• nO{.Q COVE" ter.wired • `q'�"'1hi w+�i � ntl on nN Mhgf N,fN F� umt m� govnrnmimoli + t*O,�1 'hrsfm m>to,nron hqW nY cwi qw� f �a°?gO' �AMSHAMOfAMU6 e x CYur `nangv ' ' fir POND) Y.N•1:�n.i ln.p[.f io+.N Y.q�.y.,, nwnni MAD OF PROPERTY AAMtC cHAKarD F'Ra SURveyep FOR. ^ ._t,C?3�ti,1 �HiLiF�P1U�5 rota: arrsrli� aoae ,i,a ow cove BOukvdrd ara }mlvats rogde. AT AMSHAM0MAQUE lJot4• Tnrt.uII gwract++edtb7Plo Rtfo TOWU OF UUT440L0, N.Y. 6um-ani v"" trT July zq'i9Z0. fz �w- a4dr4ttteed to The Title d4watrtate of NAF Co. QS surv8yed Mal 6, 19f48• Sca4e t 4p'e I" y�o.cK vaay* VAat TUYf- t� S*c-I I . y r2s� CS25 Licensed Land Surv4ier6 �inao V. Title No. 1Z591OZ 2 �G.. y/Z ,(;'•. '• t✓i. a "t ^ 1 YON AL + S 1 A z • v t � L •y . r J Pill y l " i - r- " go . . - R ir r �r-_ s:..�k, ;,,max. .+ 3-�. _ +.-. , ��..." .•.. ", r" _:���. n-�-tbd&. � �I_—i } � � �f ����._�•..,�.^.. • w.n ' ME-- yl,M w u J_ s e • a 4_ f H " `Y i'. 5f MIDDLE ROAD N 61 59,10" E C R• 48 f z ¢ ra /93 8B• a -- _- 387,76' r LOT / -- - - - - _ _ wS ar,` to = -i LOT 2 ! � rB B/ Ez 7,3 � r. 0.5. / •'' !� ° re B2� 20, PROP' FRENCH _ u=. race o EL r� DRAN/.5• WIDE .t 3•PEEP / S. 61059,10" W. r / to_ race E snw ea�V¢ ¢ 7.B o a —ae Ss- ... OLD COVE ___ - FRENCH DRAW CROSSECT/ON ¢ BOULEVARD (privofe Is3 es' am ,,, - . a+• roodl ¢ 7.7 I —i EXISTING GRADE � -TEST BORING B/ O C4W 6o TEST BORING B2 ✓ 0 .,p COARSE 9 - DIG DOWN TO SAND (Sp/ ° _ 0. /� f?ig GRAVEL .�± BACKFrCL WITH SAND rSW) rA�u Z ro ^� STONE m TO 3'BELOW GRADE BA SAS '� "' D �-'m cowu �7 obo_1.5_ao°y0 WITH COARSE GRAVEL d`STONE z w y,� l !.V . 3• - PUNCH HOLES/SA'V' LOAMY 11 PALE BROWN FinE ro 1'n ,_„�14 SAAV EVERY 25'' TO EX/STWG 3• „(Ll.►w- sw SAND rswl �SAro PLAN OF PROPER T Y 3• EX/STING uvowv FwA TO a2 taAUY sAM SW FOR DRAINAGE SAND Sp 'S �1reR ¢ Z-r F"E iO Alt ' SAW NICKAR T REALTY CORP. r £L 2.7 .SF Mr0�"E w�ro sm. A T SOUTHOLD, N. Y. B /000 - 52 - 02 - 13 WAX N av"MC e• CLAY ON ».A,�,�� BOB � \ Scaler / " 8.5 = 4o, RAIN RUNOFF COMPUTA TIONS wArER I✓BROWN 9 C 26, � wBB ro coaRse MA COARSE Jan. 2009 rF. sw r'"e' TO coARse 2' RAINFALL SAM sr PAVEMENT AREA rr R V v, -- -• GRAVEL 5180 SOFT. ASPHAL T 1260 SO.FT. COEFFICIENT 0.6 - GRAVEL I - ASPHALT RUNOFF 0.17x5180.0.6 = 528 CL!FT. 0.17*1260= I - 214 CU.FT 74214.5 = 165' 742 CU.FT. FRENCH DRAIN 1.5' WIDE 3' DEEP x 175' LONG N.Y.S. LIC NO. g961B ELEVATIONS AND CONTOURS ARE REFERENCED TO CONIC S YORS, P.C. N.G.V.D. (631) 765 - 5020 FAX (631) 765 - 1797 P. 0. BOX 909 1230 'TRAVELER STREET SOUTHOLD, N.Y. 11971 9 7-290 NORTH ROAD (C. R. 48) «a ' At 61'5990'Q �'" l93 88' �s °°w" 387.76 2 6N`fER to rip, not" -- maser ti USN e b jepJ i s u et¢o °�01Pe uy'" tat" rs ar ELWE urn 10 10'[� w b Li 0 m O II\\ utnin l0 6/'ss,1o• W.LD Old Cove Boulevard ( rivalel 3ezes' IZO s Wide► N 10, ,yrc� Zo.W10 �p � •l �ee�on rc9rr�. \ j jai<� \lo �t C�• �b �V`A O ',. PLAN OF PROPERTY N FOR NICKART REALTY CORP. Mir 2 s W AT SOUTHOLD 2009 d i I SUFFOLK COUNTY, N. Y. x 1000 - 52 02 - 13 Scale 1` ° 40' y a w PECONIC SURVEYORS, P.C. m May 27, 2009 l6311 765 - 5020 FAX (631) 765 - 1797 P. 0. BOX 909 m 1230 TRAVELER STREET m SOUTHOLD, N.Y. 1197I 97-290 m N W N � r NORTH 1' ROAD (C. R. 48) M 61'5970-E. Muw AMMar to M l-- Is B a0 olwal 14.4 aau srr �. LATH to �� N a� o IVEY LAM /B O y a um a un� w w I 10' O t m O um 4 O i _ 00 �1 �p S 61.591o• W. _� o 0_d_ Coves Boulevard (private) 3e7sB a aa, — � (20• Wide 2K'S�4n _ � w )Z a.W / y i/ Town en �'/ • /a� �.Vtr� prop[� /� 44 PLAN OF PROPERTY N FOR Z NICKART REAL TY CORP, ° A T 'SOUTHOLD RAY 9 2�pg a SUFFOL K COUN-TY, N. Y. W 1000 - 52 7 02 - 13IL r s0e' 1' = 40 µ` _�' PECONIC SURVEYORS, P,C. m May 27, 2009 (6311 765 - 5020 FAX 16311 765 1797 m P. 0. BOX 909 1230 TRAVELER STREET m SOUTHOLD, N.Y. 11971 97-290 N i N F. DECLARATION AND COVENANT THIS DECLARATION made tQ day of o� 2008, by NICKARTY REALTY CORP., a domestic corporation having its offices located at 775 Brooklyn Ave., Baldwin, New York 11510 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 �}}> IZC �Si I�Qe�anan � �LQS aljU }lni �ov � oE Sov{ho�C� �(Uwnq I�cG�d �r q minor S�.�Jc{wisiuh '�,� lcl�n� lef5 '� avL�� ,1 WHEREAS, for and in consideration of the granting of a minor subdivision application entitled, "Standard subdivision of Nickart Realty", as shown on map entitled "Subdivision of Nickart Realty Corp" prepared by Peconic Surveyors,. Inc., dated February 10, 1998 and last revised on April 1, 2008, 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. No further subdivision of any of the lots on the approved subdivision map in perpetuity. wti estG b. No changes to any of the lot lines'without Planning Board approval. i c. 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, pursuant to Chapter 236 Stormwater, Grading and Drainage control 1 Law of the Southold Town Code. d. No direct access, curb cuts or driveways f m or to County Road 48 from the parcels. These covenants and restrictions shall run ith the land and shall be binding �1 S upon the Declarant, his successors and assigns, a d upon all persons or entities claiming under them, and may be terminated, revo ed or amended by the the owner of p yt property only with the written consent of the Town Southold granted by a majority "" plus one vote of the Planning board, after a public h aring. If any section, subsection, paragraph, clau phrase or provision of these covenants and restrictions shall,by a Court of co patent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstituti nal, the same shall not affect the validity of these covenants as a whole or any of er part or provision hereof other than the part so adjudged to be illegal, unlawful ' alid, or unconstitutional. The aforementioned restrictive enants are intended for the benefit of and shall be enforceable by the Town of outhold, 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. NICKART REALTY ORP. BY: NICK PALEOS State of New York ) ss: County, of f/ On this , day of) " 2008 before, the undersigned, personally appeared NICK PALEOS, 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. 09ANkfAMELL. NOTE BLIC.STATE O0 NEW YW4L �h)>dof r; 01FA5046894 O IN NASSAU COUNTY QofA NWRIER JULY+7� "NotaPub4 j-Ir; ,►� a� �. sue) 'o° �1+? (P' °tart OQ A1' rR0 r °`'`t d tPbn` a / REviE M:*,,, ; g to�3olot, y A 0"ePf tp c' TQTiatL ARE'c 34,69— ' g- ft l HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISi g 0 aN"' ' TOTAL NO. OF LOTS = Q SYSTEM(Sl FOR TMS PROJECT WERE DESlr WD BY ME OR UNDER MY DIR l p1ef� 16 cf. t pd'p`er AREA LOT 1 = 17,438 s ft. WATER BASED OO UPON A ALA AAO ��� STUDY OF' THIS' SOK. SIT£ r' C el°� �`' M°t q r ^ PROPOSEp, CONFORM TO THE SWF01 0 cg 06 AREA LOT 1�,438 9q. f#. DEPARTMENT OF HEALTH SERVICES CON TRLX 3TANDARDS NV EFFEC 0c AS OF THIS DATE t P"ct°r , ZONING DISTRICT R40 ' orl MICHAEL MAPES N.Y.S. P.E. LI NN0. 7050 — SUFFOLK COUNTY'D�PAR7fAENT OF HEALTH SERVICES HAU PAU , N. Y. OWNER: TEST BORING TEsrBORWB NICKART REALITY CORP. BI 775 BROOKLYN AVENUE _ a ° e2 DATE_ APR 2 5 Z00B BALDWIN, NY 11510 4�E E TO - l � yp ALYED SAND t LOAM � I �0 D7G501 SM PALE BROWN FfE' TO uEn sAno yr' THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT F1�fS l3TE� gPl'ROVE 411 SAM a BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTIO o �, eq LOAMY s�Ab srr This Is to �ertif that t " OF APPROVAL DATED_ eT FAV TO ,4E'D. SAAv sP for_NiCfGarY e4� Proposed Realty Subdivision or Deveiopmen+t l ot0in the ,ty Nyyear WATER N I A[E BR. 2.7 —� '"` • wr vr310ta WOh BY yp E .n.c . FlnE rowED. sAND yh•.{Bxpec�ed approved on t e above date. Water Supplies and Sewage Disposal IAI AN CANNING BOARD cr`w SP 5ro�a k�ar Facilities must conform to construction atandords in effect of the @AON Wdcr B' - time of construction and are subject to seperate permits pursuant ow wA rER ev eR. eos to those atandords. This a WN 7 r pproVOl shall be valid only If the realty - I HEREBY CERTIFY THAT THIS SUBDIV15iON PLAT WAS MADE FROM SE WATER AV BROWN subdivlon/development mop Is duly filed with the County Clerk within FOE To COARSE ACTUAL SURVEYS COMPLETED 12/i/i7. THAT ALL MONUMENTS sw SAND one year of this date, Consent Is hereby given for the filing of this SHOWN THUS A ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY IT• sw mop on which this endorsement appears In the Office of the County SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. Clerk In accordance with provisions of the Public Health Low and the _ Suffolk County Sanitary Code. x N.Y.S.. . vrrb A. rrMFtEi, P.E. WATER SERVICE Director, Ofl o n aRrl en y tC ti FLOOD ZONE, AE ( e/. l0) } A FROM F/RM MAP NO. 36103CO158 G ANY ALTERATION OR ADDITION TO THIS SURVEY IS A viOLATION N. Y.S. Ll . ` OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW PECON/C VEYORS, P.C. ELEVATIONS ARE REFERENCED TO N.G.V.D. SUR EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS (631) 765 — 5020 FAX (631) 76� HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR P. 0. BOX 909 WHOSE SIGNATURE APPEARS HEREON. 1230 TRAVELER STREET SOUTHOLD, N. Y. 11971 97 - ,290 ifveIcJ SaI/ K0.(at5`/�/�h N IL NORTH ROAD 'z (C. R. 481 c 0* ' n , � , V n ►xr /g366 .At �ewrar 387.76 �J Inar arr uni N un� b0 um I p s.� b 4-5 ry- Ol 0. ex,5,(- Cove ulevar`d,-6va/e) f '(2 ' Rc4! c Widel Cen4ct- Line oa� PLAN OF PROPERTY FOR ,..j�_ NICKART REALTY CORP. MAy a AT SOUTHOLD 9 4vog / SUFFOLK COUNTY, N. Y. 1 1000 - 52 - 02 - 13 S0e, 1' = 40' .� .. �' FECONIC SURVEYORS, P.C. May 27, 2009 (631) BOX 90920 FAX f630 765 1797 »" 1230 TRAVELER STREET SourxoLD, Mr. u97i 97-290 N , 16' p�oPux Roan w.. �—� — e�i'sf ao R C, c,�1 ?R+poscJ S` eXk.,1';oft 4 « as` Ro�,J SCOTT A. RUSSELLfft ellJAMES A. RIGHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD ap k TOWN OF SOUTHOLD,NEW YORK 11971 Far. (631)-765-9015iCA '+ Tel.(631)-765-1560 al �y�tJ 7AMIE.RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor September 9, 2009 Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Nickart Realty Corp. Two Lot Subdivision SCTM #: 1000-52-02-13 Dear Mr. Sidor: As per a request from your office, I have reviewed the revised site plan for the above referenced subdivision. This site plan has been prepared by the office of Angel B. Chorno, Architect and has been stamped by the Planning Board with a date of July 7, 2009. Please consider the following: 11 This Drawing should be Sealed, Certified&Dated by the Design Professional prior to final Planning Board Approval. 2. 1 have discussed the proposed Front, Side & Rear Yard Setbacks with the Building b(L Department. At this time, there i; ;till ranhision with regard to the Gravel Drive alonq the G'CAW. Southerly Property line. If this gravel drive is considered a "road" then there may be an 4L �,M additional Front Yard to consider. Please contact Michael Verity for his review&comment 6' Z prior to Final Subdivision Approval. j 3. As per my last Report dated 4/8/09, this Site Plan indicates a new twenty five (25) foot wide Right-of-Way(ROW)for the Blue Stone Gravel Drive along the southerly property S' line. However, this ng width appears to have been centered on the old ROW. The property south of this gravel drive is not n y before the Board and as such I do not rf r believe that we can ask those land owners to loose property rights to an expanding roadway. 0 It was my intent to require that the additional five (5') feet for the ROW be taken from the-7 subdivided property. This new ROW location shown on the Site Plan should be adjusted) \ter ! accordingly. 4. The newly graded 16' wide Blue Stone gravel road shown along the Southerly Q�O�►}� Property Line should be pitched in a Northwesterly direction in a mannerthat will direct storm water to the Droposed French Drain. This proposed new grading should be completed in a� manner that will not adversely affect existing driveways, landscaping &adjacent properties �,v that are to remain. K�r, ' p� Page 1 of 2 �Ll Martin H. Sidor, Chairman - Planning Board September 9, 2009 Re: Nickart Realty Corp. SCTM #: 1000-52-02-13 Page 2 of 2 5. The Calculations & Drainage design provided for the proposed residential / construction meets the minimum requirements of Chapter 236 for Storm Water Runoff. V 6. This Subdivision work, as proposed by this drawing, will require the inspection and / approval of all new work shown or indicated. Please remind the developer that my office will V require at lease 24 hours notice, (please call 765-1560), prior to the commencement of any new work. If you have any questions regarding this review, please contact my office. cer Iy, J es A. Richter, R.A. TArcha CKEReology Services, Inc. T-omaLag de 17oo4r p-fOlf�/ef/HLCffOYJ 1 REPORTS OF INVESTIGATIONS Phase I Archaeological Investigation for the proposed Nickart Realty Corp. subdivision Southold, Town of Southold Suffolk County, New York January 2009 1 Prepared for: Patricia C. Moore Attorney at Law, Southold, New York 1 Prepared by: Alfred G. Cammisa, M.A. /RPA Felicia Cammisa, Alexander Padilla Report#: 614 TRACKER ARCHAEOLOGY SERVICES, INC. MONROE, NY 10950 . (845) 783-4082 NORTH BABYLON, NY 11703 • (631) 321-1380 MANAGEMENT SUMMARY PR . none known t Involved agencies: Town of Southold Phase• Phase IA & IB Location• ' Southold Town of Southold Suffolk County ' Survey Area: Length: about 75 feet (23 meters) north-south Width: about 375 feet (114 m) east-west. ' Acres Surveyed: about .75 acres ( .3 hectares) USGS: Southold, NY ' Survey overview: ST no. & interval: 27 ST's at 50-25ft (15-7.5m) intervals. Size of freshly plowed area: na ' Surface survey transect interval: na Results• NO prehistoric or historic remains. ' Results of Architectural Survey: No. Of buildings/structures/cemeteries in project area: none No. Of buildings/structures/cemeteries adjacent to project area: 3 ' No. Of previously determined NR listed or eligible buildings/structures/cemeteries/districts: none No. Of identified eligible buildings/structures/cemeteries/districts: none ' Authors: Alfred G. Cammisa, M.A./RPA Felicia Cammisa, B.A. Alexander Padilla, B.A. Date of Report: Report completed January, 2009 1 1 1 ' TABLE OF CONTENTS ' Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 ' Prehistoric Potential . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3 ' Historic Potential 3-5 Field Methods 5 ' Field Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Conclusions and Recommendations . . . . . . . . . . . . . . . . . . . . . . 6 Bibliography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7 Appendix 1: Figures and Photographs Appendix 2: Shovel Test Notes ' LIST OF FIGURES ' Figure 1 Portion of the Southold, New York U.S.G.S. Figure 2 Location of shovel tests on the project area. ' Figure 3 Portion of the 1797 township survey. Figure 4 Portion of the 1836 Colton map. ' Figure 5 Portion of the 1858 Chace map. Figure 6 Portion of the 1896 Hyde atlas. Figure 7 Portion of the 1904 USGS. Figure 8 Portion of the County Soil Survey. 1 LIST OF PHOTOS Photo 1 Looking west from ST 21. ' Photo 2 Looking east from ST 21. Photo 3 Looking south from ST 21. 1 INTRODUCTION ' Between January 17 and March 4, 2008, TRACKER-Archaeology Services, Inc. conducted a Phase IA documentary study and a Phase IB archaeological survey for the proposed Nickart Realty Corp. subdivision in Southold, Town of Southold, Suffolk County, New York. The purpose of the Phase IA documentary study was to determine the prehistoric ' and historic potential for the recovery of archaeological remains. The Phase IA was implemented by a review of past and current environmental data, archaeological site files, other archival literature, maps, and documents. ' The prehistoric and historic site file search was conducted utilizing the resources of the New York State Historic Preservation Office in Waterford, New York. Various historic and/or archaeological web sites may have been visited to review any pertinent site information. The purpose of the Phase IB field survey was to provide physical evidence for the presence or absence of prehistoric or historic sites on the property. This was accomplished through subsurface testing and ground surface reconnaissance. The project area consists of the entire property, approximately .75 acre. The property is bordered to the north by North Road (CR 48) , to the south by Old Cove ' Boulevard (private road) , and to the remaining sides by private properties. The study was conducted by TRACKER-Archaeology Services, Inc. of Monroe, New York. Prehistoric and historic research was conducted by Alfred Cammisa, M.A. ' Field investigations were conducted by field director Michael Barrett, B.A. and field technician Alexander D'Amico, B.A. Report preparation was by Alfred Cammisa, Felicia Cammisa, B.A. and Alexander Padilla, B.A. ' The work was performed for Patricia C. Moore Attorney at Law, Southold, New York. ' ENVIRONMENT Geology ' The project area is located in the southeast portion of New York State in the northeastern part of Suffolk County. This portion of New York lies in the Atlantic Coastal Plains Physiographic Province. The coastal plain slopes gently eastward and is actually a strip of recently emerged sea bottom. The soils in ' this region consist largely of sand, clay and marl (a mixture of clay, finely fragmented shell and calcite) . This region of Suffolk County, on Long Island's North Fork, lies on the Harbor Hill Moraine. This moraine extends from Orient Point to Lake Success crowning the north shore escarpment overlooking the Long ' Island Sound. West of Port Jefferson to Lake Success the moraine forms the heads of bays. It continues through Brooklyn and into New Jersey. A glacial meltwater channel had once separated Orient Point from the rest of the north fork ' (Schuberth 1968: cover map, 9, 184-186; Van Diver 1985: 70; Sirkin 1995:142, 149- 150) . Soils and Topography Soils on the project area consist of: ' 1 Name Soil Horizon Color Texture Slope Drainage Landform ' Depth in(cm) t Inclusion ' Cut & Fill na na LoFiSa or 1-8 well 75% cut & coarser fill, 25% Plymouth, Carver, ' Haven, or Riverhead (Warner 1975: map #5, pgs. 68) . Elevations on the property are approximately 5 feet above mean sea level. The project area is located on the north fork, a peninsula. Hydrology ' The property is approximately 170 feet north of Hashamomuck Pond, a tidal inlet, which drains south into Shelter Island Sound. The Long island Sound is about 300 feet to the north. ' Vegetation The predominant forest community inhabiting the Coastal Plain in this vicinity (Cape Cod to the Carolinas) was the Northern Pine-Oak Forest. These forests are ' maintained largely by the effects of frequent fires. Were it not for the fires which the pine species have adapted to, these forests would slowly change to Mesic, dominated by oak, hickory and red maple. Northern Pine-Oak Forests fall within the larger Xeric Forest category. Xeric forests occur on sandy or ' otherwise poor soils that are overly dry. All coastal plains of eastern North America are Xeric. They generally have lower species diversity than bottomland forests (Kricher 1988:16-17, 65-66) . The reason the forest soils and surfaces are so dry in this moist region is due to the excessive drainage of overly sandy soils on the Coastal Plain. At the time of the Phase IB archaeological investigations, the project area consisted of an overgrown lot with small pine trees, and thorn and other bushes. PREHISTORIC POTENTIAL ' A prehistoric site file search was conducted at the New York State Historic Preservation Office (NYSHPO) . The search included a 1 mile radius around the ' study area. The following sites were recorded: 1 ' 2 t 1 ' NYSM Sites NYSHPO Sites Distance from Site Description ' APE ft(m) 7786 2625+ (800+) Late Woodland, Burial ' (large circle) 702 3000 (915) shell midden ' 703 3562 (1086) shell midden 701 2437 (743) shell midden A orient Period burial was recovered in this vicinity (Stone nd:map) . In addition, Indian trails were reported in the vicinity of the project area connecting the tidal creeks along the southern and northern portions of the north fork, one appearing along, or near, Route 25 and 48. Although the foot trails were reported during early historic times, they undoubtedly existed prehistorically. Assessing the known environmental and prehistoric data, we can summarize the ' following: -The property is approximately 170 feet north of Hashamomuck Pond, a tidal inlet, which drains south into Shelter Island Sound. The Long Island Sound is about 300 feet to the north. -The project area is comprised mostly of cut and fill soils. The project parcel is located on a peninsula. Previous archaeological investigations have shown these areas as more desirable for prehistoric occupation (Cammisa 1996) . ' -Several prehistoric sites are near the study area. -Indian trails were located in the vicinity. ' In our opinion, the study area has a moderate potential for the recovery of prehistoric archaeological remains due to cut and fill soils. If any soils are intact, the potential would be higher than average. The type of site encountered ' could be a small or large processing/procurement site. ' HISTORIC POTENTIAL Contact Period (Seventeenth Century) t At the time of European Contact and settlement, the study area was likely occupied by either the Minnapaugs, Hashamomuk, or Mantoobaugs. These were probably branches or villages of the large Corchaug tribe. (Stone nd:map; Stone- Levine 191:161) . It may have been Town policy to keep the Indians grouped in the western portion 3 of the Town which was considered wilderness at this time. In 1664 it was voted that the Indians could plant in Hogs Neck if they had sufficient fencing ' (Anonymous 1982:8) . Eighteenth Century A wigwam was reported near the planting fields close by the project area along ' the aforementioned foot trail. The wigwam was reported by Reverend Horton in the 1740's who probably lived in them while visiting (Stone nd: map; Stone-Levin 1980: 170) . ' The 1797 Town of Southold survey depicts Long Creek and Hashamomuck Pond. No structures are on or adjacent to the project area. The project parcel looks like beach or swampy land (Figure 3) . "After Greenport was incorporated in 1838, it became a prosperous whaling center and attracted much of the shipping and shipbuilding industry that had been centered in the hamlet of Southold. More changes came with the arrival of the ' Long Island Rail Road in 1844. Trains now carried farm products to market in the city and returned with tourists for new hotels and boarding houses. But the community remained primarily agricultural. There was already a long history of horse racing when Southold became the home of large breeding farms in the 19th Century" (newday.com) . Nineteenth Century ' The 1836 Colton map shows that no structures are nearby the project area (Figure 4) . The 1858 Chace map shows structures nearby but not on or immediately adjacent ' to the project area (Figure 5) . The 1896 Hyde atlas depicts no structures on or adjacent to the property ' (Figure 6) . In the late nineteenth century, farming became highly specialized in areas such as potatoes, cauliflower, brussels sprouts, peas, beans, and the like ' (Bailey 1949:162) . Twentieth Century The 1904 USGS shows no structures on or adjacent to the project area. The property looks to be marshy, wet ground (Figure 7) . ' An historic site file search was conducted at the New York State Historic Preservation Office (NYSHPO) . The search included a 1 mile radius around the study area. The following sites were recorded: ' -No sites reported. Assessing the known environmental and historical data, we can summarize the following: The property is approximately 170 feet north of Hashamomuck Pond, a tidal inlet, which drains south into Shelter Island Sound. The Long Island Sound is about 300 ' feet to the north. -The project area is comprised mostly of cut and fill soils. ' 4 1 -An Indian trail was located in the vicinity as well an a wigwam and planting fields. ' -No historic sites were reported nearby. No historic map documented structures were on or adjacent to the property. The ' property appears to have been wet, marshy ground. In our opinion, the study area has a low potential for the recovery of historic Native or European American sites. If any good ground is on the property, the ' potential would be moderate. FIELD ]METHODS Walkover ' Exposed ground surfaces were walked over at approximately 3 to 5 meter intervals to observe for artifacts. Covered ground terrain was also reconnoitered at 15 to 7.5 meter intervals for any above ground features, such as berms, depressions, or rock configurations which might be evidence of a prehistoric or historic site. ' Photographs were taken of the study area. Shovel Tests Shovel tests were to be conducted between 15 to 7.5 meter intervals across the project area. Each shovel test pit measured about 30 to 40 cm. in diameter and was dug into the underlying B horizon (subsoil) 10 to 20 cm. or more when possible. A11 soils were screened through 1/4 inch wire mesh and observed for ' artifacts. Each shovel test was flagged in the field. Any positive shovel tests were doubled flagged. All shovel tests and any archaeological finds were mapped on the project area map at this time. Soil stratigraphy was recorded according to texture and color. Soil color was matched against the Munsell color chart for soils. Notes were transcribed on pre- printed field forms and in a notebook. FIELD RESULTS ' Field testing of the project area included the excavation of 27 shovel tests (ST's) across the project area. No historic artifacts or features were encountered. No prehistoric artifacts or features were encountered. Some of the property, nearer the road, appeared to be fill. ' Stratigraphy across the project area included the following: -O horizon - 0 to 33 cm. thick of forest root mat, leaf litter, and humus. At times this level was stripped. -A horizon or fill - 22 to 31 cm. thick of 10YR3/4, dark yellow brown sand or 10YR6/6 brown yellow fill sand. ' -B horizon - 10 to 20 cm. dug into of 10YR5/6 yellow brown sand. This was not always present. ' 5 CONCLUSIONS AND RECOMNENDATIONS The Phase IA had determined the study area had a moderate to higher than average potential for the recovery of prehistoric sites. The property had a low to moderate potential for historic sites. The Phase IB resulted in the excavation of 27 ST' s. No historic or prehistoric artifacts or features were encountered. No further work is recommended. BIBLIOGRAPHY Bailey, Paul ' 1919 Long Island: The Story of Two Great Counties, Nassau and Suffolk. Volume 1. Lewis Historical Publishing Company, New York. Bayles, Richard ' 1962 Historical and Descriptive Sketches of Suffolk County. Empire State Historical Publishing Company XVIII. Cammisa, Alfred G. ' 1996 Phase IB Archaeological Survey and Phase II Intensive Testing of the Pellicano Site for the Proposed Bayview Development Bayview, Town of Southold Suffolk County, New York. TRACKER-Archaeology Services. Ms. on file with NYSHPO. Kricher, John C. and Gordon Morison 1988 The Peterson Field Guide Series: Eastern Forests of North America. Houghton Mifflin Company, Boston. Levine, Gaynell, editor 1978 Readings in Long Island Archaeology and Ethnohistory, Volume 2: The Coastal Archaeology Reader. Suffolk County Archaeological Association. ' Newsday 1998 Southold Hamlet. Our Towns http://www.newsday.com/community/guide/lihistory/ny-historytown-hist006w ,0,7900500.story?coll=ny-lihistory-navigation. Pelletreau, William 1982 Southold, in History of Suffolk County, 1683-1883. Suffolk County Tricentennial Commission. W.W. Munsell and Company. ' Schuberth, Christopher J. 1968 The Geology of New York City and Environs. New York: Natural History Press. ' Sirkin, Les 1995 Eastern Long Island Geology with Field Trips. Book and Tackle Shop, RI. ' Stone-Levine, Gaynell 1980 Language and Lore of the Long Island Indians. Readings in Long island ' 6 Archaeology and Ethnohistory. Suffolk County Archaeological Association. ' Stone, Gaynell 1993 Readings in Long Island Archaeology and Ethnohistory: Volume 3, The History and Archaeology of the Montauk. Suffolk County Archaeological ' Association. Thompson, Benjamin Franklin ' 1918 History of Long Island. Volume 2. Ira J. Friedman, Inc. , New York, Tooker, William Wallace 1962 The Indian Place Names on Long Island and islands adjacent, with their ' probable significations. Ira J. Friedman, New York. Van Diver, Bradford B. 1985 Roadside Geology of New York. Missoula Montana: Mountain Press ' Publishing Company. Warner, John W. ; W. E. Hana; R. J. Landry; J. P. Wulforst; J. A. Neeley; R. L. ' Holmes; and C. E. Rice 1975 Soil Survey of Suffolk County, New York. U.S. Department of Agriculture, Soil Conservation Service in Cooperation with Cornell Agricultural Experimental Station. ' Mans Chace, Jay 1858 Map of Suffolk County, Long Island, New York.Philadelphia: John Douglas. Colton, J.H. ' 1836 Map of Long Island. J.H. Colton. Hyde and Company 1896 Map of Long Island. Brooklyn, New York: Hyde & Company. ' Jensen, H.M. and J. Soren 1974 Hydrology of Suffolk County, Long Island, New York. U.S. Geological Survey, Washington, D.C. ' Stone, Gaynell not dated Map of Native Long Island. Long Island Culture History Lab & Museum- Suffolk County Archaeological Association. ' United State Geological Survey 1956 Southold, New York quadrangle map, 7.5 minute series. 1904 Shelter Island, NY quadrangle map, 7.5 minute series. t 7 1 I ' "Minix 1 1 R CKERALI - 1 J rc'l+urala;;r .5 rrrici'�. Ittc. � =` ,� • . . , + 1 q _ �(,� '• Projec c . f.4.. area :y - k. - 1 10 , \` • ' ha;t. Has - _ .s aA ' 1 ` • ; i • IL rt' p f Figure 1 Portion of the Southold, NY USGS 1 1 1 Z1l r `G 1 /7 • 17 I 1 OpQ 19 15 5 6 18 1 6 mod► • • 1 �,d,V>• 2 4 20 14 I �� I3 25 0 21 2 \ . 13 2 22 1 3 1 T7 • • 2 7 ' 12 VolQ� 1 1 23 1 1 l • p0 1 ?4 100 I I p0#0 1 9 ow c i 1 FIGURE 2: LOCATION OF SHOVEL TESTS PROJECT NAME: NICKARTROCKER SCALE: 1 INCH = 50 FEET V PHOTO ANGLE Ambamlogy Ser*m Ina 1 • NEGATIVE SHOVEL TEST 100' 75' 50' 25' 0 50' 100' Ta.�gecunVd�A..�� 1 N 1 - ,• Figure 3 1 Portion of the 1797 town survey 1 Project -� JJ area . -• ^-•.r, � -.:• � �. ti 11Ll Figure 4 IPortion of the 1836 Colton map Project - 1' r� area �a -•�tt1•�rrt _ , 1, —• r_ _r A `t f ` I� � ,•, iar �nl rr,.� _� � _emu" _ Irk i ��� �,• �•; I {'4 ti t:� ••,� Project i �y't.y s .-, . •� `•� �' • -• area rFr two e.•i. of;..tI.•• rff f AvrR. 11 ` .••• Ar � �p.T f•1,1 � •'f • � �/ !1 e 1 �r I Oil Nq 1 � y i ,� ► 4#4 Oki L or • �':; •'�' Figure r 5 � . Portion of the 1858 Chace ma is N11,11,111111111111111111111 +� ;. :'� 90 r _ our. fie • i, ' i ,e WMAUP S Sion" alp .•cam � �s i" ws��� Project Si Ir • • off. area f • +s • i 1 '+ tap .` some ft I. • S &.Woo . •�4 "L ,r , JM � Ospocar r � !�►'� -� ;: i o a 'fir �L r • � - 1� S a UTH OL D Figure 6 " Portion of the 1896 Hyde atlas 04* jerk* lr.ordf pi good MOW t 1 n Imo L f ' I urr ` df ,, CD LL NMIL Cc G�sr I' CID i I r / Ct) .a r 114 Figure 8 " ' Portion of the County Soil Survey PIB F � m SdA dP : 5 Project �, w ' area R He r.��� RdB " Ra to w Rdq cps He HaA lr [[[JJJ \ �� ' ` _ l Has , PI—C Su ,,, /RdB ' ! PIB hil ch i JPQ Qa� aQ y � Has RdB / - SU ;' w RdA Rd s SdA F y� HaB �i FTm ( (j Tm �% 'rcy � B, PIB Su HaA SdB� �\ Q U °4 - RdB RdB T 1m , PR`C3 L Qa «� Su NaP V Si AAA PIB PIB o' RdB HaA Su `f� Fd S _ _ Qmg3 d� G w �d Has /' Ca HaA �5 Budds ,. HaA Has - Pond ' RdA— Has yd H E L a� Rs Su .S HaA Nam ._. 11 -- — - - N 44 NT ' � Sri .'� - b r 7. _ 1•ry r: • ter',' , . r e � 0 l fr: Y c IN ti _ 4 ats: rF . ,4. Photo 2 Looking east from ST 21 � ,. Ny9V1� �yj,j� r y, �. _ • � Looking south from 1 1 1 ""MIX 2 I 1 1 ' Shovel Teats ' STP Lv Depth(cm) Texture Color Hor. Com mats 1 1 0-1 rootmat,leaves,humus A/O NCM 2 1-43 Sa 10YR6/6 fill NCM ' 2 1 0-2 rootmat,leaves,humus A/0 NCM 2 2-38 Sa 10YR6/6 fill NCM 3 1 0-3 rootmat,leaves,humus A/0 NCM 2 3-43 Sa 10YR6/6 fill NCM 4 1 0-4 rootmatleaves,humus A/O NCM 2 4>39 Sa 10YR6/6 fill NCM ' S 1 0-3 rootmat,leaves,humus A/O NCM 2 3-41 Sa 10YR6/6 fill NCM ' 6 1 0-4 rootmat,leaves,humus A/O NCM 2 4-26 Sa 10YR3/4 A NCM 3 26-38 Sa 10YR5/6 B NCM ' 7 1 0-3 rootmat,leave,humus A/0 NCM 2 "3-27 Sa 10YR3/4 A NCM 3 27-38 Sa 10YR5/6 B NCM 8 1 0-3 rootmat,leaves,humus A/O NCM 2 3-20 Sa 10YR3/4 A NCM 3 20-32 Sa 10YR5/6 B NCM 9 1 0 rootmat,leaves,humus A/0 NCM 2 0-26 Sa 10YR3/4 A NCM ' 3 26-39 Sa 10YR5/6 B NCM 10 1 0-2 rootmat,leaves,humus A/0 NCM 2 2-28 Sa 10YR3/4 A NCM ' 3 28-39 Sa 10YR5/6 B NCM 11 1 0-3 rootmat,leaves,humus A/0 NCM 2 3-28 Sa 10YR3/4 A NCM 3 28-38 Sa 10YR5/6 B NCM 12 1 0-3 rootmat,leaves,humus A/0 NCM 2 3-29 Sa 10YR3/4 A NCM 3 29-39 Sa 10YR5/6 B NCM 13 1 0-2 rootmat,leaves,humus A/0 NCM ' 2 2-33 Sa 10YR3/4 A NCM 3 33-45 Sa 10YR5/6 B NCM 14 1 0-3 rootmat,leaves,humus A/O NCM ' 2 3-34 Sa 10YR3/2 A NCM 3 34-47 Sa 10YR5/6 B NCM ' 15 1 0-2 rootmat,leaves,humus A/0 NCM 2 2-17 Sa 10YR3/4 A NCM 1 1 3 17-roots 16 1 0-2 rootmat,leaves,humus A/O NCM ' 2 2-33 Sa 10YR3/4 A NCM 3 33-44 Sa 10YR5/6 B NCM 17 1 0-2 rootmat,leaves,humus A/O NCM , 2 2-28 Sa 10YR3/4 A NCM 3 28-39 Sa lOYR5/6 B NCM 18 1 0-2 rootmat,leaves,humus A/O NCM ' 2 2-24 Sa 10YR3/4 A NCM 3 24-34 Sa 10YR5/6 B NCM 19 1 0-3 rootmatleaves,humus A/O NCM ' 2 3:726 Sa 10YR3/4 A NCM 3 26-37 Sa 10YR5/6 B NCM , 20 1 0-2 rootmat,leaves,humus A/O NCM 2 2-27 Sa 10YR3/4 A NCM 3 27-38 Sa 10YR5/6 B NCM ' 21 1 0-2 rootmat,leaves,humus A/O NCM 2 2-28 Sa 10YR3/4 A NCM 3 28-39 Sa 10YR5/6 B NCM ' 22 1 0-3 rootmat,leave,humus A/O NCM 2 3-26 Sa 10YR3/4 A NCM 3 26-38 Sa 10YR5/6 B NCM ' 23 1 0-3 rootmat,leaves,humus A/O NCM 2 3-25 Sa 10YR3/4 A NCM ' 3 25-35 Sa 10YR5/6 B NCM 24 1 0-3 rootmat,leaves,humus A/O NCM 2 3-28 Sa 10YR3/4 A NCM ' 3 28-39 Sa 10YR5/6 B NCM 25 1 0-2 rootmat,leaves,humus A/O NCM 2 2-42 Sa 10YR6/6 fill NCM , 26 1 0-3 rootmat,leaves,humus A/O NCM 2 3-43 Sa 10YR6/6 fill NCM 27 1 0-3 rootmat,leaves,humus A/O NCM ' 2 3-27 Sa 10YR3/4 A NCM 3 27 -37 Sa 10YR5/6 B NCM , I MIDDLE ROAD , (C. R. 48) 387.76' N. 61'59'10' E. 173.83' 93.88, Vegetated Buller ,� © REDa9AtM 20.� sd`" NRED CEDARS �© — _T _ -----�" RI HALL f6TAJ�M HALL QT3 C 3 o w w w w w w LOT O `"• m m LOT 0 w w w w w w to be PLANTED ° to be PLANTED o � /Y. p• m e � � r- u a z 56 N/0/F s m I P w Gp GP SUNSET POINT o o ma M ~ LLC o dP /P s to PROPOSED HOUSE m ROOF RUNOFF >< o PROPOSED HOUSE s tp Lorl o Ip E F I LOT I - 1792 sq.ft. 0 1792 • I • 0.17 = 305 cu.fl. to 305128.3 = H VF. m `R PROPOSED SEPTIC SYSTEM MALL PROVIDE 6 OWS. 6'I • 2' Deep - a n d PROPOPED SEPTIC SYSTEL WALL 51 ROAD CLEARI AWA m LOT 2 /93.ff• S 6P59,10- W. _173.ff' S 61'5970' IE 6' ROAD CLEARANCE AREA LOT -1792 sq.lt, PROP. FRENCH GRA . mo. 1792 • I • 0.17 - 305 cu.ft. 305/28.3 - II VF. TY LW. 173.f3' PRVIDE 6 DWS. 6'0 - 2' Deep N I�'BB 13833' 11& off or SYWIRLm - I2t6�' - 1II6�r O I NIL. IRr - N W" S 6105970' W. "oar "OLD COVE BOULEVARD" N/OIF A. 8 M. PHILPPIDES LIVING TRUST N/O/F I . FE ER ( PRIVATE , ROAD) BEE HIVE DEVELOPMENT CORP. STACHT I AR I S I f I ' 1 , I ISAWITARY WALL AND VEGETATED BLFFER µY ExTETO INTO RIGHT OF WAY AS W/DEAED DI SL6✓ECT PARCELS, LOT I f LOT 2 MAP OF PART OF I - OF NE _ p . STREET TREE (RED CEDAR) •TOTAL AREA = 34,896 5 .fl. OLD COVE BOULEVARD AS WIDENED AND IMPROVEMENT PLAN rC � ET2 LOT I AREA= 17,438 sq.ft. AT SOUTHOLD �F.0. M ,,L NOTE, DETAIL OF FRENCH DRAdV - REFER TO LOT 2 AREA= 17438 sq.ff. Ll DRA OVA GE PLAN DATED 1126109 TOWN OF SOUTHOLD BAN 3 ] Z014 AREA OF VEGETATED BUFFERS 'ail-, AREA OF PRIVATE ROADS •5481 rq.R. SUFFOLK COUNTY, N. Y. _ S . 34896 sqq..11. - 5481 aq.Il. x 50M � 14708 sq.1l. � � ANY AL7ERITRIN 014 ADDITION TO THS SUtVEY IS A vDLATDN 15' VEGETATED BUFFER - - 544! sq.lf. I DOO -' S2 D2 - ).3 i W N.Y.S. LIL'. NO. 496J8 OF SECTION PER S OF TfE NEW YORX STATE EDUCATION LAN. SEPTIC WALLED ENM OSLRES - 5989 s .11. Scale , l " = 20 ' . YORS, P.C. LU Ci�- EXCEPT AS PER S£CTKW 7209-SI.BOIVISA7N 2. ALL CERTFKATIOVS III AM VALID FOR THS MAP AND COPES Th"SOF ONL Y 5' ROAD CLEARENCE AREA -2114 sq. 1' Oct . 22 2DD9 Oq OTOsoN i'.e f691 765 - 3020 FAX f631) 765 - 1797 F SAD MAP OR COPES BEAR THE AFRESSEO SEAL OF TIE Su VErOR /0' VEGETATED BUFFER 6OO s%/l , 'e P. 0. BOX 909 LL r. WNOSE SMNA MWE APPEARS tEREOM 10' VEGETATED BUFFER -600 sq.ff NOV. 9, 2009 (REVISIONS) SSI�MIv f230 TRAVELER STREET q . SOUTHOLD, IDLY. I19TT 9 7-29 /4744 s .11. VEGETATED NOV. l6, 2009 berlrlonsl DWELLING a IaP rr a ro Lr+ �', RETAMAi M117OLE ROAD C.R. 4B E. AA' ( Mono au ---J r, r Ae R f.P .iP11C rANf a 17 LE u TI -- .. &oil EI_ AI r r 193.BB" rW 10.0 ioA.mge nw4 TV raa 193.88'I YY. .A7FR�-.Lr GEHIEp� !pp. S�J' —�. R PROV.4D.¢eAE OvofiLL y5[�JrdryU LOT I ww, 0 I.'r ra Icr .15 I20, 2rO R�nrrn'�racn'io`r'1 I[F L}'..Low� T • E ro m E r A=aaa row Tar O 4 4 4T W 1 b Y fA{L W)OML ra�1M saw"5 GILL NM■NO eN s �Ty.e:Q I O L �'• Im ALM a,e sr E lMMdl q k _ rnaa reran LOT £ 'n s a 9 a 193.HH' a , I93. �" FINAL PLAT 0 ±NAr# .°IN °� FOR THE I OLD COVE BOLLEVARD (private , road) SUBDIVISION KEY MAP Or W FOR SCALE: 1 "=600' KEY TYPICAL PLOT PLAN m NICKART REALTY CORP. E EXPANSION POOL PROPOSED ELEVATION A T SOU THOLD LP LEACHING POOL ST SEPTIC TAW EL. 7.4 - EXISTM ELEVATION HIS WATER SERVICE SCALE, I• - BD'HI WATER MAIN TOWN OF SOUTHOLD EL EXISTING ELEVATION SUFFOLK COUNTY, N. Y. © PROPOSED ELEVATION l 000- 5 ^_ O2_ 7 Z 100 0 100 200 300 JAN 31 W4 Scale 1 " = 100' 01.9 FEB. 10, 1998 dp d -� 45) ys. SEPT. l3, 2000 ! revision 1 �pp�e4% R• 6"s r° ° MARCH 27, 200I ( revision ) �`pJls C' }s $ r p°�ol°r I I^A�, •. a .:�. r.,, N $ + NOV. 30, 2006 frevrsionsl 000 el� y► * �yj�r�"'` j9P s�0 / April I, 2008 (revisions) DULY 31, 2008 (ADDITIONS) Cf. 1Oro � MOrd ROP y y am_ a" / \ pR .n �. ✓ P ��r 0p a yeW°°I 4� �P , C 1 O l HEREBY CERTIFY THAT THE WATER SUPPL Y(S) AND/OR SEWAGE DISPOSAL TOTAL AREA 34.896 sq. ft. SYSTEM(S) FOR 77#S PROJECT WERE DESIGNED BY ME OR LINDER MY DIIECTION. r / �ptp1 TOTAL NO. OF LOTS = 2 BASED ON UPON A CAREFIK AND TNGROUGH STLOY pP THE SO% SITE AAD GROUND 0 "Q.o ° AREA LOT 1 17,436 !q. ft. WATER CONDITIONS% ALL LOTS AS PROPOSER CONFORM TO TH A' M E SLFFOLINTY RG i a' r r AREA LOT 2 = 17,438 s ft. DEPARTMENT OF WEALTH SERVICES CONTRUCTION STANDARDS IV EFFECT O p q' AS OF THIS DATE. 0d" $r p�! BESTRtcYtONS Qp y / ZONING DISTRICT R40 `/��-'A� LIMITS OF CLEARING = 60% (_~/ CT rOYENA 80p g0 MICHAEL D. MAPES N.Y.S. P.E. LIC. NO. 70501 raUp1`c SG IyCEwISH p �p „r< Car `.�x-r�r p?Ilk OgSti�NtNPTt NOAKEG SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES OWNER: gslts* HAU PAU N. Y. NICKART REALITY CORP. �' n 4 775 BROOKLYN AVENUE 0 BALDWMI. NY 11610 Z c` :. . I 'll TEST SORM TEST SOMMS APR 2 5 2008 N DATEA11PR 2 8 3918 0 PALE M. FIE TO 0 Aq'ED SAND f LOAY qOp �.V� RED. SAID SP 2, THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT D BROWN LOA✓Y 0-ALE BROWN FNE TO BY THE PLANNING BOARD (IF THE TOWN OF SWTHOLD Y RESOLUTITN SAID SY Am ro. sA s A of APPROVAL DATED ! - s' this is to cartlfyy that tDa proposed Realty Subdivision orDevelopment BROW FNE To A. M. LOAW AAM) Sw for N71 r.IL14.1'+• ILtalau ' CeAt4 In the BY 43 Am. SAID Sea r FNE rD CEO. sA/a sr „ 56w*w tA with a totOi of " Iota was CHAIRMAN WATER N ae e7 approved on the above data. Water Supplies and Sawa D owl %.� ro YawAV M.f4 .I IA TERM PALE IC sAM SP F.",~ fIE ro Rao. sAln Nyn••*F•p cdr� Facilities must conform to construction rtandards kt effect of the a, c,n, r _ SP Gra-,o- W" A' time of construction and are subject to separate permits pursuant WA 7ER N ORNWAIC W'•r" to those standards. This approwl shall be wild only If the realty I HERMY CERTIFY THAT THIS SIlDIVISION PLAT WAS MADE FROM CLAY ON WATER N M. !ow Rlbdlvlon/development map Is duly filed with Me OM County Clark within ACTUAL SURVEYS COMPLETED 12/1/97. THAT ALL MONUMENTS se a' SHOWN THUS • ACTUALLY EIOST AND TIER POSITIONS ARE CORRECTLY WA TER N AW1W WA TER N eAJaN one year of this date. Consent Is hereby given for the filing of this SHOWN AND ALL OUDISIONAL AND GEODETIC DETAILS ARE COIRECT.. . FIE TO C%MW sIE rO caARSE map on which this endorsement appears In the Office of the County SAID S11' SAID SW rr Ir _ Cork M accordance with provisions of the Public Health Low and the 5 Suffolk County Sanitary Code. SF,OFNEWr , {,fit-ekto Lt. 9�P�.�T.hAET? OR,F 0 i y //�� WelkrDsNY �` ■ . i� Director, Divisiono n omen aT6ulalfy Y� -' - �^!— • WATER SERVICE r`�,, • .4013 N Y 5 L! 49618 AN, A,TERATICW OR AOOIT, 1, TC III' 4IR,E, A OCL4TInN �No� PE.ONh- 5URVEyDPS. P - FLOOD ZONE AE ( e% l01 OF SE, 'VN 7209 nF THE MW •'oR. STA*E ECU_ATIUN LAW FROM FIRM MAP NO. 36103CO158 G r,CEF- AS PER SECT10N 9-SUBEIVISJN 2 ALL CERnFI,.AnoNS ( 63I) 765 - 5020 FAX (631) 765 - 1797 ELEVATIONS ARE REFERENCED TO N.G.V.D. gEeEJN ARE bA ID Foe THI MAP ANo -1PIE5 THEPEOF JNL-� IF P C BOX 909 SA,[ MAP CP -0AES BEAR HE VFRESSEE' SFAL OF ME SL,RVLrUR IZ30 TRAVELER STREET Whl-SE SIC,NAT;IPE APPEAR' 'AEPEEN SQUTHOLD. N Y' 11971 n 7 nn/1 nrr/ 10 AD/, R�� _ �c/-R /o�4E Pod hlT D TIME d T/ VE .30% coV�,���E ^-.._•"--,,,ram. QQ s-G 41 10 �•� � j LP / P vo o N AAM -lsAy- GQvDi�roif ------------- �' ---- loon -,52 - oZ /3 — 1-07 Z IVI C A� 4,a 7- RE-4 TY c��z� LWG _ firs fir el. 12 EMIBfra NA TAR/AAEI EL If - proposed grade EL lox TN EL to MIDDLE RGAD C.R. 48 ty 20 — - r N.0 ee .E. A9 1000 ML. -- L.P. J• ossn+s M pQP vlC�s J2 5EPTK TANK AE, xi LE 9J' r0 o drain SNSE.�MGT. rNh SpJ Na ...— EL se EL w GO.N WAjE - -I--— mr.WATER PI..GT covrmttL'Pu.9rExJ POOL _ �PN� rN la.o "Al;,,R �wai rw raa �� 'I 193.BB' 9 193.8 PR/WU DSEIUd$DAP0.YAL SYBTEMBIroKs 5 I w'Af R I,eiF lefin I20' rqW:T+F. �'�'LPl lit TANLrEOi LGa% T �.ONG LOT 1 a Io' MIS Poa.= rn ee J•uovE wd.rowArER �. N E )h RFJp4ti (%ISUIIAKLo ang To~an la.ew/eQ.d plN J'CCLLAR f RFC W -� bo Am e,I ML �ml SAM an a c r o tie FNAR.CL A! sT P rW jag nrao LOT 2 a FINAL FL A T 9 "° — x I i N_ rSaNn9 water IM FOR THE @e w -- - I OLD CODE BOULEVARD (private road) ' SUBDIVISION KEY MAP WFOR SCALE: 1 "=s00' KEY TYPICAL PLOT PLAN NICKART REALTY CORP. LP LEA EXPANSION POOOL Q - PROPOSED ELEVATON A T SOU THOLD STERILIZATION 00 THE SENDING PARCEL !SCTM# E SUFFOLK COUNTY MERGED EL. 7.4 - EXISTMa ELEVATION WITH SCTM# OF HEALTH 13) VI REQUIRED BY THE SUFFOLK COUNTY ST SEPTIC TANK DEPARTMENT OF HEALTH SERVICES AS A CONDITION OF RECEIVING WS WATER SERVICE SCALE, 1' 60, TOWN OF SOU THOLD A VARIANCE TO DEVELOP SCTM# 1000-52-02-13 W WATER MAIN EL EXISTING ELEVATION SUFFOLK COUNTY, N. Y. - �•, ���' • - © PROPOSED ELEVATION MAY 1 4 2010 1000-52-02- 13 ° 100 100 200 300 Ue1 y 7 S _-ale 1 " = 100' v °`pPI %01 eA FEB. 10, 1998 •pLb ter 1 /,, �,8��gA- a SEPT. 13, 2000 ( revision I MAR 1 2 Z009 p �I .n. MARCH 27, 2001 ( revision cW °Cb°W - / '1G�• y0 `Ei. Wsµ u011�I1 IIARCN 9 -^06 (rcv.vcn.) L P w' ,�n,,•a� Ev' '00 w0. I P+j07 / NOV. 30, 2006 (revisions) 0 VVA/; d'," e7 es/i!\Y35 'v� 8• / / ,oprll I, 2006 frovlslons) - - 00 B s� �g}'�fpd'^,,.E'q\O,e ° JULY 31, 2008 (ADDITIONS) W' �'¢lylt90 . ��� 110 .., 10°°or let I � Ems, 0 { o Gil dE a"`n i+A CP' Mtc c W° ROP a " �91/,A6 \, °'� d ca \, U ec� I- a pile f \ to Hlcl�aa .00� e�p OrE �yt - I�A`I�a � eler 1 /` Oa. F17PEBY CERTIFY THAT THE WATER SLPPLY(S) AND/OR SEWAGE DISPOSAL tp`R\ be W TOTAL AREA = 34,896 sq. ft. 3YS TEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. ub tE VVISH BOARD OF TOTAL NU, OF LOTS = 2 BASED ON UPON Fl CAREFUL AND "HOROUGH STUDY OP THE SOIL SITE AND GROUND Wjo APPROVED IN ACCOTgL9ty WATER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TO THE �LAEFOLK COLAVTY °coo j d• P°bpnr I REVIEW DE-,_T.ERMINATION DATED O AREA L07 1 = 17,438 sq. ft. DEPARTMENT UT HEALTH SERVICES CONTRUCT/ON STANDARDS IN EFFECT l "° AREA LOT 2 = 17,438 sq. ft. AS of TrIiS DATE. o p `5SER O B" °bllEr 1 SUBJECT TO COVENANTS & RESTRICTIONS PAGE `(b11 ZONING DISTRICT R40 '��- lPW°l° LIMITS OF CLEARING = 60% MICHAEL D. MAPES N.Y.S. P.E. LIC. N .r - y,OF �� aleUL D•,ryH\G�, OWNER: >*�aS p.�rC'�Ir�,i`,L �o�� •� SUFFOLK COUNTY D�PARP4ENT OF HEAL SERVICES HA PAU TE, N. Y. NICKART REALITY CORP. o 775 BROOKLYN AVENUE _ BALDWIN. NY 11510 TEST BORTM TEST BORM'B APR 2 5 2008 N eE DATE r-� �� AgOE�=�•��?�� '' , ' 0 PALE ON. FM TO 0 ARXEO SAM t LOAM WED. SAM SP. THIS IS TO PLANNING THAT THE SUBDIVISION PLAT HAS BEEN APPROVED E, r• BY ME PLANNING BOARD OF ME TOWN OF SOUNDED BY RESOLUTION BROWN LOAMY PALE eRONN fM'E To r P OF APPROVAL DATED J SAW SM J, MD. SAW s This i� go certif lheS aJ Realty u ill slon or Developmen BROWN FARE To BR LOAMY S'AAV SM for In the BY MT SAW EP r a]vrlrlp . With a otol of�lote wasCHAIRMAN PLANNING BOARD _ r rM�E ro AID. sAna sP 4.5 aT aI eT approved on the above date. Water Supplies and Sewage' Disposal WA TER M M. WATER N PALE M. FA�ra A 1;"{,,. FAZE ro AEU. sAAO Nrgho, X'o Cc}Ed time Facilities must conform to construction standards In effect of the a1te 9r 6r'°o°- W�cl time of construction and an sulfJect to separate permits pursuant e W-! r w• I ACTUAL CERTIFY THAT 7H0 RAT WAS MADE f110M NA rtR N aNAMC to those standards. Thle approval shall be valid only t the realty SHOWN SURVEYS 9 CpAPLETF pg(A, I ALL MONUMENTS CLAY ON wATERNSR eoe ' subdivion/development map le drily filed with the County Clerk within SHOWN THUS • ACID B 'ROSILS A ARE CORRECTLY e.5 s' one year of this date. Consent Is hereby given for the filing of this SHOWN AND ALL DIMEN. 'b ILS ARE C*. . WATER N MOON FMe TO COARSE map on which this endorsement appears In the Office of the CountySAND sw Clerk In accordance with provision@ of the Public Health Low and the IT, 1TSuffolk County Sanitary Cods. � 4LANDVITO A. MINEI, P.E.rec or, a on o n rompers a ua y —.—.— WATER SERVICE ANY ALTERATION OR ADDITION TO THIS SURVEY Is A VIOLATION PECONIC SURVEYORS, P C. FLOOD ZONE, AE ( el. 10) OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. (631) 765 - 5020 FAX (631) 765 - 1797 FROM FIRM MAP NO. 36103CO158 G EXCEPT As PER SECTION 7209-SUBDIVISION 2 ALL CERTIFICATIONS R 0, BOX 909 ELEVATIONS ARE REFERENCED TO N.G.V.D. HEREON ARE FOR THIS MAP AND coPlSs THEREOF ONLY IF SAID MAP COPIES ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD. N Y, 11971 97 - 290 DWELLING III Ih el. 12 IAA rt,11 prapered 9rode rt ni e n rt 1p LI MIDDLE ROAD CR. 48 a+ =1�-- 1000 AAA s AL I_ 3z ssrrs rAMr Lear Le " p dreF L rr Et 1 EL JJ Spv`� /93.BB' n m.o, k.n.ng wwi rWlaa /93.88'I R me WArm EL.LT POOL a�rw `pNp I LOT I Wre p l� lo'w r"+'"•'Urwr Pm v sEWA¢ecs•auL SYSTEM J races 05 S CFPTI I nm J.4AM m I°Yla-•, FlECAsr G W 9 E IC WrJ 2D PWLs ra BE AeAM NOTTail LEAD �'pN OI 4 3T W '� b AM N[ l Rq' Tv da•O i!O KLOI/aLCd 111IM 3'COLLM J, PN PLR. EL Ar Sr k nlas �' TV lao LO 2 a I93.88 —�— EL. r C` 9 IW erOLD WOVE BOULEVARD (private road) I I \\I SUBDIVISION KEY MAP TYPICAL PLOT PLAN I w FOR SCALE. 1 600' EY I E. KEXPANSION POOL Q - PROPOSED ELEVATION m NICKAH l REALTY CORP. LP LEACH ST SEPTINTANK L C EL, 7.4 - EX/STMVG ELEVATION AT SOUTHOLD WS WATER SERVICE SCALE• ,- - SD• TOWN OF SOUTHOLD W WATER MAIN EL EX/STING ELEVATION SUFFCLK COUNTY, N. Y © PROPOSED ELEVATION ' 000-5 n_ O2— l Z - 100 0 100 200 300 Scale 1 " = 100' 1Sla�c Imo' o.\ FEB. 10, 1998 �P � n eyctl ter T /' ��l bye -' SEPT. 13, 2000 ( revis/on 1 - l04° °+° /�' r� R. s aVPy� c MARCH 27, 2001 ( revision MARC'; 9, ZaoG OevnrorJ '-- - e 1?y .e• w fcf- / NOV. 30, zoos frevislans OO April I, 2008 frevl1ons1p l q\O eP ' • / slip° i r ' s vdl Te P' see r tP•l0rKr0Mr °Her I __ G Q t)J cv �, d� CJ rt'Y �• / - 3 dkP - /. ly'.'J RQ P' be+ ,• Q a b /. l \ b\ if j SUBdECS TQ CD Eu NAN=S&RESTRICI70NS LIBER I-�5y.1t eS 1,1� t� ,+ _ e_ �� , n _ / .,n x -��_/ r PAGE 1 OS v �&'\ i �F 8' lO APPROVED IN ACCORDANCE WITH BOARD OF ll° a°I°I �c ' REVIEW DETERMINATION PATED I ol 010 / HEREBY CERTIFY THAT THE WATER SUPPL Y(S) AND/OR SEWAGE DISPOSAL a'e�q•� y°pp°1 / E�. d tP°b GO elf '-" SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. o',.I°p TOTAL NO. '?fi LOTS - 2 BASED ON UPON A CAREFUL AND THOROUGH STUDY 9F THE 'SOL. SITE AND GROUND 4° 0 r. pc AREA LOT i '- 17,438 9q. ft. WATER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY 'lA DEPARTMENT OF HEALTH SERVICES CONTRUCTIQN STANDARDS N EFFECT 8 l Pub I l AREA LOT 2 = 17,438 s ft.l+°lrr0 O � el°F •\ Bale q. O � � c AS OF THIS DATE. l n4er I ZONING DISTRICT R40 p ti f MICHAEL D MAPES N.Y,S. P.E. LIC. NO. 70501 B "S P'EL D �� G OWNER: SUFFOLK COUNTY'DEPARAENT OF HEALTH SERVICES 9i i, C HAUPPAUG,, N. Y NICKART REALITY CORP. C S '; 775 BROOKLYN AVENUE rEsr EDRNw rEsr9aRNw BALDWIN. NY 11510 APR 2 5 2008 s� o a o WP DATE 4'p 07050 02 MED. S Ace s°P. MM Vro a LOAM pROFEBBION�y 2• r THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED SAW SA LOAMr TALE SAW WN FIE To BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION 1. r '�" 9 r OF APPROVAL DATED Nt LOAMY SAMa sM This Is to cert fy at lh pro used Realty Subdivision or Developmen eROWR FAE to , �r p p 4.5 NED. sAro S•W eT FOE TO MER SAro sW r f 50�'1- -.11G K[aLl. I Ce.y, In the BY WATERNaL W �+ WATERNPALE eft nr with a total of „loh was CHAIRMANPLANNINGA Paw; ro,rcoW.w ^f'I sAro sP E=p•=+°"' FM TO Nea. sAro N9nr.+Erp ec+ed approved an the above dote. Water Supplies and Sewage Disposal g. crr...,< yp W'�p" Facilities must conform to construction standards In effect at the SATERNaweANL• W.r�. e• time of construction and ore sub)ecl to separate permits pursuant o- WA TER N SR. soa I to thuaa standards. This approval bhni be valid only If the realty I HEREBY CERTIFY THAT THIS SIIBDPMM PLAT WAS MADE FROM 8L cu�C=% s subdiAon/derolopment map Is duly 1_6 with the County Clerk within ACTUAL SURVEYS COMPLETED 12/ItV7. THAT ALL MONUMENTS WA WATEII NaAOWN one year of this date. Consent is I-neb given for the film of this SHOWN THUS * ACTUALLY EAST AND THEIR POSITIONS ARE CORRECTLY FA Y 9 9 SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORREsA sAro sW map on which this endorsement appears In the Office of the County m g pp l7' Clerk In accordance with provisions of the Public Health Law and the , Suffolk County Sanitary Code. T<MESz oe 0 P I 2� VITO A. MINEII P.E. � Director, DR49ion of n roman a —• •— WATER SERVICE '— N. Y.S. Li .—� 49618 FLOOD ZONE AE ( e1. 10) ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION PECONIC SURVEYORS, P.C. FROM FIRM MAP N0. 36103C0158 G OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS (631) 765 - 5020 FAX (631) 765 - 1797 ELEVATIONS ARE REFERENCED TO N.G.V.D✓ HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P. 0 BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET _ WHOSE SIGNATURE APPEARS HEREON, SOUTHOLD, N.Y. 11971 4 1 3 2 NORTHROAD (C.R. 48) NOTES: W W W W W W W 1. RETAINING WALL SHALL BE WATERPROOFED ONINSIDE 2. CONCRETE TO BE 3DDO PSI MIX TEST HOLE#1 TEST HOLE#2 3. FOOTING TO BR CONSTRUCTOOG ONUNDISTURHED SOIL 4000 P.SF. 4. BEFORE INSTALLATION OF LEACHING POOLS AREAS DESIGNATED EL=9.6 N61°59'10"E 387.76' o eL 7•x o Hr 7.6 193,881 ^E 9.0 193. 881 E —9.6 PALEBR.D TO MIXED SAND A ED" ARE TO BEDANDEXCAVATEDTO ELEVATION EXCAVATION ATIO7.4 N AREAS SHALL WITH BEI'AR4QIO WAW ReTAtNINO WALL 2' BROWNLD Sp 1, 7 POOOT COLLAR AROUND ALL LEACHING POOLS SHALL PBOVE)8A -axcAVAmx �wmwv4mN �° 1 W BROWN LOAMY PALE BROWN FIE>< ev-ioa A A�,A .�.-1aa, Anw 1 "�, SAND 9M TO MID.SAND SP D W LOT 1 F. , ? � 7� HA LOAMY SAND D r F BROWNFINETO ,P -�\ MED.SAND 8P 4- `? PROPOSED LP Le li C'p t!r 4.S GW III FINE TO MID.SAND l.lr - 1 LP LP PROPOSED I o WATER IN BA QP SP OW EL=2.7 o ONE FAMIIY DP 3�g De ONE FAMILY ❑ I �. t� FINE TO MEDIUM WATER IN PALE HR. RESIDENCE I`• LP LP G F 1 LP LP �lL RESIDENCE E 8� SAND SP FINE TO MED SAND RP ar se -ta,2--__� -IR.]-- o rear r'^4` O WATER IN ORGANIC 9� e°up LOT 2 x�w. 1�1��+ i+ CLAY ON 9- 1 WATER aN BA BOG _..___ __ _________________________'_____ -_-____ _____-_-..____..___________________•___'____ _____ T WATERINHROWN WATaRINBAOWN 193.88 EL+/,t E 7.1 Rw,L 193.88 � FINE TocopucE FINE TocoAREe EL=7.1 N61°59'10"W 38796' e-1 — — r srmm sw 1T SAND sw I GROUNDWATER ELEVATIONS AS HIG�ST EXPECTID I 1 Old Cove 6�tivate) Boulevard I O II HEREBY CERTIFY HAT THE WATER SUPPLY(5) AND/OR SEWAGE I 1 11 DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE DESIGNED BY ME OR I KEY UNDER MY DIRECTION BASED UPON A CAREFUL AND THOROUGH STUDY I EP EXPANSION POOL OF THE SOIL, SITE AND GROUNDWATER CONDITIONS , ALL LOTS, AS LP LEACHING POOL ' 1 PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DATE." ST SEPTICTANK I I WS WATER SERVICE I W WATERMAIN ' EL EXISTING ELEVATION EL PROPOSEDELEVAMON MICHAEL D MAPES N.Y.S.P.E, NO #70501 ___ _---__________- - SITE PLAN SCALE: r'=4a I' c I �OF NEW �pEL 0.Aq,9p O•CO -12+FREE -LOCKINGCASTINO TW ELEVATIONS TO GRADE W AS NOTED 534 910PH MAX ORADE RL-I1.0 0 1 GRADEEUlo1 HIn10.0 rbPN.2'MAX nyiP s*�L PMIN 2'MAX ROUSE 111 'FG 07050A 0 HL=92 pROFES510- 4-81DIAX 3•DEEP 1•9'DIAXYDEEP INV�.3 INV�.7 10011 GALLON LEACHa-1GPOOLS D78TR03UTIONPOOL SHPTTf:TANR LIIIII SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES a^caossovER errs,? PIPE 3'MIN SW.2 BASEMENT GROUNDWATWER EL-2.7 EXCAVATION AREA PROVIDE 3' COLLAR AROUND ALL POOLS TO EL-74 MIN EL=-,4 AREA TO BE BACKFILLED WITH CLEAN SAND AND GRAVEL CLAY AND BOG B EL=- 1 4 SANITARY SYSTEM INVERT/BLEVATIONS „r' ">A�•:a�+r•'w.an .�.:,,�-.s.-•xrwe.m.�..a�r.:u CONCRETE COVER 8 D D FINISHED 1' MIN GRADE P OF WALL EL NOTED -- Z OCT 21 2006 fi" THICK SLAB 3 --J I ' ,T-- — MIN 4' DIAL MIN RATINGR 35 '—�L=zw m aw�-� I Southold Town INLET ew �•Iennin Soard PITCED ®®® ® ® ® ®®® ROVER TO GRADE 3" 4 Bare 1Y' O.0 .. --. •.c 1/B"/FL ®®® ® ® ® ®®� FI canoe IF DROP Is uscD -LOCKING cl COVER k ®®® ® ® ® ®®En TO GRADE_ ®®® ® ® ® ®®® g, 1' MIN GRADE ®®® ® ® ® ®®® Ma 2G - - - Mic ae Map ®®® ® ® 7 ®7 LOCATE DROP 'T' , P ®®® ® ® ® ®®® INLET —� RO MIN. UNDER ACCESS ®®® ® ® 7 ®7 MIN. 4" DIA. fi --1e OPENING MIN 163 Peninsula Path. ®®® ® ® ® ®®® y°° � Riverhead N.Y. 11901 sDR3s Pusnc - -- I' SEWER PIPE MIN. 4" DIA. PITCHED 0 SDR35 PLASTIC N4 Bars S" O.C. E.W �- SEWER PIPE -O' A MIN AB GROUNDWATER NIGH SASGNAL ,4' PER PITCHED ® Phone (631) 369-2170 + / cPOUNOwATER g 1/8" PER FT. E #'4 Dowele 0 12" O.C, TBLE: NICKART REALTY BACKFIII MATERIAL TO BE CLEAN SAND AND GRAVEL fi' MIN PENETRATION IN A VIRGIN BTATA TYPICAL RETAINING WALL WATER SUPPLY/SANITARY PLAN °` 8A"° A"° GRAVEL SEPTIC TAN K LEACHING POOL CROSS SECTION SIZE DRAWING NUMBER: REV. 100o GALLON CAPACITY C 1000-52-02-13 SAN B DATE: 7-25-06 SCALE: NOTED SHEET OF 1 4 3 2 1 OWELLYr6 _ 1!n lk N. 12 Orllrlr WA70/MW — EL!I proposed grade EL lee 1s fi to MIDDLE ROAD C.R. 410004 8 ❑ LL tE4r tE xW drabW� ELAI AIMI JNo 1wnn ,�W/ at wER EL.tr aWIEn LP. -SPOOL TW 10.0 TY 10.0 NO 19&B8' 9 193.88'I R am I 10' nabim' I PRLWa9ED SEWAGE LLVosA1. SYSTEM 5 Poas Wre p /oI•r 'D r N-TSM r sAro couAR 1 P,eTAsr NG W L07 I q E '"� Ns fO• sros�EaaaAeay14D0iaroWTar9M` 1p I 4 I 4 aT Pp�ypy,{/M W I•� I OO Wua p EdVO To MVO ow mow/ORE saw 3'aYLAR f � � ,+e m F% FIR a At Er E k nr/aa nlon LOT 2 .a 4 F YJ v av O IW �•OLD COVE BOULEVARD (privatei raid) SUBDIVISION KEY MAP TYPICAL PLOT PLAN �W FOR SCALE: 1 "=600' KEY m NICKART REAL TY CORP. E EXPANSION POOL Q • PROPOSED ELEVATION A T SOUTHOLD LP LEACHING POOL EL. 7.4 •EXISTNG ELEVATION ST SEPTIC TANK WS WATER SERVICE SCALE, P • 60• TOWN OF SOUTHOLD W WATER MAIN EL EXISTING ELEVATION SUFFOLK COUNTY, N. Y, © PROPOSED ELEVATION 1000-52-02- 13 100 0 100 200 300 t Scale 1 " = 100' FEB. 10, 1998 Veep`1 1 /t. ' n} SEPT. 13, 2000 ! revision 1 tLWo N`'o / \G R• !t `Pi. �^ puba o, 1 MARCH ARrz'y 9. goo& er'v""-)sloe 1 NOV. 30, 2006 frev/slons/ 0 ys` d $ April 1, 2008 (revisions) p JULY 31, 2008 fADDITIONS1Oil - aWjy0-6 .re� /cP we`y°t�rnWnl I •r a•eF N��b ° %r� �b�`tra �• ° rnv>� ACOCP ; "� OG WoF % � MAIN `W I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL TOTAL AREA = 34,896 sq. ft. SYSTEMISJ FOR TWS PROJECT WERE DESXWD BY ME OR UNDER MY DNECTION. tna �" • tT,vot TOTAL NO. OF LOTS - 2 BASED ON UPON A CAREFUL AAD THOROUGH STUDY Oh' THE SQL SITE AND GROUND AREA LOT 1 = 17,438 sq. ft. WATER CONDITIONSr ALL LOTS AS PROPOSED, COAT' To THE h(.t°Ft7LK COLIVTY of. t v to 1 AREA LOT 2 = 17,438 8 ft. DEPARTMENT OF HEALTH SERVICES CIXJTRI/CT/ON STANDARDS N EFFECT a•t °° dd.� rPf ,\ a q• AS OF THIS DATE O O a` t VvaIior I ZONING DISTRICT R40 w LIMITS OF CLEARING = 60% MICHAEL D. MAPES N.Y.S. P.E. LIC. N0. 7050/ • OWNER: SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE N.Y. NICKART REALITY CORP. 775 BROOKLYN AVENUE FEB - 4 2009 BALDWIN. NY 11510 rEsW eoRA'O TEST eORN6 DATE --_---- 0 0 PALE W. FFE TO MIXED SA/O/ LOAM r YEa SAND sP. r THIS IS TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED- MOM LOAMY PALE AROIM FWE TO BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD-BY RESOLUTION �• sAFn su 3' AM SAW Me OF APPROVAL DATED This Is to certify that the proposed Realty Subdivision or Development BAVMI FM TO r. W. LOAMY SAID Wfor In the BY MM SAAV sP „ FNE To AMD. SAND sP with o total of lots was CHAIRMAN IN WA TER N7y�*' WATERNPALEBR tT r.r EA �cled approved on the above dote. Water Supplies and Sewage�Disposal FM E.PRcIai FM TO MEA SAAV Hlyh P Facilities must conform to construction standards in effect at the °F NEW E, C 6r.w,w,war"' time of construction and are subject to separate permits pursuant W� I HER VISION PLAT WAS MADE FROM NTS CLAY N aR4ON WATER N OR. cos to those developm This approval shall it wild only t the really ACN 1 /e7, THAT ALL MONUMENTS R subdlNon/development map le dL+ly Mad with the County Clark within SH M AND THEIR POSITIONS ARE CORRECTLY WATERNMOWN 9' WATER N BROWN . one year of this date. Consent is hereby given for the filing of this SHO D , FIND, GEODETIC DETAILS ARE C*. . SAA ro COARSEmap on which this endorsement appears In the Office of the County11T. sA� SW Clark In accordance with provlalons of the Public Health Law and the ' �Suffolk County Sanitary Code. .4LANTJ SVVITO A. MINEI, P.f or, On O n omefl a UaWATER SERVICE FLOOD ZONE- AE f el. 101 ANY ALTERATION OR ADDITION TO THIS SURVEY 15 A VIOLATION PECONIC SURVEYORS, P.C. FROM FIRM MAP NO. 36103CO158 G OF SECEXCEPT IONAS PER of THE NEW YORKSUBD STATE EDUCATION LAW (631) 765 - 5020 FAX r630 765 - 1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS P O. BOX 909 ELEVATIONS ARE REFERENCED TO N.E V.D. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 7230 TRAVELER STREET WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, MY, 11971 97 - 290 MIDDLE ROAD (C. R. 48) N. 61-59'IO' E. _ 387.76' L;ED 193.88' 173.83' © 5• 20.04' /5 ' Vegetated Buller�� b N � RED CEDARSRETAMWJ6 WALL RETAMYNG WALL' _or or a or or ov o , pLOT � H <' oLOT to be PLANTED 5 to be PLANTED Mm /2' 56' E 56' a 35'N/0/F a 1 p H l /p o s m o C -C Li SUNSET POINTw ° P aROOF RUNOFFC � NPROPOSED HOUSE 5 IF d •' d I P T !oPROPOSED HOUSE o L'nLOTI io B /p I'p M,n min I P (P B mELOTI - 1792 sq.N. p O1792 • I x 0.17 = 305 cu./1.305/28.3 = 1I VF P 1 ' ' U �PROVIDE 6 DWS. 6'0 x 2' Deep PROPOSED SEPT/C SYSTEM WALL PROPOSED SEPTIC SYSTEM WALLLOT 2LOT -1792 sq.(l. _ _ 61-5970- W. 5' ROAD CLEARANCE AREA - 193.88' S. 61.59',10, W. 173.86, 5' ROAD CLEARANCE AREA 1792 ^ 1 • 0.17 = 305 cu.11. - -- -- — 305128.3 • ll VF. O PROP. FRENCH DRAIN - 193.86' 1 PRVIDE 6 DWS. 6'0 " 2' Deep N I93.69' PROPERTY LW. 173.83, I 20.04' _ 126.64' �' - 132.M' 1/6.7Y o�sr y nmma xo�o Q Um. ME um.POLK U2 M E O I UTIL. pol ox OW8 -- - -- FE 36b72' axikrN/OYF A . 8 M. $. si s9go W. rq "OLD COVE BOULEVARD" STACHTIARIS PH I LPP I DES L I V I NG TRUST, N/O/F l . FE ( PRIVATE ROAD) BEE HIVE DEVELOPMENT CORP,,.. NOTE, I I SANITARY WALL AND VEGETATED B(.'FFER I i_� ''. �NOV 2009 U4Y EXTEND INTO RIGHT OF WAY AS WIDENED ON S(%JECT PARCELS, LOT I a LOT 2 - MAP OF PART OF p - STREET TREE lRED CEDAR) I -TOTAL AREA = 34,896 sq.11. OLD COVE BOULEVARD AS WIDENED AND IMPROVEMENT .PLAN , �:.. LOT / AREA= 17,438 sq.ft. AT' SOUTHOLD �F of NEo-✓r DRAINAGEIPLAN DATED I2609N'- REFER TO LOT 2 AREA= 17438 sq.ff. TOWN OF SOUTHOLD 5A` AREA OF VEGETATED BUFFERS - - _ - - n �� AREA OF PRIVATE ROADS • 548/ sq.11. 34896 s .11. - 5481 s .11. x 5OX = 14708 r R. SUFFOLK COUNTY, N. Y. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION /5' VEGE A 7ED BUFFER - - 544/ 5 /l. I DDD SP 02 13 N _ _ 9 1@- OF EXCSECEPT AN PER SECTION THE NEW PORK STATE EDUCATION LAW. SEPTIC WALLED ENCLOSURES q. Sc a /e + l " = Q0 EXCEPT AS PER DFOR HIS MA UBON/SIGN 2. ALL CERT7ONLY 0N6 - .114 s sqq./l. -- -"- - - - - - F SAID ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY 5' ROAD CLEARENCE AREA -�2/l4 sq./I' PECONIC VE P -. lF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR /O' VEGETATED BUFFER 600 s 11 , 16311 765 - 5V E I WHOSE SIGNATURE APPEARS HEREON. l0' VEGETATED BUFFER -600 sg91 ONOV. 9, P009200910NS) P. 0. BOX 909 ,Fp i 5 97 Lq�s�/4744 sq.li. VEGETATED NOV /6, 2009 (revisions) 1230 SOUTHORADVE�EY SJ97EI€T.- -290