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Home My WebLink About1000-74.-3-16 SCDHS Ref. SIO-07-0011 DRAINAGE CALCULATIONS CLEARING LIMITS 16' :VIDE STONE BLEND PAVEMENT Rrerr of WAY APPROVED BY 5418 SO. Fr. LOT I - CLEARING LIMITED TO 60% zJo' 0.6' COEFFICIENT (RAIN RUNOFF) LOT 2 - CLEARING LIMITED TO 50% F DDLE ROAD 2' (0.17) RAINFALL LOT 3 - CLEARING LIMITED TO 50% PLANNING BOARD C R 481 DW5418 - 0.6 = 0.17 = 553 cu./l, z� les• \ DWELLING 553/42.2 = 13 VF TOWN OF SOUTHOLD eo •'° PROVIDE 2 L.RS 9'6*7' liq. d=plh /'e• SU' /6'p' DATE - �� rREa w \' N1,pIF BENINATI 466.25' el 32 CO 1,//� r uar/. /v _ '_ 272. 7' w -� BUFFER r j 13 o'r vEGETTE DWELLING 20 � OLEARx T SLOPE /J TO BE of O ucJcOn ETcgT N 43'2900' 193.28sro— np n O26 MADE L� el 2/.4 - L•a aR DIMM'm PAVE>aT EEEFD t - Po 25.07' Right Of WO ��I w' OWACIEO WE/RJwli Cour Ow.. 25' Rig m lona 158.89' y i5\ " PROP.mFLF/SE I STANDARD STONEs6 x,� s ro n v4• E a - E 29-T / A mil J REwNsI sr FWL FLR ` • N. 43.29'00 Q ROADWAY l T/IL N £4 LIMTe OF �)�Q 29�T .�.-�n'0 20'T ,U p P` � LP 1 iFEC04�A[TE➢SASE CatMSE °f ,E �� LOT 2 ro NO SCALE Eruns eAsr Rr.«oR ori ER : Ly 26'T vN' \ E 25'mac. JUTAeI.E w,Z DWELLING a Q ; •`IS /e0 \ _ � '-z O 29x076 59.11. Z g WATEn — .4a4' oea - w o )_- sEmxt ,aa LPa 15 g$g S. 4732'00' Y,'. I -r 2 STY FR. sr2110, J A7 3' U x o HSE n LPs z 5P pdV5 I ,� "Al ° —arts aeARrx ` o < w �` /s' 61 enve{o e WELL /Je• I\ b 9 y / O m _ A 19.06 =N. 92'28'00' W _ v W iop -Lc�y 25.00' 0 210.40' n Z of M5 mm m I cLwT� N � ` oo S. 47'32'00" W S 229.46' C y ' 22 Q7 Rd 20,229 54.11. m I O 11 rEM'ORARr wssTRUCTwR lyb 34-T 26 . T O OmvEWAr I rcO eE gppvm/ / ser _ _ n, 206.80' w W¢Lo x1'.74 ', A � 166.80' �11140.0�� '�N wrs PROP, ` 0 TEST BORING I,h u�L S 45'35'00 W 2 F+! `fes 26� O• 'M• 36"m ST F"LF R£L. ` I n I N SEPTIC SYSTEM - 9/30/07 �, / "� U'I'1. 5. 31 p5 DO T 4 e"EnRoou a t a b MEASUREMENTS BY McDONALD GEOSC/ENCE NIO/F HAIRSTON � \ n ,rrx LOT 3 v W . IA' 'B= EL. 31 OueredoWRLaAua ° <3 „� I1s'r G 39,482 59q.11. includes R.O.W. ST z4's• 26' -_ r eRorN scTa DWELLING O o R.D.W. - 8,527 sq.1/ n _ LP#1 47'6" 4E' t W WnJ. / c/ I `w/ oRivE o 14.7 25 LP#2 50' 53' J 197 � � \ LIVTS OF CLCPRNG` O PZk M��g� b IB'T bldg, ertvela,e` \i / �(T-'77 A 31'7 `Z*131 PUBLIC WATER O 19' A DECLARATION OF COVENANTS AND RESTRICTIONS - o b /5 VEGt TATED BUFFER - mov. 285.61' � HAS BEEN FILED /N THE COUNTY CLERK'S OFFICE tir,/7• SET S 4732'00' W AND SUCH COVENANTS AND RESTRICTIONS AFFECT /� /� THE SUBDIVISION AND THE PROPERTIES WITHIN. ZONING DISTRICT - H8 LONG ISLAND PAIL ROAD /HE C0'V iRACTOH ,4USr NOTIFY THE TOWN OP- SCHOOL FSCHOOL DISTRICT 5 NEW SEPTIC SYSTEM 7 BEDROOMSSOUTHOLD HIGHWAY DEPARTMENT, IN WRITING, EXISTING CESSPOOLS TO BE - AT LEAST 24 HOURS BEFORE COMMENCING ANY OWNER/ APPLICANT FILLED IN OR REMOVED WORK. ALL WORK WITHIN THE rowv RIGHT OF WAY NEW - 1750 GAL. PRECAST SEPTIC MUST BE INSPECTED AND APPROVED BY THE TOWN ROBERT 8 PATRICK ADIPIETRO + A LIOUID DEPTH HIGHWAY DEPARTMENT IN ACCORDANCE WITH PLOT TANK 8'0 2980 PECONIC LANE 2 L.Ps 4 ' DEEP PROPERTY LwE VACANT PLAN ATTACHED P.O. BOX 19. DRIVEWAY d MAINTENANCE AGREEMENT RECORDED IN WELL LIBER 12628 PAGE 994 PECONIC, N.Y. 1/958 SUBDIKSFON HAS BEEN ADOPTED PURSUANT DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD NOTE , TO THE TERMS OF THE AMENDED CHAPTER 240 RECORDED IN LIBER 12628 PAGE 943 SUBSURFACE UBSU FACES SEWAGE AND 3VSIERVI SUBDIVISION OF LAND, EFFECTIVE AUGUST 24, 9004 FINADISPOSL PLA T WATER SERVICE DESIGN B nSUBJECT TO COVENANTS& RESTRICTIONS LIBER �at550 STANDARD SUBDIVISION JOSEPH ROAD TTI, P.E. PAGE ) FOR THE PROPERTY OFHOBART ROADSOUTHOLD, N.Y. 11971pF NE6311 765-2954OF NEW ROBERT & PA TRICK ADIPIETROyA T PECONIC WATER W, TOWN OF SOUTHOLD WO• ROAD ]{ � .;yf'f 'JC SUFFOLK COUNTY, N. Y. jot z 7 zolo "�•0525`°`�� '£ 1000- 74 - 08-16FESSIONP / TYPICAL PLOT PLAN =' M =+e o lo• y� No.496h9 - s sv /�/� IW' S�LA��' June 24t 9005 SEPT. 8, 2007 /REVISIO&V DEC. 15, 2005 (T6NP DRIVE Feb. /4, 2004 (addlllans) OEC. 19, 2007 (addwoas) DEC. 30, 20091ADDITIONSI MAY & 2007 (TEST HOLE) Jan. 31, 2008 (Revlsloae) FEB. 3 2010 laddilionsl KEY MAP SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES JULY a 2008 haul onFl Rb.Mob I77,, 20ID IaAdrlaas/ 2201 foddllionsl I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM JUNE 9, 2010 Irarsianl SCALE LI"=600' HAUPPAUGE, 09 1 1 7010 ACTUAL SURVEYS COMPLETED 4�LVR9 THAT ALL MONUMENTS JUNE 17, 20!- SHO 010 Ir.1kfv� DATE Ii'CCii SHOWN THUS, M ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY JULY 6, 201o(n0,0 SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. ,y �7 ,gyp {/ _ H E� _ __ ___ THVELO�pTI�'ENERFORYQT& T E FI�Hg /lA�0itT1'e/V�/0� OR JO N T MET �t N.Y.S'. L.S. LIC. NO. 496/8 CONTOUR LINES AND ELEVATIONS ARE REFERENCED 70 THE A`-�' ^O WITH A TOTAL OF,�.L TS WAS APPRNED I HEREBY CERTIFY THAT THE WATER SUPPL Y(S) ANDIOR SEWAGE DISPOSAL FIVE EASTERN TOWNS TOPOGRAPHIC MAPS ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE U16VUOAL SYSTEMS) F TH15 PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTIO �•7.ep" FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN E,-FELT BASED ON U 0 A CAREFUL AND THOROUGH STUDY OF THE ANY ALTERATION OR ADDITION TO THIS SURVEY /S A VIOLATION AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARl,TE GROUND WAT ONOITIONS, A LOTS AS PROPOSED, CONFORM 70 THE \ . '1•I��" OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE SUFFOLK CCU DEPARTME T F HEAL TH "ER VICES CONSTRUCTION `O EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS VALID ONLY lF THE REALTY SUB01VIL71ON (DEVELOPMENT MAP 1" STANDARDS M OFT S DATE. EREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F " �" _! '• SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. WHOSE �-IGNA TURE APPEARS I FREON. CONSENT lS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH -------- -----may-T- ----p- ADDITIONALLY TO COMPLY WITH SAID LAW TERM -ALTERED BY ' THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN - L•1G �?'`I `V S /- HE MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING WITH PROVISIONS OF THE PUBLIC A HE /7/NG A COPY UTILITIES - - TREE l8' Dia. al OBH OF ANOTHER SURVEYOR'S MAP. TERMS SUCH 'INSPECTED ' AND SUFFOLK COUNTY SANITARY CODE. µ/gl�,DyvylQlgk,Jl,P�. Q - BROUGHT - TO - DATE ' ARE NCT/N COMPLIANCE WITH THE LAW. PUBLIC WATER PECONIC SURVEYORS, P.C. A ELECTRIC (631) 765 - 5020 FAX (631) 765 - 1797 •!/ _ GAS P. O. BOX 909 I TOTAL AREA = 2.038 ACRES. OIRECTOR, DNIIAF ENVIRONMENTAL DUALITY CABLEV/S/ON 1230 TRAVELER STREET 03 -GI7 PROPERTY LINE ------ PLAN FOR THE ENTRANCE Tc 2GHT OF WA Y rc 2EQSS STAN,DAI RD SUBDIVISON 27.0.9 FOR THE PROPERTY OF ROBERT 8 PATRICK ADIPIETRO rFaL A T PECONIC >• EL 2BR Q 2" mar 1000 - 74 - 03 - 16 irq t � 25' Right of Way SCALE$ l" _ l0' t' STONE PAVEMENT FEB. 5, 2009 v�2 2 ?. .•2 rse\ Lr. Rl d t --- -,-v F _ t '? -` E �O I i Q 27.7 TC p.., � «..% / Moll 1 �1 fit• 19 D0Ajl',D rc 2710 .r -.;U ! HOLD . i DATE _ AUG 0 2 2010 or �W TR7 Q PB37 &W f EL 28.8 _ FLOW EMr7MI/yy�T GUTTER ' B. r _�Qj+ TIM"TEQ Pa.3 d sysr�LK� - LP. ' Co . 3000 1 CONCR TE CiTB SLAB ri r"6.Fono V.WA N.Y;S. LIC. NO. 49618 QNIC S YORS,,P.C. 66,511 76� -_5020 FAX 16311 765 - 1797 P-v �0�-3Db ' suJ4br �yS 97o / 03-217 • • MAILING ADDRESS: PLANNING BOARD MEMBERS SO//jP.O. Box 1179 MARTIN H.SIDORhQ� Ql� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS C40 Town Hall Annex KENNETH L.EDWARDS O� 54375 State Route 25 JOSEPH L. TOWNSEND Q (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI MuSouthold,Southold, NY i Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 13, 2010 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Final Plat Approval: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, July 12, 2010: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro"; and WHEREAS, all of the following conditions have been met: a) Submission of filed and recorded Covenants and Restrictions, Driveway and Maintenance Agreement and Easement with the Office of the Suffolk County Clerk stating liber and page number for each document. b) Submission of a Park and Playground Fee in the amount of$14,000.00, made payable to the Town of Southold as required by Southold Town Code §240-54(G). f Adipietro Page Two July 13, 2010 c) Submission of the Administration Fee in the amount of$4,000.00 made payable to the Town of Southold as required by Southold Town Code §240- 37; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 6, 2010, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro". If you have any questions regarding the above, please contact this office. Very truly yours, -qN. &bl Martin H. Sidor Chairman Encls. cc: Assessors w/map Building Dept. w/map Town Engineer w/map Please note the following: The Final Plat shall be filed by the applicant within 62 days of the date of Final Approval, or such approval shall expire. Final 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. CC# : C10-23358 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 06/25/2010 under Liber D00012628 and Page 943 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 06/25/2010 SUFFOLK COUNTY CLERK (;7-� a Ao JUDITH A.PASCALE SEAL JUDITH A, PASCALE This document will be public q'IFFALK CFIU�,171, record. Please remove all L Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation or EA-52 17 (County) Sub Total Spec./Add. EA-521 7 (State) TOT.MTG.TAX R.P.T.S.A. Dual Town — Dual County Comm.of Ed. 5. 00 Held for Appointment Transfer Tax + Mansion Tax Affidavit The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other — Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist, 1000 07400 0300 016000 5 Community Preservation Fund Real Property Consideration Amount $ Tax Service Agency CPF Tax Due $ Verification Improved— Satisfactions/Discha rges/Rel eases List Property Owners Mailing Address 6 RECORD& RETURN TO: Vacant Land TD PATRICIA C. MOORE ESQ. 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 (27iC (2 r's Gj 8 Suffolk County Recording & Endorsement Page This page forms part ofthe attached DECLARATION AND COVENANT S00TH0[DTOWN made by: `'. `". . . .. `". "`'."""~,T' e"A Q - - — ROBERT ADIPIETRO AND The premises herein is situated in PATRICK lPlBTR(} SUFFOLK COUNTY,NEVVYOKK . TO |nthcTUYVNof SOUTHOLD TOWN OF SOUTHOLD |nthe VILLAGE orH8&1LETof PECONIC BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. � I IIIIIII IIII VIII VIII VIII VIII VIII VIII (IIII IIII IIII IIIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/25/2010 Number of Pages : 8 At: 11 : 13: 34 AM Receipt Number : 10-0074717 LIBER: D00012628 PAGE : 943 District: Section: Block: Lot: 1000 074 .00 03 . 00 016. 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 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 $30 . 00 NO Fees Paid $115 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County SLARATION AND COVENANT • SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the 215' day of May, 2010 by ROBERT ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Peconic , in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, the property is zoned Hamlet Business which permits listed commercial uses on each lot, however, on lots 2 and 3 the uses are limited to single family dwelling with one accessory apartment per dwelling, with a common driveway. WHEREAS, for and in consideration of the granting of subdivision application entitled, "Final Plat Standard Subdivision of Robert & Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, 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 : (1) Lots 2 and 3 shall be restricted to one single family dwelling per lot , and one accessory apartment per dwelling . (2) All parking areas and the common driveway shall be constructed of pervious materials . To preserve the unique historic character and street scape of the Peconic Hamlet Center there shall be a 25 ' (twenty-five foot) front landscaped area along Peconic Lane so that any parking area along Peconic Lane will be screened with plantings to limit view of the parking area from Peconic Lane . (3) Fifteen (15) foot vegetated buffer area shall be established on lots 2 and 3 as follows : a . On lot 2 the buffer shall be established along the following metes and bounds : Along the northerly line of lot 2 , beginning at North 43 degrees 29 minutes 00 seconds east for 272 . 97 feet then along easterly line of lot 2 running north 40 degrees 01 minutes 00 seconds east, 126 . 72 as shown on the filed plat . b. On lot 3 , the vegetated buffer shall be established along the following metes and bounds : North 44 degrees 30 minutes west 84 feet ; thence South 47 degrees 32 minutes 00 seconds West 285 . 61 feet ; thence southeasterly 40 degrees 01 minutes 00 seconds East 112 . 71 feet to the lot line as shown on the filed plat . The 15 foot buffer shall remain undisturbed in perpetuity except for permitted activities . Permitted activities within the buffers are limited to the removal of weeds and invasive vines, removal of dead, diseased trees that are hazardous to life or property and may be supplemented with plantings of native and drought tolerant plants from the Southold Town Planning Board Native/Natural Buffer Plantings Specifications . (4) The declarant shall install on lot 1 a landscape buffer between the northern property and the common driveway along the following metes and bounds : North 43 degrees 29 minutes 00 seconds East for a distance of 193 . 28 feet . Within said buffer on lot 1, a six foot stockade fence shall be erected and maintained with a row of evergreen shrubs along the south of the fence to achieve additional screening. The declarant shall guarantee survival of the planted vegetation for a period of three (3 ) years from installation (5) The use of synthetic herbicides , pesticides and fertilizers on Lots 1 , 2 and 3 is prohibited. (6) There shall be no changes to any lot lines without Planning Board approval . (7) Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code 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; (8) Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System; (9) Clearing limits for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code . Lot 2 is 29 , 076 square feet, therefore clearing of Lot 2 is restricted to 60 % of the total lot area . Lot 3 is 30 , 956 square feet, therefore clearing of Lot 3 is restricted to 50°s of the total lot area . All significant trees greater than 18" DBH shall be preserved and maintained as to not pose a hazard to life or property. (10) All utilities serving Lot 2 and Lot 3 shall be installed underground. (11) Lots 2 and 3 shall be accessed via a common driveway which restricts the use of the lots to residential . If the use of Lots 2 and 3 are changed from single family with accessory apartment to a commercial use, the access to Lots 2 and 3 shall be be improved to meet the minimum specifications of Highway Specification of the Town of Southold Town Code . (12 ) The Contractor must notify the Town Highway Department, in writing, at least twenty-four (24) hours before commencing any work . All work within the Town Right of Way must be inspected and approved by the Town Highway Department . (13) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant , their heirs, executors, legal representatives, distributees, successors, assigns and transferees . (14) 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 Planning Board granted by a majority vote plus one following a public hearing . (15) 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 . (16) 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 . (17) 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. p / I Robert Adipiet Patrick d piet/— STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) J" gg On tht day of h � 02C)1'Q before me, the undersigned, a notary public in an for said State, personally appeared Robert Adipietro 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 i trument . No a P 4blii BEMA PERIGNS Pudb.9WedNWV* N0.giPE 9130ea9 Ouelised In 9WIdl1 Sr ACKNOWLEDGMENT comrinloneeplrse � (TO BE USED IN OUTSIDE OF NEW YORK STATE) STATE OF FLORIDA ) nP SS : COUNTY OF hYar ) On the -7 day of May, 2010 before me, the undersigned, personally appeared PATRICK ADIPIETRO 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 and that such individual made such appearance before the undersigned in the C,l v C�2 f � , ti 5 (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken. ) . a, PATRICIA N.WOLFE ,- n. Notary Puhlic • State of Florida � •Y` � ��j 7 1 _My commission Expires May 14,2011 W d commission# DD 674252 otary Public Bonded Through National Notary Assn Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at PECONIC, in the TOWN OF SOUTHOLD, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Peconic Lane, distant 78.30 feet northwesterly from the intersection of the northeasterly side of Peconic Lane with the northwesterly side of land of the Long Island Railroad, said point of beginning being also where the northwesterly side of land now or formerly of Hairston intersects the northeasterly side of Peconic Lane; RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; RUNNING THENCE North 43 degrees 29 minutes 00 seconds East along the last mentioned land 466.25 feet to other land now or formerly of Hairston; RUNNING THENCE South 40 degrees 01 minutes 00 seconds East along the last mentioned land 239.43 feet to land of the Long Island Railroad; RUNNING THENCE South 47 degrees 32 minutes 00 seconds West along the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE along the last mentioned land the following two (2) courses and distances: 1.) North 44 degrees 30 minutes 00 seconds West, 84.00 feet; 2.) South 45 degrees 35 minutes 00 seconds West, 166.80 feet to the northeasterly side of Peconic Lane at the POINT OR PLACE OF BEGINNING. CC# : C10-23359 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 06/25/2010 under Liber D00012628 and Page 944 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 06/25/2010 //SUFFOLK COOUNT///Y� CLERK (;7- ( /� JUDITH A.PASCALE SEAL C2 I L-'Number of pages 10 Tun2'n q 1 (n 4 A,. "' TkHi Fr This document will be public uF l<:: C' C;• r, record. Please remove all Social Security Numbers F 9.4 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation _ Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217(State) TOT. MTG.TAX — � Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit �'� ! Mansion Tax _ CI �� The property covered by this mortgage is Certified Cop or will be improved by a one or two NYS Surcharge 15. 00 7� OW family dwelling only. Sub Total �) �Zcl YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. / 1000 07400 0300 016000 dd�� 4 Dist. 5 Community Preservation Fund Real e Pro P T S p m F2 RSK A Consideration Amount $ Tax Service Agency Z4 JUN-10 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 C7%C .-3%Q www.suffolkcountyny.gov/clerk Title# C 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DRIVEWAY & MAINTENANCE AGREEMENT made by: (SPECIFY TYPE OF INSTRUMENT) ROBERT ADIPIETRO AND The premises herein is situated in PATRICK ADIPIETRO SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD ROBERT ADIPIETRO AND In the VILLAGE PATRICK ADIPIETRO or HAMLET of PECONIC _ BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/25/2010 Number of Pages : 7 At: 11 : 13: 34 AM Receipt Number : 10-0074717 LIBER: D00012628 PAGE : 944 District: Section: Block: Lot: 1000 074 . 00 03.00 016 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 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 $30 . 00 NO Fees Paid $110 .20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DRIVEWAY & MAINTENANCE AGREEMENT This Declaration ("Declaration") is made this 21" day of May, 2010, by ROBERT ADIPIETRO&QND PATRICK ADIPIETRO-hereinafter collectively referred to as "Declarant". WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 74 , Block 3 , Lot 16 ; and �i yko {�Ecm .C' �s�_, c'b� c, iVy' rt9Sk� WHEREAS, Declarant has made an application to subdivide said real property into three (3) lots, as shown on the Subdivision map of Robert & Patrick Adipietro, prepared by Peconic Surveyors, P.C., last dated January 1, 2008; and WHEREAS, Declarant desires to provide for maintenance and management of the driveway which provides a common access of ingress and egress to lot 2 and lot 3; WHEREAS, Lot 2 and Lot 3 will be developed with a single family dwelling and one accessory apartment per dwelling NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: DRIVEWAY DESIGN AND CONSTRUCTION The subdivision common driveway shall be located as shown on the subdivision map and shall be of stone blend composition to a width of sixteen(16') feet for a distance of approximately 256 feet from Peconic Lane. The subdivision driveway shall be constructed in accordance with Town of Southold specifications. Lot 2 and Lot 3 will each own 12.5 feet of the driveway, as shown on the map and lots 2 and 3 will have an equal right over said driveway. The common driveway will provide both a common access to the lots and contain the underground utilities for the subdivision. MAINTENANCE AND MANAGEMENT OF DRIVEWAY 1. The owners of Lot 2 and 3 hereby covenant and agree that the parties, its successor or assigns in interest, shall share equally in the costs and expenses of maintaining the common driveway and use, manage, administer, maintain and operate the subdivision driveway in accordance with the provisions of this Declaration. All parties agree that they will contribute toward and cause to be performed year-round maintenance of the common driveway in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the driveway, including but not limited to, litter collection, clean out drainage, snow removal and repair of the surface as necessary to keep the driveway in good and working order. b. The use of agents, subcontractors or employees to be reasonably necessary to carry out the responsibilities under this Declaration. 2. The owners shall maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. MANAGEMENT COSTS 3. The owner of Lot 3, in its sole discretion, is appointed as agent to contract and oversee the maintenance and repairs authorized by this agreement and shall: a.. Prepare an annual budget for equal share of the costs of managing the driveway on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a "Reserve Fund" for extraordinary repair and replacement of the driveway. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual reserve Fund fee for each lot shall be computed for the amount necessary to replace the driveway over a fifteen (15) year period. C. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve fund, the owner of Lot 3, may recommend a special assessment both lot owners shall be obligated to promptly pay the amount of the Special assessment to the owner of Lot 3. d. The owners of Lot 2 and 3 may appoint another management agent. PERMITTED AND PROHIBITED USES 4. The driveway shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the driveway; (ii) minimize the disturbance of shrubbery or other vegetation along the driveway; and (iii) upon completion of repair or maintenance, restore the driveway substantially to the same condition as existed at the time of commencement of the work. b. The driveway shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. C. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Declarant. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the driveway may be made. e. No alteration or modification of the driveway, once constructed, will be permitted without prior written consent of Declarant and the Planning Board of the Town of Southold. f. The driveway is designed for one dwelling per lot and one accessory apartment per dwelling. TERMS OF PAYMENT 5. All Maintenance Costs, Reserve Fund fees, and special assessments as detailed above shall be billed to the Lot Owners and shall be required to be paid within thirty (30) days after the date of the bill submitted by the owner of Lot 3. 6. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by the owner of lot 3, then they shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. 7. In the event any legal proceedings are necessary to enforce the terms and conditions of this Declaration, the Lot Owners shall indemnify and hold the owner of Lot 3 harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by the owner of Lot 3. 8. That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 9. 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. 10. The within Declaration 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. 11. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, 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 premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 12. If the parties or its successors or assigns fails to meet its obligations with regards to the terms of this driveway and Maintenance Agreement, the Declaration the parties shall have the right to enforce the terms of this agreement in a Court of Law. 13. All notices required under this Declaration shall be mailed to the Lot Owners' addresses or to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed Effective when mailed. 14. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. Ownership should revert back to property owners within the subdivision who are obligated to abide by the terms of this Agreement. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Decla� ROBERT ADIPIETRO PATRICK ADIPJIMTAO STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) ILN Z C, t On to/day of , before me the undersigned, personally appeared, ?�G12�, personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. otary Publ' BETSvAPERMS f lktry Wdk.Smu m naw vonl Nu.01PE 8130898 M.a Ifte in SuBWk COWRY Cwnn.a E'P'"Jury 1 ACKNOWLEDGMENT (TO BEUSEDIN OUTSIDE OF NEW YORK STATE) ) ss.: On the J1 day of•February;-2998 before me, the undersigned, personally appeared PATRICK ADIPIETRO 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 and that such individual made such appearance before the undersigned in the u 6r-ca 54,K-1 114 < . (Insert the city or other political subdivision and the state or country or other plac the ac 11�edgment was taken.). TRICIAK.WOLFE @20 ublic-Stafe of FloridaissionExpiresmay14,2011t PUbhC mission # DD 674252 hrough National Notary Assn Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at PECONIC, in the TOWN OF SOUTHOLD, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Peconic Lane, distant 78.30 feet northwesterly from the intersection of the northeasterly side of Peconic Lane with the northwesterly side of land of the Long Island Railroad, said point of beginning being also where the northwesterly side of land now or formerly of Hairston intersects the northeasterly side of Peconic Lane; RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; RUNNING THENCE North 43 degrees 29 minutes 00 seconds East along the last mentioned land 466.25 feet to other land now or formerly of Hairston; RUNNING THENCE South 40 degrees 01 minutes 00 seconds East along the last mentioned land 239,43 feet to land of the Long Island Railroad; RUNNING THENCE South 47 degrees 32 minutes 00 seconds West along the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE along the last mentioned land the following two (2) courses and distances: 1.) North 44 degrees 30 minutes 00 seconds West, 84.00 feet; 2.) South 45 degrees 35 minutes 00 seconds West, 166.80 feet to the northeasterly side of Peconic Lane at the POINT OR PLACE OF BEGINNING. 6 • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soP.O. Box 1179 MARTIN H.SIDOR X0`1` �QIO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JOSEPH L.TOWNSEND Ql • �� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI '1YMU�� Southold,NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTn1H!OLD July 13, 2010 D E C U AUG 2 2010 D Patricia Moore, Esq. 51020 Main Road BLDG.DEPT. CL�1 l ti� Southold, NY 11971 TOWN OF saurHOLo Re: Final Plat Approval: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, July 12, 2010: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro"; and WHEREAS, all of the following conditions have been met: a) Submission of filed and recorded Covenants and Restrictions, Driveway and Maintenance Agreement and Easement with the Office of the Suffolk County Clerk stating liber and page number for each document. b) Submission of a Park and Playground Fee in the amount of$14,000.00, made payable to the Town of Southold as required by Southold Town Code §240-54(G). �r Southold Town Planning Board Work Session — Page Three—June 16 2014 Discussion: 1. Sterling Harbor at Bayview Standard Subdivision, SCTM#1000-88-2-15, 13455 Main Bayview Road, Southold -fence along property line with buffer 2. Robert & Patrick Adipietro, SCTM#1000-74-3-16.2, 3025 Peconic Lane, Peconic— possible Bed & Breakfast 3. John G. Scott, III, SCTM#1000-75-6-3, 43540 NYS Rt. 25, Southold — building envelope �t?�7 SO MAILING ADDRESS- PLANNING DDRESS PLANNING BOARD MEMBERS *� VJyO P.O. Box 1179 DONALD J.WILCENSKI ll Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY • �O� 54375 State Route 25 JAMES H.RICH III ��. ► (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Comm Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 24, 2014 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board has reviewed your request for clarification regarding the Covenants and Restrictions (Liber D00012682 Page: 943) filed as a condition of the subdivision that created the lot referenced above. The first clause states that "Lots 2 and 3 shall be restricted to one single family dwelling per lot, and one accessory apartment per dwelling". The Planning Board has reviewed the Southold Town Code and the intent of the Covenant placed on the property and has agreed that a Bed and Breakfast (B&B) is consistent with the intent of the Covenant. If you have any questions please do not hesitate to contact this office. Very truly yours, aAlv�� Alyxandra Sabatino Planner PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 119 71 Tel;(631)765-4330 Fav(631)765-4643 June 9, 2014 Attn: Donald Wilcenski, Chairman Southold Town Planning Board Main Road PO Box 1179 JUN - 92014 Southold NY 11971 I RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16.2 Dear Mr, Wilcenski and Board members: With reference to the above, my client is in contract for sale of the above vacant parcel and the purchaser wishes to operate a Bed & Breakfast in the dwelling. The subdivision Covenants & Restrictions are attached for your convenience. I spoke to both Heather Lanza and Mike Verity regarding this use. Both acknowledge that a B&B is a residential use and under state building code operated in a "Dwelling", therefore it is consistent with the Covenants & Restrictions. However, the purchaser is relying on the use being permitted, subject to a Special Permit,. Therefore, we respectfully request a letter confirming that the C & R's do not prohibit a B& B use in the single family dwelling. Thank you and please do not hesitate to call should you have any questions. Vett'`t It'Vm —Patricia C. Moore cc; Mike Verity PCM/bp encls,, f illllll IlII IIIA VIII Ilfll llll!VIII Illli Illll ll11 ILII I I!!I li II Il 1 1 1 1 1 1 Ilii(II SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/25/2010 Number of Pages: 8 At: 11:13:34 AM Receipt Number : 10-0074717 LIBER: D00012628 PAGE: 943 District: Section: Block: Lot: 1000 074.00 03.00 016.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0 .00 NO Notation $0.00 NO Cart.Copies $5.20 NO RPT $30.00 NO Fees Paid $115.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • RECORDED Number of pages 2010 jur, 25 (;;13;34 A4 JUDITH N. PASWLE CLERK OF This document will be public SUFFICK N11,11,flY record.Please remove all L DC001,262S Social Security Numbers P 943 prior to recording. Deed 1 Mortgage Instrument T I 0�, Deed I Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 20. 00 2,. Additional Tax TP-584 Sub Tota! Spec.lAssit. Notation ___-- r,y or EA-5217(County) M__..-_. Sub Total._ '-' Spec./Add. EA 5217(State) TOT MTG.TAX__-.....................___.... _ Dual Town-Dual County R.P.T.SA. Held for Appointment Comm,of Ed. 5 00 Transfer Tax Affidavit _._ y Mansion Tax _.._ Certified Copy cx The property covered by this mortgage is i or will be improved by a one or two NYS Surcharge 15, 00 family dwelling only. r$1Of YES or NO Other If NO, we. tt}tt dou*on �ysa1 tbaat Page r_ 1000 07400 0300 016000 4 Dist, 5 Community Preservation fund T fled Properr' R T A Consideration Amount$ . Tax Service Agency 4-JUN-1 CPFTax Due $„ Verification __._--. 6 Satafactl' rl L1rt Property Owners Mailing Address RECORD&RETURN TO, Vacant land__._.._.. PATRICIA C MOORE ESQ. TID -:-...._.__ 51020 MAIN ROAD TO— J SOUTHOLD NY 11971 TD Mail to:Judith A.Pascale,Suffolk County Clark 7 Title C 92! any Information 310 Center Drive, Riverhead, NY 11901 Co,Name- 1271C. CT'5It www suffoikcountyny gov/dark Title r -3 6S 6 e Suffolk County Recording & Endorsement Page This page forms part of the attached —DECLARATION.AND COVENANT SOC.t"f"1#)FMD TOWN made by: (SPECIFY TYPE OF INSTRUMENT) P{•A N u'1316 BcyXi/L'A RO „ ) The premises herein is situated in ,.,.....$ERT ADTPtf TRO A'�i„.<. . «�_._... PATRICK ADIPIETRO SUFFOLKCOUNT'1.NEW YORK. TO In the TOWN of SnIJT)Int D TOWN OF Sol ITt401 f) In the VILLAGE or HAMLETof,a PECONTC .. BOXES 6 TIiRU B MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over: DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the 21" day of May, 2010 by ROBERT ADIPTETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows; WHEREAS, Declarant is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, the property is zoned Hamlet Business which permi-_3 listed Commercial uses on each lot, however, on lots 2 and 3 the uses are limited to single family dwelling with. oneaccessory apartment per dwelAng, with a common driveway. WHEREAS, for and in consideration of the granting of subdivision application entitled, "Final Plat Standard Subdivision of Robert &: Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, 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.. : Lt . (1) Lots 2 and 3 shall be restricted to one single family dwelling per lot, and one accessory apartment per dwelling. (2/1 All parking areas and the common driveway shall be constructed of pervicus materials . To preserve the unique historic character and street scape of the Peconic Hamlet Center there shall be a 251 (twenty-five foot) front landscaped area along -_Peconic Lane so that any parking area along Peconic Lane will be screened with plantin=gs to limit view of the parking area from Peconic Lane. (3) Fifteen (15) foot vegetated buffer area shall be established on lots 2 and 3 as follows : a. On lot 2 the buffer shall be established along the following metes and bounds: Alone the northerly line of lot 2, beginning at North 43 degrees 29 minutes 00 seconds east for 272 .97 feet then along easterly line of lot 2 running north 40 degrees 01 minutes 00 seconds east, 126 .72 as shown on the filed plat. b. On lot 3 , the vegetated butter shall. be established along the following metes and bounds: North 44 degrees 30 minutes west 84 feet; thence South 47 degrees 32 m.i.nutes 00 seconds West 285.61 feet; thence southeasterly 40 degrees 01 minutes 00 seconds East 1.12-71 feet to the lot line as shown on the filed plat . The 15 foot buffer shall remain undisturbed in perpetuity except for permitted activities . Permitted activities within the buffers are limited to the removal of weeds and invasive vines, removal of dead, diseased trees that are hazardous to life or property and may be supplemented with plantings of native and drouqht toJerantP-_an-s from the Southold Town Planning Board. Nativel/Natural. Buffer Plantings Spec i.ficat ions , (4) The declarant shall -install on lot I a landscape buffer between the northern property and the common driveway along the following metes and bounds: North 43 degrees 29 minutes 00 seconds East for a distance of 193 .28 feet . Within said buffer on lot 1, a six foot stockade fence shall be erected and maintained with a row of evergreen shrubs along the swath of the fence to achieve additional. screening. T'-.e declarant shall guarantee survival of the planted vegetation for a period of three (3) years from installation (5) The use of synthetic herbicides, pesticides and fertilizers on Lots 1, 2 and 3 is prohibited. (6)There shall be no changes to any lot lines without Planning Board approval . (7) Pursuant to Chapter 236 Stormwater, Grading and Drainage Control. Law of the Southold Town Code 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; (B)Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a. General Permit for the storm water runoff from construction activity (GF- 02-01) administered by the New York State Department of Environmental. Conservation under a Phase TI State Pollution Discharge Elimination System.; (9) Clearing limps for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code . Lot 2 is 29, 076 square feet , therefore clearing of Lot 2 i,s restricted to 60 '-. of the total lot area. Lot 3 is 30, 956 square feet, therefore clearing of Lot 3 is restricted to 5C4 of the total lot area. All significant trees greater than 1811 DBI4 shall be preserved and maintained as to not pose a hazard to life or property. (10) All utilities serving Lot 2 and Lot 3 shall be installed underground.. (1. 1) I.o--s 2 and 3 shall be accessed via a common driveway which restricts the use of the lots to residential. If the use of Lots 2 and 3 are changed from single family with accessory apartment to a commercial use, the access to Lots 2 and 3 shall be be improved to meet the m:Lnimum specifications of Highway Specification ot the Town of Southold Town Code. (12 ) The Contractor must notify the Town Highway Department, in writing, at least twenty four. (24) hours before commencing any work. All work. within '-he Town Right of Way must be inspected and approved by the Town Highway Department. (13) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of Lhe covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . (14) 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 Planning Board granted by a majority vote plus one following a public hearing. (15) If any section, subsection, paragraph, clause, phrase cr provision of these covenants and restrictions shall, by a Court of competent jurisdictio;., 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. (16) 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 liabili-"y whatsoever upon the Town of Southold or any officer or employee thereof . (17) 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 and seal the Jay and yi?,sr above written. Ro—bert Mipietid' P I at I r ic'k'-Ad fp'i'e STATE OF NEW YORK ) COUNTY OF ,SUFFCLK ) On thca .t day of W �1� �! before me, the undersigned, a notary public in and for said State, personally appeared Robert Adipietro 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 Ir ,ps,trument. No �p ��1i ACKNOWLEDGMENT "' (TO BE USED IN OUTSIDE OF NEW YORK STATE) STATE OF FLORIDA ) SS: COUNTY OF ) On the day of May, 2010 before me, the undersigned, personally appeared PATRICK ADIPIETRO 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 and that such individ,w;n _ rade such appearance before the undersigned in the a " �. ....... (Insert the city or other political subdivision and the state or eourEry or other place the acknowledgmerxt was taken.) . MAU8 14 M11 a + c 7 .' t NotaryPublic Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at PECONIC, in the TOWN OF SOUTHOLD, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Peconic Lane, distant 78.30 feet northwesterly from the intersection of the northeasterly side of Peconic Lane with the northwesterly side of land of the Long Island Railroad, said point of beginning being also where the northwesterly side of land now or formerly of Hairston intersects the northeasterly side of Peconic Lane; RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; RUNNING THENCE North 43 degrees 29 minutes 00 seconds East along the last mentioned land 466.25 feet to other land now or formerly of Hairston; RUNNING THENCE South 40 degrees 01 minutes 00 seconds East along the last mentioned land 239.43 feet to land of the Long Island Railroad; RUNNING THENCE South 47 degrees 32 minutes 00 seconds Vilest along the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE along the last mentioned land the following two(2) courses and distances: 1.) North 44 degrees 30 minutes 00 seconds West, 84.00 feet; 2.) South 45 degrees 35 minutes 00 seconds West, 166.80 feet to the northeasterly side of Peconic Lane at the POINT OR PLACE OF BEGINNING. PQ PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 August 19, 2010 Attn: Martin Sidor, Chairman �'- Southold Town Planning Board Main Road AUG 4 3 PO Box 1179 I Southold NY 11971 II i g ,lhcld 1=wn RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above, please be advised that the final subdivision map was filed on August 13, 2010 under map # 11783 (abstract # 16532) as evidenced by the enclosed copy of said map. Thank you and please do not hesitate to call should you have any questions. Very truly yours, /l atricia C. Moore PCM/bp encls. -- 117 8 3 #FILE. IVa 16 5 3 2413S. No. F1110 AUG 13 2010 SCOHS Re% SIO-07-0011 DRAINAGE CALCULATIONS CLEARING UNITS RITNr OF WAY 16' AIVE STONE BLEND PAVEMENT zw APPROVED BY 5418 SO. FL LOT I - CLEARING LIMITED TO 60% 26' COEFFICIENT (RAIN RUNOFF) LOT 3 - CLEARNG LIMITED TO 50% TO 50% L PLANNING BOARD IDOLE ROAD "�� z' (o.17) RAINFALL 5418 • 0.6 • OJ7 = 553 Cu If. pWELLING Irr la TOWN OF SOUTHOLD C R 481 553/42.2 = 13 VF DATE AUG 2818 PROVIDE 2 L.P.s 8'0.7' liq. depth rr AYY r•'d' .TIN rr Pad FM N ' -' • - Iy . - i 0/4- �1 AT1 r� u W� 466. rffi -7-7 7' 0 UFFER �r o r w vA" pO'T 15' 2D'T O.9VEGF-TA TED _ ,� -.,� 2 ncrr r.s �ue+az DWELLING E - z� �uµrs OF cLcvem IS usac r° aiOLAA' m gr N 43"2 �193.28'�� . T arae �. >,a w u o EpsiOIL''r �jaa `" 26 I71 u PI z24 ` -� L4LrRT \ pIy�nY lT r . bs 5.07 25'25' Ri hl o! WD m �l � -� m STONE fAO � vr��aL.uirw cansx � s I STANDARD E ' 2 138.89' ^� m w vR�. RSE N BLEND �� T•[ 51 / ST FN fLR RAa 29-T > w 'ANTI ° LP •aEiRocu. C� ROADWAY r cur.crm u¢cawsL ^' 1 A 6zV'29 CYO3 OFFFARM�,rJ 29_7 -- a2O •q O wx LOT 2 ti m m NO SCALE �TutL W�'•iLMtM°not 1TI •'. . 1 g 2`67 - u ti 29,076 s Il. DWELLING C� .> O2B'T ��^ r sq-ft. LAs R •Q4• Qad J �—. � 1 !�� zT.r o + U Law \ S. 47'32'00' W. IIISTY 1 I ' 2 S EFR ^ L Z �• 2l I (Fv ` J ,� N ry � 'Y • .Tsr 9 ,r :i '?� ISOFae., dlaq. envel�e�__ j 9 ;, �� T,~• m • u 1 .06 N 4228'00' N. A, a CAT 25.00' 'o, 210.40' _ -_ __ �� Z n ? �•' i av LGT'l / oo S. 47'3200" N, I 29.•46= I /� �2T 20,229 SO./I.O, TKIC d° I b 34'7 YY TOY Aflm �y gT - ° 241 206.80 :" oN —•vs PROF ° SEPTIC SYSTEM •ECL _ —_.. _ c ^/W 4Al0.0�� ni ( R N - 3'ti166.80' M. 36"m "sE t w r.IEASUREMENTS TEST BORING wl 2 26•i 0• sr FFLfl EL g a �� MauS 45'35'00' W u' ql'3 r .,, _ co MY A In `ms s. 92y,00' B4130107 Y MAONALD GEOSCIEM. , �, NIOIF HAIRSTON d RI • u.x° LOT '3`A' V W y A' B' EL. 3/ '• W ST 24'6' 6' - 0 0 -P I/e r O 39,432 sQ.1I. Includes R.O.W. LP*' 776' 4E" nAmrsROwRCO.ua DWELLING O o R.0.W, - 8,.527 sq.11 -- 1 Mrom ar.Ic O /�T 23 LP2 50' 5 3' 3. m I DvE x 0 •zu.� >E C'T l9'T LMTS OF 0.EIANGrn � / O vrnirROs.o E TO le'T adA •nv.WP•` ✓. 24'7 A PUBLIC WATER p 1eb 15' VEGETATED BUFFET TJ 34'T 93l A DECLARATION OF COVENANTS AND RESTRICTIONS j 285.61' sr HAS BEEN FLED IN THE COUNTY CLERK'S OFFICE S 4732'00' W AND SUCH COVENANTS AND RESTRICTIONS AFFECT THE SUBDIVISION AND THE PROPERTIES WITHIN. ZONING DISTRICT - HB LONG ISLAND RAIL ROAD THE CONTRACTOR MUST NOTIFY THE TOWN OF SCHOOL DISTRICT 5 NEW SEPTIC SYSTEM 7 BEDROOMS - . __ _ _ - _ ._ ArLEA T HIGHWAY DEPARTMENT, W GINGWRITICy EXISTING CESSPOOLS TO BE WO LEAST W HOURS BEFORE COMMENCING ANY WORK. ALL WORK WITFAN THE 70wa' RIGHT OF WAY OWNERI APPLICANT FILLED IN OR REMOVED MUST BE INSPECTED AND APPROVED BY THE TOWN ROBERT 6 PATRICK ADIP/ETRO NEW - 1750 GAL. PRECAST SEPTIC HIGHWAY DEPARTMENT 1N ACCORDANCE WITH PLOT ROBE PECONIC LANE TANK BY • 6' LIQUID DEPTH I PLAN ATTACHED 2 L.P.e B'0 10 DEEP Pemenrr LLc VACANT DRIVEWAY l MAINTENANCE AGREEMENT RECORDED IN P.O. BOX 192 q wELL LIBER 12628 PAW 944 PECONIC, N.Y. 11958 / SUBDIVISION HAS BEEN ADOPTED PURSUANT DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD NOTE TO THE TERMS OF THE AMENDED CHAPTER 240, RECORDED IN LIBER 12628 PAGE 943 SUBSURFACE SEWAGE SUBDIVISION OF LAND, EFFECTIVE AUGUST 24, 2004 FINAL PLA T DISPOSAL SYSTEMS AND HOUSE WATER SERVICE DESIGN B n t STANDARD SUBDIVISION � o w^ro, SUBJECT TO COVENANTSARES7RICTIDNS PSB 75 OF NEWy JOSEPH FISCHETTI, P,E. ,. ° 3 SERflwKE F'OR THE PROPERTY OF p f�SCyPf�9 HOBART ROAD E -EvrL r1w j r ¢ N � ,, / SOUTHOLD, N.Y. 11971 oFNE H6311JII765765-2954 1 ROBERT & PATRICKADIPIETRO `., -9 �J` tf� H' _ " ;'T MET2Q,J� A T PECONIC SITE FILED 1 * '�� 1. ,. '' < Fp � TOWN OF SOUTHOLD �°. D645�6P to, — IMit W"" NEN I AO SUFFOLK COUNTY, N. Y. OFE9-11,Pe ! D AUG 13 20101000 - 74 - 03 -18 �Fti ti° ass a yY J, 4. TYPICAL PLOT PLAN SFD 4� °• I& !�'r w 'w j CLERK OF SUFFOLK COUNTY June 24 2005DEc- (TEMP DEL I9,2007 feral lacy DEC O,2009u0DlTlONSIE ✓ p♦ Feb. l4, 200 (additions) Jm. 31, 2008 IRwMlond FEB. 3, 2010 fndd/Mna1 KEY MAP HT MAY B. ROC (TEST MOLE) �Y 0. zone o,a wl Fr ze, 010 ( awVw.H SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES JUNE n, z010 rnddll°nsl \ I HEREBY CERT FY THAT THIS SUBCJ'✓ISION PLAT NAS MACE F+C'.I JIAE 9S 2010 4avW& SCALE 7"=600' HAUPPAUGE, N.K l7 210 **Dk N ACTUAL SURVEYS COMPLETED 4 A DSL THAT ALL VON, THE PI`S I7, doio 10n) DA 7' ---��.-T �— S140 NN THUS M ACTUALLY EAS AND THEIR ?GS;T,'ONS .Jr?E " •,RREC'LY JUL" �. tol0 �ncresl j H q SHONN AND ALL /DII�MENSIONAL AND GEODETIC :7E-AILS ARE --ORREi T VEL FORa'T ^" , JOHN T. M1IL .Y. THS rs TO CERTIFY T ME 0 D QTY DIVSION OR �,� , eie rb IN THE CONTOUR LINES 4N0 ELEVATIONS ARE .REFERENCED '0 THE WITH A TOTAL OF.3—LOTS WAS APPROVED I HEREBY CER FIFY THAT THE WATER S PPL "I Sl -ANC 'R SEWAGE DISPOSAL FIVE EASTERN TOWNS ]TOPOGRAPHIC MAPS ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL SYS FEMlSI FOR THIS PROJECT WERE CES�dNEi 'Y 'JE _F - ,NCE.R MY DIRE"CTI M—=;FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT BASED ONWCAREEND THOROL GH ;Y �F -YE SOIL, S/T71S IInANY ALTERATION OR ADDITION TO THIS SURVEY /S A v10LAT/av AT TIE TIME OF CONSTRUCTION ANO ARE SUBJECT TO SEPARATE GROUND VIAL L O TS AS -- :":=Ei, CCNFCRM .�, THEOF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. PERMTS PURSUANT TO 7HIOSE STAHtlAROS. TMS APPROVAL SHALL BE SUFFOLK C ] OF HEAL C�S CJNSTRUC CN'EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTE'ICATIONS VALID OM.Y IF THE REALTY SUBDIVISION /DEVELOPMENT MAP /S STANDARDTJSDS A�E� LAUG 2 3 2010EREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY W SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR DUYY FlEO NTH THE COUNTY C.LEPo( WITHIN ONE YEAR OF THIS GATE.WHOSE ;GNATURE APPEARS HEREON. CONSENT/S HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH x001 ZONALLY i 0 COMPLY NTH SAID LA w TERM ' ALTERED BY ' THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN Soullmld Town AUSr BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE 'rhnnur:Coar:� OF ANOTHER SURVEYOR'S MAP, TEP..VS SUCH ' INSPECTED - AAT] SUFFOLK COUNTY SANITARY CODE. UTILITIES - (� = TREE I B' Die. DI OBH PUBLIC WATER PECON/C SURVEYORS, P.C. ' BROUGHT - TO - DATE 'ARE NCT IN COMPLIANCE WITH THE LAW, MtlIW Dze7'�L Ir..P E ELECTRIC 16311 763 - 3020 FAX !63/1 765 - 1797 I GAS 1 00. BOX 909 1 VEL TOTAL AREA = 2.038 ACRES, DIRECTOR, DIVISIO IRONMHNTAL QUALITY CABLEVISION SOUTHOLD, N.Y. 51971 03-217 PROPERTY LAE --- PLAN FOR THE ENTRANCE = 2 I zEeW 25' RIGHT OF WAY 27.09 _ STANDARD SUBDIVISON FOR THE PROPERTY OF 7 . FLew ROBERT & PATRICK ADIPIETRO ria. A T PECONIC zse a Me /000 - 74 - 03 - 16 8 n22 i .a 25' hl of Way SCALE, l' = /0' STONE PAVEMENT FEB. 5, 2009 Z m i T f�7 za3 LP. auTc — o PL4NNIN,' . 1i z7jo 1-f 1401-D oa- 0 2,2WD- - --� low_ . A FLOW fLOw f EL 28.8 - " T/I EL £4 _ Cv7M PAMMCWr aMER CONC _ T/fiU TEEL 2" ' pjq socwnuc� LP. b7 CONC. 3000 PCONCR TLr I ^',,'` CLwe sone w/ec-10,70 rwF S. LIG NO. 496/8 ` 6 •r O�V, c. 207 !6311 765 - 1797 1 our1 �. . vSisiEr 03-217 . i� PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 July 26, 2010 Attn: Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above and pursuant to the June 15`h Conditional Final approval, please be advised that all of the conditions have been met and we are now pleased to enclose 6 mylar prints and 7 paper prints of the Final Plat for issuance of final approval and signing by the Chairman Thank you and please do not hesitate to call should you have any questions. Very truly urs, ricia 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 June 29, 2010 Attn: Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 JUii 3 0 2010 ___) RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above, enclosed please find copies of the recorded C & R's and Driveway & Maintenance Agreement. Mylars and paper prints will follow under separate cover for final approval. Thank you. Very truly yours, Patricia C. Moore PCM/bp encls. r PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (63 1) 765-4643 June 18, 2010 Attn: Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 JUN 13 2010 RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above, enclosed please find my client's check in the amount of $4,000.00 representing the Administration fees due. Thank you. Very trul s, L,Patri6a C. Moore PCM/bp encls. r MAILING ADDRESS: PLANNING BOARD MEMBERS �r3F sor/Tyo P.O. Box 1179 MARTIN H.SIDOR hd Southold,NY 11971 Char OFFICE LOCATION: WILLIAM J.CREMERS A Q Town Hall Annex KENNETH L EDWARDS .�, O 54375 State Route 25 JOSEPH L.TOWN DONALD J. OWNENSKI O � (cor.Main Rd. &Youngs Ave.) SEND Cly Southold,NY Telephone:631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2010 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Conditional Final Approval: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, June 14, 2010: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, an application for Sketch Approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, on February 15, 2007, the Suffolk County Water Authority issued a Letter of Water Availability for the proposed action; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 15, 2007, the applicant submitted a revised Sketch Plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007; and WHEREAS, on November 15, 2007, the Southold Town Planning Board issued a Negative Declaration for the action pursuant to New York State Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617, Section 617.7; and Adipietro Pape Two June 15, 2010 WHEREAS, the Southold Town Planning Board reviewed the revised Sketch Plan at their Work Session on September 4, 2007 and found that sufficient information had been submitted to issue Conditional Sketch Approval; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007, subject to conditions and the conditions have been met; and WHEREAS, on June 4, 2008, the Suffolk County Planning Commission reviewed the proposed action and responded with one comment; and WHEREAS, the Southold Town Planning Board incorporated the Suffolk County Planning Commission's comment in the subdivision design; and WHEREAS, on November 12, 2008, the Southold Fire District determined that fire protection for the proposed action is adequate; and WHEREAS, the Southold Town Planning Board held a public hearing on Monday, December 8, 2008 at 6:05 p.m. on the Preliminary Plat prepared by Peconic Surveyors, P.C., dated September 8, 2007 and last revised July 8, 2008; and WHEREAS, the Southold Town Planning Board received public comments on the proposed action; and WHEREAS, the Preliminary Public Hearing was closed on January 12, 2009; and WHEREAS, on March 5, 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 April 14, 2009, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro", and all the conditions have been met; and WHEREAS, on September 2, 2009, the applicant requested a six (6) month extension of Conditional Preliminary Approval granted on April 14, 2009; and WHEREAS, on October 13, 2009, the Southold Town Planning Board granted a six (6) month extension of Conditional Preliminary Approval from October 14, 2009 to March 14, 2010 upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro'; and Adipietro Page Three June 15, 2010 WHEREAS, on February 11, 2010, the applicant received Suffolk County Department of Health Services approval; and WHEREAS, on March 1, 2010, the applicant submitted an application for Final Plat Approval; and WHEREAS, on May 17, 2010, the Southold Town Planning Board conducted a final review of the draft Covenants and Restrictions, Driveway and Maintenance Agreement and Easement; and WHEREAS, on June 7, 2010, the Southold Town Planning Board accepted the Covenants and Restrictions, Driveway and Maintenance Agreement and Easement for the above-referenced application; 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 Approval upon the Plot Plan titled "Plan for the Entrance 25' Right-of-Way Standard Subdivision for the Property of Robert & Patrick Adipietro at Peconic", prepared by Peconic Surveyors, P.C., dated February 3, 2010 to be attached to the Final Plat and recorded and filed with the Final Approved Plat with the Office of the Suffolk County Clerk stating liber and page number; 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 entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro" prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, 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 Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro" subject to the following conditions: a) Submission of filed and recorded Covenants and Restrictions, Driveway and Maintenance Agreement and Easement with the Office of the Suffolk County Clerk stating liber and page number for each document. b) Submission of a Park and Playground Fee in the amount of$14,000.00, made payable to the Town of Southold as required by Southold Town Code §240-54(G). c) Submission of the Administration Fee in the amount of$4,000.00 made payable to the Town of Southold as required by Southold Town Code §240- 37. Adipietro Page Four June 15, 2010 If you have any questions regarding the above, please contact this office. Very truly yours, 64d,41 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. Southold Town PlanniW oard Work Session Agenda-6/7/10 W e Three Project name: F.I. Utili Co. SCTM#: 1000-6-3-9, 6.1 & 7 Location:_ No # Central Avenue Description:--1Proposed lot change where SCTM#1000-6-3-9 totaling 4,420 sq. ft. will transfer 2,210 sq. ft. to SCTM#1000-6-3-6.1 and 2, 210 sq. ft. to i SCTM#1000-6-3-7. After completion of a lot line change, SCTM#1000-6- j 3-6.1 which is pre-existing & non-conforming at 39,639 sq. ft. (.91 acres), will become less non-conforming by increasing in area in the R- 80 Zoning District with a new area total of 41,817 sq. ft. (.96 acres) and SCTM#1000-6-3-7 will increase in size from 166,399 sq. ft. (3.82 acres) to 168,577 sq. ft. 3.87 acres). SCTM#1000-6-3-9 will no longer exist. __I Status: Action_ - Review draft final resolution. _- _ ----- Attachment_s: Draft Resolution Project name: Adipietro, Robert SCTM#: 1000-74-3-16 __I Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. _f Status: Conditional Preliminary Approval —� Action: Review draft conditional final resolution. Attachments_— Draft Resolution— —_ Project name: _FIR ighIand House FI, LLC SCTM#: 1000-9-11-7.12 Location: — _ i corner of Ocean View and Heathulie Avenues, F.I. 1 Description: j This proposal is to subdivide a 4.56 acre into 2 lots where Lot 1 wou►d j i total 80,390 sq. ft. and Lot 2 would total 118,289 sq. ft. in the R-80 Zoning District. — Status: TO�en -- - Action:_ t Review draft__conditional sketch resolution. ---� ---- -- — -------f Attachments: I Draft Resolution -r----._---- _ T- Project name_ Aries Estates/Tully _ SCTM#: 1000-22-3-2 1 Location: The property is located at the westerly terminus of a private right-of-way-11 which extends north from Kayleigh's Court in East Marion. Desp-- -- -i proposal- ----------- ------------ -... Descri tion: 1 This is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of j open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of �open space, in the R-80 Zoning District. Status: Sketch Approval _ Action. I Review draft conditional preliminary resolution/draft letter re revised ---. __ yield map. ----- ---- -------- Attachments: i Draft Resolution — -------------..-:--- - - For Discussion: 1. Accessory Apartment Local Law comments to the Town Board 2. Night Fishing Parking Permit Local Law comments to the Town Board 3. Executive Session: legal matter discussion with Town Attorney PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 June 1, 2010 Attn: Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above, enclosed please find my client's check in the amount of $14,000.00 representing the park & playground fees due. Thank you. JUN 1 20 V�truly yours, rp, atricia C. PCM p� encls. • • -r> PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 May 27, 2010 Attn: Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above, attached please find one print subdivision map which has been revised in accordance with your requirements, namely removing the notation on the map "Maintain existing hedge along north line of 25' right of way and showing the existing trees greater than 18" DBH. Please review this one print and advise if acceptable as we will then have paper & mylar prints made, signed by the surveyor and engineer and then have health department restamp. I am in the process of getting the C & R's and Driveway & Maintenance Agreements recorded and will forwarded you the recorded documents to you. Thank you and please do not hesitate to call should you have any questions. V ry ruly yours, lbatricia C. Moore r� PCItbp encl ' Southold Town Plannit Board Work Session A-genda- 5/1710 Page Two Subdivisions -----------------...................... -------------------- ------- Project name: Mazzaferro, Karen SCTM#: 1 1000-63-1-12 -------------- ---------------------- Location: on the east side of Horton's Lane, in Southold ---------------- Description: 1 This proposed standard subdivision is to subdivide a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., L__._....______.._.-.____ and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District. —----------------------- Status: Conditional Preliminary Approval I —------------ --- Action: Distribute Draft C & Rs and Draft Access Easement for review at 5-24-101. Work Session. _4............. ........... — Attachments. -------------------: Draft C & Rs and Draft Access Easement --------------- Project __ ' Adipietro, Robert SCtVk. 000-74-3-16 Location: on the e/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in 1' Peconic -bescription: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq_ft., in the HB Zoning District. -'Status: Conditional PreliminayA� al Action: 1 Distribute Draft C & Rs, Road and Maintenance Agreement,-ffaswme-nt--] for review at 6-1-10 Work Session. Attachments: I Draft C & Rs, Road and Maintenance Agreement, Easement ------------------------ -------------------- -------------------------------------------------------------Agreement,------------------- Discussion: 1. Executive Session - litigation 2. Proposed new Work Session Schedule- trial period this summer • MAILING ADDRESS: PLANNING BOARD MEMBERS Zapf SOUTyOP.O. Box 1179 MARTIN H.SIDOR �Q �� Southold, NY 11971 Chair OFFICE LOCAITON: WILLIAM J.CREMERS GTown Hall Annex KENNETH L.EDWARDS .� a�Q 54375 State Route 25 GEORGE D.SOLOMON ��' mm��(,`' (cor. Main Southold, NY Youngs Ave.)JOSEPHH L. TOWN END Comm,I, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: May 17, 2010 Re: Standard Subdivision for Adipietro Application Name: Standard Subdivision of Adipietro Tax Map Number: 1000- Location: The property is located on the a/s/o Peconic Lane, approximately 333 ft. s/o of County Road 48, in Peconic, SCTM#1000-74-3-16. Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) _X Final Subdivision Map (Dated: 2/25/2010) X Road Profiles (Dated: 2/3/2010) X Grading and Drainage Plans (Dated: 2/3/2010) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: 1 Grading and Drainage Plans (Dated: 1 Other (AS BUILT) (Dated: ) Project Description: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq.ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. i Additional Comments: Please review the above referenced proposed standard subdivision and prepare a bond estimate. Thank you!! PROPERTY LWE ----- PLAN FOR THE ENTRANCE 2 l 2s s 25' RIGHT OF WAY rc STANDARD SUBDIV/SON P7" FOR THE PROPERTY OF ROBERT 8 PATRICK ADIPIETRO oir �— A T PECONIC e' 2Be Q 2" riot 1000 - 74 - 03 - 16 R1 2 + STONE PAVEMENT 25' Right 0/ WGY SCALE: I' = /0' ° y 2 , q W FEB. 52 2009 -L-10 C > $� FEB. 3, 2010 (revisions) RCj v 2 2 ►' `Z I rRar 2sa\ ur 2 0. C q 'r .'2 2, y .. rrl 7 Q 6RA 26,90 Q 27.4 TC 2210 Tr g 2210 � MAR - 1 2010 1 _Or i - COW rppoN nr Q�au SOW 4 EL 28.8 _ 'FLuu• �2flw eunm M F NE O/ Q ✓� �r 26.6 T/ORATE Q 28.3 , ... �(,�r �Y0Pf d �LLwm r r r 2 0 CLO 30M CO. fw PS 04 ert�26.6 DRAINAGE CAL COLA T/ONS I - 16' WIDE PAVEMENT - 5418 cu,11. / �� 3 4 ' O 9618 5418 x 0.6x 0.17 = 553 cu.fl. t 553/42.2 - 13 VF IPECONICS Y gU !6311 765 - 5020 5 - 1797 PROVIDE 2 L.P.s 8'0 x - 7' liquid depth P. 0. BOX 909 1230 SOUNER 6,1971 THOLDD, 03-217 05/14/2010 10:09 FAX 631 765 4643 MOORE LAW OFFICES -. Planning Board Q001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 14, 2010 Attn: Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 MAY 14 2 RE: SUBDIVISION ADIPIETRO -- PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above, please let this serve as a request of an extension to the conditional approval. We have just obtained Health Department and are awaiting approval of proposed C & R's provided to your office. Thank you for your courtesies in this matter and please do not hesitate to call should you have any questions. e truly yours, is C. o e PCM,) enols. 8Y • 6' L/OM DEPTH 98Y , 10DEEP IF:l Ct1Y L!E VACANT K31. SUBDTVTSION HAS BEEN ADOPTED AVACE SEWAGE - TO TH_ TERMS OF THE AA/ENDED CH PIER 2qp SAL SYSTEMS AND �" .HOl/SE SUBDIVISION OF LAND, EFFECTIVE AUGUST 24 07 SERWX DESWYV BY• _ r 004 mom" FISCNETTW P.E. °; STANDARD SUBDIVISION ROAD 1w i' � ' ,197/ / FOR THE PROPERTY OF A: ( ROBERT& PA TRICK ADIPIETRO . — ; A T PECON/C � TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y � e� TYPICAL PLOT PLAN 1000-74_03-10 y o' r.,w Fro June 24 2005 x SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Fab. /4, 200V` ladJilionrl r/�2zO°oirR � !1 cl s� (/�� y MAY A Z00?/TEST/KILO `�r� 1 zoos e°w#101/ rTM°avrV, DAT� AII' 1 /HEREBY CER 71F THAT TH/S SUBDIVISION/'LAT WAS MADE A Y�bw�l EOF Ng � ACTUAL SURVEYS COMPLETED y �s/p�, THgT ALL MONUMENTSOM � t W O . SHOWN THUS M gC7UALLY EX/S�AND-THEIR SP Y SHOWN AND ALL DIMENS/ONAL AND GEODE TIC DETAILS ARE CORRECT. T.Mfr q AND THEIR POSITIONS ARE CORRECTLY O� rO�y- ThYS is TO LL�R73�Y TJRE pq�p,5£D gfq�TY S/,gply +I / A, p FOR L�IiicFCA. IL'idaLSfMrb•Lr n,/�lE� ✓O N r—n.Ifr..�;. ,--- . --- WlT1I A TTAC OF3 LOTS WAS APf80Vf0 NYS. LS LlC. NO. 996/B ,{t ON THE ABOVE DATE. WATER SLPPLES AND SEWAGE OLSPOSaL /HEREBY CER?/FY THAT THE WATER SUPPL Y(S) ANO/OR SEWAGE O/SPOSAL � 8 �l FACXITES MUST CONF'ORtI TO CONSTRUCTION STAADAROS/N i fFECT SYSTEM( FOR THIS PROJECT WERE DES, BY ME OR UNDER MY O/REGI/O AT THE T/Aff OF CONSTR(ALTlON AND ARE SUBJECT TO SEPA,)ATE BASE UPON A CAREFUL AND THOROUGH STUDY OF THE SO/L, S/TE AND PfRM'TS PURSUANT TO INOSE STAADAROS, 7MS APPROVAL SHALL BE GROUN FEH CON LANA VAL/O ONLY£ THE R£qL rY S!/BD/N}ygr/DEVELOPMENT MAP S SUFFOL LINTY S� ALL LOTSpS P/'OpOS, CONFORMT - DULY F/Lf0 Wq}I TRE COUNTY f.LfRK W/THFV ONE YfAR OF L IS DATE ' STANDARDS , T OF HEAL TH .^lRVICES CONSTRUCTION HE o CONSENT IS/ERCBY GIVEN FOR THE FILWG OF THIS MAP OV rw I H/S DA TF e 'W..ENDORSEMENT APr`cAAS iN THE OFFICE OF THE COUNTY CLERK W ACCORDANCE WITH PRO/ISYONS OF THE PVBLK HEALTH K CLAW;.MJ THE o SUFF OUNTY SAN/TARY CODE. ____ ____________ UT,'LITIES NTS MIIV ' LIC D '' i ELECTRIC ATER 1, 4 DIRECTOR, ! GAS N a PECON/C SUPVEYORS P. -- c D/V/S70N OF fNVWON!'fN ML OIJAL/TY CAREEN/S/ON ,o�' +�5�o1a��2 (63/1 765 - g02 r C BOX 909 O FAX !6311 765 - /7;;1 _ . WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 22, 2010 4:00 p.m. Applications r- ------I -............. ---- ------ ------ .-ProJect-name: Adipietro, Robert SCTM#: 1 1000-74-3-16 ---------------....................----------- . ............ --------------------------------------------- --------------- Location: The property is located on the e/s/o Peconic Lane, approximately 333 ft. i s/o County Road 48, in Peconic, ............ ..... ...... ............ -_-----------------------------............. ---------------- ---------............... ------------ Description: I This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot I equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. ----------------------------- ------------------------------ ------------------------------------ ....................... ........... Status: Conditional Prelimina --A----pproval - ------------------ 3 Action: I Accep"p ----------------- ------- ; Attachments-- -- _pkatiion for final review. : C & Rs, Easement an�d--Drive---Driveway Agreement --- ------- -------- ....................... . ............. .............- ....... ----- Project name: --------- Karen ................... S--G------T-----M# 100.0...-63-1-12 ---------- .......................................-----Location: The property is located on the east side of Horton's Lane, in Southold. ---------------------------------------------------------.............1-------------- ........... .......------ Description: This proposed standard subdivision is to subdivide a 4.28-acre parcel into 3 lots, where Lot I equals 41,994 sq. ft., Lot 2 equals 43,631 sqft., and Lot 3 equals 90,023sq. ft., in the R-40 Zoning District. ---------------1-1-.......................... Status: Sketch Approval ............... ------------- Action: i Consider granting Conditional Preliminary April 20IO/Dist-r-ib, ute- for I review draft C & Rs, ROW Agreement. -- --------- ...................... ---------------------------------------................ 1 -Attachments: Draft C & Rs, Driveway (ROW) Agreement .............. .............y .....Agreement . ............ For Discussion: ✓ Town Board request for comments — Orient water map amendment r • Mir �6 Submission Without a Cover Letter Sender: P�%� Subject: SCTM#: .1000 - Date: Comments: 1 • • MAILING ADDRESS: PLANNING BOARD MEMBERS q soUjP.O. Box 1179 MARTIN H. SIDOR �0� �j_ Southold, NY 11971 Chair O OFFICE LOCATION: WILLIAM J. CREMERSCO3 zkc Town Hall Annex KENNETH L. EDWARDS 6 C GEORGE . 54375 State Route 25 SOLOMON Q • �� (cor. Main Rd. &Youngs Ave.) JOSEPH L. SOLOMON �COUNN Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 14, 2009 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Extension of Conditional Preliminary Approval: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Tuesday, October 13, 2009: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq, ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, on April 14, 2009, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro'; and WHEREAS, on September 2, 2009, the applicant requested a six (6) month extension of Conditional Preliminary Approval granted on April 14, 2009; and WHEREAS, on September 14, 2009, the Southold Town Planning Board reviewed the request for the extension and agreed to grant the request; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a six (6) month extension of Conditional Preliminary Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro" from October 14, 2009 to March 14, 2010. Adipietro Page Two October 14, 2009 The above-referenced condition must be met within six months of October 14, 2009 unless another extension of time is requested by the applicant and granted by the Planning Board. Upon fulfillment of the condition, the Planning Board will issue final approval and authorize the Chairman to endorse the final surveys. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SOUjP.O. Box 1179 MARTIN H.SIDOR �� Q/_ Southold, NY 11971 Chair O OFFICE LOCATION: WILLIAM J.CREMERS H :�c Town Hall Annex KENNETH L.EDWARDS G @ 54375 State Route 25 GEORGE D.SOLOMON Q • ",� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l'fCQU4 Southold, NY Telephone: 631 765-1938 Faze: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 6, 2009 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board has reviewed your request for a six (6) month extension of conditional preliminary approval from October 14, 2009 to March 14, 2010 for the above referenced project a their October 5, 2009 Work Session and has agreed to grant the extension. This extension will be formally granted by the Southold Town Planning Board via an approved and adopted resolution on Tuesday October 13, 2009. If you have any questions please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, October 5, 2009 4:00 p.m. 4:00 p.m. Site Plans and Subdivisions Project name: William Penny (Tidy Car ) SCTM#: 1000-55-5-2.2 Location: s/w corner of Route 48 and Youngs Ave., Southold Description: 7 The applicant requests to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in the General Business Zoning District. Status: Amended Site Plan Actio11 n: Review site plan and recommend for the Planning Board to accept the application for review and start the referral process. Also consider written comments to the ZBA as previously requested. Attachments: Staff Report Project name: T-Mobile Northeast, LLC SCTM#: 102-1-17.1 Location: The Presbyterian Church or Society of Cutchogue, 27245 Main Road Description: The applicant requests a Special Exception & Site Plan approval for a public utility wireless communication facility. The request is for co- location of antenna interior mounted within an existing church steeple including a related storage equipment area screened from view. As part of the application, the applicant proposes to remove and replace a portion of an existing church steeple to match the existing church building ona. .0.91-acre site located in the R-40 Zoning District. Status: New Site Plan Action: Review site plan and recommend for the Planning Board to accept the application for review and start the referral process. Attachments: Staff Report Project name: Harbes Family Winery SCTM#: 1000-120-1-4 & 112-1-7.1 Location: northwest corner of Sound Avenue and Hallock Avenue in Mattituck Description: This site plan is for the addition of retail winery and wine production facilities to an existing farm stand using existing buildings on site. In addition, the site provides existing parking of 28 spaces and provides new parking of 46 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zone. Status: Revised Notice of Disapproval Action: Review resolution for SEQRA determination. Attachments: SEQRA Determination Resolution Project name: Adipietro, Robert SCTM#: 1000-74-3-16 Location: a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. Status: Conditional Preliminary Approval Action: Request extension of Conditional Preliminary,kppro v a 1. Attachments: Resolution Granting 6 Month Extension WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 14, 2009 4:30 p.m. 4:30 p.m. Site Plans and Subdivisions Project name: Saves, Inc. , SCTMM 1000-59-3-31 Location: 2875 Horton Lane, Southold Description: This site plan is to convert an existing 800 sq. ft. dwelling to 500 sq. ft. of retail space and 300 sq. ft. of storage space, on a 10,140 sq. ft. parcel in the Business Zoning District Status: Request for.Inspection Action: Recommend Final Approval. Attachments: Request from Applicant & Draft Letter to Applicant Project name: William Penny (Tidy Car) SCTM#: 11000-55-5-2.2 Location: s/w corner of Route 48 and Youngs Ave., Southold Description: Conduct motor vehicle sales. Status: A site plan will need to be submitted to the Planning Boa11 rd11 for review and a Special Exception is required by the ZBA. Action: ZBA Request for Comments Attachments: Draft Memo Project name: Torell, Arthur SCTM#: 1000- 33-2-10 & 33-2-11 Location: 365 Westwood Lane, 300 feet north of Homestead Way, Greenport Description: Lot Line Modification Status: Conditional Final Approval Action: Requesting extension of Conditional Final Approval for filing deeds. Attachments: Project name: Adipietro, Robert SCTM#: 1000-74-3-16 Location: 2980 Peconic Lane, Peconic Description: standard subdivision of a 2.038-acre parcel into 3 lots in the HB zone Status: Conditional Preliminary Approval Action: Requesting extension of Conditional Preliminary Approval, Attachments: 5:30 p.m. Review Public Meeting Agenda • • �j PATRICIA C. MOORE 11� Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 September 1, 2009 Attn: Martin Sidor, Chairman Southold Town Planning Board . Main Road PO Box 1179 -- Southold NY 11971 SEP - 2 2009 RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Sidor and Board members: With reference to the above, please let this serve as a request of an extension to the conditional approval granted on April 14, 2009, as we are still in the process of obtaining health department approval. Thank you for your courtesies in this matter and please do not hesitate to call should you have any questions. Very tru�rs, Patricia C. Moore PCM/bp encls. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ,{, 00� S(7(/j� P.O. Box 1179 MARTIN H. SIDORNqn/", tid �� R Southold, NY 11971 Chair 4t OFFICE LOCATION: WILLIAM J. CREMERS rJa Town Hall Annex KENNETH L. EDWARDS ` yd 54375 State Route 25 GEORGE D.SOLOMON " (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND �e0 4`� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 14, 2009 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 13, 2008: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, an application for sketch approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, on February 15, 2007, the Suffolk County Water Authority issued a Letter of Water Availability for the proposed action; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 15, 2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007; and WHEREAS, on November 15, 2007, the Southold Town Planning Board issued a Negative Declaration for the action pursuant to 6 NYCRR Part 617, Section 617.7; and WHEREAS, the Southold Town Planning Board reviewed the revised sketch plan at their Work Session on September 4, 2007 and found that sufficient information had been submitted to issue Conditional Sketch Approval; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007, subject to conditions and the conditions have been met; and Adipietro Page Two April 14, 2009 WHEREAS, on June 4, 2008, the Suffolk County Planning Commission reviewed the proposed action and responded with one comment; and WHEREAS, the Southold Town Planning Board incorporated the Suffolk County Planning Commission's comment in the subdivision design; and WHEREAS, on November 12, 2008, the Southold Fire District determined that fire protection for the proposed action is adequate; and WHEREAS, the Southold Town Planning Board held a public hearing on Monday, December 8, 2008 at 6:05 p.m. on the Preliminary Plat prepared by Peconic Surveyors, P.C., dated September 8, 2007 and last revised July 8, 2008; and WHEREAS, the Southold Town Planning Board received public comments on the proposed action; and WHEREAS, the preliminary public hearing was closed on January 12, 2009; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro", subject to the following conditions: 1. Submission of Final Plat Application materials and fees includingv_ aoA copy of the cost estimate required under Article IX, Bonds and Other Security, of this chapter and the road and drainage plan required under § 240-2.1C shall be forwarded to the Town Engineering Office for review and compliance with Chapter 161, Highway Specifications, and other relevant provisions of the Town Code. 2. Please amend the Final Plat accordingly: a. Show existing trees greater than 1 ' DBH to be retained and tearing limits pursuant to Section 240-46{C; of the Town Code, Omit the reference to "Maintain existing hedge along north line of 25' right-of- way", c. Amendments as required by the Office of the Town Engineer: i. The Curb Cut Plan as prepared by the office of John T. Metzger, dated 2/5/09 is considered satisfactory with one exception. The contractor mu install a trench drain along the property line to contain all run-off comin from the new roadway. Grade and invert elevations must be indicated to � verify adequate capacity of the leaching pool. If the grade elevations allow, this road trench drain must be connected to the existing leaching pool or, if grade elevations are too low at the property line, a new leaching pool must be installed. ii. The run-off coefficient for a Stone Blend road surface in the TownVoTfSouthold is 0.6. The drainage calculations and the drainage sys indicated on the preliminary plat must be amended accordingly. Adipietro Page Three April 14, 2009 iii. Lot# 3 indicates a 15' buffer area. It also indicates a 10' side yard. This side yard should be increased, at a minimum, to align with the proposed buffer or meet the required setback established by Zoning. `V/ iv. In addition, please state the following condition on the final plat: a. The Contractor must notify the Town of Southold Highway / Department, in writing, at least 24 hours before commencing any ✓ work. All work within the Town Right-of-Way must be inspected and approved by the Town Highway Department. 3. Submission of final draft of the Declaration of Covenants and Restrictions containing the following additional clauses: a. Add the following clause: The Contractor must notify the Highway Department, in writing at least 24 hours before commencing any work. All work within the Town Right-of-Way must be inspected and approved by the Town Highway Department. b. Replace Clause 16 with: The use of synthetic herbicides pesticides and fertilizers on Lots 1, 2 and 3 is prohibited. In addition, group the restriction clauses to improve readability of the document. c. Replace Clause 17 with: All parking areas and the common driveway�shallbconstructed of pervious materials. In addition, group the restriction claus improve readability of the document; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the plot surveys entitled "Survey of Property at Peconic, Town of Southold Suffolk County, N.Y., Lot 2" dated July 7, 2008 and "Survey of Property at Peconic, Town of Southold, Suffolk County, N.Y." Lot 3 prepared by Peconic Surveyors P.C., dated July 8, 2008, and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Approval on the "Plan for the Entrance 25' Right-of-Way Standard Subdivision for the Property of Robert & Patrick Adipietro at Peconic", dated February 5, 2009. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS `aQF so�Ty P.O. Box 1179 MARTIN H.SIDOR �OV� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS �� 54375.State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'Ycoum Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 14, 2009 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 13, 2008: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, an application for sketch approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, on February 15, 2007, the Suffolk County Water Authority issued a Letter of Water Availability for the proposed action; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 15, 2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007; and WHEREAS, on November 15, 2007, the Southold Town Planning Board issued a Negative Declaration for the action pursuant to 6 NYCRR Part 617, Section 617.7; and WHEREAS, the Southold Town Planning Board reviewed the revised sketch plan at their Work Session on September 4, 2007 and found that sufficient information had been submitted to issue Conditional Sketch Approval; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007, subject to conditions and the conditions have been met; and Adipietro Pape Two April 14, 2009 WHEREAS, on June 4, 2008, the Suffolk County Planning Commission reviewed the proposed action and responded with one comment; and WHEREAS, the Southold Town Planning Board incorporated the Suffolk County Planning Commission's comment in the subdivision design; and WHEREAS, on November 12, 2008, the Southold Fire District determined that fire protection for the proposed action is adequate; and WHEREAS, the Southold Town Planning Board held a public hearing on Monday, December 8, 2008 at 6:05 p.m. on the Preliminary Plat prepared by Peconic Surveyors, P.C., dated September 8, 2007 and last revised July 8, 2008; and WHEREAS, the Southold Town Planning Board received public comments on the proposed action; and WHEREAS, the preliminary public hearing was closed on January 12, 2009; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro", subject to the following conditions: 1. Submission of Final Plat Application materials and fees including: a. A copy of the cost estimate required under Article IX, Bonds and Other Security, of this chapter and the road and drainage plan required under§ 240-21 C shall be forwarded to the Town Engineering Office for review and compliance with Chapter 161, Highway Specifications, and other relevant provisions of the Town Code. 2. Please amend the Final Plat accordingly: a. Show existing trees greater than 18" DBH to be retained and clearing limits pursuant to Section 240-46(C) of the Town Code; b. Omit the reference to "Maintain existing hedge along north line of 25' right-of- way"; c. Amendments as required by the Office of the Town Engineer: i. The Curb Cut Plan as prepared by the office of John T. Metzger, dated 2/5/09 is considered satisfactory with one exception. The contractor must install a trench drain along the property line to contain all run-off coming from the new roadway. Grade and invert elevations must be indicated to verify adequate capacity of the leaching pool. If the grade elevations allow, this road trench drain must be connected to the existing leaching pool or, if grade elevations are too low at the property line, a new leaching pool must be installed. ii. The run-off coefficient for a Stone Blend road surface in the Town of Southold is 0.6. The drainage calculations and the drainage system indicated on the preliminary plat must be amended accordingly. Adipietro Page Three April 14, 2009 iii. Lot#3 indicates a 15' buffer area. It also indicates a 10' side yard. This side yard should be increased, at a minimum, to align with the proposed buffer or meet the required setback established by Zoning. iv. In addition, please state the following condition on the final plat: a. The Contractor must notify the Town of Southold Highway Department, in writing, at least 24 hours before commencing any work. All work within the Town Right-of-Way must be inspected and approved by the Town Highway Department. 3. Submission of final draft of the Declaration of Covenants and Restrictions containing the following additional clauses: a. Add the following clause: The Contractor must notify the Highway Department in writing at least 24 hours before commencing any work. All work within the Town Right-of-Way must be inspected and approved by the Town Highway Department. b. Replace Clause 16 with: The use of synthetic herbicides pesticides and fertilizers on Lots 1, 2 and 3 is prohibited. In addition, group the restriction clauses to improve readability of the document. c. Replace Clause 17 with: All parking areas and the common driveway shall be constructed of pervious materials. In addition, group the restriction clauses to improve readability of the document; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the plot surveys entitled "Survey of Property at Peconic, Town of Southold Suffolk County, N.Y., Lot 2" dated July 7, 2008 and "Survey of Property at Peconic, Town of Southold, Suffolk County, N.Y." Lot 3 prepared by Peconic Surveyors P.C., dated July 8, 2008, and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Approval on the "Plan for the Entrance 25' Right-of-Way Standard Subdivision for the Property of Robert & Patrick Adipietro at Peconic", dated February 5, 2009. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Verytrulyyours, Martin H. Sidor Chairman SCOTT A. RUSSELL R� JAMES A. RICHTER, R.A. /A SUPERVISOR ` ENGINEER YI TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 Melw Fax. (631)-765-9015 Tel.(631)-765-1560 JAMIE.RICHTER®TOWN.SOUTHOLD.NY.US r OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor April 8, 2009 Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Standard Subdivision for ,Robert& Patrick Adipietro Peconic Lane, Peconic, N.Y. Dear Mr. Sidor: SCTM #: 1000 - 74 -03 - 16 As per a request from your office, I have reviewed the site plan for the above referenced project. Plans have been prepared by the office of Peconic Surveyors and have been dated 07/08/08. Please consider the following: 1. The Curb Cut Plan as prepared by the office of John T. Metzger dated 2/5/09 is considered satisfactory with one exception. The contractor must install a trench drain along the property line to contain all runoff coming from the new roadway. Grade and invert elevations must be indicated to verify adequate capacity of the leaching pool. If the grade elevations allow,this road trench drain must be connected to the existing leaching pool or,if grade elevations are too low at the property line, a new Leaching Pool'must be installed. 2. The Contractor must notify the Highway department, in writing, at least 24 hours before commencing any work. All work within the Town Right of Way must be inspected and approved by the Town Highway Department. 3. The runoff coefficient for a Stone Blend road surface in the Town of Southold is 0.6. The drainage calculations and the drainage system indicated on the site plan must be amended accordingly. 4. Lot#3 indicates a 15' Buffer area. It also indicates a 10' Side Yard. This side yard should be increased, at a minimum, to align with the proposed buffer or meet the required setback established by Zoning. In addition, I would recommend that all building envelopes be set back an additional 10'from any buffer they encroach upon to prevent degradation of the Buffer Areas. 5. All Building Envelopes, as proposed, should be reviewed with the Building Department. It would appear that the proposed front yards do not meet the current Zoning requirements for front yard setbacks from the proposed property lines or right-of-way. If you have any questions regarding this review, pleaspjontact my offi / Sin erelyi,� dames A. , cc: Peter Harris (Superintendent of Highways) • • WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 6, 2009 4:00 p.m. APPLICATIONS Subdivisions Plqj ect name_ Bayberry Estates SCTM# 11000-55-6-35 & 36, 56-1-1 Location: est 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 32,747 sq. 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#: 1000-74-3-16 Location: on the a/s/o Peconic 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.ft. and Lot 3 e uals 29,291 sq. ft., in the HB Zoning District. _ I Status: _ Conditional Sketch Approval Action: Review revised C & Rs & consider amendments dated 3/19/09. Attachments:_ I C & Rs, Road & Maintenance Agreement Project name: Sy and Catherine GhassemiSCTM#: 1000-31-1-p/o1 Conservation) _ Location: On the north side of NYS Route 25, approximately 831 feet west of Rock 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 I be sold to Suffolk County, Lot 2 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: r Revised C & Rs __-_---- - -—� - ------ —------ Project name: :::[N-----kart Realty _ 1 SCTM#: (1000-52-2-13 Location I 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 sg_ ft. and Lot 2 equals 17,438 sq. in the R-40 Zoning District. -- — Status Preliminary plat review i Action Re_quest clarification_ from the_Z_BA on their decision. j —. -.— - Attachments Draft Memo to the ZBA � • MS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 l Tel: (631)765-4330 Fax: (631)765-4643 March 19, 2009 Attn: Tamara Sadoo Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Tamara: With reference to the above and pursuant to my email, enclosed please find the revised C & R's and Road Maintenance. Please note Pat that on the Road Maintenance, Pat uses "driveway". Thank you. Verytr ly'yours, Patricia C. Moore PCM by x� , encls- DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the day of March, 2009 by ROBERT ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto; and WHEREAS, the property is zoned Hamlet Business which permits listed commercial uses on each lot, however, on lots 2 and 3 the uses are limited to single family dwelling with a common driveway. WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Robert & Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, 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 G 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 : (1) Prior to issuance of final plat approval, the existing barn on proposed lot 2 shall be relocated into a conforming location, or demolished. (2) Fifteen (15) foot vegetated buffer area shall be established on lots 2 and 3 as follows : a. On lot 2 the buffer shall be established along the following metes and bounds : Along the northerly line of lot 2, beginning at North 43 degrees 29 minutes 00 seconds east for 272 . 97 feet then along easterly line of lot 2 running north 40 degrees 01 minutes 00 seconds east, 126 . 72 as shown on the filed plat . b. On lot 3 , the vegetated buffer shall be established along the following metes and bounds : North 44 degrees 30 minutes west 84 feet; thence South 47 degrees 32 minutes 00 seconds West 285 . 61 feet; thence southeasterly 40 degrees 01 minutes 00 seconds East 112 . 71 feet to the lot line as shown on the filed plat . The 15 foot buffer shall remain undisturbed in perpetuity except for permitted activities . Permitted activities within the buffers are limited to the removal of weeds and invasive vines , removal of dead, diseased trees that are hazardous to life or property and may be supplemented with plantings of native and drought tolerant plants . (3) The declarant shall install on lot 1 a landscape buffer between the northern property and the common driveway along the following metes and bounds : North 43 degrees 29 minutes 00 seconds East for a distance of 193 . 28 feet . Within said buffer on lot 1, a six foot stockade fence shall be erected and maintained with a row of evergreen shrubs along the south of the fence to achieve additional screening. The declarant shall guarantee survival of the planted vegetation for a period of three (3) years from installation (4) Lots 2 and 3 shall be restricted to one single family dwelling per lot, and one accessory apartment per dwelling. To preserve the unique historic character and street scape of the Peconic Hamlet Center, vehicle parking on lot 1 which results from a multi-family dwelling (including accessory apartments) shall not be in front yard (Peconic Lane) . Commercial uses shall be designed to limit the view of the parking areas from Peconic Lane . This may be accomplished by siting the parking area on the north, east or west side of the existing structure . If the parking area remains in the front yard (south side) then the parking area will be screened with plantings to limit view of the parking area from Peconic Lane. (5) There shall be no changes to any lot lines without Planning Board approval . (6) Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code 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; (7) Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System; (8) Clearing limits for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code . Lot 2 is 29, 076 square feet, therefore clearing of Lot 2 is restricted to 60 % of the total lot area. Lot 3 is 30, 956 square feet, therefore clearing of Lot 3 is restricted to 50% of the total lot area. All significant trees greater than 18" DBH shall be preserved and maintained as to not pose a hazard to life or property. (9) All utilities serving Lot 2 and Lot 3 shall be installed underground. (10) Lots 2 and 3 shall be accessed via a common driveway which restricts the use of the lots to residential . If the use of Lots 2 and 3 are changed from residential to commercial, the access to Lots 2 and 3 shall be improved to meet the minimum specifications of Highway Specification of the Town of Southold Town Code . (11) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . (12) 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 Planning Board granted by a majority vote plus one following a public hearing. (13) 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 . (14) 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 . (15) 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 . (16) Declarant shall not apply and use synthetic pesticides and fertilizers capable of entering surface and potable water supply. (17) Declarant shall use pervious driveways to serve each lot . IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) On the day of before me, the undersigned, a notary public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument . Notary Public DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the day of March, 2009 by ROBERT ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto; and WHEREAS, the property is zoned Hamlet Business which permits listed commercial uses on each lot, however, on lots 2 and 3 the uses are limited to single family dwelling with a common driveway. WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Robert & Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, 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 : (1) Prior to issuance of final plat approval, the existing barn on proposed lot 2 shall be relocated into a conforming location, or demolished. (2) Fifteen (15) foot vegetated buffer area shall be established on lots 2 and 3 as follows : a. On lot 2 the buffer shall be established along the following metes and bounds : Along the northerly line of lot 2 , beginning at North 43 degrees 29 minutes 00 seconds east for 272 . 97 feet then along easterly line of lot 2 running north 40 degrees 01 minutes 00 seconds east, 126 . 72 as shown on the filed plat . b. On lot 3 , the vegetated buffer shall be established along the following metes and bounds : North 44 degrees 30 minutes west 84 feet; thence South 47 degrees 32 minutes 00 seconds West 285 . 61 feet; thence southeasterly 40 degrees 01 minutes 00 seconds East 112 . 71 feet to the lot line as shown on the filed plat. The 15 foot buffer shall remain undisturbed in perpetuity except for permitted activities . Permitted activities within the buffers are limited to the removal of weeds and invasive vines, removal of dead, diseased trees that are hazardous to life or property and may be supplemented with plantings of native and drought tolerant plants . (3) The declarant shall install on lot 1 a landscape buffer between the northern property and the common driveway along the following metes and bounds : North 43 degrees 29 minutes 00 seconds East for a distance of 193 . 28 feet . Within said buffer on lot 1, a six foot stockade fence shall be erected and maintained with a row of evergreen shrubs along the south of the fence to achieve additional screening. The declarant shall guarantee survival of the planted vegetation for a period of three (3) years from installation (4) Lots 2 and 3 shall be restricted to one single family dwelling per lot, and one accessory apartment per dwelling. To preserve the unique historic character and street scape of the Peconic Hamlet Center, vehicle parking on lot 1 which results from a multi-family dwelling (including accessory apartments) shall not be in front yard (Peconic Lane) . Commercial uses shall be designed to limit the view of the parking areas from Peconic Lane . This may be accomplished by siting the parking area on the north, east or west side of the existing structure . If the parking area remains in the front yard (south side) then the parking area will be screened with plantings to limit view of the parking area from Peconic Lane . (5) There shall be no changes to any lot lines without Planning Board approval . (6) Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code 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; (7) Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System; (8) Clearing limits for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code . Lot 2 is 29, 076 square feet, therefore clearing of Lot 2 is restricted to 60 °s of the total lot area. Lot 3 is 30, 956 square feet, therefore clearing of Lot 3 is restricted to 500 of the total lot area. All significant trees greater than 18" DBH shall be preserved and maintained as to not pose a hazard to life or property. (9) All utilities serving Lot 2 and Lot 3 shall be installed underground. (10) Lots 2 and 3 shall be accessed via a common driveway which restricts the use of the lots to residential . If the use of Lots 2 and 3 are changed from residential to commercial, the access to Lots 2 and 3 shall be improved to meet the minimum specifications of Highway Specification of the Town of Southold Town Code. (11) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . (12) 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 Planning Board granted by a majority vote plus one following a public hearing. (13) 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 9 0 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 . (14) 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 . (15) 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. (16) Declarant shall not apply and use synthetic pesticides and fertilizers capable of entering surface and potable water supply. (17) Declarant shall use pervious driveways to serve each lot . IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. 0 STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) On the _ day of before me, the undersigned, a notary public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument . Notary Public DRIVEWAY & MAINTENANCE AGREEMENT This Declaration ("Declaration") is made this day of , 2009, by ROBERT ADIPIETRO AND PATRICK ADIPIETRO, hereinafter collectively referred to as "Declarant'. WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 74 , Block 3 , Lot 16 ; and WHEREAS, Declarant has made an application to subdivide said real property into three (3) lots, as shown on the Subdivision map of Robert & Patrick Adipietro, prepared by Peconic Surveyors, P.C., last dated January 1, 2008; and WHEREAS, Declarant desires to provide for maintenance and management of the driveway which provides a common access of ingress and egress to lot 2 and lot 3; WHEREAS, Lot 2 and Lot 3 will be developed with a single family dwelling and one accessory apartment per dwelling NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: A. DRIVEWAY DESIGN AND CONSTRUCTION The subdivision common driveway shall be located as shown on the subdivision map and shall be of stone blend composition to a width of sixteen(]6)feet for a distance of approximately 256 feet from Peconic Lane. The subdivision driveway shall be constructed in accordance with Town of Southold specifications. Lot 2 and Lot 3 will each own 12.5 feet of the driveway, as shown on the map and lots 2 and 3 will have an equal right over said driveway. The common driveway will provide both a common access to the lots and contain the underground utilities for the subdivision. B. MAINTENANCE AND MANAGEMENT OF DRIVEWAY 1. The owners of Lot 2 and 3 hereby covenant and agree that the parties;-ids— successor or assigns in interest, shall share equally in the costs and expenses of maintaining the common driveway and use, manage, administer, maintain and operate the subdivision driveway in accordance with the provisions of this Declaration. All parties agree that they will contribute toward and cause to be performed year-round maintenance of the common driveway in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the driveway, including but not limited to, litter collection, snow removal and repair of the surface as necessary to keep the driveway in good and working order. b. The use of agents, subcontractors or employees to be reasonably necessary to carry out the responsibilities under this Declaration. 2. The owners shall maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. C. MANAGEMENT COSTS 3. The owner of Lot 2, in its sole discretion, is appointed as agent to contract and oversee the maintenance and repairs authorized by this agreement and shall: a. Prepare an annual budget for equal share of the costs of managing the driveway on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a "Reserve Fund" for extraordinary repair and replacement of the driveway. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual reserve Fund fee for each lot shall be computed for the amount necessary to replace the driveway over a fifteen (15) year period. c. In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve Fund, the owner of Lot 2, may recommend a special assessment Both lot owners shall be obligated to promptly pay the Amount of the Special assessment to the owner of Lot 2. d. The owners of Lot 2 and 3 may appoint another management agent. D. PERMITTED AND PROHIBITED USES 4. The driveway shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a.. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the driveway; (ii) minimize the disturbance of shrubbery or other vegetation along the driveway; and (iii) upon completion of repair or maintenance, restore the driveway substantially to the same condition as existed at the time of commencement of the work. b. The driveway shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Declarant. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the driveway may be made. e. No alteration or modification of the driveway, once constructed, will be permitted without prior written consent of Declarant and the Planning Board of the Town of Southold. f The driveway design anticipates limiting the uses to residential uses including, but not limited to single family dwelling, and apartments and other such residential uses which may be permitted under the ordinances of the Town of Southold E. TERMS OF PAYMENT a. All Maintenance Costs, Reserve Fund fees, and special assessments as detailed above shall be billed to the Lot Owners and shall be required to be paid within thirty (30) days after the date of the bill submitted by the owner of Lot 2. b. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by the owner of lot 2, then they shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. C. In the event any legal proceedings are necessary to enforce the terms and conditions of this Declaration, the Lot Owners shall indemnify and hold the owner of Lot 2 harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by the owner of Lot 2. 6. That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 7. 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. 8. The within Declaration 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. 9. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, 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 premises unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 10. If the parties or its successors or assigns fails to meet its obligations with regards to the terms of this driveway and Maintenance Agreement, the Declaration may be enforced by the Town of Southold. 11. All notices required under this Declaration shall be mailed to the Lot Owners' addresses or to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed Effective when mailed. 12. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Declarant: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of 2008, before me the undersigned, personally appeared, , personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Southold Town nino Board Work Session -Page Tvft 3/16/09 - - -- -- -1-000-- ----, Pro'ec� t name: Adi ietro, Robert_ TLCTM#:T 74-3-16 J' Location on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Description: Peconic Deson: Standard subdivision to subdivide a 2.038-acre parcel into thmei lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 _ _ _ equals 29,291 sy. ft., in the HB Zoning District_ Status: Conditional Sketch Approval Action: _ _ Review C & Rs & consider amendments _ _ Attachments: C & Rs, LWRP Consistency Review Report-_______________________ Project name_ : NICOIazq Domigic & Thomas SCTM#;- 1000-78-7-8 & 9 _ Location: 6125-Main Bayview Road, Southold Description: The proposed action is to transfer .84 acres from SCTM#1000-78-7-9 (Lot 2) to SCTM#1000-78-7-8 (Lot 1) for the purpose of establishing yield on Lot 1. Following the transfer, Lot 1 is proposed to equal 2.63 acres and Lot 2 is proposed toequal 3.91 acres in the R40 Zoning District. Status: Returned Action: Review zoning report and determine next step. Attachments: OFFICE LOCATION: ��OF Sol/ryO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 y Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) y Telephone: 631 765-1838 Southold, NY Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: 1a,- }- 5;dot, Chair Members of the Planning Board From: Mark Terry, Principal Planner LWRP Coordinator Y Date: March 5, 2009 Re: Standard Subdivision of Robert and Patrick Adipietro The property is located on the e/s/o Peconic Lane approximately 333 ft. s/o County Road SCTM#1000-74.-3-16 Zoning District: HB This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District within the Hamlet Center of Peconic. 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 Policies 1 and 3: 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 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. It is recommended that due to the location of the parcel within the Hamlet Center of Peconic that the Board require the following restrictions: 1. Require that all vehicle parking areas on Lot 1 be located within the side yard and/ or rear yard of the lot. Vehicle parking area(s) shall be screened with indigenous vegetation as to not be visible from Peconic Lane. 2. Require that all significant trees greater than 18" diameter breast height (DBH) be retained on-site. The proposed action is located within the Town of Southold Special Groundwater Protection Area and New York State Department of Environmental Conservation Critical Environmental Area, therefore, to further policies 5.1 and 5.5 below: 5.1. Prohibit director indirect discharges that would cause or contribute to contravention of water quality standards; and 5.5. Protect and conserve the quality and quantity of potable 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 further recommended that the Board require the following restrictions: 1. Prohibit the use of synthetic herbicides, pesticides and fertilizers on the Lots 1, 2 and 3. 2. Require that all parking areas and the common driveway be constructed of pervious materials. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: File LFLOW ERTY L04E ------ PLAN FOR THE ENTRANCE 2TC rem 25' RIGHT OF WAY TC STANDARD SUBDIVISON FOR THE PROPERTY OF m °?' • zR ROBERT & PATRICK ADIPIETRO o °ti a A T PECONIC 2 ti L� q e riar1000 7403 - l6 25' Right 01 bray SCALE/ lx = /0' o ° VEMENr FEB. 5, 2009 � FEB. 3, 2010 (revisions) � 84.50 EL 27.4 TC 7 O TC g P7J0 r Fl-Or rn a low rcow ct EL 28.8 _ FLor �P� �awPA►ppyr 2rC x cow —rRENCW� ri6RarE et 2e.3 0• /L[tiC. [e • 27.0 1E 3yy0��00 P9 CONCRC7E 26.6 f1 + \\ rV r/0•[-1 DRAINAGE CALCULATIONS 3 16' WIDE PAVEMENT - 5418 cu.It. 1 / K j L'/C. (V 9618 5418 x 0.6x 0.17 - 553 cuJI. 553/42.2 = 13 VF IPECONIC S& Yo fSf P !6311 765 - 5020 F � [ 3%1 7 5 - 1797 PROVIDE 2 L.P,s 8'0 x 7' liquid depth P. 0. BOX 909 1230 SOUTHOLDVENER s197Er 03-217 PROPERTY LAE PLAN FOR THE ENTRANCE TC 25' RIGHT OF WAY 27r 2a STANDARD SUBDIVISON 27.09 — FOR THE PROPERTY OF ROBERT & PATRICK ADIPIETRO ��2 A T PECONIC N EL 28.B ti ,ica : : q �� EL 24e riot /000 - 74 - 03 - 16 F)- Z 2Y > 25' Right O/ Way SCAL Es l" _ l0' v v•D r- ZSTONE PAVEMENT FEB. 5, 2009 C v Tref 2a3 L E M GRA EL EL 27.4 TC 27J0 g Tc o 27JO �t r ON 0000 T/r EL 28.53 FLOW f EL 28.8 FLOW EW?ft PA ppq GUTTER COMC 246 I" _ _.'® T/pGTE E1 24L7 4• r C SVEWALW� I LP, I CONG• J P9 CONCR TE CLWe SLIB wr s"6./OnO rws �A^ N.Y.S. LIC. NO. 49618 CONIC SLAWCYADRS, P.C. (631) 765 --5QZO FAX (631) 765 - 1797 P,; a. Box 90 1230 TRA SOUTHOLD, N.Y S197ET 03-217 @LASER FICHE FORM SUBDIVISIONS Proiect Type: Standard Status: Final Approval SCTM # : 1000 - 74.-3-16 Proiect Name: Adipietro, Robert Location: The property is located on the a/s/o Peconic Lane, approximately 333 ft s/o County Road 48 in Peconic, SCTM#1000-74-3-16. Hamlet: Peconic Applicant Name: Robert Adipietro Owner Name: Robert Adipietro Zone 1: HB Approval Date: 7/12/2010 PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's : Homeowners Association : R and M Agreement: Address: 2980 Peconic Lane, Peconic, NY County Filing Date: FJ CANNED G - 2010 rds Management SCAN Date: PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 January 29, 2009 Attn: Mark TerryF Southold Town Planning Board Main Road PO Box 1179 f 1 I Southold NY 11971 RE: SUBDIVISION ADIPIETRO PROPERTY: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 -•Wy-W A' '_' Dear Mark: With reference to the above, enclosed please find three (3) copies of the curb- cut plan per your request. Thank you. Veryjr urs, atricia C. Moore PCM/bp encls. is � ! DECLARATION AND COVENANT C_ C4 SOUTHOLD TOWN PLANNING BOARD N'� >� Add road and maintenance language for common driveway. THIS DECLARATION made the day of January, 2009 by ROBERT ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto; and WHEREAS, the property is zoned Hamlet Business which permits listed commercial uses on each lot, however, on Lots 2 and 3 the y icaaei ' t ^, the uses{ to residential. i e' ;aaj ^ but e arm: tteei , ., iei the erdinanees f h., mews e f Seu.n d; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Robert & Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, 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: (1) Prior to issuance of final plat approval, the existing barn on proposed lot 2 shall be relocated into a conforming location " 3 1 - ` �'-) (2 ) 4nei-2and Tet Teentai= -Fifteen (15) foot vegetated buffer areas shall be established on Lots 2 and 3 . On Lot 2 the buffer shall be established along the following metes and bounds : , 6N` v, o 1 . 1 \ )43029' 00"E for 272 . 97' 7S40 01100"E 126. 72' as shown on the filed plat . On lot 3 the vegetat�re buffer shall be established along the following metes and bounds : 1 . Running S40001' 00"E 112 . 71' ; S4f' 32' 00"W 285 . 61' ;N44 30' 00"W for 84 . 00' and S4`P 35' 00"W for 40 . 0' as shown on the filed plat . , as SheWR en the filed , -The 15 foot buffer shall remain Zwh eh will lee m nta Hed theirr naz�•�at-e undisturbed in perpetuity except for Permitted activities . Permitted activities within the buffers are limited to the removal of dead, diseased trees that are hazardous to life or property. The .. Ejetate ' b•iffer aiaeas may and--He supplementaled planting ,na enhtaned with of native p plants and d-�seasez�sistant-an6 drought tolerant plants . GA_ 7 (3) The declarant There shall install be a landscape buffer N between the northern property boundary and the common driveway along the following metes and bounds: -00, N43 29'00"E for a distance of 193.28'- Within said buffer, a six foot stockade fence shall be erected and maintained with a row of evergreen shrubs alonthe south of the fence to achieve additional screening. Th Grantor�ahall guarantee survival of the planted vegetation for a period of three (3) years from installation. (4) Lots 2 and 3 shall be limited- restricted to one single family dwelling per lot, eaeh iet w4th a max&mum _a and one accessory apartment per dwelling. Add - To preserve the unique historic character and streetscape of the Peconic Hamlet Center, vehicle parking on Lot 1 which ti results from a multi-family dwelling (including accessory apartments) or commercial use shall be designed as to not be visible from Peconic Lane. This shall be accomplished by sitingof the parking area and/or. vegetative screening. here s to any lot lines without Planning Board approval . (6) Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code 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; (7) Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System; (8 ) Clearing limits for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code. Lot 2 is 29, 076 square feet, therefore clearing of Lot 2 is restricted to 60 % of the total lot area M y be clear^ . Lot 3 is 30, 956 square feet, therefore clearing of Lot 3 is restricted to 50% of the total lot area . Add - All significant trees greater than 18" DBH shall be preserved and maintained as to not pose a hazard to life or property. (9) All utilities serving Lot 2 and Lot 3 shall be installed underground. (10) Lots 2 and" 3 shall be -accessed =yY "" !W05mmon driveway which restricts the use of the lots to residential . If the use of Lots 2 and 3 are changed from residential to commercial, the access to Lots 2 and" 3 shall be improved to 'meet the minimum specifications of Section of the Town of Southold Town Code. te S e�hela V (11) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . (12) 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 Planning Board granted by a majority vote plus one vete ef 4�he Planning be,v4� ,`�rfollowing a public hearing. J (13) 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 . (14 ) 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. (15) 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. STATE OF NEW YORK ) ss. : COUNTY OF SUFFOLK ) On the day of before me, the undersigned, a notary public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 01/21/2008 15:05 FAX 631 765 4643 MOORE LAW OFFICES Planning Board 11 002 � ((. � 5 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 January 21, 2009 Ms. Jerilyn Woodhouse, Chairwoman and ._ ---- Southold Town Planning Board - - 53095 Main Road' P.O.Box 1179 Southold,NY 11971 JAPJ 2 ? 2Jv9 By Fax Re: Robert Adipietro SCTM#1000-74-03-16 t _-- Peconic Lane, Peconic Dear Ms. Woodhouse and Board: I am in receipt of a letter to the Board from Harvey A. Amoff, attorney for Mr. And Mrs. Beninati. Contrary to Mr. AmofPs assertions,the Beninati's rights were not violated and they had ample opportunity to be heard at the December 8, 2008 public hearing. The legal notice requirements were met as is evidenced by their personal appearance at the public hearing. At the December 8th Planning Board meeting, both on the record and on the written agenda, the next regularly scheduled public meeting of the Planning Board was scheduled for January 12, 2009. It is my client's right to continue the public hearing at the next regularly scheduled public meeting. It would have been a violation of my client's rights to keep the hearing open"indefinitely". It was proper legal process and procedure to continue the public hearing at the next regularly scheduled public meeting,unless a different date was set at the December 8`h public hearing. The Beninati's office is next door to Town Hall, either a visit to the regularly scheduled Planning Board meeting at Town Hall or a telephone call to the Planning Office would have confirmed that Mr. Adipieto was scheduled for the January 12' "work session" and the public hearing was also continuing on January 12'h. There is no legal obligation to give notice of the continuation of the public hearing. I As a result of the comments made at the December public hearing, Mr. Adipietro and the Planning Board agreed that the two lots would be developed with only a single family dwelling with no more than one accessory apartment. This is a significant concession and reduction of the potential development of the property. In addition,the six foot fence will be continued along the common property line with a row of evergreens. Since the development of the two properties is no more than what is permissible in Residential Zoned parcels the common driveway is adequate and i 01/21/2009 15:06 FAX 631 765 4643 MOORE LAW OFFICES Planning Board IM003 the location of the common driveway is appropriate. The public hearing was closed and we await the resolution of the Board scheduled to be granted at the February 9th Planning Board regular monthly meeting. Very truZCMoore s, ricia cc: Harvey A. Arnoff,Esq by fax Southold Town Attorney by fax I I I 'I I �i • • µ�t r HARVEY A. ARNOFF �' Attorney At Law 206 Roanoke Avenue,Riverhead,NY 11901-2794 (631)727-3904 Harvey A.Arnoff Fax No.: (631)727-3940` Path K. Siepmann Not for service of legal papers Paralemal Of Counsel Colleen Grattan-Arnoff, R.N., LNC George F. Biondo Richard A. Hammer January 16, 2009 Southold Town Planning Road Main Road Southold, New York 11971 =- RE: Robert Adipietro - E/s/o Peconic La., Peconic JAN 2 0 2009 SCTM: 1000-74-3-16 Gentlemen` Please be advised that as you are aware, the undersigned represents the interest of Lee and Marie Beninati, neighbors of Robert Adipietro. I am quite concerned overthefact that itwas reported in the Suffolk Times of January 15, 2009, that the public hearing has finally closed. This was done without any notice whatsoever to my clients who have, in fact,appeared both directly and through my office. It is our position that they have not been given due process. Consequently, I would appreciate hearing from you and/or the Town Attorney to whom a copy of this letter Is being sent in regard to the denial of my client's rights to be heard on this controversial application. A copy of this letter is also being sent to Patricia C. Moore, Esq., in the event that she wishes to respond as well. Thank you for your anticipated cooperation. Very tr f Harvey A,iAr HAA:dr cc: Town Attorney of Town of Southold Patricia C. Moore, Esq. Mr. and Mrs. Lee Beninati • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF SOU P.O. Box 1179 JERILYN B.WOODHOUSE O�� ryOl Southold, NY 11971 Chair Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR co Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDI�MUM� Southold, NY 111, Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 13, 2009 Patricia Moore, Esq. 51020 Main Road Southold,NY 11971 Re: Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board agreed to the following at the January 12, 2009 work session: 1. Through a covenant and restriction,the applicant has agreed to limit the number of dwelling units on Lots 2 and 3 to one single family house per lot with a maximum of one accessory apartment per house, 2. The location of the common driveway, as proposed, is adequate. However,the pitch of the curb—cut is incorrect and shall be corrected to Town of Southold Town Code specifications. 3. A buffer between the northern property line; to the northern boundary (line) of the common driveway shall be established. Within this buffer, the applicant shall erect a six (6) foot stockade fence. South of the fence, a row of evergreen shrubs shall be planted to achieve additional screening. The applicant shall guarantee survival of the planted vegetation for a period of three (3) years. If you have any questions regarding the above, please contact this office. Sincerely, ark Tew; Principal Planner Cc: Planning Board Heather Lanza, Director of Planning Town of Southold PC/Codebookfor Windows 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. B. Nonresidential districts. In all nonresidential districts, there shall be a landscaped strip in the front yard area; in the Limited Business, General Business and Light Industrial Park/Planned Office Park and Light Industrial Districts, the strip shall be 25 feet, and in the Marine I and lI Districts, the landscaped strip shall be 15 feet deep along and contiguous to the front lot line of the property. There shall also be a landscaped area five feet wide abutting the front of the building in all nonresidential districts, including the Hamlet Business District. § 280-94 Transition buffer area. The purpose of the transition buffer area is to provide privacy from noise, headlight glare and visual intrusion to residential dwellings. A buffer area shall be required along all boundaries of a nonresidential lot abutting any lot in a residential district. Such buffer area shall comply with at least the following minimum standards: A. The buffer area shall be located within the boundaries of the subject property. B. The minimum width of buffer areas shall be as follows: (1) Hamlet Business District: 15 feet. (2) Marine I and R Districts: 20 feet. (3) Limited Business District: 20 feet. (4) General Business District: 25 feet. (5) Industrial districts: 30 feet. (6) Any district other than a residential district adjoining land owned or maintained by New York State, Suffolk County or Southold Town with current or potential use as parkland: 25 feet. C. The buffer area shall be of evergreen planting of such type,height, spacing and arrangement as, in the judgment of the Planning Board, will effectively screen the activity on the lot from the neighboring residential area. As a minimum,the planting shall consist of a double row of trees six feet in height planted at intervals of 10 feet on center. Nonevergreen planting may be included to supplement evergreen planting, but not to take its place. D. A landscaped earthen berm, wall or fence of a location,height, design and materials approved 3 Town of Southold PC/Codebook for Windows by the Planning Board may be accepted for any portion of the required planting and/or buffer area. E. Where the existing topography and/or landscaping provides adequate screening, the Planning Board may accept the existing planting and/or buffer area as the required planting. § 280-95 Landscaped parking area. In addition to the front landscaped area and buffer area requirements,parking areas shall comply with the following minimum standards: A. All uses required to provide 20 or more off-street parking spaces shall have at least 10 square feet of interior landscaping within the paved portion of the parking area for each parking space and at least one tree with a two-inch caliper for every 10 parking spaces or fraction thereof. Each separate landscaped area shall contain a minimum of 100 square feet, shall have a minimum dimension of at least eight feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-inch caliper. B. A landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access to a street or parking facility on an adjacent lot. Accessways to adjacent lots shall not exceed 24 feet in width and shall not exceed two in number for each purpose. The landscaped area shall have a minimum dimension of four feet, shall be planted with grass or shrubs and shall include at least one tree of not less than two-inch caliper for every 40 feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewalk, the required landscaped area shall be extended to the edge of the sidewalk. C. Trees used in parking lots shall include honey locust, pine, oak or other similar fast-growing, hardy varieties or existing trees where appropriately located. §280-96 Properties located adjacent to creeks. The rear yards of properties located adjacent to creeks shall include natural vegetation and/or shall contain suitable planted vegetation to a minimum of 20 feet inland from the mean high-water-line elevation or wetland boundary to prevent erosion of the shoreline. Vegetation within the buffer strip shall not be fertilized or chemically treated. 4 0 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, January 12, 2009 4:30 p.m. 4:30 p.m. Review Public Meeting Agenda 4:45 p.m. Site Plans & Subdivisions Subdivisions: Project name: T Onufrak, Peter& Gloria L SCTM#. 1 1000-1 4 5 1 Location: The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. --------------------. . .. .......-. -.-.-.-_--------------------------------- ------ ---- -- ._ Description: This proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.3366 acres and Lot 2 equals 5.7049 acres, ', inclusive of a 1.3365-acre building envelope and 4.3684 acres of subdivision Open Space that will be permanently preserved by a iCovenant & Restriction. Status: -Preliminary Approval --- - Action: Review SC Planning comments & Fire District response_ .....- - - Attachments: , 12/22/08 SC Planning letter, 12/12/08 Fire District letter - ...- ...- ....... . ----- -------------- ------- .. .. --------------------.-. .. . .. -- - Profect name Baxter, William J. Jr SCTM# 1000 102 5 9 4 -- - .- ....... ....... Location 260 Gaffing Avenue, Cutchogue 1 .-_ -_,_ -.-..-. -.-.- ------ _._-.. Description: Standard subdivision proposes to subdivide a 2.38 acre parcel into 3 lots where Lot 1 equals .624 acres, Lot 2 equals .629 acres, Lot 3 equals 621 acres and Lot 4 equals .515 acres. The parcel is located in the Hamlet Business Zoning District. ------------ --- --- -.-.- -- - Status: Open Action: Review request for application fee rollover. - Attachments - __ . -.- -.-. 12/29/08 letter from Abigail Wickham, Esq - —.. .. --------.-.-_ Project name: _ _ LAdipietro,-Robert SCTM#: ; 1000 74 3 16 Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in ! Peconic - - ---------..-+-- --.- ---- -------- ----- ------------------------------. . .. .. .._-._.- Description: Standard subdivision is to subdivide a 2.038-acre parcel into three lots, ! where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq ft., in the HB Zoning District. - -- Status: Conditional Sketch Approval -.-.-.- ----------- -- -.-.-.-. - ; Action: Discuss driveway, ......... ._ -- For Discussion: 1. Code Enforcement with the new Code Enforcement Officer PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 January,42009 Ms. Jerri Woodhouse, Chairwoman and Southold Town Planning Board 53095 Main Road' P.O.Box 1179 L!^,,,,^�i �� Southold,NY 11971 By Hand Re: Robert Adipietro SCTM#1000-74-03-16 i Peconic Lane, Peconic Dear Ms. Woodhouse and Board: In an effort to thoroughly address the comments made at the public hearing I have provided a written response: POINT I RETAIN RESIDENTIAL CHARACTER OF HISTORIC HOME The subject property contains a historic home which is known as The Case House c 1900.(Exhibit A) The author,Rosalind Case Newell wrote two books about her family and growing up on Peconic Lane. (See Exhibit B) Mr Adipietro wishes to preserve this Victorian home which he is currently renovating. The old photograph shows the carriage entrance which Mr. Adipietro wants to retain for the old house. The proposed subdivision preserves the land around the house and protects the 150 year old trees from destruction. As the common driveway of Lot 2 & Lot 3 is moved away from the property line the existing trees will be lost. Mr. Adipietro is willing to continue his six foot fence along the property line up to the road. Therefore, a permanent visual screen between the two residentially used properties is created. POINT II BUFFERS PURSUANT TO CHAPTER 280 ARE REQUIRED FOR SITE PLANS NOT SUBDIVISION The neighbor has alleged that a transition buffer is required. In this case the Planning board is charged with application of the subdivision regulations of Chapter 240. A "transition buffer" is applicable in Southold Town Code 280-94 where a parcel is being commercially developed and the Planning Board is reviewing a site plan. Residential uses are exempt from site plan review. This property is presently a residence. We are applying chapter 240(subdivision regulations). 280- 04 is not applicable in this subdivision application. The Beninati's at a public hearing before the Southold Town Zoning Board testified that the evergreen hedge on their property was an adequate buffer entitling them to be granted variances. (Exhibit C) It is well known that Towns and other municipal authorities have no inherent power to enact or enforce zoning or land use regulations. They exercise such authority solely by legislative grant and in the absence of legislative delegation or power their actions are ultra vires and void. (Kamhi v. Planning Board of the Town of Yorktown, 59 N.Y.2d 385 [1983]; Riegert Apartments Corp. v. Planning Board of the Town of Clarkstown, 57 N.Y.2d 206 [1982] ). In this case the Planning board was granted subdivision authorization under Chapter 240 and the map conforms to the subdivision regulations of chapter 240. POINT III FUTURE "TRANSITION BUFFER" APPLICABLE IN SITE PLAN REVIEW This subdivision has residences and requires no buffers. A buffer area shall be required along all boundaries of a nonresidential lot abutting any lot in a residential district. The proposed subdivision is designed with the shared residential driveway attached to lot 2 and lot 3. Both lots 2 and 3 will be restricted,by Covenant, to"residential uses". Lot 1,which contains a residence and is presently used as a residence will not be "abutting" the adjacent neighboring parcel. (See Exhibit D-maps of Lot 2 and Lot 3) Therefore there is no "nonresidential lot" which "abuts"the Beninati lot. The driveway which is partly part of lot 2 and lot 3 (flag lots) separates Lot 1. Moreover, the Beninati lot is not in a"residential district" because it is zoned RO which permits commercial uses. RO zoned properties have the right to be developed commercially. It is not a residential district. Parcels Zoned RO require site plan review and approval. The adjacent property owned by Beninati has the capacity to be developed for commercial uses. While my client's parcel is zoned HB it is in fact"used"as the owner's dwelling.The two properties are in equal footing each parcel may be developed commercially in the future, but are presently residential uses. In the event that either parcel is developed with a commercial use it must be reviewed through the site plan process. At that time, and only at that time, does Transition Buffer 280-90 apply. The Transition buffer for Lot 1 would be required on the south side of the common driveway. If the common driveway remains where it is proposed on the subdivision map there would be 30 feet of transition buffer between the residential driveway of Lot 2 & 3 and the house on Lot 1. If the driveway is relocated toward the Aditietro house the future "transition buffer"would be reduced. The driveway relocation will require cutting down of at least one 150 year old tree which is part of our buffer and place the driveway of Lot 2 and Lot 3 closer to this historic home. POINT III THE PROPOSED SUBDIVISION CONFORMS TO TOWN REQUIREMENTS The subdivision creates two new residential flag lots in HB zoning. (See Exhibit D) Minimum Lot size in HB is 20,000 square feet and we have proposed two flag lots which are each over 34,000 square feet. The Planning Board recommended that since the common driveway has been designed for residential use and not commercial use, the owner Covenant that the two lots be restricted to residential uses. We have voluntarily limited the use of the property to residential uses. HB permits 40%lot coverage, and extensive commercial uses,the proposed lots will be residential uses and the existing house on Lot I is about 2,000 square feet. In review of the subdivision regulations 240 we provided a map which conforms to all the applicable regulations and has been the subject of extensive and repeated review by the Board and the staff and cost to the applicant. Since the flag portions of the lots are "residential accesses driveways"there is no need for screening. However,Mr. Adipietro will continue the six foot fence along the property line to eliminate any view of the neighbor. The subdivision has been thoroughly reviewed , as is evident from the history below, and complies with the subdivision regulations: Pre-submission Review started in 2006 with Planning Staff before the map was completed Sketch Plan application was submitted on February 28, 2007. Sketch plan was approved on September 10,2007, SEQRA started August 13,2007 and a negative declaration was issued on October 15, 2007 Due to delays with Health Department review an extension of the conditional sketch plan approval was requested and extended to October 15, 2008 On February 8, 2008 the application for Preliminary Plat approval was submitted. On May 8, 2008 Draft Covenants & Restrictions, Draft Road & Maintenance Agreement and SCWA letter of water availability was submitted. The map was reviewed on July 7, 2008 and the Board requested limitation of the rear lots to residential uses. On July 10, 2008 the Draft Road& Maintenance agreement and Draft easement was re-submitted with language limiting use of road for residential purposes . Finally, on December 8, 2008 the Planning Board held the public hearing. Preliminary Map public hearing is open & approval pending. POINT IV THERE ARE NO VIOLATIONS My client currently lives on the subject property in a temporary trailer which has a permit. He suffered a fire to the house and the house is being renovated in accordance with a current building permit. An old barn is being demolished pursuant to a demolition permit. These open permits require construction vehicles,dumpster deliveries and material delivery and ultimate removal of his temporary trailer. In order to make a clean, safe, and dirt free entrance to the back of his property he constructed a curb cut on Peconic Lane. The location of this apron made sense where the shared driveway to the two proposed rear lots is proposed in order to limit access into the property and avoid unnecessary disturbance to a Town Road. Prior to construction of the apron he spoke to the highway superintendent Pete Harris on whether he needed a permit for this apron, he was told no permit was necessary. Pete Harris was familiar with the property since it is on the same road as Mr. Harris's office and the Highway barn on Peconic Lane. Mr.Adipietro also consulted with the Town Engineer on this apron and was given advice on how to construct it. His mason got it almost right, the sidewalk portion needs to be redone. Mr. Adipietro installed a solid 6 foot fence along the property line adjacent to the neighbor's pool because the neighbor complained about the activity on his property. He has lived in this home since 1976 . Beninati purchased their property in 2000 after the house had been renovated by the Dart family.From the time the Dart family purchased the house in 1976 they began renovating the house. After the house was renovated, as it is seen today, the Benenatis purchased the home. Old homes require constant work and the fact that Adipietro has open permits is irrelevant to the subdivision application. Adipietro's History on Peconic Lane: Contrary to the statements made by neighbors,Mr.Adipietro has lived in various homes on Peconic Lane since the 1970's,raised his two children on Peconic Lane,and has purchased other properties on Peconinc Lane which he has renovated and improved. He presently lives on the subject property. Mr. Adipietro cares about Peconic Lane. He has owned the following properties in the last thirty years and has been a major contributor to the renovation of properties on Peconic Lane(Exhibit E): Current property was purchased in 1976 and has been his home and his two children grew up on this property since 1976. 75 Peconic Lane-the shop, house and storage building was purchased in 1974 was renovated and sold to Czartosieski Inc in 1977. 2845 Peconic Lane-north of tracks-renovated building-purchased in 1974 and sold in 1979 to North Fork Realty 1985 Peconic Lane-House purchased and this was his home from 1971 and sold in 1973 to Mazzei Insults by the neighbors notwithstanding,the application is for a subdivision which complies with applicable codes and we ask that the subdivision be approved. We would support a condition that the applicant install a fence between the Beninati parcel and the common driveway(flag) . Vei urs, cia C. Moore e-Jv ' � o- �� •. t u x' gi f ' t r t t k t" � ..v M11�1du�{ 'ivalYh+sa .� 5 x . A f k - n � •�d g. a � 'f AW A SOUVENIR CALENDAR CONTAINING A COMPLETE LISTING OF SOUTHOLD EVENTS DURING THE TERCENTENARY YEAR SUFFO v y I� `C OUTHOLD* TOWNSHIP celebrates Suffolk County's Tercentenary 16" ... 1983 Ci N �.. M� SUFFOLK This serene hamlet was laid out and named in 1836 by Ira Tuthill, though a cottage had been occupied in the area during the 1700's. Soon a w shellfish industry flourished on the bay. Across long shucking tables the freshest oysters and scallops were prepared for New York markets dur- ing fall and winter. In spring the weakfish brought out crowds of sports fishermen. In 1899 the John P. Holland Torpedo Boat Company tested the first submarine commissioned by the United States Navy. The subs were built in , Elizabeth, New Jersey and sent to New Suffolk for fitting and trials. Several battle-scarred Spanish =TMr- American war ships were used for target practice. In 1905 the base was moved to Groton, Connecti- cut. The 19th Century Oyster House, which burned down in 1981. PECONIC t q One of the smallest of Southold's hamlets, Peconic is outstanding in its wealth of historic homes, somere-Revolutions p ry; its famous rnw.r�x6� citizens among whom was Henry Fitz whose work with telescopes and photography may be seen in a permanent exhibit at the Smithsonian Institution Z6 in Washington, D.C.: and in its rich farmland— . some recently planted to vineyards. ' Peconic was first known as West Southold. Later { I its name was changed to Hermitage, in memory of a colorful resident. Finally the name of Peconic was given this historically and naturally endowed area. The Lewis R. Case home, still standing on Peconic Avenue. Peconic author Rosalind Case Newell may be seen seated between her mother and grandfather in the buggy, in this 1895 photo. M NINETIES °5a1 iMd ZvAv. Newall d f is 2 ` 1 ted 4 Copyright, 1962 By Rosalind Case Newell Printed in the United States of America By The Long Island Traveler, Inc. Southold, Long Island, N. Y. { gym. 1. ✓ � #= L Y e` j- wx ke Vase Nause Aunt Ida once said in her old age, "If that old house could speak, what stories of good times it could tell." I had heard the admonition, Watch out what you say; walls have ears, you know," but I hadn't thought particularly about talking houses. The idea intrigued me and that's how I started to write what I could remember about houses and people I had known in my early life, and to collect pictures of places many of which have now been torn down. Who said "Today's Happenings are Tomorrow's His- tory? Its true. Many families could tell interesting stories of past generations, but unless someone keeps a diary they are apt to be lost and forgotten. We don't seem to keep up the tradition of Folk Lore, handed down by word of mouth. For instance, how many of us know the names and birth dates of our fore- bears whose pictures are in the old albums? Who was the old gent with the Dundreary whiskers? Who was the large, militant- appearing lady in the voluminous skirts, or the sweet-faced young girl with the long corkscrew curls? When the current fashion in men's whiskers started a few years ago, I collected for an exhibit pictures of the hirsute adornments at the Turn of the Century. How many names could we come up with? Very few. /�I jy sew N Ty in VA a N :7 L l'' ^^ ro 3 rl -a w W, l tr I Y ` 1 T-1 _ . 2 s (u . \ . � ^ l �: . � d. »�% � . . .. %e } At a r\ e w -12, »vim / \r&� = rQ | �Photo \/�\ Cord d : 9n2) @a, � 2RtR - | � j ! { -x l S x f f'• 6 p '- f17 x� ♦ A' I^ � E'"""'It' T 1 , --- ------- - THE LEwis R. CASE HOUSE, c. 1900.Remodeled in 1887, the house became the residence of the Case family after the Case ancestral home,the Old Place,had been let out to other farmers. A magnificent Victorian residence, it was home to several generations of the Case family.From t { left to right are Dr.Josiah Case,Lewis R.Case,Rosalind Case Newell,and Katherine Williams { { Case. Located on Peconic Lane north of the railroad, the house was one of the first in Peconic to have a bathroom (1887). _- , � G e � I rT' If X I THE WILLIAM JOOST HOUSE, ROSEMARY, C. 1910.This was one of the more unusual houses in Southold,with its pinnacle-roofed towers. It was the summer residence of William Joost and his wife. Prominent residents of Brooklyn, the Joosts first came to Southold when they p, purchased the S.B.Terry property in 1895. In 1899,they sold most of that property to the Bliss J' family,keeping a small portion with a cottage for themselves.The cottage was greatly enlarged and renovated in 1908, including the addition of two towers on the north side of the building. i Originally located on Maple Lane, the house was later moved by barge to a new location in Southold, where it remains today. i:. 64 } � i APPEALS BOARD MEMBERS pE SOMailing Address: pT James Dinizio.Jr.,Chairman �� H� Southold Town Hall l0 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer # Southold,NY 11971-0959 Ruth D.Oliva CC Office Location: Michael A.Simon O • �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman lf� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://souiholdtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 4 f 0.a�, Tel.(631)765-1809•Fax(631)765-9064 A - 42001 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2007 ZB File No. 6017 — Lee and Marie Beninati Property Location: 3070 Peconic Lane, Peconic CTM 74-3-15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' property contains 87,625 square foot parcel with 120 ft. frontage along the east side of Peconic Lane and 155.20 ft. frontage along C.R. 48 (North Road), in Peconic. The property is improved with a single-family dwelling and accessory swimming pool, as shown on survey prepared by John Metzger, Peconic Surveyors, P.C. dated 8/26/1999. BASIS OF APPLICATION: Request for Variances under Section 280-38C-1, based on the Building Inspectors Notice of Disapproval dated January 4, 2007, amended February 22, 2007 concerning the proposed construction of an accessory garage: (a) in a yard other than the required rear yard, (b) height exceeding the code limitation of 22 feet to the top of the ridge of 25'1" and (c) setback at less than 25 feet. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated March 14, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 29, 2007 and April 26, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: "age 2 r May 10,2007 �• ZB File No. 6017—Lee and Marie ina5 CTM No.74-3-15 AREA VARIANCE RELIEF REQUESTED: Variances are requested for: the proposed setback from the northerly property line, the height, and the percentage of dormers which will exceed the code limitation, related to applicants' proposed 26' x 41'6" accessory garage, as shown on the Site Plan (A01) and Garage and Elevation Plans (A02, A03) and storage loft plan, all dated 12/15/06, prepared by Stageberg Architecture. AMENDED VARIANCE REQUEST: During the March 29, 2007 hearing, the applicants submitted for consideration as an alternative, a different plan for a proposed 25' x 40' accessory garage, Behmn Design Plan #2152-1. Testimony and discussions were held, with concerns raised about the established trees and other particulars of the property. It was agreed to adjourn the hearing, at a Board member's request, to view the interior layout of the site and to view the neighboring properties and established screening areas as well. On April 10, 2007, the applicants submitted a revised set of drawings prepared April 9, 2007 by Mark K. Schwartz, A.I.A. for a proposed 28' x 40' garage, with drywell locations, floor plan layout, and the proposed height and dormer construction details. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants are requesting the construction of a two-story garage behind their dwelling, but in a nonconforming location on their property. However, with the advent of the new accessory building law, the code required distance for this 87,625 square foot parcel is a 25' minimum setback. The applicants wish to place this 28' x 40' garage five (5) feet from the northerly s property line. The applicants also request two other variances: (a) height of the building at 25'1", shown on three different drawings, exceeding the code required height limitation of 22 feet to the top of the ridge, and (b) for 57.2% of dormer additions, which percentage exceeds the code limitation of 40%. In reviewing the applicants' testimony during two Board hearings, several visits to the site and neighborhood, reviews of the written record concerning the placement of the building, viewing property lines and nearby structures and landscaping with 150 year old trees at the site, the Board agreed that the placement of an accessory building with its length parallel to the northerly property line (greater east/west length) will provide the applicant the benefit of not removing the 150 year old trees for the location requested. In addition, however, the majority of the Board Members found that the location and height would not be objectionable when reasonable conditions are applied, without extending the size with dormers as proposed in excess of the 40% code limitation. The alternative variance relief will not cause a detriment to the immediate neighborhood. Page 3—May 10,2007 •• ZB File No. 6017—Lee and Marie Inat! CTM No.74-3-15 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the avolicant to pursue, other than an area variance. The Board would not grant the placement of a garage of this size at 5 feet from any property line; however, the size of the proposed building is behind the applicants' dwelling and does blend architecturally to the character and size of the primary building (applicants' dwelling), and surrounding homes and accessory buildings in the neighborhood. 3. While the variances are substantial in relation to the code requirements, no plumbing is proposed and the building will be used for private storage and parking purposes related to J the owners' antique cars and other personal items. The building will also be screened from the neighbor's house and not easily visible from the frontage along County Road 48. 4. The difficulty has not been self-created. The difficulties are related to this parcel containing 87,625 square feet which fronts along two streets. It is also noted that the Town recently enacted new regulations pertaining to new accessory buildings, which permits dormer construction up to 40% with an increased height to 22 feet, based, however, on the , size of the property, but requires greater setback requirements than the former code p I provisions for an accessory building. V)a 5. After careful review of the record to include all the surrounding properties in the immediate neighborhood, the Board concludes that this garage building garage) conforms to the natural surroundings of this immediate neighborhood. It is also noted that the neighbor has evergreen hedge row over ten ft. in height. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to eniov the benefit of an accessory garage, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried, to DENY the variance concerning proposed dormers, which dormers must meet the code; and to GRANT variances as applied for concerning the setback and height, shown on the April 9, 2007 set of drawings prepared by Mark K. Schwartz, A.I.A., subject to the following conditions: 1. All water roof run off, must meet current code requirements to include maximum size roof gutters draining into leaders, to proper drainage containment (dry wells) as per code. Gage 4-May 10,2007 ZB File No. 6017—Lee and Madiab CTM No.74-3-15 2. The building shall contain only the utility of electricity, no plumbing, and shall be unheated (based on applicants' request in this application record). 3. The building can only be used for accessory storage as per code, and not rented for any other use by a separate party. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Goehringer, Simon, and Weisman. Nay: Member Dinizio. This Resolution was ly adopted M. i Jams inizio Jr., Chair an 5/�t /2007 Ap wed for Filing RECEIVED 17- io,434. .m . JUN - 4 2007 Sou .o oG�l� o mo ��/❑/E PUPECKI cnw �� mo 0 J/ �) ro � GAR. E:l l r "D / 1 N/❑/f WAXLER o C/) zq sI C� N�3°54'00"E EXISTING SEPTIC —\ 36 /9' CCD tu U 3-06' a E HEDGE PROPOSED 2 STORY X FEN 78 8�5 — .2 F'cco-o CD XPICK ki OE 'E b _� GQ G- 'fl ,i P S Y � NEW GARAGE k ---EXISTING PICKET FENCE I O EXISTING ORIVEWAY 00_ �-�' {� REMOVE EXISING - EXISTING GATE ON SELF CLOSING 111 SHED HINGES i0 POOL AREA EXISTING GATEWAY - ( �� U --- 77 ,-EXISTING Pool r -- x PA TI CD � I 2M'-o WIRE FENCE 2 STY. FR HSE �X. - NEW BRICK PAVING ,-POOL OOL Ilk —REMOVE EXISTING FENCE 1 __ .. EXISTIIJG BRICK PAVIJG NJ k E W OF EVEREGRFENS F EXISTING 19171^K PAVING C7 �-v Flo T; a ,I FE N�MK F E o GM 7 6 v q'rj4b E O 9.0, °' �'O0 � 0.9'S o 43t- I � � n i �J ,A DIPIE TRO ?4E»D COQ N/❑/EFF"�" _. _- --_...... TAGEBERG ARCHITECTURL,V nLD. ON NLJ —.— ITZT L[ SITE n'PIil PLAN LLC - .,�,�.. _r�r � �+rw„�..v. . I . ..ao nouE BENINATI GARAGE • ANY A(:T£RAT/ON OR ADDITION TO THVS SURVEY is A VIOLATION SCDHS Ref. SIO-07-0011 OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 - SL49DIWSION 2. ALL CERTIFICATIONS yI 7TH• HEREON ARE VALID FOR TINS MAP AND COPIES THEREOF ONLY IF WH OSE SIGMAP NATURECOP�APPEARS S BEAR HEREON RESSED SEAL OF THE SURVEYOR I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAM/LY„ RESIDENCES and will abide by the conditions set forth therein end on the ,5 permit to construct. / The locations of wells and cesspools shown hereon are from field observations \\ `� and or from dataobtained from others. SEWAGE DISPOSAL S-YSTEM V0� 7,01 t 4 BEDROOMS MAXNdUN , 1 1000 ggoo// PRECAST SEPTIC TANK I LEACHNG POOL 8'0 • 12 DEEPS DOME W/TH 3' SAND COLLAR (SR) - 2 �� 00. U SEfn" Z 3 2008 Tf/E CEARE SSPOOLS OLS ELLS WITHIN 150' OF 7flE / e Q . +1S o :. V0�`dp�Pa� l0� �r-A Q�° ✓ 00 SURVEY OF PROPERTY Q `ON Nw �,allo 1'�2 A T PECONIC M ��se 06 5 TOWN OF SOUTHOLD SUFFOLK COUNTY , N. Y. o \�9 1000-74-03-P/O 16 \Q \9 s?o. ``{ <�. SCALE :1r=-40' O� Off. F July 7, 2008 9/ 01 4' Ck 00 0 �pF NEyYY T� GF i LOT NUMBERS ARE� REFERENCED TO 'STANDARD SUBDIVISION F-p S S L! . NO. 49618 F002 moo- TOTAL AREA = 33 969 sq.ft / FOR PROPERTY OF ROBERT 8 PATRICK ADIPIETRO” ECONI o- 'l 9- << AREA OFLOT2/NR.O.;t. = 4893sq.ft.I (6311 76 - 11 765 - 1797 1230 BOX RNSTREET Z ELEVATIONS ARE REFERENCED To THE FIVE EASTERN O.3-ZI7 Z TOWNS TOPOGRAPHIC MAPS SOUTHOLD, N.Y. 1/97/ SCDHS Ref. # S! 7-001/ y0 os 32 Ao• 0- 0 rZ2 c � o � ' �' A1 � ' V0� \C� R .. .• c� a ' 6 ` �r 1 (�• � �•• Zoe �,� F,.�' , , .. � � �� Q00 0� �9s ,4r 4 SEP 2 3 2008 .. Mo. .✓2 c 2 Oy �" OQ' % ti< 01\ jP �30. s� v o SEWAGE DISPOSAL SYSTEM �\�r ��g$al ,�` �d .96' ./ �. _ O YJ�Oay� (� 4 BEDROOMS �, • fc �(� ! ` 11000 pp��L PRECAST SEPTIC TAMP + y1• ,yO�p prep dry 1 I LEAQFiAB POOL 8.0 + tr DEEP 6 p0 G . �p DME WITH 3• SAND CACLAR DO ..01 0�0 .r ^� ti �(11 THERE ARE NO WELL WITHN/50' Jnr o�•29 1 P \ Rh a �/a �. OF THE CESSPOOLS 5 �s \5 COV f_ �o� �'� g•29 �,0 �? S �P ��Z�� - 6 a ��6 /' o �'�� •3200 �Q o o. m ,a1 �z �0� � SURVEY OF PROPERTY 5 o a A T PECONIC 0� TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. LOT NUMBERS ARE REFERENCED TO 'STANDARD 1000 - 74 - O3 - PCO 1B SUBDIVISION FOR ROBERT 8 PATRICK ADIPlETRO" 0� $cafe.. 1rr= 40' I am famllior with the STANDARDS FOR APPROVAL JULY 8, 2008 �pCEOF NGpyyO AND CONSTRUCTION OF SUBSURFACE SEWAGE 5 T.M£T� DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and WIu abide by the conditions set forth Therein and on the P permit to constroct. S W . NO. 49618 qt f . TOTAL AREA =34,950 aANY ALTERATION OR AMMY To INS SLRVEY IS A MLA TM OI'SEC772V 7209 OF THE NEW YORK STATE EXCA770V LAW. PEC AREA OF LOT 3.11 R.O.W. =3434 8[1 ft. The locations o/ wells and cesspools EXCEPT AS PER SEC7701V 7209 - S/ARONSIOW 2 ALL CERTFICA WAS (631) - / 765 - 1797 other HEREON ARE VALD FAR TNS W AAV COPES 7N7REOF QA[Y F shown hereon are from /field ObSSAD MAP OR CONES BEAR THE MOWSSm SEAL OF TIE'SURVEYOR P. 0. 8 and or from data obtained from others. HEREONWHOSE MMTLR£APPEARS HEREOM /230 ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS SQUTNOL 5 / 03-21 7-3 TOPOGRAPMC MAPS -- G _ j y_ _ TOWN OF SOUTHOLD PROPERTY RECORD CARD )WNER STREET Z,? o VILLAGE DIST. SUB. LOT ✓�qj�_�j� �Yf C15 �� ! /!�.Il I l c°7f D LC sG La l� C � ..f C.--rwti��-- ✓ S� RMEIj 0NER a f1/CCIt }-ILC N E// A R. p Fm, ✓ ri,� t/clrlinq C� hC, W {!IcIZ Y'� C( TYPE OF BUILDING �',4ndo v d h @ Z. Jam' � L +h.c'kS •xfa�-�. ?"moi —� 'YY� _.m ;:, ✓.-.. :SIQ SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 80 70 ,3SQo 77 $aLe �Saa --nu4wZ;7.. -ra- 2. /�eliJ/2'Pr� .rf 3 o els k n 37 a.0 ryfG S/ TRdr+�r� -8628 � _ / �,/ - S /P�G�'iIo.e/,Pnd/.l�T- S, �NHalof Gf1` / 7 d'G / G ��S ��- � /j 2 o-Q o-ro . . e ..S 1t h Remo JYa I)40 P -2341 `. 8 -L 70 3a kerns -fo%/iQfn4 1K�- eod IF 9 - L ll O / - 4h5eni25oc� AGE BUILDING CONDITION l! L = 1 5 Gtr>�n 1I / to ��87 dC�i JEW NORMAL BELOW ABOVE C1�I,ofe�ru N/U ARM Acre Value Per Value Acre liable 1 //� FC/ , . 3 Go-c, f<,5 . liable 2 liable 3 oodland amplond FRONTAGE ON WATER ushland FRONTAGE ON ROAD ✓mays ' '7 P 75-- ✓ )use Plot j r 7.5,- DEPTH 70 , BULKHEAD tal j DOCK 1 � . fit\ 4 .h s• =� 1■■■■t■■ ■■11■■■■■■■■■■■■■■■■ r ., j ■■■■■I■■ ■■i■■■■■■■■■■■■■■■■■ 9 +`�� ■■■©■I■ ,'�■Iii■■■■■■■■■■■■■■■■ MEN IN Emil■■■■■■■mom■■■■■■ ONE■MEN 4■■I■Ao■■■■■■■■■■■■■■ mom WIN ■■■■■■■■■■■■ NNE■■■I■ ■■11Ii■M■■■■■■■■■■■■■ ■■■■■SI■' 111IMM4lilt3■■■■■■■■■■■■■■ ■■■■E ■■■rl■■mom■■■■■■■■■■ ■■■■NIINI■■P�'rRA MEN■■■■■■■■■■ ■■■■■l I■ ©■AVii■■■■■■■■■■■■■■ ■■■■■mmumns■■■■■■■■■■■■■■■■ • Y _ I MmBasementr •• ®® ®M Walls kr TOWN OF SOUTHOLD r . 1 ERTY RORD CARD `"` � y e STREET VILLAGE /✓DIST. ^ SUB. LOT ER OWNERS ;tarf"esh m4 ACR. ; 0 I-"L elf, S W TYPE OF B LDING it A d ��—' I-� o r .M+t RES. SEAS. VL. FARM 6m13. MI C. Mkt. Value e LAND IMP. TOTAL DATE REMAR Sj1ee `fl 00 l ©o GI Gc C &S�r D O Z ✓ ✓Tfz 07 / > d 41 . �*q CONtIZ>r ' 3�9a �A � IIS - X10 � 0 r; 1.n n — C-• - g5' o , NEW Pad L BELOV� zou / ABO E Z7 L 123 b 01— zarhS kr 4a Czart6 sie5k' FARM Acre Value , / 1 _ para -V "a i j%1r4 s s/x i 0(v 27 ?S C 2 Qr"Sh 45-1-/ /� 1't��'l l _ 5x4,5 - 5300 Poo y300 S/o o Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Piot DEPTH t BULKHEAD �stol * DOCK ! ' WOO �.• OEM M■■■■MEME■■■■■O■■■■ SOMEONE ERM■■EME■■■■■■■EM■■ ■■■ME■ EA■MEMEM■M■■■EMEN E■ - ■■■■■MI _WMENEM■■■MOMM■■M■■■ ■■■■■_ !■■■I■■M■■■■■■M■■■MM �_„ SSSS■ ■ OI■E�il■EE■SO■■■■■■■■ SEEMNEEMSEEMMEMSEM Basement Ext. Walls Interior Finish Dormer Driveway �,�i■■■■E�■■ SSSS �E■■E�■M■E■�■ME + ■■■■■■■�OE■SI SSSS■■■E■■■■I■M� - SSM■SS■ ■■■■I ■■■■■■■■■■■■I■■ - - - - SSSS■SOS■�'■S■■■ES■■�1■■OSM■ {' f Mal trail f + TOWN OF SOUTHOLD PROPERTY RECORD CARD - 8 OWNER STREET 2 4j 5 VILLAGE DIST SUB. LOT F MER OWNER'' N, F^ ACR. / /67[tQpµ � S W ® TYPE OF BUILDING oN RA/✓ , w'a l `� � Gig RES. SEAS, VL. FARM COMM. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS /.SAO O / 9 ✓ S z r� s _ �c w� oO UD .5'3,09 0 per/ d ,(—# 33 zC. Suco.' S L 3i 7 e6 `T'e AGE BUILDING CONDITION � �-f NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable I • Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD 3 CP— v House Plot DEPTH BULKHEAD Total DOCK ■■■■■■ E�f■■■ ■■■mm . .' ■■■■■■■ ■■■lI■■■■■■■■■■■■■■■ ■■■■■ ■■■li■■■■■■■■■■■■■■■� .■■■■■■ ■■■lI■■■■■■■■■■■■■■■ ■■■■■■ ■■■aI■■■■■■■■■■■■■■■■ f. ■■■■■■■ ■■■lI■■■■■■■■■■■■■■■■ ■■■■■■!m■■■sI■■■■■■■■■■■■■■■■ T ■■■■■■■i ■■HIINM■■■■■■■■■■■■■■ L- ■■■■■■wl mI` mnim■■■■■■■■■■■■■■m ■■■■■■wI■■■■■I■■■■■■■■■■■■■■E ■■■■■■MiM■■■KI■■■■■■■■■■■■■■■.. ■■■■■■■M s■■■i■■■■■■■■■■■■■■■� ■■■■■■■� ■■■R i■■■■■■■■■■■■■■■ Interior Finish .. �= • I//�, ,. '� �� i�' r" - µ . � ' .�; �:- ,I 1 �,� ��_ - ._ �. �� - _ 7j1—j-- TOWN OF SOUTHOLD PROPERTY RECORD CARD WN R ST STREET I VILLAGE Alit DIST. SUB. LOT "r, - U F RME OWNER 4, et N �J / � ACR . a be t a S s SEGTYPE OF BUILDING /yOV RES. „ �/ 0 SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS i s- 7 300 00 00 / c, o 4-/ d oZ( G3� GC .K 60 Cl a .2It, q2- Frn k 62 SCJ 17I�Il L IL/ MazZ f' n 170 �l �- - AGE BUILDING CONDITION., 1L 272 : Aga- Alazzei NEW NORMAL BELOW ABOVE - FARM Acre Value Per Value Acre Tillable 1 Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ys /o 7 a House Plot DEPTH BULKHEAD /Doo - 7q--5- 7_ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREE� �- VILLAGE DIST. SUB. LOT OS h ! R,5 �( �. � VIn rnf - kn - e !JY) ACR. / RE o6-L lz`��8 q - as asfi An asfusro c_, TYPE OF BLD. M a 2 zer rP.�iiirrs 1,PROP. CLASS ago LAND IMP. TOTAL DATE (� o FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL � - ■■■■■■■ ■■viii■■■■■■■■■■■■■ �� 1 R 5 1 'R IR� � yj �• .t , Y Town of Southold PC/Codebook for Windows D. Flag lots. The Planning Board may permit a limited number of flag lots in a residential subdivision plat, provided that they are well shaped, they are generally larger than usual lots, their accessway is essentially straight and not excessive in length and their arrangement will not create traffic difficulties on the street system and would not be a means to circumvent a standard lot and street arrangement which might otherwise result in a generally better platting of the subdivision and adjacent lands. (1) To assure that the flag lot is of adequate size and shape, a flag lot located within the residential zones shall contain at least the minimum lot area of the applicable zoning district in which it is situated, within the bulk of the lot, exclusive of the area contained in the flagpole access strip. (2) In allowing flag lot arrangements in subdivision, the Planning Board may require either a formal private lane or common access driveway to service such lots and may require that such lanes or common access driveways be made part of the improvements to be undertaken and made part of a performance bond. (3) The Planning Board may adopt further policies or regulations to assure compliance with these requirements, including design and legal specifications for the creation of lanes and common access driveways over such flag lot arrangements. 1 r Town of Southold PC/Codebookfor Windows B. Streets. Streets shall meet Town Highway Specifications. Where appropriate, the Planning Board shall work with the Highway Superintendent and Town Engineering Office to ensure that the Town of Southold's Highway Specifications do not impact or detract from the rural and environmental character of a standard, conservation or cluster subdivision. The Highway Superintendent and the Town Engineering Office may provide an interpretation of any part of the Highway Specifications and modify such requirements under § 161-47 of the Town Code. (1) The design of the street pattern shall be based upon consideration of factors such as topography, design of proximate streets, case of access to intermodal transportation hubs, access to existing sidewalks,trails, bicycle paths and public transit,traffic calming measures, and other traffic safety considerations. (2) The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas, or their proper extension where adjoining land is not subdivided, as may be deemed necessary for public requirements. (3) Public right-of-way street widths shall be measured at right angles or radial to the center line of the street and shall be 50 feet in width. Actual roadway widths shall be determined by Chapter 161, Highway Specifications. Roadways shall have a minimum of two lanes. (4) Whenever possible, streets should intersect at right angles, but in any event not at angles of less than 60°. (5) Cul-de-sac streets: (a) Unless there is the expectation of extending the street through to the adjoining property, a cul-de-sac street shall not be placed so that it ends on the property line of the subdivision. (b) A cul-de-sac should not exceed 800 in length, as measured from the center line of the street at the open end to the radius point of the turnaround. (c) All residential culs-de-sac shall have a turnaround at the end of the street which shall have a right-of-way radius of 50 feet. The curb at the turn shall have a minimum radius of 44 feet. (d) In a commercial or industrial subdivision, a cul-de-sac should be avoided whenever possible unless the right-of-way radius is designed at a minimum of 75 feet and the curb radius is designed at 65 feet. (6) If a dead-end street is of a temporary nature, a turnaround shall be provided and provision made for future extension of the street and the reversion of the excess 1 Town of Southold PC/Codebook for Windows right-of-way of such temporary turnaround to the adjoining properties. (7) Streets and rights-of-way less than the required minimum of 50 feet shall not be permitted, except that wherever a proposed subdivision borders an existing street or right-of-way less than the required minimum width, the Planning Board shall require that the other part of the street or right-of-way be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area. (8) Multiple intersections involving a junction of more than two streets shall be prohibited. (9) Arterial streets shall not intersect with local residential streets and residential collector streets less than 800 feet apart, measured from center line to center line. (10)To avoid confusion, no street shall have a name which will duplicate or nearly duplicate the names of existing streets within the Town. The continuation of an existing street shall have the same name. All proposed street names are subject to approval of the Town Engineering Office and/or the Highway Superintendent. (11)The minimum radius of horizontal curve, minimum length of vertical curves, and minimum length of tangents between reverse curves shall be in accordance with specifications established by the Town Highway Superintendent and/or Town Engineering Office, and shall be approved prior to final approval of the final plat by the Planning Board. (12)New streets shall be located to provide adequate sight distance on any adjacent public road in both directions from the interior road in accordance with the current edition of the American Association of State Highway and Transportation Officials (AASHTO). (13)New streets shall not be placed so as to intersect another street directly opposite an existing or proposed residence. (14)Any crossing of the Long Island Rail Road right-of-way within a subdivision will not be permitted. (15)Except in a conservation subdivision or open development area, subdivisions where more than 300 feet of land fronts on a public street shall provide access to proposed lots by way of a new street. Multiple building lots and fronting of more than two building lots on a existing street shall be prohibited. From an aesthetic and speed control perspective, curving roads are preferred in an informal rural cluster to avoid long straight segments. Shorter straight segments connected by ninety-degree and one-hundred-thirty-five-degree bends are preferred in a more formal or traditional 2 Town of Southold PC/Codehook for Windows arrangement. (16)Whenever appropriate, street systems should produce vistas of open space. (17)The use of reverse curves should be considered for local access streets in cluster development subdivisions in conjunction with long horizontal curve radii (at least 250 feet) and where traffic speeds will not exceed 30 miles per hour. C. Common driveways. (1) Common driveway access may be provided and shall be required where street safety and traffic management goals would be served. (2) The maximum number of lots using a proposed common driveway shall be two if the common driveway has one entrance on a public road. Each lot shall have their access on the common driveway,regardless of the potential for access onto an existing Town, county or state road. (3) The boundary of each lot served by a common driveway shall extend to the center line of the common driveway with the right-of-way for ingress and egress across the common driveway granted to each lot served by such common driveway. (4) In the case of a conservation subdivision, the Planning Board may, in its discretion, require professional engineer's drawings showing the exact location, dimensions and grade of the common driveway and specifications for its composition. The Planning Board may refer these drawings to the Town Engineering Office for review and comment. (5) The subdivision plat shall show the road clearly labeled as "common driveway." (6) The common driveway may not be offered for dedication to the Town of Southold. (7) The Planning Board shall require a recorded maintenance agreement executed by the applicant as a condition of subdivision approval. 3 0 Town of Southold PC/Codebookfor Windows § 161-47. Alterations or modifications to specifications. Whenever, in the opinion of the Superintendent of Highways, he finds that, for the best interest of the Town, alterations or modifications should be made to specifications, rules and regulations, such alterations or modifications may be made on the recommendation of the Superintendent of Highways to and with the approval of the Town Board. 1 Town of Southold PC/Codebookfor Windows § 240-40. Modification of design of improvements. If at any time before or during the construction of the required improvements,the Town Engineering Office, the Highway Superintendent and the Planning Board determine that unforeseen conditions make it necessary or preferable to modify the location or design of any required improvements, the Town Engineering Office may, upon approval of the Planning Board and with the concurrence of the Highway Superintendent, authorize such modifications, provided they are within the spirit and intent of the Planning Board's prior approval and do not extend any waiver or constitute a substantial alteration of the function of any improvements required by the Planning Board. The Town Engineering Office shall issue any authorization under this section in writing and shall transmit a copy of such authorization to the Planning Board prior to its next regular meeting. 1 Terry, Mark From: Lanza, Heather Sent: Thursday, July 03, 2008 4:30 PM To: Terry, Mark Subject: adipietro Mark, Pat wasn't in on Thursday, and 1 didn't get a chance to talk to her on Wednesday. I think the memo looks good. There is a minor point that I need to clear up with you. See the following: I couldn't find where it states that a common driveway can be 25' in any zoning district. Also,after reading that section in context with everything else in that section of the code, is it really intended that it can supersede actual road specifications? In other words, my reading of that section led me to believe that the reason it was created was to decrease the number of driveways entering onto a road, but not to allow narrower rights of way for individual lots. The whole purpose is to create one driveway where you'd have two and center it on the property line. Nothing in that section on common driveways leads me to believe it was put in there to allow applicants or the Planning Board to circumvent rights of way required widths. In fact, since the HB specification is 50', 1 would say the common driveway right of way has to be 50' there, since I found nothing in the code to say otherwise...I may be missing something. Let's discuss on Monday. Heather 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 7/7/2008 PUBLIC MEETING MINUTES Monday, December 8, 2008 6:00 p.m. Present were: Jerilyn Woodhouse, Chair George D. Solomon, Vice Chair Kenneth L. Edwards, Member Martin H. Sidor, Member Joseph L. Townsend, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Kristy Winser, Senior Planner Tamara Sadoo, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Welcome to the December 8`h meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, January 12, 2009 at 6:00 p.m. at the Southold Town Hall, as the time and place of the next regular Planning Board Meeting. Ken Edwards: So moved. j George Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. II Southold Town Planning Board Page Two December 8, 2008 Chairperson Woodhouse: Tonight we have two hearings scheduled. There will be an opportunity for the public to address the Board; I just would ask that when you want to talk, you come up to the podium where there is a piece of paper; if you would sign your names so we would be able to read it when we transcribe the records later on. I guess there is only one that we will use this evening. There will be plenty of opportunity for anybody who wants to address us to speak. PUBLIC HEARINGS Final Hearings: 6:00 I)-m. - Scott. John - This is a standard subdivision proposing 3 lots on a 6.5539 acre parcel, with a 3-lot yield in the R-80 Zone. Proposed Lot 1 would be 80,000 sq. ft. (this excludes 52 sq. ft. of wetlands); Proposed Lot 2 would be 80,010 sq. ft. (this excludes 26,235 sq. ft. of wetlands) and Proposed Lot 3 would be 82,932 sq. ft. (this excludes 16,314 sq. ft. of wetlands). The property is located on the a/s/o Wells Road and the s/s/o Main Road, e/o Peconic Lane in Peconic. SCTM#1000-75-6-3 Chairperson Woodhouse: Is there anyone who would like to address the Board on this application? Jeffrey Andrade: I have property on the Main Road. It's probably a stupid question, but I remember being here this summer, and I thought all this was approved. I'm just trying to figure out what's the process between now and then; has something been changed? 1 thought it was all good to go then? Chairperson Woodhouse: Well, there are just many different steps that have to go through until we get to a final hearing. Jeffrey Andrade: I thought that's what he called us for the last time. Chairperson Woodhouse: There was an environmental review, there was a preliminary hearing and this is the final Jeffrey Andrade: That's what I'm saying; it wasn't a real question; I was just curious j about the process. Thank you. I'm sorry. Chairperson Woodhouse: OK. Thank you. That's OK. Ms. Moore? Patricia Moore: Thank you. As actually he points out, this is our second public hearing; we had the preliminary public hearing which I don't believe there were any comments, or very minimal comments. We are here for the final public hearing, and the one Southold Town Planning Board Page Three December 8, 2008 comment I would make is that I would ask you, I understand that as of today you have a policy that you don't adopt the resolution on the night of the hearing, which ordinarily makes sense if you have comments. But for someone like John Scott, who this is his second public hearing with the final map and it's been thoroughly reviewed, it just delays the owner for another month when all of the processes have been completed on the final map should be technically with very little changes between the preliminary and the final. So, if it is at all possible to approve the map tonight that would be wonderful for Mr. Scott. I know he was very; we are all looking forward to having the final public hearing tonight so that we could get the maps signed as soon as we get them from Howie Young and we can file it and allow him to continue his life. Other than that there really are; this has been thoroughly reviewed and you've described the subdivision perfectly in your initial opening. If you have any questions, Mr. Scott and I are here. Chairperson Woodhouse: While you might not anticipate comments, I must say that there are many times when we get comments at the last minute. So we just need to be prepared and we will draft the resolution after the meeting. But we don't have a resolution right now. Patricia Moore: I understand that. I think it's helpful that if you have a draft resolution and you get no comments, at least you know what your bare bones approval can be. If obviously there are comments and they can't be incorporated on that night, then it's reasonable to accept a delay to be able to incorporate reviewed comments. But, as a matter of course, to delay it for a month would be a hardship for most clients. Chairperson Woodhouse: OK. We'll take that under consideration. Thank you very much. Is there anyone else who would like to comment on this application? Hearing none, I will entertain a motion to close this hearing. Joe Townsend: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Motion carried. Southold Town Planning Board Page Four December 8, 2008 Preliminary Hearings: 6:05 p.m. - Adipietro. Robert- This proposed standard subdivision is for a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. The property is located on the e/s/o Peconic Lane, approximately 333 ft. s/o County Road 48 in Peconic. SCTM#1000- 74-3-16 Chairperson Woodhouse: Is there someone here who would like to address the Board on this application. Patricia Moore: Yes, thank you. I have Mr. Adipietro here to answer questions. As you've pointed out, this is a three-lot subdivision. There is an existing house on Peconic Lane at present. It had experienced a fire and it's in the process of being renovated at this time. The lots are actually oversized under the Hamlet Business Zoning District. So, each of these three lots: the front lot that has the house is conforming to the 20,000 (sq. ft.) minimum size, but the back two parcels are oversized, they exceed the minimum requirements. Also for the record, and I am sure the people here would like to know this: the Board had asked that the part that the owner covenants that the back properties would be developed as a residential use rather than commercial use. Our access road is intended for residential purposes so that those uses in Hamlet Business and residential uses are the uses that are proposed for the back two parcels. Chairperson Woodhouse: Thank you. Would anybody else like to address the Board? Harvey Arnoff, Esq.: 206 Roanoke Avenue, Riverhead, NY. Good evening Ms. Woodhouse. I am appearing on behalf of the Beninati's who I think might want to make a few statements as well. Before I start, there were two neighbors who had sent us letters that we want to hand up. I won't take the time tonight to read them into the record; I think if I hand them up the Board can review them. I'm sure they will do that. Chairperson Woodhouse: OK. Thank you. Harvey Arnoff, Esq.: I kind of wrestled with what I wanted to say tonight, but I think I have to start by saying that I believe that Mr. Adipietro believes that laws are more applicable to be breached than to adherence. His creative either advertently or inadvertently a blight on the community of Peconic and I need to comment on that in detail. Two and a half years ago there was a fire. Since that time, Mr. Adipietro has done virtually nothing to repair that house. He has created what to any passerby appears to be a junkyard. There are several photographs which my clients provided me with, which, if they don't say junkyard, they certainly shout of something else. Now I'm going to hand them up to the Board. And perhaps maybe a junkyard isn't appropriate, perhaps landfill adjunct to the Southold Town Landfill would be appropriate. Southold Town Planning Board Page Five December 8, 2008 In the series of photographs, I don't know how much the Board is familiar with the property, but they're very graphic. Now the Beninati's live immediately next door to the property, to the north. Now, I said to you that 2-1/2 years ago there was a fire. Now we have secured from the Fire Department a statement in regard to that fire from the Southold Fire Department. And I think it's interesting to note, and I'm going to hand this up as well to the Board. Mr. Adipietro, according to the Fire Department, was running a six-unit residential structure. Six apartments! I don't think that property was approved by anybody for six units. I don't think it's approved for more than one. But clearly, if he thinks he can run a multiple dwelling, then he needs 40,000 sq. ft. He doesn't need 20,000 sq. ft. And he's totally ignored the law up to this point, so why isn't he going to ignore it after it; nobody's done anything about it. In furtherance of this disregard, and without any approval from anybody, and we all know he put a curb cut in. I have searched records, I don't see any approval from this Board or anybody else; he just willy nilly put it in. And he's gonna probably say: 'I did it, so just let it sit there'. I submit if you look at the curb cut, it doesn't provide room for adequate screening along the side in accordance with our Town Code. And yet, nobody really inquired as to the access that exists on the south. Now I recognize the driveway can only serve two lots under our code. But roads can serve more than one. So why do we have two modes of access to Peconic Lane when one would have sufficed? It might have cost him a little more money to put one road in that would have served his house as well as the two lots in the back. But no, he just went ahead and put it in. And he says: 'Here I am, approve it'. I don't think that's the way our laws are designed to be followed. Now, when you look at what he has done with the two lots, it's interesting also to note that the survey you have is not accurate. The survey that you have in front of you shows the existing driveway ending, I believe if you look at it, at the front part of the house. If you have a photograph in your files, (by the way, while we are on photographs, and we are going to continue with them for a little bit longer, this will give you an idea of the visual aspect of (inaudible). Similarly, I will show you some photographs of where the driveway actually ends. And I can assure you it doesn't end at the front of the house. Here are three more photographs to show you of the driveway. The photograph which I believe is in your file and if you don't have it, I have a copy of it for you, shows this driveway continues to the rear of the house. Take a look at your survey. It shows the driveway in the front of the house. I can't explain it. But somebody should. Mr. Adipietro additionally, in addition to all the other things that he has done, has chosen to live, we all know he had a fire, it's a tragedy. They put a mobile home on his property for a year, two years. Now he's living in a camper on the property. A camper that has above ground wells, above ground sewage, above ground water. Is this what Southold has become? Two and a half years later are we to permit this and just ignore it in the course of this application? I've got photographs to show you the lines going to this travel trailer. Additionally, there is something in the application that says there's this beautiful barn that we are going to relocate. Well, when Mr. Adipietro started that, this was a two-story barn. Guess what? It's no longer a two-story barn. God or somebody Southold Town Planning Board Page Six December 8, 2008 else intervened. It is now a one-story barn, because it's kind of been lowered by the force of gravity and rot. So this is what essentially the Beninati's are looking at next door. And Mr. Adipietro says: 'Give me three lots' and what am I going to do, work a miracle here? It's going to create the same problem but three of them instead of one. Now, additionally, I don't think there is anything in, I don't see anything in the file about lot coverage on Lot#1. So I am not sure how much lot coverage there is for the house in relationship to the size of the lot. So that's another thing which the Board has to consider in this application. Now, if the driveway were permitted to be put on the south side of the property where it probably belongs, means of ingress and egress would be from one spot on Peconic Lane, not creating additional traffic problems of now three driveways in a row, much like row houses with individual driveways. If that's what you want to create, I don't think that's what our Code was intended to create. No one has looked at the drainage issues and I submit to you that the way the curb cut was installed, without anybody's approval again, is creating drainage problems for the Beninati's as well as on the street. If you were to leave the driveway where it is, there is no effective way of Mr. Adipietro creating a buffer. Much is made on the survey and I believe somewhere else in the application, about a hedge. The hedge is the Beninati's hedge. The Code requires the applicant to create the buffer, not the next door neighbor. All in all I think the Board has to take another hard look at this application. I don't know how this Board can rest knowing that Mr. Adipietro ran this multiple dwelling and is literally running a landfill. I take it back, it's not a junkyard, it's a landfill. And now comes and says 'give me a three lot subdivision.' I submit that this Board take a deep hard look at this and consider it and perhaps put some very stringent rules and regulations that he has to comply with in order to even consider his application. I believe that Mr. & Mrs. Beninati may want to address you as well. Thank you. Chairperson Woodhouse: Thank you. Is there someone else who.... Pat Moore: Why don't you give me a chance to respond before I forget half the things that he said, and then Chairperson Woodhouse: Certainly, you can make your comments. Pat Moore: To begin with, Mr. Adipietro, this is his home. He is doing the work himself. He is his own QC, and he is not a millionaire. It is obvious from this property that he doesn't have a million dollars to work with to instantaneously create a beautiful home or reconstruct this home. So he has been doing it on his own and with his own labor, materials, and at the (inaudible). The Planning Board did take a great deal of time to get to this point in designing a subdivision that conforms to our Code. And the fact that the hedge, according to the surveyor, the hedge must be partly on our property as well because otherwise he wouldn't show it. Harvey Arnoff: Take another look at this. Southold Town Planning Board Page Seven December 8, 2008 Pat Moore: Well, the surveyor shows a hedge. There is no obligation on a residential subdivision to screen another resident. If they do not want to see this property, then by all means it doesn't make sense to take down this hedge. But otherwise, they are homes and residences and it is screened, and it will continue to be screened. He can certainly make an effort to provide for additional dumpsters and so on, but every point that was made here are Building Department issues, not Planning Board issues. Certainly this is an opportunity for all grievances to be aired. In fact, we have to look at the jurisdiction of the Planning Board to see if this is an appropriate subdivision, and we think that we have reached a point where it is an appropriate subdivision. Again, this subdivision conforms to the Code and exceeds the limitations of the Code. Originally we talked about (and you know from our work sessions) what we are going to do with this barn. And it would be very nice to have been able to pick it up and relocate it but it is structurally not in any condition to pick it up and relocate it. In addition, it was partly in the way of the access and it did not make sense, other than to take it apart. This barn has a significant amount of material, wood, barn wood. It is being taken apart and it is being stored for reuse. It has value and the hope is that any one of these houses that– and Mr. Adipietro wants to have the lots I think in the back for his kids—hopefully this barn can be reclaimed and reused as part of the homes that are going to be built in the back. So, again, it is something, material that is reusable. Most of us, if you think back in the olden days when we didn't have instant gratification and we had to reuse materials, we looked at the materials we had and we reused them to the extent that you can. And that is precisely what he is doing. I think I have addressed the comments. As far as drainage, there has been, I believe the Town Engineer looked at the drainage, because again it's a residential development. We have looked at the drainage and it's being considered. Each home here has to provide its own drainage as well. It is not, it's going to be a lesser road that only serves the two lots, and therefore the road specs are certainly minimized and various drainage that each of the homes has to provide on- site. So, really, there are no drainage issues that are relevant here. If you feel that there is additional drainage, we will certainly look at it. But that's not an issue here, there's no problem, there's no evidence of a problem on drainage. If the complaint is that he doesn't see something that Mr. Arnoff feels that he should see in the file. I'll wait for any additional comments. Lee Beninati: 3070 Peconic Lane, Peconic. I'd like to ask Mrs. Moore if she ever at least once visited the property we are talking about. Pat Moore: Oh yes, I have been there. Lee Beninati: OK. About 6-7 years ago, Mr. Adipietro came to me and said give me money because he had to do some sort of surgery. I asked if he was thinking about selling the barn, because we need a barn. He says 'you know what, I'm gonna go for surgery in my eye and need money, yes, I'll sell it to you.' So we worked out a price. Southold Town Planning Board Page Eight December 8, 2008 1 walked the property with a gentleman who was going to move the barn. Mr. Adipietro says 'what are you doing hereT I said well, we came here to look at the barn. He says: 'No I don't want to sell it, I'm fixing it.' Now, Mrs. Moore just said that they are going to use the wood to, reuse. Well, I have bad news. There is nothing to be saved in the barn. It has a metal roof, and everything is rotten. There's a foundation filled with so much garbage you have no idea. I walk in my back yard and I see rats this big. They chase my dog. If you know my house and you see the kind of house I have, the way I like to live, next door it shows. In Rockville Center we have plaques, knights of town (?) acclaiming us for the work we do for the house and beautify the environment. Well, I live next to a junkyard. Mrs. Moore said something about and I agree with her. Nobody should have . We never had In this house here, I need a wall like the Berlin Wall. Because it's disgusting; it's totally atrocious. From my bedrooms upstairs, I see nothing but mud, cars, tires, toilet bowls, nothing but a junkyard. And now we are going to have three more; we're gonna have 3 junkyards. I'm a good neighbor. I never ever argue with neighbors. But this is not a neighborhood. It's the pits. People walk and everybody says to me 'what's this, a junkyard?' 'No they had a fire.' Didn't you say they had a fire two years ago? 'Yeah.' Why don't they fix it? I don't know for sure, I heard that Mr. Adipietro got money from insurance. So the fact that Mrs. Moore says he has no money to fix the house, I'm pretty sure... Pat Moore: I said he's building it himself. Just one point I'd like to make as far as the construction: understand that when you have a fire, because I know I had to work with him right from the beginning, it takes a very long time. You first have to get Health Department approval; now because of the fire, the Health Dept. permit (?) that you have is not grandfathered; you have to go back into the Health Dept. and get a permit for reconstruction. You need to reconstruct the house after a fire. The Health Dept. takes the opportunity to bring sanitary into compliance. We also have to get surveys and an architect to draw up the plans. They (Beninati's) have a beautiful house, don't get me wrong, we all appreciate they have wonderful taste and they have a beautiful home, and I am mindful of the wait that you've had in getting this project, giving them the time to reconstruct. But understand that they are to get the insurance payments in order to do reconstruction. So, again, because of his financial condition, he doesn't have a private banker that he has to rely. I don't want to say he's poor; he's land rich, I guess. And he is able to get the money and build. But it has to be done in a more reasonable time frame, not in an instantaneous time frame. Chairperson Woodhouse: I think, Ms. Beninati, that you would like to address the Board and there are some questions that I think the Board members have also. So if you'd like to come up, please. Marie Beninati: 3070 Peconic Lane. I am a neighbor of the applicant. I compliment you, Ms. Moore, in defending your client. But I don't think you can have your cake and Southold Town Planning Board Page Nine December 8, 2008 eat it, too. We are talking about, you talked about residential subdivision and yet this is Hamlet Business. Hamlet Business has different rules. Hamlet Business does require a buffer zone. So, are we talking Hamlet Business or are we talking a residential subdivision? Also, with one drive, and that's the way his property was, he would be entitled to one lot, not two. The second drive was put there so that he could get approval. And the way it's presented in the survey as Mr. Arnoff said, and you didn't address that, Ms. Moore, is that that drive is the original drive which is in your files by the way as an aerial that shows where the original drive is, and it doesn't show the second new drive. That drive is illegal. According to your rules, you're not supposed to start working on the project until it gets approved. There should be a fine, there should be other things. There are stanchions now that are practically on our property line. So, no buffer, and stanchions on the property line. In addition, I mean one of the issues that you guys have to consider is how does it affect the neighborhood. Well you see in the letters from the other neighbors, it's not just us who have the issue; there are neighbors that are looking directly at the house. I am sorry that Mr. Adipietro can't do a quick renovation/restoration you know whatever you want to call it, but I don't think that 20 ladders need to be posted up against the house for two years. And that's exactly what it is. I don't think that all the garbage that's in the back needs to stay there for two years. 1 don't know what that costs, but it's got to be less than $1,000. He certainly could be a good citizen and take care of things like that. So, I think to the point that, if he's doing it this way now, what's it going to be like later, when you give him the subdivision? I also notice you keep saying 'residential,' but at the same time we see that it says 'multiple units/multiple dwelling, apartments.' So now we are going to have three lots with multiple dwellings and apartments on them. I don't understand this. I thought that there was a limit as to how much you could do, but there doesn't seem to be a limit. My understanding, and I'm not really that expert in the Code, is that based upon the amount of land he has, he should only have four units. I think four for two acres. And yet, in the Fire Department report it said he had six units, or six individual apartments. So he was already doing something that was not allowed under any circumstances, and he certainly didn't file a site plan or request to turn a single family house into six multiple units. So that's what exists. So how could you allow, if he already has six, and he should only have four, how could you allow him two more? That part I don't understand. Chairperson Woodhouse: First of all, we do not recognize six units in that building. Marie Beninati: Well, I don't know; how could you not recognize it if the Fire Department said that's what was there? And his application says one family, initially one family. It was a multiple dwelling unit. We witnessed people going in and out. We know people who lived there; there are people in the Town who lived there: multiple dwelling. Whether or not he did it, so what you're saying is, because he did it illegally it's not recognized, so it doesn't count. The fact of the matter is he didn't say Southold Town Planning Board Page Ten December 8, 2008 Chairperson Woodhouse: What I'm saying is that because it operated a certain way doesn't automatically give that building the status of a six-unit building. It still retains its original status. Marie Beninati: I understand that. But what I'm saying is that it operated as a multiple dwelling. Mark Terry: The purpose of this hearing is for the subdivision of land under Chapter 240 of the Town Code. These particular issues that you are speaking about are Code Enforcement issues. Right now, subdividing this property, there are numerous permitted issues, some more intense than others, and many of them business-related. What the applicant has done has covenanted to residential use, which is a less intense use than many different uses that could be applied to that particular property. However, think what the Chair was trying to say was not that she didn't recognize or believe that there were six units; it's that before this Board, we are charged in subdividing parcels, not particularly entertaining what uses are on those parcels, because there is a whole list of permitted uses once a subdivision is created. We will try to design the infrastructure and access to comp those uses pursuant to the Town Code. But that's where we are at. Marie Beninati: Now Mark, I talked to you about the application and the application says initially one family. And yet it was multiple families. So therefore, the subdivision and how it could be subdivided would actually be different if the application were correct; and properly represented what was there and how the property was being used. i Mark Terry: So the application proposed for all those parcels you're saying... Marie Beninati: If you look, it says: number and type of housing units and it says initially one family. That was not a one-family home. Joe Townsend: It is a one-family home. It may not be used that way, but it is a one- family. I wanted to ask a couple of questions at some point, not related necessarily to what you are saying. I certainly understand where neighbors confronting a situation like this are coming from, and I understand why you would be upset. That situation, as Mark pointed out, really should have been addressed by the Code Enforcement Officer some time ago. Marie Beninati: We did address. We're not talking about the issues, we're talking about the fact that this subdivision, because he put in an illegal driveway, is now allowing him to have an extra lot that he wouldn't have otherwise. So how do you look at this if you don't look at the multiple unit, you're not looking at the illegal driveway, and you're turning your back on what's actually there. There are two driveways there. Southold Town Planning Board Page Eleven December 8, 2008 Joe Townsend: The conditions at the site may or may not have some influence on this application. But what we recognize as a Planning Board is what is allowed. And if he put something in there that's not allowed, then it doesn't relate to this application; it may relate to other legal action that you might take, but it doesn't relate to this application. I want to ask a couple of questions when you're finished that relate to the application as I see it. Marie Beninati: The other issue is that, and you need to consider, I know, how it affects the neighbors and how it affects the neighborhood. By putting a driveway up along our property with no buffer, there will be four, six, who knows how many cars will go up and down the drive along our property line: something that we have not experienced, something that we wouldn't experience if that illegal driveway were not there. The driveway was on the other side of the property and was and is being used that way. So in terms of our quality of life and our enjoyment of our property, this is going to have a major negative impact on us and our property. Also, we have historic home. I think that needs to be looked at and so does Mr. Adipietro have a home that could be historic if it were properly restored. How does putting a driveway along his house, how does adding a flag lot behind the property affect the historic home? I don't know. How do cars going up and down and exhaust fumes and everything else affect our 1860 home? Those are things that I don't see considered in the file that I saw. And certainly important to us, important to everyone is the value. This will definitely: the condition of the house has and will negatively impact the value of our property. There is no question of that; we've already had people comment on the value. You have letters from two other neighbors. And basically Peconic Lane was kind of sleepy and forgotten and a number of people are taking pride now in their property and trying to change the nature of Peconic Lane. By allowing this subdivision, you are going to have a negative impact on that. I really think that you are changing what is a beautiful little hamlet street and Jeri, you have a store right across from house, so you know what I'm talking about, you must see it every day when you go to your store. It's definitely not having and will not have, it'll have even more negative affect on our property. The drainage is an issue despite what Ms. Moore says. If you come to our house any day of the week you'll see a puddle of water at our drive that comes from his drive and also goes to the neighbor across the street, so there is an issue. That driveway was not put in properly and as I said it's not legal as far as I know, having a second driveway as part of the project where he started to do the work before he was actually approved the project. I think that's it. Thank you. Harvey Arnoff: Mrs. Woodhouse, if I may, I have one comment which I think I'd like to make, and that is that perhaps the Board should take a hard look at this application. Not that they won't anyway, I'm not implying that you would not. And perhaps consider this as a two-lot subdivision with the driveway on the south side of the property. There is no absolute right, that they have the right to put another road or another driveway on the Southold Town Planning Board Page Twelve December 8, 2008 northern part of their property in order to enable them to get maximum yield; the Board doesn't always have to accommodate maximum yield. And perhaps it might be in everyone's best interest and in the interest of the community, the Hamlet of Peconic, to instead of making a three-lot subdivision here you do a two-lot and give him a large lot in the back and take care of this project in that manner and that way the existing driveway, well the previously existing driveway, there are two, there is one that was just added that I don't know if you want to call it legal or illegal, I think technically you can pave your whole property if you want to, but the existing part of the driveway could be expanded up to the rear lot and it's not going to have any impact on anybody. So that's another way of looking at it, and perhaps the Board might want to look at it in that fashion. It might not be as economically viable for Mr. Adipietro, he might not make as much money off of this project, but that isn't always the determining factor. I have to take issue with something. Ms. Moore said Mr. Adipietro is not a millionaire. Mr. Adipietro can afford taking things to the landfill. He is certainly not going to recycle the couches, the toilet bowls and all the other garbage that you see in those photographs. It is no home. If he is, I don't know if anyone remembers the old Colliers; they were a very famous family that collected stuff in their home and they couldn't move. Chairperson Woodhouse: I think just keep your comments to the application. Harvey Arno ff: I think just commenting on what Ms. Moore said, I couldn't resist rising to that. But based on that, I think the Board certainly has sufficient latitude to do the right thing. Chairperson Woodhouse: I think the Board has some questions. Could we just... Pat Moore: Sure, go ahead. Joe Townsend: This doesn't relate to you. I mean it relates to you, but the question is not directed to you. There was some comment about the survey, and do you have reason to believe that the survey that we looked at is incorrect? I'd like to have a copy of your surrey that shows. Pat Moore: (inaudible) Joe Townsend: We'll be able to...That'll all be public record, you have access to it. Pat Moore: (inaudible) Chairperson Woodhouse: If you want to speak, you need to come up and identify yourself. Southold Town Planning Board Page Thirteen December 8, 2008 Joe Townsend: Let me finish and then maybe you can address everything. You said lot coverage of Lot#1 is going to be greater than has been indicated in.....? Harvey Arnoff: I don't know; I can't; there no way, there's no calculations done for anyone to intelligently make a....... I don't know. Joe Townsend: Let us know what you think the lot coverage would be based on the 20,000 sq. ft. that we had set aside in the plan. Lastly, I'd like to make a comment: a lot of you talked about buffering and you're right, the Planning Board has the option of requiring buffers on commercial properties that we don't normally require on residential properties. Given the fact it was a residential property and covenanted as such in perpetuity, we had thought that the buffer that we would normally require was a Hamlet Business type of retail business, would not be as necessary. But we can revisit that, given your concerns. We can look at that and see if that's — in my opinion, I'm speaking just for myself—we can look at that given the testimony and the way the configuration, especially if the survey is wrong. Harvey Arnoff: Joe, if I can: the survey that's outside on the wall, and the survey that I have here is exact, this is just a portion of it. And if you just take a look at the survey that the Board has in front of it, you'll see it says gravel driveway, and it ends literally at the front corner of the house on Peconic Lane. If you take a look at those photographs, it doesn't take a rocket scientist, and that's not being sarcastic, to see the driveway is going all the way to the rear. I can't explain why, I'm not sure who did the survey and when it was done, I don't have that. But the driveway extends all the way to the rear. Take a look at the front of this. So I mean I don't know how to answer your question: what am I looking at? I'm looking at their application, their survey and the demarcation on it which clearly shows driveway and then it says gravel drive (inaudible). But parallel line to Peconic Lane and it's parallel to the front of the house. Mark Terry: Do you know the timing of that driveway? Pat Moore: That driveway, gravel driveway was there in '04P05 when it was originally surveyed. Since then, because it's under construction, the work crews to get a new sanitary (inaudible) have had to go around the east side of the property primarily. So what looks like now a third driveway is really just the activity of the construction workers. Imagine that these lines (inaudible) we're dealing with a house that's in the midst of construction. So there has to be some understanding that the driveway that you are seeing here is not a driveway; it's dirt. It's a dirt pathway that is going to essentially around the house, because the (inaudible) has to get there some way. Harvey Arnoff: Well the Board can certainly take a look at it and make their own determination. But, you know, my client has just advised me he hasn't seen a worker Southold Town Planning Board Page Fourteen December 8, 2008 there in over a year; so I don't know what this under construction stuff they're talking about is. Chairperson Woodhouse: Obviously we have some information that we need to check. Pat Moore: Just for the record, Mr. Adipietro tells me that before the roadway was started, preliminary (inaudible) already done. He had met with Pete Harris to talk about the entrance and the access. So prior to cutting the access, he had met with Pete Harris so that to coordinate with him. So this is not something he did independently without any verification or authorization. Chairperson Woodhouse: Is there anyone who has some new information they would like to share with us? Marie Beninati: The driveway that we're talking about that Ms. Moore says is really the driveway has a car parked in it and you have the pictures there. At least, when I first took the picture it was August. It hasn't moved since August. It is not being used as a driveway. The other driveway is what is being used as a driveway on a regular basis all the time. The cars go in and out of that driveway. It is not a construction road; it is the true driveway that Mr. Adipietro uses and you can see in the pictures that it's actually there. The other thing I would ask the Board to reconsider is the width of the driveway because you're allowing him to have a much narrower driveway than the Code permits. And so, not only are you now allowing, not giving a buffer zone, but you're giving him I think almost 9-10' less in terms of width of the driveway that he should have according to the Code. Now you have the right to do that, but I would ask you to reconsider that in terms of the impact on the neighbors in the neighborhood, and especially since there is another driveway. Thank you. Chairperson Woodhouse: Let me just see if I understand you: you're saying you would prefer a wider driveway rather than a narrow driveway? Marie Beninati: No, I'm saying that you can't have a wider driveway there; you're allowing him to have a narrow driveway so that he can get the third lot. If he didn't have two drives, he would only be allowed one extra lot. By having the second drive, he can have the third lot. So, that particular additional driveway is what's giving him the ability to have the third lot. Pat Moore: I don't believe that's the case. Actually, I think we, when we met, the reason was that it made sense to narrow the driveway so you could put a limitation on the commercial use of this property. It is actually specifically spelled out that the Planning Board (inaudible) has a smaller narrower driveway, but in light of that, we have limitations on the usage of this property. If a large driveway were to be (inaudible) then, Southold Town Planning Board Page Fifteen December 8, 2008 as Mr. Terry pointed out, we could actually conduct commercial uses in the back. The fact that there are two lots as they are going (inaudible) residences. If you have one large lot in Hamlet Business and a large driveway, then theoretically you could have any of the uses that Hamlet Business would allow. And some of them are much more intense, non-residential, and more intrusive. So that's the purpose the Planning Board did consider that, and they did (inaudible) at a work session during sketch plan, to narrow the driveway, make it residential and, in a sense, we have to covenant that it will remain residential. So there was consideration of the neighborhood and keeping it as a residence, rather than allowing the Hamlet Business uses that would otherwise be permitted. Just for the record, that was an issue that the Board did consider. Chairperson Woodhouse: Is there anyone else who would like to address this Board? Is there anyone on the Board who has any questions? I am going to entertain a motion to hold this hearing open to give us an opportunity to look at some of this information. George Solomon: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Unanimously the Board votes to hold this hearing open. Thank you. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Determinations: Aylward/Akscin - This application is for a lot line modification per a Stipulation of Settlement, dated July 1, 2008. Mr. Aylward will receive a deed to a parcel of land on the westerly and northerly boundaries of his property containing .73 acres (SCTM#1000-89-1-3.1) to be merged with his residence parcel of 1.84 acres for a total lot size of 2.57 acres. Mr. Akscin will receive a deed for the northerly 3.48 acres (SCTM#1 000-89-1-1) which will require access approval over an existing and improved 30.5 foot wide easement across land owned by Suzanne Sullivan Fraser. The properties are located 650' w/o the intersection of South Bayview and Cedar Beach Road in Southold. Southold Town Planning Board Page Sixteen December 8, 2008 Joe Townsend: WHEREAS, this proposal is for a lot line modification transferring .73 acres from Lot 1, a 4.21 acre lot (SCTM#1 000-89-1-1) to Lot 2, a 1.84 acre lot (SCTM#1000-89-1-3.1). The resulting total lot size for Lot 1 is 3.48 acres and the resulting total lot size for Lot 2 is 2.57 acres; and WHEREAS, Lot 1 (SCTM#1000-89-1-1) would now require access approval over an existing and improved 30.5' wide easement across land owned by Suzanne Sullivan Fraser (SCTM#1000-88-2-17.5) belonging to the pre-existing "Minor Subdivision Plan for Raymond J. Akscin and Stella M. Akscin Plan at Bayview, Town of Southold, Suffolk County, NY"; and WHEREAS, this lot line change is in accordance with a Stipulation of Settlement per the Supreme Court of the State of New York, County of Suffolk, Appellate Division dated July 1, 2008; and WHEREAS, as stipulated by the Court in this settlement agreement, Mr. W. Aylward would receive a deed to a parcel of land on the westerly and northerly boundaries of his property, from Mr. Akscin, containing .73 acres to be merged with his residence parcel of 1.84 acres for a total lot size of 2.57 acres (SCTM#1000-89-1-3.1). Mr. Akscin would receive a deed for the remaining northerly 3.48 acres (formerly totaling 4.21 acres) (SCTM#1000-89-1-1) which would require access approval over an existing and improved 30.5 foot wide easement across land owned by Suzanne Sullivan Fraser (SCTM#1000-88-2-17.5) belonging to the pre-existing "Minor Subdivision Plan for Raymond J. Akscin and Stella M. Akscin Plan at Bayview, Town of Southold, Suffolk County, NY"; and WHEREAS, access approval over the existing easement on Suzanne Sullivan Fraser's lot has been granted by Ms. Sullivan Fraser; and WHEREAS, the Town of Southold Planning Board reviewed the application at their October 20, 2008 Work Session; and WHEREAS, based upon this review, requests were sent to the Town of Southold's Engineer and Highway Superintendent for a determination as to the appropriate width of the existing easement on Ms. Sullivan Fraser's land; and WHEREAS, the existing 30.5 foot wide easement currently provides access to the pre- existing Minor Subdivision of Raymond J. Akscin and Stella M. Akscin 4 lots which is in compliance with Town Code. (See Town of Southold Code Article III — Roadway Construction, §161-15— Construction Specifications); and WHEREAS, as a result of this lot line change, Mr. Akscin's lot would require access via this easement as well, resulting in the easement serving a total of 5 lots; and Southold Town Planning Board Page Seventeen December 8, 2008 WHEREAS, The Town of Southold Code requires that an easement serving 5 lots or more in the AC Zoning District must be a minimum of 50 feet wide. (See Town of Southold Code Article III — Roadway Construction, §161-15 — Construction Specifications); and WHEREAS, a determination and recommendation were made by the Town of Southold's Engineer and Highway Superintendent to allow the existing width of the easement to remain as 30.5' in width so as not to disturb and to continue to protect existing wetlands on the properties and avoid having a road go through the wetlands; and WHEREAS, it was further determined and recommended that waiving the Code requirement of a 50' wide easement (§161-15) for this particular instance was in the best interest of this proposed lot line change so as to expeditiously settle a long-running land dispute; and WHEREAS, this recommendation was presented to the Town of Southold Planning Board on October 31, 2008; and WHEREAS, the Town of Southold Planning Board agreed with the recommendation; and WHEREAS, the Southold Town Planning Board has the ability to waive the public hearing for this lot line change pursuant to Southold Town Code §240-56 for the following reasons: 1. This proposed lot line change is transferring a small amount of land from one parcel to another to satisfy a Stipulation of Settlement per the Supreme Court of the State of New York, County of Suffolk, Appellate Division; and 2. This lot line change has no significant negative environmental effects, and does not impact future planning of the affected parcels or surrounding area; 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 and, as lead agency, performs an uncoordinated review of this Unlisted Action; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Eighteen December 8, 2008 Ayes. Chairperson Woodhouse: Motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board makes a determination of non-significance and grants a Negative Declaration; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval upon the survey map, dated July 29, 2008, prepared by Barrett, Bonacci and Van Weele, PC, subject to the following condition: §240-57 (D): Each parcel created by re-subdivision shall be shown on a survey prepared by a licensed surveyor and filed in the Office of the Planning Board. Any land being transferred by such re-subdivision shall be deeded to the owner of the property in identical name so the new area merges with the existing parcel and shares therewith a common identification number on a Suffolk County Tax Map. The deed and legal description for any re-subdivided parcel shall be recorded in the Office of the Suffolk County Clerk. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you very much. I Southold Town Planning Board Page Nineteen December 8, 2008 Sketch Determinations: Sutton. Alexander & Tracy - This proposal is for a subdivision of a 2.444-acre parcel into 2 lots, SCTM#1000-78-09-54 and 1000-78-09-78. The lots had been previously merged. The zoning is R-40. Lot 1 would be 61,899 sq. ft. and proposed Lot 2 would be 44,587 sq. ft. The properties are located 111.56 feet n/e of Liberty Lane and Victoria Drive, a.k.a.1160 North Bayview Road in Southold. Ken Edwards: I will offer the following resolution: WHEREAS, this proposal is for a standard subdivision of a 2.444 acre parcel into 2 lots: SCTM#'s1000-78-09-54 and 1000-78-09-78. Proposed Lot 1 would total 61,899 sq. ft. and proposed Lot 2 would be 44,587 sq. ft., in the R-40 Zoning District; and WHEREAS, an application for sketch approval was submitted on May 20, 2008, including the sketch plan prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15, 2007; and WHEREAS, on October 14, 2006, the applicant submitted a Letter of Opinion from Mr. Kenneth Zahler, Principle of Aquebogue Abstract Corp. Title Company to the Southold Town Planning Board indicating that the existing easement of ingress and egress running along the northeast boundary of the subject property is fully within the discretion of the owner as to its placement and location due to its lack of a description regarding specific dimensions; and WHEREAS, on October 14, 2008, the Southold Town Planning Board agreed with the Title Company's assessment of the easement issue; and WHEREAS, on November 26, 2008, the Southold Fire District determined that there is adequate fire protection in the area and fire access is sufficient; be it therefore RESOLVED, that the Southold Town Planning Board grants Sketch Approval on the map, prepared by Nathan Taft Corwin III, Land Surveyor dated June 15, 2007. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you very much. Southold Town Planning Board Page Twenty December 8, 2008 Chairperson Woodhouse: Are there any other questions, comments, concerns? Hearing none I will entertain a motion to adjourn. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. Thank you. There being no further business to come before the meeting, it was adjourned at 6:50 p.m. Linda Randolph, Transcribing Secretary Jerilyn B. Woodhouse, Chairperson Pagel oft Winser, Kristy From: Lanza, Heather Sent: Wednesday, December 17, 2008 2:26 PM To: 'Kristy' _ Subject: F .Adipietro 74.-3-16 For the file. The attached letter and the e-mails below,too. From: Rallis, Damon Sent: Wednesday, December 17, 2008 1:51 PM To: Lanza, Heather Subject: RE: Adipietro 74.-3-16 Here is a copy of the original letter. It outlines all of the violations. The permit for the demolition expires in November, 2009. The applicant intends on doing that work long before the expiration date of the permit. There was also mention of a trailer, which is legal on the property, during construction, with the benefit of a permit from the Town Clerk, which the applicant does have. If you need anything else, let me know. Damon From: Lanza, Heather � Sent: Wednesday, December 17, 2008 12:03 PM To: Rallis, Damon; Terry, Mark; Sadoo,Tamara Subject: RE: Adipietro 74.-3-16 Damon, What exactly are the violations, and can the Planning Board have a copy of your letter for our file? )k Also, what is the date that the demolitions must be completed by(for our.recdt$s` ? Thanks. Heather From: Rallis, Damon Sent: Wednesday, December 17, 2008 11:25 AM To: Terry, Mark; Lanza, Heather; Sadoo,Tamara Subject: Adipietro 74.-3-16 As per the complaint passed on by the Planning Board, I visited the above referenced property and sent a letter to the owner giving him ten days to contact me and come up with a remediation plan for the violations on his property. All debris and unregistered vehicles will be removed within 30 days. He has an open demolition permit for the two dilapidated structures on the lot, which gives him one year 12/17/2008 0 • Page 2 of 2 to demolish these structures, yet he expects to have them removed by spring. No further action is being taken at this time and I will be re-visiting the property in one month to be sure that he has complied. 12/17/2008 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, December 15, 2008 4:00 p.m. 4:00 p.m. Site Plans & Subdivisions Site Plans: Project Name: The Heritage at Cutcho ue SCTM#: 1000-102-1-33.3 Location: Northwest comer of Griffing Street and School House Lane, approximately 1,079 feet north of Main Road, in Cutcho ue. Description: Development of a Planned 55+Active Adult Community consisting of 139 detached and attached dwellings, 14 of which will be permanently affordable on a vacant 46.17-acre parcel. Status: SEQR— DEIS being revised by applicant Action: 1 Discuss proposed location of visual impact analysis points of view. Subdivisions: Project name: Adi ietro, Robert SCTM#: 1000-74-3-16 Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: Standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. Status: Conditional Sketch Approval Action: I Town Engineer to discuss common driveway. For Discussion: •A Tasting Rooms— should the code be changed to allow them in the A-C or Residential Zones where they can't meet the current code, and if so, under what circumstances? Sec 208-13 of Town Code states: Permitted use in residential zones: 14L Wineries which meet the following standards: (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall beset back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. Submission Without a Cover Letter SenderQ�� Subject: pd, I el�5roj l cb�- , SCTM#: 1000 - N- 3 -1 (0 Date: I"VS10 < i su Comments: a7 /�G�D 8� GOrreS/�or�a��nc� �'rorr� 'R D EC — 8 2008 s Dec �Z 08 11:09a Beninati1-765-5225 p.2 v THp 5C) JTF,0L® FIRE 'D�MWC P.O. BOX 908. SOUTHOLD, N.Y. 1 971 (631) 165-4305 .. ...... . . . FAX December 8, 2008 AX (631) 765-5076 i M4rs. Marie Beninati 80OZ 8 - 030 P.O. Box 522 Peconic,NY 11958 �. —.. Re_ Peconic Lane,Peconic,NY Dear Mrs. Beninati: This is to acknowledge receipt of your request under the New York State Freedom of Information Law. This request was received in this office on Monday, December 8, 2008. Pursuant to your request, enclosed please find a copy of the Incident Report for the above captioned matter. Our fee for copies of the above report is $.75 (3 pages x $.25 per page). This letter acknowledges that payment was received. Sincerely, y Caro l A. Miller District Manager uec`a ud 11:U9a k3eninati 631-765-5225 p.3 ff Southold Fire District __� 7/07/2006 �J 12 006-000303 00 NFIRS-1 A 2103 Etat I7/0=de Dare Slaton Mciderd Number Exposua BASIC Fo1D Fir.Oepertm.nt Census TreU B Location Hl^hw �N Ss eTypi suffix treor euF �� Pfix AddSrTeeWe ti956' l I°ECONIC state zip„ode ApllSueerRoom Cly Cross Street Oi ec ions or Nadona:Grid El C Incident Type El Dates&Times E2 Shift&Alarms 111 -Building fire Date Time � 1 Alar 07/07/2006 f 1:43 shift IAwrl Ts 'Disl v� 'AlarmL' sox D Aid Given or Received Time Dirt 07/07/2006 -Mutual aid received 2023 U Special Studies I er 71 - Arrival 07/07/2006 11:50 E3 Mutual Aitl Code Controlled 07/07/2006 � y Their Mc—* �� SperialstudykD 8Pmiaistudyvwua Their s 12 Last Unit 07/0712006 16:29 F Actions Taken Resources G2 Est Dollar Losses&Values D Check a Appa9Ws or Persornat fornic ued LOSSES' 1 10-Fire control ru ex.'inguishmem,other Apparanrs Personnel Property Suppression L._� � 1'2 � Contents 2 12-Salvage 8 overhaul EMS u i Other u �I PRE-petty I NT VALUE �� 1 Property 3 Personnel Not on Appmtus t� -�- �� I Total Personnel 'L ' ClOntents ndudes Tic hof Rsaf Completed Modules Hf Casualties H2 Detector ®FIRE-2 DHazMat-7 Deaths Injuries Wildland Fire-8 Fina 1 0 Hazardous Materials Release ©Structure-3 Service L__=_J H3 ❑Civilian Fire CaSA []Apparatus-8 Civilian 0 t 0 []Fire Se".Casualty-s DPersonnel-10 Mixed Use Property DEMS-6 []Arson-11 J Property Use R29 Multifamily dwelling Ki Person/Entity Iausiness name C.apPlicablel I I I 1L.JI I Ptwna Numbe' MI (Last Name I 5� Mr.,W.Mrs. Firs:Name I " IDECONIC LANE I r N {Ssee ry L suffix� Number Prefix Street U Highway I I I pECONIC I vv 01956- 1 Post Office eox ApbSuite.Room CRY State ZIP Code Dec l^S Utl 11:09a Beninati 631-765-5225 p.4 NF%RS-1 Lr yj7/07//62 06 U 006-000303 00 No Activity Basie-pSZ 2103 �Southofd Fire Dlstnct I � ilaae— rrt oars starm Incident Numbef FAV ure FDID Fire Ceparlment ....... F wner fhone Numheriness name(if aii I � I fi6 L851Name SuffixMr. Ms,Mrs, First Name JL� liree`Type Suffix Number Prefix �Stmotor N:ghwae U 1I�I (Post Office Box I Ap irtuRoom IC1Y I State Dp Code L Remarks Fa AddM1bnal Nates,Please Run em Report ErW,,J Veer D Med end N(tes" WORKING STRUCTURE URE FIRE, IR,ED SMOKE REMOVED ANDUAL AID RECEIVED FROM CUTCOVERHAULONE ODREENPORT, EAST MARION AND MATTIT FIRE M Authorization il�zoos �72G2-WifzRe. Wilrian. I I I ire chief Sgnalu2 Ftenk Assignment Date DBrxr it Charge I I I 7119l1DDB ISi n I Assignment Date Member Making Repoli 9 alure IRank R RedAlert0m)Specific I II II JI II II I FctCode Dec Op,08 11:10a Beninati 631-765-5225 p.5 r A 2103 ♦Southold Fire District 7/07/2006 U 006-000303 No I NFIRS-2 FDtD Fre Department Isle Incident Dste Station incideo:Number Fs .Wnr Fire B � C Onsite Materials or Products ❑ None ConplW If mar vlere am significant emmbs of canyneraial, indu aj,ere-py , ,,,¢ejori paombs w rnleiera an;na weperty-bedKr cr na lMy t,ecmm i',vohel. ❑ Residential j' Eclimatednumbe residanfalliving unit,,,builcingd pop-rib Vrree mme.Cledc ore box f«eam mole. ence�uMether :all anile bec0meixalved. 1 Storage Code B2 L_J ❑Buildings not in-loved harbor a bu klirpa iroolved. 2 Storage Code ©None B3 " ❑Less than one acre Mrea burned(atside fres) 3 Storage Cotte p Ignition Ei Cause of Ignition E3 Human Factors Contributing To Ignition 1i Area of fire origin Cheat1 epp0ceae mxea 40-Storage area,other No Cause 3.Faiiure of equipment or heir source ❑ 1 ❑Asleep 2 Heat Source 2 ❑Possibly impaired by 13-Electrical arcing alcohol or drys Ez Factors Contributing To Ignition 3 ❑Unattended person 3 Item first ignited 4 ❑Possibly mil llyy disabled 57-Bulk storage ❑ None 5 ❑Physically disabled 1 30-ElecbtCal failure,malfunction,, other 6 ❑Multiple persons involved ❑C ecx Ir speed was coined w to abject a«igin 7 ❑Age VIrdB a facto( 4 Type of material first Ignited 99-Multiple"S of material 2 L J=_stimaad age of pen«inva'ved ❑ Male ❑Female De ie Requi9d Only iNtsm Firnl ilea is 111«<70. F1 Equipment Involved inIgnition Fz Equipment Power G Fire Suppression n ie,,pmera. ,a Invc,l aWP to sectim G I Enter u�b three,cads- �)0-Electrical, other ❑ None Ea�ipment Power Source 200-Ew6cai distdbuh'on,power transfer, t other Fa Equipment Brand I - �2-Stationary I 2 Model I I LL L I Po bW.eq R 1.^s normally ran b n atl by $-tial# oma person.RIrquirsno ev to d InWMte moulds 3 u locadnq end requires w Iook m i,raaR Year H7 Mobile Property H2 Mobile Property Type&Make Local Use Mobile property type ❑Pre-Fire Plan Available Lbile Property I+.volved Lb le property model I I oblie property make Licence plate number State VIN Num Der Mobile property year JAMES S. CARDWELL �` 3105 Peconic Lane • P.O. Box 312 • Peconic, NY 11958 \ tJ V December 8, 2008 Y Town of Southold—Planning Board Jerilyn B. Woodhouse— Chairperson Joseph L. Townsend, Kenneth L. Edwards, Martin H. Sidor and George D. Solomon Town Hall Annex Building 54375 Route 25, P.O. Box 1179 Southold, NY 11971 RE: Adipietro, Robert—Proposed Subdivision. Dear Members of the Planning Board: I am writing this letter in response to the proposed subdivision of the property owned by Robert Adipietro on Peconic Lane, Peconic, NY. Although I am not able to attend tonight's meeting, please accept this letter of my concerns and objection to the proposed subdivision. Our property is across the street with a driveway that faces the new proposed driveway which was cut without the proper permissions is disregard to the required rules and jurisdictions. Considering the fire that occurred on the site during July 2006 as a result of an wrongful use as a multi-family building with inadequate safety features endangering both the occupants and the neighborhood, I can only expect the same will follow. What protection does the community have that once granted a subdivision, misuse and violations of building codes will not occur? More importantly, why should he be granted an exemption from both Planning and Building Code Rules as a reward or solution for his prior violation? My questions are too many to ask at this time, but these should be asked: 1. The plans seem to be unclear on the use of the old driveway while retaining the new driveway. Is the old driveway being removed? Should it be shown on the plans? 2. The new driveway slopes from the roadway to the yard and removed the old sidewalk creating an unsafe path for the elderly that use the sidewalk daily. In the winter, it is my fear that the sloped driveway will be a hazard and must be fixed for the public safety. If the subdivision is allowed, this driveway and sidewalk must be properly installed as well as a continuation of sidewalk Page 1 of 2 K'+ Page 2 of 2 December 8, 2008 — Southold Planning Board Robert Adipietro—Peconic Lane through for the entire property including the proper cut and grade for both new and old driveways. 3. What is the allowed use of the existing house and new buildings? There is no indication that Mr. Adipietro will not resume the multi-family use of the existing structures and fear that two additional structures will also be used as multi-family structures to maximize his rental income. 4. What protection do the existing residents of the neighborhood have to restrict the existing buildings to single family use only? 5. How can the Planning Board allow both a subdivision of property and the continued use as Multi-Family. 6. The existing businesses on the street need all the street parking available of their needs. The will be hurt by this subdivision. The proposed plans do not show the ability to provide adequate off-street parking for the density of residents expected, or the return of the previous residents of the original structure. 7. Is there an adequate source of well water available for three structures? 8. Is there adequate septic and drainage area available for three structures? 9. Will the wells and septic be beyond the required distances for all structures and adjacent properties without creating a health hazard. 10. Are the new structures and driveway in compliance with the zoning rules for proper setbacks? 11. Will the new building be contextual in nature to historic neighborhood? In conclusion, there is no need to subdivide the property except to create additional rental properties in addition to the existing structure that will overload the resources of the street from parking, water, septic and more. Peconic Lane as a neighborhood has been improving. The subdivision is not an improvement to the neighborhood and will impact the values and growth of the community. Please do not allow this subdivision. Sincerely, Jame,9(Jay) Cardwell 'J L\,c 2935 Peconic Lane, (tib J Peconic, New York 11958 Planning Board Southold Town Town Hall Southold, New York 11971 Members of the Planning Board Re: Robert Adipietro Subdivision application, EIS/0 Peconic Lane,Peconic SCTM#1000-74-3-16 Dear Sirs: I am in receipt of a public hearing notice for December 8, 2008 regarding the Adipietro property.As I am unable to attend this hearing, please include this letter as part of the record. I have had concerns about this property for sometime as it has been in a state of disrepair with considerable debris surrounding the building, a trailer in the yard, as well as what appears to be a"permanent' ladder up against the house. Additionally ,,the house has been used as a multiple dwelling. 1 believe these abuses have created a health and safety hazard and have reduced the value of my property. Will a subdivision produce the same poorly managed and unsafe conditions and create a blight on the community? The current request for a subdivison has already created particular concerns for the neighbors and neighborhood in terms of serious reduction of privacy.A new driveway and curb has been cut in anticipation of the subdivision application and is not included in the survey that was mailed to me. It seems that the Planning Board has waived the buffer zone and code requirement of a 50 foot drive. I trust you will take these concerns into consideration and protect the privacy and safety of a quiet and peaceful neighborhood. Respectfully submitted, arne Robinson Saturday, December 06, 2008 AOL: meehaulr 12/05/2008 15:09 FAX 631 7653 MOORE LAW OFFICESPlanning Board ROOT I PATRICIA C. MOORE Attorney at Law I 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. !f you arenot 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 imnwdiately so we may a e to retrieve this transmission at no cost to you. T CkI FAX NO: RE: P Vl e DATE: , a — 1 TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: OPERATOR: comments: ft,� PATRAA C. MOORE, ATTORNEY * LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE _ �-0 TO SUBJECT L J 1J C� . SIGNED .. . T 4. Restricted Delivery? A Service Type 1 IF 4.Restricted Delivery? 3.Service Type Al PATRICIA C. MuOKk ESQ. 51020 MAIN ROAD PATRICIA C• MOORE ESQ• 11 51029SOUTHMA NY 11971 (Extra Fee) ElYes CERTIFIED 51020 MAIN ROAD (Extra Fee) QYes CERTIFIED 1 2. Article Number SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 DOOR 2595 01 7192 6463 3110 0000 25641 ;i A. Si nature: Addressee or❑Agent - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �1 . Si atue: (OA esHOL pent) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1 .1 B. eceivetl By: (Please Print 17 7192 6463 3110 0000 2595 e. Race ad B . se tint Clea 7192 6463 3110 0000 2564 :1 C pCIC jrjGCAJ 1 n 1 C.Date of Deli v 1. Article Addressed To: 1 1, Article Addressed To: 1 ' 1 C.Date of Detiv ry 1 E D.Addres essAddress lnDm:r.neFmmamer..,u..eeys.,w.a ERIC ROULEAU 1 r°, 1 KEVIN TERRY 1 JAMES CARDWELL 1 D.Addressae'sAddre 465 TOPSAIL LANE 21-06 23RD AVENUE APT C3 _ 0 1 S — 11g SOUTHOLD NY 11971 awom.ry near..:y3L&o-iMi:..Fi:or-wi::;aPri�i-ci�:Ml 1 --:- �,:-o-c..r.�.... :_::,....- LONG ISLAND CITY NY 11105 E 4. Restricted Delivery? &Service Type 1 PATRICIA C. MOORE ESQ- 4. Restricted 3.service Type 1 a PATRICIA C• MOORE ESQ• y ` } 51020 MAIN ROAD CERTIFIED '1 a PATRICIA NY 11971 Fea Yes CERTIFIED 1 3 (Extra QYes .� 51020 MAIN ROAD (Extra ) s i PATRICIA NY 11971 e 2 Article Number 1 i1 2. Article Number I 7192 6463 3110 0000 25711 7192 6463 3110 0000 27551 XBig�ur (❑ dr see oroAgent) IIIIIIIIIIIIIIIIIIII(IIIIIIIIIIIIIIIIIII 1 r D1 v A. Sig r (oAd essee oroAgenf) IIIIII (IIII IIII IIIIIIIIIIIIIIIIIIII (IIII 1 E. Rao ,,rise ,t C{arty)Z 7192 6463 3110 0000 2571 e1 8. eive(tl By ( / se Print Clearly) 7192 6463 3110 0000 2755 1 ✓/ T( 1 1 C.Date of Delivery 1. Article Addressed To: `1 C. Date of Delivery1 / 0� 1 7. Article Addressed To: 1 GERARD & CATHY STANKEWICZ 1 Il D.Addressee's Address lnolnn.raFwnaae�.,.ua.anys.rw.a PO BOX 401 (� 1 PECONIC NY 11958 1 D.Addressee's Address rnD/m,,.etr,.mAame„u«aeyse,aep EDWIN TUCCIO FISHEL 1 193 GRIFFING AVENUE 1 S:conUery Rdd,.. l Suite./Rp /Flom.fp.hi...e. Pr:eae Prim cheerlyj RIVERHEAD NY 11901 S.00M:iy REEr:ed/Sab%lryi:�Floor(PI:::�Prim bbarlyj Do'very Atltlrece PATRICIA C. MOORE ESQ• 4. Restricted Delivery? 3.Service Type cliy stats ziP.Ac.a. J. 1 51020 MAIN ROAD (Extra CERTIFIED 1 Fea) �Yes 1 SOUTHOLD NY 11971 2. Article Number 1 7192 6463 3110 0000 26181 X; ure (OAddrasaae or g t) IIIIII III II IIIIII III IIIIIIIIIIIIII 111 111 B. Rel : (Please Print Clearly) 7192 6463 3110 0000 2618 1 I -AlWillI C.Date of Delivery r V 1. Article Addressed To: D.Addressee's Address/nD1%,r.mFmmAdd;es,usemeyseaa LEE & MARIE BENINATI PO BOX 522 PECONIC NY 11958 aeconaery Aaare..I Pulte I Apt.I Float IPleees Prinf Clearly) Delivery Aatlre.e 1 ........................................... . ........... dlty Stale ZIP.4 O.Ee N � b t. O O cC W q ,-I q N �. PATRICIA C. MOORE ESQ. d.Restricted Delivery? Aeervke Type �. 51020 MAIN ROAD (ERtreFee) ElYes I CERTIFIED SOUTHOLD NY 11971 2 Article Number W coos 25eA U 1pppp1plI''ItI'11.��f'II81'r, 'IIIIR'' 3 A. 81turf (❑ wL7Apen0 IIIII d.11 11llil l�1 e• d 8Y ( Print CleenyJ z (tj j S 7192 6463 3110 0000 2588 i p C.DMe of Delivery 1.Article Addressed To: .2-y_e� 1 C.Addr sAddress leow.rtrmAem.,Vm O& dN PAUL'S PLACE LLC '�"�/3 2935 PECONIC LANE ' a"- eas Kd'is!-igl.`TR�r`-- ------p,-r-,d--d -ri PECONIC NY 11958 g s�a ._.. rp $IrM "21P+OCotl� ti y e7 pm 6 W m 0 N n.l O O N N O H PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF ROBERT ADIPIETRO SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-74-3-16 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ROBERT ADIPIETRO, residing at Peconic Lane, Peconic, New York being duly sworn, deposj�nd say that: On t e day of November„ 2008, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet of the front property line facing the street(s) where it can easily be seen; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be MONDAY, DECEMBER 8, 2008 AT 6:05 P.M. ROBERT ADIPIETR i Sworn to before me this day of Neyereber, 2008. op g otary Pu BETSYa PERWA IlM V%bllc,Sw of Naw Vok NO.U1PE 61303% OWMe0,$u1ldk Cd/N► ENxrw.AA'1 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------X In the Matter of the Application of AFFIDAVIT ROBERT ADIPIETRO OF (Name of Applicant) MAILINGS CTM Parcel #1000-74-3-16 -------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On th day of November, 2008, 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. ( ignature) ETSY PER Th` Sworn to before me this Z./ �day of December, 2008 (N6tary Public) MARGARET C. RUTKOWSKI Notary Pubiic, State of New York No. 4982528 Qualified in Suffolk County O 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. ADIPIETRO NEIGHBOR LIST SCTM: 1000-74-3-16 KENNETH L. DICKERSON SR LEE & MARIE BENINATI KENNETH L. DICKERSON JR PO BOX 522 PO BOX 148 PECONIC NY 11958 SOUTHOLD NY 11971 SCTM: 1000-74-3-15 SCTM: 1000-74-3-19.3 VIRGINIA L.HAIRSTON OLIVE HAYES HAIRSTON PO BOX 304 306 E 96TH STREET APT 15E PECONIC NY 11958 NEW YORK NY 10128 SCTM: 1000-74-3-10 SCTM: 1000-74-3-17 ERIC ROULEAU JAMES CARDWELL KEVIN TERRY 21-06 2312D AVENUE APT C3 465 TOPSAIL LANE LONG ISLAND CITY NY 11105 SOUTHOLD NY 11971 SCTM: 1000-74-4-16.1 SCTM: 1000-74-3 19.2 EDWIN TUCCIO FISHEL OLIVE HAYES 193 GRIFFING AVENUE 2021 FIRST AVE., APT. 2E RIVERHEAD NY 11901 NEW YORK NY 10029 SCTM: 1000-74-4-18 GERARD & CATHY STANKEWICZ PO BOX 401 PECONIC NY 11958 SCTM: 1000-74-4-17 PAUL'S PLACE LLC 2935 PECONIC LANE PECONIC NY 11958 SCTM: 1000-74-4-14.2 RECEIPT RECEIPT RECEIPT RECEIPT 7192 6463 3110 0000 2540 7192 64663 31100000 2557 7192 6463 3110 0000 2564 7192 6463 31100000 2755 FROM: FROM: FROM: FROM: Patricia C.Moore Esq. Patricia O Moore Esq. Patricia C.Moore Esq Patricia C.Moore Esq, RE:ADIPIETRO PL BD HEARR �, RE'.ADIPIETRO PL.BD HEARR RE'.ADIPIETRO PL.BD HEARR RE:atlipietro pb hearing SEND TO r SEND T SEND TO'. SEND S KF.NN=K`lE.bftERSON SR OLIVE HAY ION KEVIN TERqP$AkS' '� 'E ICCING FIS T APT.I5E SO165 THOLD NYN97 KENN L OICKERSON JR NE SOUTHOLD NV'F�971 1 FFING AVENU S PO X 148 � NEW V NV 10 t IVE HEAD NY 11901 S THOLD NV 1197. } N� ¢, q(A1 Cr j� FP23i S O FEES: meq)' FE i $: { te Postage �f1.70 Po N) 2/ ge / 42 Cat4ietl Fee ,.f 2 20Fee j,ly 70 RFee0 atu}rn,ga1.ceSikt,`��+ Ret mRe - *120 e4�4 / 2.20 ReN a1� �do,v/ Restricetl TOTAL - ' $5.32 TOTAL . $5.32 TOTAL $5.32 TOTAL $5.32 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE i RECEIPT RECEIPT RECEIPT RECEIPT 71926463311000002601 7192 6463 3110 0000 2571 7192 6463 3110 0000 2588 7192 6463 31100000 2618 FROM: FROM: FROM: FROM: Patricia C.Moore Esq. Patricia C.Moore Esq. Patricia C.Macre Esq. Patricia C.Moore Esq. RE:ADIPIETRO PL.BD HEARR RE:ADIPIETRO PL BD HEARR RE ADIPIETRO PL.BD HEARR RE.ADIPIETRO PL,BD HEARR II SEND TO: _ SEND TO: SEND TQ:"` - SEND TO: LEEA MARIE If4� VIRGI STOW GERARD OATNY STANKEWI PAULS PLACE LLC Vr" PO s PO 8pW9 2935 PECONIC.LANE PO 8OX 522 v- PESO NV 11958 PEGOINCNV 119-511\ PECONIG NY�L,79'Je PPXONIC NV 11958 ®�y 1 (f� i/ \\\0 y L �Di FEES C', FEES s�} FEE t t i P 0 ' st 9e Postage Qe 2.70 C 2;50 S " Fee y Oerttfed Fee 3 Ret a!`e1 1:20 R R �,�,.r�� 20 ReIU[r2 RecelPt R ^"*t� '�"t - 2.20 Restri Res ell d Q Restricted hY/ Restn - .y ` TOTAL $5.32 TOTAL •$5.32 TOTAL ,; + .32 TOTAL $5.32 - POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE — RECEIPT RECEIPT 7192 6463 3110 0000 2595 7192(463 311 O 0000 2649 FROM: FROM: Patricia C.Moore Esq. Patricia C.Moore Es,. RE:ADIPIETRO PL.BD HEARR RE'.ADIPIETRO PS HEARING 4 I _ SEND TO: SEND /S VC' ,'. ERIC ROULEAU OLI H S 201 F1 TAVE,APT.2E JAMES CARDWELL N RK NY 10029 a 21-0623ROAVF�114�•AYTC3 LONG ISk.V�lJ ,. NV 11106 fi a)O: FEES, � 1, FEE I'w�' Posta �/'� y�f ca�Igpaiee tj 01 carliretl wq Ol ..deo Ret t 2 Return Receip`f "" 2.20 Rest �,� P {{1�~�lll Restricted TOTAL 1 ` TOTAL $5.32 N POSTMARK OR DATE POSTMARK OK"DATE Y I I i i i i • PATRICIA C. MOORE • Attomey at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 November 25, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: ROBERT ADIPIETRO PROPERTY: E/S/O PECONIC LANE, PECONIC (approx. 333 feet s/o County Road 48) SCTM: 1000-74-3-16 Dear Neighbor: I represent the above with regard to his subdivision application. The Southold Town Planning Board has scheduled a preliminary public hearing on the preliminary plat . Enclosed is a copy of a portion of the subdivision map. The full subdivision map is available at the Planning Board office between 8 : 00 and 4 : 00 p.m. The hearing on this matter has been scheduled for Monday, December 8, 2008 at 6 : 05 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very trul yours, Patricia C. Moore PCM/bp encls . C: Mr. Robert Adipietro 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#1000-74-3-16; 3. That the property which is the subject of this application is located in the HB Zoning District; 4. That the application is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft. The property is located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a final public hearing will be held on the matter by the Planning Board on Monday. December 8, 2008 at 6:05 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: Robert Adipietro Date: 11/19/08 DRAINAGE CALCULATION 16'NDE PAVEMENT -3418 sq.R 5418+0.4+OJ7.368 m 368/422 =9 rP PROVDE 2 LPs 8`0 +5 deaf �— �\ DWELLING - \ s ro• i N gp/.E FM P (yyO/F 8� 466.25' e1 32 ti u.+. i I GE OF WAY 272. 7' .4 MAINTAIN EXISTING HEDGEALONG - BUFFER O a NORTH LINE OF 25' ,. 15' O'sVEGETATE- g DWELLING - I uox. 43'29 00`E rp x� �— O emu srr N -�193.2a - --� ,�•arae a.as s. .• m� m • .� rt 43'29'00E � i �fAN. ;2 123a•''"a v.3 158.89' - `\S _� BLE H. 43'29'00' \ iru N P�i� O LOT 2 NOSC nI Uu, N �. m u TOTAL AREA = 33,969 sq.11 > Zs DWELLING N '' i$ /!!� \ — AREA OF LOT 2 IN R.O.W �5I O , ersrr�s - sr� � A �� 4d53 sq./i. pg M IV ^� 2 ZI 2 STY FR ra l y� fpm m`f n I N i HSE ? �T. eat rl W 9: Y m : 19.06' o 210.40' 0 < a i 4 ac LOT I m Arl. S. 47'32'00+ W229.46'. i m T . 20,229 sO.l1. a' O _ 206.80' 'nyvTgjryl Iscr ,` 166.840.0 ' 45' 5'00' W cl UTEST BORING w '6. 31.1 r4 LOT 3 I !v a BY DONALD 6EOSCIENCE I II N/O/F HA/RSTON n U C. y EL. 31 o O -, TOTAL AREA = 34,590 sq.11. I ' °1�p4 Wo.(i11r 0� I DWELLING O p I m AREA OF LOT 2 W R.O.W. _ exoeN scr u- I I v O m 3634 . sq.11. Zs o dd m r•Ce exon+me ro � �.uu suo a• a — �Gldq. enve aTpe PUBLIC WATER 00 15' VEGETATED BUFFER o E131 — A DECLARA TIOP 285.61' HAS BEEN FLEl �,r• AND SUCH COVi S 4732'00' W THE SUBDIVISIO ZONING DISTRICT HB LONG /SLANT? RAIL ROAD H #9112 • • 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 27th day of November. 2008. i Principal Clerk //�� Sworn to before me this / day of rVgr� 2008 TOWN PLANNING BOARD Ch 10 A W � /')6 11 Jerilyn B.Woodhouse CHRISTINA VOLINSKI Chairperson LEGALiiCB 9112-1T 1127_ NOTARY PUBLIC-STATE OF NEW YORK Notice of Public Hearing No. 01-Y06105050 NOTICE IS HEREBY GIVEN that, Qualified in Suffolk County 1Mrsuant to Section 276 of:the Town Law,a public hearing will be held by the My CoinmUrion Expues February 28,2012 Owthold Town Planning Board,at the Town Hall,Main,Road,Southold,New York on the 8th day of December,2008, oe the question of the following: 6:00 p.m.Proposed Standard Subdivi- Aon for,3ohn.Scott located on the e/s/o Wells Road and the s/s/o Main Rood, ef0 Pewmic Lane,in Pxonic,Town of Southold, County of Suffolk, State of dew.York. Suffolk County Tax Map Illunflier 1000-75-6-3 6:05 p.m.Proposed StandardSubdivi- sion for Robert Adipietm located oa the e/a/o Pxonic Lane,approximately 333 fL s/o County Road 48;in Peconic,Town of Southold; County of Suffolk, State of New York,Suffolk County Tac Map *mbe'r-f000-743-16' Dated:11/19/08 BY OR&"QFTH€SOOT3F4" - • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �o��OF SO(/j�olo 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 lyC,oU,M' Southold, NY 1111 Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, 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 December, 2008 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for John Scott located on the a/s/o Wells Road and the s/s/o Main Road, e/o Peconic Lane, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-75-6-3 6:05 p.m. Proposed Standard Subdivision forlRobert,Adioielj6 located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-3-16 Dated: 11/19/08 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON WEDNESDAY, NOVEMBER 26, 2008 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times — Page 1 of 1 Kalin, Carol From: JOAN ANN Uaweber@timesreview.com] Sent: Wednesday, November 19, 2008 3:23 PM To: Kalin, Carol Subject: Re: Legal Ad for Wed., 11/26/08 edition Hi Carol, Received the legal. Will publish in next weeks paper. Thanks, Candice ---Original Message--- From: Kalin, Carol To: JOAN ANN Sent: Wednesday, November 19, 2008 10:18 AM Subject: Legal Ad for Wed., 11/26/08 edition Please print the following legal ad for the 12/8/08 Planning Board public hearings regarding Scott &Adipietro in the Wednesday, November 26th edition of the Suffolk Times. Kindly send me an e-mail confirmation of receipt of this request for our records. Thanks! 11/19/2008 +Y • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soy P.O. Box 1179 JERILYN B.WOODHOUSE O�� lyOl Southold, NY 11971 Chair y y OFFICE LOCATION: KENNETH L.EDWARDS T T Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Bd. &Youngs Ave.) JOSEPH L.TOWNSEND If Southold,Southold, NY II„ Telephone: 631 765-1938 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, 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 December, 2008 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for John Scott located on the a/s/o Wells Road and the s/s/o Main Road, e/o Peconic Lane, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-75-6-3 6:05 p.m. Proposed Standard Subdivision for Robert Adipietro located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-74-3-16 Dated: 11/19/08 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 0 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 19th day of November, 2008 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 12/8/08 Regular Meeting: 6:00 p.m. Final Public Hearing for the proposed standard subdivision of John Scoff, SCTM#1000-75-6-3 6:05 p.m. Preliminary Public Hearing for the proposed standard subdivision of Robert Adipietro, SCTM#1000-74-3-16 P<4- Carol Kalin Secretary, Southold Town Planning Board Sworn to bef re me this l day of �/, 2008. ) Notary Ic MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01D04634870 Oualified in Suffolk County I U Commission Expires September 30, 14 r • • MAILING ADDRESS: PLANNING BOARD MEMBERS O f so P.O. Box 1179 JERILYN B.WOODHOUSE O�� ly0/_ Southold, NY 11971 Chair o y OFFICE LOCATION: KENNETH L. EDWARDS T Town Hall Annex MARTIN H.SIDOR CA Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �1yC,0U'M' Southold, NY 111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 18, 2008 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 17, 2008: RESOLVED, that the Southold Town Planning Board set Monday, December 8, 2008 at 6:05 p.m. for a preliminary public hearing at the Southold Town Hall on the plat prepared by Peconic Surveyors, P.C., dated September 8, 2007 and last revised July 8, 2008. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. December 5 . The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson Encl. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-74-3-16; 3. That the property which is the subject of this application is located in the HB Zoning District; 4. That the application is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft. The property is located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a preliminary public hearing will be held on the matter by the Planning Board on Monday. December 8. 2008 at 6:05 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: Robert Adipietro Date: 11/19/08 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri.. 12/5/08 ,twwxxxwxxxwfrxxxxwwxwxwwwwwwwwwwwwwwwwwwxwwwxxwxxxwxxwwwwxwwxxxxxxwxwwwwwwwxxxxxxxxwxwwwwwwxxxxxxxwww Re: Proposed Standard Subdivision of Robert Adipietro SCTM#s: 1000-74-3-16 Date of Hearing: Monday, December 8. 2008, 6:05 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. 1 ROBERT ADIPIETRO ,4DIPIETRO STANDARD SUBDIVISON 1000 =74=3 - 16 Proposal to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. OMONDAY - DECEMBER 8 , 2008 - 6 : 05 P . M . 10-W- W' IIO � -�i m SFE YG MA OG 1-m-v ypFFY" -W- WTON EOE WTFM a M ♦ � nj FM PC.N0. I-x201 %W l SFE SEO �, U.4 52w) -W-Oi : LWSC! aFe-0r00700T 068-01-019 06' 1.16-0 '^! • ]'e1r� , (1�� T"d C' 6yy�\ 11J1 11-pt-pi .x` 7 m �yJ -'Y ?Iw o 911W0 ++�J y 1-W-a � . e •m °• � o` BevFlaFlEO BwFu v — ♦+y, 4, a IV + T a 14a9 yv �Q.. ,�J rp9x rt saurlean , v+ Y tl2• / aWe W 15 I j 1 Ix.01 v �Fs •ry 4 as.a.aum 6TEu, 1. � O f a - arclm[n mrnz v a � a N 101 FOB f4. 6 SI.Wc, °' SFE 00.114 086-01-00146ro1-Wx1 9EFaF reuxr. y s td FM FCL.N x 10.x 'N SFE 01-00 If Ian w6-ar-aov E I � tom- 1x.7 2+c pSE V•J S S•�O S F LOW e`" FM SFG ro. ssE McW. F SFE sEtllO. 12S , 0e5-02-007 Oes- W92 MAI-Os .Xo NoWTM lura SE ,KLM sfE sxc:..aes SEE SEG W.Des n]«-rov LEL =Z: m. , E. FBBFFeTE9 NOncE COUNTY OF SUFFOLK © io,Ba SOUTHOLD SECTION NO m1m�� .�E ors,mc,s: &m.M1 m , � Pr ty Tax Sery c A„K �,� FUF Wmrr TU Ern6mp91Fp h TAed open i e gency Caun Center Porvhe(All IMI .....� .c..>E• mwn Fwrrm mEMsol a r1E ♦ wuE w FFEI: R Er mmm,....o......:... " S f1M UL Z0 VTH040 �� G 4F DI51 R SOUTHOLD FIRE DISTRICT November 12, 2008 P.O. BOX 908. SOUTHOLD, N.Y. 11971 (631) 765-4305 FAX (631) 765-5076 Mr. Mark Terry, Principal Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: SCTM# 1000-74-3-16 s/d for Robert Adipietro Dear Mr. Terry: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned subdivision 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, y-� Carol A. Miller Fire District Secretary gC ' 1'o '. I • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE O��Of SOUTyO Southold, NY 11971 Chair lQ OFFICE LOCATION: KENNETH L.EDWARDS 4 Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON �0 (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND lyC�Ual I Southold, NY u11 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 7, 2008 Ms. Carol Miller c/o Southold Fire District P.O. Box 908 Southold, NY 11971 Re: Request for Review of the Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Dear Ms. Miller: This standard subdivision is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. Please contact me at (631) 765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Mark Terry Principal Planner enc.: application map 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 6, 2008 4:30 p.m. 4:30 p.m. Site Plans Site Plans Project name Peconic Landing/Brecknock Hall SCTM# 1000-35-1-25 Location: 1205NYS Route 25 Green ort P Description: This amended site plan is for the proposed renovation of an existing two story building where 1,565 sq. ft. is public space, 1,400 sq. ft. is office space, plus misc. space and one (1) two-bedroom apartment on the second floor on a 136.6 acre parcel known as Peconic Landing in the R- 80 Zone located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport. _. Status: Pending Final Inspection Recommendations Approve with condition. Attachments: Draft Letter Project name: Rutkoski, Robert SCTM#: 1000-108-1-2 Location: 11165 CR 48 Mattituck Description: This site plan is for the proposed construction of a 6,000 sq. ft. new agricultural farm machine storage building on a 4.8-acre parcel in the A-C! Zone located approximately 356' west of the intersection of County Road 48 and Wickham Avenue, on the north side of County Road 48, in Mattituck. ( Status: Pending Final Inspection Recommendations: , Approve. Attachments: Draft Letter Subdivisions ............................... Project name: jjAdltroRobert SCTM#: 1000-74-3-16 Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: Standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. Status: Conditional Sketch Approval Recommendations: Set Preliminary Hearing Attachments: Draft Road & Maintenance Agreement, Draft Easement, Draft C & Rs Discussion Item: Request for Comments ZBA (see att.) — Scarola, Frank Tax Map #: 1000-121-3-6 Variances requested: • Section 280-13 (A) & (B) — Use Regulations for AC Zone — Permitted Uses and Uses permitted by Special Exception • Section 280-14 — Bulk, area and parking regulations A * Submission Without a Cover Letter Sender: /\ ,/ Jf,�7— ,ae lxo 5+0-�CL- Subject: `Subject: SCTM#: 1000 - Date: 57Pw r G Comments: PROPERTY LNE -- PLAN FOR THE ENTRANCE P7 p "Eat. 25' RIGHT OF WA Y Tc I STANDARD SUBDIVISON 27.09 FOR THE PROPERTY OF FLOW mA TRICK ADIPIETRO i ROBERT 8 P i vti. L v . . o m maw EL ffiB A T PECON/C w• 2 i ti� a a rse /000 - 74 - 03 - l6 n n2 Y � c' 25' Right Of WOy SCALE, to = l0' ° , a it STONE PAVEMENT FEB. 5y 2009 itI r rRa 28;7,\ U m EL MA T ?6T0 r' C EL 27.4 TC P7J0 c_ A LC' ; 1 g t o _ow TRV EL 29M SOW EL Z8.8 FLOW EWMVMlppr � CO,1CRPiO=• TAMATEELPW.3 OF N �I SV6'MALK , LP. Cl.� JD�P�SCR TE f. W.wF sono f f.Y. . LIC. NO. 496/8 WT ,57M(63/) 765 - 1797 P. 0. SOUTHOLD, N.Y. 11.971 T 03-217 SCDHS Rel. # SIO-07-0011 O 04. T g2 "0. W O � E 0,. O s6 A6 00. 29, ' < A� , y0 . G� V` �2aa y \ 06 �' Q�.32 I Pp AV �(. 2 Q� �^ `\ s o� �J � ego. 0, 0 � 4F SEWAGE DISPOSAL SYSTEM �• 4 BEDROOMS 2� Q•`A �h0 d OC DO p. • -/ int •�L 1 1000 ped PRECAsT SEPTIC TANK • �, �OOO prop dT l 1 LEAS�� t 1 G 00 .3hp0. ,, y� COLLAR OF THE CESSPOOLS WELL wlrrev !so' 0 131 J P a �e �� lip 100 at SURVEY OF PROPERTY ° Ao �• A T PECONIC TOWN OF SOUTHOLD �0. °�F SUFFOLK COUNTY, N. Y. 0a`G / 1000 - 74 - 03 - P/O 16 LOT NUMBERS ARE REeFERENCED TO 'STANDARD $C8/@: 1��= 4O� SUBDIVISION FOR ROBERT 8 PATRICK ADIPIETRO" 0 JULY 8 2008 �EOFNEpyY I am lamllior with the STANDARDS FOR APPROVAL ' AND CONSTRUCTION OF SUBSURFACE SEWAGE jN r2c F DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES � end wX abide by the conditions set forth therein and on the NO. 496/8 permit to conslruci. ANY ALTERATION OR ADDITIAV TO TNS SWIVEY AS A VIOLATION TOTAL AREA =34,950 84 ft. OF SECTION 7209 OF THE AEW YORK STATE EDUCATION LAW. PEC lC P. . AREA OF LOT 3 IN R.O.W. =8434 sq ft. The locations of wells and cesspools EXCEPT AS PER SECTION 7209 -SU4A kWN 2 ALL CERTFICATIONS (631) - l 765 - 1797 NFEON ARE VALD FOR TNS AMP AAV CAPES THEREOF OALY F shown hereon are from field observations SAD MAP OR CAPES SEAR THE SOWSSO SEAL OF TIE SLRVEYOR P. O. 8 and or from data obtained from others. MDSE MM TINE APPEARS IER£AK 1230 ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS SpUTHOL 5 / 03-217-3 TOPOGRAPN'C AAPS ,T ` OOFFOLIr MAILING ADDRESS: PLANNING BOARD MEMBERS ti�� gay P.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 Chair Czy OFFICE LOCATION: • '� Town Hall Annex WILLIAM J.KENNETH L EDWARDS .( �,�� 54375 State Route 25 MARTIN H.EDW SIDR (cor. Main Rd. &Youngs Ave.) Southold, NY GEORGE D. SOLOMON Telephone: 631765-1938 Fax: 631766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Preliminary Plat Approval „ Y, APPLICATION IS HEREBY MADE to the Town of Southold. Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Rog 4�5,P7' 4 i'44'a 2. Suffolk County Tax Map # / 00(9 7 t 3 3. Hamlet ( 06/0NS C 4. Street Address/ a` �v r tcoAl G Project Location 5. Zoning District r�/ti l�� 9 L75`+ /Ajz SS 6. Date of Submission �J ZOO 7. Sketch Plan Approval Date /0, ,z;?- 007 8. Acreage of Site � • 0 3 N7 9. Parcel Yield 10. Number of Lots Proposed a. Number of Affordable Lots Required: 0 b. Number of Affordable Lots Proposed: p c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: A ZA 11. Acreage of Open Space LVtA 12. Percentage of Open Space A//A 13. Range of Lot Sizes -Oc 27,07b . © d 14. Average Lot Size 15. Private or Public Streets �22� yf�E 16. Length of Road(s) J 3 4- 17, Acreage of Road(s) 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. F ' 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies? Please list other applications which are currently pending involving this project. If possible,please provide application r ferencen mbe O�3"7 AOCr 5/0-07 - 0011 20. Application completed by Wo"wner ( ] agent [ ] other Signature of Preparer ` Dates a ov 0 0 SUGGESTED DESCRIPTION OF LOT 1 PROPERTY OF ROBERT & PATRICK ADIPIETRO SUFFOLK COUNTY TAX KAP # 1000-74-03-P/O 16 All that certain plot, piece or parcel of land, with buildings and improvements theron erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows; Beginning at a point on the northeasterly line of Peconic Lane, distant 358.57 feet as measured in a southeasterly direction from the intersection of the northeasterly line of Peconic Lane with the southeasterly line of Middle Road (C.R. 48); Running Thence from said point and place of beginning North 43 degrees 29 minutes 00 seconds East a distance of 158.89 feet to a point and the beginning of curve to the right; Thence along said curve to the right having a radius of 20.00 feet a distance of 27.13 feet to a point; Thence South 58 degrees 48 minutes 30 seconds East a distance of 96.70 feet to a point; Thence South 45 degrees 35 minutes 00 seconds West a distance of 40.00 feet to a point and lands now or formerly of Hairston; Thence South 45 degrees 35 minutes 00 seconds West along lands now or formerly of Hairston a distance of 166.80 feet to a point and the northeasterly line of Peconic Lane; Thence North 42 degrees 15 minutes 30 seconds West a distance of 102.93 feet to the Point and Place of Beginning. OF NEwr�� Ak ��LAND S\-Y' SUGGESTED DESCRIPTION OF LOT 2 "STANDARD SUBDIVISION FOR THE PROPERTY OF ROBERT & PATRICK ADIPIETRO" SUFFOLK COUNTY TAR MAP # 1000-7403-P/0 16 All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situtate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, known and desiginated as and being Lot 2 as shown on a certain map entitled "Standard Subdivision for the Property of Robert & Patrick Adipietro", being more particularly bounded and described as follows; Beginning at a point on the northeasterly line Peconic Lane, distant 333.40 feet as measured in a southeasterly direction from the intersection of the northeasterly line of Peconic Lane with the southeasterly line of Middle Road ( C.R.48); Running Thence from said point and place of beginning along lands now or formerly of Beninati, North 43 degrees 29 minutes 00 seconds East a distance of 466.25 feet to a point and lands now or formerly of Olive Murray Hayes and others; Thence South 40 degrees 01 minutes 00 seconds East a distance of 126.72 feet to a point and the northwesterly line of Lot 3 as shown of the aforesaid map entitled "Standard Subdivision for the Property of Robert & Patrick Adipietro"; Thence South 47 degrees 32 minutes 00 seconds West along the northwesterly line Lot 3 a distance of 229.46 feet to a point; Thence South 42 degrees 28 minutes 00 seconds East a distance of 20.25 feet to a point; Thence South 31 degrees 11 minutes 30 seconds West a distance of 25.00 feet to a point and Lot 1 as shown on the aforesaid map entitled `Standard Subdivision for the Property of Robert & Patrick Adipietro"; Thence along Lot 1 North 58 degrees 48 minutes 30 seconds West a distance of 96.70 feet to the point and the beginning of a curve to the left; Thence along said curve to the left having a radius of 20.00 feet a distance 27.13 feet to a point; 1 h^y Thence South 43 degrees 29 minutes 00 seconds West a distance oint and the northeasterly line of Peconic Lane; ✓' . + S 5 e t L PAGE 2 Thence North 42 degrees 15 minutes 30 seconds West a distance of 25.07 feet to the Point and Place of Beginning; Subject to a 25 foot right of way more particularly bounded and described as follows; Beginning at a point at the intersection of the northeasterly line of Peconic Lane with the northwesterly line of Lot 3 as shown on the aforesaid map entitled 'Standard Subdivision for the Property of Robert & Patrick Adipietro°; Running thence North 43 degrees 29 minutes 00 seconds East a distance of 193.28 feet to a point; Thence South 58 degrees 48 minutes 30 seconds East a distance of 74.56 feet to a point and the beginning of a curve to the left; Thence along said curve to the left having a radius of 15.00 feet a distance of 19.28 feet to a point; Thence North 47 degrees 32 minutes 00 seconds East a distance of 2 1.10 feet to a point; Thence South 42 degrees 28 minutes 00 seconds East a distance of 25.00 feet to a point and the northwesterly line of Lot 3 as shown on the aforesaid map; Thence South 47 degrees 32 minutes 00 seconds West a distance of 19.06 feet to a point; Thence South 42 degrees 28 minutes 00 seconds East a distance of 20.25 feet to a point; Thence South 31 degrees 11 minutes 30 seconds West a distance of 25.00 feet to a point and the northeasterly line of Lot 1 as shown on the aforesaid map; Thence North 58 degrees 48 minutes 30 seconds West a distance 96.70 feet to a point and the beginning of a curve to the left; Thence along said curve to the left having a radius of 20.00 feet a distance of 27.13 feet to a point; Thence South 43 degrees 29 minutes 00 seconds West a distance of 1 ,tp\a point and the northeasterly line of Peconic Lane; Thence North 42 degrees 15 minutes 30 seconds West a distanceo .07 feet APA o t and place of beginning. ' r j SUGGESTED DESCRIPTION OF 25 FOOT RIGHT OF WAY BEING PART OF LOT 2 "STANDARD SUBDIVISION FOR THE PROPERTY OF ROBERT AND PATRICK ADIPIETRO" SUFFOLK COUNTY TAX MAP • 1000-74-03-P/O 16 All that certain plot, piece of parcel of land, with buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, known and designated as and being part of Lot 2 as shown on a certain map entitled, "Standard Subdivision for the Property of Robert and Patrick Adipietro," being more particularly bounded and described as follows; Beginning at a point on the northeasterly line of Peconic Lane also being the northwesterly corner of Lot 2 as shown on the aforesaid map, distant 333.40 feet as measured in southeasterly direction from the intersection of the northeasterly line of Peconic Lane with the southeasterly line of Middle Road (C.R. 48); Running thence along the northerly line on Lot 2 North 43 degrees 29 minutes 00 seconds East a distance of 193.28 feet to a point; Thence South 58 degrees 48 minutes 30 seconds East a distance of 74.56 feet to a point and the beginning of a curve to the left; Thence along said curve to the left having a radius of 15.00 feet a distance of 19.28 feet to a point; Thence North 47 degrees 32 minutes 00 seconds East a distance of 2 1.10 feet to a point; Thence South 42 degrees 28 minutes 00 seconds East a distance of 25.00 feet to a point and the northwesterly line of Lot 3 as shown on the aforesaid map; Thence South 47 degrees 32 minutes 00 seconds West a distance of 19.06 feet to a point; Thence South 42 degrees 28 minutes 00 seconds East a distance of 20.25 feet to a point; Thence South 31 degrees 11 minutes 30 seconds West distance of point and the northeasterly line of Lot 1 as shown of the aforesaid rriap,. I 1 {1 ! i E J PAGE 2 Thence North 58 degrees 48 minutes 30 seconds West a distance of 96.70 feet to a point and the beginning of a curve to the left; Thence along said curve to the left having radius of 20.00 feet a distance of 27.13 feet to a point; Thence South 43 degrees 29 minutes 00 seconds West a distance of 158.89 feet to a point and the northeasterly line of Peconic Lane; Thence North 42 degrees 15 minutes 30 seconds West a distance of 25.07 feet to the point and place of beginning. crr, , i 6 L f � I} i SUGGESTED DSSCRI MOA OF LOT 3 PROPERTY OF ROBERT & PATRICK ADIPIETRO SUFFOLK COUNTY TAX MAP # 1000-7403-16 All that certain plot, piece or parcel of land, with buildings and improvements theron erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows; Beginning at a point at the intersection formed by northerly line of lands now or formerly of Hairston with westerly line of land now or formerly of Adipietro, said point and place of beginning being the following two courses and distances from the intersection formed by the northeasterly line of Peconic Lane with the southeasterly line of Middle Road (C.R 48); 1) South 42 degrees 15 minutes 30 seconds East along the northeasterly line of Peconic Lane a distance of 461.40 feet to a point; 2) North 45 degrees 35 minutes 00 seconds East along the northerly line of lands now or formerly of Hairston a distance of 166.80 feet to the point and place of beginning; Running Thence along lands now or formerly of Hairston South 44 degrees 30 minutes 00 seconds East a distance of 84.00 feet to a point and the northwesterly line of the Long Island Rail Road; Thence North 47 degrees 32 minutes 00 seconds East a distance of 285.61 feet to a point and lands now or formerly of Olive Murray Hayes & others; Thence North 40 degrees 01 minutes 00 seconds West a distance of 112.71 feet to a point; Thence South 47 degrees 32 minutes 00 seconds West a distance of 229.46 feet; Thence South 42 degrees 28 minutes 00 seconds East a distance of 20.25 feet to a point; Thence South 31 degrees 11 minutes 30 seconds West a distance of 25'00-•fegt to a c J� n� point; Thence South 45 degrees 35 minutes 00 seconds West a dis ce the Point and Place of Beginning. ! � f �h C 0 0 SUGGESTED DESCRIPTION OF PROPERTY OF ROBERT A PATRICK ADIPIETRO SUFFOLK COUNTY TAX MAP # 1000-74-03-16 All that certain plot, piece or parcel of land, with buildings and improvements thereon erected, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows; Beginning at a point on the northeasterly line of Peconic Lane, distant 333.40 feet as measured in a southeasterly direction from the intersection of the northeasterly line of Peconic Lane with the southeasterly line of Middle Road (C.R. 48); Running Thence from said point and place of beginning along lands now or formerly of Beninati, North 43 degrees 29 minutes 00 seconds East a distance of 466.25 feet to a point and lands now or formerly of Olive Murray Hayes and others; Thence South 40 degrees 01 minutes 00 seconds East a distance of 239.43 feet to a point and the northwesterly line of Long Island Rail Road; Thence South 47 degrees 32 minutes 00 seconds West along the northwesterly line of the Long Island Rail Road a distance of 285.61 feet to a point and lands now or formerly of Hairston; Thence North 44 degrees 30 minutes 00 seconds West a distance of 84.00 feet to a point; Thence South 45 degrees 35 minutes 00 seconds West a distance of 166.80 feet to a point and the northeasterly line of Peconic Lane; Thence North 42 degrees 15 minutes 30 seconds West a distance of 128.00 feet to the Point and Place of Beginning. i: OF NCI, IA Vfi �'9tJLl:J'�`" • �OSpFFO(,rco • MAILING ADDRESS: PLANNING BOARD MEMBERS �.r� Gy P.O. Box 1179 JERILYN B.WOODHOUSE C Southold, NY 11971 Chair y OFFICE LOCATION: RICHARD CAGGIANO G Town Hall Annex WILLIAM J.CREMERSy?f�l P 54375 State Route 25 KENNETH L.EDWARDS > (cor. Main Rd. &Youngs Ave.) MARTIN H. SIDOR Southold,N GEORGE D. SOLOMON Y „n 31 785-18 ; 431 PLANNING BOARD OFFICEI (� 2 TOWN OF SOUTHOLD Ff^ P1ean�; Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold ]Ianrtlrlg 11oard for SKETCH APPROVAL for the subdivision described herein. J 1. Name of Subdivision gof3�� j91F— //?O 2. Suffolk County Tax Map # V i O 7,// —� /L' 3. Type of Subdivision Standard [Conservation [ ] 4. Hamlet /�� C C)"/'C- 5. G5. Street Address/ Project Location 6. Acreage of Site <J /V C L' S 7. Proposed Yield T 8. Number of Lots Proposed 7 9. Zoning Districti4/`<7 10. Date of Submission ��, 7 11. Please provide the names, addresses and phone numbers for the following people: Applicant: n 41, 6 3/ 7� � • 9l s'� Agent: Pi1Te/CrA rnI70/L Property Owner(s): ) P"4 -rye('C/ Surveyor: ra C p /; U'eV JC) T ate.. / S a C Engineer: �_�F' �_ �c✓z Attorney: p ,,Pi iu4 ez- u. 12. Has an application for subdivision ever been filed for this property? If so,please indicate when and whether or not approval was granted by the Planning Board. 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. /V a V, 6o moa 14. Has the owner/applicant met with Land Preservation? If so,provide date. /V U 15. Is any part of the property in agricultural use? �^ p 16. Is there an existing or proposed sale of development rights on the property? c''D 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. �/ •7 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). itD c� 19.The site will be serviced by the following special districts or utility companies: Fire District SG 4/Y d Post Office P C G School District WaterS /�t'a/� Cau✓rv1l (/J O�d�- ji vt N, 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. /, U 21. Please indicate the type of open space proposed and how it will be managed? lL 1A 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? 0IVG , 7J_ 61 G/�/.OIN•� 0ni6 )� � � 6"y/19 i'cBMP " 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 ;� L Date / I Z G 7 Robert Adipietro PO Box 192 Peconic,NY 11958 February 26, 2007 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: Co- I, Robert Adipietro as owner of property known as Peconic Lane, Peconic, (SCTM: 1000- 74-3-16 hereby authorize you to make any and all applications on my behalf, to the Town of Southold Building Department, Planning Department, Zoning Board of Appeals, and Board of Trustees, Suffolk County Department of Health,New York State DEC and any other necessary agencies on our behalf regarding the above referenced property. Very truly yours, ROBERT ADIPIE O �rti-/gyp//�iET+zO, 1�OLelcYL o� F3jTp lWF"Y Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: An1/P/(' O ?4�2 9sR7� last name,first name, m ddle initial unless you are applying in the name of someone else or other entity, such as a company. Ifso, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat Ll� Planning Site Plan Other(Please name other activity) Do you personally(or through your company, spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns mord 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 the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant)and the town officer or employee. Either check the appropriate line A through D and/or describe in the space provided. The town officer or employee or his or her souse,sibling,parent or child is(check all that apply): A. the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B. the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C. an officer, director,partner or employee of the applicant; or D. the actual applicant Description of Relationship: Submitted this day of �I)0A 7 Signator Print Name t�� i f Summary of the Subdivision Process Each application to the Town of Southold Planning Board for approval of a subdivision of land shall be submitted and reviewed in the following stages, except as indicated: I. Sketch Approval II. Preliminary Plat Approval (for Standard Subdivisions only) III. Final Plat Approval I. Sketch Approval The Planning Board accepts the general design of the subdivision map by granting Sketch or Conditional Sketch Approval. It is generally during this early stage in the process that the Planning Board refers the plans to the other regulatory agencies for their comments, including local fire departments,the Suffolk County Planning Commission, the Town Trustees and the Town Engineer(for a preliminary review). Often,the comments and/or recommendations made by these agencies are incorporated into the proposed subdivision design. The Planning Board will advise an applicant on how to proceed and if there are any major concerns which need to be addressed prior to the issuance of any approvals. The general procedure for sketch approval is as follows: A. Sketch Application B. Coordinate SEQRA C. SEQRA Determination for Conservation Subdivisions D. Referral to County Planning Commission and Local Fire District and coordination with the Suffolk County Department of Health Services, the New York State Department of Transportation and/or the Suffolk County Department of Public Works E. Sketch or Conditional Sketch Approval II. Preliminary Plat Approval Preliminary plat approval is required of STANDARD SUBDIVISIONS ONLY. (Proposals for Conservation Subdivisions will skip this step entirely and go from Sketch Approval directly to Final Plat Approval). This process involves a preliminary hearing, which will be set AFTER the environmental review has been completed,the preliminary maps are prepared(and found acceptable by the Board) and the preliminary road and drainage plans have been reviewed by the Town Engineer. The overall layout of the subdivision will be determined and most of the issues with respect to design and environmental impact will be addressed. The Planning Board may require that the proposed subdivision incorporate some or all of the recommendations made by the other regulatory agencies. The general procedure for Preliminary Plat Approval is as follows: A. Preliminary Plat Application B. Referral of Preliminary Road and Drainage Plan to Office of the Town Engineer C. Referral of Draft Legal Documents, if any, to the Town Attorney's Office D. Set Preliminary Hearing E. Preliminary or Conditional Preliminary Plat Approval III. Final Plat Approval A final public hearing will be scheduled upon submission of the final plat with the Health Department stamp of approval, a letter of water availability or a valid water contract with the Suffolk County Water Authority, final Declaration 0 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible 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: ❑✓ Part 1 ❑✓ Part 2 ®Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: F1A. 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 Adipietro Standard Subdivision Name of Action Town of Southold Planning Board Name of Lead Agency Jerilyn B.Woodhouse Chairperson Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer gnature of Responsible Officer in Lead Agency Signature of Pre rer (If differEnt from responsible officer) October 15,2007 website Date Page 1 of 21 • 617.20 • Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF Is designed to help applicants and agencies determine,in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF Is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible 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: ❑Part 1 ❑Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate),and any other supporting information,and considering both the magnitude and importance 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.* EIC. 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 Si301y. s,oy� �r /Lagcar 1 P , �Drp��Trza Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) website Date Page 1 of 21 • PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form,Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional Information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If Information requiring such additional work Is unavailable,so indicate and specify each Instance. Name of Action w i— 1/'V/ JI f)rJ Location of Action(include Street Address,Munnlriipality and County) // C Ai S SD v t /J✓ S C�. Name of Applicant/Spons /or ry / / / C Address ';WnI yU t" E co"t C c��.0/�B '&x. 19,Z l City/PO � /�//,) L Slate Zip Code ( � 5 Business Telephone Name of Owner(if different) / Address City/PO State Zip Code i Business Telephone Description of Action: / /J /VT114 SVV3 " �lV1S( Ul�l 3 `pis - /57initr J9,LF 5/0C-7VCC /37✓-) / it/o LOTS . 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:O Urban ®Industrial ®Commercial Residential (suburban) Rural (non-farm) ®Forest ri Agriculture ®Other 2. Total acreage of project area: 4—acres. APPROXIMATE APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow orBrushland INon-agricultural) c7� acres acres Forested O acres acres Agricultural (Includes orchards, cropland, pasture, etc.) �-� acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres �7 acres Water Surface Area 0 acres C� acres iUnvegetated (Rock, earth or fila acres / acres Roads, buildings and other paved surfaces acres �l acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ®Well drained /6�°h 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? C3 acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ® Yes E2/N o a. What is depth to bedrock (in feet) 5. Approximate percentage of proposed project site with slopes: I 0-10%_% 1-110- 15%_°k E] 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? E]Yes No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes (No 8, What is the depth of the water table? 3 7 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ®Yes �No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Yes L'J'N o Page 3 of 21 11. Does project'site contain any species of plant or animal life that is identified as threatened or endangered? ®Yes UNo According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? 0Yes Jo Describe: 13. Is the project site presently used by iiia community or neighborhood as an open space or recreation area? ®Yes No If yes, explain: 14. Does the present site ir�clude scenic views known to be important to the community? ®Yes No 15. Streams within or contiguous to project area: "oA� 5 a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: - N � b. Size (in acres): Page 4 of 21 0 17. Is the site served by existing public utilities? yes ®No a. If YES, does sufficient capacity exist to allow connection? Yes No b. If YES, will improvements be necessary to allow connection? ®Yes No 16. Is the site located in an agricultural distr' certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yes Jot 19. Is the site located in or substantial) co guous 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? ®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:02• 04- acres. b. Project acreage to be developed: acres 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. NA % L Number of off-streetarkin s existing P 9 aces P 9 6 ; proposed g. Maximum vehicular trips generated per hour: /J/A (upon/completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 3 r / I. Dimensions (in feet) of largest proposed structure: height; / O width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? t. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? tons/cubic yards. 3. Will disturbed areas be reclaimed E]Yes ®No ©N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? 11 Yes [3'No c. Will upper subsoil be stockpiled for reclamation? ElYes [3/N 0 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. Page 5 of 21 5. Will any mature forest lover 100 years old) or other locally-important vegetation be removed by this project? ® Yes No 6. If single phase project: Anticipated period of construction: LL months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent phases? ® Yes ® No 8. Will blasting occur during construction? ®Yes 3 No 9. Number of jobs generated: during construction LQ ; after project is complete 10. Number,of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ❑Yes No If yes, explain: 12. Is surface liquid waste disposal involved? ®Yes 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? ®Yes ®No Type 14. Will surface area of an existing water body increase or decrease by proposal? ®Yes®N If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? El Yes No 16. Will the project generate solid waste? ®Yes No a. If yes, what is the amount per month? tons b. If yes, will an existing solid waste facility be used? 1:1 Yes ®No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? E]Yes ® No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? ®Yes No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Oyes / No 19. Will project routinely produce odors (more than one hour per day)? ®Yes EJ'No 20. Will project produce operating noise exceeding the local ambient noise levels? ®Yes No 21. Will project result in an increase in energy use? n Yes f'.. No i If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ElYes ®No If yes, explain: Page 7 of 21 i 0 25. Approvals Required: Type Submittal Date ®City, Town, Village Board Yes No City, Town, Village Planning Board Yes ® No City, Town Zoning Board ©Yes No City, County Health Department Yes ® No Other local Agencies El Yes may/ Other Regional Ao/encies Yes No State Agencies ®Yes ®No — Federal Agencies ®Yes No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? BeYes ® 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(a) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? - C: v'.1) /C%4.I :1 4. What is the proposed zoning of the site? S 117e 6. What is the maximum potential development of the site if developed as permitted by the proposed zoning? C v✓� L�1 s 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Yes ®No 7. What are the predominant land use(s) and zoning classifications within a Y. mile radius oyproposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses with a A mile? Yes ®No 9. If the proposed action is the subdivision of land, how many lots are proposed? �ie LLL 5 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? ® Yes No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ®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 El"No a. If yes, is the existing road network adequate to handle the additional traffic. E]Yes No D. Informational Details / _ Attach any additional information as may ba�eeded to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss ;bch impacts and the measures which you propose to mitigate or avoid them. E. Verification 1 certify that the information provided above is true to the b st of my knowledge. � i /J Applicant/Sponsor Name /'� y G 2 [�� C) Date e,/,5/; 9T/y7 Signature/� s n Title 0Vt//�.l V✓< 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 ti; till SV 7I.r LL • Town Of Southold • J P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 03/03/08 Receipt#: 12825 Transaction(s): Reference Subtotal 1 1 Application Fees 74-3-16 $1,000.00 Check#: 1742 Total Paid: $1,000.00 -y MAIC - 4 2008 �. Name: San, Remo Holding Co. Inc. 2980 Peconic Lane Po Box 192 Peconic, NY 11958 Clerk ID: BONNIED Internal ID:74-3-16 • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE Of soyo Southold, NY 11971 Chair yy OFFICE LOCATION: KENNETH L.EDWARDS T Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON • �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCOU Im,� Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED VAP 3 2�-A3 To: Elizabeth Neville, Town Clerk SOUthOld TOW11 Clerk From: Planning Department Date: March 3, 2008 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tax Map # Amount Date of Check Adi ietro $1B0IJ: (W�)4,()05t 74-3-16 $1,000 opp• 2/5/08 LR Enc(s). • • MAILING ADDRESS: PLANNING BOARD MEMBERS .1 P.O. Box 1179 JERILYN B.WOODHOUSE �0��0� SO�rIyO� Southold, NY 11971 Chair y OFFICE LOCATION: KENNETH L.EDWARDS '! Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND D��COU'M' Southold, NY 111, Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: March 3, 2008 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name 81 Type Tax Mop # Amount Dote of Check Adi ietro 9U6911J: CAW,H,( 1nn OLt 74-3-16 $1,000 app. 2/5/08 SAN REMO HOLDING CO., INC. 1742 DBA EAST END REALTY CO. P.O. BOX 192 PECONIC, NY 11958 50-666/214 PAY 1 DATE c d TO THE Ci. ORDER OF CGGGGGG`�'�'� Bndgehampton National Bank DOLLARS a 1 !FOR C4 .Lei 1 _XiC±✓% �: ---� `"1 M, 'l r 7`� 3'/(F 'OOi742n' 1:0214066671: D500022546u• Town Of Southold b� P.O Box 1179 . Southold, NY 11971 LJ * * * RECEIPT * * * Date: 03/15/07 Receipt#: 1456 Transaction(s): Reference Subtotal 1 1 Application Fees 74-3-16 $2,500.00 Check#: 1456 Total Paid: $2,500.00 l,- Name: A., Dipietro Sub. C/o San Remo Holding Co D/b/a/ East End Realy P0Box 192 Clerk ID: LINDAC Intemal ID:74-3-16 rLem • • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SO(/jP.O. Box 1179 JERILYN B.WOODHOUSE �� Ol0 Southold, NY 11971 Chair y OFFICE LOCATION: KENNETH L.EDWARDS y Town Hall Annex MARTIN H. SIDOR a 54375 State Route 25 GEORGE D. (cor. Main JOSEPH L.TOWN END �IiYe0um Son Youngs Ave.) Southold, Y 11Telephone: 631 765-1935 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: March 14, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name A Type Tax Map Amount Date of # Check A. DiPietro subdiv. 74-3-16 $2,500 app 2/25/07 Latham subdiv. 19-1-7.5 $850 app 3/7/07 Southview Preserve subd 87-5-21.7 $500 app 2/7/07 LR encs. • Project Status Report for Standard Subdivisions Proposal is to subdivide a 2.038-acre parcel in to three lots, where Lot 1 equals 20,229 square feet,Lot 2 equals 29,817 square feet and Lot 3 equals 29,291 square feet,in the HB Zoning District. The property is located on the east side of Peconic Lane,approximately 333 feet south of County Road 48 in Peconic. Sketch Application Dates Pre-Submission Conference j I'L ' Z0b SEQRA Determination Sketch Application Received 2'L Y' 0 �SC Planning Commission Referral f; ee Application Fees Paid 1,; 60 -SC Planning Commission Comments ERSAP Submitted Fire Department Referral Yield Plan Submitted Fire Department Comments Concept Design Determined Engineer Conference Fire Department Comments Sketch Plan Submission '-t-t r o-7 SEQRA Coordination r �1 Conditional Sketch Approval Landscape Plan Sketch Approval Soil Conservation Plan Preliminary Plat Application Dates(6 months after Sketch Plan Approval) Preliminary Application Received 7-1 1 -0 A DEIS Submission Application Fees Paid 1 (')F1ri" -".I 215I*R 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 Preliminary Hearing Set Draft Performance Estimate Preliminary Hearing Held Draft Covenants and Restrictions jzI Al no Preliminary Hearing Closed Draft Homeowner's Association Agreement Conditional Preliminary Approval Draft Road Maintenance Agreement 51 gl 09 Preliminary Approval Scoping Session Final Plat Application Dates 16 months after Preliminary Plat Approval) Final Application Received Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Molars Received(5) NYSDEC Wetlands Permit Received Paper Prints Received(8) 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 Man Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: w c_ la,r 1U SCPC. �6�00 Ink - 1JX -iA a QJ vim} �f 7 i s • tl v. t r. -b `r . 6'S ♦ P / r a� 4 L _ M�t� /. ��y, �� _.5�y b� �J. ✓� ,rJ ,C � y�, A '% �I I , S i. �. M „., �� t";av Y� � ,F i,. � e, � a •� .� a. s d �� .�+�� Lei .. "^",per i. 1� Y � 6, !J'} � �V � � . T �' j '`, � i �/ ~ �� `� � �,� \ ':, � . .� \ � •� \\-s\ C;. � ,,.., J. � � 4V1 O0O00011+o7 9 Rmcm m=;- wmcqw 7 0-06 9]1 Y 1s"L1ON;.«5114-x 14loaxaLo' J5•eUr1d ' hW rWarix uo[p S E SEC.NO.069 h1 9 +-06 9 MATCH MATCH SEE S�EC.N0 2 20 99 LNE0P12.4 12.3 FOR P0..N0. +3001C )A 5.2A(d209-00 FOR PH0. t2201 61101 g GGIIJ 06-04-019 00HILL M115c x Toa ao W .p 02 0 t 61 A is a •« S te,Yg a S4 �. > 6-120 G517-03 ' 10.2 122 0 ,515 a �"' 20AIc1 > S.JA(c) ]-120 d 01-16'0 !.)IfLI' W ya m 1� h » �'0 _ >'91f6 Y ' 0211-0 n rj )0 »R • " 0 'v 1 7-6 11-04 0+ '° Sti �,xW .o •y lJ <rG k IR 7.1,5510 F,`b` ,\ Br b«o y ub ry �'%q"a � !O zps ,.xo46� 't ,av'44 XP4 gLei IN b IRhm �v x a[gW4x n 11 .5 T fi+,54 P aq'"k r > �b C 16pP .l 4 n a 4P v a W 21.1 r�, 9 � �• ,A b'� 30.54(4 TOWN OF$CuTNEAu £'_ 21 O r Y '� •�,m ,� R` '��' � 6 y •q .2 1 r q b O P` M1� 6 n.J 6B.4410 »'bPP,b q p 6 4 E 49.21 'b'i Y p0 b J~ KOA g C.TY OF 511FFFLN `Q• bprJ #' TOIN OF SOJI i.N IOEVRM1IFM PoWiil N1 / 4 I / \ b 1.041tl / G P qP 9 4 122.. 04 Z 9 a OIS]11c) PQ. W ryOP T—6 sou y0 �oEVELoelAxi'mxis� vp M1 a 6 40.1 1[I ME PCL.N0. 51.4 SEE SE pB6-O1-OOJ.003-4 1 coumr 4 39 a Su2.6A� 10.0 10 FOR PCL.NO.xIIIS q SEE YC.N0. 1.OA 196-01-003.3 I2.] fC 69.64 Y yQ 12.5 FOR PLL.N9. FOR PCL.W. '+ Fpi PLL.W. fCH L A•o LpAlcl " SEf SEC.IA. ME MC,NO. SEE 86-01-. Id-6 '�. 095-02-007 095-02-009.2 066-03-%5 'S MATCH LINE 2.2PIc1 o »T0. �— ,R u'cx m 29 M4TCH --� 7 • M SEE SEC.NO.065 SEE SEC.M.O95 0 oes LINE O se[xss¢+ p N -z zv � .. T"laTCE Po UNT SUFFOLK © E p6«� SECTION NO O — ...r` SOUTHDLD — � s� ( arc: 0 --- s— N { }0[antYCenterRver Service dgency O7 /1 r,.�—All ha0d,N Y 11991 " "° `t Q xiex 11 i P in F m io RedPropertyax o NL is F of a L �;Lc PATRICIA C. MOORE Attorney at Law cod 51020 Main Road ° Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 July 11, 2008 Attn: Mark Terry, Principal Planner ' Southold Town Planning Board PO Box 1179 Southold NY 11971 - 1 i coos RE: ROBERT ADIPIETRO �' JUL JUL 1 4 I PREMISES: PECONIC LANE, PECONIC L SCTM: 1000-74-3-16 Dear Mr. Terry: - With reference to the above, enclosed please find the following: 1. Draft Road & Maintenance Agreement (see highlighted area) 2. Draft Easement 3. Draft C & R's 4. Revised map Please review and advise if any changes are required. Thank you. VeFriciaC. ours, LMoore PCM/bp C: Mr. Robert Adipietro DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the day of 2008 by ROBERT ADIPIETRO, residing at 2980 PeconiC Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto; and WHEREAS, the property is zoned Hamlet Business which permits listed commercial uses on ech lot, however, the road design anticipates limiting the uses to residential uses including, but not limited to single family dwelling, multiple dwelllings, apartments and other such residential uses which may be permitted under the ordinances of the Town of Southold; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Robert & Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, 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 : (1) Prior to issuance of final plat approval, the existing barn on proposed lot 2 shall be relocated into a conforming location. (2) Lot 2 and Lot 3 contain 15 foot vegetated buffer areas, as shown on the filed map, which will be maintained in their natural state. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. The vegetated buffer areas may be supplemented and enhanced with native plants and disease- resistant and drought tolerant plants . (3) There shall be no changes to any lot lines without Planning Board approval . (4) Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code 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; (5) Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System; (6) Clearing limits for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code. Lot 2 is 29, 076 square feet, therefore clearing of Lot 2 is restricted to 60 % of the lot may be cleared. Lot 3 is 30, 956 square feet, therefore clearing of Lot 3 is restricted to 50% of the lot may be cleared. (7) All utilities serving Lot 2 and Lot 3 shall be installed underground. (8) The road design anticipates limiting the uses to residential uses including but not limited to single family dwelling, multiple dwellings, apartments and other such residential uses which may be permitted under the ordinances of the Town of Southold (8) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . (9) 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. (10) 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 . (11) 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 . (12) 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. STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) On the _ day of before me, the undersigned, a notary public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument . Notary Public ROAD & MAINTENANCE AGREEMENT This Declaration("Declaration") is made this day of , 2008, by ROBERT ADIPIETRO AND PATRICK ADIPIETRO, hereinafter collectively referred to as "Declarant". WHEREAS, the Declarant is the owner in fee property simple of real situate in the Town P P of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 74 , Block 3 , Lot 16 ; and WHEREAS, Declarant has made an application to subdivide said real property into three (3) lots, as shown on the Subdivision map of Robert & Patrick Adipietro, prepared by Peconic Surveyors, P.C., last dated January 1, 2008; and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides a common access of ingress and egress to the subdivision lots; WHEREAS, Declarant intends to develop Lot 2 and Lot 3 with residential uses, including but not limited to single family dwelling and apartments. WHEREAS the property Yis zoned Hamlet Business which permits listed commercial uses on each lot, however, the road design anticipates limiting the uses to residential uses including, but not limited to single family dwelling, multiple dwellings, apartments and other such residential uses which may be permitted under the ordinances of the Town of Southold; NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The subdivision road shall be located as shown on the subdivision map and shall be of stone blend composition to a width ofsixteen(16')feet for a distance of approximately 256 feet from Peconic Lane. The subdivision road shall be constructed in accordance with Town of Southold specifications. Lot 2 and Lot 3 will each own 12.5 feet of the road, as shown on the map and all the lots will have an equal right over said road. The common road will provide both a common access to the lots and contain the underground utilities for the subdivision. B. MAINTENANCE AND MANAGEMENT OF ROAD 1. The owners of each of the subdivision lots hereby covenant and agree that the parties, its successor or assigns in interest, shall share the costs and expenses of maintaining the common road and use, manage, administer, maintain and operate the subdivision road in accordance with the provisions of this Declaration. All parties agree that they will contribute toward and cause to be performed year-round maintenance of the common road in accordance with normal, customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the road, including but not limited to, litter collection, snow removal and repair of the surface as necessary to keep the road in good and working order. b. The use of agents, subcontractors or employees to be reasonably necessary to carry out the responsibilities under this Declaration. 2. The owners shall maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. C. MANAGEMENT COSTS 4. The owner of Lot 2, in its sole discretion, is appointed as agent to contract and oversee the maintenance and repairs authorized by this agreement and shall: a. Prepare an annual budget and apportion to the Lot Owners and equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a"Reserve Fund" for extraordinary repair and replacement of the road. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15) year period. c, In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve Fund, the owner of Lot 2, may recommend a special assessment Which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the Amount of the Special assessment to the owner of Lot 2. d. The owners of Lot 1, 2 and 3 (each constituting one vote) may appoint another management agent. D. PERMITTED AND PROHIBITED USES 5. Declarant hereby declares that residential uses are anticipated for the lots using the road. The road shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Declarant. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the road may be made. e. No alteration or modification of the road, once constructed, will be permitted without prior written consent of Declarant and the Planning Board of the Town of Southold. f. The road design anticipates limiting the uses to residential uses including, but not limited to single family dwelling, multiple dwellings, apartments and other such residential uses which may be permitted under the ordinances of the Town of Southold E. TERMS OF PAYMENT 6. a. All Maintenance Costs, Reserve Fund fees, and special assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty (30) days after the date of the bill submitted by the owner of Lot 2. b. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by the owner of lot 2, then they shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. C. In the event any legal proceedings are necessary to enforce the terms and conditions of this Declaration, the Lot Owners shall indemnify and hold the owner of Lot 2 harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by the owner of Lot 2. 7. That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 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. The within Declaration 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. 10. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, 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 premises unless and until approval by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 11. If the parties or its successors or assigns fails to meet its obligations with regards to the terms of this Road and Maintenance Agreement, the Declaration may be enforced by the Town of Southold. 12. All notices required under this Declaration shall be mailed to the Lot Owners' addresses or to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed Effective when mailed. 13. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Declarant: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of 2008, before me the undersigned, personally appeared, , personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public EASEMENT This EASEMENT is made this day of , 2008, by ROBERT ADIPIETRO AND PATRICK ADIPIETRO, hereinafter collectively referred to as "GRANTOR". WHEREAS, the GRANTOR is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 74 , Block 3 , Lot 16 ; and herein described in Schedule "A"and WHEREAS, GRANTOR has made an application to subdivide said real property into three (3) lots, as shown on the Subdivision map of Robert & Patrick Adipietro, prepared by JOHN T. METZGER, LS, last dated January 1, 2008; and WHEREAS, GRANTOR desires to grant the foregoing easement to provide for common access and use of the road as shown on the subdivision map which shall be maintained pursuant to a separate Road & Maintenance Agreement recorded at the Suffolk County Clerk ; and WHEREAS, GRANTOR desires to grant the foregoing easement to provide for the installation, repair, replacement, and maintenance of all utilities for the subdivision lots within the common road; WITNESSETH: NOW IN CONSIDERATION OF ($10.00 ) paid and the receipt of which is hereby acknowledged and other good and valuable consideration the GRANTOR hereby grants and conveys to each lot on said Subdivision map of Robert & Patrick Adipietro, their heirs, successor and/or assigns a permanent and perpetual easement that runs with the land, as described more fully in Schedule B attached hereto, for purpose of the placement, installation, maintenance, repair, inspection and replacement of a common road and all utilities, including but not limited to water lines, electric lines, natural gas, cable, and all other utilities which may become available serving Lots 1, 2 and 3 on the subdivision map. The owners of each lot, their heirs, successors and/or assigns shall pay for installation of the utilities to their respective lots and restore the area to its original condition, maintenance, repair, inspection and replacement of such service utility over the premises more particularly described in Schedule B. The installation of said water line within the easement area, as described in Schedule B, must be with the consent of the Suffolk County Department of Health Services. The Declarant, its successors and assigns, retain unto themselves all rights to fully enjoy its afore described premises except for the purposes herein granted The aforementioned Easements with respect to the water lines contained herein 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 or any officer or employee thereof. This grant of easement shall at all times be deemed a continuing covenant that runs with the land and shall be binding upon, and inure to the benefit of heirs, successors and/or assigns of all parties to this agreement. This grant of easement shall not be terminated or extinguished without the prior approval of the Suffolk County Department of Health Services. IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and year first above written. In presence of. [Signature]_ [Signature] [Acknowledgment] WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 7, 2008 at 4:30 p.m. 4:30 p.m. Site Plans & Subdivisions Subdivisions: Standard Subdivision of Robert Adipietro SCTM#1000-74-3-16 Review the Staff Report Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: Proposal to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. Discussion: 1. KPC Planning Services consultant proposal — review new proposal for services 2. Modified Agricultural Site Plan Process — review draft 0 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 23, 2008 at 4:30 p.m. 4:30 p.m. Site Plans & Subdivisions Site Plans: Hudson City Savings Bank Plaza, a.k.a. End of the SCTM#: 1000-122-3-1.2, 2, 6.1, 17 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 draft comments to ZBA Subdivisions: Lot Line Change for the properties of Walker/Dzenkowski SCTM# 1000-21-3-26 & 27 Request for six month extension Location: on the north side of Southern Boulevard, approximately 1,310 feet south of Aquaview Avenue, in East Marion Description: proposal for a lot line change that will transfer 30,375 square feet from SCTM#1000-21-3- 26 (Lot 1) to SCTM#1000-21-3-27 (Lot 2) where, following the transfer, Lot 1 will equal 98,727 square feet and Lot 2 will equal 80,891 square feet in the R-40 Zoning District (Amended) Standard Subdivision of Owen Morrell SCTM#1000- 68-1-15.1 Review new plat, start SEQRA coordination and consider for Sketch Plan Approval Location: n/o Sound View Avenue, 1,700 feet e/o Diamond Lane, in Peconic Description: proposal to set off a 2-acre parcel from a 12.03 acre parcel in the R-80 Zoning District. Standard Subdivision of Robert Adipietro SCTM#1000-74-3-16 Review Draft Covenants and Restrictions & Road and Maintenance Agreement (attached) Review Suffolk County Planning Commission Comments (attached) Consider setting Preliminary Hearing at July 14th Public Meeting Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: Proposal to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. For Discussion: • Town Board requests for comments— 1. Farm Stand Code 2. Zone Change I COUNTY OF SUFFOLK a STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING June 4, 2008 Town of Southold Planning Bd. SUN — 9 200a 53095 Main Rd.- P.O. Box K79 1 Southold,NY 11971 Re: Robert and Patrick Adipietro SCPC File No.: S-SD-08-03 SCTM No.: 1000 07400 0300 016000 Dear Sir: Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on June 4,2008 reviewed the above captioned application and after due study and deliberation resolved to disapprove it because of the following reasons: The proposal will result in the creation of a landlocked lot which are contrary to good subdivision layout principles and creates potential access problems for emergency and service equipment which could result in health, safety and welfare problems for the future resident of landlocked lot. Potential disputes could also arise in the future over the use and maintenance of the proposed common driveway/access easement over proposed Lot 2 to access proposed Lot 3. Comment: The applicant should redraw the proposed subdivision map so that all of the proposed lots have physical frontage on the existing roadway. This could be accomplished by making both proposed Lots 2 and 3 true flag(panhandle)lots and having their pole portions extend to the existing public right-of-way. Having the pole portions adjacent to one another,a common driveway and access agreement could be established thereafter to consolidate the points of access along Peconic Lane. Very truly yours, Theodore R. Klein Senior Planner TRK:cc 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 (631853-4044 S'V b U310 ems. • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE '.O��OF SOplyolo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR H � 54375 State Route 25 GEORGE D.SOLOMON G • �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDSouthold, NY n 1' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2008 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Theodore R. Klein, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section Al 4-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Standard Subdivision of Robert and Patrick Adipietro Hamlet/Locality: Peconic S.C.D.P.W. Topo No.: See plat Zoning: HB S.C. Tax Map No.: 1000-74-03-16 Standard Sub. X Conservation Sub._ Commercial Site Plan Residential Site Plan Re-Subdivision (Lot Line Change) MATERIAL SUBMITTED: Final Plat (2 copies)_(X)_ Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Application Packet as submitted by applicant. 2. One copy of the completed EAF Form. 3. One copy of the Negative Declaration issued by the Planning Board. 1 Page 2 Southold Town Planning Board Referral Referral Criteria: • The property is located within 500' of County Route 48. SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (X ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. ( ) No SEQRA Determination has been made 3. E.I.S. statement enclosed. ( ) Yes ( X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (X )No Comments: We request acknowledgement of receipt of this referral ( X ) Yes ( ) No Referral received 2008 by the Suffolk County Planning Commission and assigned File No. Sincerely, Mark Terry Principal Planner • 0 MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o��OF SU(/rypl Southold, NY 11971 Chair Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G • 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND IiYCOU,M'� Southold, NY n 11 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE May 14,2008 TOWN OF SOUTHOLD Mr.James Richter Office of the Town Engineer Town of Southold P.O. Box 1179 Southold,NY 11971-0959 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review: Application Name: Standard Subdivision of Robert and Patrick Adipietro Tax Map Number: 1000-74-3-16 Street Location: The property is located on the n/o of Peconic Lane Hamlet Location- Peeenw Type of Application: Sketch Subdivision Map (Dated: ) X Preliminary Subdivision Map (Dated: 1/31/08 1 Final Subdivision Map (Dated: 1 Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: 1 Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: 1 Other (AS BUILT) (Dated: ) Comments: Please review and comment. Contact Person: Mark Terry PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 8, 2008 Attn: Mark Terry, Principal Planner Southold Town Planning Board PO Box 1179 Southold NY 11971 RE: ROBERT ADIPIETRO PREMISES: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Terry: With reference to the above, enclosed please find the following: 1. Draft Declaration of Covenants & Restrictions. Please note that we have revised item "e" making it generic due to the fact that there is an existing house. 2. Draft Road & Maintenance Agreement » 3. SCWA Letter of Water Availability F r The Park & Playground fee will be paid prior to Final approv L Please review and advise if any changes are required. P°° `' _ g Thank you. D ours, C. Moore PCM/bp C: Mr. Robert Adipietro 1 DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the day of 2008 by ROBERT ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 and PATRICK ADIPIETRO, residing at 2980 Peconic Lane, Peconic, NY 11958 hereinafter collectively referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Peconic, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Robert & Patrick Adipietro" prepared by PECONIC SURVEYORS, PC, 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 : (1) Prior to issuance of final plat approval, the existing barn on proposed lot 2 shall be relocated into a conforming location. (2) Lot 2 and Lot 3 contain 15 foot vegetated buffer areas, as shown on the filed map, which will be maintained in their natural state. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. The vegetated buffer areas may be supplemented and enhanced with native plants and disease- resistant and drought tolerant plants. (3) There shall be no changes to any lot lines without Planning Board approval . (4) Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code 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; (5) Prior to any construction activity on any of the lots on the approved subdivision map, the project will require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under a Phase II State Pollution Discharge Elimination System; (6) Clearing limits for Lot 2 and Lot 3 are limited pursuant to Chapter 240-49 of the Southold Town Code. Lot 2 is 29, 076 square feet, therefore clearing of Lot 2 is restricted to 60 % of the lot may be cleared. Lot 3 is 30, 956 square feet, therefore clearing of Lot 3 is restricted to 50% of the lot may be cleared. (7) All utilities serving Lot 2 and Lot 3 shall be installed underground. (S) Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . (9) 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. (10) 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 . (11) 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 . (12) 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. STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) On the day of before me, the undersigned, a notary public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Peconic Abstract, Inc. Title No.: pac-3863 Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at PECONIC, in the TOWN OF SOUTHOLD, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Peconic Lane, distant 78.30 feet northwesterly from the intersection of the northeasterly side of Peconic Lane with the northwesterly side of land of the Long Island Railroad, said point of beginning being also where the northwesterly side of land now or formerly of Hairston intersects the northeasterly side of Peconic Lane; RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly side of Peconic Lane 128.00 feet to land now or formerly of Turner; RUNNING THENCE North 43 degrees 29 minutes 00 seconds East along the last mentioned land 466.25 feet to other land now or formerly of Hairston; RUNNING THENCE South 40 degrees 01 minutes 00 seconds East along the last mentioned land 239.43 feet to land of the Long Island Railroad; RUNNING THENCE South 47 degrees 32 minutes 00 seconds West along the last mentioned land 285.61 feet to land now or formerly of Hairston; RUNNING THENCE along the last mentioned land the following two (2) courses and distances: 1.) North 44 degrees 30 minutes 00 seconds West, 84.00 feet; 2.) South 45 degrees 35 minutes 00 seconds West, 166.80 feet to the northeasterly side of Peconic Lane at the POINT OR PLACE OF BEGINNING. ROAD & MAINTENANCE AGREEMENT This Declaration ("Declaration") is made this day of , 2008, by ROBERT ADIPIETRO AND PATRICK ADIPIETRO, hereinafter collectively referred to as "Declarant". WHEREAS, the Declarant is the owner in fee simple of real property situate in the Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000, Section 74 , Block 3 , Lot 16 ; and WHEREAS, Declarant has made an application to subdivide said real property into three (3) lots, as shown on the Subdivision map of Robert & Patrick Adipietro, prepared by Peconic Surveyors, P.C., last dated January 1, 2008; and WHEREAS, Declarant desires to provide for maintenance and management of the roadway which provides a common access of ingress and egress to the subdivision lots; WHEREAS, It is the intentions of Declarant that the title of Lot 2 shall be conveyed to Robert Adipietro; NOW, THEREFORE, for purposes of carrying out the intentions above expressed and in consideration of the foregoing recitals, the Declarant hereby covenants and agrees that the Lots shall hereafter be subject to the covenants and restrictions as herein cited. All the provisions of this Declaration shall operate as covenants running with the land and shall be binding upon all purchasers and holders of the Lots, their heirs, successors and assigns, to wit: A. ROAD DESIGN AND CONSTRUCTION The subdivision road shall be located as shown on the subdivision map and shall be of stone blend composition to a width ofsixteen(16')feet for a distance ofapproximately 256 feet from Peconic Lane. The subdivision road shall be constructed in accordance with Town of Southold specifications. Title to the road shall remain with the owner of Lot 2, upon filing of said subdivision map title to Lot 2 will be conveyed to Robert Adipietro, its successors or assigns with its use subject to this Declaration. B. MAINTENANCE AND MANAGEMENT OF ROAD 1. The owners of each of the subdivision lots hereby covenant and agree that the owner of Lot 2, its successor or assigns in interest, shall manage, administer, maintain and operate the subdivision road in accordance with the provisions of this Declaration. The owner of Lot 2, herinafter, Robert Adipietro hereby agrees to provide year-round management of the road as a right-of-way in accordance with normal , customary and responsible management practices, which practices include but are not limited to: a. The routine maintenance of the road, including but not limited to, litter collection, snow removal and repair of the surface as necessary to keep the road in good and working order. b. The use of agents, subcontractors or employees deemed by Robert Adipietro or its successors or assigns to be reasonably necessary to carry out the responsibilities under this Declaration. 2. The owner of Lot 2, agrees to maintain in effect at all times a policy of public liability insurance having a face amount of not less than one (1) million dollars. All costs for such insurance shall be considered as part of the Management Costs as stated in Paragraph C, below. 3. In addition to the insurance provided above, Robert Adipietro, or such then owner of Lot 2, shall be named an additional insured on individual homeowner policies for each of the Lots, and each homeowner shall maintain liability insurance of not less than $500,000. C. MANAGEMENT COSTS 4. Robert Adipietro, in its sole discretion, shall: a. Prepare an annual budget and apportion to the Lot Owners and equal share of the costs of managing the road on a yearly basis (hereinafter referred to as "Maintenance Costs") including, but not limited to, the costs of administration, taxes, insurance, maintenance and repair. b. Maintain a"Reserve Fund" for extraordinary repair and replacement of the road. Money for the Reserve Fund shall be held and accounted for separately from the general funds. The Annual reserve Fund fee for each lot shall be computed by totaling the estimated payments from each of the Lot Owners necessary to reach the amount necessary to replace the road over a fifteen (15) year period. c, In the event that unforeseen extraordinary expenses arise and sufficient funds are not available in the above-described Reserve Fund, the owner of Lot 2, may recommend a special assessment Which must be approved by a simple majority of all Lot Owners. All Lot Owners so assessed shall be obligated to promptly pay the Amount of the Special assessment to the owner of Lot 2 0 D. PERMITTED AND PROHIBITED USES 5. Declarant hereby declares that the road shall be used by the Lot Owners, their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, Lot Owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the road substantially to the same condition as existed at the time of commencement of the work. b. The road shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without prior written consent of Robert Adipietro. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the road may be made. e. No alteration or modification of the road, once constructed, will be permitted without prior written consent of Robert Adipietro and the Planning Board of the Town of Southold. E. TERMS OF PAYMENT 6. a. All Maintenance Costs, Reserve Fund fees, and special assessments as detailed above shall be billed to the Lot Owners in their proportionate share and shall be required to be paid within thirty (30) days after the date of the bill submitted by Robert Adipietro b. The Lot Owners shall comply with the terms of this Declaration. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) days after notice of violation is given by Robert Adipietro, then Robert Adipietro shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Declaration. C. In the event any legal proceedings are necessary to enforce the terms and conditions of this Declaration, the Lot Owners shall indemnify and hold Robert Adipietro harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by Robert Adipietro. 7. That these covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any local, state or federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. 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. The within Declaration 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. 10. The within Declaration shall run with the land and shall be binding upon the Declarant, his heirs, 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 premises unless and until approval by a majority plus one vote of the Planning Board of the Town of Southold or its successor, following a public hearing. 11. If Robert Adipietro or its successors or assigns fails to meet its obligations with regards to the terms of this Road and Maintenance Agreement, the Declaration may be enforced by the Town of Southold against Robert Adipietro, its successors, assigns, or the individual lot owners. 12. All notices required under this Declaration shall be mailed to the Lot Owners' addresses or to the property addresses unless other arrangements have been made by the Lot Owner. Notice shall be deemed Effective when mailed. 13. In the event that the Declarant is no longer in title to any portion of the subdivision, then, in that event, notice shall be given to the then owners of the lands making up the subdivision by mailing said notice to their addresses shown on the current Town tax rolls. IN WITNESS WHEREOF, the Declarant has executed this Easement and Declaration the day and year first above written. Declarant: STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of 2008, before me the undersigned, personally appeared, , personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public m • }& wIn SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway, PO Box 38, Oakdale, New York 11769 February 15, 2007 Robert Adipietro POB 192 Peconic, NY 11958 Re: Water Availability— Existing 2980 Peconic Ln., and vacant lots 2 & 3 SCTM# 1000-74-3-16 File# 4621935 Dear Mr. Adipietro: Reference is made to your request for information regarding availability of public water service to the above referenced property. There is an existing water main available to the above captioned property from Peconic Ln. Connection fees, (3 x $950.00 = $2850.00) water main surcharges,(3 x $2724.00 = $8172.00) Key Money (2 x $3000.00 = $6000.00) an application and an inspection, will be required for the house service line installation. Recorded deeded utility R/O/W will be necessary to provide lateral service for lots 2 & 3. We have kept a copy of your survey on file. Generally there is a three to four week waiting period from the time all Authority requirements have been met to the time of installation. We have also enclosed additional information for your use. In order for us to provide who else is hooked into SCWA water you must fil_I out the enclosed Freedom of Information request and mail as indicated. If you have any further questions, please feel free to contact me at (631) 563-5610 or-our New Service Department at (631) 218-1148. Sincerely, �y Steve Romano Manager New Service SR:drh PRINTED ON RECYCLED PAPER ! • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE 1��OF SO(/Tyo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON • �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCOU'M'� Southold, NY n 11 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 15, 2008 Patricia Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 14, 2008: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, an application for sketch approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24,2006; and WHEREAS, on October 15, 2007, the Southold Town Planning Board granted conditional sketch approval which will expire on April 15, 2008; and WHEREAS, on March 19, 2008, the applicant submitted a letter requesting an extension of sketch approval; be it therefore RESOLVED that the Southold Town Planning Board grants a six month extension of conditional sketch approval from April 15, 2008 to October 15, 2008 on the map, prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007. If you have any questions regarding the above, please contact this office. Very truly yours, ?Jen�l`yn O<_�aJB. Woodhouse Chairperson Planning Board Work Session Pane Two April 7, 2008 • North Fork Self Storage SCTM#: 1000-96-1-1.4 Location: 50 Commerce Drive, Cutchogue Description: Newly constructed self storage facility on a 3.06-acre parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48. Action: Review change to building fagade element proposed by applicant. Status: Approved site plan — under construction. Recommendations: Approve the change as proposed. Attachments: None Subdivisions Standard Subdivision of Hazel's Woods SCTM# 123-6-6.9 & 123-6-23 Location: The property is located east of Camp Mineola Road and north of Private Road in Mattituck. Description: This proposal is to subdivide an 8.46 acre parcel into 5 lots where Lot 1 equals 23,798 sq. ft.; Lot 2 equals 23,133 sq. ft.; Lot 3 equals 23,200 sq. ft.; Lot 4 equals 23,200 sq. ft.; Lot 5 equals 21,993 sq. ft. and the subdivision open space equals 5.0072 acres in the R-80 Zoning District. - Review new submitted plans and determine if subdivision layout is acceptable. Consider accepting Yield Map, approval of Sketch Plan and SEQR Coordination. Sterling Harbor Inc. at Bayview SCTM# 88-2-15 Location: The property is located on the n/s/o Main Bayview Road, 300.21' e/o Midland Parkway in the Agricultural Conservation Zoning District (A-C) in Southold. Description: Proposal is for a standard subdivision to subdivide a 14.1529-acre parcel in the A-C zone into five lots where Lot 1 equals 49,652 sq. ft., Lot 2 equals 41,302 sq. ft., Lot 3 equals 42,550 sq. ft., Lot 4 equals 41,056 sq. ft. and Lot 5 equals 410,845 sq. ft. and includes a 40,944 qs. ft. building envelope and a 369,901 sq. ft. preserved area. - Request to waive Stage 1 Archeological Survey based upon results of studies accomplished within the area. Robert Adipietro SCTM# 74-3-16 Location: The property is located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic. Description: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. - Request for extension 2 • WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, April 7, 2008 at 4:00 p.m. 4:00 p.m. Site Plans & Subdivisions Site Plans • North Fork Hardware SCTM#: 1000-62-1-3 Location: 54795 NYS Road in Southold Description: New retail building, 3,694 sq. ft. of first floor retail, 3,000 sq. ft. of basement storage, 392 sq. ft. of accessory office, and 2,000 sq. ft. of attic storage with 27 parking spaces provided on a 20,002 sq. ft. parcel. Action: Review materials submitted to fulfill conditions of approval Status: Conditonal approval from 2/11/08, maps not yet signed. Recommendations: Review and approve that conditions have been met, if all the materials are considered satisfactory by the board. Authorize chair to sign the maps —follow-up resolution to that effect on 4/14/08. Attachments: A-1 thru A-4, 2/11/08 Planning Board resolution • 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 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. Action: Review revised plan for completeness Status: New application — not yet accepted as complete Recommendations: Consider accepting as complete and beginning review process and declaring Lead Agency under SEQRA, for an Unlisted Coordinated Action. Attachments: None • CJC1 Corporation SCTM#: 1000-45-4-4.1 Location: 74495 NYS Route 25, approximately 734' w/o Moores Lane on the n/s/o NYS Route 25, in Greenport Description: Construction of one building of 8,960 sq. ft. with the first floor containing rental space, contractor's business office, garage storage and an apartment on the second floor. Action: Review revised plan for completeness Status: New application — not yet accepted as complete Recommendations: Consider accepting as complete and beginning review process and declaring Lead Agency under SEQRA, for an Unlisted Coordinated Action. Attachments: None Planning Board Work Session Page Three April 7, 2008 Peter Onufrak SCTM# 114-5-1 Location: The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. Description: This proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.3366 acres and Lot 2 equals 5.7049 acres, inclusive of a 1.3365-acre building envelope and 4.3684 acres of subdivision Open Space that will be permanently preserved by a Conservation Easement. - Review Grant of Conservation Easement Other Seeley Residence — Request to amend the Covenant and Restrictions. For Discussion: 1. Up-date on interviews held 4/2/08 2. Proposal from NPV for site plan review 3. Town Board request for information: Indoor Dog & Cat Care Facility 4. Town Board request for information: Dormers on Accessory Landmarked Buildings 3 �6 PATRICIA C. MOORE r G Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax: (631)765-4643 March 19, 2008 Attn: Mark Terry, Principal Planner Southold Town Planning Board PO Box 1179 Southold NY 11971 RE: ROBERT ADIPIETRO PREMISES: PECONIC LANE, PECONIC SCTM: 1000-74-3-16 Dear Mr. Terry: With reference to the above, please be advised that the subdivision application is with the Health Department, pending their review and approval. Please grant an extension of the sketch plan approval V ry t my yours, Uj Patricia C. Moore PCM/bp C: Mr. Robert Adipietro i,','^ ' • • MAILING ADDRESS: PLANNING BOARD MEMBERS O f SOU O/ P.O. Box 1179 JERILYN B.WOODHOUSE rjtl Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR y Q 54375 State Route 25 GEORGE D.SOLOMON JOSEPH L.TOWNSEND (cor.Main Rd. &Youngs Ave.) �yCOUNTI Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 17, 200V Patricia Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Standard Subdivision of Robert Adipietro Located on the e/s/o Peconic Lane, approximately 333 ft. SIO County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board is in receipt of the revised plat dated January 1, 2008. All requested changes have been made and therefore the plat is acceptable. However, in order to proceed with the application the following items as outlined in the Conditional Sketch Approval dated September 11, 2007 must be submitted. They include: 1. Submission of Draft Declaration of Covenants and Restrictions containing the following clauses: a. Prior to the issuance of final plat approval, the existing barn on proposed Lot 2 shall re-relocated into a conforming location. b. Reference the vegetated buffer areas, including location and width, and indicate that these areas are to remain in their natural state. c. No changes to any of the lot lines without Planning Board approval. d. All storm water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. e. Prior to any construction activity on Lot 1, the project will require a General Permit for the storm water runoff from construction activity(GP- 02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. f Specify the clearing limits for Lots 2 and 3 and refer to the appropriate section of the Town Code. g. All utilities serving the lots shall be located underground. 2. Submission of a Letter of Water Availability from the Suffolk County Water Authority. ✓ 3. Submission of a Draft Road &Maintenance Agreement or Access Easement. 4. Submission of the Park and Playground Fee in the amount of$14,000 ($7,000 for each new residential lot created). This fee is payable prior to the issuance of final plat approval. Please note that the Conditional Sketch Plan approval expired on March 11, 2008. It is recommended that a letter requesting an extension be submitted to the Planning Board for consideration. If you have any questions regarding the above, please me at 631-765-1938. Sincerely, k Terry Pnncipal Planner cc: Planning Board Heather Lanza, Director of Planning PATRICIA C. MOORE -F;L Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax: (631)765-4643 February 8, 2008 Attn: Jerilyn B. Woodhouse, Chair Southold Town Planning Board -- _ PO Box 1179 Southold NY 11971 RE: ROBERT ADIPIETRO PREMISES: PECONIC LANE, PECONIC , f SCTM: 1000-74-3-16 Dear Chairman Woodhouse: - Enclosed please find an Application for Preliminary Plat approval together with the following: 1. My clients check in the amoun of$1,000.00 r resenting the application fee 2. Suggested metes & bounds descri or lots 1, 2, 3 and 25 foot right of way 3. Six (6) copies of subdivision map prepared by Peconic Surveyors, last dated Jan. 31, 2008. Thank you and please do not hesitate to call should you have any questions or requirement additional information/documentation. T Very truly yours, Patricia C. Moore By Betsy Perkins LA by encls. C: Mr. Robert Adipietro 0 arm 0 MAILING ADDRESS: PLANNING BOARD MEMBERS 4'`"\0 f SO& P.O. Box 1179 JERILYN B. WOODHOUSE �`` j�p Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON �p �� (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSENDIyCOO M N Southold, NY IY', Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2007 Patricia Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 15, 2007: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District.; and WHEREAS, an application for sketch approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on September 10, 2007 the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007; 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. 0 0 4 Robert Adipietro Page Two October 16, 2007 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, / Jerilyn B. Woodhouse Chairperson cc: Suffolk County Department of Health Services Suffolk County Planning Commission Enc. • MAILING ADDRESS: PLANNING BOARD MEMBERS �` P.O. Box 1179 JERILYN B.WOODHOUSE V`�OF SOUjyO Southold, NY 11971 Chair if. OFFICE LOCATION: KENNETH L. EDWARDS T Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON O JOSEPH L.TOWNSENDIy � � (cor. Main Rd. ldYou gs Ave.) CQU 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 October 15, 2007 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Standard Subdivision: Robert Adipietro SCTM#: 1000-74-3-16 Location: The property is located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Adipietro Negative De*tion Page Two Otober 16, 2007 The determination was based upon the following: 1. It is estimated that the proposed 3 residential lots will use approximately 900 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. 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 qpd x 3 dwellings = 900 gpd Therefore, the proposed application will conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality provided properly functioning systems are 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; flooding, leaching or drainage problems expected to occur if the proposed action is implemented as planned. 2. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. There is an existing residence that will occupy one of the lots. Therefore, this proposal will result in the creation of only two (2) additional building lots. In addition, the subject property is located within the Peconic Hamlet HALO Zone, an area of the Hamlet that will be considered for higher density development. 3. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. Much of this property has been cleared and is not located within an area that supports large contingencies of plant and animal species nor is the property located near large wooded parcels that are part of a larger woodland system. 4. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. To the contrary, this property is suited for high density residential or commercial development as specified in the Town of Southold's Hamlet Study. Adipietro Negative Decleion Page Three 0 October 16, 2007 5. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 6. No major change in the use of either the quantity or type of energy will occur. Although there are three lots being created, there is an existing residence that will occupy one of the lots. Therefore, the creation of two additional lots is not expected to have an overall impact on energy resources. 7. No creation of a hazard to human health will occur. 8. 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. 9. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Suffolk County Department of Health Services Suffolk County Planning Commission f • MAILING ADDRESS: PLANNING BOARD MEMBERS OF SOLI P.O. Box 1179 JERILYN B.WOODHOUSE O�� '70I Southold, NY 11971 Chair h o OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON %� iRS (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDlifCOU,M'�� Southold, NY n I, Telephone: 631 765-1838 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2007 Patricia Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: Hamlet Business (HB) Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 10, 2007: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District.; and WHEREAS, an application for sketch approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 15, 2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007; and WHEREAS, the Southold Town Planning Board reviewed the revised sketch plan at their Work Session on September 4, 2007 and found that sufficient information has been submitted to issue conditional sketch approval; be it therefore Adipietro, Robert Page Two September 11, 2007 RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval on the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain all of the technical requirements pursuant to Section 240-17 of the Southold Town Code, in addition to the following changes: a. The title of the map shall read "Standard Subdivision for the Property of Robert and Patrick Adipietro."., b. Add a north arrow to the map./ c. Show a minimum of 15'-wide vegetated buffers along the perimeter of the property. Maintain the existing hedge along the northwest property line where the proposed right-of-way is located.,/ d. Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such covenants and restrictions affect the subdivision and the properties within.V e. State that the subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land, effective August 24, 2004.4 f. Add a note which states that the existing barn shall be re-located into a conforming location prior to the issuance of final plat approval.r -�, g. Show the proposed right-of-way attached to Lot 2 or 3 and provide the lot area with and without the area of the right-of-way.✓ 2. Submission of Draft Declaration of Covenants and Restrictions containing the following clauses: a. Prior to the issuance of final plat approval, the existing barn on proposed Lot 2 shall re-relocated into a conforming location. b. Reference the vegetated buffer areas, including location and width, and indicate that these areas are to remain in their natural state. c. No changes to any of the lot lines without Planning Board approval. d. All stormwater run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. e. Prior to any construction activity on Lot 1 , the project will require a General Permit for the stormwater run-off from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. f. Specify the clearing limits for Lots 2 and 3 and refer to the appropriate section of the Town Code. g. All utilities serving the lots shall be located underground. 3. Submission of a Letter of Water Availability from the Suffolk County Water Authority. Adipietro, Robert Page Three September 11, 2007 4. Review by the Town of Southold LWRP Coordinator. 5. Draft Road & Maintenance Agreement or Access Easement. 6. Submission of the Park and Playground Fee in the amount of $14,000 ($7,000 for each new residential lot created). This fee is payable prior to the issuance of final plat approval. The applicant is advised that additional covenants and restrictions and/or map changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, Town Engineer, Town Trustees, Highway Superintendent, Suffolk County Planning Commission, Suffolk County Department of Health Services, and the New York State Department of Environmental Conservation. This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, / ?Jerilyn B. Woodhouse Chairperson M, COUNTY OF SUFFOLK /F STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES HUMAYUN J.CHAUDHRY,D.O.,M.S. COMMISSIONER August 27, 2007 Anthony Trezza Planning Board Office PO Box 1179 Town Hall, 53095 St. Rte. 25 Southold,NY 11971-0959 RE: Robert Adipietro Subdivision SCTM#: 1000-74-3-16 Dear Mr. Trezza: The Suffolk County Department of Health Services (SCDHS; "Department") has -.. .. . w,. received your letter dated August 14, 2007, concerning the above-referenced project. 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 ADDlication Status: Our agency has not received an application for the above referenced project as required by Article VI of the Suffolk County Sanitary Code. The project sponsor should submit an application to our agency's Office of Wastewater at the earliest possible date so that a complete technical assessment of this proposal can be undertaken. 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. Design and flow specifications, DIVISION OF ENVIRONMENTAL QUALITY, OFFICE OF ECOLOGY 360 Yaphank Avenue, Suite 2B, Yaphank, NY 11980 (631)852-5750 Fax(631)852-5812 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. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2077. Sincere Theresa oeenhg Environmental Analyst Office of Ecology TG PC: Kimberly Shaw Walter Hilbert, P.E. •COUNTY OF SUFFOLK• T STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNINGTHOMAS ISLES;AICP DIRECTOR OF PLANNING August 23, 2007 ) Ms. Jerilyn B. Woodhouse, Chair Town of Southold, Planning Board Office P.O. Box 1179 Southold,NY 11971 1 Attn: Mr. Anthony Trezza, Senior Planner ` r RE: Robert Adipietro Suffolk County Tax Map No.: 1000-074.00-03.00-016.000 Suffolk County Planning File No.: LS-G-2082 Dear Sir/Madam: Your notification for SEQRA Coordination was received by our agency on August 16, 2007. Please be advised that our agency,the Suffolk County Planning Commission has no objection to the Town of Southold Planning Board assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed action 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, this action should be referred to the Suffolk County Planning Commission for review. Comment: No landlocked parcels should be created. The proposed lot configuration creates two landlocked parcels(Lot 2,Lot 3). A landlocked parcel is a parcel that does not have frontage on an existing or proposed public road and is dependent upon a right-of-way over adjacent parcels for access. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment are concerned. This lack of access could result in health, safety, and welfare problems for the future residents of landlocked lots and in potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. To eliminate the landlocked parcels,the LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 fax(631)853-4044 Lot 2 and Lot 3 should be reconfigured as flag lots extending to Peconic Lane. Sincerely, Thomas Isles,AICP Direct of Plana' Andrew P. Fre eL g, A Chief Planner APF/j Ik LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 fax(631)853-4044 PATRICR C. MOORE, ATTORNEY 00 LAWS 51020 Main Road, Southold, NY 11971 (631) 765-4330 DATE U- -H-0 7 TOr SUBJECT. . / ./ � _. . ._ _. . _. SIGNED MAILING ADDRESS: PLANNING BOARD MEMBERSOF SOpjP.O. Box 1179 JERILYN B.WOODHOUSE Southold, NY 11971 0� O� Chair h OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR i5 Q 54375 State Route 25 GEORGE D.SOLOMON :%' (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ili`COU,M'� Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2007 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Standard Subdivision of Robert Adipietro SCTM#1000-74-3-16 Requested Action: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. The property is located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Anthony Trezza, Senior Planner (631) 765-1938 Lead Agency Coordination Request -Adipietro - Page Two 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 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 Encs. cc: Elizabeth Neville Town Clerk Office of the Town Engineer Highway Superintendent Scott Russell, Supervisor Southold Town Board Kieran Corcoran, Assistant Town Attorney Board of Trustees Building Department Southold Conservation Advisory Committee Melissa Spiro, Land Preservation Coordinator *Suffolk County Planning Commission Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher NYSDEC - New York Natural Heritage Program —Albany *Suffolk County Water Authority, John Milazzo, Esq. *Maps are enclosed for your review • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o��Of SO!/Tyol Southold, NY 11971 Chair Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G • O 54375 State Route 25 GEORGE D.SOLOMON '�`O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND li,'C�U Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2007 Patricia Moore, Esq. 51020 NYS Route 25 Southold, NY 11971 Re: Standard Subdivision of Robert Adipietro Located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic SCTM#1000-74-3-16 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 13, 2007: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District.; and WHEREAS, an application for sketch approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, the Southold Town Planning Board reviewed a concept plan for this parcel at their Work Session on February 14, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action. If you have any questions regarding the above, please contact this office. Very truly yours, 2er=ynB. 00dhouse Chairperson T PATRICIA C. MOORS w ' Attorney at Law 51020 Main Road Southold,New York 11971 ,� L , Tel: (631)765-4330 Fax: (631)765-4643 February 28, 2007 Southold Town Planning Board Jerilyn B. Woodhouse, Chair P.O.Box 1179 - Southold, NY 11971 Re: Proposed Three Lot Standard Subdivision of Robert Adipietro SCTM: 1000-74-03-16 Dear Ms. Woodhouse: In accordance with the Towns procedures and the pre-submission meeting with the Board the following are submitted: 1. Application Sketch Ap oval with my client' s check in the amount f $2, 500 . 00,pa orization and Transactional Disclosure m 2 . The LWRP Coastal Consistency Form 3 . Long Environmental Assessment Form 4 . The property is presently connected to public water, however, my client is obtaining a Water availability letter from the Suffolk County Water Authority for the two lots 5. Deed dated November 9, 1995 6 . Five prints of the subdivision map prepared by Peconic Surveyors dated June 24, 2005 and amended February 14, 2006 7 . Five prints of the ERSAP map- there are no slopes, water resources, flood prone areas, woodlands, bluffs, or scenic vistas. The map shows existing streets, location of neighboring buildings, utilities, spot elevations (NGVD) and soil classification (HaA) The subject parcel is along Peconic Lane Hamlet. If you have any questions or require any additional information, please do not hesitate to contact mem Vegy tri ours, �tr_izcia C. Moore PCM/vc Encs. Towu o:Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 maximmri,6ient'th"detttea6ii wlth''th,. W LRP--Oblicy standards and conditions. If an action cannot be ceitified as consistent v i the F`policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: oRe the Town of.��nn South ebsite (southoldtown.northfork.net),the Board of Trustees Office, lar>€4 6�afkYllyrnt, 1 libraries and the Town Clerk's office. ;t B. DESCRIPTION OF SITE AND PROPOSED ACTION `LLJB` "tjQr°� n —� SCTM# 'fwiawiwur+.x�u .,.rrwNS' The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: /1)d -67V L"kts IK�s�de�tcc. �� n,� aY, 5"67V sy aj dN ? X89 s9 Gr� Location of action: 24�o cc�� UvP tiE • 0lr �� J. Site acreage: 4� �C✓1� S Present land use: Present zoning classification: Jam/ pM/�� V S'l'ryt SS 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: d�2cli2 (b) Mailing address: 7 r J N (c) Telephone number: Area Code( )-f-6 3 1 (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? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. IN Yes ❑ No ❑ -ot Applicable Na A1[/11Cy)IYMeh fat i5sv�s i l�e�+/a�mPs� 07 YAX-, Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ® Yes ❑ No E Not Applicable :s rJ.aon�! �0 6i o/1°scH/cd ✓IYDVi dCd 4�/ �r/Y �r-/ice. Cri,.,-) ho /J•rlr e-Uirc� AW Q4eKxeg&ri a'e ems.V Y� 171f .SL Y Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No❑Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes.sts. W See LRP Section III—Policies; Pages 34 through 38 for evaluation criteria. El Yes ❑ No La Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No ID Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Q Not Applicable Attach additional sheets if necessary ` • Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ lot Applicable /0& a -r 3 i .�/ hid 7 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No I_ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No J Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No ©Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. .SSee eLLWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ElNoL'K Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. 1:1 Yes 1:1 No E Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable Created on 5125/0511:20 AM Sundard N.Y.B.T.U. Form 8002-20M rgain anA Sale Da�wi,h,,�Cu_vsnams against Granmr's Ana—Ir" I ur Corpor.Iwn. (singls sheer) CONSULT YOUR LAWYER BE� SIGNING TF ISFf�F15TRUMINT-THIS INSTRULSHOULD[[USED BY LAWYERS ONLY THIS INDENTURE, made the day of November nineteen hundred andninety-f ive BETWEEN KATHLEEN HANSEN 435 Hummel Avenue, Southold, New York 11971 party of the first part,and P•q . PATRICK ADIPIETRO and ROBERT ADIPIETRO as joint tenants 4- ti-e ^"' ty; 2980 Peconic Lane, P.O. Box 174, Peconic , New York 11958 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that.certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being istalieat Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the .northerly side of Peconic lane distant 78.30 feet north- Dist. westerly from the intersection of the northeasterly side of Peconic Lane with the 1000 northwesterly side of land of the Long Island Railroad, said point of beginning being also where the northwesterly side of land now or formerly of Hairston intersects Sect. the northeasterly side of Peconic Lane; 74.00 RUNNING THENCE North 42 degrees 15 minutes 30 seconds West along the northeasterly ilk. side of Peconic Lane 128.00 feet to land now or formerly of Turner; 03.00 =RUNNING THENCE North 43 degrees 29 minutes 00.seconds East along the last mentioned ge land 466.25 feet to other land now orformerly of Hairston; 0 016.000 RUNNING THENCE South 40 degrees 01 minutes 00 seconds East along the last mentioned -land 239.43 feet to land of the Long Island Railroad; 1 . RUNNING THENCE South 47 degrees 32 minutes 00 seconds .Tae, along the last mentioned land 285.61 feet to land now or formerly of Hairston; RfJNNTNG_THF:NrT aIoar._ the last tmnhioiiA3�t�.a *be_.fr-1,11W ng t•,•r.rnlrSe� and,rliruaQc^ I . North 44 degrees 30 minutes 00 seconds West 89:00 feet; 2. South 45 degrees 35 minutes 00 seconds West 166.80 feet to the northeasterly side of Peconic Lane at ttiaty';O&i!nt or place of BEGINNING. BEING and intended to be the same premises as conveyed to party of the first part by deed dated September 23, 1991 and recorded on September 24, 1991 in the Suffol K County Clerk-Is Office in Liber 11340 Page 315. _ 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. s 17 AND the party of the first part coven ants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. M AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of I} 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 indentpre so requires. 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRE F: KATHLEEN HANSEN STATE OF NEW YORK, COUNTY OF SUFFOLK SS: I TAT-9 OF NEW YORK, COUNTY OF SS: On the 2.47 4k day of November 1995 , before me On th day of 19 before me personally came Kathleen Hansen persa �e to Inc 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 she executed the same. executed the same. DAWN L.CHAPMAN Notary Public,State of New York No.4384527 Ounlified in Suffolk County Term Expires Jan.26,, t cl s 7 STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me On the day of 19 before me personally came personally came to me 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 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 he 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 It name as witness thereto. i - Bargain no #alt 19reb WITH COV$NANT AGAINST GRANTOR'S ACTS SECTION 01`-( TITLE NO. r; SS (o3 BLOCK 05 - LOT • O( F, COUNTY OR TOWN TO Recorded at Request or CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by y1 �CS1"Go TITLE AT /•iUN VV R 64 INSURANCE COMPANY AT L g0i4009f *ie1Eff RIVEF:( tD... (uS�L 11901 Zip No. W U LL LL 0 tD 2_ of of 0 U w C LL W N D K Q LL W U s N N_ H W 7 W OC • LASER FICHE FORM • SUBDIVISIONS SCANNED AUG 4 2008 Proiect Type: Standard Records Mana�cmcnt Status: Conditional Sketch Approval SCTM # : 1000 - 74.-3-16 Proiect Name: Adipietro, Robert Location: The property is located on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic, SCTM#1000-74-3-16. Hamlet: Peconic Applicant Name: Robert Adipietro Owner Name: Robert Adipietro Zone 1 : HB Approval Date: PLAT Signed Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: T C'and R's : Homeowners Association : R and M Agreement: Address: 298Q Peconic lane, Peconic, NY County Filing Date' ry ,. 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LNE 99 000 FOR PCI .4 12.1 12.3 FOR PC.N]22-0 15.51 _ 4� 1>1-50-01 060-03-007IiA 52A(d SEE SECNO 610 66-04-0 ,`a 6i202 b1i0] 1 Y�♦ 7-I]-0 �� IJSS21 4 a , •' S ♦e nn lS .y q I0.2 C ♦; 12.2 3 4of a4m 01t!•� I�G +r �a ♦ � k ��„6 s , ti a S.JA 1ICI N� a2-II-0 0714-0 a, 1c� II, fl C9 I I-01-01 °� 7 13' b 'c'!c` 101P is I w Nq ria ♦ ^. '� S �♦ Z Y a♦ m �_�,s m 2 za v.Dlrc ':� M1b♦ + 3 ya IF d��0 Nx J d b 4 4 sti R i 34y� �»r^bPrrr 1b 4 (C`,q, ,y b♦ ” r4 i °4�A MM1 c "• �' 'p� N `1M1� v ss 1v l r M 5.51 nb "r 8 �^ a � ♦b '} t 16. cl 0 a n , 00 »> u els a a� 21.1 0.5A(6 IF TOWN OF SOUJHOLO i q c ♦ S M1� e b tiO 36 M15c 0 49.2 6B.IAId 6 1921 � p0 E:, Pl 11.04 COUNTY OF SURE CLM LP' bpr, t TOWN OF SOUTHOLD w � iOEVFlevu[m Xicxis - ti / A e 7,04d / \ 4 � v L—_ s S�Lc M1y♦ 12.2. 01 15.11101 ]6 1� E NM1♦ O N ♦ M1b m[v[mvin[rve piers, S 1D.1 CL E FNO. SE SJ.141c1 SEE SEC.NO.FI 9 066-01-003.4OOJ.1 b ur F 39 12'e1J "' 2.6A FOP PCL.NO. 40.2 LOA 5EESEC.NO. 066-01-00Jd " 42.7 4 '-• 69.58 �-•O S 425 FOp PCL.III FOR PCL.NO. FOR PCL.NO. i SO,y F.O y LOAICI n - - SEE SE0.N0. -- - SEE SEC.N]. — µ e SEE SEC.NO IF" B 065-02-001 066-01-015 c- NA7CH LINE 22AK1 "+ 065-02-009.2 v FO ". c SEE SEC.x0.085 LINE 5EE SEC.NO.D85 For °m., NIS a --- -- �" _ UNTY OF SUFFOLK © D6xrc ETPI T c - 'u' 0 --- IJ r Real Property Tax Service Agency r L � E -_ 9 074 NO] 12„ , -- - `.� d Cant La',ter A vemead N d�' 11 01 N .e° A - � n � o 0� vo V 1� h � T � 1 e moo. rycj F / 0 66• a - ' ,Nfplit 1 �O �, ZAN. 0 6600 Al y7 ,\p�. b y MAP °° � "p� O OF PROPERTY o O A T PECONIC TOWN OF SOUTHOLD 0�1� SUFFOLK COUNTY, N. Y. V a 3 1000-74-03-16 o 19. SCALE :1"=100' P� JUL Y 24, 2006 V CDNING DIS TR FLOOD ZONE/XT H B. b �;,oF NE4y ( D - DWELLING g�PR�(.METZcOQf SUFFOLK COUNTY SOILS CLASSIFICATION - HoA V�� P - POOL ESS p O - OUTBUILDING N Y. LIC. NO. 496/8 UTILITIES WA TER MAINSTREET 'ZY C. CONTOUR LINE 8 ELEVATIONS ARE REFERENCED TO THE O.H. ELECTRIC (63 (63/1 765 - 1797 TELEPHONE P. O. IAQ19s FIVE EASTERN TOWNS TOPOGRAPHIC MAPS (N.G.V.D.), CABLE /230 T STREET GAS MAIN SOUTHOLD, N.Y. 11971 03.- 217 DRAINAGE CALCULATION 16' WDE PAVEMENT - 5418 sµtl z� 5418 + R4 + OJ7 ' 368cat/ 368/42.29 vlCy PROVOE 2 LPs e'I + 5 dey \ rtsr rzr. DWELLING rr rn r >A err %Fr N \ING Tf/�/,O/� B 466.25' el s2 .rM+r HEDGE LWAY 272. 7'MAINTAIN EX , RIGHT "' F � BUFFER w ORTH LINE OF 25 ��.. 15' e'9VEGETA TE=� p` 2 uwr w r DWELLINGv =� c1 s auPes N 43-29'00' 193.28 rs sr°Wt ¢ aA •. : • I to o g 9 isx au ��. - 1\ sWPat 4 - el �+ P^ er 2J? 158.8 PAYee1T - a[° m r L•n►Acrzo.rrw�carwt[- 'L 43'29'00' E •m� STONE u n2 -' 1234' v.zts O- 158.89' m + E Sn' \ ► reMnt� ROADWAY � BLENET �o . 2900" LOT 2 r use cawse V NO SCALE 1 N. 43" 0ersn . . u ro _ �! m oasnr ewr nw as asset N � . m u TOTAL AREA = 33,969 sq.Ii DWELL/NG ' w 1 W$ ` — AREA OF LOT 2 IN R.O.W 4893 sq.11. A swnrF ,aa• l w m \97' D �O 2 Y n 2 STY Flt HSE ST UQ P1 n n o b swsr. mH.l� I O y } w• csP 19.06• u rs' / 6/aq. envelope =c n w - a 2tO.40' a 9.7 Z L sc LOT 1 o S. 4732'00' 229.46' C m I m - m ' W. y 20 ro ,229 sq.iL � � 4 M A 206.80' 40.0' HJ oa O W04 12A ts . 166.80' 2 m '3500S45cl U 3 " 3TEST BORING00 4/30107 00" W UN(S LOT 3 N/0/F HAIRSTON BY McDONALD GEOSCIENCE v Wbw y EL. 3to TOTAL AREA = 34,590 sq.R. DWELLING d a m AREA OF LOT 2 IN R.O.W. _ renotN ar a Q mrs, I 3634 sq.IL 25 90 �� C O PPL£9MMN ftE M � MMMFPM .sr a J6/dq. enveT PUBLIC WATER CI /5' VEGETATED BUFFER 'o 6/3-Ak1 — A DECLARATION OF COVENANTS AND RESTRICT70NS 285.61' HAS BEEN FLED /N THE COUNTY CLERK'S OFFICE c-r S 4732'00' W AND SUCH COVENANTS AND RESTRICTIONS AFFECT s r THE SUBDIVISION AND THE PROPERTIES WIThW- ZONING DISTRICT - HB LONG ISLAND RAIL ROAD SCHOOL DISTRICT 5 NEW SEPTIC SYSTEM 7 BEDROOMS ----- _ EXISTING CESSPOOLS- TO BE OWNER/ APPLICANT FILLED IN OR REMOVED ROBERT ADIPIETRO NEW - 1750 GAL. PRECAST SEPTIC I 2980 PECONIC LANE TANK 8'0 • 6' LIDEPTH I Z L.P.s 8'0 • 10 PEEPEEP PnretBn Lm VACANT P.O. BOX 192 PECONIC, N.Y. 11958 SUBDIVISION HAS BEEN ADOPTED PURSUANT NOTE TO THE TERMS OF THE AMENDED CHAPTER 240 SUBSURFACE SEWAGE SUBDIVISION OF LAND, EFFECTIVE AUGUST 24, 2004 WATAND HOUSE ER SERV LE DESIGN BY' _ ' STANDARD SUBDIVISIOAV 1 JOSEPH FISCHETTI, P.E. e, ' W'w° HOBART ROAD su'm 777". FOR THE PROPERTY OF - " ( g / (631) 65-2954 "97 � ROBERT & PA TRPCKADIPIETRO ,« A T PECONIC SITE TOWN OF SOUTHOLD WA -- SUFFOLK COUNTY, N. Y. 1000- 74 - 09 -78 TYPICAL PLOT PLAN a is a9L Y / June 24 2005 SEPT. A 2007 4dAWXt Feb. 14, 2006 (additions/ DEL' 1H OOS (°ddlkw Jiu 31, 2008 IReWdmn KEY MAP � � MAr B, zoo? rresr raL� Jutr ft zoos bwtre.l SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES I HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM SCALE TI"=600• - HAUPPAUGE, N.Y. ACTUAL SURVEYS COMPLETED 61L-Vj2L THAT ALL MONUMENTS =!p6wT .ryr DATE SHOWN THUS, Id ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. V'`s.�, RA,P TYS/S TO CER TFY THAT TIE PROPOSED REALTY SUMVASION OR JO N T. ME�.Y.S. L.S. LIC. NO. 49618 THE DEVELOPMENT FOR IN PR CONTOUR LINES AND ELEVATIONS ARE REFERENCED ro THE WITH A TOTAE OF—LOTS WAS APPROVEDh 1 HEREBY CERTIFY THAT THE WATER SUPPL Y(S) ANDIOR SEWAGE Dl OSA �¢ No, FIVE EASTERN TOWNS TOPOGRAPHIC MAPS ON THE ABOVE DATE WATER SLIppL/ES AND SEWAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECT S�LAND ACaIJ AdAST COAFORM TO CONSTRIMTK7N STANDARDS/N EFFECT BASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND ANY ALTERATION OR ADDITION TO THUS SURVEY IS A VIOLATION AT TMS TIME OF CONSTRUCT70N AND ARE SUBJECT TO SEPARATE - GROUND WATER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TO THE OF SECTION 7209 OF THE NEW YORK STATE EDUCA 770N LAW. PER19TS PURSUANT TO THOSE STANDARDS THIS APPROVAL SHALL BE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS VALID ONLY/F THE REALTY SUBDIVISION/DEVELOPMENT MAP IS STANDARDS'IN EFFECT AS OF THIS DATE. EREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY ff SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR DULY FILED *7TH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE!' -----`-----`-----------`-_________________ WHOSE�IGNATURE APPEARS HEREON. CONSENT/S HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH . 400iTlONALLY ro COMPLY wires sa/v LAW TERM ALTERED er ' THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN THE' - "T BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND UTILITIES - OF ANOTHER SURVEYOR'S MAP. TERMS SUCH ' INSPECTED 'AND SUFFOLK COUNTY SANITARY CODE. PUBLIC WATER PECONIC SURVEYORS, P.C. BROUGHT - TO - DATE ' ARE NOT 1N COMPLIANCE WITH THE LAW- ELECTRIC (631) 765 r 5020 FAX !6317 765 - 1797 WALTER J.HILBERT, P.E. GAS P. 0. BOX 909 TQTAL AREA = 2.038 ACRES, DIRECTOR, DIVISION OF ENVIRONMENTAL DUALITY CABLEVISION 1230 TRAVELER STREET971 03-217 DRAINAGE CALCULATION I� IWNT Li WAY 16' WIDE PAVE{ENT - 5418 V1 5418 . 0.4 . 0.17 - 368 cu b 368/922 - 9 W xa PROVIDE 2 L.Pa 8'I + 5 dmp \ res' Iz \ DWELLING ero' PTY Ju- - c I i�1W-E fro.N I — BENINATI L i I N�'V�F' 466.25' e132 ruouW GE ALONG y unr qP, ,�9.,•/ OF WAY =c�F" 272. T a MAINTAIN EOE p5 HEDGE °.y. ' BUFFER o +• ` ORTH LIN.- OF 15' VEGETA TES p 2 ua'E nJ roes DWELLING _ �i w/3 _— _ °+ r N 43.29'00' E - _ I o To 193.28' " jls CLEARED Euc r° P/ 27.4 �� ' _ I� 4 165Ta`6 EL \ O T �E�' 'SMED '. PAVflErrr 2aJ w , ea( EXISTING BARN TO BE RELOCATED m r colvAcrE2 ruREi°ic°coursE 0+2 ' O X' a" Ua5 IS Y STANDARD STONE v+'srasc etEro a u Q INTO CONFORMING LOCATION PRIOR ,� Q E. 158:89'\ E \ t DANCE OF Fl N. 43'29'00 na lar FR. 19 APROVALSS NAL PLAT OI r LEND rns r✓r<°E ROADWAY 6'COIWACr£p USE COURSE 5° E10SfN� � s !n \ N m LOT 2 N m m NO SCALE ensrws MM(RGI OR arneR ti N� M N p BARN surAN.E arERac DWELLING C) w NQ m \� a.o TOTAL AREA = 37,603 sq./l. 25 < 0 q PEAS u 29,076 sq.1t excludes R 0.W. o "C I SFAWrF2r3' 4P .Ql j5 ZB--1 I ^1 2 STY FR. ,9.0• l /y� ��' 19 " ° O Q HSE mss. c Ews . '1 m��\ T H 2110' I j Y g c.P,.rh n J EL 31 19.06' 4I ,S. / 61oq. enVB/ope Aw T l ip u�a LO r, .?. 47"32'00" W. N 229.46' m y 20,229 54.17. \ T O \. ly/ SETT' I �n ` 206.80' - ro• O 166.80 < 40.0' N N ti TEST BORING d mom `S 45'35'00' W / 2 c) U 30� W . u1N W m 4130/07 I� SET `1 .p r1 31'11• 0 ro N b BY McDONALD GEOSC/ENCE N/0/F HA/RSTON w y S 25 o L 0 T 3 I I W y EL. 3/ O y __ I• MNf em°m cava 30,956s DWELLING po p I m q.//. 25 r 6roM 3TLL V iA xslt� ' s A `I .•gyp lb/clg. enve ape PUBLIC WATER C3 l5' VEGETATED BUFFER o A DECLARATION OF COVENANTS AND RESTRICTIONS 285.61' sA10KEr HAS BEEN FILED /N THE COUNTY CLERK'S OFFICE SET S 47'32'00' W AND SUCH COVENANTS AND RESTRICTIONS AFFECT ZONING DISTRICT H8 -LONG ISLAND RAIL ROAD THE SUBDIVISION AND THE PROPERTIES W/THIN. ,SCHOOL DISTRICT 5 NEW SEPTIC SYSTEM 7 BEDRpUMSESTING CESSPOOLS _ 0WNERI APPLICANT FILLED IN OR REMOVEDO BE — �- ROBERT ADIPIETRO NEW - 1750 GAL. PRECAST SEPTIC I 2980 PECONIC LANE TANK 8'0 6' DEPTH I P.O. BOX 192 2 L.Ps DEEP B'0 10 DEEP PROPERTY LINE VACANT - PECONIC, N.Y. 1/958 SUBDIVISION HAS BEEN ADOPTED PURSUANT NOTE , TO THE TERMS OF THE AMENDED CHAPTER 240 I SUBSURFACE SEWAGE SUBDIVISION OF LAND, EFFECTIVE AUGUST 24, 9004 - DISPOSAL SYSTEMS AND .HOUSE WATER SERVICE DESIGN BY" STANDARD SUBDIVISION WA JOSEPH FISCHETTI, P.E. ° SERVICE N / HOBART ROAD 11971 0 SEenC TbNK FOR THE PROPERTY OF - ., � !6311 765-2954 D S ROBERT & PA TRICK ADIPIETRO .. . " SITE A T PECONIC - ` aLS ER WATER uaN TOWN OF SOUTHOLD _ — ,- 1 F f Fl l i 2008 ROAD SUFFOLK COUNTY, N. Y. 1000- 74 - 03-18 TYPICAL PLOTPLANa- fw ��r= .ter - June 24 2005 SEPT. 8, 2007 eREVISIONSL-+ - Dir- 19, 2007 l6d"r asl Feb. l4, 2006 (additions) Jan. 31, 2008 (Revlsionsl ' KEY MAP MAY B, 2007 !TEST HOLE) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES SCALE '1"=600' HAUPPAUGE, N.Y. I HEREBY CERTIFY THAT THIS SUBGI VISION PLAT WAS MADE Tc O DATE ACTUAL SURVEYS COMPLETED /� DS_ THAT ALL MONUMENTS A SHOWN THUS, M ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY ' SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR JOHN L ME .Y.S'. L5. LIC. N0. 49618 DEVELOPMENT FOR IN THL- CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO THE WITH A TOTAL OF—LOTS WAS APPFr9VED r HEREBY CERTIFY THAT THE WATER SUPPL Y(S) ANDIOR SEWAGE DISPO FIVE EASTERN TOWNS TOPOGRAPHIC MAPS ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAI. SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY EW y FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECTBASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, MET O,P ANY ALTERATION OR ADDITION TO THIS SURVEY /S A VIOLATION AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPAR.�TE GROUND VIA TER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TOF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. PERMITS PURSUANT TO THOSE STANDARDS THIS APPROVAL ,HALL BE SUFFOLK COUNTY DEPARTMENT OF HEALTH CERVICES CONSTRUC N EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS EREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F VALID ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP h STANDARDS IN EFFECT AS OF THIS DATE. �• SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR DUL Y FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THS DATE WHOSE .7GNATURE APPEARS HEREON. _ _ CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON fYiilCH '--------------------------------------------- ADDITIONALLY -----------------------------------------"-THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN 4USTfBE USE TO COMPLY AL sS/D LAY TERM "ALTERED By " ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE t�., 'Vo, e p� OUST OT USED R ANY AND ALL SURVEYORS INSPECTED A COPY 4961 'BROUGHT ANOTHER SURVEYOR'S MAP. TERMS SUCH "INSPECTED "AND SUFFOLK COUNTY SANITARY CODE. UTILITIES - BROUGHT - TO - DATE ' ARE NOT IN COMPLIANCE WITH THE LAW. PUBLIC WATER SURVEYORS, ELECTRIC (6311 765 - 5020 FAX ( � (631) 76NIC - 1797 WALTER JHILBERT P.E. GAS A 0. BOX 909 TOTAL AREA = 2.038 ACRES, DIRECTOR, DIVISION OF ENVIRONMENTAL DUALITY CABLEVISlON 1230 SOUTHOLD,VENER 5197ET1 U3-2.7 � DRAINAGE CALCULATION .., 16' WVE PAVEMENT - 5418 sµ/I 5418 - 0.4 + OJ7+ 368 . /1 368/422 + 9 v/ WELL. PROVE 2 LA. 8Y + 5 deep DWELLING e+r ey. �' �/' C v ✓ / �' IS 3YI' I6 JTY I6' N/O/F BENINATI /�/ �, S0/4 I / 466.25' c/3Z y u++r °wu _ w 272.97, DWELLING O'9 O r N 4329'00' E _ s.59' . s - _- 298.5= 167.69.gx 4 Ir sraE s ?� :3,\ O wsrTO TO BE oss,rtn CA m :: • r "Ts Ircenw cgwst m 0 STANDARD BLEND STONE ssv xoo tar FR. bi LOT 2 ROADWAY s•rnwsc,en essc course U b BAAN 'I� / N Rf NO SCALE DWELLING n - tea' m .. `�� SO Z' 32,..`'89 sq.11. 25 - r .weew:xrd i.ae°nee SIVA= 2rA• o .ear oaa� w A po 29r076sq.ff. w/o R.O.W. a ♦ ! �..�..:..._ d 2 STY FR. w.o• E e l + a + N i V HSE axe c mo \ T FI ado, w¢c lar 1� W r 9; Y p EL.31C8 N _ / d/aq. enve`J/ope o n 4 ar LOT l m ELzs.r g S 47.32'00SW u, - 261.46' 1 11� n N `� 24,564 sq.lf. _ili-1001-- QTri- 166,80' 2/0.40' r y 20,229 sq.lt.1f w/o R.0.W.RiL c127 \ 206.80' O ° 40.0' TEST BORING T �S 45'35'00" W2 2 BL.3�DONALD GEOSCIENCE I, N/O/F HAIRSTON a LOT 3I N D ouar sRoxry tow a ° 0 31,635 sq'ft. I' y DWELLING p I ' � 30,956sq.ff. w/o R.O.W. - W PALE eRaYN FiIE Ta O /ELfY SAro 9 ' NOTE, PUBLIC WATER JGIcLg. env e/op,S' SUBSURFACE SEWAGE DISPOSAL O o EI31 SYSTEM DESIGN r• — 285.61' By, JOSEPH FISCHETTI, P.E. S 47.32'00' W HOBART ROAD SOUTHOLD, N.Y. 11971 ZONING DISTRICT - HS LONG ISLAND % RAIL ROAD (631) 765 - 2954 SCHOOL D.IS TRICT .. OWNER/ APPLICANT ROBERT ADIPIETRO 2980 PECONIC LANE P.O. BOX 192 PROPER Y VACANT PECONIC, N.Y. 11958 F ' I I i ,HOUSEWA I SERVILE SUBDIVISION N / g ,WR sePnc rbMr FOR Q< ROBERT & PA TRICK ADIPIETRO "bfb SITE A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. TYPICAL PLOT PLAN `l 1000 - 74 - 03 - 16 / , Aug 7 5 zoos �.. Scale: 7/' = 40' June 24 2005 KEY MAP - sma� h Feb. /4,. 2006T (additions) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVIC,-5 MAY le Sr NOL E)pF NEW SCALE 11"=600" HAUPPAUGE, N.Y. __ _ l HEREBY CERTIFY THA PLAT WAS MAGE FROM DATE - -AE9'Gp1.. YS CO �¢D� T TALL MONUMENTS SHOWNYM ACT L A H POSITIONS ARE CORRECTLY SHOWN AND �AALLLL^�DDII�ME l D DETAILS ARE CORRECT. THIS /S TO CERTIFY THAT THE PROPOSED REAL TY SUBDIVISION OR JOHN T. ME C NO. 49618 DEVELOPMENT FOR /N Tl-,ECON0 _ FIVVETOUR LINES AND ELEVATIONS EASTERN TOWNS TOPOGRAPHICARE PPSFERENCED r0 THE WITH A TOTAL OF_LOTS WAS PO&I. ED I HEREBY CERTIFY TH PPL Y(S) AND/OR SEWAGE DISPOSAL ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL. SYSTEM(S) FOR THIS PRO SIGNED BY ME OR UNDER MY DIRECTION FACILITIES MUST CONSTRU TO CONSTRICTION STANDARDS IN EFFECT BASED ON UPON A CAREFUL HOROUGH STUDY OF THE SOIL, SITE AND ANY ALTERATION OR ADDITION TO THIS SURVEY /S A VIOLA W0N AT THE TIME OF CONSTRUCTION AND ARE SUBJECT 70 SEPAR7 TE GROUND WATER CONDITIONS OF SECTION PER C THE NEW YORK STATE EDUCATION LAW. , ALL LOTS AS PROPOSED, CONFORM TO THE EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS PERMITS PURSUANT E THOSE STANDARDS THIS APPROVAL SHALL BE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION EREON MAP VALID FOR R T MAP AND COPIES THEREOF ONLY E VALID ONLY W1 THE REALTY SUBDIVISION/DEVELOPMENT MAP IS STANDARDS IN EFFECT AS OF THIS DATE. SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF lrllS GATE. WHOSE .7GNATURE APPEARS HEREON. CONSENT/S HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH --------------------------------------------- ADDITIONALLY TO COMPLY WITH SAID LAW TERM -ALTERED BY • THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN - BUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEAL TH LAW AND THE OF ANOTHER SURVEYOR'S MAP. TERMS SUCH ' INSPECTED 'AND SUFFOLK COUNTY SANITARY CODE. BROUGHT - TO - DATE 'ARE NOT IN COMPLIANCE WITH THE LAW. PECONIC SURVEYORS, P.C. (631) 765 - 5020 FAX (631) 765 - 1797 WALTER J.HILBERT, P.E. P. O. BOX 909 TOTAL AREA = 2.038 ACRES, DIRECTOR, DIV/S/ON OF ENVIRONMENTAL QUALITY 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 03-217 i a W01F BENINATI 466.25' y 2f2.97 0.9 - G6P pO 2 _ 25.59' 2.98.5= O N 43'29'00' E a - Oo 167.69' � DI ro P r� m ,ar RR, Fq LOT 9 ro m m u O Vti m _ u. BARN 32,589 sq.lf. 25 O , 43 _ �o m o y.a 29 8/7 s /l. wl R.O.W. 2 STY FR. " HSE N Y 3aa o \ / d1o'4. enve/ape n n W �P _ g -°�sc LST 1 w S 47.32'00" W o, 26/.46' m m m 24,564 sq.fl. a 26.05' 235.41' N y 20,229 sq.ff. m N\ p w/a R.O.W. A' T OQ 206.80' FR 166.80' N 40.0' GAR. u S 45135'00' W 2 q g N/O/F HAIRSTON a 65.79' LOT 3 w FR. GAR. TO BE 31,635 sq./I. OVEO 29,291 sq.ft. w10 R.O.W. � p 25 y ZE U'S O p ` NO TE, ,p J61 ej, env ee/ape SUBSURFACE SEWAGE DISPOSAL SYSTEM DESIGN � BY' JOSEPH FISCHETTI, P.E. 285.61' HOBART ROAD S 47'39'00' W SOUTHOLD, N.Y. 1197/ (631) 765 - 2954 ZONING DISTRICT - HB SCHOOL DISTRICT 5 - ROAD ISLAND RAIL ROD OWNER/ APPLICANT ROBERT ADIPIETRO 2980 PECONIC LANE PRa&RTY P.O. BOX 192 PECONIC, N.Y. 11958 HOUSE b = 'WAMR SERVICE SUBDIVISION 'TC 'IV 3 SETPNK FOR At �'� `' ;" a� � ROBERT & PA TRICK ADIPIETRP .. wN A T PECONIC _ S,TEPOOLSTOWN OF SOUTHOLD t. Pr WATER "N ROAD SUFFOLK COUNTY, N. Y. TYPICAL PLOT PLAN 1000 - 74 - 03 - 16 r FFn 7. 8 tom ... Scale I" = 40' / June 24 2005 Feb. 14, 2009 (additions) flENE{y KEY MAP `rti l' \ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES M SCALE H"=600' HAUPPAUGE, N.Y. l HEREBY CERTIFY THAT THIS SUBDIVISION PLAT WAS MADE FROM `° ��t CT,Tc DATE ACTUAL SURVEYS COMPLETED �/ ADS_ THAT ALL MONUMENTS �fl Kp SHOWN THUS' M ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. JO N L METIc, N.Y.S. L.S. LIC. NO. 49618 THIS IS 70 CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR /-? --- .q.'a.49658 DEVELOPMENT FOR IN THE ��vS` W/THA TOTAL OF_LOTS WAS APPROVED / HEREBY CERTIFY THAT THE WATER SUPPL Y(S) ANO/OR SEWAGE DISPOSAL OCAk'D SUFy� ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT BASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE GROUND WATER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TO THE OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAI SHALL BE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONSVALID ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAI' IS STANDARDS IN EFFECT AS OF THIS DATE. EREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. WHOSE 7GNATURE APPEARS HEREON. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH --------------------------------------------- ADDITIONALLY TO COMPLY WITH SAID LAW TERM 'ALTERED BY ' THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN JUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE OF ANOTHER SURVEYOR'S MAP. TERMS SUCH " INSPECTED 'AAO SUFFOLK COUNTY SANITARY CODE. PECONIC SURVEYORS, P.C. ' BROUGHT'- TO - DATE " ARE NOT IN COMPLIANCE WITH THE LAW. (63/) 765 - 5020 FAX (631) 765 - 1797 WALTER J.HILBERT, P.E. P. 0. BOX 909 DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY 1230 TRAVELER STREET TOTAL AREA = 2038 ACRES, SOUTHOLD, N.Y. 1/971 03-217 SCDHS Ref. S/0-07-00/1 ANY ALrERAr/ON OR ADDITION To THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209 - SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF EV �• - SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 2h 00. a66 `�4„ iso I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCT/ON OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY* RESIDENCES / - and will abide by /he conditions se/ forth therein and on the permit to construct. The locations of wells and cesspools shown hereon are from field observations and or from data obtained from others. r'- 4,11 SEWAGE DISPOSAL S-YSTEM \r0 A6 \ 4 BEDROOMS MAXIMUM l 1000 ya/ PRECAST SEPTIC TANK I LEACHING POOL 8'0 • 12 DEEP - a` DOME WITH 3' SAND COLLAR ISWJ THERE ARE NO WELLS WITHIN 150' OF THE CESSPOOLS / - a �\ .1S - g �\\� o� & \� o"� A / Ns Q`° ✓ �20� � SURVEY OF PROPER T Y OPS 0 �ti\ 2��° 5 A� A T PECONIC '�. M �Sa. TOWN OF SOUTHOL D Re3o-;� �o»�. SUFFOLK COUNTY , N. Y. y2 �h \,9 " ��: 1000-74-03-P/O 16 s. �\ �9 s�o F{ SCALE :1'=-40' July 7, 2008 A� OF NEW YOrrr IVol 5 ��S.METZC Q _ Oyu° gyp 0 LOT NUMBERS ARE REFERENCED TO "STANDARD SUBDIVISION u� FOR PROPERTY OF ROBERT 8 PATRICK ADIPIETRO- S Ll NO. 496/8 F� 02 0. TOTAL AREA = 33 969 sq.ft. ECONi a F< AREA OFLOT2INR.O.VV. = 4893sq.ft.� rs3N 7s - lJ 765 - 1797 r 30 P. O. BOX EI.EVAT/ONS ARE REFERENCED TO THE FIV£ EASTERN SOUTHOLD,1230 TRAVELER STREET TOWNS TOPOGRAPHIC MAPS 03-217 - 2 DRAINAGE CALCULATION CLEARING LIMITS _ SCOHS Rel, SIO-07-0011 IMT wR WAY mv. 5, 8 +- 0.6 • 0J7 - 553 syr, /h PAVEMENT - SMB M 55LOT I - CLEARING LIMITED TO 60% nro'_ _ 553/42.2 '13 VF LOT 2 - CLEARING LIMITED TO 50% PROVDE 2 Lys ey , TPq dspM Mlpp!-E ROAD LOT 3 - CLEARING LIMITED TO 50% � (C.R. '48), ler Ire, . DWELLING I aro• oro• Ir m• I Sro• err snRE FW. M BENINAT1 Fa % Eam*a \ �F 466.25' el V_ y IVR+r RF I w+r o G L P 272. 7' ,p '. w o,�. 7 BUFFER o = DWELLING ' iz• W/s 2o'b 15�20•r VEGF_TATE.�-L --''� p ''L°n' ^' rwsos ■gorTL N 43'29'00' E _- —_ _- __ x -� �_.—, \LIMTs aF CLE44�I to OE —193.28 = =_r S rr eioRE 0. a.e ss : • U I Vi O r1 e4> ,q ` 11 GRAx e el Er.A - 12.33' _ Com / iJ% 1158.89' MwrHT ? ; ^-y` r Lft ' o o rn RAw N. 43'29'00' E. __ -_ — II I STA " -2'94• -- 158.89' h sr FFL ( N BLEND STONE �+ 1 � D f .vs•srarc n rwRw rourx_ _ 1 rJ AOMWi� ni r� N. 43'29'00 EQ 29.7 S �. C� ROADWAY my cA W ux rouF m U iisR a. ea Lwira of cL�A Gy�29�T IB'i rya213 \ O1 ¢ 'mss LOT 2 NO SCALE ., W ' Ozer i� N TOTAL AREA 33,969 sq.lf 25 Ensnz uxr RMv aR DWELLING n wur.e rsrERWL Q an.RTnc Rar orr u w 0 AREA OF LOT 2 IN R.O.W. o 'C Z E i WAme° er.B• a Co) 4893 sq./l. I A 2 STY FR. H. ' Sr 0 40 o NSE n lZ - �OR'/E r>"••-- �I L�LEARING / 6lacq. enve{fie < WELL 3r ID, 9, 'v qLe� Rw Caln ea 19.06' t—v n �f QT'l 4nm zs.T $ o`• 2/0.40' Z - S. 47'32'00' W. N 229.46' C L N zr 20,22.9 so.ff. m oYP u m ; 22 G€7 Ilp . 3a•r MON '— :; � ' A TEMPORARY CONETRUCTnA' y a] DRIVEWAY! TO B RE14V E ) y.CT N V}-_r eN H WELL o N 47e 'I P \ 206.80' 166.80' 40.0�� O.p wis PROP I $ O jj MGN. 'S 45'35'00' W 2 26'7 yI,?6'rmTV ISE g ( N SEPTIC SYSTEM TEST BOPI.NG p _ U! sr FFLR a- •q 1 BY McOONdL f. GEOSC/ENCE rNc xT ; N/O/F HAIRSTGN A U '`• 3� II25 00 T yp ' MxO+x"o`'� L OT I •n, a ..�a MEASUREMENTS 1, .A. B' EL. 3( I Vw m w,N LOAM a \ o Wo I187 ' O TOTAL AREA = 34,590 sq.11. !" ST 246' 26' s xoWN scT ML ` DWELLINS d \�1 AREA OF LOT 2 IN R.O.W. LP#1 476' 46' / Q'1s \ .� 3634 sq.F1. ILS LP#2 50' S3' wEL T \ �'- ` I9'T O l) I _1 LIMii5 OF CLEARING _1J Y LE MOWN FIE TO rn 1 N^ AE 0031Sun sP y b /8•T bldg. 4me/o s� 4'(T7 d 93/ PUBLIC WATER O IB' 34'7 1 l5' VEST TATfiJ BUFFER 0 A DECLARATION OF COVENANTS AND REST/7/CT/9f47, 285.6!' SET HAS BEEN FILED IN THE COUNTY CLERK'S CFF1Cf SET S 4732'00' W AND Sld^.H COVFNANTS AND PF^TPJCTIONS AFFE'_-T I THC SUBDIVISION AND '1'J£ PA. PFrRTICS :l'ITIAAI. Z0,10 DIsTRIC7- k43 LONG ISLAND PAIL ROAD �, - „1D 1;'p, D VEW SEPTIC 4YS I'EM 7 BEDROOMS _ "OUTHOLD HIGMHAY DEPARTMENT, IN W'ti/TINGr OWNER/ 4PPLICANT EXISTING CESSPOOLS IN OR REMOVEDWOO BE AT LEAST 24 HOURS BEFORE COMMENCING ANY WORK, ALL 4 H WITHIN THE TOwN RIGHT OF W1 Y ROBERT 8 PATRICK ADIPIETRO NEW - 1750 GAL. PRECAST SEPTIC I HIGHWAY DEPA4 MENT:MUST BE INSPECTED ND APPROVED BY THE TOWM 2980 PECONIC LANE TANK B'0 • 6' LIQUID DEPTH I P.O. BOX 192 L.P.s 8'0 10 DEEP PROPERTY LmE VACANT PECONIC, N. Y. 11958 +ELL SUBDIVIS'ON HAS BEEN ADOPTED PURSUANT NOTE TO SUBDIVISION OF LAND,EFFECTIVE AUGUSTR2240i004 SUBSURFACE SEWAGE r DISPOSAL SYSTEMS AND HOUSE / WATER SERVICE DESIGN BY' L wArER STANDARD SUBDIVISION JOSEPH FISCHF-TTI, P,E. 6 SERVICE HOBART ROAD rcA R Ela •LINR FOR THE PROPER Y OF - - N 4 SOUTHOLD, N.Y. 11.971 ° MIN Al 16311 765-2954 R ROBERT & PA TRICK ADIPIETRO Ag ' ,, - - " SITE �„ A T PECONIC ITL JUN - 1 2010 P°aM TOWN OF SOUTHOLD L WATER MAN ROAD SUFFOLK COUNTY, N. Y. --- 1000- 74 - 09-16 TYPICAL PLOT PLANSCALE r•W 40' . a. w• Go .� June 24 2005 �r.18, Wor IdR1M 1 DEC. 15, 200(TEMPlDRIVE KEY MAP \ Feb. 14, 2006E (additions) Jen, 31, 2006 (Revisions) FEB. 3 2010 (eddRbnG) MAYA 2007 (TEST HOLE) JULY 8, 2008 Mvislww) Fsb. 21f, 2010'TeMNene) SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES MRY IT, 2010 (GddifI SCALE r1"-600' HAUPPAUGE, N.Y. I HEREBY CERTIFY 7HAT THIS SUBDIVISION PLAT WAS MADE FROM DA FF ACTUAL SURVEYS COMPLETED &1?+/a5l THAT ALL MONO SHOWN THUS, M ACTUALLY EXIST AND THEIR POSITIO ECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETA 14ME 6 THIS /S TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR JOHN L M,_T� DEVELOPMENT FOR IN THE CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO THE WITH A TOTAL OF_LOTS WAS APPROVED I HEREBY CERTIFY THA T THE WA TER SUPPLY( ! D/ E IS OSAL FIVE EASTERN TOWNS TOPOGRAPHIC MAPS ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL SYSTEM(S) FOR TH1. PROJECT WERE DESIGNED Y IREC TION FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT BASED ON UPON A CAREFUL AND THOROUGH S 0 TE AND ANY ALTERATION OR ADDITION TO THIS SURVEY /S A VIOLATION AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE GROUND WATER CONDITIONS, ALL LOTS AS PROP THE OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVI Q,(afjT' ION EXCEPT AS PER SECTION 7209 - SUBDIVISION 2 ALL CERTIFICATIONS NLY F VALID JNLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP 15 STANDARDS IN EFFECT AS OF THIS DATE. SAID EMAP OR COPIES BEAR ON ARE VAI ID FOR /THE IMPRESSED COPIESP AND ALHOF THE EREOF OSURVEYOR DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE WHOSE IGNATURE APPEARS HEREON, CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH -------------------------------- ------------ 4DDIrIONALLY TO COMPLY WITH SAID LAW TERM - ALTERED BY - THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN - dUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY ACCORI.ANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE UTILITIES OF ANOTHER SURVEYOR'S MAP. TEP,.V.5 SUCH -INSPECTED 'AND SUFFOLK COUNTY SANITARY CODE. - TREE 18' DID. of DBH ' BROUGHT - TO - DATE ' ARE NC.T IN COMPLIANCE WITH THE LAW, PUBLIC WATER PECONIC SURVEYORS, P.C. ELECTRIC (631) 765 - 5020 FAX (63/) 765 - 1797 WALTER I..HILSERT, P.E. GAS P. 0. BOX 909 TOTAL AREA = 2.038 ACRES, DIRECTOR, DIVISION OF ENVIRONMENTAL QUALITY CABLEVISION 1230 SOUTHOLDVENER STREET 03-21 -7