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HomeMy WebLinkAbout1000-107.-1-2.11 May 15, 2003 Town of Southold Planning Board Mr. Bruno Semon P.O. Box 1179 Southold, NY 11971 William J. Smith Dennis A. Schrader 1200 East Mill Rd. Mattituck, NY 11952 Phone 298-3510 Fax 298-3514 Dear Mr. Semon, With regard to our previous letter dated April 1st 2003, please accept this letter as our withdrawal of the proposed lot line change. No further changes to existing conditions will be considered at this time. ~9~lffath J. Smxt~g~ Dennis A. Schradi~r PLANNING BOARD MEMBERS BENNETT ORLOWStCI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Date: May 1, 2003 To: From: Re: Planning Board Members Bruno Semon, Senior Site Plan Reviewer~ Lot Line Change for Mr. Smith & Mr. Schrader 1160 & 1200 Mill Road Mattituck SCTM# 1000-107-1-2.1, 2.2 & 2.3 Representation: Owners RE.' 1 ) Requesting a lot line change to eliminate a lot. Zones: R-80 In response to the question from the Planning Board at the work session of April 28, 2003. Attached you will find research of this site for your review. Enclosed is a copy of the declaration of covenants and restrictions of the Mattituck Creek Estates subdivision, along with correspondence on the use of the property. 1. If in agreement with the proposed lot line change, the board will need to approve the c/r's at a Public Meeting. See the c/r's item number 6. 2. Please refer to the letter from Mellisa to Ed Forrester for a summarized history. The file does not contain a reply to this letter. 3. Please see the letter from Landcraft dated 3/6/98 on use of the area south of the LILCO easement. The file does not contain a reply to this letter and no approval of this area as a building envelope. The application is on the agenda for our Work Session 5/5/03. Thank you in advance. Cc: file, PB, VS, MT Enc. April 1, 2003 Town of Southold Planning Boa Mr. Mark Terry P.O. Box 1179 Southold, NY 11971 William J. Smith Dennis A. Schrader 1200 East Mill Rd. Mattituck, NY 11952 Phone 298-3510 Fax 298-3514 Dear Mr. Terry, As per our phone conversation yesterday this letter outlines the requested lot line change for the properties detailed below. To summarize; · It is our desire to increase the lot size of Lot # 3 in order to accommodate the expansion of the existing residence with an addition to the west. · Our proposal is to eliminate Lot # 2 and redistribute the property to adjoining lot # 1 and lot # 3 as detailed on enclosed map. · Lot # 3 would increase from the current 30,000 square feet to become 51,300 (approximately) a net gain of 21,300 square feet: 10,800 from lot # 2 and 10,500 from lot # 3. · Lot # 1 would increase from the current 668,227 square feet to become 680,450 square feet (approximately) gaining 22,723 square feet from lot # 2 and loosing 10,500 square feet to lot # 3 Property Info: "Mattituck Creek Estates" filed March 25, 1992 Lot # 1, Tax Map # 1000-107~01-1 Owned by Landcraft Environments, a partnership, William J. Smith & Dennis A. Schrader partners Property contains multiple greenhouses and outdoor growing areas for agricultural wholesale nursery business. Lot # 2, Tax Map # 1000-107-01-2 Owned by Dennis A Schrader Property contains 1 V2 story framed building which serves as a barn/storage/office for agricultural wholesale nursery business. Property also contains a gutter connect greenhouse. Lot # 3, Tax Map # 1000-107-01-3 Owned by William J. Smith & Dennis A. Schrader Property contains 2 story residence with detached garage. Please contact us to schedule a meeting to discuss the procedures required to accomplish the above. Sincerely, /~,~ // Smith]_~ / X, ~ ~illYai;n J. / De~mis A. Schrader ROAD ,~6&~.G ~_~ $0~00 '~-t' ~,oOOO ~,.~1. ENVIRONMENTS 516 298-3510 1200 EAST MILL ROAD MATTITUCK, N.Y. 11952 March 6, 1998 Ms. Melissa Spiro Planning Board Office, Town of Southold P.O. Box 1179 Southold, N.Y. 11971 RE: Lot # 1 of Mattituck Creek Estates Subdivision SCTM# 1000-107-1-2.1 FAX 298-3514 Southold Town Planning Board Dear Ms. Spiro, Landcraft Environments, a partnership, is the owner of the above referenced property. On Sept. i, 1997 Landcraft Environments entered into a lease as Land- lord with Glovers Perennials, LLC as tenant for a portion of the above refer- enced property (see attached map). Glovers perennials will be using this land to grow ornamental perennials. These container grown plants must be protected during the winter for a period of approximately 3 to 4 months. Glovers perennials has provided cover with what is refered to in this industry as "Cold Frames" or "Over-Wintering houses". This consists of a single layer of white plastic supported by bent pipe. This eguipment has no foundation or footings of any kind. They are not heated. During tile remaining 8 or 9 months of the year these covers are removed and the plants and ground beneath are open to the elements. On March 2, 1998 Glovers Perennials was visited by Mr. Edward Forrester, the Director of Code Enforcement. He reported that an adjoininh neighbor complained that this operation was in violation of the covenants and restrictions of this property. ~e realize that there is some discrepancy, currently being reviewed by the town, as to whether or not these covers are considered structures. It is our understanding that they are not structures but rather necessary agricultural equipment as defined by The State of New York Department of Agriculture and Markets. Ye did not believe that this use required planning board approval or build- ing permits. If in fact the planning board feels differently this letter is a request for permission for this operation to continue as it is a bonafide agricultnral enterprise. Please let us know if we can be of any further assistance in this matter. ~ilYi~ Smit ,b~par tner V~ Dennis Schrader, partner PLANNING BOARD MEMBERS BENNETT ORLOWSKI. JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: Ed Forrester, Director of Code Enforcement Melissa Spiro, Planner~ RE: Construction within Agricultural Reserve Area on Lot #1 of Mattituck Creek Estates Subdivision SCTM# 1000-107-1-2.1 DATE: February 265, 1998 I have enclosed a letter dated February 16, 1998, from neighboring property owners of the Mattituck Creek Estates subdivision. The neighbors are raising several questions in regard to the uses occurring on the property. On February 24, 1992, the Planning Board approved the major subdivision of Mattituck Creek Estates. Lot #1 of the subdivision included a designated building envelope and an Agricultural Reserve Area. By resolution on June 29, 1992, the Planning Board amended the building envelope for Lot #1 (Exhibit 1). By a second resolution on April 11, 1995, the Planning Board again amended the building envelope for Lot #1 (Exhibit 2). A Declaration of Covenants and Restrictions was recorded as part of the final subdivision approval. Condition Number 4(i) of the Declaration requires the fo]lowing in regard to the Agricultural Reserve area: "Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval." "No streets, roadways or other rights of way for non-farming vehicular use shall be constructed or granted thereon." Please refer to the enclosed Declaration for additional information pertaining to the Agricultural Reserve Area. The Planning ~ai~u~.~J~r~L~ .~$~a~t~l~n ~ ~li~oft ~ ':2; the Planning Board asked me to refer the enclosed letter to you for your review of the placement of the greenhouses. The Planning Board is not in favor of allowing greenhouses in areas other than the designated building envelopes. In addition, please advise in regard to the use of the right-of-way mentioned in the letter. Please let me know if you require any additional information. RO~D .50000 {of meetlY February 16, 1998 Mr. Bennett Orlowski, Jr. Planning Board Southold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: Southold Town Planning Board For the past seven months we have been watching the neighboring property known as Mattituck Creek Estates which fronts on Grand Avenue and Mill Road in Mattimck. Several years ago a piece of property and a house were sold on Mill Road and several greenhouses were constructed. It was always our understanding that there was an open space easement on this subdivision and the SE portion was to remain undeveloped. We were also told by the town that no greenhouses were ever to be constructed south of the electrical wires that run through the property. During the past seven months, the construction of greenhouses is well south of the power lines. We also notice the establishment of a right-of-way across the open space area to Grand Avenue where large trucks have made deliveries. Is this construction legal and has it been approved by Southold Town? Were permits issued to develop this open space? Were certified letters sent to all owners of surrounding property informing them of a zoning change in this area? We are enclosing a copy of a map we obtained from the Stype Agency. We hope you will give this matter your immediate attention. Sincerely, -- H. John Pavlak 3625 Gram Ave., P.O. Box 962 Mattimck, NY 11952 William Burrows 4340 Grand Ave., P.O. Box 216 Mattituck, NY 11952 Enc. 1 PLANNING BOARD MEMBERS Richard G. Ward, Chairman George RJtchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hal(, 53095 Main Road P.O, Box1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11. 1995 William Smith Landcraft Environments Ltd. 1200 East Mill Road Mattituck, New York 11952-1289 RE: Approved Major Subdivision Mattituck Creek Estates SCTM~ 1000-107-1-2 Dear Mr. Smith: The following took place at the April 10. 1995 Planning Board public meeting: WHEREAS, the major subdivision. Mattituck Creek Estates was approved by the Southold Planning Boat*d on February 24, 1992, and filed in the Suffolk County Clerk's Office on March 25. 1992; and WHEREAS, a Declaration of Covenants and Restrictions was required by the Planning Board as a condition of final subdivision approval, and such document was filed in the Suffolk Count,/ Clerk's Office in Liber 11421, Page q~8; and WHEREAS, condition Number 4(i) of the Declaration of Covenants and Restrictions requires that: "Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval"; and WHEREAS, on March 10, 1995, the Planning Board received a letter from William Smith and Dennis Schrader, who are currently leasing Lot Number 1 in the Mattituck Creek Estates subdivision, and who plan to purchase Lot Number 1 in this subdivision, in regard to locating greenhouses in areas other than the designated building envelope for this lot; and WHEREAS, the Planning Board has reviewed the March 10, 1995 letter, in which a particular area was proposed to locate greenhouses within the Agricultural Reserve Easement Area, and WHEREAS, after discussing the proposed location with William Smith, the Planning Board determined that an alternative site, on the north side of the existing LILCO easement, would be a more suitable location within the Agricultural Reserve Easement Area to locate greenhouses since the alternative location would allowed the greenhouses to be located adjacent to the existing building envelopes for the subdivision; be it therefore RESOLVED that the Planning Board allow William Smith and Dennis Schrader to locate greenhouses within the area of the Agricultural Reserve Easement Area shown on the attached map dated April 7, 1995 and as described below: 1. Beginning at the southwest corner of Lot Number 2; Running thence from said point of beginning along the southerly side of Lot Number 2, 294.29 feet; Running thence North 67 feet; Running thence along the southerly side of Lot Number 3, 150 feet; Running thence South 19 degrees 53' 19" East, 155 feet to the northerly line of the LILCO Easement; Running thence 275 feet to the easterly side of the building envelope setback line for Lot Number 1 (as amended by Certificate of Correction executed on June 22, 1992); Running thence 120.71~ feet along the easterly side of the building envelope setback line for Lot Number 1 to the point of beginning. A minimum sideyard setback of twenty (20) feet from the southerly property llne of Lot 2 and 3 is required within the area described above. Any use other than that described in the letter dated March 10, 1995 from Dennis Schrader and William Smith is subject to Planning Board approval. In addition, the Planning Board has reviewed the request to extend the north-west corner of the established building envelope for Lot Number 1 by approximately 750 square feet to allow construction of greenhouses in a square and perpendicular manner. The Planning Board will allow the greenhouses to be constructed in this location since the original building setback was established from the Natural Vegetation Retention Buffer Area rather than from Mill Road. Please contact this office if you have any questions regarding the above. Chairman enc. ~ cc: Buildin~ Department Jim Cohill ROAO NO~ 11421 445 ~ ~[A-NNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the 24th day of February, 1992, by JAMES H. COHILL, residing at 131 South Awixa Ave., Bay Shore, New York 11706, Declarant. WHEREAS, Declarant is the owner of certain real property situate in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule annexed hereto, as provided by the Declarant, and )ist.: 000 0700 WHEREAS, for and in consideration of the granting of a subdivision application entitled, "Major Subdivision - Mattituck Creek Estates", by resolution dated October 1, 1991, a copy of which is attached hereto and made a part hereof, 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 ot: 20~0 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: ~'=~urchasers · egal representatives, wit: ' THAT Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admits, publishes, covenants and agrees that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land an shall be binding upon all and holders of said premises, their heirs, executors, distributees, successors, and assigns, to The area on the subdivision map designated "Natural Vegetation Retention Buffer" is designated as such to protect the steep sloped areas of the site from unnecessary erosion. This area shall remain in its natural state. Maintenance of this natural vegetation shall be the only use or activity allowed. a) farming operations and activities [including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b d open fallow; operations encompassing livestock and livestock products (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board; landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for -2- 1 ,450 compatible recreational uses, which are found acceptable and reasonably necessary by the Planning board and which are subject to approval by the Planning Board. The following shall be adhered to on the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation or loss of the aesthetic open space value of said premises: a) It shall be managed in accordance with the conservation plan developed by the Soil Conservation Service for this particular property, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other rights of way for non-farming vehicular use shall be constructed or granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within thc said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement or display. i.) / Tcmpo[ary or permanent structures or buildings shall ~ not b~ placed or erected within or upon the ~aid premises without Planning Board approval. Structures -3- J) (including, but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. Retail sales shall be restricted to the sale of items produced on the property, and shall be su~bject to Planning Board approval. The Declarants reserve the right to the exclusive use and possession of the area known as the Agricultural Reserve Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarants may exclude the general public or any designated person or persons from the use of or entry upon the said Agricultural Reserve Easement, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and. provisions hereof, and to assure that such covenants, terms and provisions have not been violated, such inspection to be at reasonable times. In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarants, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. IN WITNESS WHEREOF, the Declarant has hereunto set his hand and sea] the day and year above written. JAMES H. COHILL -4- 11421P 452 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On this 24th day of February, 1992, before me personally came JAMES Ho COHILL, owner of certain real property located on Mill Road and Grand Avenue, Mattituck, New York, the subject property covered by this Declaration; that he did read the above Declaration of Covenants and Restrictions and understands its contents; that he did swear to me that he executed the same. Notary Public / ??3 -5- BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 24, 2000 James Glover Glover Perennial Growers P.O. Box 1587 Mattituck, NY 11952 Dear Mr. Glover, The Planning Board has reviewed your proposal to build a greenhouse on property that you have leased at SCTM # 1000-107-1-2.1. This parcel is the Agricultural Reserve Easement Area of the Mattituck Creek Estates subdivision. The Covenants and Restrictions filed on the subdivision prohibit non-agricultural buildings in the easement area, and all agricultural buildings must receive Planning Board approval. The building you propose is 96 fi. long, 27 fi. wide, and 12 fi. high. The Planning Board finds these dimensions acceptable. The location suggested is 117 fi. from the western property line and approximately 90 fi. south of the utility easement. This location has also been approved. Any significant alterations of size or location should be submitted to the Planning Board. The Planning Board realizes that greenhouses, although an agricultural use, have a different visual impact from other fanning operations. The Planning Board may require landscaping to offset these visual impacts if the greenhouse operations on the property are further expanded. A copy of this letter has been given to the Building Departmem on your behal£ Sincerely, Craig Turner, Planner Site Location: 1160 East Mill-Road Mattituck, NY 11952 GLOVER PERENNIAL GROWERS Specialty Groundcovers and Perennials TEL: ($15) 2~8-1492 FAX: ($t5) 298-t493 Mailing Address: P.O. Box 1587 Maffituck, NY 11952 October 6, 2000 Dear Plannin~ Board members: I am writing to the Planning Board to formally request permission to construct one greenhouse in the Mattimck Creek Estates subdivision, section 107, block 1.00, lot 2.00. This lot is owned by Landcraft Environments and is leased in part to Glover Perennials L.L.C. The prope~ed greenhouse will be located within the boundaries of Glover Perennials L.L.C. leased ~ea and will be for agricultural purposes only. The dimensions of this greenhouse will be as follows: 96 feet long, 27 feet wide and 12 feet tall. Its type of construction will be a polyethylene covered "hoop house" with groundposts 4 feet on center. If you have any further questions please contact me at 298-1492. Thank you very much for your consideration. Sincerely, Southold Town Planning Board ENVIRONMENTS 1200 EAST MILL ROAD MATTITUCK, N.Y. 11952 516 298-3510 FAX 298-3514 March 6, ~998 Ms. Melissa Spiro Planning Board Office, Town of Southold P.O. Box 1179 Southold, N.Y. 11971 RE: Lot # 1 of Mattituck Creek Estates Subdivision SCTM# 1000-107-1-2.1 Southold Town Planning Board Dear Ms. Spiro, Landcraft Environments, a partnership, is the owner of the above referenced property. On Sept. 1, 1997 Landcraft Environments entered into a lease as Land- lord with Glovers Perennials, LLC as tenant for a portion of the above refer- enced property (see attached map). Glovers perennials will be using this land to grow ornamental perennials. These container grown plants must be protected during the winter for a period of approximately 3 to 4 months. Glovers perennials has provided cover with what is refered to in this industry as "Cold Frames" or "Over-Wintering houses". This consists of a single layer of white plastic supported by bent pipe. This eguipment has no foundation or footings of any kind. They are not heated. During the remaining 8 or 9 months of the year these covers are removed and the plants and ground beneath are open to the elements. On March 2, 1998 Glovers Perennials was visited by Mr. Edward Forrester, the Director of Code Enforcement. He reported that an adjoininh neighbor complained that this operation was in violation of the covenants and restrictions of this property. We realize that there is some discrepancy, currently being reviewed by the town, as to whether or not these covers are considered structures. It is our understanding that they are not structures but rather necessary agricultural equipment as defined by The State of New York Department of Agriculture and Markets. We did not believe that this use required planning board approval or build- ing permits. If in fact the planning board feels differently this letter is a request for permission for this operation to continue as it is a bonafide agricultural enterprise. Please let us know if we can be of any further assistance in this matter. Dennis Schrader, partner PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: Ed Forrester, Director of Code Enforcement Melissa Spiro, Planner~ RE: Construction within Agricultural Reserve Area on Lot #1 of Mattituck Creek Estates Subdivision SCTM# 1000-107-1-2.1 DATE: February 265, 1998 I have enclosed a letter dated February 16, 1998, from neighboring property owners of the Mattituck Creek Estates subdivision. The neighbors are raising several questions in regard to the uses occurring on the property. On February 24, 1992, the Planning Board approved the major subdivision of Mattituck Creek Estates. Lot #1 of the subdivision included a designated building envelope and an Agricultural Reserve Area. By resolution on June 29, 1992, the Planning Board amended the building envelope for Lot #1 (Exhibit 1). By a second resolution on April 11, 1995, the Planning Board again amended the building envelope for Lot #1 (Exhibit 2). A Declaration of Covenants and Restrictions was recorded as part of the final subdivision approval. Condition Number 4(i) of the Declaration requires the following in regard to the Agricultural Reserve area: "Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval." "No streets, roadways or other rights of way for non-farming vehicular use shall be constructed or granted thereon." Please refer to the enclosed Declaration for additional information pertaining to the Agricultural Reserve Area. The Planning Board has not allowed the const.ruction of greenhouses in , an~ area other than that shown on Exhibit 2. At the February 23, 1998,' work session~ the Planning Board asked me to refer the enclosed letter to you for your review of the placement of the greenhouses. The Planning Board is not in favor of allowing greenhouses in areas other than the designated building envelopes. In addition, please advise in regard to the use of the right-of-way mentioned in the letter. Please let me know if you require any additional information. RO D ~O00O -50000 st- PARCEL TO B£ Tt~F. TO'W N 0 AR~iA = ?_47 $ I February 16, 1998 Mr. Bennett Orlowski, Jr. Planning Board Southold Town Hall P.O. Box 1179 Southold, NY 11971 Dear Mr. Orlowski: $outhold Town t:iannin9 Board For the past seven months we have been watching the neighboring property known as Mattituck Creek Estates which fronts on Grand Avenue and Mill Road in Mattimck. Several years ago a piece of property and a house were sold on Mill Road and several greenhouses were constructed. It was always our understanding that there was an open space easement on this subdivision and the SE portion was to remain undeveloped. We were also told by the town that no greenhouses were ever to be constructed south of the electrical wires that run through the property. During the past seven months, the construction of greenhouses is well south of the power lines. We also notice the establishment of a right-of-way across the open space area to Grand Avenue where large trucks have made deliveries. Is this construction legal and has it been approved by Southold Town? Were permits issued to develop this open space? Were certified letters sent to all owners of surrounding property informing them of a zoning change in this area? We are enclosing a copy of a map we obtained from the Stype Agency. We hope you will give this matter your immediate attention. H. John Pavlak 3625 Grand Ave., P.O. Box 962 Mattimck, NY 11952 William Burrows 4340 Grand Ave., P.O. Box 216 Mattimck, NY 11952 Enc. 1 PLANNING BOARD MEMBERS Richard G. WanJ, Chairman George Ritchie Latham, Jr. Bennett OHowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New Yon~ 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11. 1995 William Smith Landcraft Environments Ltd. 1200 East Mill Road Mattituck, New York 11952-1289 RE: Approved Major Subdivision Mattltuck Creek Estates SCTM~ 1000-107-I-2 Dear Mr. Smith: The following took place at the April 10. 1995 Planning Board public meeting: WHEREAS. the major subdivision. Mattituck Creek Estates was approved by the Southold Planning Board on February :Z~. 1992, and filed in the Suffolk County Clerk's Office on March 25. 1992; and WHEREAS. a Declaration of Covenants and Restrictions was required by the Planning Board as a condition of final subdivision approval, and such document was filed in the Suffolk County Clerk's Office in Libor 11~21. Page 4~8; and WHEREAS. condition Number u.(i) of the Declaration of Covenants and Restrictions requires that: "Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval"; and WHEREAS, on March 10, 1995, the Planning Board received a letter from William Smith and Dennis Schrader, who are currently leasing Lot Number I in the Mattituck Creek Estates subdivision, and who plan to purchase Lot Number I in this subdivision, in regard to locating greenhouses in areas other than the designated building envelope for this lot; and WHEREAS, the Planning Board has reviewed the March 10, 1995 letter, in which a particular area was proposed to locate greenhouses within the Agricultural Reserve Easement Area, and WHEREAS, after discussing the proposed location with William Smith, the Planning Board determined that an alternative site, on the north side of the existing LILCO easement, would be a more suitable location within the Agricultural Reserve Easement Area to locate greenhouses since the alternative location would allowed the greenhouses to be located adjacent to the existing building envelopes for the subdivision; .~ be it therefore RESOLVED that the Planning Board allow William Smith and Dennis Schrader to locate greenhouses within the area of the Agricultural Reserve Easement Area shown on the attached map dated April 7, 1995 and as described below: 1. Beginning at the southwest corner of Lot Number 2; Running thence from said point of beginning along the southerly side of Lot Number 2, 294.29 feet; Running thence North 67 feet; Running thence along the southerly side of Lot Number 3. 150 feet; Running thence South 19 degrees 53' 19" East, 155 feet to the northerly line of the LILCO Easement; Running thence 275 feet to the easterly side of the building envelope setback line for Lot Number 1 (as amended by Certificate of Correction executed on June 22, 1992); Running thence 120.74 feet along the easterly side of the building envelope setback line for Lot Number 1 to the point of beginning. A minimum sideyard setback of twenty (20) feet from the southerly property line of Lot 2 and 3 is required within the area described above. Any use other than that described in the letter dated March 10, 1995 from Dennis Schrader and William Smith is subject to Planning Board approval. In addition, the Planning Board has reviewed the request to extend the north-west corner of the established building envelope for Lot Number 1 by approximately 750 square feet to allow construction of greenhouses in a square and perpendicular manner. The Planning Board will allow the greenhouses to be constructed in this location since the original building setback was established from the Natural Vegetation Retention Buffer Area rather than from Mill Road. Please contact this office if you have any questions regarding the above. Sincer~ , y Chairman enc. ' cc: Building Department Jim Cohill t ROAD 5oCOO ~-~' 1:,00 raRp I~qTE~ PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Terephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11. 1995 William Smith Landcraft Environments Ltd. 1200 East Mill Road Mattituck. New York 11952-1289 RE: Approved Major Subdivision Mattituck Creek Estates SCTM~ 1000-107-1-2 Dear Mr. Smith: The following took place at the April 10, 1995 Planning Board public meetin9: WHEREAS. the major subdivision. Mattituck Creek Estates was approved by the Southold Planning Board on February 2u,. 1992. and filed in the Suffolk County Clerk's Office on March 25. 1992; and WHEREAS. a Declaration of Covenants and Restrictions was required by the Planning Board as a condition of final subdivision approval, and such document was filed in the Suffolk County Clerk's Office in Liber 11u,21. Page 4u,8; and WHEREAS, condition Number ~,(i) of the Declaration of Covenants and Restrictions requires that: "Temporary or permanent structures or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures (including but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval"; and WHEREAS, on March 10. 1995, the Planning Board received a letter from William Smith and Dennis Schrader, who are currently leasing Lot Number 1 in the Mattituck Creek Estates subdivision, and who plan to purchase Lot Number 1 in this subdivision, in regard to locating greenhouses in areas other than the designated building envelope for this lot; and WHEREAS, the Planning Board has reviewed the March 10. 1995 letter, in which a particular area was proposed to locate greenhouses within the Agricultural Reserve Easement Area, and WHEREAS. after discussing the proposed location with William Smith, the Planning Board determined that an alternative site. on the north side of the existing LtLCO easement, would be a more suitable location within the Agricultural Reserve Easement Area to locate greenhouses since the alternative location would allowed the greenhouses to be located adjacent to the existing building envelopes for the subdivision; ~. be it therefore RESOLVED that the Planning Board allow William Smith and Dennis Schrader to locate greenhouses within the area of the Agricultural Reserve Easement Area shown on the attached map dated April 7, 1995 and as described below: 1. Beginning at the southwest corner of Lot Number 2; Running thence from said point of beginning along the southerly side of Lot Number 2. 294.29 feet; Running thence North 67 feet; Running thence along the southerly side of Lot Number 3, 150 feet; Running thence South 19 degrees 53' 19" East, 155 feet to the northerly line of the LILCO Easement; Running thence 275 feet to the easterly side of the building envelope setback line for Lot Number 1 (as amended by Certificate of Correction executed on June 22, 1992); Running thence 120.7kt feet along the easterly side of the building envelope setback line for Lot Number 1 to the point of beginning. A m,n~ ~ ~l~ck 6~ tw~ ~,! feet from the ~¥ p~eperty line of Lot 2 and 3 is reqUieed within the aeea:,de~w-fbed abc~ue. Any use other than that described in the letter dated March 10, 1995 from Dennis Schrader and William Smith is subject to Planning Board approval. In addition, the Planning Board has reviewed the request to extend the north-west corner of the established building envelope for Lot Number 1 by approximately 750 square feet to allow construction of greenhouses in a square and perpendicular manner. The Planning Board will allow the greenhouses to be constructed in this location since the original building setback was established from the Natural Vegetation Retention Buffer Area rather than from Mill Road. Please contact this office if you have any questions regarding the above. Sincex~,~y Chairman enc. cc: Building Depa,'tment Jim Cohill ROAD 30000 " mFIP l~,qTAr b ( ~00o0 s.~. p~RCEL. TO nE TOW N Ol ~ SOUTHOLD PLANNING BO~'~i~ 12 JUNE 29~1992 Mr. Orlowski: Mattituck Creek Estates - Planning Board to authorize the Chairman to endorse a Certificate of Correction for this approved subdivision. SCTM ~1000-107-1-2. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, the major subdivision of Mattituck Creek Estates was approved by the Planning Board on February 24, 1992; and WHEREAS, the subdivision map was filed in the Suffolk County Clerk's office on March 25, 1992; and WHEREAS, in a letter dated April 8, 1992, the Planning Board agreed to allow the applicant to enlarge the building envelope for Lot ~1, so as to allow all structures, both permanent and temporary, to be located within the building envelope; and WHEREAS, a Certificate of Correction has been submitted by Mr. Peter S. Danowski, Jr., attorney for the subdivider, showing a larger building envelope in accordance with the Planning Board's April 8, 1992 correspondence; and Be it therefore RE$OLVE~ the Ch~f~n'~ endorse'th~ Notary. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. motion. All those in favor? Any questions on the 'Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr, Henry Raynor Manor Hill Vineyard SCTM~1000-101-1-4.1. - I would like to bring before the Board a request. I have been before the Board a few times at work session. The proposal that I outlined in my letter of June 8th was primarily to subdivide the property into twenty-two five acre parcels. On each of those parcels we would stipulate a building area. The idea here is to preserve sixty eight acres of vineyards that has already been established. I would think this would be an opportunity for the Town where the applicant is willing to go to five acres to get a considerably less density on the overall one hundred and seventeen acres. The yield on the two acre basis is somewhere in the neighborhood of forty six or forty seven lots. Certificate of Correction Surveyor: Name of Map: Location: Owner: Howard W. Young, N.Y.S. Lic. No. 45893 Young & Young, Planning, Engineering & Land Surveying 400 O~trander Avenue, Riverhead, New York 11901 "Map of Mattituck Creek Estates,, Filed March 25, 1992 File No. 9203 Town of Southold Suffolk County Tax Map Designation 1000-107-1-2 James Cohill 131 Awixa Avenue Bay Shore, New York 11706 Correction: Executed: Approved: Amend the Buildable area and thereby decrease the A~3Ticultural Reserve Easement Area of Lot 1 as shown on Exhibit "A" attached herewith. State of New York County of Suffolk On /f/~-~/~/~. , 1992, before me came How~d W~ Young, to me known to be the individual deScribed in and who executed the foregoing instrument duly acknowledged that he executed the same. Qualified in Suf[~ County Tm~ ~,m ._"=~_~ .~. :c__ Notary Public ~/ This is to certify that the Planning Board of the Town of Southold approved the map correction described here~n by Res. olution .~ated '/ ~(~'~/~ /~ , 1992. Bennett Or~owsk'i, Jr. , Chapman ~ ' J' Southold Planning Board EXHIBIT 'A' FOR MATTITUCK CREEK AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. ESTATES SCALE~ I · NO. ' 9Z-0'~45 UNG & YOUNG ~DO OSTRANDER AVENU£, RIVERHEAD, N.Y. EN W. YOUNG,N.~$. P.E. & L.$. LJC; NO. 121~45 HOWARD W.YOUNG, NY.S, LS. LIC~ NO. 45895 THOMAS C. WOLPER3; N.Y~, p, IF. LIC. N0.6148.~ STATE OF NEW YORK) COUNTY OF SUFFOLK) instrument, and he executed the same. SS.: On this 22nd day of June, 1992, before me personally appeared HOWARD W. YOUNG, to me known and known to me to be individual described in and who executed the foregoing thereupon duly acknowledged to me that he STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On this 22nd day of June, appeared BENNETT 0RLOWSKI, JR., 1992, PETER S. DANOWSKI, JR. TM., F.x~me Man~ 30, 1~ ~ before me personally to me known and known to me the individual described in and who executed the foregoing instrument, and he thereupon duly acknowledged to me that he executed the same. the to be Notary Public C~,I~OLE Ill AIORINI NOTARY PUBLIC, ~:,~'i'~ OF N~ YORK ~:~469~SUFFO~ ~ ~I~ION ~PIR~ JUNE PLANNING BOARD MEMBERS Bennett OrlowskL Jr., Chairman George Ritchie Latham, Jr. Richard G, Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 April 8, 1992 James Cohill 131 Awixa Avenue Bay Shore, New York 11706 RE: Approved Major Subdivision Mattituck Creek Estates (James Cohill) SCTM9 1000-107-1-2 Dear Mr. Cohill: The Planning Board has reviewed the March 18th letter from Dennis Schrader and William Smith in reference to the Covenants and Restrictions for the above mentioned subdivision. The Board is not in favor of the location proposed for the barn and greenhouses. It is the Planning Board's intention that the Agricultural Reserve Easement Area remain as either a viable farm or as open space, and that all structures be located within the building envelope that was assigned to the Agricultural Reserve Easement Area. However, in order to accommodate your request, the Board is agreeable to amending the building envelope for Lot 91 (please see enclosed sketch for clarification). In this manner, all ~t-~~F..cnv;l~k~e.,If you wish to so amend the building envelope, have your attorney prepare an affidavit of correction and submit such draft to this office. The Planning Board will adopt the affidavit of correction by resolution. You must then file it in the office of the County Clerk. Please contact this office if you have any questions concerning the above. Very truly yours, Bennett Or lowski, Chairman Encl. cc: Dennis Schrader Howard Young, Young and Young Peter Danowski, Jr., Attorney RO~D .50000 ~o~O0 ~ ~ ~. PLANNING BOARD MEMBERS~ BENNETT ORLOWSKI, JR~ Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (831) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April23,2003 Mr. Smith & Mr. Schrader 1200 East Mill Road. Mattituck, NY 11952 Rc: Mattituck Creek Estates SCTM# 1000-107-01-2.1, 2.2, & 2.3 Dear Mr. Smith & Mr. Schrader, In reviewing the proposed lot line information submitted to the office, the Planning Board (PB) found thc following elements to be required. Thc lot line application will need the following to be processed: 1. Complete the enclosed lot line application. 2. Submit payment made payable to the Town of Southold for the amount of $250.00. 3. Please submit surveys and or sketch plans with all information required, refer to items described in thc application package. Thc survey must show all structures with corresponding setbacks as required to comply with Town Zoning Code. Please submit eight (8) copies of the sketch plan. We will create an incomplete file at this time and will wait until the above is submitted. If there arc any questions you can contact us at (631) 765-1802 between the hours of 8:00 a.m. and 4:00 p.m. Senior Site Plan Reviewer CC:file, mt WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD SITE PLANS April 21, 2003 4:30 pm Discussion Items: East Enders, Inc. 11160 Main Road Mattituck, N.Y. SCTM: 1000-122-3-9 Representation: Ms. Pat Moore Zone: B 1. Amended draft memo to ZBA. 2. Building Departments determination that it is a permitted use under HB 100-91 A 6 as" ' " ' ( ) ( ) Retail stores . See page three (3) appears it the use may be a Restaurant, Take- out ( see page six (6) attached local law amended 9-1994).~/),~,~,,~ 3. Required site plan items (parking spaces/back,up area see # 9/memo, entrance width see # 10). ( see pages 4 & 5). - Breezy Sound 61475 CR 48 Greenport, N.Y. SCTM: 1000-45-1-2.1 Zone: RR Representation: Ms. Pat Moore McNulty Peconic Bay Blvd. Laurel, N.Y. SCTM: 1000-129-1-2 & 3 Representation: Mr. McNulty RE: 1) Submitted information per public meeting. Not in current set-off application. Firm map panel number 483 and flood zone. April 1, 2003 Town of Southold Planning Boa Mr. Mark Terry P.O. Box 1179 Southold, NY 11971 William J. Smith Dennis A. Schrader 1200 East Mill Rd. Mattituck, NY 11952 Phone 298-3510 Fax 298-3514 Dear Mr. Terry, As per our phone conversation yesterday this letter outlines the requested lot line change for the properties detailed below. To summarize; · It is our desire to increase the lot size of Lot # 3 in order to accommodate the expansion of the existing residence with an addition to the west. · Our proposal is to eliminate Lot # 2 and redistribute the property to adjoining lot # 1 and lot # 3 as detailed on enclosed map. · Lot # 3 would increase from the current 30,000 square feet to become 51,300 (approximately) a net gain of 21,300 square feet: 10,800 from lot # 2 and 10,500 from lot # 3. · Lot # 1 would increase from the current 668,227 square feet to become 680,450 square feet (approximately) gaining 22,723 square feet from lot # 2 and loosing 10,500 square feet to lot # 3 Property Info: "Mattituck Creek Estates" filed March 25, 1992 Lot # 1, Tax Map # 1000-107-01-1 Owned by Landcraft Environments, a partnership, William J. Smith & Dennis A. Schrader partners Property contains multiple greenhouses and outdoor growing areas for agricultural wholesale nursery business. Lot # 2, Tax Map # 1000-107-01-2 Owned by Dennis A Schrader Property contains 1 V2 story framed building which serves as a barn/storage/office for agricultural wholesale nursery business. Property also contains a gutter connect greenhouse. Lot # 3, Tax Map # 1000-107-01-3 Owned by William J. Smith & Dennis A. Schrader Property contains 2 story residence with detached garage. Please contact us to schedule a meeting to discuss the procedures required to accomplish the above. Sincerely, Wilrram J. Smith/ Dennis A. Schrader IqO~ \ ~'WNER LAND {'~0o De/ IMP. FRONTAGE ON WATER STREET ACR. TYPE OF BLD. TOTAL PROP. CLASS DATE TILLABLE WOODLAND MEADOWLAND FRONTAGE ON ROAD DEPTH BULKHEAD HOUSE/LOT TOTAL COLOR TRIM M. Bldg. (~(~ te [ '? ~' 2 ¢~ :-3, ~'1C) ,,~5~ ~ Foundation -c~ Bath Dinette FULL Extension ~ ~ ~ = ~ ~ ~ ,o/~ Basement ~ Floors Kit. ~t~sio~ ~'~) 2o X~ ~ = ~o ~ ~ Ext. Walls Interior Finish ER. '~;r~C~),'~ -~5~ FirePlace Heat ~ ~ D.R. Porch ~ ~ Dormer Fin. B, Deck Attic Breezeway Rooms 1st Floor ~ 9q ~ Driveway Rooms 2nd Floor O.B Pool TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER RES. /"~ ~- SEAS. TREET I ~-~-.)' ') VILLAGE DIST. SUB. LOT ~ TYPE OF BUILDING VL. IMP. TOTAL COMM. CB. MICS. Mkt. Value REMARKS ~ 1~ '~rTO0 FARM Tillable Woodland Meadowbnd ' House Plot Toto~ NORMAL Acre Value Per Acre Value ~/.,..~ ..... ',: ,:, :. FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH B. ULKHEAD DOCK COLOR C.J~_. TRIM 1._.~, C~_~_ M. Bldg. Extens, i;o?v Extension Extension Po, Breezeway (~arage Patio Total ment Walls Fire Place Bath :Joors rnterior Finish ' , t ,' Rooms 1st Floor Recreation Room Rooms 2nd Floor Dormer Driveway / IDinette B DR. BR. FIN. OWNER OAND TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET lO'fO TOTAL DATE FRONTAGE ON WATER FRONTAGE ONROAD DEPTH BULKHEAD .~ /:z¢" /. o /~5'oo //-/oo TILLA~ ACR. RE~MAI~KS ._, ~. ~ ' , -YPE OF BLD. ' ~ --- , ,, .... Y ' / ,~ ,, ~/dq~ ~' " " PROP. CLASS ~ /r/~¢?~ I ~ /' ~1¢/01., II I* It , 11421 445 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made the 24th day of February, 1992, by JAMES H. COHILL, residing at 131 South Awixa Ave., Bay Shore, New York 11706, Declarant. WHEREAS, Declarant is the owner of certain real property situate in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule annexed hereto, as provided by the Declarant, and WHEREAS, for and in consideration of the granting of a subdivision application entitled, "Major Subdivision - Mattituck )ist.: .000 07OO ~/ock: Creek Estates", by resolution dated October 1, 1991, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval, the Town of $outhold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and ot: 2¢~0 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, admits, publishes, covenants and agrees that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land an shall be binding upon all ~'7?~urchasers and holders of said premises, their heirs, executors, ~'~ i'l'egal representatives, distributees, successors, and assigns, to be no ,further subd£yis~gn of 2. The area on the subdivision map designated "Natural Vegetation Retention Buffer" is designated as such to protect the steep sloped areas of the site from unnecessary erosion. This area shall remain in its natural state. Maintenance of this natural vegetation shall be the only use or activity allowed. ~The, use, a~(Ldevelopment' of~'~t~h~rti°~' o~ t~Tat~~ ~'' '' ' ~A ri ural Reserve Easement Area" will ~- fOrever be restricted to some all of the following:, a) farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing thc production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) c) d) open fallow; operations encompassing livestock and livestock products (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board; landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for -2- compatible recreational uses, which are found acceptable and reasonably necessary by the Planning board and which are subject to approval by the Planning Board. The following shall be adhered to on the Agricultural Reserve Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation or loss of thc aesthetic open space value of said premises: a) It shall be managed in accordance with the conservation plan developed by the Soil Conservation Service for this particular property, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally Undisturbed and no fill or 'spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other rights of way for non-farming vehicular use shall be constructed or granted thereon. f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No duJnping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement or display. i)/ Temporary or permanent structurcs or buildings shall not be placed or erected within or upon the said premises without Planning Board approval. Structures -3- J) (including, but not limited to fences) or buildings which are deemed reasonably necessary as accessory buildings or structures for thc utilization of tho said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. The Declarants reserve the right to the exclusive usc and possession of the area known as the Agricultural Reserve Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarants may exclude the general public or any designated person or persons from the use of or entry upon the said Agricultural Reserve Easement, except that the Town shall have thc continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions hereof, and to sssure that such covenants, terms and provisions have not been violated, such inspection to be at reasonable times. These covenants and restrictions the ~~~~, or its successor body, a~te~.a thei~ consented'to such In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarants, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce thc conditions and restrictions of these covenants. IN WITNESS WHEREOF, the Declarant has hereunto set his hand and sea] the day and year above written. k~/JAMES H. COHILL -4- 11421P 452 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On this 24th day of February, 1992, before me personally came JAMES H. COHILL, owner of certain real property located on Mill Road and Grand Avenue, Mattituck, New York, the subject property covered by this Declaration; that he did read the above Declaration of Covenants and Restrictions and understands its contents; that he did swear to me that he executed the same. Notary Public / ?? 3 -5- April 1, 2003 Town of Southold Planning Bom Mr. Mark Terry P.O. Box 1179 Southold, NY 11971 APR - 1 2003 Southoid Town Planning[ Board William J. Smith Dennis A. Schrader 1200 East Mill Rd. Mattituck, NY 11952 Phone 298-35 l 0 Fax 298-3514 Dear Mr. Terry, As per our phone conversation yesterday this letter outlines the requested lot line change for the properties detailed below. To summarize; ,, It is our desire to increase the lot size of Lot # 3 in order to accommodate the expansion of the existing residence with an addition to the west. · Our proposal is to eliminate Lot # 2 and redistribute the property to adjoining lot # 1 and lot # 3 as detailed on enclosed map. · I~t4~ 3 would increase from the current&O~OSl~lua~ feet to become 5t;300 (approximately) a net gain of 21,300 square feet: 10,800 from lot # 2 and 10,500 from lot # 3. · ~i~vould increase from the current 668,211t/square feet to become 680,451~ square feet (approximately) gaining 22,723 square feet from lot # 2 and loosing 10,500 square feet to lot # 3 Property Info: "Mattituck Creek Estates" filed March 25, 19/992 . Lot# 1, Tax Map # 1000-107-01-1 Owned by Landcraft Environments, a partnership, William J. Smith & Dennis A. Schrader partners Property contains multiple greenhouses and outdoor growing areas for agricultural wholesale nursery business. Lot # 2, Tax Map # 1000-107-01-2 Owned by Dennis A Schrader Property contains l V2 story framed building which serves as a barn/storage/office for agricultural wholesale nursery business. Property also contains a gutter connect greenhouse. Lot#3, Tax Map #1000-107-01-3 .2.5 Owned by William J. Smith & Dennis A. Schrader Property contains 2 story residence with detached garage. Please contact us to schedule a meeting to discuss the procedures required to accomplish the above. Sincerely, ,//~,-~'-, // Dennis A. Schrader ROA O PROPOSED LOT LOT CHANGE 107.-1-2.1, 2.2, 2.3 LOCATED CR,~IN MATTITUCK LASER FICHE FORM SUBDIVISIONS Proiect Type: Lot Line ChanRes Status: Incomplete SCTM #: 1000- 107.-1-2.1 Proiect Name: Smith/Schrader Location: 1200 East Mill Road, Mattituck Hamlet: Mattituck Applicant Name: William Smith & Dennis Schrader Owner Name: Schrader, Dennis Zone 1: Approval Date: PLAT Signed Date: CANNED OCT 7 2008 Records Management OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's · Homeowners Association · R and M A,qreement: Address: County Filing Date: Zone 3: SCAN Date: