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1000-114.-5-1
' scows RBr. sra-o7-oaro j AREA m - ~ i ' LOT I ~ 80,001 sq.!!. ~ , . LOT 2 ~ 5.20410 Acrer ar 226,727 sq.fL 10.V e1 laa _ n,ae ~ ^ TOWN OF TOTAL AREA 7.0415 Acres _ - - ~ ~ ~ ~ s~~D WETLANDS > 0.3588 Acres ea. a 4P T rn' ~ " 6.6828 Acres 3T r--~~~ / r~r a r. ree ~ 6.6828 Acras = 60% 4.0096 Acros OPEN SPACE rz r~ d~ F!r, j ~ ' I 5.204!0 Acres - 4.0096 Acres = 1.1945 ACRES 1^ROS$ECTION SEPTIC SYSTEM i . ~ - - - ~ j/ c[wei/Ink ,p,,. we/!'Ltb i S I rr9 ;ty i r COUNTY ~ _ _ OF--°i~^"-'+°~c-°-1-'w~_ SUFFOLK ~ N. i ' ~ N64Y7'OYE ~_~~_""~1 ~ a S,gO.OT \ NSE HSE N, 1 N ny 317,73' 3 1 ~ a ~ - -222.'2'_ y ~ raw 1 / ~ LoT I ~ ~ $ _ ~b, d' i KEY MAP I + m _ V I o- Y 80,000 sq./t. ~ ~ ~ \ ~ s' rr . I SCALE: Y'=800` E -~i~- n rv r u+ n ro~~ M I w v \ ?ir ~ 'r C ~ _ ceiaw!-,voa.a _ -I.- I dwe(bA9 ~ ~.o~ I44y'~-'/rr}--- f ~,`s L., ` ~rlt/.,e v< 2~ F ' _ - ~D _ _ _ ~mr rw_ A ~ (Pob44 walir/ LA ' ~ ° ei.ae I ~ o 1 - ~ _ _ _ - o ~ ~ ' 'ice P TYPACAL PLOT PLAN ~44'r ' ~ TFBTiiOLE #7 raaaw.oe LoNe \ \ ~~3yD ~ i COVENANTS A7YD RESTRK'TfUNS }1/'18/07 ~ rt 64tt'or it m7.73' ~ q E ~ / ~i ~ "ti,~ ~ c I BY BOARD OF HEALTH A/~ BYMaD~OWALO QEOSCENCE " ° ~THAZ \ ~ r ~ .PLANN.WG BOARD EL G7 our enoe+caua wcu ~ 20e.23' IOAJO'_ rc y" ra ~ - - ' AI.00 EN~'ELCrE - \ ~ ~ 1 99e11'I STY SYO ~ml 1011 BGVrI. AI .9 Ij O clwelb^ G944 tel sesnc svs -ra--~-- ` ~ I UM'43£f'twe LOT 2 - - ~ \ ~ ~ ~ ~r" ~ - 'r ruc eunr rYa ro rear suo a .'T OVN °QO \ gC7- ;n ~?e _ ~ ~r ~ Y 7oN~JC \Vr`'~ u I ~ . ~p SEPTIC MEASUREMENTS - \ r~c.+r rJwlclEn awao v~*a / I yk' _ ~ A' B. dwer/rnq O g I Z M ~ q~ A~ ' ~ ~ _ src ST 20' - 23, r~ ~ ewrn me ro A l D /OPEN SPACE ru wnl 0 1 ~ i ~F~~ ~ LPalt2 26' --178• 3 I ~ \ i BU , ~ 2' r~ LPiK'3 3/ 39' la._• /r O Ir v ac r n { £ 69'1T0T W. 203' k I N G c~Nt - m i - 1 E r' §s'O'ry a~ ~ r c~ A _ , ' - STANDARD'S1 ~RL~!!/l.SIO.N `Y'g ~.A3 R' A$ i9n SUBJECT TO COVENANTS 8 RESTRICTIONS I rra'y ; ~ (G. i.~~" - .LlBERJ2d88 PAGE 7e3 f^t fl'3 1^,tOY$tt~ 'qn 13y` `RO~C(~ CPS '.r' LIBER~f25§0 PAGE 354" !P„bb~„,~,:, M~~~ ~,nn~ I°ET~RP, ~ GLOR/A. A. ONUFRAK nn A T MA TTITUCK ' \f HEREBY CERTIFY THAT THE WATER SVPPLY(S) AND/OR SEWAGE Di3POSAL TOWN OF SOUTHOLD ~II sSYSTEM(Sl F S PROD ESIGNfD BY ME OR UNDER MY DIRECTION SUFFOLK COUNTY, N Y. • BASED ON PON A ARE O'(dld JUGH STUDY OF THE SClL SITE AND GROUND WA ER CO IT , S PROPOSED, CONFORM t0 THE ' SUFFOLK C NTY D H SERVICES CON5TRUCTlON 1000-114-OB-O1 j AREA = 7.0415 ACRES STANDARDS EFFEC F S ~ EoF NBIy SCALF ~ 1' _ )00' ~ L s S~P~ aq, NtE7 )O JUNE 29, 2006 JOSE P V4 ~ 2(~~ OCT. 25 , 2006!2 LOTS! ~ ~ ~ P MAY 21 2007(LOC. OF WETLAND FLAGSI No vo ~ ~ Q, ~ OA 0525 ~2~ ' .~~t Y * SEPT. 6, 2007 !TEST HOLEI ' ~ I HEREBY CERTIFY THAT R IJN PLAT WAS MADE FROM OCT: Sr 2007 6evlclanl ~ ACTUAL SURVEYS COMPLET ros ~ THAT ALG MONUMENTS r~ r oEC 3, 2007 rrESr HOLE j1 z 1rrE~S~rTAM~DICEYl1 SHOWN THUS M ACTUALLY EXIST AND °'HE7R POS1T70NS ARE CORRECTL No 6 DEG, 4~ 2008 fRFVAS70N6 ""E[ 7 _ SHOWN AND ~ L DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT: 4~ 4~U6yV c~ MAY 1 , 2oov rNEW sEPnc srsrENr auw aoWearor LOa a ~ GL~ F~~NG OF LOT1SNALL BE L1MlTED TO 35% OF LOT °a' JO~'iN T. ME 'E'Fi) N.Y.S. L.S. 'r_lC. WO. 49618 ~ r,us mouN Sim avo r ZOfJlNG DfSTR7CT RESIDENCEAL R80 - •"~°101"'~~O~~wOn TH1S /S TO CERTIFY THAT THE SUHDlVIS'ON PLAT HAS BEEN - ~ - xr r~rr tpoc'rm aaaeorm' APPROVED BY THE PLANNING BOARD O,c THE TOWN OF i SOUTHOLD BY RESOLUTION OF APPROV'.IL DATED AREA OF WETLAND ~ 26,5/0 sq.l1 APP{2OVED BY rAmereufWWwnamawwraMr ar or = 0.6086 acres PLANNING BOARD BY,__,"~_ UPLAND ~ 6.4329 oeres _ _ __CHAIRMAH PLANING BOARb TOWN OP SOUTHOLD SUBJECT TO COYGNANTS & HESTfiICTIUNS LIBEn~ _ ~ F'AGE~~t~ OWNER D/1iE ®~C 14 ZOO9 ~ BYAAaDpYALD ~ PETER P. ONUFRAK ~ _ i GLORiA A. GRECO~ONUFRA'K. ~ 1 1500 MARY'S RD. MATTITUCK ,N. Y. II952 ,fi SUFFOLX COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N. Y. ANY ALTERA ilON OR ADDITION TO T7/S SURVEY IS A VIOLATION DATE +1~ 1 P. 7flflq _ a „ CIF SECTKN 7209 OF 7Ht NEW YORK STATE EDUCATION LAW. ~ ~ Covenants & Resvictions I ExcEPr As PER sECrrtw 7e09 - suaawsroN 2. Au. cERrWKATroNS I L Town oP Southold i£REON ARE VAL10 FOR TINS M'AP AND COPIES THEREOF ONLY IF - IBERD~ol a,C4rVj4GE ;~Sy SAO MAP OR COPIES BEM 7hE U[r'RESSED SEAL OF THE SURVEYOR ` 'i' ~ ~ IMIOSE SIGMArURE APPEARS HEREON il,~~, 2UL9 THIS IS TO CERTIFY THAT THE PROP0.5,'D REALTY SUBDIVISION OR ~ i DEVELOPMENT FOR PETER ~ Gte?u CNUFRAK N TFIE 'i ' te~N a snv/raYn WITH A TOTAL ~!F 2 LOTS WAS APPROVED - ON THE ABOVE DATE. WATER SUPPLlF.S AND SEWAGE DL9'OSAL ~ v - NETLAMS FLAG BY NYS OEC FACAITIfS M'JS7 CONFORM TO CONS7Ri'CT10N STAADAROS N EFFECT I~ _ - - ~ - AT 771 TEtE OF CONS7RUCT1gY AND A~7E SLO.ECT TO SEPARA TE , PER,IYTS PLA4SUANT TO 7fN7Sf STANDAIiD$ 7HS APPROVAL SHALL BE - FLOCn zcwES FROM FAY/ _ VALD OACY F TI,E REALTY SLBWVISIOM~ /DEVELOPMENT MAP IS 3tl1'O13C046P 83/04/98 DULY Ftm W1TF1 TIE COLNTY CLEAK tl1T)N OAE YEAR DF i}YS DATE ~ ~ , I CONSENT !S 11eREPY fiIVEN FOR TlE FANG OMc TI/S A41P ON i17N.'H N.Y.S. L1C. N0. 49618 The locallons of wells and cosspoo/s iMS fM1DOR5EVEIVT APPEARS N TEE OFFICE OF 171E COLNTY CLFJ7I(N pECONlC SURVEYORS, P.C. shown hereon ore /rom field observations ACCORDANCE WI7N PR01'7SNMlS OF ThE PLBLIC FEAL IH LAW Al0 111 !6311 765 - 5020 FAX (6311 765 - 1797 and or /ram do/o obla/ned from others. SUFFOLK CO'p1VTY SAAVTOOE. P. 0. BOX 909 CONTOUR LINES AAtl ECEVAT70NS FROM TI1E 1230 TRAVELER STREET FIVE EASTERN TOWNS 70P06RAPH'C ,MAPS V/TO A. MH+EI , P.E. SOUTHOLD, N. Y. 11971 DI CTOR ,DIVISION OF EfIViRONMENTAL WAL/TY ' 06-170 • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SO(/j~o SouthOold,oNY 11971 MARTIN H. SIDOR ,`O l0 Chair OFFICE LOCATION: WILLIAM J. CREMERS ~e Town Hall Annex KENNETH L. EDWARDS ~ ~ ~Q 54375 State Route 25 OSEPH LDTOWNSEND I~C~Un l , N~ (cor. M Sou ho1dYNY ~ Ave.) II ~ ~ Telephone: 631 76b•1935 Faa: 631 766.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 2009 Mr. & Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Final Plat Approval: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolution at a meeting held on December 14, 2009: WHEREAS, this proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.84 acres and Lot 2 equals 5.20 acres, inclusive of a 1.19-acre building envelope and 4.0098 acres of subdivision Open Space that will be permanently preserved by Covenants and Restrictions; and WHEREAS, the Covenants and Restrictions were filed with the Office of the Suffolk County Clerk on June 8, 2009 on Liber D00012590, Page 354; and WHEREAS, on July 13, 2009, the Southold Town Planning Board granted Conditional Final Approval for the action; and WHEREAS, on November 17, 2009, the Southold Town Board granted the request to defer the payment of the Park and Playground Fee in the amount of $7,000.00 subject to any terms of the agreement dated and executed November 10, 2009; and WHEREAS, agreement terms specify that the Building Department will withhold the issuance of a final Certificate of Occupancy on the properties until the client has paid in full the Park and Playground Fee; and WHEREAS, all conditions specified in the Conditional Final Approval have been met; therefore, be it ~ ~ i Onufrak Pa4e Two December 15, 2009 RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the plat prepared by John T. Metzger, L.S., dated as last revised May 18, 2009, and authorizes the Chairman to endorse the Final Plat. Upon endorsement by the Chairman, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of endorsement shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. cc: Assessors Building Dept. I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 1111111 VIII (IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 06/08/2009 Number of Paqes: 7 At: 01:24:38 PM Receipt Number 09-0063262 LIBER: D00012590 PAGE: 354 District: Section: Block: Lot: 1000 114.00 05.00 001.000 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 $8.75 NO RPT $30.00 NO Fees Paid $113.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County ' DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of 9etebe2008, by PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, residing at 1500 Mary's Road, Mattituck, New York 11452, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 1500 Mary's Road, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-114-5-1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the `'Property") and WHEREAS, the Declarant has made an application for and has received conditional approval from the Planning Board of the Town of Southold for a subdivision of the premises into two (2) parcels, as shown on map of "Standard Subdivision for the property of Peter and Gloria Onufrak", prepared by John T. Metzger, L.S., last dated October 7, 2007, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property 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: t 1. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII. Farmland Bill of Rights, of the Southold Town Code. 2, There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. 3. There shall be no changes to any of the lot lines without Planning Board approval. 4. In accordance with Section 240-51 of the Southold Town Code, all storm water run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site via gutters, downspouts and drywells and shall be the responsibility of each property owner. Discharge of storm water from structures or improvements into wetlands is prohibited. 5. Pursuant to Section 240-49, Clearing, of the Southold Town Code, clearing of Lot 1 shall he limited to 35% or 28,000 square feet of the total lot area. 6. There shall be no clearing, grading or ground disturbance within the 100' non-disturbance buffer delineated on the plat. 7. Pursuant to 240-35, required improvements and utilities of the Southold Town Code, all utilities serving the lots shall be located underground. 8. The area designated on the Map as Open Area, and described more fully in Schedule "B" annexed hereto, shall be subject to the following restrictions and prohibitions, in addition to those otherwise set forth in this Declaration: a) The Open Area shall not contain any residential dwelling units. b) The Open Area may contain a barn or accessory shed or enclosure. c) The Open Area shall be used only for keeping the land in its natural state, or for 2 agricultural or horticultural uses, or for woodlot, arboreta and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry, or for picnic areas, gardens, trails or low impact passive recreational uses (specifically excluding motorized off road vehicles, rifle ranges and similar uses). d) No synthetic herbicides or pesticides shall be used or applied within the Open Area. e) The azea located within seventy-five (75) feet of Co. Rt. 48 shall be further designated as a Buffer Area. No structures shall be located within the Buffer Area, other than fencing or other minimal accessory structures approved by the Southold Town Planning Board and any other authorities having jurisdiction. The Buffer Area may be mowed to maintain meadow type grassland or lawn area. The Buffer Area shall be used only for keeping the land in its natural state, or for agricultural or horticultural uses, or for woodlot, arboreta and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry, or for gardens, or low impact passive recreational uses (specifically excluding motorized off road vehicles, rifle ranges and similar uses). 9. These covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing. ] 0. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them. 11. If any section, subsection, pazagraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a whole or any 3 other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 12. 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 inequity or at law. The failure of said agencies or the Town of Southold to enforce the 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. 13. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declazant above named has executed the foregoing Declaration on the day and year first above written. Peter P. Onufrak ~ - ~ ~ oria A. G co-Onufrak STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On January ~ in the yeaz 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter P. Onufrak and Gloria A. Greco-Onufrak, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or th+~ person or entity upon behalf of which the individuals acted, executed the instrument. i ~ L Notary Pub is DONNA MedAHAN Re%&rpbonufrak Notary Public, State of New York No. 01 MC4851459 ~ualitied In Suffolk County Commission Expires Aug. 18, ~i6 2GIV SCHEDULE"A" ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of Mary's Road, 618.35 feet to a monument and land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 540.05 feet; and 2. South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433.30 feet to a monument and the northerly side of Middle Road (C. R. 48); THENCE along the northerly side of Middle Road (C. R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; and 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; THENCE northerly along said arc of a curve bearing to the right having a radius of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. SCBEDIILE "B" "OPEN SPACE" ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of Mary's Road, 116.44 feet; THENCE North 64 degrees 17 minutes 07 seconds East, 208.23 feet; THENCE North 27 degrees 31 minutes 20 seconds West, 250.00 feet; THENCE North 64 degrees 17 minutes 07 seconds East, 109.50 feet; THENCE North 27 degrees 31 minutes 20 seconds West, 251.91 feet to land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 222.32 feet; and 2. South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433.30 feet to a monument and the northerly side of Middle Road (C. R. 48); THENCE along the northerly side of Middle Road (C. R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; and 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; THENCE northerly along said arc of a curve bearing to the right having a radlus of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. 2 3 n Number of pages - - TORRENS , Serial # ~ - , Certificate # Prior Ctf. # Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES i _ Page /Filing Fee J~ _ 5 Mortgage Amt. Handling - lllj 1. Basic Tax i TP-584 2. Additional Tax Notation Sub Total _ -j_~ EA-52 17 (County) Sub Total Spea(Assit. Ot EA-5217 (State) _ Spec. /Add. RP.T.S,A. ~ ~ TOT, MTG, TAX Comm. of Ed. 5 00 ~.`y t Duai Town Duai County_ ~"ri ~ i Held for Apportionment Affidavit ~ ~ _ I Transfer Tax rtified Copy ~ r? 'St~~~ Mansion Tax • _ The property covered by this mortgage is Reg. Copy will be Improved by a one or two fam Sub Total ~ ~ ~ ~ dwelling only. Other ~R J YES_orNO GEAND TOTAL ~ ~ ~ ~ ; If NO, see appropriate tax clause on page Ij of this lnstnunant. 5 Real Property'I'ait Service Agency Verification 6 Community Preservation Punt ni~r ce...;,,., ~ n Lot Consideration Amount $ _1000 11400 0500 001000 Stamp iOp CPF Tax Due $ PT S Date F2 CWH A Improved 08~IUN-09 Initials Vacant Land ~ SatisfactionslDischarges/Releases List Property Owners Mailing Address TD ~U RECORD & RETURN TO: Wickham,, Bressler, Gordon 6 Geasa, P.C. TD P.0. Box 1424 'jam Mattituck, NY 11952 s Title Company Information t;o. Name ~-t- - L-r~ ~71~, - Title # ~ ~ Gs / - /2 - 9 Suffolk Count Recordin & En'dorselnent Page This page forms part of the attached Declaration of Covenants 'and Restrictions made by (SPECIFY TYPE OF INSTRUMENT ) 'Ihe premises herein is situated in PETER P. ONUFRAK AND GLORIA A. GRECO-ONUFRAK SUFFOLK COUNTY, NEW YORK. TO JntheTownslrip.of Southold TOWN OF SOUTHOLD_ _ + In the VII.,LAGE or HAMLET of ` Mattituck ,...,,,-n e mr mT T n r,tr tcT RR TVPFTI (1R PRiN'1T.Tl TN RT,A('.K TNK nNT,Y PRIOR TO RECORDING OR FIi,iNC'r. 5~~ * r , . ,,--,-r t RESOLUTION 2009-903 Item # 5.16 y'"~4 i'"~ ADOPTED DOC ID: 5421 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2009-903 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 17, 2009: RESOLVED that the Town Board of the Town of Southold, upon consideration of the evidence presented regarding hardship, hereby erants the request of Peter and Gloria Onufrak to defer the payment of Park and Plaveround fees required in connection with their application for a Standard Subdivision before the Plannin¢ Board for one year, subject to certain conditions to be memorialized in an agreement approved by the Town Attorney. ~~Q~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 9. 1 _ °l - ---,~i << _ . • ~r< P~ Submission Without a Cover Letter Sender: ~V 1 G~c~nv~w~ ~ ~~°-ess~~ ~vcDv~n-~ ~s-~aS.o Subject: ~ 1/i ~ ~t-Y,,, I~ S1J~~ 1 v iS l 6V\ SCTM#:.1000 - 114 _ Qc~O I Date: Z O - Coq ..Comments: s'Yl ~ ~1S N Z P a ~.r,~ i ~ yy\~,Qv,n -...w._.~„. r f.,~ - - - - rm • • W[CKHAM, F3R((SSI.I:R, GURIK)N & GEASA, P.C. i3oi, ~~~i~i~ RO-fin. i~.<i nox u?a wu.i i ~Nt wictinwi iu6-o~~ utni i i i ~ c~:. i.u~~ ~ i~tii ~~o i ~<ic i niti ssi eR ~i v~~R~: i iv;~ >>s i;R~~ni~ tioi.i,ow R~~nu utinw ~ ~~ic~au,ni siari:iii 11'VVI. A1. GORI)UV A41'.LVll.l.li. NF:N' YORK 117J7 I1VI I ('d _i~,~ G3I-~9R-R3i3 I I IJ I AS SO. 631 ?9K-Rifii 631 ?d9-9dR0 w~~ blaw!iiaol.com i i.i.ti ns e3i-za~~ vasa Noy anbcr 1 R. ?009 Attn: Ms. Heather Lanza, Planning Director ~ ~ Southold 7~own Planning Board 5 ;095 Main Road ~ Post Otfice I3ox 1179 ~ 1 1 'I ~ Southold. New York 11971 i ' Re: Standard Subdivision of Peter and Gloria Onufrak 1 ty. Premises: 1500 Mary's Road, Mattituck, NV', SCTM~l00Q-114-5-1 _ Deferral of Park and Playground Fee r_ Dear heather: ..r...._~° Enclosed is a copy of the Town Attorney's letter dated November 10, 2009 deferring the park and playground fee which has been executed by our clients. "The original executed letter was forwarded to the Town Attorney. Please have the chairman of the Planning Board sign the subdivision maps that you have on hle so that we can the the maps with the Count.. Kindle advise when same are ready for pick-up. Ve v truly yours, n 1 ~ a~~~~~ Abigail tA. Wickham a !t 7i' dm rnrL 30 vlvcl/~hnmiJi~~ik rc:.1Jlrhael I'erilr, /3tiildinglnspec[or 11(12/2009 15:57 6314772662 WILD THINGS STLiDIdS PAGE ~ tw?xT>rr 1D. FIIVNB(i<AAi 9C07T A. x>cregsfar. ~.=an.Adi~,ou~,a~,,,~ ~'~OE SOftr tiup.rl.or ANnwt.Ofto * * Town Hau Annee. tuav6 Huute Se A8918'PANT TOWN AT'1'01iNEY P.a BCa 1179 ~gro,(gitovsn.eouthold.gyus Southold, Nevi Yank 11971.0969 Lt1ltl ltl. iiLJl+88 ~ye.,,~ Fa~m~1a (881) 7g966~8898 At18lHTANTTOWNAT'f01tNEY 'D~tl+~ 1~{.hyi~tgwnaouttwld.gyae a»cl~ of ~ 1^owrr ~+?'I'POlR1~iB7i '.GOWN OF SOi1T"fiOLD Nlovember 10, 2009 Abigpil A. Wickham, Esq. Wickham, Bteseler, Gordon d: Geasa, P.C. 1301 S Main ltaad P.O. Hoz 1424 Mattituck, New Yak 11952 Be: Petera~Gbriaano&alc-SeLdivWea,MatHlack.DiX Aegont for DeRrral of Atrk and P1a74rotwd Fa Dcar Gail: As you knave, your cliwis, Peter and Gloria Onufrak, have requested that the Tawn Board defer their obligation to pap a Park and Plsygro~md fee as required by §240-53. ofthe Town Code in conmdion with their application for a standard subdivision approval presakly before the Planning Board. The Town Board bee agreed to the dofiara! of this paymem on tho condition that your clier4s pay the the within otte year of appmval. Plosae also be advlaed that . the Building Depmhnmrt will wkhhold the itsmnee of a final Cortificato of Oocuparwy on the properties until your clink has paid, in full, the Pale aed Playgrotmd fee If your clietka find the above acceptable, please have their execute Ure original of this lette7' where itWicated below and Pehtrn to this office as soon ed ptdabh.~ ~ Ye Mahn O. F' MDPlIk cc: }ton. Scott A. Russell, Supervisor Mr. Martin Sides, Pknning Bond Chair his. llaathor l.snza, Phoning Dirocta Mr. N1icLeal Verity, Buildit?g l?eparprwnt 11ead ED 8c ACCEPTED: P Oaufnk loria0a K~~~ l 11/12/2009 15:57 6314772662 WILD THINGSSTI_IDI05 F ~,E ~ • - - - iewaTix>D.rnu~oArl ecarr~.>2ve~srx. TOWN A~I~Ot~$Y sour » ~~-eY.~ .11ENDiRr~ ANIlA1,dRD Tows HaR Annex, 64876 Route R6 . A881f11'ANT TOWN A1"1'ORNEY ~ ~ P.Q Hoe 1179 jenaifer.a.~delarodlaoufho~~ ua ~ Southold, New Yank 11971.0969 Tdaphaoa(881)786.1999 At~113TANT TOWN ATTORNEY Fae®>'la (881) 766.6898 .as i OFFICE OF T9R T'011Y1~ ATI'ORTTSY . . TOWN OF t3OUTHOILU . . Novanber 10, 2009 - _ _ } - ,x~ Abigail A. Wiclrhsm, Eaq. - ~ i' I Wicktum, Breaeler, Gordan k Gaea. P.C. NOV 1 6 2009 i~ i 13015 Main Road P.O. Box 1424 i _ MetliWdr, New Yolk 11952 Be: PeaerandGbrisOeadlnlc-SehdlvYieayMattltadr,l~'' _ IRegorstlor Dekrral of 3!ark and Fee _ ,~.x..:~ . r Dear Gaii: As you Imow, your ctietils, Pete and Gloria OnuCrak hive rogtusbed that the Town Board defer then abligadan to p~ a Park and Phrygmm?d fee as tequited by §240-53 ofthe Town Cade in connection with their application for a d subdivision approval prmatdy before the Pleoning Board. The Town Bond has agroed to the dofarai of this psymeatt on the condition dot your cliertb pay the fee within one yaer of approval Phaare also be advised fiat the Building neptutment win withhold the isaamree of a final C;ertifica4s of Oocuparey on the properties until your e?ient bas paid, in firly the Pak sad Playground fee. if yarr clients find the above acceptable, phalae have them atcecate tiro atigiaal of this letter where indicated below snd tehrrrt to thv otFice as won u posdbk. lY yo Moeller D. F' MDFlIk cc: Hon. Scott A. Russell, S~d'viaar Mr. Martin Sider, Pkaaring Board Chair Ma. l~eadrer Lanza, Phoning 1]iroctor Mr. Mit~heel Verity, Building Qepatiment Heed D & ACCEPTED: Qnufnk ~ loria On 4r++ MAILING ADDRESS: PLANNING BOARD MEMBERS ~OF $oUry P.O. Box 1179 MARTIN H. SIDOR Q/_ Southold, NY 11971 Chair `O l~( #I OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS G @ 54375 State Route 25 GEORGE D. SOLOMON '~Q ~ (cor. Main Rd. & Youn Ave.) JOSEPH L. TOWNSEND l'`CQU~ ~ Southold, NY ~ Telephgne: 631 765-1935 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 14, 2009 Mr. & Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Conditional Final Plat Approval Amendment: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolution at a meeting held on October 13, 2009: WHEREAS, on July 13, 2009, the Southold Town Planning Board granted Conditional Final Approval for the action; and WHEREAS, the description of the action was found to be incorrectly referenced; and WHEREAS, the correct description reads as follows: This proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.84 acres and Lot 2 equals 5.20 acres, inclusive of a 1.19-acre building envelope and 4.0096 acres of subdivision Open Space that will be permanently preserved by Covenants and Restrictions; be it therefore RESOLVED, that the Southold Town Planning Board correct the record of the Conditional Final Approval decision to reflect the amended, correct description of the action as referenced above. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman ~-rrra /e d f o Town C / erl-: ~ ~`~109. Hardeo r MAILING ADD YJF~ L E PLANNIN RsoARD oRMB1?RS ~4~~pf SOUlyO~ seu i°ia elvY iis~C~, / -CK Chair OFFICE LOCATION: WILLIAM J. CREMER.S H ~ Town Hall Annex KENNETH L. EDWARDS ~ • ~ 54375 State Route 25 GEORGE D. SOLOMON Q ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND l~r,QU~ ~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Supervisor Scott Russell Members of the Town Board From: Martin Sidor, Chair Members of the Planning Board Date: October 6, 2009 Re: Request for Reduction or Deferral of Park and Playground Fee of the Standard Subdivision of Peter and Gloria Onufrak SCTM# 1000-114-5-1 The Planning Board is in receipt of your request to provide input on the reduction or deferral of the park and playground fee for the Standard Subdivision of Peter and Gloria Onufrak. The Planning Board offers the following to assist the Town Board in rendering a decision. In a September 17, 2009 petition, Ms. Gail Wickham, the Applicant's Agent outlined several reasons supporting the request for a waiver or reduction of the $7000.00 park and playground fee levied by the Planning Board pursuant to: § 240-53. Reservation of parkland on subdivision plats containing residential units of the Southold Town Code. The fee was established during the review of the Standard Subdivision pursuant to the Planning Boards finding that the parcel did not meet § 240-53 A and C of the Southold Town Code. The petition states eight reasons for the waiver or reduction of the park and playground fee, however of the eight, three directly apply to the Town's subdivision of land process. They include: 1. Financial Hardship ~ • • The application fees paid to the Planning Board to date total $2800.00. 2. Building Restrictions The Applicants Agent indicates that wetlands on the parcel and the establishment of a 75' vegetated buffer resulted in restrictions of the use of the property (building). Planning Board Response; Freshwater wetlands are regulated features subject to multi-jurisdiction review. It is standard process to coordinate with such agencies during the subdivision process. The Town of Southold Board of Trustees issued a "Letter of Non-Jurisdiction" for the action on July 18, 2007. The NYSDEC also issued a "Letter of Non-Jurisdiction" for the action on 2-28-08. The Planning Board is aware of the outside agencies process, however, the Planning Board is not privy to the applicants interaction with the agencies and therefore cannot comment on any claim of delay. Further, the Planning Board required the establishment of the 75' vegetated buffer within the subdivision open space of the parcel to mitigate the visual impact of a potential large storage barn which the applicant indicated he would like to construct within the subdivision open space area. To further accommodate the use, the Planning Board required a covenant and restriction in lieu of a conservation easement. Permitted uses within the 75' buffer include, minimal accessory structures (applicant mentioned farm stand) with Planning Board approval and agricultural and horticultural uses. 3. Timeframe The Applicant's Agent suggests that delays in processing the application resulted from numerous delays by outside reviewing jurisdictions and partially due to staff changes mid-project. The process timeframe purportedly "expanded threefold". Planning Board Response; The Planning Board is not privy to the interaction between the external review agencies and the Applicant's Agent and therefore cannot comment on the claims. Due to staff changes in 2007, the project was assigned to the Principal Planner. A review of the timeline indicates that staff responded to all submissions made by the applicant in a timely manner. The timeline of the application within the Planning Board process follows for your use: Anthony Treua, Senior Planner was assigned Project 1. Application for Sketch Approval was submitted on November 9, 2006. 2. July 18, 2007, the Board of Trustees issued a Letter of Non- jurisdiction. 3. August 14, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action. 4. August 14, 2007, the Southold Town Planning Board granted Conditional Sketch Approval. 5. October 19, 2007, the applicant submitted the application for Preliminary Plat. 6. November 9, 2007, the applicant submitted a Letter of Water Availability issued by the Suffolk County Water Authority. 7. On November 19, 2007 the Southold Town Planning Board granted a Negative Declaration. 8. Mark Terry, Principal Planner took over the processing of the project. 9. On December 10, 2007, the Southold Town Planning Board held the Preliminary Hearing for the action. 10.On December 11, 2007, the Southold Town Planning Board granted Conditional Preliminary Plat Approval. 11.On February 28, 2008, the New York State Department of Environmental Conservation issued a Letter of Non-Jurisdiction for the proposed action. 12.March 11, 2008, applicant submitted draft Conservation Easement 13. April 7, 2008; Worksession: Reviewed draft Conservation Easement, applicant indicated need to store vehicles in storage barn, Planning Board considered covenant and restriction because a storage barn for vehicles is not permitted in subdivision open space. 14.On May 27, 2008, the applicant submitted a letter requesting an additional extension of time for Conditional Preliminary Plat Approval and the Planning Board granted an extension effective June 11, 2008 until December 11, 2008. 15. September 18, 2008, Applicant submitted a Covenant and Restriction 16. September 29, 2008, Worksession: Planning Board reviewed draft Covenant and Restriction. • • 17.On November 12, 2008, the Southold Town Planning Board coordinated with the Suffolk County Planning Commission and Mattituck Fire District. 18.November 11, 2008, LWRP Coordinator recommended CONSISTENT Coastal Consistency determination for proposed action. 19.On November 13, 2008, the applicant submitted the application and for Final Plat Approval (No fee was submitted) 20.On November 17, 2008, the Southold Town Planning Board held the Final Public Hearing for the action the Final Public Hearing was closed. 21.On December 15, 2008, the Mattituck Fire District issued a letter requiring that "all drives remain cleared and maintained". 22.On December 22, 2008, the Suffolk County Department of Planning issued five comments on the action and the Planning Board accepted all comments and applied and incorporated them into action. 23.On January 6, 2009, applicant submitted required $500.00 Final Application Fee. 24. January 12, 2009; Worksession, 25. May 4, 2009; Worksession, 26.On June 22, 2009, the applicant submitted 14 paper and 5 mylar Final Plats with Suffolk County Department of Health approval. 27. July 14, 2009 the Southold Town Planning Board granted Conditional Final Plat Approval subject to the submission of the $7.000.00 park and playground fee or Town Board waiver of fee. Please call my office with any questions. Cc: Martin Finnegan, Town Attorney Southold Town Planning Board Work Session -October 5, 2009 -Page Two Project name: Torell, Arthur SCTM#:, 1000-33-2-10 & 33-2-11 Location: ' 365 Westwood Lane, Greenport, 300 feet north of Homestead Way, Greenport Description: A lot line modification to transfer 2,430 s.f. from Parcel 1 (SCTM#1000-33-2- 10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 (SCTM#1000-33-2- 11), increasing it from 24,756 s.f. to 27,186 s.f. _ _ , Status: Conditional Final Approval , Action: Request Extension of Conditional Final Approval. a Attachments: ,Resolution Granting 6 Month Extension _ _ _ Project name: Morrel, Owen SCTM#: 1000-68-1-15.1 Location: n/s/o Sound View Avenue, 1,700 ft. e/o Diamond Lane, in Peconic Description: Subdivide a 12.03-acre parcel into 2 parcels where Lot 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 sq. ft. with an existing single-family residence and ;associated accessory structures in the R-80 Zoning District. The remaining acreage will remain as open space. _ _ Status: Sketch Approval ' Action: Set Preliminary Public Hearing for Nov. 9, 2009. Attachments: Resolution Setting Public Hearing for 11/9/09 Project name: Southview Preserve SCTM#: ' 1000-78-5-21.4, 21.7, 21.8, 21.9, 21.10 & 21.11 Location: south side of Main Bayview Road, approximately 900' east of Cedar Drive, in Southold Description: Subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot'; 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the 1 remaining 1,1.53 acres of the property to be preserved as open space. Status: .Conditional Preliminary Approval Action: Review LWRP Comments, Map Changes _ _ Attachments: Timeline, Up-Dates Project name: Onufrak, Peter 8 Gloria SCTM#: ~ 1000-114.-5-1 Location: ' 1500 Mary's„Road, Mattituck Description: The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. _ _ _ Status; ,Conditional Final Approval Action: Discuss Park and Playground Fee. i _ _ , 'Attachments: :Draft Letter to Town Board ' _ _ _ 1 Discussion: 1. Comments requested by Town Board: a. Wireless Facilities Code Amendments b. Convenience Store Code Amendments c. Site Plan Requirements and Process 2 South Town Planning Board Work Sess~ September 28. 2009 Page Two - - , Project name: Onufrak, Peter & Gloria ~ SCTM#: 1000-114.-5-1 _ , Location: 1500 Mary's Road, Mattituck Description: ,The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. _ , Status: Conditional Final Approval Acton: 'Discuss Park and Playground Fee. l Attachments: Staff Report Project name: _ Morrel, Owen ,SCTM#: ' 1000-68-1-15.1 Location: n/s/o Sound View Avenue, 1700 feet e% Diamond Lane in Peconic (3945'', Sound View Avenue) _ ; Description: This proposal is to subdivide a 12.03-acre parcel into 2 parcels where Lot; 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 sq. ft. with an existing single-family residence and associated accessory structures in the R-80 Zoning District. The. remaining acreage will remain as open space. _ - Status: Sketch Approval Action: :Discuss setting preliminary hearing date at 10/13/09 regular meeting. Attachments: None Discussion: 7. ZBA request for comments. Scarola. 121-3-6. Conversion of barn to two-family dwelling needs a Special Exception Approval, and the property also needs a lot area variance. 2 ,t O~~OF SO~o • ~ SCOTT A. RUSSELL ,ti ~ Town Hall, 53095 Route 25 SUPERVISOR T P.O. Box 1179 G, • ~ Southold, New York 11971-0959 ~ Fax (631) 765-1823 ~~y~OUNTY,N`~ Telephone (631) 765-1889 ~u OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD MEMORANDUM To: Planning Board From: Scott A. Russell, Supervisor Date: September 22, 2009 Re: Request for reduction or deferral of P&P Fee Attached please find a request from Gail Wickham on behalf of Peter and Gloria Onufrak requesting a reduction or deferral of the Park and Playground fee on their subdivision. The Town Board would appreciate your reviewing this request and providing us with your input and recommendation at your earliest convenience. Thank you for your prompt attention. - I , " . _y~~ ~r ~ ~ ~ LAW OFFICES p ~ WICKHAM, BRESSLER, GORDON & GEASA, P.C. V VVV"~"~~~ ~ 13015 MAIN ROAD. P.O. BOX 1424 WILLIAM WICKHAM (06-021 MATllll ~CK. LONG ISI-AND ERIC J. BRIiSSLER NliA1 YORK 11952 275 BROAD HOLLOW ROAD ABIGAII. A. WICKHAM SUITE I I I LYNNI{ M. <iORUON MELVILLF._ NEW YORK 11747 .IA;JI~f GLASA 631-298-8353 'fF.I.I:PAX NO. 631-298-8565 631-249-9480 wwblaw@aoLcom TELFFAX N0.631-249-9484 September 14, 2009 VIA FAX and HAND DELIVERY Hon. Scott Russell, Supervisor and Southold Town Board Town of Southold _ Post Office Box 1179 ~ ~ ~ ~ 53095 Main Road ' Southold, New York 11971 { i1'. SEP ~ 7 2009 III I. ____J Re: Peter and Gloria Onufrak -Subdivision, Mattituck, NY ~~-s~ , o~,cE Request for deferral of Park and Playground Fee Tou;vl of So'~!~'.le(o Gentlemen/Ladies: On behalf of Peter and Gloria Onufrak. l would like to request a reduction or deferral of the $7,000.00 park and playground fee based on financial hardship and the other reasons set forth below. As background, the Onufrak's applied in 2007 for a Standard subdivision of their property at Mary's Road, Mattituck, NY. "the property contains an existing single family residence on 6.4 acres, plus a wetlands portion resulting from the County sump off Co. Rt. 48. A prior member of the Planning Stafy' led the Onufraks to believe the process would be quick and relatively inexpensive. They retained our firm over a year later when it became apparent that there were many hindrances still in front of-them. The purpose of the subdivision was to create a lot on which their son, who lives and works in the Town of Southold, could build his residence. They plan Co continue to live in the existing residence. Some of the reasons the Onufraks offer as their basis for requesting a reduction or waiver of the $7,000 park and playground fee are: I . Financial hardship. The Onufraks do not currently have the funds to pay the fee, which is required prior to map approval. They run a small local business, and until their son acquires the lot and gets a building loan, there are insufficient funds for the fee. The costs ofthe subdivision to date have far exceeded their expectations. 2. Lot density. The Onufrak's property appears to be large enough to accommodate three lots in total. They elected to reduce the density to two lots, so that the new building lot will have a larger back yard. However, they have voluntarily relinquished one building unit. 3. Building restrictions. To comply with open space requirements of the subdivision, and wetlands restrictions resulting from the County's sump, a large portion of the property will remain open. At one point, the Planning staff required a very restrictive Conservation Easement, which we were able to modify to more simple, straightforward covenants and restrictions. In addition, the Planning Board required a 75 toot buffer along the 400 foot frontage on Co. Rt. 48 which they will not be able to use. 4. Extra Expense. The County Health Dept. required, as a condition of the subdivision, that the sanitary system for the existing residence be rebuilt, at a considerable cost and delay. 5. DEC Delay. The DEC could not figure out the procedure to obtain aletter ofnon-jurisdiction for the subdivision, resulting in inexcusable cost and delay. 6. Mortgagee Delay. The Onufrak's bank took months to approve the covenants required by the Health Dept. Their bank was originally Lehman Bros., who transferred the loan to another company shortly before they went out of business, and obtaining a response from the Bank took an incredible and persistent effort. 6. Timeframe. Primarly as a result of the above, and somewhat as a result of a change in the Planning Staff mid-project, the timeframe has expanded three fold. The current staff and Planning Board have been extremely considerate in attempting to move the project. 7. Applicant. The applicants are local, small business owners, trying to utilize the property for their family. They are not large developers trying to maximize a profit on their land. Accordingly, we request that the park and playground fee be reduced to $3,500.00, and that whatever fee is required be deferred until the granting of the Certificate of Occupancy for the new house. That will enable the Onufrak family to obtain a construction loan to construct the house, and into which they may work the cost of any park and playground fee. By tying the condition to the issuance of a CO, the Town will be able to monitor the requirement as part of the building process without an additional obligation on the Planning staff. Thank you for your consideration. Very r y you s, ~A t it A. is am AAWt Cc: Planning Board 30/shdtb MS t.;i W OFFIC.IiS ` WICKHAM, BRESSLER, CORDON & GEASA, P.C. 13015 MNN KOAD. N.O. E30X 1424 W7LLt~M W'ICKHANI (06-02) MA'I~ll TliCl:. LONG ISLAND IiRIC J. 13RIiSSLf-:R NI'.Ab' YURK 11952 375 BROAD HOLLOW ROAD iABIGAII. A. WICKH,~M SUrrF. I I I Ll'NNh: M. (iOfZDUN ~4ELVIL1.1 i. N8W YORK 11747 iiANIiT GEi1tiA fii I-39N-H 153 Tf:LHIAX NO. G31-?98-8565 631-249-9480 WWbIaW Q,aOLCOm 7~HLE1'AX NO. 631-249-9484 September 14. 2009 VIA FAX and HAND DELIVERY Hon. Scott Russell, Supervisor and - Southold 1"own Board Town of Southold Post Office Box 1179 53095 Main Road Southold, New York 11971 .,d::~'e. i d.e Re: Peter and Gloria Onufrak'~wSubdivision, Mattituck, NY Request for deferral of Park and Playground Fee Gentlemen/Ladies: On behalf of Peter and Gloria Onufrak. I would like to request a reduction or deferral of the $7,000.00 park and playground fee based on financial hardship and the other reasons set forth below. As background, the Onufrak's applied in ?007 for a Sfandard subdivision of their property at Mary's Road, Mattituck, NY. "Ihe property contains an existing single family residence on 6.4 acres, plus a wetlands portion resulting from the County sump off Co. Rt. 48. A prior member of the Planning Staff led the Onufraks to believe the process would be quick and relatively inexpensive. They retained our tirm over a year later when it became apparent that there were many hindrances still in front of them. The purpose of the subdivision was to create a lot on which their son, who lives and works in the Town of Southold, could build his residence. They plan to continue to live in the existing residence. Some of the reasons the Onufraks offer as their basis for requesting a reduction or waiver of the $7,000 park and playground fee are: 1. Financial hardship. The Onufraks do not currently have the funds to pay the fee, which is required prior to map approval. They run a small local business, and until their son acquires the lot and gets a building loan, there are insufticient funds for the fee. The costs of the subdivision to date have far exceeded their expectations. 2. Lot density. The Omifrak's property appears to be large enough to accommodate three lots in total. They elected to reduce the density to two lots, so that the new building lot will have a larger back yard. However, they have voluntarily relinquished one building unit. 3. Building restrictions. To comply with open space requirements of the subdivision, and wetlands restrictions resulting from the County's sump, a large portion of the property will remain open. At one point, the Planning staff required a very restrictive Conservation Easement, which we were able to modify to more simple, straightforward covenants and restrictions. In addition, the Planning Board required a 75 loot buffer along the 400 foot frontage on Co. Rt. 48 which they will not be able to use. 4. Extra Expense. The County Health Dept reyuired, as a condition of the subdivision, that the sanitary system for the existing residence be rebuilt, at a considerable cost and delay. 5. DEC Delay. The DEC could not figure uut the procedure to obtain a letter ofnon-jurisdiction for the subdivision, resulting in inexcusable cost and delay. 6. Mortgagee Delay. The Onufrak's bank took months to approve the covenants required by the 1lealth Dept. Their bank was originally Lehman Bros., who transferred the load to another company shortly before they went out of business, and obtaining a response from the Bank took an incredible and persistent effort. 6. Timeframe. Primarly as a result of the above, and somewhat as a result of a change in the Planning Staff mid-project, the timeframe has expanded three fold. The current staff and Planning Board have been extremely considerate in attempting to move the project. 7. Applicant. The applicants are local, small business owners, trying to utilize the property for their family. They are not large developers trying to maximize a profit on their land. Accordingly, we request that the park and playground tee be reduced to $3,500.00, and that whatever fee is required be deferred until the granting of the Certificate of Occupancy for the new house. That will enable the Onufrak family to obtain a construction loan to construct the house, and into which they may work the cost of any park and playground fee. By tying the condition to the issuance of a CO, the Town will be able to monitor the requirement as part of the building process without an additional obligation on the Planning staff. Thank you for your consideration. Very r y you s, ~A t it A. ickham AAW~ Cc: Plam~rng 6ota•d 30/shdrb `aEP-142009 14:51 FROM:WICKAM ~SLER 631 298 8565 T~653136 P.001~00~ Law Offices ' " WICKHA. , SRESSLEIi, GORDON & GE~SA, P.C. ~ 13015 ,Main Iioad,l'.O. Sax 1424 1Vlaltituclc, ZVew Fork 11952 631.29&8353 Telefax no. 631-298-8565 This transmissign contains inPomtation confidentinl and/or legally piivilegcd. ]t Is intended far use only by the petsgn to whom it is ditccted. if yaa have rcccived Lhis teleeopy in errors please notify us by telephone immediately so that we con arrange for the return n1'the documents to us at np cost tc+ you. If you do not receive all of the pages indicated. please cal] 95 soon ac pgssfblc ai the number above. ~ 1,~ 1,, ~ ~ ws~..~ From: \ 0.~ C 1 ' Comment: `Tltisis page ane a£ SEFt19-2009 14:51 FROM:WICKGM~SSLER 631 298 8565_ TO' 53136 P.002~003 ` I,AW (aF9~I(atti WICKHAM, BR1?SSLF,R, GORF)ON GEASA, P.C, 13fa1$tvt AIN ROAD, N,O, IrOX 1-024 WILLLIM WII,IKIIAM1116-D21 MA~II'1TI !CK. LONG ISLANII til{IC .I, ItR1i5SL1'sR NViW YORK 11952 2751iRUAl)IIUI,I,(1W I{OAU A131(iAILA. WICKIiAM Sllll'li III LYNNI. M, CIUR(?ON MI!il,vll.l.l:. NI'1V YORK 11747 .IAVI{'I f.F.AVA. 631.298-8353 T'IL.r?F~X NO. G3L298_g56g 631-249-94 $p r WWb ry. _ I;Fil,l?PAX NU, fi31-244.44N4 ,i~miikb tcmber 14, 209 _ ~ I Vlft FAX and H~Nll DELIVERY ~ S~ l10 ~i; ~ ~ ~ _ Man. Scott Fussell. Supervisor and ~ ~ Y Southold Town Board SEP ~ 5 2009 'Cbwn of Southold ~ ~'4 Post Office Box 11.74 i. T ; r-" + 53(195 Main K(aad ` , _w R~t,•~ j Southold. lUcw Yark 11971 _ ,.w.,..,.,...,. -,r Re: Peter crud C:loria Onufrnk - Suhdlyi(slon, Mattituck, NY Request £or deferral 01' Park and Plstyf;round Fee (Ientlemen/l.,ad ies: On behalf of parer and Gloria Onufrak, f would like to request a reduction or deferral of the $7.000.00 park and playground fee based on tinancdal hardship and the other reasons set faRh be{ow. As background, the Onufrak's applied in 2(107 for a Standard subdivision of their property at Mary's Road, Mattituek; NY. The properly contains au existing single family residence on G.4 acres, plus a wetlands pon:ion resulting fYam the County sump otf Ca. Kt. 48. A prior member oi'the Planning Siaff led the Onu£raks to brlieve the process would be quick and relatively lnespensive. They retained our firth over a year later when it became apparent that there wire rnanv hindrances still in front ofthcm, The purpose of the' subdivision wac to cJ•eake a lut on which their son, who lives and Works in the Town of Southold, could build his residence. They plan to continue to live in the oxisiing residence. Same of the reasons the Onufraks offer as their basis for requesting o reduction nr waiver of the $7.000 park and playground fee arc: 1. Financial hardship. The Onufraks do oat currently have the funds to pay the fee, which is required prior to map approval. They Jvn a small loct{l business, and until their son acquires the lai and gets a building loan, there arc insufficient funds far the fee. The casts of the subdivision to date have far exceeded their eXpectaaions. ~ SEA 14-2009 14:51 FROM:WICKRM~SSLER 631 296 8565 TO' 53136 P.003~003 _ 2. Loo density. The Onufrak's property appears t~ be large enough to accommodate three lots in total. They elected to reduce the density to two lots, sn that the new building lot will h.rve fl larger back yard. However, they have voluntarily relinquished ono building unit. 3. Building restrictions. To comply with open space requirements of the subdivision, and wefilands restrictions resulting from the Coumty's sump, a large portaon of the property will remain open. At ono point, fire Planning staff required a very restrictive Conservation Basement, which we were able to modify to more simple, straightforward covenants and restrictions. In addition, the Alannirtg Board required a 75 loot buffer along the 400 foot frontage nn Cn. Rt. 48 which they will not be able to use. R. Extra Expense. The County Health Dept. requ(c~ed. a, a condition of the subdivision, that the sanitary system £or the existing residence be tebuilt, at a considerable cost and delay. S, DEC Delay, 'The DBC could not figure out the procedure to obtain aletter ofnon-jurisdiction for the subdivision, resulting in inexcusable cost and delay. (i. Mortgagee Delay. The Onufrak's bank took months to approve the covenants reyuired by the Flealth Dept. 7lteir bank was originally Lehman ATOS., who transferred the loan to another company shrn7ay before they went out of business, and obtaining a response from the Bank took an incredible and persistent effort. Timeframc. Primarly a5 a resuh ofthe shave, and somewhat as a result of a change in the 1lanning Staff mid-project, the timeframc has expanded three fold. The current srtfl'and Planning Board have been extremely oonsiderate in attempting to move the prgject. 7. Applicant. 'Il1e applicants are loc..-~l, small business owners, trying to utilize the property for their fancily. They are not large developers trying to plaximizc a profit on their land. Accordingly, we request that ibe park ?nd playground 1'ee he reduced to $3,500,00. and that whatever fee is required he deferred until the granting of the Certificate of Occupancy for the new house. That will enable the Unufrak family tp obtain a construction loan to construct the house, and into which they may work the cost of any park and playground fee. By tying the cnnditioat 1o the issuance of a CO. the Town will be able to monitor the rcquit~emem as pan of the building process without an additional obligation tan the Planning staff. Thank you for your consideration, _ Very r y yo s, ~A.t ilA. is am AA7Mr C"c: Pluivniny±l3aurd 30/tdidrh I / ~ ~ MAILING ADDRESS: PLANNING BOARD MEMBER6 ~pF SOpjy P.O. Box 1179 MARTIN H. SIDOR h0~ Q/_ Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS y y~ Town Hall Annex KENNETH L. EDWARDS ~ • @ 54375 State Route 25 GEORGE D. SOLOMON Q ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND l''r,0~n~ ~ Southold, NY Telephone: 831 766-1838 Fas: 831 786-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 14, 2009 Mr. & Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Conditional Final Plat Approval: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, July 13, 2009: WHEREAS, 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 wilt be permanently preserved by Covenants and Restrictions; and WHEREAS, an application for Sketch Approval was submitted on November 9, 2006, including the sketch plan prepared by John T. Metzger, L.S., dated November 2, 2006; and WHEREAS, on July 18, 2007, the Board of Trustees issued a Letter of Non jurisdiction; and WHEREAS, on August 14, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 14, 2007, the Southold Town Planning Board granted Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007; and WHEREAS, on October 19, 2007, the applicant submitted the application for Preliminary Plat Approval, one (1) copy of the Draft Declaration of Covenants and Restrictions and the Preliminary Plat prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on October 5, 2007; and ~ ~ • Peter & Gloria Onufrak Paae Two July 14, 2009 WHEREAS, on November 9, 2007, the applicant submitted a Letter of Water Availability issued by the Suffolk County Water Authority; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action on November 19, 2007; and WHEREAS, pursuant to Section 268-5 of the Southold Town Code, the. Southold Town Planning Board has reviewed the proposed. action to the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent with the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on December 10, 2007, the Southold Town Planning Board held the Preliminary Hearing for the action; and WHEREAS, on December 10, 2007, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by John T. Metzger, L.S., dated as last revised October 5, 200T, and WHEREAS, on May 27, 2008, the applicant submitted a letter requesting an additional extension of time for Conditional Preliminary Plat Approval and the Planning Board granted an extension effective June 11, 2008 until December 11,.2008; and WHEREAS, all conditions outlined in the Conditional Preliminary Plat Approval have been met; and WHEREAS, on February 28, 2008, the New York State Department of Environmental Conservation issued a Letter of Non-Jurisdiction for the proposed action; and WHEREAS, on November 12, 2008, the Southold Town Planning Board coordinated with the Suffolk County Planning Commission; and WHEREAS, on Novembef 13, 2008, the applicant submitted the application and fee for Final Plat Approval; and WHEREAS, on November 17, 2008, the Southold Town Planning Board held the Final Public Hearirig for the action; and WHEREAS, the Final Public Hearing was closed; and WHEREAS, on December 15, 2008, the Mattituck Fire District issued a letter requiring that "all drives remain cleared and maintained"; and y . • Peter & Gloria Onufrak Page Three July 14, 2009 WHEREAS, on December 22, 2008, the Suffolk County Department of Planning issued five comments on the action and the Planning Board accepted all comments and applied and incorporated them into action; and WHEREAS, on June 22, 2009, the applicant submitted 14 paper and 5 mylar Final Plats with Suffolk County Department of Health approval, dated June 29; 2006 on the plat prepared by John T. Metzger, L.S., dated as last revised May 18, 2009; therefore, be it RESOLVED, that the Southold Town Planning Board accept the Declaration of Covenants and Restrictions filed with the Office ofthe Suffolk County Clerk on June 8, 2009 on Liber D00012590, Page 354; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval upon the plat prepared by John T. Metzger, L.S., dated as last revised May 18, 2009, subject to the fu~llment of the following condition: Submission of the Park and Playground Fee in the amount of $7,000 ($7,000 per new lot created) or waiver of such fee approved by the Town Board. Upon satisfaction of the above condition, the Southold Town Planning Board authorizes the Chairperson to endorse the Final Plat. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62} days of the date of endorsement shall become null and void. If you have any questions regarding the above, please contact this office. ~Vepry truly y`o~ur~s, "'10~~, Martin H. Sidor Chairman i WORK SESSION AGENDA S~THOLD TOWN PLANNING BOA Monday, July 73, 2009 4:30 p.m. 4:30 p.m. Applications Site Plans ` Pro ect na_m_e_____ 1 Joint Indus Bd. Santorini I SCTM# 1000-83-2-17.3_ J ---~----------Z-----~--- Location: _ 3800 Duck Pond_Road, Cutch_o~ue_____________________ _ Description: ~ This site plan is for the proposed construction of an 18,000 sq. ft. i meeting/conference facility and interior alterations of an existing motel, restaurant, pool and pool house on a conforming 12.3 acre site partially located in the Resort Residential and Agricultural Conservation Zoning ;Districts. ~ Status ~ Site Plan Review F--_._......--._.._......_.._.---------- ~ Action: _ Review Negative Declaration_______ - Attachments: Negative Declaration (Hand-Out _ _ r------- Project name: Hudson City Savi~s Bank Plaza I SC__TM#~ 1000=122-3-17.~ ! Location: 11520-11750 Main Road, Mattituck _ Description: This site plan is for the proposed construction of 2 buildings totaling 13,227 square feet where one proposed two-story building is 9,500 ~ square feet of office space and the other proposed one-story building is ~ 3,241 square feet for a bank use with 65 proposed parking spaces on a ~ 1.931 acre split-zoned parcel in the General Business and Residential-40i Zoning Districts located approximately 509' east of Bay Avenue, on the ~ south side of NYS Road 25, in Mattituck Status: Final Approval Action Review lankua~e in resolution Attachments Draft Resolution Subdivisions (Pr~ect name: Onufrak,_Peter & Gloria ,SCTM#: ; 1000-114.-5-1 1 ~ Location: , 1500 Mar~r's Road, Mattituck ! ~ - -----i ~ Description: i The property is located on the n/e/c/o CR 48 and Mary's Road in i I Mattituck. I Status: Conditional Preliminary Approval/Final Public Hearin~_Held/Closed ~ Action: ,Discuss Park and Playground_Fee j Attachments: Draft Resolution i Pro'ect name: Sutton Standard Subdivision SCTM#: 1000-78-9-54 & 78 ~ --1- Location 111.56 feet north-east of Liberty Lane and Victoria Drive, Southold ' ....-'--1 Description: 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 have been ~ previously merged. Lot 1 would be 61,899 square feet and proposed Lot I _ ~ 2 would be 44,587 sq ft in_the R-40 Zoning District. _ IStatus: Sketch Approval _ ~ 1 Action: ~ Discuss up_dates__ - t - - ~ - ~ ~ - -----1 ~ Attachments: ~ Hand-Out SUL-13-2009 15:28 FROM:WICKAM~SSLER 631 298 8565 T0~53136 P.002~00~ LAW OFFICES WICK!-[AM, BRESSLER, Gd~RIDON 8c GEASA, P.C. 13015 MAIN Rt3AD, P.O. BOX 1424 WILLIAM WICKHAM (OG-02) MATTCfUCK, LANG ISLAND ERIC J. BRESSLER NEW YQRK ] 1952 275 HRUAD HOLLUW ROAD ABIGAIL A. WICKHAM SUITE I11 LYNNE M. GORDDN MELVILLE, NEW YORK 11747 .IAN ET GEASA 691-29s-A357 TELEFAX N0, 6a I+298.8565 631-249.9480 WWb1aW~aQ1.C01n TELEF'AXN0.631.249.94A4 JDIy 1 a, 2009 ViA FACSIIV[IT.E tb31) 765-31.36 Atm: Pvlark Terry, Sr. Environmental Planner Southall Town Planndng Board Post Office Box 1179; 53095 Main Road Southold, New Xark 11971 Re: Standard Subdivlsian of Peter and Gloria Onufrak Premises: NIE Corner oI County Route 4B and Mary's Road, Mattituck,lVY SC'PM# 1.000-II4-5-I Deaz Mazk: The Onufrak's request a waiver of the $7,000. Park and Playground Fce because: 1. T11ey are seeking a 21ot subdivision ether than. a 3 lot subdivision; 2. The health dept. rcquired an entirely new sanitary system fox the existing residence; 3. Mr. Treaza hc]ped them. estimate expenses which have turned out to be thousands of dollars more than anticipated.; and 4. The subdivision is for Family plan3ling purposes! the new lot is going to their son. Your considcratiou is appreciated. ycry truly yours, f////_/J /G3^/ Abigail A. Wickham AAW/cs ' 14lshdp8onufrak2 ~ U ~ i 1 JUL 1 4 2009 , Planning Board Work Session Agenda Page Two July 6,2009 f Project nam_e:_ TKaren Mazzaferro Standard Su_bdiv. _ SCTM#: 1000-63-1-12 f Location: _ The~ro~erty is located on the east side of Horton's Lane, in Southold. _ Description: 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., and Lot 3 equals 90, 023 sq_ft, in the R~0 Zoning District. Status: Open__ Action: Grant Sketch Approval _ Attachments: Draft Resolution -Project name--- _ Hudson Cites Savings Bank Plaza SCTM#: 1000122_3_17.1 Location: 11520-11750 Main Road, Mattituck _ _ Description: This site plan is for the proposed construction of 2 buildings totaling 13,227 square feet where one proposed two story building is 9,500 ~ square feet of office space and the other proposed one story building is 3,241 square feet for a bank use with 65 proposed parking spaces on a 1.931 acre split-zoned parcel in the General Business and .Residential-40~ zoning districts located approximately 509' east of Bay Avenue on the south side of NYS Road 25 in Mattituck. Status: Final approval---- Action: Review draft resolution for final approval- Attachments: Draft resolution - - Pro ect name: Onufrak, Peter & Gloria SCTM#: 1000-114.-5-1 t - - Location: 1500 Ma s Road, Mattituck Description: The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. Status: ~ Conditional Preliminary Approval/Final Public Hearinc~Held/Closed Action: Consider Conditional Final Approval - Attachments: Draft Resolution - - /"1 ~ Q~ Submission Without a cover Letter Sender: ~O/z~7} ~,d c.~ fi~~ ~R<.,~,, Subject: ~u~o~~i JIS,`cn.~ _ SCTM#: 1000- /ICr--C;~- O / ~ ` S~` Date: /tea/6 5 _ _ - .Comment/Jy~i?~"~ P~e~ M~S a - ~ ~ , l ' ~ ~ ~i • ! s~bf ~~r, r-iw orrires WICKHAM, BRESSLF:R° CORDON & GEASA° P.C. 13015 MNN ROAD. P.O. BOX 142A WIL1.lAM WICKHAM (06-02) MATlIII Y'K. LONG ISLAND hRIC .I. BRP:SSLLK Nliw YORI: 1195? 275 BROAD HOLLOW ROAll A131GA71. A. WICKHAM SUlll? I l l LYNNI[ M. CORDON MIiLVILLI?, NEW YORK 11747 IAVFT GEASA 63J-398-8353 TI~:I,I[I'.AX NO. 631-298-8565 631299;-~tk$Ll..,_ wwblaw~raol.co ~ -~-m n ra~r-;a^fiTi'='~-9~sa June 15, 2009 _ C l ~i C~ { f~~r Attn: Mark "Gerry, Sr. Environmental Planner ; I Southold Town Planning Board ~ Post Office Box 1179; 53095 Main Road - Southold, New York ] 1971 ~ _ v _ Re: Standard Subdivision of Peter and Gloria O ufr~k - - Premises: N/E Corner of County Route 48 a~ary's Road, Mattituck, NY SCTM# 1000-114-5-1 Dear Mark: Enclosed is a certified copy of the Declaration of Covenants and Restrictions. which was recorded in the Suffolk County Clerk's Office on .Iwrc 8, 2009 in Liber 12590 page 354. ery truly yours, 0~ ` OC~G~c~.- anna McGahan Paralegal dnr encl. 30G~hdpbana~/i~ak • CC # : C09-22879 s 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 06/08/2009 under Liber D00012590 and Page 354 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 06/08/2009 SUFFOLK COUNTY CLERK ~u. cLrs.C. Q. ~ JUDITH A. PASCALE ~Mri,T. ~ ` ~ ~ SEAL SUN ~ 6 f`~ Planning Board Work Session ,~nda Page Two ~ May 4, 2009 ~Pro'ect-name__: _ S apdPa~erineGhassemi SCTM#:' 1.0_00-31-1-1 ! j Lo ation: ~ The roe is located on the north side of NYS Route 25, 4____ _ ___iap~roximatel~r 831 feet west_of Rom Point_Road, in Easf Marion. I ' Description: 'Proposed conservation subdivision of a 31.0137 acre parcel into four lots where Lot 1 equals 25.7355 acres, from which the Development ~ j Rights areproposed to be sold to Suffolk County for the purpose of i farmland preservation, Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 j _ acres and Lot 4 equals 1 acre, in the_R-80 Zoning_District { ~ Status_ _ _ Conditional Final Approval - _ ___i Action: 'Review Road Maintenance~reement,_ _ FF 3 - --j I Attachments: ;Road Maintenance Agreement ~ Project name Chase Bank, Mattituck 1SCTM#: j 1000-143-3-33.2 ~ Location Approximately 120 feet east of Marlene Lane, on the south side of NYS _ _ _~Route 25, in Mattituck______________ _ _ Description ;This proposal is to subdivide a 112,743.23 sq. ft. parcel (2.818 acres) ~ I into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning District I and Lot 2 equals 63,480.41_sg._ft. in the R-40 Zonis District _ _ I Status: ~ Negative Declaration for the proposed action Action {Review Negative Declaration and Resolution. Attachments: _Ne ac„~tive Declaration and Resolution _ _ _ Project name: _ Onufrak, Peter 8 Gloria I SCTM#: 1000-114-5-1 j ' Location I The property is located on the n/e/Go 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 i !Covenants & Restrictions. Status Prelimmary A~~roval r - - - - F Action. * Reguest for second extension of Preliminar~r Approval { _ - . - ; Attachments: i None Project name_ a Sterling Harbor, Inc. at Bayvrew ~ SCTM#: 1000-88-2-15 Location: I North side of Main Bayview Road, 300' east of Midland Parkway in the j A-C Zoning District in Southold r---- - Description: i Subdivide a 14-acre parcel in the A-C zone into five lots where Lot 1 I ! ~ equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot I i j 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 _ _ _ _ I s.f. buildingenvelope and a 369,901 s_f_presenred area Status: Expired Preliminary Plat Approval Action: Consider re-issuing Preliminary Approval upon re-submission of ~ Preliminar~r Plat Ap~lication____________ _ Attachments i Resolution for May 11~ublic meeting • • L.AW 0~,:,~,s WICKHAM. BRESSLER. CORDON & GEASA, P.C. 13015 MAIN ROAD. RO. I30X 1424 WILLIAM WICKHAM t06-02) MATllll ~CK. LONG ItiLAND 17210 J. nRl[tiSLgR VI-.AA' YORK 11952 275 I3RUAD HOLLOW ROAD ABIGAII. A. WICKHAM SUlll? I I I I.YNtiI-: M. CORDON MI?LVILLB. NEW YORK 11747 JAnI~ l' GBASA 631 ?98-8353 TI'.I J?F,1X NO. 631 ?98-8565 631-249-9480 WWbIaW [7,aOl.COm 11iLliIAX N0. 631-249-9484 May 4, 2009 Attn: Mark Terry, Senior Environmental Planner 'Down of Southold Planning Board Yost Office Box 1179 Southold. New York 11971 Re: Proposed Standard Subdivision of Peter and Gloria Onufrak Premises: Mary's Road, Mattituck, New York SCTM# 1000-114-5-1 Dear Mark: As an update, our clients have progressed with the Health Department. The Health Department covenants and restrictions have been finalized and recorded. For the Health Department to grant final approval, the sanitary system for the present residence on the property must be upgraded, which is in process. Upon completion of the septic upgrade, we expect final approval. We, therefore, request an extension of preliminary sketch plan approval. f hank you for your consideration. Ver~truly yours, GV iC{'-~"~-~'~` ~ e,. Abigail A. Wickham a: nr 30 shdphecl f v f-~_ ' M , r, 2009 i 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 8~ Subdivisions Subdivisions: Project name Onufrak, Peter & Glona I. SCTM# 1000 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 Covenant & Restriction. Status: Preliminary Approval Action: Review SC Planning comments & Fire District response Attachments _ 12/22/08 SC Planning letter, 12/12/08 Fire Distnct letter . Project name Baxter, William J Jr SCTM# :1000 102 5 9 4 Location 260 Grilling Avenue, Cutchogue 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 Distnct Status: Open Action: Revew request for application fee rollover _ Attachments 12/29/08 letter from AbigaiLWickham,Esq _ Project name Adrpietro, Robert I_ SCTM# 1000 74 3 16 Location: on the a/s/o Peconic Lane, approximately 333 ft. s!o County Road 48, in Peconic I 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. i - Status: Conddional Sketch Approval Action: Discuss driveway buffer. For Discussion: 1. Code Enforcement with the new Code Enforcement Officer Submission Without a Cover Letter Sender: ~n ~ Subject: w"' ~ ~ S t o-t~~ SCTM#: 1000 - I~ Date: Comments: ~Q~~ C~ ~ ~3 _ ~ ' ~ 1_- M~ COUNTY OF SUFFOLK ~ ~{~\L m~ STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING December 22, 2008 Town of Southold Planning Board PO Box 1179 Southold, New York 11971 Att: Mr. Mark B. Terry, Principal Planner Re: Peter and Gloria Onufrak Suffolk County Tax Map No.: 1000-114-5-1 Suffolk County Planning File No.: S-SD-08-04 Dear Mr. Terry: Pursuant to the requirements of Section A14-24, Article XIV ofthe Suffolk County Administrative Code, the above referenced subdivision that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: • The most landward limit of freshwater wetlands should be flagged (within two years of final subdivision plan approval) in the field by a qualified expert, verified by the appropriate regulatory agency and shown on all surveys, maps, plans, plats or sketches. • Unless a greater buffer is required pursuant to Federal, State, County or Local regulations, a minimum buffer area of 100 feet shall be maintained adjacent to a designated wetland. Removal of vegetation shall only be permitted in accordance with applicable Federal, State, County or Local regulations. • All stormwater runoff resulting from the development and improvement of a subdivision or any of its lots should be retained on site by adequate drainage structures so that the stormwater runoff will not flow into flagged wetlands or wetland buffer. • Adequate restrictions should be placed upon open space areas to insure that these areas will not be developed in the future or used as collateral for improvements within this or any development in the future. _ • Before the development plan is approved, the developer should be required to submit the proposal to the Suffolk County Department of Health Services for review to insure that the proposed developmentwillrneet the requirements and standards of that agency. Sincerely, _ Thomas Isles, ATCP 2 , ~~os 1 irectgyof Plan ' g ~E~ c~! ohn H. Corr Planner _ LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 N`~ ~ATTITUCK FIRE DISTRI~ ~g PO BOX 666, PIKE STREET MATTITUCK, NEW YORK 11952-0666 CommWalonera Jerome E. 2uhoakl., Chairmen John C. Hafrtson, Secretary Barbara Dickerson, Treawrer Martin L GdMin, Sr., Vlee Chairman Norman A Rellty, Jr. Davitl F. Hess Lloyd H. Relsenberg December 12, 2008 Southold Town Planning Board - --1 Mr. Mark Terror, Principal Planner ` ' " " P O Box 1179 ~ - Southold, NY 11971 5~ Re: Onufrak Standard Subdivision I CR 48 & Mary's Rd., Mattituck, NY _ _ _ SCTM#:1000-114-5-1 ; , -n Dear Mc Terry: - The Board of Fire Commissioners of the Mattituck Fire District reviewed the above mentioned standard subdivision make no additional recommendations other than that all drives be cleared and maintained to meet Southold Town Code. If you require any additional information please do not hesitate to contact me. Sincerely, o C. 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Also complete A kern 4 N ResMcted Delivery b desired. ant ¦ PriM your name and address on the reveres t Addressee so that we Can return the Cent t0 you. & try (PrMted Alerne) C.q~ Del ¦ Attach this card to the b~k of the rrlailplece, ! t/~j.d~u or on ~irorN M apace permNs. D. f6 delNely address dMerant flan Item 1T ? YHs 1. Article rrsaM to: H YES, enter delMSry address bebw: No /~Qe~ S /YIA/R~,/~St - M~r/ ~G~ /„Y /l r/~Z 3. CatlesdMail ? F.xpeeaMall / O Regletaed O Ratan Rewlpt for Merclydae ? Irreaed Mall O C.O.D. 4. Restricted DeINatR (Extra Fee) O Vas 2. ArtkAeNumber 7007 1490 0001 2418 3243 (iians/er from servke labs PS Form 3811, February 2004 Don+aatic Ratan RacNpt +bzsssazaF+ea ¦ Complete kerns 1, 2, and 3. Afro corrlpled A > Rem 4 if Restricted Delivery b desired. X ~ _ _ _ , (t ~a ¦ Print your name and address on the reverse ~"tr'V ? Addraaws so that we can return the card to you. g, Received by (Printed Name) C. to m ¦ Attach this card to the back of the mailpiece, or on the front If space pertnks. - )G 3U G D. Is delNery f?~ 17 ? V 1. Article Addressed to: If YES, ant d ery address ? No u, ~ oe~ ~ ~ I 3~ o ,,~/c~.~k~ Djc _ yf:~ ~~/U4~/-1/~ ',~"^7/ 3. Service Type ~ ~ - ~ /19~ 33 ~ 0 certlned Man ? E~ra.a Mall / Registered ? Return Receipt forlMUl+ardiee ? Ir+sured Mall ?C.O:fJ. 4. Restricted Deltverl/1 (Extra Fee) ? yes 2. Article Number 707 1490 0001 2418 3304 (rrensler from serv/ce label) PS Form 3811, February 2004 Domestic Return Receipt +ozsssmx+sa .e ¦ Complete items 1, 2, and 3. Abo complete A ,S/~ignature item 4 if Restricted Delivery is desired. X / I ~ ~ ? tit ¦ Print your name and address on the reverse drmsee so that we can return the card to you. - 8. ' d bY. naxi Name) C. Date3 ~ fNxy ¦ Attach this card to the back of the mailpk~, /6 u or on the front if space pennils. D. 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ArtICIeNUmber 7007 1490 0001 2418 3267 (riansfer from serv/ce /abeq PS Form 3811, February 2004 Domestic Return Receipt +ozssssoz-m-+sao ; ~ Submission Without a Cover Letter Sender: ~ ~O/"/ Qr C.%I" 1 l~~ SuUject: tf 5lJ EJ~I cSl SCTM#:.1000 - f ~ ~ ~ - 1 - - ~J ~J L Date: ! f ~ i ~`f'/ U ~ - 1 ~n1 /1 ~ L I Comments: ~~L+~(.i-v r ~ ~ ~I~JZ/ ~ - 7I C~?~-~~~~,'e~' r~'1 Q~~ ~ f'~eCel1~ 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 i place for seven days prior to the date of the public hearing on : a 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 M/~rz„! ylp I / t- ~ U I`'/b/~-/~- d Your Name (print Signature t 5 ~ ~ ?V1~2.~s ~ M /3-i-T" i ~ , n/ 4,~ r~ 5 S Address //-i3-~~~ - e Otary PUbIIC pONNA M. HII_l NCTARY ?UBI_IC. Starr of ntn~q v~,~ No. 01 HI~O'9n,ao _ c,,,,.ik PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Fri.. 11/14/08 Re: Proposed Standard Subdivision of Peter 8~ Gloria Onufrak SCTM#s: 1000-114-5-1 Date of Hearing: Mondav, November 17, 2008, 6:00 a.m. • • Submission Without a Cover Letter Sender: ~ r^~ ~ vh V ~ra~j suh;eet: d v-Fra-K ~`-~C~.hdct-~c~ b~ v,srot7 SCTM#: lOQO - Date: ~ ~ ~ ~ b Comments: ~~~n ~~~/(f.~~~f>I'7 faf fry) ~ r~ ; ~ _ ~ r 1_ _ • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 o~~pF SO(/jyol sonthota, NY 11971 JERILYN B. WOODHOUSE Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~0 (cor. Main Rd. & Youngs AveJ JOSEPH L. TOWNSEND I~COU~'~ Southold, NY Telephone: 631 765-1935 Fax: 631 766-3136 PLANNING BOARD OFFICE November 12, 2008 TOWN OF SOUTHOLD 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 A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Peter and Gloria Onufrak HamleULocality: Mattituck S.C.D.P.W. Topo No.: Zoning: R-80 S.C. Tax Map No.: 1000-114-5-1 Standard Sub. X Conservation Sub._ Commercial Site Plan Residential Site Plan Re-Subdivision (Lot Line Change) MATERIAL SUBMITTED: Preliminary Plat 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 Environmental Assessment Form as submitted by applicant. Page 2 Southold Town Planning Board Referral Referral Criteria: The property is located within 500' of County Route 48, a Suffolk County Right of Way. 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 SEORA 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: 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 Covenant and Restriction. We request acknowledgement of receipt of this referral (X) Yes ( ) No Referral received 2008 by the Suffolk County Planning Commission and assigned File No. Very truly yours, Mark B. Terry Principal Planner Encls. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~OF SOG P.O. Box 1179 JERILYN B. WOODHOUSE 0~ rye Southold, NY 11971 Chair ~ ~ 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 I,fCOU,M'~ Southold, NY 111' Telephone: 631 766-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 12, 2008 Mr. John Harrison c/o Mattituck Fire District P.O. Box 666 Mattituck, NY 11952 Re: Request for Review of the Onufrak Standard Subdivision Located on the n/e/c/o CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Dear Mr. Harrison: This standard subdivision is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. 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 Covenants & Restrictions. Please contact me at (631) 765-1938 if you have any questions. Thank you for your cooperation. (S~in,~cerely, /~~i Mark Terry Principal Planner enc.: application map ~ _ - - ~l3 • • r'4 OFFICE LOCATION: ~~OF S~UrjfrO MAILING ADDRESS: Town Hall Annex ,~O l~ P.O. Box 1179 54375 State Route 25 ~ ~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) u+ ~c Telephone: 631765-1938 Southold, NY G Q ~ • ,O Fax: 631766-3136 ~~y00UNi'I,N~ LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Jerilyn B. Woodhouse, Chair Members of the Planning Board y I~ it ~ ~~1 From: Mark Terry, Principal Planner ~ r _ s ~ LWRP Coordinator i Date: November 11, 2008 ~ - Re: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's ld~ri-lVIafflTu' c1t"-' - SCTM#1000-114-5-1 Zoning District: R-80 Note, that the action is located directly north of County Route 48, a New York State Scenic Byway. 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 recommendation is implemented: To further 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 fencinp~ 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. w ~ • • It is recommended that the Board in the covenant and restrictions: 1. Require a 75' vegetative buffer from County Route 48 property line, north, to contribute to the scenic quality of the CR 48 which is a New York State Scenic Byway. To further policies 5.1. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards; and 5.5. Protect and conserve the quality and quantity 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 6.3. Protect and restore tidal and reshwater wetlands. It is recommended that the Board require in the covenant and restrictions: 1. Prohibit the use of synthetic herbicides, pesticides and fertilizers in the open space area on the parcel. 2. Require that the new 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 ' y • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~F SOU P.O. Box 1179 JERILYN B. WOODHOUSE O~~ rye Southold, NY 11971 Chair a~'~L` ~ OFFICE LOCATION: KENNETH L. EDWAADS ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~~'COU'M'~~ Southold, NY 1111 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 and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 17th day of November, 2008 on the question of the following: 6:00 p.m. Proposed Standard Subdivision of Peter & Gloria Onufrak located on the n/e/c/o CR 48 and Mary's Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-5-1 6:05 p.m. Proposed Site Plan for Hudson City Savings Bank Plaza located approximately 509' e/o Bay Avenue on the s/s/o NYS Road 25 in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 122-3-17.1 (formerly 1000-122-3-1.2, 2, 5.1 & 17) Dated: 10/28/08 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 6, 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 paweber@timesreview.com] Sent: Thursday, November 13, 2008 10:24 AM To: Kalin, Carol Subject: Re: Legal Ad for 1116 Edition Hi Carol, Received your legal. Thanks, Candice Schott ---Original Message From: Kaln, Carol To: JOAN ANN Sent: Tuesday, October 28, 2008 10:49 AM Subject: Legal Ad for 1116 Edition Please print the following legal ad regarding the Onufrak & Hudson City Bank Plaza public hearings on 11/17/08 in the 11/6108 edition. Kindly send me confirmation of receipt for our records. Thanks. 11/13/2008 • MAILING ADDRESS: PLANNING BOARD MEMBERS 0 f SOU P.O. Box 1179 JERILYN B. WOODHOU5E O~~ ry~//-- Southold, NY 11971 Chair o OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~0 (cor. Main Rd. & Youngs Ave. ) JOSEPH L. TOWNSEND ~IyCOU'M'~~ Southold, NY 11 I , 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 and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 17th day of November, 2008 on the question of the following: 6:00 p.m. Proposed Standard Subdivision of Peter & Gloria Onufrak located on the n/e/c/o CR 48 and Mary's Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-5-1 6:05 p.m. Proposed Site Plan for Hudson City Savings Bank Plaza located approximately 509' e/o Bay Avenue on the s/s/o NYS Road 25 in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 122-3-17.1 (formerly 1000-122-3-1.2, 2, 5.1 & 17) Dated: 10/28/08 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson 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 29th day of October, 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 11/17/08 Regular Meeting: 6:00 p.m. Final Public Hearing for the proposed Standard Subdivision of Peter & Gloria Onufrak, SCTM#1000-114-5-1 6:05 p.m. Final Public Hearing for the proposed Site Plan for the Hudson City Savings Bank Plaza, SCTM#1000-122-3-17.1 (formerly 122-3-1.2, 2, 5.1 &17 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ~4~day of ~C-~dl)ti?, 2008. Notary Public LINDA P. RANDOI.PN NOTARY PUBl1C, Sate d New YaAI No. ptRABt4Y660 _ #9070 • • 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 6'h day of November, 2008. Principal Clerk Sworn to before me this t day of - 2008 ~ca~.NOaccr / L ~ ( Notice of Pobbc Fearing I ~ l~ ~I~H~REBX ~[rYF.N,ihat,, CHR1S11NA VOLINSKI pur~sha q ectioh ~'L76 oT "fle,"T'own Law aiid'1~hcle XXV of tlte'Code of the NOTARY PUBLIC-STATE OF NEW YORK Town of Southold, a public heanng will be fie18 ~k~ (1~e Stipthoid'powh Planning No. 0 7 -V06105050 Bp~tl a"C°the Toi+h~ tIali'Main Road, 9uallfl0d In SuttOlk COUnty So~''dt'~d, ew York bu tfie 17M day o[ Q ~ My Commisslon Exp~1B~ FebworV 26~ 201 November, 20b8,'bn the i{uestibn o~ the folloxnng ~ 6-00 p.m PropoBedSCan~ard Subdiri- sion"of'Yetdi=2~".61br3a Onu$al~~located on the delclo Cii 48 and Mary's Road idMathtuck T'pwp of Southold; County dl"Suffot~c, Sta[e'Sf~t~Tew,Rox~- Suf[plk County Tax Map tlumbei; 1000-134-3-1 6.05 p.mjProposed Si[e Plau for Hud- 5un ~Gi a s B,ayk Plaza locate a pro t „$~o Bay i1v¢nue; on the s/s/o'NYS Read 25, in Mattituck, Town of Southold, County ti('Suffolk, State or..'~'eav ~.ork.~uffolk CounfyTax Map Number 7000 122 3-17:1 (formerly 1000 J2291.2; 2, 5.1&17) Dafed:10728/O8 ".'~BY ORDER OF THE-SOVTHdLD ~TOWNPLANNINGBOARD -SerilyR B.Woodhouse ' (:9raitpersou 9070-1T it/6 Terry, Mark From: Terry, Mark Sent: Wednesday, October 01, 2008 8:26 AM To: Jeriwood (Jeriwood@aol.com); Marty Sidor (sidor@optonline.net); 'JTownsend2@aol.com'; Goerge Solomon (wallst71@optonline.net);'Kenneth Edwards' Cc: Lanza, Heather Subject: Amended C&R for Peter 8 Gloria Onufra Attachments: crpbonufrak.DOC Good Morning, Attached is the C&R's for the Standard Subdivision of Peter & Gloria Onufrak. The document looks good with one exception. The agent added that the 75' buffer along C.R. 48 could be in lawn. I have reservations about this use because the purpose of the buffer is to mitigate the visual impacts of structures built on the property and maintain a "natural" type setting to the greatest extent practical. In addition a buffer usually places greater restrictions on the open space areas over and above of the permitted uses as outlined below. The buffer would be more effective if the area were allowed to naturalize in successional vegetation. In my opinion, lawn does not serve the purpose. Please advise. D. Restrictions on use. Use of open space shall be restricted and defined in a conservation easement, and shall be limited to the following: (1) Conservation of open land in its natural state, including woodland, fallow field, or managed meadow. The clearing of woodland shall generally be prohibited, except as necessary to clear trails and active recreation facilities, remove invasive species, and to install subsurface sewage disposal systems. Fallow fields may be returned to agricultural production without penalty. The determination of necessity shall lie with the Planning Board and the Land Preservation Department. (2) Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, and associated buildings, that are specifically needed to support an active, viable agricultural or horticultural operation, subject to applicable lot coverage requirements in Chapter 280, Zoning, of this Code. Specifically excluded are concentrated animal feeding operations (CAFOs) as defined by the US Environmental Protection Agency, or commercial livestock operations involving swine, poultry, mink, ratites, and other animals likely to produce highly offensive odors. Such easement and a notation of the Town of Southold Farmland Bill of Rights shall be on the referenced final plat. (3) Game preserve, wildlife sanctuary, or other similar conservation use. (4) Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting and sustained yield forestry. (5) Neighborhood open space uses, such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board. (6) Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting properties nor shall such facilities be equipped with lighting. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surtaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency, but shall not include storage of materials, trucking or repair facilities, or private or municipal sanitary landfills. (7) Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area. (a) Sanitary sewage disposal systems of either an individual or community nature may be located within or extend into required open space areas, provided that subsurface sewage disposal methods are employed, all required separation distances are observed and the ownership and maintenance responsibilities associated therewith are clearly defined in agreements submitted for approval as part of the subdivision application. No application shall be approved that does not provide property owners with both the legal authority and the 11/12/2008 responsibility, individually or collectively, to maintain all sewer facilities on a continuing basis. This may include the creation of a special district under Articles 12 and 12-A of New York State Town Law. (b) Conservation of water. It is the requirement of the Planning Board to return stormwater to the ground within subdivisions. This is to be done through the use of natural recharge basins and/or leaching basins and/or lots specifically designated as drainage lots to be used for no other purpose. In addition, applicants shall be required to covenant that buildings and structures shall be equipped with leaders, gutters and dry wells to return stormwater runoff to the ground. (8) Easements for drainage, access, sewer or water lines, or other public purposes. 11/12/2008 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of October, 2008, by PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, residing at 1500 Mary's Road, Matti[uck, New York 11952, referred [o as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 1500 Mary's Road, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-114-5-1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional approval from [he Planning Board of the Town of Southold for a subdivision of the premises into two (2) parcels, as shown on map of "Standard Subdivision for the property of Peter and Gloria Onufrak", prepared by John T. Metzger, L.S., last dated October 7, 2007, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property 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. Future residents of the lots on [he approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 2. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. 3. There shall be no changes to any of the lot lines without Planning Board approval. . ~ h Sec,hon 240_ I of dic Southold town Code a;§~II storm water run-off 4 I n accordant c w n_,_ resulting from the development of any or all of the lots on the subdivision map shall be retained on site via gutters, downspouts and drywells and shall be the responsibility of each property owner. Discharge of++w storm water from structures or improvements into wetlands is prohibited. 5. Pursuant to Section 240-49, Clearing, of the Southold Town Code, clearing of Lot I shall be limited to 35% or 28,000 square feet of the total lot area. 6. There shall be no clearing, grading or ground disturbance within the 100' non-disturbance buffer delineated on [he plat. 7. Pursuant to 240-35, required improvements and utilities of the Southold Town Code, all utilities serving [he lots shall be located underground. 8. The area designated on the Map as Open Area, and described more fully in Schedule "B" annexed hereto, shall be subject to the following restrictions and prohibitions, in addition to those otherwise set forth in this Declaration: Formatretl: Bullets and Numbering n) -cy-The area located within seventy-five (75) feet of Co. Rt. 48 shall be designated as a Buffer Area, and no structures shall be located within such area, other than fencing or other minimal accessory structures approved by the Southold Town Planning Board and any other authorities havingjurisdic[ion. 2 h) l`he E3ufter Are2 uriv he mowed [n maintain mcadosa tune grassland or lawn area. 7~#is-area- nta_v-be-reug#a-~ut..r+3+>wrd-ten+ai++tai n-ntiw<I+NV-#y{+B-~rasti#an~: Formattetl: Bullets arld Numbering #Hc~,The Open Area shall not contain any residential dwelling units. Hd,) The Open Area may contain a bazn or accessory shed or enclosure. e~The Open Area and I3u1Tcr Area shall be used only for keeping the land in its natural state, qtr for agricultural or horticultural uses, or for woodlot, arboreta and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry, or for picnic areas, gardens, trails or low impact passive recreational uses (specifically excluding motorized off road vehicles, rifle ranges and similar uses), 8. These covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of [he Plannins Board ~fewra granted by a majority voie plus one.-` " ~ °1~-~,,,,-.~~•' ° ,-afteF- foll~wina public heazing.- 9. These covenants and restrictions shall run with the land and shall be binding upon [he Declarant, its successors and assigns, and upon all persons or entities claiming under them. 10. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, 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, Stale of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce [he same shall 3 • • 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 herein and made a part hereof, as though fully set forth. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. Peter P. Onufrak Gloria A. Greco-Onufrak STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On , in the year 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter P. Onufrak and Gloria A. Greco-Onufrak, personally known tome or proved to me on the basis of satisfactory evidence that they executed the same in [heir capacity and [hat by their signatures on the instrument, the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. Notary Public l!e cB~rpAnnufrak 4 • MAILING ADDRESS: ` PLANNING BOARD MEMBERS ~ P.O. Box 1179 JERILYN B. WOODHOUSE o~~tJF SO(/j~ol Southold, NY 11971 Chair ~ Q OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D. 90LOMON ~ ~0 (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~~'COU'M Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE October 21, 2008 TOWN OF SOUTHOLD Mr. & Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 20, 2008: WHEREAS, 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 Covenants and Restrictions; and WHEREAS, on August 14, 2007, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007; and WHEREAS, the Southold Town Planning Board granted Preliminary Plat Approval upon the map prepared by John T. Metzger, L.S., dated as last revised October 5, 2007, therefore be it RESOLVED, that the Southold Town Planning Board set Monday, November 17, 2008 at 6:00 p.m. for a final public hearing on the final plat prepared by Peconic Surveyors, P.C., last revised on October 5, 2007. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receiats AND the signed preen return receipt cards before 12:00 noon on Fridav, November 14th. 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. truly your ~/I~ ~ orge . So omon Vice-Chairman Encls. . Southold Town Planning Board Notice to Adjacent Proaerty 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#1000-114-5-1; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application 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 Covenants & Restrictions. The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday. November 17. 2008 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Peter and Gloria Onufrak Date: 10/21 /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., 11/14/08 *****************************************kk*kkk*************k*kk*kkk*kk*kkkkkkkkkk*************k**** Re: Proposed Standard Subdivision of Peter & Gloria Onufrak SCTM#s: 1000-114-5-1 Date of Hearing: Mondav, November 17, 2008, 6:00 p.m. Town of Southold PC/Codebookfor Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public 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 signr shall be set back not more than 10 feet from the property line. The sir 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 Clus 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 theirs 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, lime 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 PETER & GLORIA ONUFRAK ONUFRAK STANDARD SUBDIVISION • 1000-114-5-1 Proposal to subdivide 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 Covenants & Restrictions. NVIONDAY -NOV. 17, 2008 - 6.00 P.M. YE 510115 , c^ ~ n ~s 19-9E I SFE $CC NO.Iq A~ p ~ 1 0 os~ I- o -asvv 'o T ~ _ _ ~ MPILII l1NE ~ c[c n diCH t LNF 10-09-49 ~ yw - ~ ~ - _ ~ ~ ~ ,e.. s - -i I'ze-oa / T 6 ~ ~ , i of zz-m / ( ~ l.t i. ee ~ raR Pcl-Na- ~ n ' 09'11-01 ~ 'i 15P ` ~ ~ SEE SEL- N0. 05'09'01 / ~ 4 q. y 10]-11-o1G d e I I olrol ~ - I ~ o ~ a . 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P tTV~~~~ i _ ~r~o,1 ~o ~ »,,,o,,.,~. 2 - . ~~Erii ~ ~ aepp, Rea~P operty~iaz~Se v~eKAgen~cy Y ~ ~5~pff~ ~ ~n~~~~ SoUTHOLD ~ _ - _ E - w~ ~ u ,n c amm o o [ Co ni Centerir R~rr[ihead~NY 1!901 ~J ~ ~ Y - _ r E - .e . fi _ 6 ~ ~ ~ zi ~.~.n.,z, o~a.i< v _ ~ _ ,e ov. ~ ~~z gm~~ ~ w fi ~~~1 i. N i oisrno . _ _ ~ - _.1 p _ ~ _ • • LAw orEicrs WICKHAM, BRESSLER, GORDON &GEASA. P.C. 13015 MAIN ROAD. P.U. nOX 1424 WILLIAM WICKHAM (06-02) MAlIIIUCK_ LONG ISLAND 275 E3ROAD HOLLOW ROAU ERIC .I. BRESSLI?R NI?W YORK 11952 AHIGAII. A. WICKHAM SUITE I I I LYNNI? M. GORDON MEI,VILLE3. NF,W YORK 11747 IANIiT GEASA 631-298-8353 Tldl.l'I'AX NO. 631-298-8565 631-249-9480 wwblaw chi aol.com rELErnx No. 63 i-2a9-9a8a October 2, 2008 Attn: Mark Terry, Sr. Environmental Planner Southold Town Planning Board Post Office Box 1179; 53095 Main Road Southold, New York 11971 Re: Standard Subdivision of Peter and Gloria Onufrak Premises: N/E Corner of County Route 48 and Mary's Road, Mattituck, NY SCTM# 1000-114-5-1 Dear Mark: Enclosed is a copy of the NYS DEC determination letter dated February 28, 2008. Very truly yours, 1 ~1~~~ . Abigail A. Wickham dA W/dm encl. 30Lshdphona frak r - _ New York State Departme• of Environmental Conserva• n Division of Environmental Permits, Region One _ SUNY @ Stony Brook, 50 Circle Rd., Stony Brook, N.Y. 11790-3409 Phone: (631) 444-0364 FAX: (631) 444-0360 Website: www.dec.ny.gov _ Alexander B. Grannis Commissioner February 28, 2008 Mr.& Mrs. Peter Onufrak 1500 Mary's Road Mattiuck, N.Y. 11952 RE: NYSDEC Application LD. #I-4738-03675/00001 Subdivide Property N/E Corner of CR48 and Mary's Rd., Mattituck SCTM # 1000-I 14-5-1 Deaz Mr. & Mrs. Onufrak: I have received your application for a NYSDEC Freshwater Wetlands Permit to subdivide the above property. Pursuant to Part 663 Freshwater Wetlands Regulations, the subdivision of property is not a regulated activity. Be advised that any clearing, excavating, filling of construction within 100 feet of state regulated freshwater wetlands would require a permit. Sin/cerely, Carol A. Farkas Environmental Analyst CAF/dj Enclosure cc: A. A. Wickham Southold Town Planning Board Work Session - Paae Two - 9/29/08 Protect name: ~ Onufrak, Peter & Glona ;._SCTM# 1000-114-5-1 ;Location: The property is located on the n/e/c/o CR 48 and Mary's Road in ~i Mattituck. escription: :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 Covenant & Restriction. Status: ~ Preliminary Approval Recommendations: Conditional Final Approval; waive final public hearing. Attachments: Covenants & Restrictions . Project name: 'First Settlers, Ltd. SCTM#: 1000-70-2-3 & 23.1 Location: NYS Route 25 Southold Description: 'This lot line change will add .26 acres from the Southold School District to First Settler's Ltd. to even off the boundary line between the two property owners. ,Status. Open Recommendations: Conditional Final Approval Attachments: Staff Report For Discussion: Project name: Tidy Car SCTM# 1000-55-5-2.2 Location: 3585 Youngs Avenue, Southold Description: This amended site plan is fora proposed 8,000 sq. ft. storage building on, a 1.5-acre parcel in the B Zone. Applicant is in violation of the approved site plan. The applicant is to comply with site plan. As per a letter dated September 14, 2006, the applicant was to submit a new site plan . addressing the current violation. Status: In Violation Recommendations: Keep the Planning Board up-dated. Attachments: Copy of September 14, 2006 Letter . Project name: Blue Duck Bakery SCTM#: ' 1000-63-3-12 Location: 56275 NYS Route 25, Southold Description: This new site plan is for the proposed conversion of an existing automotive service building to a bakery where 400 sq. ft. is for retail, 1,680 sq. ft. is for storage and 1,080 sq. ft. is for food processing where 8 parking spaces are required and 6 are provided, on a 10,211.40 sq. ft. parcel in the Hamlet Business Zone. _ Status: Request for Final Inspection Recommendations: ~ Grant final inspection with the condition that they will strip the parking area. Attachments: Copy of Request with letter from applicant of work to be done. y PEP & NOAA's Coastal Communities Smart Growth Seminar • ~ LAW OI'I'ICFS WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. 130X 1424 WILLIAM WICKHAM (06-02) MAl"I'EfUCK. LONG ISLAND I~:RIC 1. BRI?SSLER NEW YORK 11952 275 BROAD HOLLOW ROAU ABIGAIL A. WICKHAM SUITE I I I I,YNNIi M. GORDON MPJ.VILLE, NEW YORK 11747 IANIiT GEASA 631-298-8353 "Il?LP.PAX NO. 631-298-8565 631-249-9480 WWb1aW@aol.com TI?LHPAX NO. 631-249-9484 September 18, 2008 Attn: Mark Terry, Sr. Environmental Planner Southold Town Planning Board Post Office Box 1179; 53095 Main Road Southold, New York 11971 Re: Standard Subdivision of Peter and Gloria Onufrak Premises: N/E Corner of County Route 48 and Mary's Road, Mattituck, NY SCTM# 1000-114-5-1 Dear Mark: Enclosed is the Declaration of Covenants of Restrictions for your review. Very tr yours - G~r~~f~1 Abigail A. Wickham AAW/dm encl. 30%t~hdphonuJi~ak ! DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this day of ; 2008, by PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, residing at 1500 Mary's Road, Mattituck, New York 11952, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 1500 Mary's Road, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-114-5-1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property")and WHEREAS, the Declazant has made an application for and has received conditional approval from the Planning Boazd of the Town of Southold for a subdivision of the premises into two (2) parcels, as shown on map of"Standard Subdivision for the property of Peter and Gloria Onufrak", prepared by John T. Metzger, L.S., last dated October 7, 2007, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, inconsideration of granting subdivision approval, and as a condition of said approval, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval, the Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafrer 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, dis[ributees, successors and assigns, to wit: t • 1. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 2. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. 3. There shall be no changes to any of the lot lines without Planning Board approval. 4. All storm water run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site via gutters, downspouts and drywells and shall be the responsibility of each property owner. Discharging storm water into wetlands is prohibited. 5. Pursuant to 240-49, Clearing, of the Southold Town Code, clearing of L,ot 1 shall be limited to 35% or 28.000 square feet of the total lot area. 6. There shall be no clearing, grading or ground disturbance within the 100' non-disturbance buffer delineated on the plat. 7. Pursuant to 240-35, required improvements and utilities of the Southold Town Code, all utilities serving the lots shall be located underground. 8. The area designated on the Map as Open Area, and described more fully in Schedule "B" annexed hereto, shall be subject to the following restrictions and prohibitions, in addition to those otherwise set forth in this Declaration: a) The area located within seventy-five (75) feet of Co. Rt. 48 shall be designated as a Buffer Area, and no structures shall be located within such area, other than fencing or other minimal accessory structures approved by the Southold Town Planning Board and any other authorities having jurisdiction. This area may be rough cut mowed to maintain meadow-type grassland. b) The Open Area shall not contain any residential dwelling units. c) The Open Area may contain a barn or accessory shed or enclosure. d) The Open Area shall be used only for keeping the Land in its natural state, or for agricultural or horticultural uses, or for woodlot, arboreta and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry, or for picnic areas, gardens trails or low impact passive recreational uses (specifically excluding motorized off road vehicles, rifle ranges and similar uses), 8. These covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing. 9. These covenants and restrictions shall run with the land and shall be binding upon the Declararit, its successors and assigns, and upon all persons or entities claiming under them. 10. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a who]e 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 beneftt 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 at law. The failure of said agencies or the Town of Southold to enforce the 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 herein and made a part hereof, as though fully set forth. [N WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. Peter P. Onufrak Gloria A. Greco-Onufrak STATE OF NEW YORK: ss.: COUNTY OF SUFFOLK: On , in the year 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter P. Onufrak and Gloria A. Greco-Onufrak, personally known to me or proved tome on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or the person or entity upon behalf of which the individuals acted, executed the instrument. Notary Public Re-cRrpbonujrak a • . SCHEDULER ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of Mary's Road, 618.35 feet to a monument and land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 540.05 feet; and 2. South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433.30 feet to a monument and the northerly side of Middle Road (C. R. 48); THENCE along the northerly side of Middle Road (C. R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; and 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; THENCE northerly along said arc of a curve bearing to the right having a radius of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. i ~ SCHEDULE"B" ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C.R. 48); Running thence along the easterly side of Mary's Road, North 27 degrees 31 minutes 20 seconds West, 116.44 feet to a point; Running thence through lands now or formerly of Onufrak, the following four (4) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 208.23 feet; 2. North 27 degrees 31 minutes 20 seconds West, 250.00 feet; 3. North 64 degrees 17 minutes 07 seconds Fast, 109.50 feet; and 4. North 27degrees 31 minutes 20 seconds West, 251.91 feet to land of the County of Suffolk; Running thence along lands of the County of Suffolk North 64 degrees 17 minutes 07 seconds East, 222.32 feet to a point and other lands of the County of Suffolk; Running thence along said land, South 29 degrees 09 minutes 25 seconds East, 433.30 feet to the northerly side of Middle Road (C.R. 48); Thence along the northerly side of Middle Road (C.R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; Thence northerly along said arc of a curve bearing to the right having a radius of 47.89 Feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. re schaonufi~nk MAILING ADDRESS: PLANNING BOARD MEMBERS OF S~UT P.O. Box 1179 JERILYN B. WOODHOUSE O~~ yQ//-- Southold, NY 11971 Chair ~ ro OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND Oli~'`OUII1 ~ N~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE June 10, 2008 TOWN OF SOUTHOLD Mr. & Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Standard Subdivision of Peter and Gloria Onufrak Located on the nle corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 9, 2008: WHEREAS, 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 Covenant & Restriction; and WHEREAS, on October 19, 2007, the applicant submitted the application for preliminary plat approval, one (1) copy of the Draft Declaration of Covenants and Restrictions and the preliminary plat prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on October 5, 2007; and WHEF2EAS, the Southold Town Planning Board granted Preliminary Plat Approval with conditions upon the map prepared by John T. Metzger, L.S., dated as last revised October 5, 2007; and WHEREAS, the applicants' agent, Abigail Wickham, Esq., has requested an extension of preliminary approval in a letter dated 5/27!08; therefore, be it RESOLVED, that the Southold Town Planning Board hereby grants an extension of Preliminary Plat Approval from June 11, 2008 to December 17, 2008 upon the map prepared by John T. Metzger, L.S., dated as last revised October 5, 2007. If you have any questions regarding the above, please contact this office. Very truly yours, Jeri~Woodhouse Chairperson MRY-27-2008 14:04 FROM:WICKRM~55LER 631 298 8565 T0~53136 P.002~002 LAW OFFICES WICKIIAM, BRESSLER, t.,QRDON &GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06.02) MA3`i'CTUCK, LONG ISLAND ER1C J. BRESSLER NEW YORK. 11952 275 BROAD HOLLOW ROAD ABIGAIL h WICKHAM SUITE ll I LYNNE M, GORDON MEI.VILLE, NEW YORK 11747 JANET GEASA 631-29A-$353 TF.LEFAX N0.601-298-8565 631-249-94B0 wwblaw(c~aol.com TELEpAX N0.631.249.90.B4 May 27, 2008 Attn: Mazk Terry, Sr. Environmental Planner Southold Town Planning Board Post Office Box 1.179; 53095 Main'lzoad Southold, New Xork 11971 Re: Standard Subdivision of Peter and Gloria Onufrak Premises: N/E Corner of County Route 48 and Mary's Road, Mattituely NX SCTM# 1000-11.4-5-1 Dear Mark: The preliminary plat approval in this matter expires on June 11, 2008, A1[e to additional information required by the Health Department, which was recently completed and submitted, and as a result of ongoing discussion with the Planning Board regarding restrictions on the open space area, we ,request an extension of time. ery ly yours, V , U/W ~ v /Abigail A. Wickham 6 Y Itit~~Ql i r ' 30/shdpbonufrak " MRY-27-2008 14:04 FROM:WICKRM F~SLER 631 296 8565 T~653136 P.001~002 La4v ~'ACeB ' ~ I / WICICkIAM, i3iZE55LE1t, GUItDL7N dx GE,A.SA, Y'.~. 130x5 Main lioad, ~.0. Sox 1424 Mattituek, New York 11952 631-298.5353 Telefax no. E32-298-8565 This transmiasjpn cantaina information confidential and/ar legally privileged, TL is intended for use Only by the person to whom it is directed. Tfyou havo trxeived this teiecopy in emtf, please notify us by telephotae immediately sq that we Can arrange for the return of the dncument5 to us at nu cost to you. If you do not meelve all of the pages indicated, please call as soon as pasaiblc at the number above. Ta Fax ~~r3J ~~Jj (X From: ~ '~.r~- Date: ~I~Q Re: cemrtl~,~: P~.~~~-~~. This is page ante of i ~ ^a To: Jerilyn Woodhouse, Chair Members of the Planning Board From Heather Lanza, Director of Planning Mark Terry, Principal Planner Date: May 16, 2008 Re: Standard Subdivision of Peter Onufrak Located on the n/o County Route 48, in Cutchogue SCTM#1000-114-5-1 Zoning District: A-C In review of the Standard Subdivision of Onufrak and in consideration of owner comments, it is recommended that the cluster requirement be waived due to the following reasons listed below. In this instance a covenant and restriction could achieve the planning and town goals. The code provision that would be applied to accomplish this is § 240-56 "Waivers of certain provisions" in the Southold Town Code, the Planning Board has the authority to "modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law." Reasons in support of waiving the 60% cluster provision in § 240-42 B: 1. The property is 7 acres in size. Being on the dividing line, it warrants a closer look at the provision to require the cluster - is it necessary to protect the public health, safety and general welfare? The very small size of the open space after the wetlands, wetlands buffer and scenic buffer are removed (1+/_ acre), it's lack of connectivity to significant open space, and disconnection from active farmland show that it is not necessary in this case. 2. The property contains wetlands and a 100' wetlands buffer that would be "non-disturbance" whether or not additional land was set aside as open space (approximately 1.32 acres in size including wetlands and 100' buffer). 3. The property fronts on CR 48, a New York State Scenic Byway. A scenic non-disturbed or agricultural (no structure) buffer restricting activity in a strip along this corridor would be imposed as a restriction. The area would equal (approx. 1.35 acres in size). 4. The remaining land area outside the wetland and scenic buffers is very small in size (1+/- acres). The two main open space goals for this property can be accomplished through the wetlands and scenic buffers restrictions. Protecting an additional acre of land outside these two areas on this property will not accomplish any further significant open space goals. 5. The quality of the habitat on the property does not warrant a strict protection of the property beyond the buffers, and there are no trail opportunities here. The property has been used as a residential yard and will continue to be used that way based upon owner comments. It is better to waive the open space requirement in this case, rather than create a weak open space easement that accomplishes little in the way of open space goals. 6. The property is not large enough for active agriculture (does not meet the minimum size requirement for the agricultural district), and it is not contiguous with other farmland (separated by a small drainage parcel to the east owned by Suffolk County). 7. The Planning Board may also consider that the public good is being met by the voluntary reduction of one lot, and the permanent prevention of future subdivision. 7 LAW OFFICES WICKHAM, BRESSLER, GORDON &GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. W[CKHAM SUITE 111 LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX N0.631-249-9484 April 16, 2008 ~ - ~s - 1 _ ~ Attn: Mark Terry, Sr. Environmental Planner - - Southold Town Planning Board Post Office Box 1179; 53095 Main Road AF~9 1 %'"1~$ Southold, New York 11971 I ! Re: Standard Subdivision of Peter and Gloria Onufrak ~ Premises: N/E Corner of County Route 48 and Mary's~S'S8; itlattituck, N~~'' SCTM#: 1000-114-5-1 e... _ r a, Dear Mark: The Onufruks would very much appreciate your reviewing their paperwork with the Board as soon as possible. This is to confirm that the Board has requested concrete monuments be installed at the corners of the Conservation Easement. If you do not anticipate any significant changes to the subdivision, I will have the work done now rather than after the conditional final approval. Otherwise, we will have to have the map revised at the end to show the monuments, and then have it resigned by the Health Department. Very truly yours, Abigail A. Wickham AAW/jm 30/shdp6l GRANT OF CONSERVATION EASEMENT ~ - ~ THIS indenture made this _ day of April, 2008, by and between PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, residing at 1500 Mary's Road, Mattituck, New York 11952 (hereinafter "Grantor") to the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town.of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 7 acres, more or less, of land identified by Suffolk County Tax Map number 1000-114-5-1; located on the northeast corner of Mary's Road and County Route 48 in the Hamlet of Mattituck, Town of Southold, Suffolk County, New York, said land being depicted on a certain map prepared by John T. Metzger, L.S., ]icensed land surveyor entitled "Standard Subdivision for the property of Peter and Gloria Onufrak", dated June 29, 2006, last revised October 5, 2007, (the Map) which has received Preliminary Plat Approval from the Southold Town Planning Boazd and which said parcel of land is hereinafter referred to as "the Premises"; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, as a condition of such subdivision approval, the Planning Boazd has required that a 4.0096 acre portion of Lot 2 on said Map be encumbered by a Conservation Easement, which azea is designated on said Map as Open Space and is more fully described in Schedule B ("Open Space Area"); and WHEREAS, the parties recognize the environmental, natural, scenic, open space and/or agricultural values of the Open Space Area and have the common purpose of preserving these values; and WHEREAS, the Grantor has agreed to grant to the Grantee a Conservation Easement in the Open Space Area as described herein in order to protect the natural habitat of the wildlife and the ecosystems within such area and to preserve the open space chazacter of the azea; NOW THEREFORE, IN CONSIDERATION OF Ten ($10.00) Dollars and other good and valuable consideration between the parties, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: 1. GRANT OF CONSERVATION EASEMENT. The Grantor does hereby grant, transfer and convey to the Town of Southold, a conservation easement in gross, of the nature, chazacter and to the extent hereinafter set forth, over and upon the Open Space Area. 2. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible except for the restrictions set forth herein, without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 3. CONSERVATION EASEMENT. Grantor agrees to the following prohibitions and restrictions within the Open Space Area: a. Structures. No structures or improvements may be erected or constructed on the Property unless specifically permitted by this Easement. All other structures and improvements, permanent or temporary, on, over or under the Open Space, are prohibited. b. Subdivision. There shall be no further subdivision, division or partitioning of the Open Space Area or any other portion of the Premises. c. Mining. The excavating or filling of the Open Space Area is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Open Space Area be changed except for purposes of erosion control and soil management, which removals and/or changes shall not be made without the prior written consent of the Planning Board and other applicable regulatory authorities. d. Dumping. The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Open Space Area is prohibited. e. Signs. The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic chazacter of the Open Space Area and only for any of the following purposes: (a) to post the Open Space Area to control unauthorized entry or use, or (b) to announce grantee's Conservation Easement. Signs shall not be more than two square feet in size, be non- illuminated and are subject to regulatory requirements of the Town. f. Cutting of Timber. The cutting or harvesting of trees, or the removal of shrubbery or other natural vegetation in the Open Space Area is prohibited, except for the following purposes: (a) to cleaz and restore natural cover that has been damaged, diseased, destroyed or disturbed by forces of nature (b) to prune and selectively thin trees in accordance with good forest management practices and the purposes of this Conservation Easement, as determined by the grantee in i±s sole discretion, (c) to remove hazards to persons or property, (d) to remove or control poison ivy and other noxious plant material and vines, and (e) to create unpaved walking trails. g. Wetlands Buffer. The draining, filling, dredging, or diking of the wetland azeas including any enlargements thereof, or the cultivation or other disturbance of the soil of the wetlands is prohibited. The alteration of ponds and water courses located on the Open Space Area, or the creation of new water impoundments or water courses, is prohibited. h. Utilities. The creation or placement of overhead or underground utility transmission lines, utility poles, cell phone towers, antennas, wires, pipes, wells or drainage and septic systems on the Open Space Area is prohibited without the prior written consent of the Planning Board. i. Drainage. The use of the Premises for a leaching or sewage disposal field for the residential uses on the Premises is prohibited. The use of the Premises for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Premises with the approvals required in subsection b. 2 j. Development rights. The use of the area of Open Space Area for purposes of calculating lot yield or development density on any other property is prohibited, except to the extent same was used to create the Map. 4. PERMITTED USES. The prohibitions and restrictions of this easement shall not preclude use of the Open Space Area for any other uses not specifically prohibited herein, provided same are otherwise permitted by the Zoning Code of the Town of Southold, including, without limitation, walking, hiking, hunting, and other non-public, non- commercial, non-motorized recreation, and the right to prohibit or restrict the public from any access whatsoever. 5. MODIFICATION. "Phis easement may be modified only at the request of the then owner of Lot 2 with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing 6. ENFORCEABILITY. The terms of this easement shall be enforceable by Grantor or the Town of Southold, their heirs, successors and assigns, by injunctive relief or any other remedy in equity or by law. 7. PERPETUAL EASEMENT. This easement and the rights granted herein shall run with the land, and shall continue and remain in effect in perpetuity. 8. ENFORCEMENT: In the event any breach or violation of any provision of this Easement, which is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect the natural status of the area subject to this Easement or the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this section may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 3 9. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. PETER P. ONUFRAK GLORIA A. GRECO-ONUFRAK STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the _day of 2008, before me, the undersigned, personally appeared PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature on the instrument, the individual, or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public RFJeaseconsonufrak 4 SCHEDULE A DESCRIPTION OF PREMISES: ONUFRAK 5 SCHEDULE B ONUFRAK CONSERVATION EASEMENT 6 SCHEDULE C CONSENT OF MORTGAGEE/LIENOR GRANTOR: PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK In the matter of the application of PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, the undersigned, CITIMORTGAGE, INC., as holder of a mortgage or lien on premises described in Schedule "A" annexed hereto, hereby consents to the within covenants and restrictions on said premises. CITIMORTGAGE, INC. By: STATE OF :ss.: COUNTY OF On the day of , in the year 2008, 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 the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her 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 City of ,State of Notary Public RF/easeconsottujrak 7 • • ~r~ Q6 LAW OFFICES WICKHAM, BRESSLER, GORDON &GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE I I I LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX N0.631-249-9484 April 8, 2008 Attn: Mark Terry, Sr. Environmental Planner Southold Town Planning Board Post Office Box 1179; 53095 Main Road Southold, New York 11971 Re: Standard Subdivision of Peter and Gloria Onufrak Premises: N/E Corner of County Route 48 and Mary's Road, Mattituck, NY SCTM# 1000-114-5-1 Dear Mark: Enclosed are the Covenants and Restrictions in connection with the above subdivision application. Please review and advise if the document is acceptable. Very truly yours, /?nom Abigail A. Wickham - AAW/a! Encl. - 30/shdpbl 1 ~ r, DECLARATION OF COVENANTS AND RESTRICTIONS k.. DECLARATION, made this 5 day of January, 2008, by PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, residing at 1500 Mary's Road, Mattituck, New York 11952, referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 1500 Mary's Road, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-114-5-1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (the "Property") and WHEREAS, the Declarant has made an application for and has received conditional approval from the Planning Board of the Town of Southold for a subdivision of the premises into two (2) parcels, as shown on map of "Standard Subdivision for the property of Peter and Gloria Onufrak", prepazed by John T. Metzger, L.S., last dated October 5, 2007, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Planning Board has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed upon the Property, and as a condition of said approval, the Planning Board has required that the within Declazation be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declazant has considered the foregoing and has determined that the same will be for the best interest of the Declazant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property 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. Future residents of the lots on the approved subdivision map aze advised that the lots aze subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 2. There shall be no further subdivision of any of the lots on the approved subdivision map in perpetuity. 3. There shall be no changes to any of the lot lines without Planning Board approval. 4. All storm water run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site via gutters, downspouts and drywells and shall be the responsibility of each property owner. Dischazging storm water into wetlands is prohibited. 5. Pursuant to 240-49, Clearing, of the Southold Town Code, clearing of Lot 1 shall be limited to 35% or 28,000 square feet of the total lot area. 6. There shall be no clearing, grading or ground disturbance within the 100' non-disturbance buffer delineated on the plat. 7. Pursuant to 240-35, required improvements and utilities of the Southold Town Code, all utilities serving the lots shall be located underground. 8. These covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing 9. These covenants and restrictions shall run with the ]and and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them. 10. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity ofthese covenants as a whole or any other part or provision hereof other than the part so adjudged to he illegal, unlawful, invalid, or unconstitutional. ] 1. 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 at law. The failure of said agencies or the Town of Southold to enforce the 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 alI laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth, IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. ~ Peter P. Onufrak oria A. G co-Onufrak STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On January ~in the year 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Peter P. Onufrak and Gloria A. Greco-Onufrak, personally known to me or proved to me on the basis of satisfactory evidence that they executed the same in their capacity and that by their signatures on the instrument, the individuals, or t ~ person or entity upon behalf of which the individuals acted, executed the instrument. Notary Pub is DONNA McGAHAN Re%&rp6onufrak Notary Public, State of New York No. Ot MC4851459 Qualified In Suffolk County Commtssion Expires Aug, 78, ~iB 2A I i ~ SCHEDULE°A" ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of Mary's Road, 618.35 feet to a monument and land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: i. North 64 degrees 17 minutes 07 seconds East, 540.05 feet; and 2. South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433.30 feet to a monument and the northerly side of Middle Road (C. R. 48); THENCE along the northerly side of Middle Road (C. R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; and 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; THENCE northerly along said arc of a curve bearing to the right having a radius of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. • • 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 ~I~u~o ~ Aprif 7, 200F3 • 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 facade 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 8~ 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 SEAR 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 els/o Peconic Lane, approximately 333 ft. slo 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 Planning Board Work S~~ssior~ P~i~e Three ~ AUril 7, 200b Peter Onufrak SCTM# 114-5-1 Location: The property is located on the nle/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 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTION, made as of this 10~' day of October, 2007, by Peter P. Onufrak and Gloria Greco-Onufrak, residing at 1500 Mary's Road, Mattituck, New York 11952 (Hereinafter referred to as the "Declarants"). WITNESSETH: WHEREAS, Declarants are owners of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded And described on schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarants have made application to the planning Board of the Town of Southold for approval to subdivide said real property into two (2) lots, as shown on the subdivision map entitled "Standard Subdivision for the Property of Peter & Gloria Onufrak at Mattituck Town of Southold Suffolk County, N.Y., which map is intended to be filed in the Suffolk County Clerk's Office; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within covenants and restrictions be imposed on said lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHERAS, the Declarants have considered the foregoing and has determined that the same will be in the best interests of the Declarants and subsequent owners of said lots; and WHEREAS, Declarants are required, pursuant to said approval, to create mutual easements for the purpose of ingress and egress to the above-described lots or parcels of land for the installation and maintenance of utilities and for all other lawful purposes in favor of these parcels; NOW, THEREFORE, be it declazed as follows: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants and easements which shall run with the land and shall be binding upon Declarants and all subsequent owners of said real property, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: Page 1 1. Future residents of the lots on the approved subdivision map aze advised that the lots aze subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 2. No further subdivision of any of the lots on the approved subdivision map in perpetuity. 3. No changes to any of the lot lines without Planning Boazd approval. 4. 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. 5. Prior to any construction activity on Lot 1, the project will require a General Permit for the stormwater run-off construction activity (GP-02-O1) administered by the New York State Department of Environmental Conservation under Phase 11 State Pollutant Discharge Elimination System. 6. Pursuant to Section 240-49C of the Code of the Town of Southold, 60% of lot 1 shall be permitted to be cleazed 7. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands. 8. No stormwater run-off resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. 9. All utilities serving the lots shall be located underground. These covenants and restrictions shall run with the land and shall be binding upon the Declarants, their 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. Page 2 i r If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned restrictive covenants are intended for the benefit of tnd 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 failt>re of said agencies of the Towd of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws requiredbf law or by their provisions to a incorporated and 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 Declarants and their 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 Declarants have duly executed this Declaration the day and year first above written. Peter P. Onufrak Gloria Greco-Onufiak Page 3 ~ ~ MT LAW OFFICES WICKHAM, BRESSLER, GORDON &GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM (06-02) MATTITUCK, LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE 1 I I LYNNE M. GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 TELEFAX NO. 631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX N0.631-249-9484 March 10, 2008 ""~~TM-.. Attn: Mark Teny, Sr. Environmental Planner rn Southold Town Planning Board ; ~ C,~ 1 1 2vU8 Post Office Box 1179; 53095 Main Road Southold, New York 11971 Re: Standard Subdivision of Peter and G?oria Onufrak Premises: N/E Corner of County Route 48 and~'S Road, Mattituck, NY SCTM# 1000-114-5-1 Dear Mark: Enclosed is a draft of the Grant of Conservation Easement in connection with the above subdivision application. Please review and advise if the agreement is acceptable. Very truly yours f Abigail A. Wickham AAW/a! Encl. 30/shdpbl \o~ 3 C~11CZ ~~+i` In~cJ un. GIQ. ST'~~.i,. ,.w GRANT OF CONSERVATION EASEMENT THIS indenture made this day of January, 2008, by and between PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, residing at 1500 Mary's Road, Mattituck, New York 11952 (hereinafter "Grantor") to the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain pazcel of land containing 7 acres, more or less, of land identified by Suffolk County Tax Map number 1000-114-5-1; located on the northeast corner of Mary's Road and County Route 48 in the Hamlet of Mattituck, Town of Southold, Suffolk County, New York, said land being depicted on a certain map prepared by John T. Metzger, L.S., licensed land surveyor entitled "Standard Subdivision for the property of Peter and Gloria Onufrak", dated June 29, 2006, last revised October 5, 2007, (the Map) which has received Preliminary Plat Approval from the Southold Town Planning Board and which said pazcel of land is hereinafter refereed to as ``the Premises"; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that a 4.0096 acre portion of Lot 2 on said Map be encumbered by a Conservation Easement, which area is designated on said Map as Open Space and is more fully described in Schedule B ("Open Space Area"); and WHEREAS, the parties recognize the environmental, natural, scenic, open space and/or agricultural values of the Open Space Area and have the common purpose of preserving these values; and WHEREAS, the Grantor has agreed to grant to the Grantee a Conservation Easement in the Open Space Area as described herein in order to protect the natural habitat of the wildlife and the ecosystems within such area and to preserve the open space character of the area; NOW THEREFORE, IN CONSIDERATION OF Ten ($10.00) Dollars and other good and valuable consideration between the parties, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: l . GRANT OF CONSERVATION EASEMENT. The Grantor does hereby grant, transfer and convey to the Town of Southold, a conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the Open Space Area. 2. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible except for the restrictions set forth herein, without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 3. CONSERVATION EASEMENT. Grantor agrees to the following prohibitions and restrictions within the Open Space Area: a. Structures. No structures or improvements maybe erected or constructed on the Property unless specifically permitted by this Easement. All other structures and improvements, permanent or temporary, on, over or under the Open Space, are prohibited. b. Subdivision. There shall be no further subdivision, division or partitioning of the Open Space Area or any other portion of the Premises. c. Mining. The excavating or filling of the Open Space Area is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Open Space Area be changed except for purposes of erosion control and soil management, which removals and/or changes shall not be made without the prior written consent of the Planning Board and other applicable regulatory authorities. d. Dumping. The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Open Space Area is prohibited. e. Signs. The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Open Space Area and only for any of the following purposes: (a) to post the Open Space Area to control unauthorized entry or use, or (b) to announce grantee's Conservation Easement. Signs shall not be more than two square feet in size, be non- illuminated and are subject to regulatory requirements of the Town. £ Cutting of Timber. The cutting or harvesting of trees, or the removal of shrubbery or other natural vegetation in the Open Space Area is prohibited, except for the following purposes: (a) to clear and restore natural cover that has been damaged, diseased, destroyed or disturbed by forces of nature (b) to prune and selectively thin trees in accordance with good forest management practices and the purposes of this Conservation Easement, as determined by the grantee in its sole discretion, (c) to remove hazards to persons or property, (d) to remove or control poison ivy and other noxious plant material and vines, and (e) to create unpaved walking trails. g. Wetlands Buffer. The draining, filling, dredging, or diking of the wetland areas including any enlargements thereof, or the cultivation or other disturbance of the soil of the wetlands is prohibited. The alteration of ponds and water courses located on the Open Space Area, or the creation of new water impoundments or water courses, is prohibited. h. Utilities. The creation or placement of overhead or underground utility transmission lines, utility poles, cell phone towers, antennas, wires, pipes, wells or drainage and septic systems on the Open Space Area is prohibited without the prior written consent of the Planning Board. i. Drainage. The use of the Premises for a leaching or sewage disposal field for the residential uses on the Premises is prohibited. The use of the Premises for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Premises with the approvals required in subsection b. j. Development rights. The use of the area of Open Space Area for purposes of calculating lot yield or development density on any other property is prohibited, except to the extent same was used to create the Map. 4. PERMITTED USES. The prohibitions and restrictions of this easement shall not preclude use of the Open Space Area for any other uses not specifically prohibited herein, provided same are otherwise permitted by the Zoning Code of the Town of Southold, including, without limitation, walking, hiking, hunting, and other non-public, non- commercial, non-motorized recreation, and the right to prohibit or restrict the public from any access whatsoever. 5. MODIFICATION. This easement may be modified only at the request of the then owner of Lot 2 with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing 6. ENFORCEABILITY. The terms of this easement shall be enforceable by Grantor or the Town of Southold, their heirs, successors and assigns, by injunctive relief or any other remedy in equity or by law. 7. PERPETUAL EASEMENT. This easement and the rights granted herein shall run with the land, and shall continue and remain in effect in perpetuity. 8. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. PETER P. ONUFRAK GLORIA A. GRECO-ONUFRAK STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) On the _day of 2008, before me, the undersigned, personally appeared PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature on the instrument, the individual, or the person on behalf of which the individual(s) acted, executed the instrument. Notary Public REeaseconsonufrak SCHEDULE A DESCRIPTION OF PREMISES: ONUFRAK ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of Mary's Road, 618.35 feet to a monument and land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 540.05 feet; and 2. South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433.30 feet to a monument and the northerly side of Middle Road (C. R. 48); THENCE along the northerly side of Middle Road (C. R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; and 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; THENCE northerly along said arc of a curve bearing to the right having a radius of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. SCHEDULE B ONUFRAK CONSERVATION EASEMENT ALL that certain plot, piece or parcel of land, situate, lying and being in at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a monument on the easterly side of Mary's Road at the extreme northerly end of a curve connecting the easterly side of Mary's Road with the northerly side of Middle Road (C. R. 48); RUNNING THENCE North 27 degrees 31 minutes 20 seconds West, along the easterly side of Mary's Road, 116.44 feet; ~ THENCE North 64 degrees 17 minutes 07 seconds East, 208.23 feet;' THENCE North 27 degrees 31 minutes 20 seconds West, 250.00 feet; THENCE North 64 degrees 17 minutes 07 seconds East, 109.50 feet; ~ THENCE North 27 degrees 31 minutes 20 seconds West, 251.91 feet to land of the County of Suffolk; THENCE along said last mentioned land the following two (2) courses and distances: 1. North 64 degrees 17 minutes 07 seconds East, 222.32 feet; ands Z. South 29 degrees 09 minutes 25 seconds East, and passing through a stake, 433.30 feet to a monument and the northerlyd side of Middle Road (C. R. 48); THENCE along the northerly side of Middle Road (C. R. 48) the following two (2) courses and distances: 1. South 38 degrees 43 minutes 03 seconds West, 390.52 feet; andJ 2. Southwesterly along the arc of a curve bearing to the right having a radius of 5669.58 feet, a distance of 139.80 feet to the southeasterly end of the curve first above mentioned; v THENCE northerly along said arc of a curve bearing to the right having a radius of 47.89 feet, a distance of 93.5 feet to the easterly side of Mary's Road and the point or place of BEGINNING. SCHEDULE C CONSENT OF MORTGAGEE/LIENOR GRANTOR: PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK In the matter of the application of PETER P. ONUFRAK and GLORIA A. GRECO-ONUFRAK, the undersigned, CITIMORTGAGE, INC., as holder of a mortgage or lien on premises described in Schedule "A" annexed hereto, hereby consents to the within covenants and restrictions on said premises. CITIMORTGAGE, INC. By: STATE OF :ss.: COUNTY OF On the day of , in the year 2008, 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 the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her 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 City of ,State of Notary Public RE%aseconsonxfrak • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 S~V jy0 Southold, NY 11971 JERILYN B. WOODHOUSE Chair !Q OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND li~'COU'M Southold, NY 1111 Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2007 Mr. & Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 10, 2007: The preliminary public hearing was closed. WHEREAS, 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; and WHEREAS, an application for sketch approval was submitted on November 9, 2006, including the sketch plan prepared by John T. Metzger, L.S., dated November 2, 2006; and WHEREAS, on August 14, 2007, the Southold Town Planning Board started the SEORA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 14, 2007, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007; and WHEREAS, on October 19, 2007, the applicant submitted the application for preliminary plat approval, one (1) copy of the Draft Declaration of Covenants and Restrictions and the preliminary plat prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on October 5, 2007; and WHEREAS, on November 9, 2007, the applicant submitted a Letter of Water Availability issued by the Suffolk County Water Authority; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead 1 Peter & Gloria Onufrak Page Two December 11.2007 agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action on November 19, 2007; therefore, be it RESOLVED, that the Southold Town Planning Board hereby grants Preliminary Plat Approval upon the map prepared by John T. Metzger, L.S., dated as last revised October 5, 2007, subject to the following conditions: 1. Submission of the completed Application for Final Plat Approval. The submission shall include twelve (12) paper copies & four (4) mylar copies of the final plat. 2. Submission of Draft Declaration of Covenants and Restrictions containing the following clauses: a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town ? Code. b. There shall be no further subdivision of any of the lots on the approved ? subdivision map in perpetuity. c. There shall be no changes to any of the lot lines without Planning Board ? approval. d. All storm water run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site via gutters, downspouts and ~ drywells and shall be the responsibility of each property owner. Discharging of storm water into wetlands is prohibited. e. Pursuant to § 240-49. Clearing, of the Southold Town Code, clearing of Lot 1„- shall be limited to 35% or 28,000 square feet of the total lot area. f. There shall be no clearing, grading or ground disturbance within the 100' non,i disturbance buffer delineated on the plat. g. Pursuant to § 240-35. Required improvements and utilities of the Southold Town Code, all utilities serving the lots shall be located underground.. 3. Submission of a Draft Conversation Easement for the open space area pursuant to , ~ Section 240-44(C) of the Town Code. This document will be reviewed by the Planning Board and referred to the Town Attorney for approval. 4. The submission of a completed LWRP Coastal Consistency Assessment Form. 5. Submission of a New York State Department of Environmental Conservation Permit for the action or Letter of Non-jurisdiction. 6. Submission of the Park and Playground Fee in the amount of $7,000 ($7,000 per new lot created). 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. 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, ~ Peter & Gloria Onufrak Page Three December 11.2007 Highway Superintendent, Suffolk County Planning Commission, Suffolk County Department of Health Services, and the New York State Department of Environmental Conservation. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse G~~ Chairperson AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as fi2oo~x~M n~ ~1'ia'~-- ~ Glo,~~+ ONu~2alL S~-r.Nl'~laoo - !!~F-S- / 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 mo~~ Drc~rna~~ Hof?--~ zov 7 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 Mo tr~'IR~~ ~v ~ PER- P- [~A) u. r-~ IL Au) l~ o~ ~ (7R.e~0 ` ~J i. F2R IL Your Name p V Signature 1 S(~O M~+2~5 12D YV~F~-{~ i -(i~c ~C. lJ y (I ~ Address /a - D ~ -C~ w o4ary Public DONNA M. HILL NOTARY PUBLIC, State of New Vork - _ No. 07 HI5072049 -Suffolk County Commission Expires June 15, 20/~ PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 12/7/07 Re: Proposed Standard Subdivision of Peter & Gloria Onufrak SCTM#s: 1000-114-5-1 Date of Hearing: Monday. December 10. 2007. 6:10 p.m. j • tKK,61Jlti/i/SgyyyN/lOdOmo1~~...~-. ¦ Complete Rams 1, 2, and 3. Also complete , A. Sign Rem 4 R Resbided Delivery is desired. / ¦ PrIM your name and address on the reveree X ( ? A{lem ~ . so that we can return tha card to you. Ret~ D Addressee ~ • . - / _ ~ the from to the back of the mallpiece, R' (PdrtGSd Nerrte) C. - of Ifvay ° , • - . ~ ~ space Pslmhs. ~ ~1 a2 m ~111~ 1 ~ 7. ArtlcieAdtlresaetl to: D. M deA/elYaddleas cBpelentfiom Item 1 ? Yse.. ,r1 a~ - NYFS. erlMrdelMaryaddtass bebw: ~!/p ~,y ~ P~rege ~ fylu N ~~Aad Fee ti` ~ e'er--s~M.f. ~EictiExT ° Return Receipt Fee POB~ OS "I~//~/ /J~ ° (EndorNmant Required FiK . S F'I~ a ' ° ResUicled Delivery F ~ ~ (Endorsement Required ~~7-~'~((~ Map ? ti / /J Q ? Regietaed ? Relum Reoelpt for Meteltmullee ' nl rmsi Postage & Fees 11~/~,( j~ / ? Ineuiad Mall ? Q,p,p, Sent TO 'Y?(E%he Fae) ° 7007 0220 DDD2 4535 3102 M1 Ser''''n7.~C 2. Article NAmoer - - _ d / ~ sieer, Api..i?e y-------.._..~~-..._....... (funs/erlrom service la6elJ O~ !/f~0 CJ[7Ud- .3/O ° or PO Bex NO. - ~ ciy'-siere,~ziva-~O_~-fJj(_.--`,7-77•--------•----•- PS Form 3811, February 2004 DanespcRetumReceipt . C/ toasssoz-m-tsw , • „ c • b ° O c- ~ 9enrTa w-:~ 330 ~n/f~z M1 o ~a xINN~.; A~ ~X R~~ez~,9-Q, a. eT YPe Gty, Srete, ZIP,4 18 rierpAed MBA ? F~IBes Mafl /yi.4~T',~, cK i/yS~ /i~a/- 33// ? RBp,~a ? RBwm ReoNpttorMendmltdlea - - D Insured Mau ? aaa ° 7007 0220 OOD2 4535 2623 s. Re~ntaedoelweryz~xnar-Bad ?Y~ sear ro r` - - ~9~_I..! fzt(t~_~.!!x>l._(~iS~4 j -c.-Amcre-rrumser- - - -7007 OHO fkJ''Qo2 ~3,5- ~'to~ ' ° Brree(-" c No.; (Trenslerfrom serVA:B ° orPOBOxNo. /-7 /'may' ~'/`~'S' Isbell I ; r` cty sieie; z(6;a ~ ----~/~5 PS Fonn 3811. February 2004 Domest~ Return t ~jy~ / G , j u i ti~ senr TO c~w~ SliGl~2 ~Ov ~ Street, Apt. NO." ~ ~i2-~/c:/......_. ~t~ WNK/f/l/[f/,.~. -:>-1\~~~ GJ I ° or PO Box No. ~ Q •7 Gry, Blare. LP+4~ ~ r , ~C/~, " , / J, 9.~~-- 3. se~lgB,yaB ' „ ~ celnpod Map 17 ERpie®a Mall ° ? Regbtered ? Return Receipt for MerdterMlae Sent re 7007 D220 0002 4535 30?Insuredl•fBil ?c.o.D. M1 ~ Street, Apt No.; y~ M1 or PO~NOr 3.30 2. Article Number ..-7OjJ7- p~d-~~Al ~N~(~~l ?YBS - Gn:srare,zrwK/{~G C-' 0 (frensrterhomservkela6eq 5~3~ 3o6jr - ~ ~ / / PS Form 3811, February 2004 DomeatlcRewmReceipt, tozses-oaektsa ° Sent o L`~l~//^-"i_ ~/C7 L)/~ P"~ . Street, L No.; //~I J ° or PO Box NO d-[l11 G' (J,(/j~ ~ ~ ~ - ? Q M1 Cdy, Stele. Zlf'4 - - ~G~ //.1 ,fin .,,.L/-~GG ~?~`f C/S~' 3. T ?~>~reee Mall o / "IfYT T/ ? ? ~gm Receipt for MerchetWfee sent o ? Insured Mall ? C.O.D. 7007 0220 0002 4535 3071 Del ° SiieeC apt.-No.j - - Ne1y? (bRre Feel ? Yea ° or POBOxNO. ~QO L 0~/fCli/v' QO. - 2. Arttcie Number - ADO ~ Do"~-O ODDoZ X07 M1 CiN. State, ZlPi4 . fY7~i>'u~K /1J' /~~So (frensferfromservk;e~ - PS Form 3811, Febntary 2004 Dtxnestlc Return Receipt try-M.tsao i ~ ya. , - ~ ~ - i. . ¦ Complete kemsl, 2, and 9. Also complete A Signature kem 4 k Restdcted Delivery u desired. ~ ¦ print your name and address on the arse X ~ ~ so that we can return the card to y0t . g, Received by ~prry~~~ C, of flslivery Y ¦ Attach this Card to the hack of the m 'Iptece, 3'y U'~ i or on the front'd space permits. D. bdelivaY address dllferaafnrnt0ara 17 ?Yes 1. Article Addressed to: k YES, eraer delWery address below: f7 No l`<0.~/yIA2~ ~i ~%yE/~Grl.4lJ ~~,~G/C, -7 Certlfie~d Mall 0 6tprees Mail 9sa -/7j ~ Aewm F't for Mamd~end6e ~ Insured Mall O C.O.D. 7007 D22? DDD2 4535 3095 ~Yas `f 2• A'"`~Np11~r 7vo7 a~~° Dooa- ~fS35 3~S (liansferhnm service /e6eQ , PS Form 3811, February 2004 ~ ast+~c Return Recepp+ +ozsesozt++-+sw 1~~aJ ~~j~/"y~y~/ a Cettllied Mag O ~l ~'/~';~{G/~-/ " ' / ' ,9 S ~ ~j ~{ytaed ~ Return ReoelPtta Meodrmrdiea ? Insured Mall ? C.O.D. 7007 0220 DDD2 4535 3057 nwaMl~FeBl 2. Art~le "amber aO ~ o,~o~o aoo~ T< 3 S ~s7 (lrensler(rom aervke Daneeflc Relum Receipt '°zseso't*Nwe,l P3 Form 3811. February 2004 #8615 • 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 a week for 1 week(s), successively, commencing on the 29th day of November, 2007. Principal Clerk Sworn to before me this W day of 2007 LEGAL NOTICE I ~ A / tVoMol+o¢PlBlicfleari~g fl/J`~/,/~II AI /J)G1 NOTICE IS HEREBY GiVBN that, pursuant lq Seotyw 276 of the. Town CHRISTINA VOLINSKI Law zud;AY`1i61e XXV of fhe Code of the Town of Southold, a public hearing will NOTAR!' PUBLIC-STATE OF NEW YORK be held by [he Southold Town Planning NO. O1-V06105050 Board,~at the Town Hall, Main Road, 61VOhfietl Irl SUffOlk COUni Southold; New York'on the 10th day of y Decembey 1A07 on [he question of the Commission cxplres February 28, 2008 following: 6:00 p.m. Proposed Standard Subdivi- sionof Michael-ISaloskFiocated on AI- vahs Lane, 2,056' No Main Road (NYS 25) arid slo -Middle Road (CR 48) in Cutchogue, Town of Sduihold, Counly of Suffolk, State of New York_Suffolk County Tax Map Number IOfN)-102-4- 6.2 & 7.1 6:05 p:m. Proposed Site Plam for The Blue Duck Bakery located on the n/s/o New Ytitk State Read 25, approximately 576'e/o BoisseauAvenue, known as 56275 Main Road; in Southold, Town of Southold, County of Suffolk, Statc of New York. Suffolk County Tax Map Number i000-63-3-12 6:10 p.m..Proposed Standard Subdivi- sion of Pefer& Gloria Onu&ak located on the Me/GO CR 48 and Mary's Road in Mattituck, Town of Southold, County of Suffolk, Slate of New York. Suffolk County Tax Map Number 1000-114-5-1 6:15 p.m. Proposed Conservation Subdivision of Philip & Patricia Marco located on the s/e/s/o Leslie's Road, the s/w/c/o Indian Neck Road and the e/s/o Bay Avenue in Peconic, Town of South- old, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-97-9-10.4 & 12; 98-1-2.1 & 27.1 Daled: 11/20/07 BY ORDER OFTHE SOUTHOLD TOWN PLANNING BOARD - Ierilyn B. Woodhouse Chairyerson s61s-1T il/z9 r • • MAILING ADDRESS: PLANNING BOARD MEMBERS O~ OF ~DUr~I P.O. Box 1179 JERILYN B. WOODHOUSE ~ y Southold, NY 11971 Chair h ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND Ol~COU rtV Southold, NY IY 11 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 and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of December, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision of Michael Kaloski located on Alvahs Lane, 2,056' n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 102-4-6.2 & 7.1 6:05 p.m. Proposed Site Plan for The Blue Duck Bakery located on the n/s/o New York State Road 25, approximately 576' e/o Boisseau Avenue, known as 56275 Main Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-3-12 6:10 p.m. Proposed Standard Subdivision of Peter & Gloria Onufrak located on the n/e/c/o CR 48 and Mary's Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-5-1 6:15 p.m. Proposed Conservation Subdivision of Philip & Patricia Marco located on the s/e/s/o Leslie's Road, the s/w/c/o Indian Neck Road and the a/s/o Bay Avenue in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-97-9-10.4 & 12; 98-1-2.1 & 27.1 Dated: 11120/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 29, 2007 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times . • Page 1 of I Kalin, Carol From: JOAN ANN [aweber@timesreview.comj Sent: Tuesday, November 20, 2007 11:40 AM To: Kalin, Carol Subject: Re: Legal Ad for 11/29 edition CAROL RECEIVED FOR PUBLICATION ON THE 29TH. HAPPY THANKSGIVING! JOAN ANN Original Message From: Kalin Carol To: jaweber@timesreview_,com Sent: Tuesday, November 20, 2007 11:21 AM Subject: Legal Ad for 11/29 edition Please print the attached legal ad in the November 29~^ edition. I'll await your confirmation of receipt. Thanks. I I '?t1 301)? • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~F SQU P.O. Box 1179 JERILYN B. WOODHOUSE O~~ lyOl Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~li`COU'M Southold, NY IY 11 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 and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 10th day of December, 2007 on the question of the following: 6:00 p.m. Proposed Standard Subdivision of Michael Kaloski located on Alvahs Lane, 2,056' n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 102-4-6.2 & 7.1 6:05 p.m. Proposed Site Plan for The Blue Duck Bakery located on the n/s/o New York State Road 25, approximately 576' e/o Boisseau Avenue, known as 56275 Main Road, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-3-12 6:10 p.m. Proposed Standard Subdivision of Peter & Gloria Onufrak located on the n/e/c/o CR 48 and Mary's Road in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-5-1 6:15 p.m. Proposed Conservation Subdivision of Philip & Patricia Marco located on the s/e/s/o Leslie's Road, the s/w/c/o Indian Neck Road and the e/s/o Bay Avenue in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-97-9-10.4 & 12; 98-1-2.1 & 27.1 Dated: 11 /20/07 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson • 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 26th day of November, 2007 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board. Southold Town Hall. 53095 Main Road. Southold. New York 12/10/07 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Standard Subdivision of Michael Kaloski, SCTM#1000-102-4-6.2 & 7.1 6:05 p.m. Public Hearing for the proposed Site Plan for The Blue Duck Bakery, SCTM#1000-63-3-12 6:10 p.m. Public Hearing for the proposed Standard Subdivision of Peter & Gloria Onufrak, SCTM#1000-114-5-1 6:15 p.m. Public Hearing for the proposed Conservation Subdivision of Philip & Patricia Marco and Marco Phil Productions, Inc., SCTM#1000-97-9-10.4 & 12 and 1000-98-1-2.1, 27.1 ~--~-v~~ Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ~~day of (vl~L~~.Gb4h~v 2007. 1 n ems, Notary C MELANIE DOROSKI NOTARY PUDLIC, State of New York No.DiD04634870 qualified in Suffolk County Commission Expires September 30/~t ~ r L' • • MAILING ADDRESS: PLANNING BOARD MEMBERS aQF S~U P.O. Box 1179 JERILYN B. WOODHOUSE O~ ryOl Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youn s Ave.) JOSEPH L. TOWNSEND ~ly~~U~ Southold, NY g Telephone: 631 76b-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 20, 2007 Mr. and Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 19, 2007: WHEREAS, 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; and WHEREAS, an application for sketch approval was submitted on November 9, 2006, including the sketch plan prepared by John T. Metzger, L.S., dated November 2, 2006; and WHEREAS, on August 14, 2007, the Southold Town Planning Board started the SEORA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 14, 2007, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007; and WHEREAS, on October 19, 2007, the applicant submitted the application for preliminary plat approval, one (1) copy of the Draft Declaration of Covenants and Restrictions and the preliminary plat prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on October 5, 2007; and Onufrak Paae Two November 20. 2007 WHEREAS, on November 9, 2007, the applicant submitted a Letter of Water Availability issued by the Suffolk County Water Authority; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; and be it further RESOLVED, that the Southold Town Planning Board set Monday, December 10, 2007 at 6:10 p.m. for a preliminary public hearing on the preliminary plat prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on October 5, 2007. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed preen return receipt cards before 12:00 noon on Friday. December 7 The sign and the post need to be returned to the Planning Board Office after the public hearing. 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, erily~dhouse Chairperson encl. cc: Suffolk County Department of Health Services Suffolk County Planning Commission New York State Department of Environmental Conservation - - • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. ]WOODHOUSE ~O~aOF SOUryOIO Southold, NY 11971 OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND li~'COU'M'~~ Southold, NY n I , Telephone: 631 766-1938 Fax: 631 785-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant November 19, 2007 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Standard Subdivision for the Property of Peter and Gloria Onufrak SCTM#: 1000-114-5-1 Location: The property is located on the n/e corner of CR 48 and Mary's Road in Mattituck. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: 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 in the R-80 Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: It is estimated that the proposed 2 residential lots will use approximately 600 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 Negative Declaration Pape Two November 19. 2007 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: S/NGLEFAMILYDWELL/NG: 300 gpd X 2 dWellirlpS = 600 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. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. Clearing restrictions will be mandated for this project and significant stands of vegetation will be protected. In addition, 60% of the buildable lands are being preserved as required by the cluster subdivision requirements of the Town Code. This area of protection is further expanded with the inclusion of the wetlands within the preserved land. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. This project complies with the subdivision regulations and meets all of the zoning requirements of the Town Code. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. Only one additional residential lot is being created and is not expected to have an overall impact on energy resources. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 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#1000-114-5-1; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application 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. The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Mondav, December 10. 2007 at 6:10 a.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: Peter and Gloria Onufrak Date: 11 /21 /07 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS $ GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Fri., 12/7/07 Re: Proposed Standard Subdivision of Peter & Gloria Onufrak SCTM#s: 1000-114-5-1 Date of Hearing: Mondav. December 10. 2007, 6:10 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public 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 PETER ONUFRAK ONUFRAK STANDARD SUBDIVISION 1000-114-5-1 Proposal to subdivide 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. MONDAY -DEC. 10 2007 - 6:10 P.M. ~ 'p-.lars - - i 9e - sE sEC. 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Mattituck, NY 11952 Re: Water Availability -Mary's Rd., Mattituck Subdivision Lot .1 _ ' SCTM# 1000-114-5-1 . _ SCWA # 11-05-330-R File # 4721673 Dear Mr. Onufrak: 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 Mary's Rd. Connection fees, which include any applicable water main surcharges, ($2,715.00) Key Money~3~o~) application and an inspection, will be required for the house service line installation. We have kept a copy of your survey on file. Generally there is a three to four week waiting period from the time all Authority requirements have been met to the time of installation. If you have any further questions, please feel free to contact me at (631) 563-5610 or our New Service Department at (631) 218-1148. Sincerely, Steve Romano Manager New Service SR:drh 2006 National Source Water Protection Award Winner ~ i Submission Without a Cover Letter Sender: PC`7~E2 e G'/~/G.~`A ~yu~,esr/C Subject ~OZG~'i`~r;,~,~,~ ~~/f'T i`~`~ SCTM#:.1000 - /i ~ -OS - D/ Date: eC~~ q~o ~ comments: .~C°~s i~cluo ~ f~ ~A~% ~ i~ ~i'~~~'~E~~ ,v, ~ ~C~ ~ D, South 9 iuen %a~~'r .,card COUNTY OF SUFFOLK 5 STEVE LEVY SUFFOLK COUNTY EXECUTIVE _ THOMAS Isle, AICP DEPARTMENT OF PLANNING ~ DIRECTOR O_F P _ August 31, 2007 C,~ ~ ~ ~1`~~'~1 Town of Southold, Planning Board Office `tf'~ j ~ ~ 1 ~ ` P.O. Box 1179 Southold, NY 11971 ~ ~ Attn: Mr. Anthony Trezza, Senior Planner 13E: Peter and.~Tloiia Onufrak Suffolk County Tax Map No.: 1000-114.00-05.00-001.000 Suffolk County Planning File No.: LS-G-2085 Deaz Sir: 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 Boazd 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. Sincerely, Thomas Isles, AICP Director of Planning AndrCi~~l g, A P 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 (6311 853-4044 F - • COUNTY OF SUFFOLK • 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: Peter & Gloria Onufrak Subdivision . 2~'~~ ` , SCTM#: 1000-114-5-1 ` " 3 Deaz Mr. Trezza: The Suffolk County Department of Health SerYces (SCDHS; "Department") has 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 aze completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has not received an application for the above referenced project as required by Article VI of the Suffolk County Sanitazy 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 aze 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. Since ly, Theresa Goer n Environmental Analyst Office of Ecology TG pc: Kimberly Shaw Walter Hilbert, P.E. ' ~ ~ ~ S~v~F~/~ MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 o~~of souryol Southold, NY 11971 JERILYN B. WOODHOUSE Chair ~ Q l~ 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 I'11, Telephone: 631 765-1835 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-SEORA) 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 Peter and Gloria Onufrak SCTM#1000-114-5-1 Requested Action: 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. The property is located on the n/e corner of CR 48 and Mary's Road in Mattituck. SEQRA Classification: ()Type I (X) Unlisted Contact Person: Anthony Trezza, Senior Planner (631) 765-1938 ~ M • • Lead Agency Coordination Request - Onufrak -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, rilyn 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 1 • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 o~aOF SOUrypl seuthola, NY 11971 JERILYN B. WOODHOUSE Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON 'gip ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ly~~llM'r,N~ Southold, NY Telephone: 631 766-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 2007 Mr. and Mrs. Peter Onufrak 1500 Mary's Road Mattituck, NY 11952 Re: Standard Subdivision of Peter and Gloria Onufrak Located on the n/e corner of CR 48 and Mary's Road in Mattituck SCTM#1000-114-5-1 Zoning District: R-80 Dear Mr. and Mrs. Onufrak: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, August 13, 2007: WHEREAS, 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; and WHEREAS, an application for sketch approval was submitted on November 9, 2006, including the sketch plan prepared by John T. Metzger, L.S., dated November 2, 2006; and WHEREAS, on January 25, 2007, at the request of the Southold Town Trustees, Planning Staff requested that the NYS DEC flag the wetlands located on and adjacent to the subject property; and WHEREAS, on May 21, 2007, the freshwater wetlands were delineated by Robert Marsh of the NYS DEC; and WHEREAS, on July 3, 2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated last revised May 21, 2007, which shows the extent of wetlands as delineated by the NYS DEC; and WHEREAS, on July 3, 2007, Planning Staff referred the revised map to the Town Trustees for a verification of the wetlands line; and _ Peter & Gloria Onufrak Page Two August 14. 2007 WHEREAS, on July 18, 2007, the Planning Board received correspondence from the Town Trustees indicating that the revised survey accurately reflects the wetlands boundaries as delineated by the NYS DEC; and WHEREAS, on August 2, 2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007, showing compliance with the cluster subdivision requirements pursuant to Article XI Cluster Development, of the Southold Town Code; be it therefore RESOLVED, that the Southold Town Planning Board start the SEORA lead agency coordination process for this Unlisted Action; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 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 Peter and Gloria Onufrak." b. Lot 2 must be shown to be attached to the Open Space parcel. Revise calculations accordingly. c. Show the 100' setback from all wetlands. d. Label the area between the edge of wetlands and the 100' setback as a "non-disturbance buffer." e. Show building envelopes for each lot. f. Specify the permissible amount of clearing for Lot 1, pursuant to the Section 240-49C of the Town Code. And show the location of said clearing limit on the map. 2. Submission of Draft Declaration of Covenants and Restrictions containing the following clauses: a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. b. No further subdivision of any of the lots on the approved subdivision map in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. All stormwater 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- Peter & Gloria Onufrak Page Three August 14. 2007 02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. f. Specify the clearing limits for Lot 1 and refer to the appropriate section of the Town Code. g. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands. h. No stormwater run-off resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. i. All utilities serving the lots shall be located underground. 3. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 4. Submission of a permit or letter of non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. 5. Review by the Town of Southold LWRP Coordinator. 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 ((i) 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 F~-1 v~~r~ ~ SKI James F. King, President ~~~OF S~Vj~,O~ Town Hall Jill M. Doherty, Vice-President a~ ,~O l0 53095 Route 25 Peggy A. Dickerson ~ P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen Bob Ghosio, Jr. ~ ~ Telephone (631) 765-1892 Fax (631) 765-6641 ~~~OUNTV~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Anthony Trezza, Senior Planner ~ Jerilyn Woodhouse, Chair-Planning Board FROM: Jill M. Doherty, Vice-President ~ ~D. Board of Trustees DATE: July 18, 2007 RE: Onufrak Property SCTM#114-5-1 In response to your memo dated July 3, 2007, it was determined by the Environmental Technician for the Town of Southold that Robert Marsh from the NYS Dept. of Environmental Conservation flagged the wetlands on May 21, 2007 and found the survey to be consistent with the DEC flagging. Furthermore, the Board of Trustees reviewed the survey prepared by John T. Metzger last dated May 21, 2007 and determined the building envelope within the proposed two (2) lot subdivision to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code. Please be advised that any activity within 100' of the wetland boundary requires a further review from this office. If you have any questions, please feel free to contact our office. cc: Board of Trustees ~ 1`, _ ~ ~k MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SO~Tyo P.o. Box 1179 JERILYN B. WOODHOUSE h~ l0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS u~ ac Town Hall Annex MARTIN H. SIDOR G ~ ~O 54375 State Route 25 GEORGE D. SOLOMON ,rtV ~.A (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND CQUn l Southold, NY Telephone: B31 765-1938 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Board of Trustees From: Anthony Trezza, Senior Planner Date: July 3, 2007 Re: Wetlands Verification for the Property of Peter and Gloria Onufrak 1000-114-5-1 The Planning Board previously requested that your office verify the wetlands on the above-referenced property so that we may proceed with atwo-lot subdivision application. However, you asked our office to have the NYSDEC flag the wetlands, which was apparently done but no date provided. A copy of the updated survey is attached for your review. We are again asking you to verify the wetlands and advise the Planning Board of your determination. You should find out who flagged the wetlands and on what date. If you have any questions or need additional information, please feel free to contact this office. Thanks you for your assistance with this matter. • • New York State Department of Environmental Conservation Notice of Incomplete Application -This is NOT a Permit ~ Application ID: 1-4738-03675/00001 Batch Number: 972939 Facility: ONUFRAK PROPERTY 1500 MARY'S RD MATTITUCK, NY 11952 Applicant: PETER ONUFRAK Owner ID: 1524634 1500 MARY'S RD MATTITUCK, NY 11952 Permit(s) Applied for: I -Article 24 Freshwater Wetlands Project Location: in SOUTHOLD in SUFFOLK COUNTY Your application for Permit is incomplete. The following items are required: I) Project location map (USGS or equivalent) which clearly shows the project location with respect to identifiable roads and other notable features. Submit 2 copies 2) Project plans. Submit 1 copy 3) Representative color photographs of the project area and surroundings. Please label each with a description and date taken. Submit 1 copy Additional Information: Please submit requested information by No further action can be taken until all of these materials are/~r~eceived. Contact Person: Signature: 1 ~~~i"~~i~,~~~~~~'`~' CAROL A FARKAS NYSDEC Date: January 31, 2007 SUNY @ STONY BROOK~50 CIRCLE RD STONY BROOK, NY 11790 Telephone Number: (631) 444-0364 (fold #2) - NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION = DNISION OF ENVIRONMENTAL PERMITS NYSDEC REGION ]HEADQUARTERS SUNY @ STONY BROOK50 CIRCLE RD STONY BROOK NY 11790 PETER ONUFRAK 1500 MARY'S RD MATTITUCK, NY 11952 (fold # 1) -staple here NOTICE OF RECEIPT OF APPLICATION The Division of Environmental Permits has received the application referenced below. The material submitted is being reviewed by staff, and you will be advised in writing regarding the department's findings. In all future communications, please refer to the Application ID number. .tpplication ID: 1-4738-03675/00001 Dnte Received: 7anuary 30, 2007 Applicant: PETER ONUFRAK Facility: ONUFRAK PROPERTY Description: flag wetland DeC Contract: CAROL A FARKAS N.Y.S. DEPA~ENT OF ENVIRONMENTAL CONSERVP~V NYSDEC REGION 1 HEADQUARTERS iUNY @ STONY BROOK~50 CIRCLE RL STONY BROOK NY 11790 (631)444-0365 SAVE THE TOP HALF OF THIS FORM FOR YOUR RECORDS AND RETURN THE BOTTOM HALF WHEN PROVIDING THE INFORMATION REQUESTED ON THE ACCOMPANYING NOTICE OF INCOMPLETE APPLICATION. YOUR DOING SO WILL HELP US EXPEDITE YOUR PERMIT PROCESSING. THANK YOU. DEC Concoct CAROL A FARKAS earth ID: 972939 Application ID. 1-4738-03675/00001 Owner lD.~ 1524634 Dote Received: 01/30/2007 Dnte Incomplete.' 01/31/2007 Applicntion Type: NEW Applicant Name: PETER ONUFRAK Facility Name: ONUFRAK PROPERTY Project Desc: flag wetland PLEASE PROVIDE REQUESTED INFORMATION ON OR BEFORE: SALE THIS PART DETACH N.Y.S. DEPARTMENT OF ENVIRONMENTAL CONSERVATION NYSDEC REGION 1 HEADQUARTERS DEC Canna: CAROL A FARKAS Batch Id: 972939 Applicntion 1d: 1-4738-03675/00001 owner Id: 1524634 Date Received: 01/30/2007 Date Incomplete: 01/31/2007 Application Type: NEW Applicant Name: PETER ONUFRAK Facility nnme.~ ONUFRAK PROPERTY Project Desc: flag wetland Information Due On Or Before.' PLEASE ATTACH THIS HALF SO IT IS DISPLAYED PROMINENTLY ON YOUR RESUBMISSION RETURN THIS PART RETURN THIS HALF OF THIS FORM WHEN PROVIDING THE INFORMATION REQUESTED ON THE ACCOMPANYING NOTICE OF INCOMPLETE APPLICATION. MAILING ADDRESS: PLANNING BOARD MEMBERS `~QF SO(/rh, P.O. Box 1179 JERILYN B. WOODHOUSE Q~ Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARD5 y ~ Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D. SOLOMON '~Q~ • (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~CQU~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 25, 2007 Mt. Dan Lewis NYSDEC Freshwater Wetlands Division Building 40-SUNY Room 219 Stony Brook, NY 11790 n~~ Re: Freshwater Wetlands Flaneine d\~ I SCTM# 1000-114-5-1 /~J I 1 Dear Mr. Lewis: The Planning Board is in receipt of an application to subdivide a 7.0415-acre parcel into two (2) lots as shown on the enclosed survey. The Town Trustees inspected the subject property and are requesting that the freshwater wetlands be flagged by the NYSDEC. The following information is enclosed fox your review in connection with the wetlands delineation: 1. Completed Joint Application fox Permit. 2. One (1) copy of the subdivision plan prepared by John T. Metzger, L.S. dated last revised October 25, 2006. 3. Letter of permission from the property owner authorizing the NYSDEC to enter the property for the purposes of flagging the wetlands. 4. One (1) copy of the tax map. 5. One (1) copy of the aerial photograph of the site. Please let me know when the flagging has been scheduled as I would like to meet you at the site. If you have any questions or need additional information, please feel free to contact this office. Thank you for your assistance with this matter. S y, Antho ezza Senior Planner S:APlanning\2007\SubdicisionsVlxttcaAnyzdcc 1.2i0Zdoc JOINT APPLICATION Ba-19-3 (tU00)pfp I New York State FOR PERMIT " United States Army Corps of Engineers AppliraNe to agencies arM permit cate9aies listed In Item 1. Please reatl all InsWCtions on back. Attach atltlilimal iMarmation as neetletl. Please pool legiby or type. 7. Cheek permits applied for: 2. Name pplicant (Use full name ~[y~///~ ~J/ Tel?ephone Number (daytime) NYS Dept. of Environmental Conservagon ~Wh ~ ~ Q ' / ° I Mailing Address ~~~III ? Stream Disturbance (Bed and Banks) ( ~a~ / ~ j ? Navigable Waters (Excavation and Filp J V J ~F J ? Docks, Moorings or Platforms Post ORice a/ / SW ZI~/ ode / (ConstmM Or Place) v/ ~r N //Ny ? Dams and Impoundment Stroctures 3. Taxpayer ID (If applicant is not an individual) (Construct, Reconstructor Repair) ? Freshwater Wetlands ? Tidal Wetlands 4. APPIicant Is elan: (check as many as apply) ? Coastal Erosion Control ? Owner ? Operator ? Lessee ®MunicipalNy /Governmental Agency ? Wild, Scenic and Recreational Rivers 8. If applicant is not the owner, identify ownarhere - otherwise, you may provide AgenVContatY Person in(ortnation. ? 401 Water Quality Certification Owner or ge UContac/[,Person Lp® Owner ? Agent /Contact Person T/9l)ephone Number (daytime) ? Potable Water Supply / U/1,} /j/rc. (p •0 ~ 9~U ? Long Islantl Wells Mailing Address / ^O ` ? Aquatic Vegetation Control post ofnce SD 4 ? Aquatic Insect Control ~ Sate Zio Code/l/ / ? Fish Control f~/ e. Project / Facility Location (mark location on map, see instmclion ta.) NYS ice of General Services County(:~ TowNCgvNillaae: / ~J,/ ( az Mao SectioN Block /tM Number: (State Owned Lands Under Water) iJ Ll ~/2 ~/L Se ({~j~ /Q %'f~~~/(ijG ~ ~aQ(}'~~~~~ s ~ } ? Lease, License, Easement or Location (including Street or Roatl) Telephone Number ldav[imel other Real Property Interest p Utility Easement (pipelines, conduits, ~J?V ~ y~ G3/-/7~- r70G cables, etc.) Pasl Office Stile Zip Code 7. Name o1f Stream or Waterbody (on or near Drolect ske) ? Docks, Moorings or Platforms ~ 9 ~ z ~ (Construct or Place) 8. Name of USGS Ouatl Map: Locaton Coortlinates: Atllrondack Park Agency ? Freshwater WeBands Permit NYTM-E NVTM-N 4 ? Wiltl, Scenic and Recreational Rivers 9. Project Description and Purpose: (Category of Activity e.g. new constmctioMnstallation, maintenance or replacement; Type of SUUCture mr Activity e.g. bulkhead, dredging, filling, dam, dock, taking of water, Type of Materials antl Quantities; Strocture and Work Area Dimensions; Need or Purpose Served) Lake George Park Commission y~~ ? Docks (Construct or Place) ~L ~0(~,-> ~ C~~f/(S~n~ 7iM~ I ~7C ? Moorings (Establish) , I~ ( Q/A' ~J / u~~l~v~ ,O~-~jl (~J US Army Corps of Engineers JN} J/Cl f' `((('///a ~ ~_U~1~ O~ ~!/~_O/~/~ ?Secion 404 (Waters of the Untied States) V~ C~`'~Pn~ ? Sedion /0 (Rivers and Harbors Acl) VVV ? Nationwide Perma (s) Identity Number(s) For Agency Use Only DEC APPLICATION NUMBER US ARMY CORPS OF ENGINEERS ropose se: 11. Will Prajecl Occupy 12. Proposed Start 13. Estimated Complellon ? ? State Land7? ~ Dale: Date: Pdvale Poblic Commercial Ves N ~ td. Has Work Begun on Project? (If yes, attach ? ? 75. List Previous Permit /Application Numbers and Dates: (If Any) explanation of why work was startetl wahout permh.) y~ No 18. Will this Project Require Additional ? ? It Yes, Federal, State, or Local Permits? yps No Please List 17. If applicant is not the owner, both must sign the application I hereby affirn that information provided on this form antl all attachments submitted herewith is true to the best of my knowletlge and belief. False statements matle herein are punishable as a Class A misdemeanor pursuant to Section 21048 of the Penal Law. further, the applicant accepts full responsihility far all tlamage, direM or indirect, of whatever nature, and 6y whomever sufkred, arising out of the project tlescribed herein and agrees to intlemniry and save harmless the Slate from suits, actions, damages and costs of every name antl description resulting from saidp tecl In addi'on, Federal Law, 18 U.S.C., Section 1001 provides far a fine of not more than $10,000 or imprisonment for not more than 5 years, or both a pli t know' gly and willingly /alsifes, rgnceals, or covers up a material fact; or knowingly makes or uses a false, fictitious or fraudulent statement n Date ~ 2) ~ r77 Signature of Applicant Title C~/J/d/ sO~Gn//!~ Date Z~ ' n 7 Signature of Owner Title ~ Q~ I am the property owner of SCTM#1000-114-5-1, 1500 Mary's Road in Mattituck. I authorize the NYSDEC to enter my property for the purposes of flagging the wetlands on and/or adjacent to my lot. Please coordinate this flagging with the Southold Town Planning Board staff. Peter Onufrak Date n ~ w 1 w: ~ ~ ~ ~ ~ a~ ~ 0 e~ ~ 0 _i - ~ ~ ~ ~ ~ i ~ a W _ / c~ ~ 6~ ~ ~ ~ 'P \\~\r N ~i ~ .1 I % a. ~ ,tea ~,.Ax„ © ' p N O~ < rz.,~a ~ ~ ~ ~ ~~~rz.wa ~ ~ ~r, ~ ~ , VVV C x, ,x / ~~k, s x ~ ~ s \ F U z, ~bm V' QQ® ® $ ' r ~ sp z u. Yn 0§qf ski S ~ ~ / \ ..~3 ~ © Se ~~ry.. Y ~ • _ ~ ~ y.~rt .n ^X 6~ u.°r.' u. _ , ~ RAE - ~ ~ ® _ ~ W. 'fi4~ x ~ vs g ~ ~ 3 _ sa ucwva ~ - ...a~ J zs Ro.¢c couwTr of suFFOAN © R ` a sour~o g°•°• E~~ ...e. _ ai, - - - - . ~".F,•. Neal hoperty iav Service Agenry `r 114 pi...4' ~..n „n ~.v..e. m vrz.vu >nr 1~~ fliOPERix MM . ~3 James F. King, President ~ SOUry Town Hall S Jill M. Doherty, Vice-President ~l0 ~ 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson l~I ~ Southold, New York 11971-0959 Dave Bergen Bob Ghosio, Jr. ~ ~ ,0 Telephone (631) 765-1892 ~ Fax (631) 765-6641 ~y00UNTV 0~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 18, 2007 To: Anthony Trezza, Senior P From: Board of Truste s l Re: Wetlands Verification for Onufrak Property 1500 Mary's Rd. Mattituck SCTM# 114-5-1 The Board of Trustees inspected the above referenced property on January 15, 2007 as per your memo of 1/9/07. The Board requests that your department contact the New York State Department of Environmental Conservation's Freshwater Wetland Division to flag the wetlands on the parcel. The request can be placed through Rob Marsh or Dan Lewis at 444-0278. After the DEC has flagged the fresh water wetlands the Board of Trustees will review the subdivision. Please contact our office if you have any further questions on this application. Submission Without a Cover Letter Sender: / e f~ ~ ~ ~ t ct Subject: j~e-b.e r p. D ~,t'`-wcc, ~ u c~~.v~.~i~,~ SCTM#:.1000- iii/ - S-/ Date: -B - U ~ Comments: ~ e ~ ~ ~ ~ 4/~ ~ ~ ~ a ~ ~-~sz~ ~ ~ D ~ ~ ~ r- i f"a 4 ~ ~ G~ i. ~ i' 1---__ _ _ .._J 1 ~.:,}pA fiR'.L rJV°('Jtbl .m i.. dlv'NLhdngMP12R: Ab T Project Status Report for Standard Subdivisions ~k~ prt~j 4+ litt i tiikii I ii s{1+! kk tt+ ~3Iu rti ht °ii ~ "~°Ctih F'fl ~yr Mtf~ L3Si y~~~`~ ~`+G d r ' 9t +ff r~ I tkiAl~s tits P S,; sj{jS ty s3f i+({I { ~7~i t)}Ijrii,(~ ~i r " ~ 7 4?19 +E~ utYYt r ~kr1 }!tt ttie s tsr~ ~(y ~~1 if t t~Yk itti i4{ !4 n x kh i i + a , r ht fit' i c .f° 3 +i I X33 (t y tt 13 Su {rt +t fmtikliSl ~ t~~ Ifi € i f~ } k k } ! '~1i~ I~ik tli}3~it~<~3!'}i ~+yt~rci y y{~N~315 }~~t tt i rt~r. P„rca,~,'~i~tl~n~34~~`? NN~ #~'t~~,llh~~tly;ll '~I , xlk~~y ~ f'~~pyk~, ~ ~~i~l!€II'~,~1,1u 11 ~?y<~5 {'€t~''~"~ . . I;tly°s I }f s:,. ? i ! Ci!!! f=4 it't"ci Y~~~q`n€i' N+~S711i f i k€ ,r~i~~fi ~i ~.4" +i tr ~rigS ~y,kr;(~litr+~t 17 N #At t N ty+i sr i tiis',tiynfshF7I3+ If~lil{+I 4 fit{~~ it hf}7'pSs'33 k f~t~ls~i ! yi I3 k~jk f ~ I E<k X713}t~}gr~~'~~}~('3~ SR t' j+~~~N~t {y. ~'i iI y y I "!s~ Y~ ! jt p a p ~ t~ I! SIl##td~y~~~,~4'4~ n !Iii ri i 3+i+ y ~r'r i HI€€I}j L t rIF 4 Pf€i~i3 III{It~ •a ~ t ~~~"a 3 t { i 1~.. H it i It" ' s ~ tI 3f IIf kl ii~ e h I t ti~ i ~ t`i r lnaN u ' ~ t t I IiI~ ~ ,'~~~t~ yi~r>yl~t;y{$ ~~il ~~b~{yti,tie 9U~t37++~hiN"yti (~~I~ {i ~~kt1~~N~~~ i~ Ie i ~ .?r] 116 t{ ys~ r a~~ l;ei ~II a r e t tkr z"I I 4°?i III ZB~A~~egtS7on • ts' nM{h r';4(~iC~isn~ii~i•SIII>.hi~{~~"`PtitT~ltr ~ ,s i~+t 13 i,#'yy ~=•Sp~~i CihI~iif~(€€#~~;~r~f Sketch Application Dates Pre-Submission Conference SEQRA Determination 1 l- ty - 1 Sketch Application Received SC Planning Commission Referral 1\ ~n~ a`n Application Fees Paid SC Planning Commission Comments Il. ~2Z~Qt~ ERSAP Submitted Fire De arfment Referral ,_,~y~do Yield Plan Submitted Fire De artment Comments ~Uww Concept Design Determined Engineer Conference Fire Department Comments Sketch Plan Submission SEQRA Coordination ~i - 1', - y~ Conditional Sketch Approval C9 ~ Z U - o (o Landscape Plan Sketch Approval Soil Conservation Plan Preliminary Plat Application Dates (6 months after Sketch Plan Approval) Preliminary Application Received 1 b-1 c1-~-1 DEIS Submission Application Fees Paid 1Cn n"' Prl. Referral of Legal Documents to Town Attorney Referral of Road and Drainage Plans 1>- Comments from Legal Department Received Engineer Conference N pc FEIS Submission Comments from Town Engineer N l~ Preliminary Hearing Set 11 -'1A-O~1 Draft Performance Estimate A)!~ Preliminary Hearing Held Draft Covenants and Restrictions ~I- IV, n9, Preliminary Hearing Closed 1 1\ -O"1 Draft Homeowner's Association Agreement N R- Conditional Preliminary Approval - Draft Road Maintenance Agreement NA- PreliminarvApproval ~2 ~®'O~ Scoping Session Final Plat Analication Dates 16 month`s after Preliminary Plat Approval) Final Application Received ~~11 11~1-~ Affordable Housing Fee Paid ?.l~ Application Fees Paid ?I ~ n Na'~ Administrative Fee Paid N~!' Molars Received (51 `y \1 NYSDEC Wetlands Permit Received 2 2Y, -D~j Paper Prints Received (8) w 1 1'(~ r~_ NYSDOT/DPW Permit Received Final Road and Drainage Plans !~l14- Trustee Permit Received Performance Guarantee Received ~7t1 final Hearing Set Performance Guarantee to Town Board )\1 !t Final Hearing Held/Clpsed X11 Cry T~~ B 7 e~~~{ 1-.12Sq u Final Covenants'and Restrictions (~~i ~ ~ j Filed Legal Documents Final Homeowner's Agreement rJ~ Conditional Final Approval "~,~ql"~ ID Final Road Maintenance Agreement Finaf Approval t ~l ~ ~a~ _ I pogo"° lalr>{~09 Park and Playaround Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review I JT) OBE ~w~,i Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: L t ~w,~l t rn ~ 5 , ~ `s y 0 ~c..~. . 11 ~ Z• ...d~.Z ~-h.,.~- ~7U1DY ~J'J?~ b Lr ~`U~ V C-I 1J~ ~1a'- yt u, ~~t G1t ~ Gx~~1~n S n~l S".IKWI1~ JS"y ( L~J 1~ 1 U/~ Lt.1~~Y J ? , ~`J TI-trD ~.t-L(.iV ~ r tl x' ~ S V`Q.-' " ye. S~-t ~ti 2,--r ~ e ^ S ~ D n ~ C o YJ~ I :.yam a~ 4. ti. a 1 . Application for Final Flat Approval ~~~k n~ d) APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivt:.r:n drs:-t!`ed her:u~. 1. Ne,necfGUhd:-,,~is.'c:. '~Z~stw'}El1t1t-~'y~uCiSi>~,l_OF~fi~A-~ (~'lok+n ©rlµtR~41L 2. Suffolk County Tax MaN ;t _~dr? d ~ ~~U - S - / 3. Hamlet /y1~TTi -tfic 4. Street Location ~U_ d ~~L4~i/f ~A. 5. Zoning District l2. g'J 6. Date of Submission _j~f,~10 ~ ° ° " ~ 7. Sketch Plan Approval Date $~~/~C 7 " 8. Preliminary Approval Date --`~t`Ot=`- 9. Number of Lots Proposed _ _ j lU. Acreage of Open Space/Reserved Area 7 ~ 36 fj 7 ~Ci2t'S 11. Affordable housing ilnits Proposed OFF , }2 l2. Percentage of Affordable Housing 13. If providing less than 25% Moderate Income Family Dwelling Units (MIFDU), please indicate how the property owner intends on satisfying the affordable housing requirement ptusuartt to Section A106-i 1 (B) of the Town Code. ~/~,q.~ 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If noi, please explain the differences. ~@f 15. Applicah~m Irep3red by ~mer ? a?,.°rd [ ]other r Signature of Preparer Date L pX ~OSUFFO(~CO ~ MAILING ADDRESS: 'CANNING BOARD MEMBERS ~y~ G,y P.O. Box 1179 JERILYN B. WOODHOUSE ~ ~ Southold, NY 11971 Chair y OFFICE LOCATION: • ~ Town Hall Annex WILLIAM J. CREMERS y~ol ~aO~ 54375 State Route 25 KENNETH L. EDWARDS ~ (cor. Main Rd. & Youngs Ave. ) MARTIN H. SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 631 765-1935 ,v„~,.,„„~ PLANNING BOARD OFFICE ry nIg TOWN OF SOUTHOLD D ~ ~ ~ ~ V ~ t v: Application for Preliminary Plat App ~ ~~t`n"e~~ E_ - APPLICATION IS HEREBY MADE to the Town of Soutlio~'~" 1'rl2riniilg and for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision h~~; u~.S/ o.~l Dri ~to ~,P.a~r'~j ~p 2. Suffolk County Tax Map # fOpU -//f~®6'fy Pe-TC~ ~ G(a~~,r O.~«~tK 3. Hamlet /Y/RTT~ T~i~K 4. Street Address/ /50~~Qn Project Location 5. Zoning District ~ - ~Q 6. Date of Submission /o~jq /p) 7. Sketch Plan Approval Date g~i ~~d, 7 8. Acreage of Site 7, 0 ~/S }tCQc= S 9. Parcel Yield 10. Number of Lots Proposed 2 a. Number of Affordable Lots Required: fl- b. Number of Affordable Lots Proposed: i? c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: ~V/A 11. Acreage of Open Space y.36 8~ ~¢~y~ 12. Percentage of Open Space (O 13. Range of Lot Sizes (~f /,~3~~r~eS ~,~.z = 3.7oY9A{r~s 14. Average Lot Size nn /~/~/a 15. Private or Public Streets ~i~b(; G 16. Length of Road(s) 17. Acreage of Road(s) 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. „/D 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 p~q/,ssible, please provide application reference numbers. FYI ~D/K /tvu.J~y //cA-/~ ~N/n sio -0700/ n/l 7?~T nY' ~V n1A~y~~ C'dn/S'[~Z./~~im? 20. Application completed by [owner [ ]agent [ ]other Signature of Preparer Date f~ ~ 9 J 7 PLANNING BOARD MEMBER o~OgUFFO(,~coo ~ ~P o Bo~DRESS: JERILYN B. WOODHOUSE y~ Southold, NY 11971 Chair y ~ OFFICE LOCATION: RICHARD CAGGIANO ~ ~ ~ Town Hall Annex KENNE H L. EDWARDS y~0.( 54375 State Route 25 MARTIN H. SIDOR ~ (cor. Main Rd. & Youngs Ave.) Southold, NY GEORGE D. SOLOMON Telephone: 631 766-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for SKETCH APPROVAL for the subdiviGsion described herein. 1. Name of Subdivision /L~ ~ 6 ~6%G ~nu>~( 2. Suffolk County Tax Map # ~OC~O - j/~{ ~ aS-d/ 3. Type of Subdivision Standard [Conservation [ ] 4. Hamlet //~/~T'T%fuG/< 5. Street Address/ /S CL~ /~1r~,2.c1s X21. Project Location 6. Acreage of Site 7. O 7. Proposed Yield Z 8. Number of Lots Proposed 9. Zoning District ~i ~O 10. Date of Submission 11. Please provide the names, addresses and phone numbers for the following people: D Applicant: / c~~ ~/L /Q ~i~(./,~i?,4~ ~/02: ~ ~2~L0 `tnAJU ~,p~~ /$D~ Sri /~'J . Agent: Property Owner(s): .Sfame ~-e /~G,Unrt Surveyor: t~~~Od/i C ~S'u2~r Zb1O~S ~ 2 Ti2,Q1/ P/e25 s7: i Engineer: Attorney: 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. 13. Has apre-submission conference been held with the Planning Board? If so, provide date. 14. Has the owner/applicant met with Land Preservation? If so, provide date. N 7 15. Is any part of the property in agricultural use? 16. Is there an existing or proposed sale of development rights on the property? ~O _ 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. Nb 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). 19.The site will be serviced by the following special districts or utility companies: Fire District /d~7/.j-~ yly~ ~,~i T-,) . Post Office /J7q.~~`,/z„ L(__ School District /19lYrTi SGL„-/~ Water 9ot~T~//C L~n,~,~L~i GVA-Tax-.Q.~a.2~~ 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. 21. Please indicate the type of open space proposed and how it will be managed? Olt Qtps~ L'A~ ~e O W.~1P23 (n ~ sl n~ s' 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? ~r ~ r `y /~E$ i/J~.JrP 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. ~f/~ 24. Application completed by [„]owner [ ]agent [ ]other Signature of Preparer Date i • i'Applicant Transactional Disclosure Form c_._._ The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and emolovees. The nurgose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: last name, first name, middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. [f so, indicate the other person's or company's Warne. Nature of Application: (Check all that apply) Tax grievance Building Variance Tmstee Special Exception _ Coastal Erosion Change of zone ~ Mooring Subdivision Plat 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 ovmership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. Yes__ No~ If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of 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 ]ine A through D and/or describe hr 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. [he 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 thi day / 200 Signature U Print Name ~t,t ,v s~ x.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 [o 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: Par[ 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 no[ 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 [he project could have a signifcant 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 Standard Subdivision- Peter and Gloria Onufrak Name of Action Southold Town Planning Board Name of Lead Agency Jerilyn B. Woodhouse Chairperson Print~o~r ~TyDpe• Name of Responsible Officer in Lead Agency Title of ~ spo ei Offi ~ ~ gnature o esponsible Officer in Lead Agency Signature of reparer f different from responsible officer) November 19, 2007 website Date Page 1 of 21 c/ , ~ V/7.20 Appendix A State Environments! 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 io allow introduction of information to fit a project or action. Full EAF Components: Tha full EAF is comprised of three parts: Pert 1: Provides objective data and information about a given project and its site. I3y identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Pert 2: Focuses on identifying the range of possible impacts that may occur from a project or action. h 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 protect: ? Part i ? Part 2 - ®Part 3 Upon review of the information recorded on this EAF (Parts i 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 impactls) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ®B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.` ® C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. `A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action 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 reparer (lf different from responsible officer) website Date Page 1 of 21 i . • PART 1--PROJECT INFORMATION Prepared by Protect Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you bell eve 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 add(jitional w/ork Is unavailable, s/Jo in/dlicate and speciry each instance. Name of Action .~°c~~c~v~,s~ia.J O!' /-~cc~r4t~ ~fer (/,Jurr9lL Location of Action (include Street Address, Municipality and County) %SD~ //7D~CY,r ~r~ ~L'n..~.r~ /~'r a7fi~ c! N Name of Applicant/Sponsor _f'Pfcr ~ ~auFrslGL Address ~S DD City / PO `yf Q-rfj~ fuc. ~ State ,U Zip Code J~~Z Business Telephone Lai/- 29~- ZISx><, T- Nama of Owner (if different) Address City/PO Stale ZlpCode Business Telephone DescriptiopnofA//ctiorr. ~n1 J u01~?/~(y ~ iCO~ l.C~j i~•v')fo ~cJo ~07~.7. "~,a,....-. r,.-,.. ,warn-.~ .............,..nmr+... -....r...p., j. t D' Pq`i(~°l~~II J L"'r ' I~'Ii L I J Page 2 of 21 / • ,Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1 . Present Land Use: ? Urban ®Industrial ®Commercial ~ Residential (suburban) ~ Rural (non-farm) ®Forest ~ Agricuhure ®Other 2. Total acreage of project area: ~ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECLI acres acres Water Surface Area acres acres / Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil typeisl on project site) a. Soil drainage: Well drained of site ~ Moderately well drained _°h of site. Poorly drained of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see 1 NYCRR 3701. 4. Are there bedrock outcroppings on project site? ®Yes ~ Ne a. What is depth to bedrock lin feet) 5. Approximate percentage of proposed project site with slopes: ~0-10°h ~10- 15°h% ~ 15°/n or greater 6. Is project substantial) contiguous to, or main a building, site, or district, listed on the State or National Registers of Historic Places? ~ 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) lin teed 9. Is site located over a primary, principal, or sole source aquifer? Yes ~o Y0. Do hunting, fishing or shell fishing opportunities presently exist in the project areal ~ Yes ~ No Page 3 of 21 11. Goes project'slte contain any species of plant or animal life that is identified as threatened or endangered? ®Yes ~.~J" No According to: Identify each species: 12. Are there any unique or unusual land forms on the project site? li.e., cliffs, dunes, other geological formations? Yes ~No Describe: 13. Is the project site presently used by ti.e community or neighborhood as an open space or recreation areal Yes ~No If yes, explain: 14. Does the present site irvclude scenic views known to be important to the community? ®Yes ~lo 1 5. Streams within or contiguous to project area: ~b N'~ a. Name of Stream and name of River to which it is tributary ~/~R 16. Lakes, ponds, wetland areas within or contiguous to project area: b. Size lin acres): Page 4 of 21 , • • 1 7. Is the site served by existing public utilities) Yes ~ No a. If YES, does sufficient capacity exist to allow connection? ~es ~ No b. If YES, will improvements be necessary to allow connection) Yes ~No 1 8. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 26-AA, Section 303 and 304? ®Yes ~No 19. Is the site located in or substantial) contiguous to a Critical Environmental Area designated pursuant [o Article 8 of the ECL, and 6 NYCRR 6177 ®Yes ~lo 20. Has the site ever been used for tha disposal of solid or hazardous wastes) ®Yes ~lo B. Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriately a. Total contiguous acreage owned or controlled by project sponsor: ~ acres. b. Project acreage to be developed: ~ a~c(res initially; acres ultimately. c. Project acreage to remain undeveloped: / acres. d. Length of project, in miles: ~t/~~4 (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. ~ % / f. tJumber of off-street parking spaces existing !y~; proposed g. Maximum vehicular trips generated per hour. N~ (upon completion of project)? I h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions lin feet) of largest proposed structure: UN/~n/D1d7?heigh[; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is7 ~~p ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site) n/JW~- tons/cubic yards. 3. Will disturbed areas be reclaimed Yes ~No ®N/A a. If yes, for what intended purpose is the site being reclaimed) Lffa/il3c~,`N~ , J2A-6,`7/5 b. Will topsoil be stockpiled for reclamation? Yes t~No ` ~ - c. Will upper subsoil be stockpiled for reclamation? ~ Yes ~No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? ~ acres. Page 5 of 21 • • 5. Will any mature forest lover 100 years old) or other locally-important vegetation be removed by this project? ® Yes ® No 6 -ra- h. If single phase project: Anticipated period of construction: ~ months, )including demolition) 7. If multi-phased: a. Total number of phases anticipated (number) b. Anticipated date of commencement phase 1: month year, (including demolition) c. Approximate completion date of final phase: month year. d. Is phase 1 functionally dependent on subsequent p~ha(ses? ®Yes No 8. Wfll blasting occur during consiructiont ®Yes No 9. Number of jobs generated: during construction~L_; after project is complete 10. Number. of jobs eliminated by this project N 11 . Will project require relocation of any projects or facilitiest ©Yes ~No If yes, explain: ~'7_~ _ _ _ _ 12. Is surface liquid waste disposal involved? ®Yes ~No a. If yes, indicate type of waste Isewage, industrial, etc) and amount i b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ®Yes ~ No Type L~ - 14. Will surface area of an existing water body increase or decrease by proposal? Yes ~No If yes, explain: 16. Is project or any Portion of project located in a 100 Year flood plain? Yes ~No 16. Will the project generate solid wastai Yes ®No a. If yes, what is the amount per month? tons b. If yes, wit{ an existing solid waste facility be used? ~ Yes ~No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ~No Page 6 of 21 • r 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 disposall tonslmonth. b. If yes, what is the anticipated site life? years. 16. Will project use herbicides or pesticides? Yes 1®^No 1 9. Will project routinely produce odors (more than one hour per dayl? ~Yes~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? ~ Yes No If yes, indicate typelsl 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 fundiny? ~ Yes ~ No If yes, explain: ' Paye 7 of 21 + ~ • 26. 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 Departmert Yes ~ No /~AI , ~u// L'~S Other Local Agencies Yes ®No Other Regional Agencies Yes ®No SI~IZ ~ C L _ State Agencies Yes © No i Federal Agencies Yes ~No C. Zoning and Planning Informatiat 1. Does proposed action involve a planniny or zoning decision? Yes ~ 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 classificationls) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 3 tio-~ 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 3 t-o 6. Is the proposed action consistent with tho recommended uses in adopted local land use plans? ~/es ®No i _ % 7. What are the predominant land usels) and zoning classifications within a'/. mile radius oJ~proposed actionl 2cs%a~~;~~ s A~/~c~r/~re~/ i 8. Is the proposed action compatible with adjoining/surrounding land uses with a Y. mile? L~9 "s ®No g, If the proposed action is the subdivision of land, how many lots are proposedl ss11 ' a, What is the minimum lot size proposedl i-_ ~L,~~______ _ Page 9 of 21 i . ~ r, 10. Will proposed action require an~ thorizationls) for the formation of sewer or wa• istricts? ®Yes to 1 1. 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 pro{ected demand? ~ Yes ~ No 1 2. Will the proposed action result in the generation of traffic significantly above present levels? ®~~Y~~es No a. If yes, is the existing road network adequate to handle the additional traffic. Yes ~No D. Informational Details i~ Attach any additional information as may be~i eeded to clarify your project. If there are or may be any adverse impacts associated wifh your proposal, piease discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification ~ " I certify that the information provided above is true to the best of my knowledge. ; i Applicant/Sponsor Name PciE' ~ ~"D.~ Date Signature ~ f •i 1~r2~ j~~:~.,C> Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 ' • ~ MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 o~~pf SOUTy~ southola, NY us71 JERILYN B. WOODHOUSE Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGED. SOLOMON ~ ~0 (cor. Main Rd. & Youngs AveJ JOSEPH L. TOWNSEND ~l~'COU'M'~~ Southold, NY 1111 Telephone: 631 766-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: January 15, 2009 Re: Checks The referenced application(s) has/have been approved by the Planning Board and the check(s) may now be processed to revenue. Thank you. Project Name & Type Tax Mnp # Amount Check Dnte Onufrak Subdivision 114-5-1 $500 1/6/09 LR . MAILING ADDRESS: PLANNING BOARD MEMBERS pF SO(/j P.O. Box 1179 JERILYN B. WOODHOUSE O~~ y0/_ Southold, NY 11971 Chair ~ o OFFICE LOCATION: KENNETH L. EDWARD5 ~ ~ Town Hall Annex MARTIN H. SIDOR ~ Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave. ) JOSEPH L. TOWNSEND ~IyCOU~'~ Southold, NY Telephone: 631 765-193 S Faz: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: January 6, 2009 Re: Payment Please deposit the attached check into a deferred account. Fee is for a standard subdivision application not yet accepted by the Planning Board. Applicant/Project Nnme & Tax Mnp # Amount Check Date/No. T Authorization Code Onufrak Standard Subdivision 114-5-1 $500.00 1/6/09 - #1103 su-wWZU 1 A p~T~6:6NUF~AiF Iro-~rAwos ao: oAre f ~~d EAST f~1ARION, NV 11J,19-1276 _ PAY YO'fMC r~Y,x/>Y7G7/r~ i xV .SJ~V -l ORDEROP J LR ; ~j ~fyvtSr-4o• ~,Y')r~/fd.rJ ~ ~ii~ioo - rjotcARS ~ Enc. ~ ~ 14~~~ ~ .~~r~~ k Bank„ e MEM~~~N~~~p` ~~1, AP s02>,407gL21ti~~'t3226o~Q1a5~OH~On¦ iii Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/24/07 Receipt: 1041 Transaction(s): Reference Subtotal 1 1 Application Fees 114-5-1 $1,000.00 Check: 1041 Total Paid: $1,000.00 1 ,a ' fl' ~ I ~ i Name: Onufrak, Peter C 170 Manor Road East Marion, NY 11939 Clerk ID: LYNDAB Internal ID: 1ta-5-t MAILING ADDRESS: PLANNING BOARD MEMBERS OF SQU P.O. Box 1179 JERILYN B. WOODHOUSE O~a TyOI Southold, NY 11971 Chair h ~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON '~O ~ (tor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND liyCOU,M Southold, NY IV 1, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: October 23, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Nnme ~ Type Tax Map Amount Date of ~ Check Walker/Dzenkowski Lot Ln 21-3-26&27 $500 app fee 7/20/07 A uaview Park Tall Pines at Paradise Pt. s1-z-5 $500. final plat 8/24/07 Standard Subdivision app. fee Rand Lot Line thane 14-2-11.z etc $500. npp fee 8/31/07 Goss/U son lot line ch 3-6-z, etc. $500. app fee 9/7/07 $1,000 prelim 10/19/07 Onufrak Std. Subdiv. 114-5-1 lat app fee Town Of Southold • P.O Box 1179 , ~It Southold, NY 11971 * * * RECEIPT * * * Date: 09118/07 Receipt: 1033 Transaction~s~: Reference Subtotal 1 1 Application Fees 114-5-1 $1,750.00 Check: 1033 Total Paid: $1,750.00 ' Name: Onufrak, Peter C 1500 Mary's Road Mattituck, NY 11952 Clerk ID: LINDAC Internal ID: 114-5-1 MAILING ADDRESS: PLANNING BOARD MEMBERS ``OF S~UT P.O. Box 1179 JERILYN B. WOODHOUSE O~P y0l Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~liyCOU,M'N~ Southold, NY I11 ` Telephone: 831 785-1938 Fax: 631 785-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: September 18, 2007 Re: Check s Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Pro'ect Name Pro'ect T e SCTM # Amount Check # Onufrak, Peter Stand. Sub. 114-5-1 $1,750.00 1033 Sketch A I. Fee ~-791214 10 3 3 PETER C. ONUFRAK azzsosssoo 170 MANOR RD. 9~~ EAST MARION, NY 11939-1276 / DAl'E a FAY TO THE /O ~N U~ ~O6'/r!'~'/O ~ ~D. / ~~(7.~.. ORDER OF n/ vvf' ..-rd SifriG,,, s.o 4o/%H~ I.~Aas~ ~ ~ ~°~~~~0~ North Fork Bank //~f/ 05/~ www.no thforkbank.com S~G~ ,/S 4079i2~.ii'3226"06550"~Oii' X033 1 - MAILING ADDRESS: PLANNING BOARD MEMBERS ~OF SU(/ly P.O. Box 1179 JERILYN B. WOODHOUSE ~0~ Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS G a~ Town Hall Annex MARTIN H. SIDOA ~ A~~O 54375 State Route 25 OSEPH LDTOWNSEND ly~'oU'~y (cor. MaSoRd. aYlo`u~ngs Ave.) IY,1 Telephone: 831 785-1938 Fax: 631 785-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: August 21, 2007 Re: Checks Enclosed herewith is/are the check(s) listed. Please return a receipt to us. Thank you. Project Name & Type Tnx Map Amount Date of # Check Onufrok Subdivision 114-5-1 $1,750 app fee 11/9/06 r Jacob FLP 125-1-5.1 $500 app fee 7/20/07 LR encs. _ J PETER C oNUFRAK 1235 TRAgE A ONUFRAK saenanzta 170 MANOR ROAD EAST MARION, N'Y 11839-1278 / ^/D~ DATE H5.8_ ~ ,yw~ ORDER OFE /O~n•~v m `I' / ~~D ~ THoV EVEN d(A"~ ~~~00 a'~". k. k g P 6~ Q -0 I 4 i,.. SUFFOLK FEDERAL , CREDIT UNION _ JW I NMebIrcYPOtl Pip. 49WSYatt411'~!6] "y ~~n"~J 1/ FORS VA ~ ~ /~L W U FK1fl K, _ ~ I:22i48ii8ll:ii4100i2i82700~~•i 35 xA Mx V / ~T ~ i ~ Gar ~ ' N ~ ~ .y. u; a, ~ 1 ~ ~ y, 'y c~ h ` ~ \ ~ E ~ / ~ ~ 6`~~ 13 I ~ '1 3i1• - _ ~ _~--r"'~.,. ~ Ttn c \ d' ~ ~ ~ o i - - - ~ ~ w Pg N ~ ~d c/assi~ico-~~Dn_./- ~ _ _ ~ o r-~ /one ~ ~ No Hag 1 ci°'' j nss ~ ~ ~i ~ _ ~ 1 ! I1/ ~ ~ hya t ~ ~ P \ G _ ~ i ~ ~ sa ~ ~ 1 ~ ~ ~ a'~~ 1 h ~ ~ hhe ~ m ~ ~ deb ~ ~a ~ 3 , 0 0 ".'ter ~ h 1 ~ ro1m.'/ \~9aoP0 h 1 ~ ' X669• ~~QQ 1 ~ f - ~ ~ ~d i ~ hya h~ ti hye ~ ~~o MAP OF PROPERTY A T MA T TI TUCK T~,t/~lN OF SOUTHOLD „~w~.~ AREA = 7.0415 acres ~ UFFOLK COUNTY, N. Y. ° 1000-115-05-01 ~ ~r r ~i~ ZONING DISTRICT - R80 I ! { J- ~ SCALE : Y~=1~~~ - , 2,,J5 NOV.2, 20 ~~pF tdEp4' y\ FLOOD ZONE = AEfe% Il) 8 ZONE X ' ~ !'i ! i ~P me UTILITIES -ELECTRIC ~ , r~~, ` - CABLEVISION I L--. - GAS II_.-- _ ~ 'o\ e¢``*`~'`°~~ - PUBLIC WATER j ` E ! N 96/8 SOIL TYPE FROM SOIL SURVEY OF ~~~a,„..M.~..,~.d,- U SUFFOLK COUNTY, N. Y. -HAVENIHaAI lHaB1 'P CON/C SU i8~~ PLYMOUTH (P/B1 RIVERHEAD IRdB! 8 TIDAL MARSHlTm1 (631) 765 - 50 - 1797 P. 0. BOX 909 1230 TRAVELER S y~ -WETLANDS SOUTHOLD, N. Y. 11971 • LASER FICHE FORM SUBDIVISIONS Proiect Type: Standard Status: Final Approval SCTM # : 1000 - 114.-5-1 Proiect Name: Onufrak, Peter Location The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. Hamlet: .Mattituck Applicant Name: Peter P. Onufrak Owner Name: Peter P. Onufrak Zone 1: R-80 Approval Date: 12/14/2009 PLAT Signed Date: l~~j/~~ ~g OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: CandR's: Homeowners Association R and M Agreement: Address: 1500 Mary's Road. Mattituck County Filing Date: SCANNED DEC 1 7 2009 SCAN Date: Records Management AREA A' LOT l = BO,OOI sq.ll. ~-'to' LOT 2 = 5.204/0 Acres or 226,727 sq.ll• lac n lac n laa TOWN OF TOTAL AREA = 20415 Aeros ~ -I'~^' SOUTHOLD WETLANDS = 0.3588 Acret a e ST L P r m.• 6.6828 Arros e•r m °1 ~i d 6.6828 Acres 60X = 4.0096 Acres OPEN SPACE n. la aW ~ "Arco E 5.204!0 Acres - 9.0096 Acres = 1.1945 ACRES CROSSECTION SEPTIC SYSTEM ~ - R. ~ ~ ~ ~ awe//in9 ~ V Q C Q- q 7 ~ <<~,~' YaN We/120oi A,yS - I / COUNTY OF °"'n'es arol SUFFOLK I -r-~ I _ -O N 64%707-E _-v~ _i/ I > f ~ M1 440.07 HSE n. ro rro 3/7,73' ~ \ \ ~ ~ - _222.'2'_ rn laW w LOT I ~ \ 2 u' ~ W KEY MAP ~ ~ _ 80,000 sq.ll. ~ y ~ e ~ IT / uv SCALE, Y'.l00' ~ ~ ~ Ms la y EL. _ ~ ~ 2 a ~ MI ~ ~ 2 Q avow Ira .s b~T b b -(i+ O / U v n' / ti t\ ROAD umr rW dwelhh9 Uj A ~ N m~ ~.r<t .,e .u< < ~ lPw6/ic wader/ ~ I o ~ 1 'e ~ P p ~ o ~ ~ ~ P, TYPICAL PLOT PLAN J~ N. 647707' E. 317.73' ~ ZGIJE \ f m 4(B/ II) . ~ ~ ~ p weu ~ 20B.P3'~_ - 109.40'_ ra ~ \ ~~f ~ ~ eta Orve orc _ O Uwollrn9 ~ __u__ _ ~ ~ ~ ~I ~.L0.~ ' c.F 1.1944 An"s' ~ ~ ~ LOT 2 - --~',~e \ \ \ ~ yy c. o. . N \ °o G2oti \ \ : O ~ bw/''v' w / v N ~ ZGN~JC \~d \~I y _ ~ D o ~ / ~ awe lllnG Z ~ II OQ !p' \ ~ ~1 ' I' g~ OPEN ~~SPACE rK~ I well o I ~ \ I iP' wox / Io . W I ea O E D \ ~ \ _ ~ / 'Ise , i yQ~ rxu va.can~ S, 64MTCT'W. POB~ IAG t~Nr t~'-~ m i I E F Msoir - I fq7 ~ _ ; 33' (~nn r'~ r• - '~yp°' •j390n' OPO ?5 ~,,-rl''" for the property ° ccwbN,$y l~ - , E.9SB' R DY c Of ( p~Aa~„,~+~, -a•y6 M~~~ ~eI~S PETER & GLOR/A ONUFRAK AT MA_TTITUCK I \I HEREBY CERTIFY THAT THE WATER SUPPLY(Sl AND/OR SEWAGE DISPOSAL TOWN Ol- SOUTHOLD ' ~SYSTEMlSI FOR THIS PROJECT WERE D..SIGNED BY ME OR UNDER MY DIRECTION SUFFOLK COUNTY, N Y. ' BASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, S/TE AND GROUND WATER CONDITIONS, ALL LOT: AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION ,1000-III-OS-~~ AREA = 7.0415 ACRES STANDARDS IN EFFECT AS OF THIS DATE. SCALEc~rr= 1OOr JUNE 29, 2006 ' OCT. 25 , 2006(2 LOTS! MAY 21, 2007lLOC. OF WETLAND FLAGS! I HEREBY CERTIFY THAT THIS SUBDIVI.`.JON PLAT WAS MADE FRUM SEPT. 6, 2007 (TEST HOLE) OCT 5, 2007 lrevlalonl ACTUAL SURVEYS COMPLETED 6/29/oA' THAT ALL MONUMENTS I TESTfADLE SHOWN THUS M ACTUALLY EXIST ANG THEIR POSITIONS ARE CORRECTLY B/~Y07 SHOWN AND ALL DIMENSIONAL AND GEftOET/C DETAILS ARE CORRECT. APPROVED PRELiN7. PLAT FL 7 wWr reafRa"rorLwW a ~ CLEARING OF LOT1SHALL..fiE,.LIMATFJ,-rF,O~~~^~©F;~O~T - OLIN L ME ER, N.Y.S. L.S. L/C. N0. 49618 "'H. re-r... ~ 4 r"te amwi a.rr svn al ~ :~uc~~Rp~^,~ r"Ir feol,rl nerocwees eAran THIS AS TO CERTIFY THAT THE SUBDIV. titnN PLAT HAS BEF_N nC~f ~ ~ ~ ~ ~ )~f - sy V APPROVED BY THE PLANNING BOARD 0% THE TOWN OF _ I SOUTHOLD BY RESOLUTION OF APPfi'01/AL DATED AREA OF WETLA o~ = O 6'086 rtes ¢ ~ UCT 7 9 POOH ~ WArzWNrAte e+onl PlF. mtroAeR H/O ° - BY UPLAND = 6.4329 acres ' CHA/RbbW PLANING BOARD Southold Town ~ ; ' ` Plannm ~aartl y! BYAl4DOMALOQE - TER ONUFRAK w....q,,,.r-.,.-~~..~...,..-.....•,.W.,..« .............~-..Iu- OPEER I _ GLORIA GRECO ONUFRAK ' 1500 MARY'S RD. MATTITUCK ,N. Y. 11952 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES AFfPRDVEDPRELEPoi. PL,Qq' HAUPPAUGE, N.Y. OF SECTION 709 OFATNE NEW YORK STA~V ED IUCAT/ON LAW. N DATE / o~// ~ /~J~ EXCEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY /F SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. TN/S /S TO CERTIFY THAT THE PROPC+ED REALTY SCIBOIV/SION OR EOF NE6V YO DEVELOPMENT FOR IN THE 5 ~ MEr20 W/TN A TOTAL OF_ LOTS WAS APPROVED O ON THE ABOVE GATE. WATER SUPPl.lil5 AND SEWAGE DISPOSAL FACIL/T/ES MUST CONFORM TO CONSTRUCTION STAA9ARAS M EFFECT V v -WETLANDS FLAG BY NYS DEC AT THE TN"E' OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMYTS PURSUANT TO THOSE STANDARDS TENS APPROVAL SHALL BE Ft~o zo.wcs Fa=M //A"'~ VALNJ ONLY F THE RfALTY SUBDIVISION /DEVELOPMENT MAP lS G° 02 3 ~ l.~jcoas/ G `~'?°`I"~98 DULY FKEO WITH TFE COUNTY CLERK W,ITHW ONE YfAR OF TMS DATE. FLS, No~ 49F 9 C. NO. 49618 CONSENT lS IIFlfEBY pVEN FOR 711E ! ilIYG OF TM5 MAP ON WMCH ED The 1oc41ions of wells and cesspools THYS EMIORSEMENT APPEARS NJ TNf ~!FFICE OF THE COUNTY CLERIf M PECON/C SUR r P•C. shown hereon are /tom lield observallons ACCORDANCE WITH PROVLSRJNS OF T1N`PUBLIC HEALTH LAW AND ThE !63/1 765 - 5020 FAX (6311 765 - 1797 and or /tom data obfafned lrom others, SUFFOLK COUNTY SANITARY CODE. P. 0. BOX 909 CONTOUR LINES AND ELEVATIONS FROM THE 1230 TRAVELER STREET FIVE EASTERN TOWNS TOPOGRAPMC MAPS VITO A. MINE! , P.E SOUTHOLD, NY. 11971 DIRECTOR , D/VIS/ON OF ENVIRONMENTAL QUALITY ' OfJ~170 N~ / AREA ~ / LOT l ~ 80,00/ sq./L a-rco \ LOT 2 = 5.20410 Aeres or 226,727 sq.ll. \ lae _ ¢ roe tE laa TOWN OF TOTAL AREA = T.04l5 Acres .rw SouTNOLO WETLANRS • 0.3588 Acres c a oz- ST - L,P m ~ 6.6$2$ Acna it u N 6T U i a'W aE YATEr 6L6B2B Acres • 60AG = 4.0096 Acres OPEN SPACE nia j 5.204/0 Acres - 4.oos6 Acres =1./945 ACRES CROSSECTION SEPTIC SYSTEM ~ ctwe//ny IpN V Q-C Q-/7 7~ we/~ We1120n'r rNp 5 / COUNTY OF auwsE NTO+ SUFFOLK ~ -vT si - _v- _ n ~ N 64'1 TOT f ~'~-v`,~ x e~ 340.05' HSE HSE n / \ ' b 317, 73' ~ ~ ~ ~ - -222.32', / \ rM \ N ra YN V u LOT ! ~ ~y ~ ~ ~ urtx ~ 8 ~ KEY MAP / 80,000 aq./l. ~ ~ ~ gRb1£ ~ co ~ j1 ra• _ N \ Ki ~ i of - SCALE: Y4B00' a ~ ~ ?;L ~ / _ ; dr v! ~e Z 4 Lc:,aw wars _ v ro dx•elbh9 ~ ~ 3.0~ ~ / b L" ~z/~e ye ~ ~ ~ _ ROAD _ pmr ww (P?b/icwa/er/ U, EG-Y.;1 ( ~ m L' ~ t p ~ o ~ ~ n o o g ~ ~ ` m - spa, P ~ TYPICAL PLOT PLAN ~ Nm ENVELU°E n ~o` T~ ry; C - 7ESTHALE _ ~(6 ~ Y N. 64'(7'07' E. 317.73' ~ zOfJt , Af ~ / ~l II) ~ q BYAkaDQNALO (iEQ$(~/r(LE wclr ,`gyp ~TH'VZ o 208.73' _ 109.50'_ ra Z ~ ~_n 7C EL 6.7 I .M \ l\ aL9[NroYN L4Wa d bCM ENLELOPE O CCWkll,n k d ~ ~ ~ ~ ~ ~ d \ 910YN SLtt aVQ rm1 r0% aiAVEl S11 c F y , 1. 995 Aca ~ ~ .-IO-- \ ~ \ ~ w 9 /ALE NbYN £TE TO IEMN SAlO g \ ~ \ ~ ~ ~ Mµ ~ N ZoN~?C ~ fi ~ - ~ - o / ~ i u _ \ ` _ rKaesT ervccrzv ra,aw rArEn ~ srv r~ suo Nrowr Err ro sr ~ ~ ~ i, °-m /r OPEN ~~SPACE ru well 0 1 ~ ~v\ ~ \ ~ ~+N m / an p ~ij i'y2, rao to--~ ~W O O V E ~ ;9O 1y IY vacan{ ~ a~ S9'/TL`%'ri. 20923' ~E ppllJG VEEP TIME. _ ~ - ~ r way ~ i~r s 3~.A) G bBl Iy a ~ W STAN!®ARD'SUBDIVlS10N w~°' p ~ R kh d for the property 9O O „ _ - ~sQOe. ~ 5&• y X39 . 6 ROPo r p' S ~ O f ( p„be~W~B,, .-R•ye~ M~pp ,~el~s PETER &a GLORIA ONUFRAK AT MATTITUCK \I HEREBY CERTIFY THAT THE WATER SUPPLYlSJ AND/OR SEWAGE DrSPOSAL TOWN OF SOUTHOLD - r5YSTEM(Sl FOR THIS PROJECT WERE DESIGNED 8Y ME OR UNDER At / OIRECT)ON SUFFOLK COUNT Y, N Y. BASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SuIL, SITE AND GROUND WATER CONDITIONS, ALL LOTS AS PROPOSED, CGNFUHiu TO THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONS'TRUC'TION .Z'ODD-174-O5-Of - ~~A c ~ OL/ r,~j ACRE~y STANDARDS 1N EFFECT AS OF THIS DATE. SCALE ~Yr= X007 ' JUNE 291 2006 _ JOSEPH FISCHETTI , P.E OCT. 25 2006!2 LOTSI MAY 21, 2007lLOC. OF WETLAND FLAGSI I HEREBY CEk'TIFY THAT THIS SU l9I'hll•'lk~ WAS MADE FROM SEPT. 6, 2007 !TEST HOLEI ACTUAL SURVEYS COMPLETED MONUMENTS OCT. 5, 2007 lrevlslonl '1101.E~F1 SHOWN THUS M ACTUALLY EXl S'I DNS ARE COHHEO'TL y DEC. $ 2007 fYEST HOLE Y2l Y07 SHOWN AND ALL DIMENSIONAL N UB IC ll~S IL aRE CORRECT. EL 7 ~ ,.~;y ~aN~a;~, x OAKK eROYPI GAMY L0.W a ~ CLEARING OF LdIT1 SHALL BE LlMI TED TO 35% OF L E..,.: JOY~iN T. ME Ek, . Y.. L..'fai~~ 96 8 FALf 440MN 9.tt SMD m, :~.?s F ZONING DISTRICT RESIDENCEAL RBO rr, n, ~a c /ALE Lwoea riE ro ~ aun sr THIS IS TO CERTIFY THAT THE HAS BEEN - ~ H06aT EWECT® OTd1DYA1E11 APPROVED BY THE PLANNING BOA WN OF SOU THOLD BY RESOLUTION OF APPRSVA'L'"'DATED AREA OF WETLAND = 26,5/0 sq.ll or 4 0.6086 acres YAIE%N PAL.~NVJWr rre MLnANSa aAru BY UPLAND ~ 6.43'29 acres CHAIRMAN PLANING HOARD rz, ~ OWNER PF_TER ONUFRAK GL OR/A GRECO ONUFRAK 1500 MARY'S RD. MATTITUCK ,NY. 11952 SUFFOLK COUNTY DEPARTMENT GF HEALTH SfRI/ICES HAUPPAUGE, NY. "RATION OR ADDITION TO THIS SURVEY lS A VIOLATION DATE )N 7[09 OF THE NEIY YORK STATE EDUCATION LAW. 5 PER SECTION 7209 -SUBDIVISION ALL CERTIFICATIONS RE VALID FOR THIS MAP dND COPIES THEREOF ONLY IF , OR COPIES BEAk THE IMPRESSED SEAL OF THE SURVEYOR NATURE APPEARS HEREON. TNlS lS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT FOfl PEYER a GL OA/A ONUFRAK IN THE row! rr sounral~ WlTN A TOTAL OF 2 LOTS WAS APPROVED ON THE ABOVE DATE, WATER SUPPLIES AND SEWAGE DISPOSAL FACILl71ES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT , aNOS FLAG BY NYS. OEC AT THE TIME OF CONSTRUCT /ON AND ARE SUBacCT TO SEPARATE PERMITS PURSUANT TO 7HOSf STANDARDS. THIS APPROVAL SHALL BE 1Nf5 FROM FIRM VALID ONLY IF THE REALTY SUBINV(SION /OEVfLOPMEN7 MAP !S W G 5/04/98 DULY FILED WITH THE COUNTY CLER,'( WITHIN ONE YEAR OF THIS DATE. NY.S. LIC. NO. CONSENT lS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH !)ions o/ we//s and cesspools THIS ENDORSEMENT APPEARS W THE OFFICE OF THE COUNTY CLERK W neon are /ram !field observollans ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW ANO THE PECONIC SURVEYORS, P.C. om dolo OblOlned lrOm others. SUFFOLK COUNTY SANITARY CODE. !6311 765 - 5020 FAX !63/1 765 - P. O. BOX 909 1230 TRAVELER STREET _ L/NES AND ELEVATIONS FitOM THE VITO A. MINEI , P.E, sOUTHOLD, N Y. 1197/ 'ERN 7UIYN5 TOPOGRAPHIG'MaPS DIRECTOR , DIVISION OF ENViHONMENTAL DUALITY ' 06-1~ rowN of sourrwLo f % I ~ ~ ~ Mori FND ~5 ,tvcuven= Y ~ nF atirurr arov -~~~~/K ~ I _ _ N 64'lTOT f -~v6' KEY MAP ~ MoN s ~ - - - _ 8 540.05' FND ~ . \ SCALE. Y'vCLM' \ e~.y~~\ -222.32'._ 2 V \ \ ~ ~n`Z~ w ~ s ~ • o ~ s Lor ~ ~ ~ ~ ~ N ~ S ~ b U //N ~i 1 'l, /Vf~ y~ y- b Q e WOODED / u o ~ _t~ ~ N ~ _ " AREA = 80,001 SL2 FT. I ~ ~ iz yL ~ m O ~ ~+a~ ~ ~ ~ C 1 \ . T ' sLOG ENVELGPH ~ ~ O r~ \ O ~ , 0 G\ ENO U \ I\ \ ~ ~ ~ - N 64'1 TOT E o 3/7,73' ~ l WETLANDS ~ ,`\~I _ _ _ ,,BLDG ENVELOPE ~ _ O ~ ~ LOT s ~ ~ - - 0 / - I 0 ,w - -MAP OF MINOR SUBDIVISION ».r _ _ 7~3 3 . re , a ~-a , ~ AREA - 226,727 S(]FT_ ~ . ~ = PATER & GL ORIA ONUFRAK :j ~ ,rte N 8 , OR ~)6B7? ACRES UPLA . ' ~ t A T MA T TI TUCK ~ I' I ~ ~ ~sTK ~ TOWN OF SOUTHOLD I ~ ~ • ' I ~v SUFFOLKCOUNTY, NY. h \ ~ I ~ 1000-114-05-01 AYIUIT a1MY ~ ~ ~ / \ °~j I ~ 0 ~ / % o. \ 6~ JUNE 29, 2006 1 s0' E \ ~ _ / ~ OCT. 25 , 2006(2 LOTSI .0~0 - _ _ ~ i MAY 2/, 2007fLOC. OF WETLAND FLAGSI aa- U 0~ / tU2 . - ~ ~ ~ / ' J g90 GO ENt I,~NE l HERE'BY' CERTIFY THAT THE WATER SUPPL Yf51 AND/OR SEWAGE DISPOSAL \ / N G EpsE~ Y SYSTEidfS'1 FOR THIS PROJECT WEAf DESIGNED BY ME OR UNDER MY DIRECTION 1 BASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND I p k ~ % GROUND WATER ~CONDlT10NS, ALL LOTS AS PROPOSED, CONFORM TO THE i ~ E + SUFFOLK COUNTY DF_PARTMFNT OF HEALTH SERVICES CONSTRUCTION ~ ~ G I~ STANDARDS /N EFFECT AS OF TNIS DATE. - - ~ `~F•s~ 03. ~N s3e~ GR.q.B o ~ p 7~ ~ . N~ ~ ~ D ~ -~1 I pr'9~" ~ ~p,D ~ aa~-o~zrLaNO = s,sio sq.,i Z ~ y ~S°ss. r j3q.e E a _ / G +s - 's'.%, ~ 58~ ~A ~ ~ J Lam' ~ ~ ~ UPLAND t 6.432~9~res ~ ~ ~ ~ ' ~3 ,869. _._--°.I~~!.,_.__-_ ~ 2 G S~ C) ~ ~ / - <PSE - 7.0415 Ac~RES ~ G~ ~ " v I HEREBY CERTIFY THAT THl .IYA.S-MA FROM ~ 0 ACTUAL SURVEYS COMPLET D / MO La~t1ENTS SUFFOLK COUNTY OEPARTMFP T OF HEALTH SERVICES GYn SHOWN THUS A ACTUALLY CXYI ~S NS ARE CORRECTLY HAUPPAUGE, NY ~ SHOWN AND ALL DIMENSION L ND D L S ARE CORRECT. DATE 7 /7 JOFIN L ME Z R, 961E - ~ / tD ~c'" TlllS lS TO CERTIFY TRAT THE PROI'9SE0 REALTY SURD(V/SION OR / / 1 ~l THIS IS TO CERTIFY THAT THE S LAT HAS BEEN DEVELOPMENT FOR !N THE y ~ J APPROVED BY THE PLANNG4G BOARD OF THE TOWN OF SOUTHOLD WITH A TO f, ~~L OF_ LOTS WAS APPROVED r BY RESOLUTIOIV OF APPROVAL DATED Oll THE ABOVE GATE. WATER Sl,!r'; ~:IqS ANO S;FWAGf OISPD.SAL FACILITIES MUST CONFORM TD CUN^r'RUCTIUN SrANDAROS IN EFFECT l ~7 C/ ~l AT THE TIME OF CDNSTIiLIC.TlUN A~4f' ARE. SUBecCT TO S[PARA L- C , Y° Z / BY PERMITS PURSUANT TO THOSE S'^.. .7A/IDS. TNIS' APPROVAI. SWILL BE CHAIRMAN Pf ANNING BOARD VALID ONLY lF THE REALTY SUGD;V.l710N /Uc'VELO!'MENT MAP IS JULY flLEp WITH THE COUNTY CL....i IVITHIN ONF +EAR DF THIS DATE. NY. S. LIC. N0. 496/8 CONSENT IS HFIiLBY GIVEN F6R THl, 1'll-ING OF TNIS MAP ON WH1CN THIS ENDORSEMENT APPF_AHS IN TI!'- OF/7CE OF THE COUNTY Clf"Rk~IN PECONIC SURVEYORS P.C. ACCORDANCE WITH PROVl51ONS OF ~ ++.5' PUdLiC REALTH LAW AND TN. ~ SL+FFOLK COUNTY SANITARY COOL L631 ~ 7G5 - 5020 FAX 163/1 765 - / 797 ' P. BUX 909 1230 TRAVEL ER STREET _ viro n. I.nNEI , P.E. SOUTHOLD, N. Y. 1197/ DINFCTOfi' ~ DIVISION i !-NV;n'ONNFrITAI. QUALITY 06-170