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HomeMy WebLinkAboutLL 2010 #03DAVID A. PATERSON ' GOVERNOR STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA 99 WASHINGTON AVENUE 2010 LORRAINE A. CORTI~S-VAZQUEZ SECRETARY OF STATE RECEIVED Lynda M Rudder Deputy Town Clerk Town Hall, 53095 Main Street PO Box 1179 Southold NY 11971 JUL 3 0 Z)lO $0uth01d Town Clerk RE: Town of Southold, Local Law 3 & 4, 2010, filed on July 22, 2010 Dear Sir/Madam: , The above referenced material was received and filed by this office as indicated. Additional local law tiling forms can be obtained from our website, vvww.dos.state.ny.us. Sincerely, State Records and Law Bureau (518) 474~2755 rgl~x~ (JSA/rb/// ,;.~,~ 8663 9461 6562 Express Address 530c~5 ROUTE 25 c~SOUTHOLD s~.a NY ziP 11971 Phone( ) 0384625653 4a F-xPress Package Service / Pm:*a~s~= I~1~. · FedEx Priority Overnight edEx S~andard Ovemight FedEx Rrst Overnight FedEx 2Day FedEx Express Saver ~-L 4b Express Freight Service 5 /~"okaging ~ ~ Fa,Ex [] Fe~ExPa~* [] Fa,Ex [] Fed. [] ~er · ~,~v,~,i~ ~ ,omw.~ r~ .OLDS....., · ~ Tml Pm~ Tml','~¢~ T~ m~wmd V,l~ · ~ $ ,00 SOUTHOLD TOWN BOARD PUBLIC HEARING June 1, 2010 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Martin Fiunegan Absent: Councilman Christopher Talbot This hearing was opened at 5:00 PM COUNCILMAN KRUPSKI: NOTICE 1S HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of April, 2010, a Local Law entitled "A Local Law to Amend thc Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold' now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 1st day of June, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to thc Colony Pond Subdivision in Southold ". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map Colony Pond Water Map Amendment 2 June 1, 2010 to include the extension of a water transmission main to the Colony Pond Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. Colony Pond Inc. and Suffolk County Department of Health Services have represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concern that requires the extension of public water to the area. The extension of the transmission main is intended to supply the development approved in the Colony Pond Subdivision and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommendations of the Suffolk County Department of Health Services, the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Colony Pond Subdivision. Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section $. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law Alright, this has been noted and legally noticed in the Suffolk Times for one week on the 20th day of May. We have a letter from the Chairman of the Planning Board, "Dear Supervisor and member of the Town Board, The Southold Town Planning Board has received and reviewed a petition submitted by Mr. Charles Cuddy on January 22, 2010 to the Southold Town Board, on behalf of the above referenced applicant requesting that the Town Board consider amending the Town of Southold water supply plan map to the Colony Pond subdivision. The above referenced project is a proposal for a standard subdivision where a 13 ½ acre parcel will be subdivided into five lots. This project is proposing to create five lots in the RS0 zoning district with the following specifications: Colony Pond Water Map Amendment June 1, 2010 lot one is 35,000 square feet, lot two is 336,000 square feet inclusive of a 41,000 square foot building envelope and an almost 300,000 square foot subdivision open space and lot three is 30,000 plus square feet, lot four is 30,000 plus square feet, lot five equals 29,000 plus square feet in the R80 zoning district. After careful review and consideration of the petition, the Planning Board respectfully request the Town Board consider the following comments: Wells on the above referenced property were tested by the Suffolk County Department of Health Services in 2007. The results from the 2007 sampling and testing stated that the water was not within test well or drinking water standards. Wells tested on proposed lot two and proposed lot four yielded high level of manganese. Manganese is treatable at certain levels, however, in this instance, lot two levels are treatable and lot four levels are not. Aside from the high level of manganese found in the two test wells cited above, the overriding problem is that the test well results conducted in 2007 by the Suffolk County Department of Health Services have since expired and cannot be used to base decisions due to their age. Test results are only valid for a period of one year. Southold Town planning staff confirmed Suffolk County Department of Health will retest the wells free of charge once at the applicants request, however, a fee will be required for the well company to purge the wells prior to sampling. Based upon the foregoing information of the Southold Town planning board, we request that the Southold Town Board require a retesting of the wells and reserve the decision on the extension of the water main until a new set of water quality test results are submitted. If you have any questions or comments, please do not hesitate to contact the Planning Board or Planning Department." We have a letter May 27, 2010 from the Department of Planning in Suffolk County fi.om Thomas Isles and Andrew Freling, "Pursuant to the requirements of section A14-14 through A14-25 of the Suffolk County Administrative code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter of local determination as there is no apparent significant countywide or intercommunity impacts. A decision of local determination should not be construed as either an approval or disapproval." And I think that is all we need to have read. I don't know if there is any other correspondence I should read. Okay. SUPERVISOR RUSSELL: I would certainly invite....Mr. Cuddy? CHARLES CUDDY: Good afternoon, on behalf of the applicant I would just point out and go through a couple of things that I think have been said but maybe summarize them. That this is a 13 acre parcel approximately 7.5 acres will be left in open space, 4.5 acres are going to be developed. To bring the water to this site is an 854 foot extension from Bayview Road. This is between Albertson and Bayview. Those people on Bayview already have water because their water was also not potable. I have for you and I would like to hand up to you copies of the current lab test from H2M labs, it was done within actually the past two weeks. I also have a letter from the Suffolk County Water Authority indicating that they will extend the water and I also have attached to that the sketch plan approval that was given two years ago to this site for these five lots. And of course, we are waiting now to see if we can get Health Department approval. But I will hand these up now. Colony Pond Water Map Amendment June 1, 2010 4 SUPERVISOR RUSSELL: Mr. Cuddy, I just want to ask one quick question. The issues with the water there, are they filterable issues and it is just merely that the Department of Health merely won't allow you to filter? MR. CUDDY: No. Some of those, that manganese level was too high. There is also, remarkably an MTB which is methyterbutyl, which appears to be some sort of a gasoline derivative. SUPERVISOR RUSSELL: Gasoline additive. MR. CUDDY: And that is on one of these lots. Previously there was something similar to that found in the very first test. The first test was done 2 ½ years ago, this test was done starting on May 14. The analysis was completed just last week and that is why we just got them to you in the last day. But I think the analysis again shows high manganese, some cases it can't be treated, high iron and in one case, the MTB. So those are difficult potable water issues to deal with. And even when you can deal with an iron or manganese run through filters, you are talking about a temporary solution not a permanent solution because those filters have to be changed every few years. I unfortunately have some of those filters, so I know that. I would hope that, you certainly have gone through this and I appreciate the Planning Board's comments. I would hope now that the Planning Board and I will give them copies of these two tests so that they know that they are current, that they are very similar to the other test and I would hope that this Board, based upon that, knowing that we are talking about an 854 foot extension would permit us for these five lots to go ahead. As I said, we did get sketch plan approval and now we are just waiting for the Health Department. And the Health Department has virtually insisted that we extend the public water. So again, I would hope that you can bring yourself to approve this, I think it would be good for that area. We are not talking about developing a lot of lots. SUPERVISOR RUSSELL: Thank you. COUNCILMAN KRUPSKI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this public hearing? (No response) Can I get a motion to recess? TOWN ATTORNEY FINNEGAN: Just for two weeks and for updated comments from the Planning Board and we are waiting for a SEQRA determination and then it should be good to go. JUSTICE EVANS: Can I ask a question about this. Well, I am astounded and maybe not rightly so but that 854 feet is going to cost $73,000 plus to install? MR. CUDDY: Inaudible. It is actually $90 a foot. One time we were at a lower number but each time we write them, they come up with a higher number. The same footage. Colony Pond Water Map Amendment 5 June I, 2010 SUPERVISOR RUSSELL: Okay. Well, we are going to recess the meeting, we have to just have some housekeeping that we have t° get done. MR. CUDDY: I understand. This meeting was recessed at 5:10 PM Southold Town Clerk DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED JL iq 2 ;)010 Soulhold Town C~erk THOMAS A. ISLES, A.I.C. P DIRECTOR OF PLANNING May 27, 2010 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Resolution No.: S.C.P.D. File No.: Town of Southold "Local Law to amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" #2010-330 SD- 10-LP Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas A. Isles, AICP Andrew P. Frel~ Chief Planner APF:ds 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 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 20, 2010 Fed Ex Local Law No. 3 & 4 of 2010 Town of Southold, Suffolk County Ms. Linda Lasch Principal Clerk New York State Department of State State Records & Law Bureau One Commerce Plaza 99 Washington Avenue Albany, NY 12231-001 Dear Ms. Lasch: In accordance with provisions of Section 27 of the Municipal Home Rule Law, I am enclosing herewith certified copy of Local Law No. 3 & 4 of 2010 of the Town of Southold, suitable for filing in your office. I would appreciate if you would send me a receipt indicating the filing of the enclosures in your office. Thank you. Very truly yours, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. rn County ra City [] Town of r~ Village SOUTHOLD Local Law No. 3 of the year 2010. A Local Law entitled, A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold Be it enacted the Town Board of the: [] County Ca City [] Town of [3 Village SOUTHOLD Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. Colony Pond Inc. and Suffolk County Department of Health Services have represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concern that requires the extension of public water to the area. The extension of the transmission main is intended to supply the development approved in the Colony Pond Subdivision and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommendations of the Suffolk County Department of Health Services, the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension ora water transmission main to the Colony Pond Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Colony Pond Subdivision. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev.05/05) Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. 2 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 3 of 20 10 . of the (Cz'xn:y)(C~'~y)(Town) (V:.1'.xg:) of. SOUTHOLD was duly passed by the TOWN BOARD on June 24 ,20 10 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or re-passage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 __., and was (approved)(not approved)(re-passed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20__ of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. 3 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote ora majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript there from and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. (Seal) Cler~of th~ounty legislative body. City. Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk Date: July 16~ 2010 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local law con~orrect text and that all proper proceedings have been had or taken for the enactment of the local law annex~d~/ _ Signatu~....// Martin DYFinnegan, Town Attorney Jennifer Andaloro~ Esq.~ Assistant Town Attorney Title Town of SOUTHOLD Date: July 16~ 2010 Rudder, Lynda From: Sent: To: Subject: ezsupp [ezsupp@generalcode.com] Tuesday, July 20, 2010 10:21 AM Rudder, Lynda RE: Thank you for your e-mail. If you are sending legislation for your next Code supplement, it will be processed in the usual manner. All other messages will be forwarded to the appropriate person, who will respond to your inquiry as soon as possible. If you have any questions, please do not hesitate to call or e- mail your Account Representative. General Code 1'800'836'8834 ezsupp@generalcode.com RESOLUTION 2010-439 ADOPTED DOC ID: 5982 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-439 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold' is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, in accordance with the recommendation of the Planning Board dated June 1, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, and adopts the recommendations of the LWRP Coordinator, Mark Terry, dated June 7, 2010. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell RESOLUTION 2010-478 ADOPTED DOC ID: 6011 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-478 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of April, 2010, a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby CLOSES the public heating on the Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold and be it further RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" reads as follows: LOCAL LAW NO. 3 of 2010 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold ". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. Colony Pond Inc. and Suffblk County Department of Health Services have represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concern that requires the extension of public water to the area. The extension of the transmission main is intended to supply the development approved in the Colony Pond Subdivision and is not intended to result in additional development pressure in the area. Section 2. Enactment. Resolution 2010-478 Board Meeting of June 29, 2010 Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommendations of the Suffolk County Department of Health Services, the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Colony Pond Subdivision. Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Scott Russell SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell ABSENT: Louisa P. Evans Updated: 7/9/2010 3:14 PM by Lynda Rudder Page 2 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan @town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloroCa)town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse(Wt own.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: From: Ms. Elizabeth A. Neville, Town Clerk Lynne Krauza Secretary to the Town Attorney Date: June 24, 2010 Subject: LC/Colony Pond Water Map Amendment/SEQRA Review For your records, I am enclosing the original, fully executed Short Environmental Assessment Form in connection with the referenced matter. We have retained a copy of this document in our file. Also enclosed is a copy of the resolution authorizing Supervisor Russell to execute this document. If you have any questions, please do not hesitate to call me. Thank you for your attention. /Ik Enclosures 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A])plicant or Project Sponsor) 1. APPLICANT/SPONSOR ~2. PROJECT NAME Town of Southold Town Board / Extension of Distribution Public Water Line to 52.-5-60.3 3. PROJECT LOCATION: Municipality TownofSouthold County Sut'folk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) From Bayview Avenue down Colony Road for a distance of 833+, Southold. 5. PROPOSED ACTION IS: [] New [] Expansion [] Modiflcation/aiteration 6, DESCRIBE PROJECT BRIEFLY: 833' Extension of Distribution Public Water Line from Bayview Avenue to serve the Standard Subdivision of Colony Pond SCTM#: 52.-5-60.3 and amendment to the Town of Southold Water Supply Map. 7. AMOUNT OF LAND AFFECTED: Initially 2 acres Ultimately 2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If NO, describe bdefly The proposed extension rcqu res Town Board approval and amendments to the Water Supply 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space .r~ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~Yes []No I CERTIFY THA_T/)THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: Scott,~,,~ssclI, Superv, fi~ Date: 6/1/2010 Signature: _ ~'~lJ(:::~ t~ ~"~,, t If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESS;;F-gT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. I~l Yes ~']No B. ~NILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. r-lYes rTINo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surfaco or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Exptain briefly: See Attached C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefiy: See Attached C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: See Attached C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: See Attached C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefiy: See Attached C6. Long term, short term, cumulative, or other effects not identified in Cl -C52 Explain bdefly: Sec Attached C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: See Attached D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA}? [] Yes [] No ~f Yes, explain bdefiy: E. iS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of Occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which IflAY occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Cbeck this box if you have determined, based on the information and analysis above and any supperting documentafi°n, that the pr°p°sed acti°n WILl NOT result in any significant adverse environmental impacts AND provide, on altachments as necessary, the reasons supporting this determinatior Town of Southold Town Board Name of Lead Agency Scott Russell Print or TypexNa~e of Responsi. J~le~Officar in Lead Agency Signature of Responsible Officer in Lead A~ency 6/1/2010 Date e~ture of risible officer) RESOLUTION 2010-439 ADOPTED DOC ID: 5982 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-439 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, in accordance with the recommendation of the Planning Board dated June 1, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, and adopts the recommendations of the LWRP Coordinator, Mark Terry, dated June 7, 2010. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell , MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD Date: Subject: RECEIVED MEMORANDUM To: Ms. Sandi Berliner JUJ~ ) 3 2010 From: Lynne Krauza Secretary to the Town Attorney So~ho~J Town Cie~k June 22, 2010 LUAmendment to Water Map (Colony Pond) - SEQRA I am enclosing an original Short Environmental Assessment Form in connection with the referenced matter. A resolution authorizing Scoff to sign this document is also attached hereto. In this regard, kindly have Scott sign this form in both places where indicated and return to me for processing. Thank you for your attention. If you have any questions, please do not hesitate to call me. Enclosures cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~)pIIcant or Project Sponsor) 1. APPLICANT/SPONSOR ]2. PROJECT NAME Town of Southold Town Board / Extension of Distribution Public Water Line to 52.~5-60.3 3. PROJECT LODATION: Municipality Town of Southold Dountv Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) From Bayview Avenue down Colony Road for a distance of 833+, Southold. 5. PROPOSED ACTION IS: [] New [] Expansioll [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 833' Extension of Distribution Public Water Line from Bayview Avenue to serve the Standard Subdivision of Colony Pond SCTM#: 52.-5-60.3 and amendment to theTown of Soutbold Water SupplyMap. 7. AMOUNT OF LAND AFFECTED: Initially 2 acres Ultimately 2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly The proposed extens on requ res Town Board approval and amendments to the Water Supply 9. WHAT ~S PRESENT LAND USE IN VICINITY OF PROJECT? Describe:Residential [] Industrial [] Commercial [] Agriculture [] Park/Forect/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes. list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: Scott Russell, Supervisor Date: 6/I/20]0 Signature: if the action is in the Coastal Area, and you are a state agency, complete the ] Coastal Assessment Form before proceeding with this a_a_aessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. r--~ Yes [~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. r~Yes [~No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwdttsn, if legible) C1. Existing air quality, surface or gmundwatsr quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: See Attached C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: See Attached C3. Vegetation or fauna, fish, shellfish or wildlifo species, significant habitats, or threatanod or endangered species? Explain bdefiy: Sec Attached C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Expiain briefly: Sec Attached C5. Gmwlh, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See Attached C6. Long term, short term, cumulative, or other effects not identified in C1 -C57 Explain briefly: See Attached C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: See Attached D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR iS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irraveraibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanafions contain sufficient detail to show that all ralevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluatffthe potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or more potentiafiy la,ge or significant adverse impacts which MAY occur. Then proceed diracfly to Ihe FULl EAF and/or prepare a positive declaration. ] Check this box if you have determined, based on the information and analysts above and any supporting documentation, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Town of Southold Town Board 6/I/2'010 Name of Lead Agency Date Scott Russell _~ ~f ~ ~'~J 0 ~ 2 RESOLUTION 2010-439 ADOPTED DOC ID: 5982 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-439 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 2010: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action, in accordance with the recommendation of the Planning Board dated June 1, 2010, and authorizes Supervisor Scott A. Russell to sign the short form EAF in accordance therewith, and is consistent with the LWRP pursuant to Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review, and adopts the recommendations of the LWRP Coordinator, Mark Terry, dated June 7, 2010. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell eMAY, 28, 2010z 2:11PM 6~z-ss~-4e44 s o PL, C~'4ZIqG [~,-PT NO. 826 p. 1,GE ~2 DEPARTMENT OF pLANNING COUNTY OF SUFFOLK STEVE LEV~ SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A. LC.P DIEE{~TOR OF PLANNIN~ May 27, 2010 Tom of Southold PO Box 1179 Soudaold, New York 11935 Am Ms. Elizabeth A, Neville, Clerk Applicant: Zoning Action: Kesoiution No.: S.C.P,D, Fil~ No.; Town of Soutold "Local Law to amend the Town of Southold Water Supply Plan M~p to the Colony Pond Subclivi~jon iri Southold' #2010-330 SD-IO'-LP Dear Ms, Neville: Pursuant to da, requirements of Sections A14-14 fram A14-25 of the Suffolk County A~iuis~ve Code, the above referenced application w~ch h~ bean sub~ed m ~e Suffolk Co~W p~i~g Co~ission is consid~ to be a ma~ for loc~ d~afion ~ t[~ete is ~o app~t si~t co~W-~d~ or ~tcr-~ ~pact(s). A dec,ion of locaI d~e~i~fiqn should not be ~n~ as eider ~ a~o~ or disappro~. Ve~'truly yours, Thomas A, Isles, AICP Director a~g A~dre P. Freleng Chief Plarmer APF:ds MAY 2 8 2010 L O CATION MAILINO ADDRESS H, L~ DENNISON BLDG. -~TH FLOOR P.O. BOX S30g (631) B53-5191 100 VETERANS MEMORIAL HIGHWAY MAUPPAUGE, NY 197BB.0053 T~LECOPIER (631) 853.~044 O~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD £ECEIVED MEMORANDUM JUN 1 4 010 To: Supervisor Scott Russell Town of Southold Town Board From: MarkTerry, Principal Planner ~' LWRP Coordinator Date: June 7, 2010 Re: "A Local Law to Amend the Town of Southold Water Supply Plan Map tn the Colony Pond Subdivision in Southold" This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include an 833' extension of a distribution public water main from Bayview Avenue to the proposed Colony Pond subdivision (SCTM# 52.-5-60.3). Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. The Suffolk County Department of Health Services has indicated in a May 19, 2008 letter that the water quality within test wells drilled on-site (lots 2 and 4) does not meet SCDOH standards. The proposed local law 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 below listed LWRP Policy Standards and therefore is CONSISTENT with the LWRP. Policy I Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. The longstanding planning goals of the Town of Southold "reflect the interest in preserving and enhancing the natural and built environment and providing opportunities for a level of growth and expansion of the economic base that is compatible with the existing scale of development, availability of water, existing sensitive environment of the Town and its historic heritage" (Town of Southold Planning Board, 1985, p3). This proposal is for a standard subdivision to subdivide a 13.540-acre parcel into five lots where Lot 1 equals 35,567 sq. ft.; Lot 2 equals 336,916 sq. ft., inclusive of a 41,424 sq. ft. building envelope and 295,492 sq. ft. of subdivision open space; Lot 3 equals 30,471 sq. ft.; Lot 4 equals 30,029 sq. ft.; and Lot 5 equals 29,358 sq. ft. in the R-80 Zoning District. Sixty percent of the parcel will be preserved as open space. The parcel is located between Colony Road and Hashamomuck Pond. The lots are clustered adjacent to Colony Road which locates potential future development (including sanitary systems) with the greatest separation distance possible from Hashamomuck Pond. The lot locations minimize the adverse effects of development on Hashamomuck Pond. Policy 5 Protect and improve water quality and supply in the Town of Southold. The purpose of this policy is to protect the quality and quantity of water in the Town of Southold. Quality considerations include both point source and non-point source pollution management so that existing and potential sources of groundwater contamination are either removed or reduced significantly. The primary quantity consideration is the maintenance of an adequate supply of potable water in the Town to supply the projected demand from residential and agricultural uses. The Town of Southold's Water Supply Management & Watershed Protection Strategy. was endorsed by the Town Board in June of 2000, and its goals and objectives are incorporated by reference into Southold's Local Waterfront Revitalization Program. The Goals and Objectives are listed below: Goals 1) To protect and preserve a healthful drinking water supply sufficient to serve the existing future residents of the Town, while maintaining and enhancing the natural resources and quality of life in the town. 2) To provide public drinking water to existing residents and businesses in need without precipitating uncontrelled growth. 3) To manage future growth to ensure a sustainable drinking water supply from the Southold Township sole source aquifer. 4) To preserve the town's farming blocks in order to protect farming operations, limit the need for additional drinking water in these areas, and provide, through agricultural best management practices, a continual improvement to the groundwater quality in the area. 5) To conserve drinking water supplies by reducing wasteful water use. 6) To integrate land conservation, agricultural activities, and development control to preserve a sustainable balance between water recharge and drinking water use. 7) To constructively protect the Town's sole source aquifer from contamination by inappropriate land use practices, Obiectives 1) Develop land management and zoning strategies: To prevent inappropriate land uses or practices from occurring within designated groundwater protection areas; · To guild development in order to minimize its impact on the groundwater aquifer; · To scale development to a level which respects the limitations of water supply. 2) Develop strategies to mitigate or remove existing threats to designated groundwater protection areas, or mitigate possible deterioration to drinking water quality, especially in private wells. 3) Promote and guild compact, orderly growth into areas where sustainable drinking water supplies exist. 4) Preserve and protect groundwater recharge areas in and around existing and planned drinking water supply well-heads. 5) Accommodate growth and change within the Town which: respects the geographical and geological limitations to the drinking water supply; does not damage the groundwater aquifer; does not, by cumulative impact, destroy the fundamental economic base, environmental character and unique way of life which make up the quality of life in the Township of Southold. The proposed action is not in conflict with the qoals or objectives as stated above. The property is zoned residential 80 (R-80); a total of five lots are proposed. The proposed extension of public water will not increase density over what is permissible in the zonin,q district for the parcel. Correspondin,ql¥ access to potable public water will protect the health and welfare of future residents. Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its wdtten determination regarding the consistency of the proposed action. Cc: Martin Finnegan, Town Attorney Jennifer Andaloro, Assistant Town Attomey PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant June1,2010 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 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: SCTM#: 833' Extension of Distribution Public Water Line from Bayview Avenue to serve the Standard Subdivision of Colony Pond 52.-5-60.3 Location: Colony Road, Southold SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Proposed 833' extension of a distribution public water line from Bayview Avenue to serve the standard subdivision of Colony Pond. Any new development in need of public water would require future amendments to the Water Supply Plan Map, separate review under SEQRA, and approval by the Town Board. 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 5 residential lots will use approximately 1500 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on-site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: SINGLE FAMILY DWELLING: 300 .qpd x 5 dwellin.qs = 1500 Rpd 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. The proposed action is not in material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not conflict with the communities current plans; the action will not result in an increase in density above current density allowed by zoning. Additionally, perpetual preservation of 60 percent of open space will result. 4. 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. 5. No major change in the use of either the quantity or type of energy will occur. 6. No creation of a hazard to human health will occur, conversely, the water quality of the subject parcels is significantly impaired with contaminants and does not meet SCDOH water quality standards (Letter from Susan Reilly SCDOH February 8, 2008). The result of this action will be potable water available to future residents. 7. 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. The result of this action will not increase density greater than that which the parcel is currently zoned for (five residential lots) in the R-80 zoning district. Sixty percent of the parcel will be preserved as open space. 8. 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: Mark Terry, Principal Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Tamara Sadoo, Planner 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Al~pIIcant or Project Sponsor) 1. APPLICANT/SPONSOR [2. PROJECT NAME Town of Southold Town Board / Extension of Distribution Public Water Line to 52.-5-60.3 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) From Bayvicw Avenue down Colony Road for a distance of 833+, Southold. 5. PROPOSED ACTION IS: [] New [] Expansion [] Moditicalion/atiecaflon 6, DESCRIBE PROJECT BRIEFLY: 833' Extension of Distribution Public Water Line from Bayview Avenue to serve the Standard Subdivision of Colony Pond SCTM#: 52.-5-60.3 and amendment to the Town of Southold Water Supply Map. 7. AMOUNT OF LAND AFFECTED: Initially Z acres Ultimately 2 ac~es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly The proposed extension requires.Town Board approval and amendments to thc Water Supply [] Residential [] Indusbial [] Commercial [] Agriculture [] Park/Foresl/Opan Space .r~ Other Describe: 1 o. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~[~J No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L.~ Yes [] No If Yes. Iisi agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Scott Russell, Supervisor Date: 6/1/2010 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. [~] Yes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. F--~ Yes ~]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1: Existing air quality, suEace or groundwater quality or quantity, noise levels, existing traffic pattem, solid waste production or disposal, potential for ems/on, drainage or flooding problems? Explain briefly: See Attached C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: See Attached C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: See Attached C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? E)q~lain briefly: See At*ached C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: See Attached C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: See Attached C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: Sec ^ttachcd D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~ ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect shouk:J be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessa~, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified one or mom potentiafly large or significant adverse impacts which MAY occur. Then proceed directly to the FULl EAF and/or prepare a posriive declaration. [] Check this box if you have determined, based on the informafien and analysis above and any supporting documentation, that the proposed action WiLl NOT result in any significant adverse environmental impacts AND provide, on attachments as necossaw, the reasons supporting this determination Town of Southold Town Board 6/1/2010 Name of Lead Agency Date Scott Russell Print or Type Name of Responsible Officer in Lead Agency Trile of Responsible Officer Signature of Responsible Officar in Lead Agency Sfgnature of Preparer (If different from responsible officer) LARS, INC. ' b-/SBn:~d~Rm:~d, MEMeNY 11747 (631) 69,1~q0,10. FAX: (631)/;~O6~6 NI'~OH E)I~ 10~78 H~RY GOLDEN WA~R ~S~NG 8~ MNN RO~ ~To: F~eml ID ~le~ed By: CUSTOMS[R Co~ : Original CC Parameteffsl Results Ndicarb sulfoxlde < t.0 Aldicarb < 1.0 Total Aldicad) < 1.0 Iron 0.04 Manganese * 0.87 Zinc < 0.02 Copper < 0.02 Lead < 1.00 Total Coliform Negative E Coil Absent Dtchlorodlfluoromethane < 0.5 Chloromethane < 0.5 Vinyl chloride c 0.5 Bmmometbane < 0.5 Chloroethane < 0.5 Tfichiomfluoromethane < 0.5 1,1-Dichloroethene < 0.5 Melhylene chloride < 0.5 trans-l,2-Dlchloroethene < 0.5 1,1-DIchloroethane < 0.5 2,2-Dichloropmpane < 0.5 cis-l,2-Di~lomelhene < 0.5 Bromochlommethane < 0.5 Chloroform < 0.5 1,1,1-Trlchlomethane < 0.5 Carbon letrachlmide < 0.5 1,1.D]chloropropene < 0,5 1,2-Dichlomethane ~< 0.5 Benzene < 0.5 Tflchloroethena < 0.5 1,2,-Dichloropropane < 0.5 Dibromamethane < 0.5 cls-l,3-Dichlompmpene < 0,5 Toluene < 0.5 Irens-1,34:)ichlompmpene < 0.5 LABORATORY RESULT~ For the submitted sample I~b No.: 1005932.002,A cgent Sample ID.: RENCO CONSTRUCTION COLONY RD~8OUTHOLD 9OURCE(WS[LL HEAD-LOT#2) FLOW-t/2HR.WR I~GPM. ( 1000-52-5-60.3/810-06-0004 ) Qualifier Type: Poteb~eWater Origin: RawWell Rou'I~ECEIVED JUN t 2010 ~outhold Tow~ Clerlt DF. Units Limit Method Number Analvzeq I pOlL E531.1 05/19/2010 2;08 PM I pg/L 81531.1 05119/2010 2~08 PM 1 pglL ;=531.1 0511912010 2:08 PM 1 pOlL 7 E531.1 05/1912010 2:08 PM 1 mg/L 0.3 E200.7 05115/2010 7:39 PM 1 mg/L 0.3 E20D.7 06/18/2010 7:39 PM I mo/L 5 E200.7 05/18/2010 7:39 PM I mgfl 1.3 E200.8 05/17/2010 4:25 AM I ug/l 15 E200.8 05/17/2010 4:25 AM 1 N/A Negative M9223 05115/2010 12:15 PM 1 N/A Absent M9223 05115/2010 12:15 PM pg/L 5 E524.2 05/26/2010 2:59 AM pg/L 5 E524.2 05/26/2010 2:59 AM pg/L 2 E524.2 05/26/2010 2:59 AM pg/L 5 E524.2 05/26/20t0 2:59 AM pg/L 5 E524.2 05/26/2010 2:59 AM polL 5 E524.2 05/26/2010 2:59 AM pg/L 5 E524,2 05126/2010 2:59 AM pg/L 5 E524.2 05/28/2010 2:59 AM polL 5 E524.2 05/2612010 2:59 AM pglL 5 E524.2 05/20/2010 2:59 AM pg/L 5 E524.2 05/26/20t0 2:59 AM pg/L 5 E524.2 05/26/2010 2:59 AM pg/L 5 E524.2 05126/2010 2:59 AM p01L 50 E524,2 05/26/2010 2:59 AM poll 5 E524.2 05/26/2010 2:59 AM ~Jg/L 5 E524.2 05/26/2010 2:59 AM poll 5 E524.2 05/26/2010 2:59 AM p01L 5 E524.2 0,5/25/2010 2:59 AM polL 5 E524.2 05/26/2010 2:59 AM p01L 5 E524.2 05/26/20t0 2:59 AM polL 5 E524.2 05/26/20t0 2:59 AM pg/L 5 E524,2 05/26/2010 2:59 AM pg/L 5 E524.2 O5/26/2010 2:59 AM pg/L 5 E524.2 05/26/2010 2:59 AM ~IL 5 E524.2 05/26/2010 2:59 AM Date Repofled: 6/25/2010 Page I of 2 LaboraloPJ Manager .. H2M LARS, INC. 5'P3Bl~dH~o,v ~. ~ NY 11747 (631)E9~3~10. FAX~ ~31) 420~43~ H~RY G~ WA~R ~NG 87M MNN ROAD ~CK, NY 119~ A~To: ~ed~l I~ Co11~ed ~: CUST~ER Cow : Original CC lABORATORY Ri~$~J~T~ For the submitted samp;e '*b No.; 1005932-002,A Cllant Sample tD.: RENCO CONSTRUCTION COLONY RD,80~IHOLD SOURCE(WELL HEAD-LOT#2) FLOW-t/2HR,WR 15GPM. (t O00-~2,.&~ 0.5/$10-0~-0 f104) Type: Potable Waler Origin: Raw Wall Roullne Pammefar(a) Results Qualifier D,F, Units Umit Methad Number Analyzed 1,1,2-Tricflloroetpefle < 0.5 1pg~ 5 E524.2 05/26/2010 2:59 AM Tetmehlomethene < 0.5 1pg/L 5 E524.2 05/28/2010 2:69 AM 1,3-Dichlompmpane < 0.5 1pglL 5 E524.2 05/26/2010 2:59 AM Chtorobanzene < 0.5 IpglL 5 E524.2 05/26/2010 2:69 AM 1,1,1,2-Tetract~loroelhane < 0.5 1~JoIL 5 E524,2 05/25/2010 2:59 AM Et h'/ipenzene < 0.5 IpgA. 5 E524.2 05/26/2010 2:59 AM m,0-Xylene < 0.5 1I~g/L 5 E524.2 05/26/2010 2:59 AM o-Xylene < 0.5 Ipg/1. 5 E524.2 05/26/2010 2:59 AM Styl'efle < 0.5 tpg/L 5 E524.2 05/26/2010 2:s9 AM Isopmpylbergena < 0,5 1~ 5 E524.2 06/26/2010 2:50 AM Bromabenzene < 0.5 1P01L 5 E524.2 05/26/2010 2:59 AM 1,1,2,2-Telmchloroelhene < 0.5 IpglL 5 F.524.2 05/2812010 2:59 AM 1,2,3-Trichlompmpane < 0.5 1pg/L 5 E524.2 05/26/2010 2:59 AM ~Propylbenzene < 0,5 Ipg~ 5 E524.2 05/26/2010 2:59 AM 2/4-Chlomtoluerte < 0.$ Ipg/L 5 E524.2 05/26/2010 2:59 AM 1,~,5-Tdmethylbenzene < 0.5 1pglL 5 E524.2 05/26/2010 2:59 AM terI-Buiylbenzene < 0.5 1Isg/L 5 E524.2 05/26/2010 2:59 AM 1,2,4-T~imethylbenzene < 0,5 1pglL 5 E524.2 05/26/2010 2:59 AM aeo-Butylbenzene < 0.5 Ipg/L 5 E524.2 05/26/2010 2:59 AM n-Bu~ylbeazene < 0.5 Ipg/L 5 E524.2 05/26/2010 2:59 AM 1,3-Dichlombenzene < 0.5 IpglL 5 E524.2 05/26/2010 2:59 AM 114-DIchiorobenzene < 0.5 1pg/L § E524,2 05/26/2010 2:59 AM 4-1sopro~yilct uene < 0.5 1pglL 5 E824.2 05/28/2010 2:59 AM 1,2-Dlchlombenzene < 0.5 IpglL 5 E524.2 05/26/2010 2:59 AM 1,2,4-Tflchlorobenzene < 0.5 1pg/L 5 E524.2 05/26/2010 2:59 AM Hexachlombutadiene < 0.5 1~glL 5 E524.2 05/26/2010 2:59 AM 1,2,3-TdcNorobellzene < 0.5 Ipg/L 5 E524.2 05/26/2010 2:59 AM Methyl tart-buy ether . 13.0 1 Fo/L 10 E524.2 05/26/2010 2:59 AM Chloride 55.8 I mg/L 2~3~ SM4500-CL E 05/18/2010 2;18 PM Specific Conductivity 384 1 probes/om M2510 B 05116/2010 11:19 PM MBAS < 0.08 I mglL $M5540C 05/15/2010 7:42 AM Nitrogen, Ammonia (As N) 1.30 1 mglL E35D.1 05/17/2010 2;12 PM NIIrste aa N 4.13 10 mg/L 10 E353.2 05/15/20t0 ?:52 AM pH 6.2 H 1 pH Units SM4500-H B 05/14/2010 7:28 PM Result(s) m~o~ed meat(a} NY$ R~gu~a~r/Limit(a). Re~lt(s)6aggedw#~ W F. xc~edN¥$Re~atmyCImlt(I). Umitn~ted. Date RapoRad: 5/26/2010 Page 2 of 2 Labomtor/Manager H .M LARS, INC. 57SE}mad ~ Rind, Ivld~e NY 11747 (831) 604-~040. FAX: (831) 42D.8436 NY~:XT~ID# 10478 HARRY GOLDMAN WATER TESTING 8700 MAIN ROAD MAT~TUCK, NY 11952 ARn To: Federal ID Collected : 5114/201011:$~00 AM Point No: Received : 5/14/20t03;15:00 PM Location: Collected By; CUSTOMER Copy : Original CC Parameterfsl Results Aldicarb aulfone < 1.0 Al~lcarb eulfoxide < 1.0 Aldicmb '~ t .0 Total Aldicarb < 1.0 Iron * 0,66 Mengaeese , 2.77 Zinc < 0.02 Copper < 0.02 Lead < 1.00 Tolal Coliform Negative E Goll Absent Dlch~orodifluorom etha ne < 0,5 Chloromethane ¢ 0.5 Vinyl ctllodde < 0.$ Bromomethane < 0.5 Chloroethane < 0.5 Tdchlomfluommelhane < 0.0 1,l-DiC~ll~'oetbene ¢ 0.5 Methylene chtoHde < 0,5 trans-l,2-Oichlomethene < 0,5 1,1 -Dichloruethane < 0,5 2,2-Dlehlompmpane < 0.5 cia-t,2-Dlchlorselhene < 0,5 Bromoddommethana < 0.5 Chloroform < 0.5 1,1,1-TdcNoroethn~e < 0.5 Carbon tetmch~odde < 0.5 1,l-Dichloropmpena < 0.5 1,2-Dichlomethene < 0.5 Benzene < 0.5 Trtchlomethene < 0.5 1,2-Dichloropmpane < 0.5 Dibmmemethar~ < 0.5 cis-l,3-Dichloropmpene < 0.5 Toluene < 0.5 tmns-l,3*Dichlompmpone < 0.5 LABORATORY RESUL $ For the submitted ~ample Lab No.: 1005932-003A Client Sample ID.: RENCO CONSTRUCTION COLONY RD,SOL,q~OLD 8OURCE(WELL HEAD.LOT #4) FLOW-t/2HR, WR1 aGPM, (1000~2-5.60.'~/S10.08.Q004) Oual0]er DF. UnRs LJrpit Method Number polL E531.1 pgA. E531.1 pg/L E53t.1 pg/L 7 E531.1 molL 0,3 E200.7 molL 0,3 E200.7 molL 5 E200.7 mg/I 1.3 E200.8 ug~l 15 E200.8 N/A Negative M9223 N/A Absent M9223 pgA- 5 E524.2 Poll 5 E524.2 iJglL 2 E524.2 Poll 5 E524.2 poll 5 E§24.2 pglL 5 E524.2 pgA. 5 E524.2 pgA- ti E52.4.2 pg/L 5 E524.2 pg/L § E524.2 pgA. 5 Eti24.2 pgA- 5 E524.2 pg/L 5 E524.2 pgA- 50 E524.2 pgA- 5 E524.2 polL 5 E524.2 pg/L 5 E524,2 po/L 5 E524.2 poll 5 E524.2 polL 5 E524.2 PolL 5 E524.2 poll 5 E524.2 pg/L 5 E524.2 pgA- 5 E524.2 pg/L 5 E524.2 SemDW Infon~atlo~ Type: Potable Water O~igle: RawWell Routine Anahrzed 05/19/2010 3:11 PM 05/19/2010 3:11 PM 05/19/2010 3:11 PM 05/19/2010 3:11 PM 05/15/2010 7:43 PM 05/t8/2010 7:43 PM 05/18/2010 7:43 PM 05117/2010 4:30 AM 05/t7/2010 4:30 AM 05/15/2010 12;t5 PM 05/15/2010 t2:15 PM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3;29 AM 05/26/2010 3:28 AM 05/26/2010 3:29 AM 05/25/2010 3:29 AM 05/25/2010 3:28 AM 05/'26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3;29 AM 05/26/2010 3:29 AM 05/28/20t0 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:29 AM 05/26/2010 3:20 AM 05/26/2010 3:29 AM Result(s) mpo~d meet(a) NYS Regulator/Umit(B). Result(8) Ileogad with . F..~eed NY0 Regulate~y Umlt(s). Li~t noted. Qualifiers: Dale Reported: 5/25/2010 Pagelof2 Laboratory Manager H2M LfiRS, INC. 575Bmed~ Road, Me. NY 11747 ~1) 694.3~0. FAX: ~1)/~0843~ ~ D# 10478 ~RY GO~N WA~R ~S~NG 87~ ~N RO~ A~To: GG LABORATORY RESULTS For the submitted sample Lab No~: t005932-003A Client Sample tD.: RENCO CONSTRUCTION COLONY RD,$OUTHOLD SOURCE{WELL HEAD-LOT#4) FLOW-t/2HR~ WR~EGPM. Parameter(st Results Ouelifler 1,1,2-Tdcflloroethane < 0.5 Telrachloroethene < 0.5 1,3~Dichioropmpane · 0.5 Chlombenzens < 0.5 1,1,1,2-Tetrachleraetho~e < 0.5 Et ~/Ibenzene < 0.5 m,p-Xylene < 0.5 ~-Xytene < 0,5 Styrene < 0,5 Isopropyibenzene < 0.5 Bmmobenzene < 0.5 1,1,2,2.TelmcNoroethane < 0.5 1,2,3-Trichlompmpane < 0.5 n-Propylbenzer~ < 0,5 2/4-Chlomtoluene < 0.5 1,3,5-Tdmethylhenzene < 0.5 tett-Butylbenzefle < 0.5 1,2,4-Tllmethylbenzene < 0.5 sec-Butylbensa~e < 0.5 n-Butylhem:sne .< 0.5 1,3-Dichlomhenzene < 0.5 1,4-Dichl~obenzene < 0.5 4-1sopmpyitoluene < 0.5 1,2-DIc~lorobenzene < 0.5 1,2,4-Tdchlorobenzene < 0.5 Hexachlorobutsdlene < 0.5 1,2,3-Trlchlembenzene < 0.5 Methyl teA-butyl ether 0.6 Chloride 41 .O Spe~fic Conductivity 307 MBAS < 0.08 Nitrogen, Ammonia (As N) 0.79 Nitrate ss N 5.98 pH 6.2 H Roullne OF. Units Limit Method Number ~nahrzed pg/L 5 E524.2 05/26/2010 3:29 AM pgA- 5 E524.2 08/26/2010 3:29 AM P01L 5 E524.2 05/26/2010 3:29 AM WP.. 6 E524.2 05/26/2010 3:29 AM pgA. 5 E524.2 05/26/2010 3:29 AM IJgA- 5 E524.2 05/28/2010 3:29 AM pOlL 5 E524.2 05/26/201 O 3:29 AM pgA- 5 E524.2 05/26/2010 3:29 AM B01L 5 E524.2 05/26/2010 3:29 AM pgA- 5 E524.2 05/20/2010 3:29 AM pgA- 5 E624.2 0,6/26/2010 3:29 AM pgA- 5 E524.2 05/26/2010 3:29 AM pgA- 5 E524.2 05/26/20t0 3:29 AM polL 5 E524.2 05/26/2010 3.29 AM polL $ E.524.2 05/2612010 3:29 AM pgA- $ E524.2 05/26/2010 3:29 AM pg/L 5 E524.2 05/2612010 3:29 AM pglL 5 E524.2 05/26/2010 3:29 AM IJglL 0 E524.2 05/26/2010 3:29 AM polL 5 E524.2 05/26/2010 3:29 AM pgA. 5 E524.2 05/20/2010 3:29 AM polL 5 E524.2 05,'26/2010 3:29 AM pglL 5 E524,2 05/26/2010 3:29 AM pglL 5 E524,2 05/26/2010 3:29 AM ~IL 5 E524.2 05/26/2010 3:29 AM gg/L 5 E524.2 05/26/2010 3:29 AM IJg/L 5 E524.2 05/26/2010 3;29 AM pgA. 10 E524.2 05/26/2010 3:29 AM I mg/L 250 SM4500-CL E 06/18/2010 2:19 PM I iJmhos/cm M2510 B 05/16/2010 tl'20 PM 1 re§A- SM5540C 05115/2010 7:48 AM 1 moll E3§0. t 05/17/2010 2:16 PM 10 mg/L 10 E353.2 05/15/2010 7;53 AM I pH Units SM45004-i B 05/14/2010 7:31 PM Result(s) repeded meet(s) NY$ Regut~tory Limit(s}. Date Repoded: 5/26/2010 Page 2 of 2 SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway, Oakdale, New York 11769-0901 November 2, 2009 Charles R. Cuddy PO Box 1547 Riverhead NY 11901 Re: Water Availability - Colony Pond Road, 5 Lot Subdivision, Southold SCTH# 1000-52-5-60.3 File# 4469843 Dear Mr. Cuddy: Reference is made to your request for information regarding availability of public water service to the above captioned property. The nearest water main is located on Colony Pond Road. In order to serve your property, a water main extension of approximately 854 feet would be required. The water main could be installed under the terms of our Construction Loan Contract plan, which would require a deposit of approximately $73,200.00, which is a tentative estimate of the cost of installation. Please advise if you wish to proceed with this project and we will arrange to furnish detailed contract information. 1' can be reached at (631) 563-5610, Monday through Friday from 8:00 am to 5:00 pm. Steve Romano Manager New Service SR:lap A2\NoMain Revised 6/03 ' ' ' · P[~[NG BOARD MEMBERS JEP~LY~ B. WOODHOU~E Chsir KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOgEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAIlinG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 5437/5 State Route 25 (cot. Main Rd. & Youn~s Ave.) Southold, NY Telephone: 631 765-1998 F~x: 631 765-3136 February 12, 2008 Ms. Vicki Toth 425 Jacobs Lane Southold, NY 11971 Re: Proposed Standard Subdivision of Colony Pond Located on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue in Southold SCTM#1000-52-5-60.3 Zoning District: R-80 Dear Ms. Toth: The Southold Town Planning Board, at a meeting held on Monday, February 11, 2008, adopted the following resolutions: WHEREAS, this proposal is for a standard subdivision to subdivide a 19.825-acre parcel into five lots where Lot 1 equals 40,571 sq. ft., Lot 2 equals 40,436 sq. ft., Lot 3 equals 40,337 sq. ft., Lot 4 equals 40,000 sq. ft. and Lot 5 equals 40,000 sq. ft. in the R- 80 Zoning District; and WHEREAS, an application for sketch approval was submitted on June 9, 2006 and included the submission of a Yield Plan and Existing Resources and Site Analysis Plan (ERSAP); and WHEREAS, the Planning Board reviewed the Yield Map and the Existing Resources and Site Analysis Plan (ERSAP) at several Work Sessions after the initial submission and required that the maps be revised to conform to the requirements of Sections A106- 11(A) and (B) of the Town Code; and WHEREAS, on October 29, 2007, the applicant submitted a revised Yield Plan prepared by Nathan Taft Corwin III, dated October 13, 2005 and last revised on August 22, 2007, depicting a total of five (5) lots; and WHEREAS, on October 29, 2007, the applicant submitted a revised Existing Resources and Site Analysis Plan prepared by Jeffrey T. Butler P.E., dated June 29, 2007; and WHEREAS, the Southold Town Planning Board reviewed the revised Yield Map and ERSAP and Sketch Plan at their work session on January 28, 2008 and determined that Colony Pond Pa.qe Two the maps conform to the requirements pursuant to Sections A106-1 I(A) and (B) of the Town Code; and WHEREAS, the Southold Town Planning Board initiated the SEQRA coordination for this application on July 11, 2006; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; and be it further RESOLVED, that the Southold Town Planning hereby accepts the Yield Plan prepared by Nathan Taft Corwin III, dated October 13, 2005 and last revised on August 22, 2007, and the ERSAP prepared by Jeffrey T. Butler, P.E., dated June 29, 2007; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval upon the map entitled Road and Drainage Plan of Colony Pond, dated April 4, 2006 and last revised June, 29, 2007, prepared by Jeffrey T. Butler, P.E., subject to the following conditions: 1. The submittal of proof that the parcel is not encumbered by an existing easement along the western property boundary. 2. Submission of the application and fee for preliminary plat approval. The preliminary map should contain the following revisions: Depict a 30' wide natural vegetated buffer on Lots 1 and 3 adjacent to Colony Road. On Lot 1 the natural buffer shall run for a distance of 320' eastJwest (less areas to locate the subsurface sanitary system as shown). On Lot 3 the natural bdffer shall run for a distance of 255' east /west. The natural buffer shall be shown on the Preliminary Plat and be labeled "Natural Buffer". Depict a 100' Non-disturbance/non-fertilization buffer landward from the boundary of the wetland area. In addition, include the following language in a draft covenant and restric, tions to be submitted to the Planning Board. ~/egetation within this area shall remain in its natuiul state in perpetuity. Permitted activities within the buffer are limited to th,, removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above, the Non Disturbance/non-fertilizatio. Vegetation buffer area may be supplemented with additional nativ,, ve.qetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited, The clearin.q of any kind i,,; prohibited, except to establish a 4 foot wide unimproved, natural acces:; path located within the 10 foot pedestrian access easement over Lot 2. .Colony Pond .Page Three Pursuant to Chapter 275 Wetlands and Shorelines;.the access path must be reviewed by the Southold Town Trustees and other jurisdictional agencies. c. The title of the map be amended to read "Standard Subdivision of Colony Pond". d. Show the location of street trees pursuant to Section A108-45 of the Town Code. Provide the planting details, including the species and size at planting. 3. Submission of six (6) copies of the preliminary mad and drainage plans. 4, Submission of a draft Bond Estimate. 5. Submission of a Draft Road and Maintenance Agreement for the 25'-wide right-of-way. 6. Submission of a Draft Open Space Easement pursuant to Section A106- 49(C) of the Southold Town Code for the Open Space Area located on Lot 2. 7. LWRP Coastal Consistency Review by the Town of Southold. 8. Submission of a permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation and the Southold Town Trustees for the proposed project. 9. Submission of Draft Covenants and Restrictions containing the following clauses: a. Road and Maintenance Agreement language. 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. There shall be no stormwater run-off resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetlands or Hashamomuck Pond in any manner. e. There shall be no residential structures permitted on the Lot 2 Open Space Area. f. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on-site. g. Prior to any construction activity, the project will require a General Permit for the stormwatar run-off from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. h. By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, Colony Pond Paoe Four and odors normally associated with agricultural activities pursuant to A;rticle XXII, Farmland Bill of Rights, of the Southold Town Code. 10.The Submittal of the Park and Playground Fee in the amount of $28,000 ($7,000 for each new lot created). Note that specifics regarding map changes, content of the Covenants and Restrictions and other legal dOcuments and other submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the Environmental Review and referral of the plans to the other involved agencies. The applicant is advised that Covenants and Restrictions and/or design changes may be required depending on comments receiVed from other regulatory agencies, including the Town LWRP Coordinator, the Town Engineer and the Suffolk County Planning Commission. Therefore, this approval and all its conditions are subject to change. Sketch plan approval is valid for six months. Within six months of the date of this approval, a preliminary plat application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, house Chairperson cc: Patricia Finnegan, Town'Attorney LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of April, 2010, a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 1st day of June, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold ". BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension ora water transmission main to the Colony Pond Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. Colony Pond Inc. and Suffolk County Department of Health Services have represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concem that requires the extension of public water to the area. The extension of the transmission main is intended to supply the development approved in the Colony Pond Subdivision and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommendations of the Suffolk County Department of Health Services, the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Colony Pond Subdivision. Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereo£ other than the part so decided to be unconstitutional or invalid. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Dated: April 20, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 20, 2010, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times TC's Bulletin Board Planning Dept. Town Board Members Building Department Town Attorney ZBA -2- 9783 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 20th day of MAY12010. Principal Clerk Sworn to before me this day of NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Suffolk County My Commission Expires February 28, 2012 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of April, 2010, a Local Law entitled ~ cai Law to .~kmend tl~ Tow~ of S~atlm~l Water Sunply Plan Map to the Colony ·- ' now, therefore, be it NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the day of June 2010 at 4'~$ p.m. at which time all interested persons will be given an opportunity to be beard. The proposed Local Law entitled, "A ~ Law to Amend rite Town of S~nthold Water Snn_uly Plan Map to the Cotoav Pond Subdivision in Southold" reads as follows: A Local Law entitled, "A Local Law to Amem~ the Town of ~oafhold Water intended to supply tho development ap- to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommenda- tions of the Suffolk County Department of Health Services, the Town Planning Department, and the public comments taken at the public hearing, we hereby amend the Town of Southold Water Sup- ply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Section 3. The Southdid Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007~003, is hereby amended to reflect the extension of a water transmission mare to the Colony Pond Subdivision. Section 4. Severabifity. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitution- al or invalid. Section 5. Effective Date· ' This Local Law shall take effect im- mediately upon filing with the Secretary of State as provided by law. Dated: April 20, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 9783-1T 5/20 JUN, 1,2010 9:32AM PLANNII~G BOAI~D 1M~BER$ ~/IART~I~ PI. SIDOR W~.TJ¢~I J. CREMER$ KENNETH L. EDWAtLDS GEORGE D, SOLOMON JOSEPH L. TOWNSEND MAILING ADDRF_,.~: O~'~ICE LOCATION; To~rn Hall Aanex -~4375 State Reute 25 (cot. ~ l~i. & Youngs Ave.) $outhold, ~ Telephone: 631 765-1938 Fax: 631 765-3136 PLAIYN-I~G BOAI~D OFFICE TOVCN OF $OUTHOLD MEMORANDLrM RECEIVED To: cc: From: Date: Re: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk JUN 1 Southoid Town Clerk Town Attorney Martin H. Sidor, Chairperson and Members of the Planning Board May 28, 2010 Petition to extend Suffolk County Water Authority's (SCWA) water main service (public water) to: Colony Pond Standard Subdivision SCTM#1000- 52.-5-60.3 Dear Supervisor Russell and Members of the Town Board, The Southold Town Planning Board has received and reviewed a petition submitted by Mr. Charles Cuddy, Esq. on lanua~ 22, 2010 to thc Southold Town Board on behalf of the above referenced applicant requesting that the Southold Town Board consider amending the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision_ The above reference project is a proposal for a standard subdivision where a 13,540-acre parcel will be subdivided into five lots. This project is proposing to create five (5) lots in the R-80 Zoning District the following specifications: · Lot 1:35,567 sq. ~t. · Lot 2: 336,916 sq, ft., inclusive of a 41,424 sq. fL building envelope and 295,492 sq. fi. of subdivision open space; Lot3:30,471 sq. fl.; · Lot 4:30,029 sq. fi.; Lot 5 equals 29,358 sq. ft. in the R-S0 Zoning District, ,JUN, 1.2010 9:33AM N0,828 P, 2 After carefal review and consideration of the petition, the Planning Board respectfully ~:equests that the Town Board consider the following comments: · Wells on the above referenced property were tested by the Suffo).k County Del>ar'anent of Health Services (SCDOH) in 2007. · The results from the 2007 sampling and testing stated that the water was not within test well or drinking water standards. · Wells tested on proposed Lot 2 and proposed Lot 4 yielded high levels of manganese. Managanese is ~xeatable at ceFudn levels, however, in this instance Lot 2 levels are treatable and Lot 4 levels are not. · Aside from the high levels of manganese found in the two test wells cited above, the overriding problem is that the test well results conducted in 2007 by the Suffolk County Department o£Health services have since expired and cannot be used to base decisions on due to their age. Test results are mxly valid for a period of one year. Southold Town Planning Staff confirmed that the SCDOH will re-test the wells free of charge once (included in the original $675.00 fee) at the applicants request. However, a fee will be required for the well company to purge the well(s) prior to sampling. Based upon the foregoing information the Southold Town planning Board would request that the Southold Town Board require a retesting of the wells and reserve their decision on the extension of the water main until a new set of water quality test results are submitted. If you have a~y questions or comments, please do not hesitate to contact the Planning Board or Planning Department. Thank you for your cooperation. 0~/27/20~0 10:20 $31-853-4044 RECEIYED MAY 2 7 2010 Southold Town Clerk DEPAETMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE $ C PLAHII',IG I)EPT PAGE 02 'THOMAS A. I$1.ES, A.I.C.P OIEECTOR OF PLANNING May 27, 2010 Town of Southold PO Box 1179 Southold, New York 11935 Att: Ms. Elizabeth A. Neville, Clerk Applicant: Zoning Action: Resolution No.: S,C.P.D. File No.: Town of Southold "Local Law to amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold' #2010-330 SD-10-LP Dear Ms. Neville: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Ve~ truly yours, Thomas A. Isles, AICP Andrew P. Frel~ Chief Planner APF:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG, - 4TH FLOOR P.O. 8OX 6i00 (B~,I) 85~-5~91 lOO VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788.0099 TELECOPIER (621) 853-~t044 Page 1 of l Cooper, Linda From: Cooper, Linda Sent: Monday, April 26, 2010 2:04 PM To: Suffolk Times Legals Subject: Colony Hill water map PH Attachments: Colony Hill water map.doc Hi, Please confirm receipt of this Legal Notice of Public Hearing to be published in the May 20, 2010 edition of the Suffolk Times. Thank you. Icoop 4/2 6/2 010 TOWN CLERK COPY ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 30, 2010 Re: Resolutions 2010--328 & 2010-330 regarding proposed Local Law in relation to Amend the Town of Southold Water Supply Map to the Colony Pond Subdivision in Southold. Thomas A. Isles, AICP Suffolk County Depmlment of Planning Post Office Box 6100 Hauppauge, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meeting on April 20, 2010 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Southold Town Planning Board for their review. The date and time for the public hearing is Tuesday, June 1, 2010 at 4:35PM Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~~eville Southold Town Clerk Enclosures cc: Town Board Town Attorney TOWN CLERK COPY ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 30, 2010 Re: Resolutions 2010-328 & 2010-330 regarding proposed Local Law in relation to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold. Martin Sidor, Chairman Southold Town Planning Board 53095 Main Road Post Office Box 1179 Southold, New York 11971 Dear Mr. Sidor: The Southold Town Board at their regular meeting on April 20, 2010 adopted the above resolutions. Certified copies of same are enclosed. Please prepare an official report defining the Planning Commissions recommendations with regard to this proposed local law and forward it to me at your earliest convenience. This proposed local law has also been sent to the Suffolk County Department of Planning for their review. The date and time for the public hearing is Tuesday, June l, 2010 at 4:35PM Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Southold Town Clerk Enclosures cc: Town Board Town Attorney RESOLUTION 2010-328 ADOPTED DOC ID: 5878 THIS IS TO CERTIFY THAT THE FOLLOWING REsoLUTION NO. 2010-328 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 2010: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the proposed Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" to the Suffolk CounW. Planning Commission and the Southold Town Planning Board for their review and recommendation. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 1] MOVER: Vincent Orlando, Councilman SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Evans, Russell NAYS: Albert Krupski Jr. RESOLUTION 2010-330 ADOPTED DOC ID: 5880 THIS 1S TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-330 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 20, 2010: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 20th day of April, 2010, a Local Law entitled "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 1st day of June, 2010 at 4:35 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" reads as follows: LOCAL LAW NO. 2010 A Local Law entitled, "A Local Law to Amend the Town of Southold Water Supply Plan Map to the Colony Pond Subdivision in Southold" BE IT ENACTED by the Town Board of the Town of Southold as follows: Section 1. Legislative Intent. This Local Law proposes to amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Historically, the Water Supply Plan Map reflects the physical changes in the water supply network since 2000. Colony Pond Inc. and Suffolk County Department of Health Services have represented to the Town that the groundwater quality of the Colony Pond Subdivision is inadequate and poses a significant concern that requires the extension of public water to the area. The extension of the transmission main is intended to supply the development approved in the Colony Pond Subdivision and is not intended to result in additional development pressure in the area. Section 2. Enactment. Based on the goals of the Suffolk County Water Authority and Suffolk County Department of Health Services to provide safe drinking water to the Colony Pond Subdivision, and upon our consideration of the recommendations of the Suffolk County Depadment of Health Services, the Town Planning Department, and the public comments taken at the public hearing, Resolution 2010-330 Board Meeting of April 20, 2010 we hereby amend the Town of Southold Water Supply Plan Map to include the extension of a water transmission main to the Colony Pond Subdivision. Section 3. The Southold Water Supply Plan Map as adopted by Resolution No. 31 on June 20, 2000 by the Town Board, and most recently amended by Resolution No. 2007-603, is hereby amended to reflect the extension of a water transmission main to the Colony Pond Subdivision. Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 5. Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [5 TO 1] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Evans, Russell NAYS: Albert Krupski Jr. Updated: 4/20/2010 2:49 PM by Linda Cooper Page 2 RECEIVED JAN 21 2010 $outhoI.'l Tov.'n Clerk Mailing Address: 1~O. Bo× 1547 Rivevhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVE NUE RIVERHEAD~ NEW YORK January 20, 2010 TEL: (631) 369-8200 FAX: (631) 369-9080 E-maiI: charles.cuddy@verizon.net Elizabeth A. Neville, Town of Southold PO Box 1179 Southold, NY 11971 Town Clerk Re: Colony Pond Inc. SCTM#1000-52-05-60.3 Dear Ms. Neville: This office represents Colony Pond Inc. in connection with the proposed 5-lot subdivision located at east of Bay View Avenue which has an existing public water main. The applicant dug several nest holes at the request of the Suffolk County Department of Health Services and the water is not potable. Suffolk County Water Authority can extend its water main approximately 833 ft. to provide public water to this site. Suffolk County Department of Health water be so extended to the site. The The Services has requested public Would you please present the Petition to the Town Board so it may be acted upon. I would appreciate your advising as to when this Petition will be considered by the Town Board. Very truly yours, Charles R. C~Ldy~~ CRC/ik Enc. TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK In the Matter of the Application for Colony Pond Inc. PETITION For the Extension of the Public Water Main COLONY POND, iNC. being the Petitioner and the owner of premises more particularly shown on Schedule A annexed hereto, hereby petitions the Town Board of the Town of Southold for the extension of the Public Water Main for a distance of approximately 833 ft. for the purpose of servicing the proposed 5 lots subdivision, which previously received the Town of Southold Planning Board sketch plan approval, and known as Map of Colony Pond and identified on the Suffolk County Tax Map as 1000-52-05- 60.3 as set forth in Schedule A, pursuant to Article 12 of the Town Law of the State of New York. Your Petitioner requests that the Town Board hold a public hearing for the purpose of extending the Public Water Main to Petitioner's parcel by the Suffolk County Water Authority at no expense to the Town. Your Petitioner understands that all legal, administrative and construction costs associated with the extension of the Public Water Main petitioned herein and any ancillary, off-site improvements incidental to the extension of the Public Water Main to Petitioner's parcel (Schedule A) as shall be found necessary to be constructed by the Suffolk County Water Authority shall be paid by your Petitioner. Your Petitioner agrees to grant the Town of Southold and the Suffolk County Water Authority any easements necessary for the installation of the Public Water Main petitioned for herein. Respectfully submitted, STATE OF NEW YORK COUNTY OF SUFFOLK ) ) SS.: ) Colony Pond, Inc. On the // day of ~~ in the year 2010, before me, the undersigned, personally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 61~7362 '-:yel!fie~ in Suffolk Coumv Expires Oct. 25."..~/~ ) ~" ,/,,I Title No: T-S66 SCitl~.I)ULE A DESCRIPTION OI; PREMISES ~LL that certain plot, piece or parcel of land, with thc buildings and improvemants thereon erect~l, situate, lying and being in thc Town of Snuthold, Counl7 of Suffolk and Statc of Ncw York, bounded and descl4bed u follows: BEGINNING at ~ point on thc southerly side of Colony Road, distant 625.66 fcct westerly fi.om thc comer formed by Ibc inlo'scclion of thc southerly side of Colony Road a~d the westerly side of AIb~son Lane; RUNNING THENCE from said poinl South 16 dc~'cc~ 32 minutes 00 seconds East, 1200.00 f~et~ THENCE South ig dcgress 09 minutes 50 seconds East, 6~J1.49 feet; THENC~ South 4'7 dcgrces 211 minutes 00 seconds West:, '.).30.00 t~et more or less Io ihe high water line of Arshamomoquc Pondi THENCE Northwesterly along thc high water linc of Atsh~momoquc Pond along a tic line coturse of North 72 dcgrt~s ~ minutes (survey 31 minutes) 10 s~conds (suivey 56 second) West, 35C,.00 feet (survcy 349.1g feet) more or less to land formerly of Byme; THENCE along said land formerly of Bymc and land now or fonnerl.v of E. Rudink, North 50 degrees 54 minutes :36 secoads East, 435.00 fcct; THENCE continuing along said land now or formerly of'E. Rudink and land now or formerly of W. Rudink, N~t~h 24 degrees 42 minutcs 5'/seconds West, 306.24 feel to thc Easterly side of land shown on map cnlitled, "Sunur,er Haven", map #1133: THENCE alonff said lasl described land, North 3'/degn'ee~i 30 minutes West, 1407.74 feel to thc southerly side of Colony ~,oad; THENCE a'.oni: thc southerly side of Colony Road, Nortl,. 77 degrees 50 minutes 30 seconds East, 6:25.65 feet to thc point or place of BEOI~NING. TOWN BOARD OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK In the Matter of the Application for Colony Pond Inc. For the Extension of the Public Water Main PETITION hereby petitions the Town Board of the Town of Southold for the extension of the Public Water Main for a distance of approximately 833 ft. for the purpose of servicing the proposed 5 lots subdivision, which previously received the Town of Southold Planning Board sketch plan approval, and known as Map of Colony Pond and identified on the Suffolk County Tax Map as 1000-52-05- 60.3 as set forth in Schedule A, pursuant to Article 12 of the Town Law of the State of New York. Your Petitioner requests that the Town Board hold a public hearing for the purpose of extending the Public Water Main to Petitioner's parcel by the Suffolk County Water Authority at no expense to the Town. Your Petitioner understands that all legal, administrative and construction Water Main improvements to Petitioner's parcel costs associated with the extension of the Public petitioned herein and any ancillary, off-site incidental to the extension of the Public Water Main (Schedule A} as shall be found necessary to COLONY POND, INC. being the Petitioner and the owner of premises more particularly shown on Schedule A annexed hereto, be constructed by the Suffolk County Water Authority shall be paid by your Petitioner. Your Petitioner agrees to grant the Town of Southold and the Suffolk County Water Authority any easements necessary for the installation of the Public Water Main petitioned for herein. Respectfully submitted, STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) Colony Pond, Inc. ss.: On the /f day of~.~..~~ in the year 2010, before me, the undersigned[ ~ersonally appeared personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Title No: T-566 SCHEDULE A DESCR.I~TION OF PREMISES ~sLL that certain plot, piexe or parcel of land, with the buihlings and improvemeuls thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNTNG at ~ point on the southerly side of Colony Road, distant 625.66 feet westerly fi.om the comer formed by the intersection of the southerly side of Colony Road and the westerly side of Albcrtson Lane; RUNNING THENCE fTom said point South 16 degrees 32 minutes 00 seconds East, 1200.00 t'~t; THENCE South 18 dcsrc~s 09 minules 50 seconds East. 631,49 feet; THENCE South 47 degrees 28 minutes 00 seconds West;, 230.00 t~:et more or leas lo ihe high waler line of Arshamomoque Pond; THENCE Northwesterly along the high water line of Arshe..momoque Pond along a tie line oo~urse of North 72 degrees ~ minules (sorvcy 3 feet) more or less to land formerly of Byme; TH1/NCE along said land formerly of Byme and land m)w or formerly orE. Rudink, North $0 degrees $4 minutes 36 seconds East, 435.00 feet; ITHENCE continuing along said land now or formerly ell!. Rudink and land now or formerly ofW. Rudink, Narth 24 degrees 42 minutes S? s~conds West, 306.24 feet to the Easterly side of land shown en map entitled. "Sumrr,er Haven", map #1133: THENCE alonff said lasl described brad, North 3'1 deD'eea 30 minutes West, 1407.'/4 feet to the sovtherly side of Colony THENCE a:onF the southerly side of Colony Road, Nortk 77 degrees 50 minutes 30 seconds East, 6:15.65 /:ct 1o the poin~ or place of BEGbNNING. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly swom, says that on the .~D~' day of d~__,~Z.G~, 2010, she affixed a notice of which the annexed printed notice is a tree 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, 53095 Main Road, Southold, New York. Re: LL Colony Pond Water Ext. Swom before me this t/a ~ day of F'Dc~-~. ,2010. ~otary Pul~iic ' LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01C04822563, Suffolk Cour¢~/ Term Expires December 31,20/~'/¢ Elizfibeth A. Neville Southold Town Clerk