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HomeMy WebLinkAbout1000-85.-3-10.2S1TUATB: P CO C TOWN: SOUTHOLD SUFFOLK COUNTY, NY SUBDIVISION MAP Prepared For: David J. Cichanowicz 9UFFOL< TAX HAP No. IO00-q-~-10-2 (proposed Io~s I 1000-~5-D-IO.D (proposed Iof. ~) 1000-~)5-~-10.4 (proposed Io~ 4.) 5URVEFr'EO, NOVEhJIDER s, 2002 rev. OI-ID-OD, 02-06-2005, Oq-ID-2005 05-22-2006, 0T-10-2006, Oq-14-2ooq ~ 2) O~NNER ~ APPLIGANT, DAVID J. C, IGHANO~NIGZ HAIN ROAD HOME 5GHOOL DISTP. IC.T :~5 FIP-~ DISTRIGT :~2~, NOTES~ ELEVATIONS SHOINN ~.EPEPJENGE SUFFOLK ¢OLINT'¢ TOPO IHAP5 NO ~[ELL5 LOGATED PIITHIN 150' OF LOT5 I ¢ 2 IF- TOTAL AREA = 1~¢1,4"f0 5F OR 24.~2T1~ ACRE5 HONUI'IENT FOUND ~TAKE FOUND LOT,4. 2..00 AC'gEe L~r2 1,71AC~ES LOr~ la~-1 ,ACRE~ (DEVELO?MENT RIGHTS 5OLD COUNt" OF ,~UFFOL~) LOTf 1.71 ACR.E~ hJ O PO,ST FOUl,II? ®RAPHIG SOALE AU8 1 9'2010 RD. LOCATION DIAGRAM Haoppauge, New York This is~c.e .rt~fy, diat~Ic.~.~d ]~ealty Subdivision or Development for ~ o, L- CaXr-d~O[.OI fi_. in thc ~,Ot,tq-f~lc[ with a totalof ~ lots was approved on the above date. Water Supplies and Sewage Disposal Facililies must conform to constzuction standards in effect at the ~me of construct/on and are subject to sepemte permits pursuant to those standards. This approval shall be valid only ff the realty subdivision/development map is duly filed with the County Clerk within one year of this date. Consent is bemby given for the ~ing of this map on which this endorsement appears in the Office of the County Clerk in accordance with provisions of the Public Health Law and the Suffolk Cougty Sankary.Q_~e. DA~E APPROVED BY TOWN OF SOUi'HOLD SEP 1 4 2010 ,J T'YPIOAL PL©T PLAN nol: t:o er. ore JOHN C. N.¥.fG~-.~- LIC # ~0202 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STRART RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S. LIC. NO. 50202 REF-\\Compaqserver\pros\O2\02-301d.pro • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~pF SOUjy P.O. Box 1179 MARTIN H. SIDOR 0~ Southold, NY 11971 Chair OFFICE LOCATION: WILLL9M J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ OQ 54375 State Route 25 JOSEPH L. TOWNSEND ~ 'M ~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI l~C~Un l , ~ Southold, NY Telephone: 831 786-1938 Fax: 831 786-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2010 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Rescind and Re-issue Final Plat Approval: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-85-3-10.2 & 97-10-2 Zoning District: A-C Dear Mr. Goggins: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, September 13, 2010: WHEREAS, this proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk; and WHEREAS, on July 12, 2010, the Southold Town Planning Board granted Final Plat Approval on the map entitled "Subdivision Map Prepared For: David J. Cichanowicz", prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on September 14, 2009; and WHEREAS, by August 12, 2010, the number of required copies of Final Mylars and Final Maps as outlined in Southold Town Code §240-20(D)(1) had not yet been submitted; and WHEREAS, on August 30, 2010, all required copies of Final Mylars and Final Maps were submitted to the Southold Town Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby rescinds Final Plat Approval previously granted on July 12, 2010; and be it further r / • • Cicha~nowicz,_ Page Two September 13, 2010 RESOLVEp, that the Southold Town Planning Board hereby re-issues Final Plat Approval upon the map entitled "Subdivision Map Prepared For: David J. Cichanowicz", prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on September 14, 2009. If you have any questions regarding the above, please contact this office. Very truly yo~urjs, Martin H. Sidor Chairman Encls. cc: Assessors w/map Building Dept. w/map Town Engineer w/map Please note the following: The Final Plat shall be filed by the applicant within 62 days of the date of Final Approval, or such approval shall expire. Final Approval shall be determined in accordance with §276 of the New York State Town Law. Finaf Plat is void if revised after approval. No changes, erasures, modification(s), or revisions shall be made to any Final Plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first re-submitted to the Planning Board and the Planning Board approves any modifications. In the event that any such Final Plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the Final Plat stricken from the records of the Suffolk County Clerk. • • MAILINGADDRESS~~' PLANNING BOARD MEMBERS QF SOUj P.O. Box 1179 MARTIN H. SIDOR ~0~~ y~~0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ 54375 State Route 25 JOSEPH L. TOWNSEND w~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI 'Y~~ ~`I,`- Southold, NY Telephone: 631 76b-1838 F 136 PLANNING BOARD OF ~ ~r ~ ~I TOWN OF SOUTHOL D t~ D September 14, 2010 oFPI_ TOWN OF SOUTHOLD William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Rescind and Re-issue Final Plat Approval: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-85-3-10.2 & 97-10-2 Zoning District: A-C Dear Mr. Goggins: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, September 13, 2010: WHEREAS, this proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk; and WHEREAS, on July 12, 2010, the Southold Town Planning Board granted Final Plat Approval on the map entitled "Subdivision Map Prepared For: David J. Cichanowicz", prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on September 14, 2009; and WHEREAS, by August 12, 2010, the number of required copies of Final Mylars and Final Maps as outlined in Southold Town Code §240-20(D)(1) had not yet been submitted; and WHEREAS, on August 30, 2010, all required copies of Final Mylars and Final Maps were submitted to the Southold Town Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby rescinds Final Plat Approval previously granted on July 12, 2010; and be it further Southold Town Planning Board Page Four Julv 12. 2Q10 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District; and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro"; and WHEREAS, all of the following conditions have been met: a) Submission of filed and recorded Covenants and Restrictions, Driveway and Maintenance Agreement and Easement with the Office of the Suffolk County Clerk stating liber and page number for each document. b) Submission of a Park and Playground Fee in the amount of $14,000.00, made payable to the Town of Southold as required by Southold Town Code §240-54(G). c) Submission of the Administration Fee in the amount of $4,000.00 made payable to the Town of Southold as required by Southold Town Code §240- 37; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro". William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. *~*r~*r*:~**rr~**~a*:....+*ss*rr~*r~ Cichanowicz. David -This proposal is to subdivide a 24.82-acre parcel into 4 lots where Lot 1 equals 73,336 sq. ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres. The property is located s/o NY State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road in Peconic. SCTM #'s 1000-85-3-10.2 & 97-10-2 Southold Town Planning Board Paae Five Julv 12.2010 Joseah Townsend: I'd like to offer the following resolution: WHEREAS, this proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk; and WHEREAS, on September 14, 2009, the Southold Town Planning Board granted Conditional Final Approval, on the map prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on July 10, 2006, subject to the following condition: Provide a statement indicating that the Declaration of Covenants and Restrictions have been filed in the Suffolk County Clerk's Oftice showing liber and page numbers and that such Covenants and Restrictions affect the subdivision and the properties within it and WHEREAS, on June 16, 2010, this condition has been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval on the map entitled "Subdivision Map Prepared for David J. Cichanowicz", prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on September 14, 2009. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Mazzaferro. Karen -This is a proposed standard subdivision of a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District. The property is located at 1450 Norton's Lane, on the a/s/o Norton's Lane in Southold. SCTM#1000-63-1-12 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on April 3, 2006 with a plan prepared by John T. Metzger, L.S., dated July 6, 2005; and GOGGINS & PALUMBO• ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 295-4200 Fax: (631) 298-4214 WILLIAM C GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. Tune 16, 2010 TRACY L. KARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel Planning Board of the Town of Southold DONNA M. PALMER 53095 Main Road, P.O. Box 1179 Paralegal Southold, New York 11971 Attn: Tamara Re: David Cichanowicz Subdivision Dear Tamara: In connection with the above referenced matter, enclosed please find the Grant of Easement executed by David Cichanowicz. If you have any questions, please do not hesitate to contact the undersigned. Thank you. V~~~y truly yours, WILLIAM C. GGINS WCG/dmp enclosure i J U N ~1 2010 _ . _ _..J GRANT OF EASEMENT THIS INDENTURE made on this f b day of June, 2010, by DAVID CICHANOWICZ residing at 1425 Arshamomaque Avenue, Southold, New York 11971 as the owner of the premises, hereinafter referred to as the GRANTOR, states as follows: WHEREAS the Grantor is the owner of premises located at Leslie Road, Peconic, New York known as SCTM Nos. 1000-085.00-03.00- 010.003;1000-083.00-03.00-010.004;1000-097.00-10.00-002.000 and further described at Schedule A attached hereto; and WHEREAS, as a condition of the approval of a certain subdivision of property containing 24.82 acres into four (4) lots pursuant to a certain map made by John C. Ehlers surveyed on November 5, 2002, revised on January 13, 2003; and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Easements and Agreements be recorded in the Suffolk County Clerk's Office; and NOW, THEREFORE, in consideration often dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor of the property hereby imposes the following easements and agreements: 1.ACCESS EASEMENT: Lot 1 and 2 are residential lots containing a common driveway and lot 3 is an agricultural parcel with sold developments rights owned by Suffolk County. The nature and extent of the access easements hereby granted are as follows: a. As shown on said subdivision map, an easement is granted to permit access to Lots 1 and 2 from a common driveway within the flag strip on lot 2 more particularly bounded and described in Schedule C, and will be subject to the following terms and conditions: 1. The easement shall run with the land, for purpose of a common driveway which shall be used for ingress and egress to and from Lot 1 and Lot 2 only; 2. This easement shall further allow the installation of underground utilities for the benefits of Lots 1,2 and 3. 3. Specifically, this easement shall allow the placement, installation, maintenance, repair, inspection and replacement of said driveway and utilities, including but to not limited to water lines, electric, cable, gas and any such other utilities as may become available to and from Leslie's Road, a Town Road, to Lots 1 and 2. Lot 3 may connect to above listed utilities, for farming purposes, within said easement area. 4. The owners of Lot 1 and 2 shall share equally the cost of maintenance of the common driveway, including but not limited to litter collection, snow removal and repair of the surface, as necessary, to keep the common driveway in good and working order. 5. The owners of Lots 1 and 2 shall maintain appropriate insurance on their individual homeowners policies for the common driveway. II. DRAINAGE SWALE EASEMENT The nature and extent of the drainage easement is hereby granted as follows: a. Chichanowicz subdivision, their heirs, successors or assigns, andthe Briarcliff adjacent subdivision, their heirs, successors or assigns have been directed by the Southold Town Planning board to maintain on their respective parcels a drainage Swale intended to retain the farm runoff within the bounds of their respective farms. The farm property owner shall be responsible for their own cost of construction, maintenance and repairs, of the Swale. b. The property owners, their heirs, successors or assigns within each subdivision will cooperate and not interfere with the construction, maintenance and repair of the drainage Swale. c. The parties, their successors and/or assigns acknowledge and release the Town of Southold from any and all obligations to maintain the drainage improvements on the property and any liability in connection therewith. d. The easement area for the location of the drainage Swale is shown on attached Schedule "B" drawing; more particularly described as follows: "Beginning at a point 500 feet north of the intersection of Leslie Road, and the west corner of lot 2 running east along the south side of Farm lot 3, a distance of 350 feet, more or less, to land of David Chichanowicz, thence running north 80 feet, more or less, thence, thence running parallel to the lot line of lot 2 160 feet, more or less, which contours will taper down to the existing contours, a distance of south 80 feet, more or less, to the point or place of beginning". III. CROSS EASEMENT a. In order to give access to the abutting parcel, the Grantor hereby grants and authorizes a Cross Easement to "Cluster Subdivision of Briarcliff Sod, Inc." located at 1000-97-10-1 which cross easement is located along a common and abutting property line, more or less 500 feet north of Leslie Road, for a distance of approximately 80 feet, for the limited purpose of construction, maintenance and repair of a drainage Swale on each farm parcel. b. The cross-easement will assure the owners and the Town that the drainage swales will be maintained, as designed, and functioning for the intended purpose. c. Said cross easement is mutually granted by the owner of the adjacent parcel. d. The cross easement hereby authorizes either property owner to take such measures to prevent damage to the properties or assure that the integrity of the drainage Swale on their respective parcels is not compromised. e. The Grantor is indemnified and held harmless for all liability associated with its own acts or omissions in connection with the Cross Easement. IV. PERMITTED AND PROHIBITEDUSES OF THE COMMON DRIVEWAY Grantor hereby declares that the common driveway shall be used by the Lot Owners of Lot 1 and 2 their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, all lot owners shall have their respective agents, employees, contractors and subcontractors, and other representatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the common driveway substantially to the same condition as existed at the time of commencement of the work. b. The common driveway shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without consent of Grantor and mutual agreement of the owner of Lot 1 and Lot 2 and Lot 3. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the common driveway may be made. e. No alteration or modification of the common driveway once constructed, will be permitted without prior written consent of grantor and the Planning Board of the Town of Southold. V. TERMS OF PAYMENT a. All Costs detailed above shall be billed to the Lot Owners of Lot 1, 2 and 3 in their proportionate share and shall be required to be paid within thirty (30) days after the date of the bill. Lot 3 shall be billed for only those utility services actually installed. b. The Lot Owners shall comply with the terms of this easement. In the event that any Lot Owner fails to comply with the terms set forth herein within thirty (30) after notice of violation is given by Grantor, then Grantor shall have the right and power to enforce by any proceeding at law or in equity, all the terms of this Agreement. c. In the event any legal proceedings are necessary to enforce the terms and conditions of this Agreement, all the Lot Owners shall indemnify and hold Grantor harmless from any and all costs associated with such proceedings including, but not limited to, all court costs, service fees, deposition transcript fees and all other expenses and reasonable attorney fees incurred by Grantor. d. The party of the first part, its successors and assigns, retain unto themselves all rights to fully enjoy its afore described premises except for the purposes herein granted to the party of the second part. This grant of easement shall at all times be deemed a continuing covenant that runs with the land and shall be binding upon, and inure to the benefit of heirs, successors and/or assigns of all parties to this agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. ~ ~ ~ L.S. ~ DAVID CICHA~iQWI~B~ STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) d, On the day of June, in the year 2005 before me, the undersigned, personally appeared DAVID CICHANOWICZ personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. ~ ~ V NOTARY P IC wku~w G cncciNs Nedery State of New Yak No.49ti36s9, SWIoIA Counq n~ Cemna,sion Farces Marrh 12. EXHIBIT A DESCRIPTION OF PROPERTY u0 CHICAGO TITLE INSURANCE COMPANY Title NO.: 3809-00288 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THS TOWN OF SOUTHOLD, COUNTY OF SUPFOLK AND STATE OF NHW YORK BEING MGRS PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT SHT ON THH NORTHERLY SIDE OF LESLIE'S ROAD DISTANT 2038.71 FSHT NORTH EAST AS MEASURED ALONG THE NORTHERLY SIDE OF LESLIE'S ROAD FROM SKUNK LANE; RUNNING THENCfi ALONG THH NORTHERLY SIDE OF LESLIE'S ROAD, SOUTH 36 DHGREES 55 MINUTES 20 SECONDS WEST 78.60 FEET; RUNNING THENCB NORTH 21 DEGRSSS 14 MINUTES 30 SECONDS WEST 500.0 FSST; RUNNING THENCE SOUTH 36 DEGREES 55 MINUTES 20 SECONDS.WEST 350.0 FSST; RUNNING THENCE NORTH 21 DHGREES 14 MINUTES 30 SECONDS WEST 2521.84 FBET TO A MONUMENT SST ON THE SOUTHERLY SIDS OF MAIN ROAD; RUNNING THENCE ALONG THH SOUTHERLY SIDE OF MAIN ROAD TH8 FOLLOWING 2 COURSES AND DISTANCES: - 1. NORTH 32 DEGRSSS 36 MINUTES 30 SECONDS EAST 157.99 FSST TO A MONUMENT; 2. NORTH 45 DEGREES '27 MINUTES 25 SECONDS EAST 59.54 FEET; RUNNING THENCE SOUTH 29 DEGRSSS 52 MINUTES 55 SECONDS EAST 129.52 FEET; RUNNING TRENCH SOUTH 21 DEGREES 00 MINUTES 55 SECONDS BAST 523.62 FBET; RUNNING THENCE NORTH 68 DEGREES 59 MINUTES 56 SECONDS BAST 173.35 FHST; RUNNING THENCE SOUTH 21 DHGREES 00 MINUTES 55 SECONDS BAST 2260.17 FEET TO THE NORTHERLY SIDS OF LESLIE'S ROAD AND THH POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 085.00 BLOCK 03.00 LOT 010.004 cecnc -LEGAL DESCRIPTION- C• AGO TITLE INSURANCE COMP•Y Title No.: 3809-00288 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT SST ON THE NORTHERLY SIDE OF LESLIE'S ROAD DISTANT 2038.71 FEET NORTH EAST AS MEASURED ALONG THH NORTHERLY SIDE OF LESLIE'S ROAD FROM SKUNK LANE; RUNNING THENCE ALONG THS NORTHERLY SIDH OF LESLIE'S ROAD, SOUTH 36 DEGREES 55 MINUTES 20 SECONDS WEST 78.60 FEET; RUNNING TRENCH NORTH 21 DEGREES 14 MINUTES 30 SECONDS WEST 500.0 FSHT; RUNNING THENCE SOUTH 36 DEGREES 55 MINUTES 20 SECONDS.WEST 350.0 FEET; RUNNING TRENCH NORTH 21 DEGREES 14 MINUTES 30 SECONDS WEST 2521.84 FEET TO A MONUMENT SET ON THE SOUTHERLY SIDE OF MAIN ROAD; RUNNING THENCE ALONG THE SOUTHERLY SIDS OF MAIN ROAD THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTH 32 DEGREES 36 MINUTES 30 SECONDS BAST 157.99 FEET TO A MONUf~ffiNT; 2. NORTH 45 DSGREES'27 MINUTES 25 SECONDS EAST 59.54 FEET; RUNNING THENCE SOUTH 29 DEGREES 52 MINUTES 55 SECONDS BAST 129.52 FEET; RUNNING THENCE SOUTH 21 DEGREES 00 MINUTES 55 SECONDS EAST 523.62 FEET; RUNNING THENCE NORTH 68 DEGREES 59 MINUTES 56 SECONDS EAST 173.35 FEET; RUNNING THENCE SOUTH 21 DEGREES 00 MINUTES 55 SECONDS EAST 2260.17 FEET TO THS NORTHERLY SIDE OF LESLIE'S ROAD AND TH8 POINT OR PLACH OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SHCTION 085.00 BLOCK 03.00 LOT 010.004 em`u' -LEGAL DESCRIPTION- . - - _ • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 o~apf SOUTyoI Southold, NY 11971 MARTIN H. SIDOR Chair ~ ~ OFFICE LOCATION: WILLL4M J. CREMERS ~ ~ Town Hall Annex KENNETH L. EDWARDS G • O 54375 State Route 25 JOSEPH L. TOWNSEND ~ ~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI liy`,oU M'~~ Southold, NY n 1, Telephone: 631 765-1835 Faa: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2010 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-85-3-10.2 & 97-10-2 Zoning District: A-C Dear Mr. Goggins: have enclosed your most recent submission of the Grant of Easement executed by David Cichanowicz. I have attached a copy of the approved and recorded Access Easement and Drainage Swale Easement executed by Briarcliff Sod, Inc. the property immediately adjacent to Mr. Cichanowicz's, as the drainage swale will span across both properties in the same locations. Please revise your Easement so that the Access Easement and Drainage Swale Easement matches BriarclifFs as the drainage swale spans both properties in the same area. If you have any questions, please do not hesitate to contact this office. Once we have received a copy of the Easement, the Planning Board will review it and we should tentatively be able to grant Final Approval on this Conservation Subdivision in May 2010. Thank you, ~9 7'7~-1~-c~ Tamara Sadoo Planner • GOGGINS & PALUMBO• ~v~ ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. March 2, 2010 TRACY L. xARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel Planning Board of the Town of Southold DONNA M. PALMER 53095 Main Road, P.O. Box 1179 Paralegal Southold, New York 11971 Attn: Tamara Re: David Cichanowicz Subdivision Dear Tamara: In connection with the above referenced matter, enclosed please find the Grant of Easement executed by David Cichanowicz. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Vehour , WT':.LIA:~~f C. GGINS WCG/dmp enclosure y " ..kt x. ~ 1 ~s J 'U i~ ~ ,1 ~ % I~I MAR - 3 2010 s L~ GRANT OF EASEMENT THIS INDENTURE made on this ~s~ day of~ry, 2010, by DAVID CICHANOWICZ residing at 1425 Arshamomaque Avenue, Southold, New York 11971 as the owner of the premises, hereinafter referred to as the GRANTOR, states as follows: WHEREAS the Grantor is the owner of premises located at Leslie Road, Peconic, New York known as SCTM Nos. 1000-085.00-03.00- 010.003; 1000-083.00-03.00-010.004; 1000-097.00-10.00-002.000 and further described at Schedule A attached hereto ; WHEREAS, as a condition of the approval of a certain minor subdivision of property containing 24.82 acres into four (4) lots pursuant to a certain map made by John C. Ehlers surveyed on November 5, 2002, revised on January 13, 2003; and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Easements and Agreements be recorded in the Suffolk County Clerk's Office; and NOW, THEREFORE, in consideration often dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor of the property hereby imposes the following easements and agreements: 1.ACCESS EASEMENT: Lot 1 and 2 are residential lots containing a common driveway and lot 3 is an agricultural parcel with sold developments rights owned by Suffolk County. The nature and extent of the access easements hereby granted are as follows: a. As shown on said subdivision map, an easement is granted to permit access to Lots 1 and 2 from a common driveway within the flag strip on lot 2 more particularly bounded and described in Schedule C, and will be subject to the following terms and conditions: 1. The easement shall run with the land, for purpose of a common driveway which shall be used for ingress and egress to and from Lot 1 and Lot 2 only; 2. This easement shall further allow the installation of underground utilities for the benefits of Lots 1,2 and 3. 3. Specifically, this easement shall allow the placement, installation, maintenance, repair, inspection and replacement of said driveway and utilities, including but to not limited to water lines, electric, cable, gas and any such other utilities as may become available to and from Leslie's Road, a Town Road, to Lots 1 and 2. Lot 3 may connect to above listed utilities, for farming purposes, within said easement area. 4. The owners of Lot 1 and 2 shall share equally the cost of maintenance of the common driveway, including but not limited to litter collection, snow removal and repair of the surface, as necessary, to keep the common driveway in good and working order. 5. The owners of Lots 1 and 2 shall maintain appropriate insurance on their individual homeowners policies for the common driveway. II. DRAINAGE SWALE EASEMENT The nature and extent of the drainage easement is hereby granted as follows: a. Briarcliff subdivision, their heirs, successors or assigns, and the adjacent Chichanowicz subdivision, their heirs, successors or assigns have been directed by the Southold Town Planning board to maintain on their respective parcels a drainage swale intended to retain the farm runoff within the bounds of their respective farms. The farm property owner shall be responsible for their own cost of construction, maintenance and repairs, of the Swale. b. The property owners, their heirs, successors or assigns within each subdivision will cooperate and not interfere with the construction, maintenance and repair of the drainage swale. c. The parties, their successors and/or assigns acknowledge and release the Town of Southold from any and all obligations to maintain the drainage improvements on the property and any liability in connection therewith. III. CROSS EASEMENT a. In order to give access to the abutting parcel, the Grantor hereby grants and authorizes a Cross Easement to "Subdivision of David J. Cichanowicz" located at 1000-97-10-2 which cross easement is located along a common and abutting property line, more or less 500 feet north of Leslie Road, for a distance of approximately 80 feet, for the limited purpose of construction, maintenance and repair of a drainage swale on each farm parcel. b. The cross-easement will assure the owners and the Town that the drainage swales will be maintained, as designed, and functioning for the intended purpose. c. Said cross easement is mutually granted by the owner of the adjacent parcel. d. The cross easement hereby authorizes either property owner to take such measures to prevent damage to the properties or assure that the integrity of the drainage Swale on their respective parcels is not compromised. e. The Grantor is indemnified and held harmless for all liability associated with its own acts or omissions in connection with the Cross Easement. IV. PERMITTED AND PROHIBITEDUSES OF THE COMMON DRIVEWAY Grantor hereby declares that the common driveway shall be used by the Lot Owners of Lot l and 2 their guests and invitees subject to the following restrictions: a. When installing, maintaining, or otherwise servicing utility and service lines, all lot owners shall have their respective agents, employees, contractors and subcontractors, and other respresetatives (i) use reasonable care not to damage the road; (ii) minimize the disturbance of shrubbery or other vegetation along the road; and (iii) upon completion of repair or maintenance, restore the common driveway substantially to the same condition as existed at the time of commencement of the work. b. The common driveway shall not be used for the dumping or abandoning of any solid waste or debris on or along its length. c. No construction or installation of any structures of any kind, permanent or otherwise (including, but not limited to, gates), may be made without consent of Grantor and mutual agreement of the owner of Lot 1 and Lot 2 and Lot 3. d. No construction or installation of any structures and/or landscaping which serve to impede sight lines along, entering upon, or exiting from the common driveway may be made. e. No alteration or modification of the common driveway once constructed, will be permitted without prior written consent of grantor and the Planning Board of the Town of Southold. STATE OF NEW YORK) )SS: COUNTY OF SUFF ~K~C.~J o20 /D On the day of t~i~, in the year-995' before me, the undersigned, personally appeared DAVID CICHANOWICZ personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. / , NOTARY PUBLIC ELAINE 7. VILLANO Notary Public, State of Naw York No. 01VI6029229, SulfoNc Commission Exn~~~r Auq 9,d'0~ I EXHIBIT A DESCRIPTION OF PROPERTY GOGGINS & PALUMBO~ ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 t'~~ 13235 Main Road Mattituck, New York 11952 Phone: (631) 298200 Fax: (631) 298-4214 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. October 3, 2009 TRACY L. xARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel Planning Board of the Town of Southold DONNA M. PALMER 53095 Main Road Paralegal Southold, New York 11971 Attr.: Tamara Sadao Re: David Cichanowicz Subdivision Dear Ms. Sadoo: In connection with the above referenced matter, enclosed please find a certified copy of the filed covenants. Please advise as to any further steps required. Thank you. Ve ly yours, WILLIAM C. O WCG/dmp ,~T~-~llAli f"'s l 1 I~ U ~ i, -r _m_~ • • CC # : C0938988 w COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 09/25/2009 under Liber D00012601 and Page 182 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 09/25/2009 SUFFOLK COUNTn/Y CLERK ~i~ ets.C Q. Y2 JUDITH A. PASCALE SEAL H _ ~ ~ U~ L~ _ i ~ n~ I _ y::.. . _:.rv n~~~:. mn I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/25/2009 Number of Pages: 11 At: 01:50:43 PM Receipt Number 09-0110862 LIBER: D00012601 PAGE: 182 District: Section: Block: Lot: 1000 085.00 03.00 010.003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $55.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $7.15 NO RPT $70.00 NO Fees Paid $172.15 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County Number of pages 1 NFi_ 11F'~~E:i 2!i0S _eu _5 itc_~i1:~3 F•r., This document will be public iueith P. Fyscal record. Please remove all Es.i. '-'F Social Security Numbers L ,_~__,i~r,,,1 prior to recording. c• i_;2 Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page /Filing Fee ~ Mortgage Amt. 1. Basic Tax Handling 00 2. Additional Tax _ TP-584 Su b Total Notation Spec./Assit. - or EA-5217 (County) Sub Total Spec. /Add. EA-5217 (State) _ TOT. MTG. TAX R.P.T.S.A. Dual Town Dual County _ Held for Appointment Comm, of Ed. 5. 00 ~ ~ Transfer Tax ;t Affidavit + . Mansion Tax - ~ r~ ~ The property covered by this mortgage is Certified Copy or will be Improved by a one or two NYS Surcharge 15. 00 ""7 family dwelling only. Sub Total YES or NO Other ^-7 Grand Total / ~ - ~ If N0, see appropriate tax clause on page;ti of this ins nt. ~a ~ 4 Dist 1000 08500 0300 010003 5 Community Preservation Fund Real Prop P S 1000 09700 1000 002000 1000 08500 0300 010009 Consideration Amount $ Tax Servic R app q Agency SEEP-09 CPF Tax Due $ Verificati Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land Goggins. & Palumbo P.0. Box 65 TD Piattituck, New York 11952 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title H B Suffolk County Recording & Endorsement Page This page forms part of the attached Cog2nants and Restrictions made bY~ (SPECIFYTYPE OF INSTRUMENT) na.,ta t hanowicz The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold S rhnl d Toc:~ P1 annine Board In the VILLAGE Peconic or HAMLET of BOXES G THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • ~ DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made on this~~day off J~e~by DAVID J. CICHANOWICZ residing at 1425 Arshamomaque Avenue, Southold, New York 119'71 hereinafter referred to as the DECLARANT, as the owner of premises located at State Road 2S, Peconic, New York and described in Exhibit A annexed hereto (hereinafter referred to as the PREMISES) and further described as SCTM Nos.1000-0$5.00-03.00- 010.003; 1000-083.00-03.00-010.004; 1000-097.00-10.00-002.000; WHEREAS, DECLARANT has made an application to the Planning Board of the Town of Southold, Suffolk County, State of New York for a conservation subdivision of property containing 24.82 acres into four (4) lots pursuant to a certain map made by John C. Ehlers surveyed on November 5, 2002, revised on Januaxy l3, 2003; and WHEREAS, the DECLARANT desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall beheld and shall be conveyed subject to said covenants and restrictions; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Subdivision of "David J. Cicbanowicz" prepared by John C. Ehlers, Licensed Land Surveyor, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and declarations against the above described premises: 1. Future residents of th.e lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 2. The DECLARANT hereby agrees to contain the surface water runoff from Lot 3 on the subject property by constructing a vegetated Swale on Lot 3 running along the southerly end of Lot 3 and running along the northern boundaries of Lots 1 and 2, running S36°55'20"W for 350' in an area sufficiently large enough to contain said surface water runoff from Lot 3 and eliminate any drainage issues as required by §236 of the Southold Town. Code; and 3. The DECLARANT hereby agrees to construct the aforementioned vegetated Swale in accordance with the approved Conservation Subdivision map entitled "Subdivision Map Prepared for David J. Cichanowicz" made by made by John C. Ehlers surveyed on November 5, 2002, revised on January 13, 2003 (See Exhibit A) so that it will be contiguous to the adjacent property line to the west and the vegetated Swale described in the approved Conservation Subdivision map entitled "Clustered. Conservation Subdivision for the Property of Briarcliff Sod Inc." made by John C. Ehlers surveyed on May 23, 1997, last revised on October 29, 2008 and associated filed and recorded Covenants and Restrictions for said property. ~l. The DECLARANT hereby agrees to maintain the structural integrity of the vegetated swale on Lot 3 so that the effectiveness of the vegetated Swale is maintained to prevent surface water run-off from Lot 3 and eliminate any drainage issues and comply fully with §236 of the Southold Town Code. 5. The DECLARANT hereby agrees that stormwater and surface water from the development and improvement on Lots 1 and 2 of the subdivision or any of its lots shall be retained on each lot, and that no storm water shall be discharged on to public lands as required by §236 of the Southold Town Code. b. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner as required by §236 of the Southold Town Code; 7. The DECLARANT shall use pervious driveways to serve each of proposed Lots 1 and 2 as shown on the approved subdivision map; 8. The DECLARANT hereby agrees to implement the following best management practices and requirements for Lot 1 and Lot 2 to improve water quality and water supply in the surrounding local area: a) Use of gutters, leaders and subsurface drywells to retain surface runoff from Lots 1 & 2; b) Use of native plants and use ofdisease-resistant and drought tolerant plants in landscaping of Lots 1 & 2; c) Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply; d) Require the use of low-flow faucets and toilets as recommended by the Suffolk County Water Authority; e) Require pervious driveways to serve Lot 1 and Lot 2. 9. The DECLARANT hereby agrees that where fertilization. is proposed, the following best management practices are to be used for lawn areas on Lots 1. and 2: a) Application and use of fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture; b) Application and use of organic fertilizers, wherein which all nitrogen in the mixture isnon-synthetic; c) Prohibit application of fertilizers within l00 feet of surface waters and wetlands; d) Application of products only during the growing season (typically mid-March through mid-October). 10. The DECLARANT shall plant a landscaped buffer along the northern boundary of residential Lots 1 and 2 bordering the farm. field so as to minimize wind, dust, noise and possible run-off from Lot 3, as well as to minimize or avoid conflicts between Lot 3 and the residential Lots 1 and 2; l 1. The clustered subdivision open space is equal to 1.3,328 square feet and is within reserved land on Lot 3. 12. The DECLARANT shall preserve the area of 13,328 square feet in the development right area as indicated on the approved Subdivision map as clustered conservation open space prohibiting the erection of any permanent structures of any kind. The clustered conservation open space may be used by the DECLARANT for any purpose permitted by §240-44 of the Southold Town Code other than the erection of permanent structures. 13. The DECLARANT shall, prior to any construction activity on Lots l and 2, secure a Permit for Storm Water Runoff from Construction Activity administered by the New York State Department of Environmental Conservation under the Phase Il State Pollutant Discharge Elimination System Program (SPDES) or as may be required by §236 of the Southold Town Code. 14. All utilities shall be located underground. 15. There shall be no further subdivision of Lots 1 and 2 as indicated on the approved subdivision map in perpetuity. 16. There shall be no changes to any of the lot lines without prior Southold Town Planning Board approval. l7. Al.] of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 18. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 19. The aforementioned Restrictive Covenants shall. be enforceable by the Towu of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said Town to enforce the same shall not be deemed to affect the validity of this covenant. 20. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and maybe terminated, revoked or amended only with the written. consent of the majority plus one of the Southold Planning )3oard, or its successor body, following a public hearing. 21. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional.. 22. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 23. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. The within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town. of Southold 'ts successors, after a public hearing. L.S. N IC7 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Sc On the _„~~day of , in the year 2009 before me, the undersigned, personally appeared DAVID CICHANOWICZ personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are} subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instnument, the individual(s) or the person upon behaiFof which tine individual(s) acted, executed the instnament. . r NOTARY PUE IC wkuaa c. eoccuts ~ "asap , r~~,,,p Conm~ssiai Ep„res Mercn 12, ~O/0 EXHIBIT A DESCRIPTION OF PROPERTY Stewart Title Insurance Company Title No: SS24-S-2584 Schedule A Description SCTM - IUUU - U85.UU - 03.00 - OlUAU3 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (New Yak State Route 25), which point is 185.00 feet westerly from a point which is where the northwesterly corner of land of Rose Koraleski intersects the southerly side of Maiu Road (New York Slate Route 25); from said point of beginning: RUNNING THENCE along other land now or formerly of Weutzel the following three courses and distances: South 29 degrees 52 minutes 55 seconds east 138.00 feet; South 74 degrees 18 minutes OS seconds east 123.77 feet; North 68 degrees 59 minutes OS seconds east 49.13 feet to lauds now or formerly of Rose Koraleski; THENCE south 21 degrees 00 minutes 55 secmtds east, 451.57 feet; THENCE south 68 degrees 59 minutes OS minutes west, 173.35 feet; THENCE north 21 degrees 00 minutes 55 seconds east, 523.62 feel; "CHENCE north 29 degrees 52 minutes 55 seconds west, 129.52 feet to the southerly side of Main Road (New York Stale Route 25); 'CHENCE along Ute southerly side of Main Road (New York Stale Route 25) north 45 degrees 27 minutes 25 seconds east, 25.84 feet to the point or place of IEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. Title No. SS24-S-2584 SCTM -1000 - 085.00 - 03.00 - O10.U04 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monuntenl set on the northerly side of Leslie's Road distant 2038.71 feet northeast as measured along the northerly side of Leslie's Road from Skink Lane; RUNNING TI-IENCE along the northerly side oPLeslie's Road south 36 degrees 55 minutes 20 seconds west 78.60 feet; RUNNING THENCE north 21 degrees 14 minutes 30 seconds west 500.0 feet; RUNNING Ti-IENCE south 36 degrees 55 minutes 20 seconds west 350.0 feet; 12UNN1NG '1'1-IENCE north 21 degrees 14 minutes 30 seconds west 2521.84 legit to a monument set ou the southerly side of Main Road; RUNNING THENCE along the southerly side of Main Road the following two courses and distances: North 32 degrees 36 minutes 30 seconds east 157.99 feet to a monument; North 45 degrees 27 minutes 25 seconds east 59.54 feet; RUNNING THENCE south 29 degrees 52 minutes 55 seconds east 129.52 feet; RUNNING THENCE south 21 degrees 00 minutes 55 seconds east 523.62 feet; RUNNING THENCE north 68 degrees 59 minutes 056 seconds east 173.35 feet; RUNNING THENCE south 21 degrees 00 minutes 55 seconds east 2260.17 feet to the northerly side of Leslie's Road and the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. Title No. SS24-S-2584 SCTM -1000 - 097.00 -10.00 - 002.000 ALL that certain plot, piece or parcel of land with the buildings and improvements dtereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the northeasterly side of Bay Avenue (Skunk Lane) and the northwesterly side of Leslies Road distant northerly 1610.11 feet as measured along the northwesterly side of Leslies Road; KUNNING THENCE north 21 degrees 14 minutes 30 seconds west, 500.00 feel; TIIENCE north 36 degrees 55 minutes 20 seconds east, 350.00 feet; THENCE south 21 degrees 14 minutes 30 seconds west, 500.00 feet to the northwesterly side of Leslies Road; THENCE along the northwesterly side of Leslie's Road, south 36 degrees 55 minutes 20 seconds west, 350.00 feet to point or place of BEGINNING. , w ~ J ~ _ ~.r f,, .a. N"~?'PT'~ TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. %S ~ • GOGGINS & PALUMBO• ATTORNEYS AND COUNSELORS AT LAW c~ H~ P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. September 16, 2009 TRACY L. KARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel Planning Board of the Town of Southold DONNA M. PAL~vIER 53095 Main Road Paralegal. Southold, New York 11971 Attn: Tamara ' ~ Re: David Cichanowicz Subdivision SEP 1 7 2009 I R~ , I v - Dear Tamara: In connection with the above referenced matter, enclosed please find twelve (12) paper maps and four (4) mylar maps. We will deliver the park and recreation fee on Monday, September 21, 2009 as well as the filed Declaration of Covenants and Restrictions. Thank you. Very my yo rs, WILLIAM C GO INS WCG/dmp • MAIP.O. BoADDBESS: PLANNING BOARD MEMBERS ~~Of SDUjjfrO Southold, NY 11971 MARTIN H. SIDOR hQ Chair ~ ~ OFFICE IACATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~0 54375 State Route 25 GEORGE D. SOLOMON Q (cor. Main Rd. & Youngs AveJ JOSEPH L. TOWNSEND l~f,~~ ~ Southold, NY Telephone: 631 766-1935 Faa; 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 2009 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Conditional Final Approval: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-85-3-10.2 & 97-10-2 Zoning District: A-C Dear Mr. Goggins: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, September 14, 2009: WHEREAS, this proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk and 13,328 square feet of clustered subdivision open space exists on Lot 3; and WHEREAS, an application for sketch approval was submitted on August 28, 2000, including the sketch plan prepared by John C. Ehlers, L.S., dated June 6, 1999 and last revised October 7, 2000; and WHEREAS, on September 25, 2000, the Southold Town Engineer reviewed the proposed conservation subdivision and recommended that the installation of drainage structures such vegetated drainage swales be constructed to capture the run-off generated by the farm and that this recommendation be included in the Covenants and Restrictions for the proposed conservation subdivision; and WHEREAS, on October 13, 2000, the Southold Fire District determined that adequate fire protection existed for the proposed conservation subdivision; and Cichanowicz Paae Two September 15.2009 WHEREAS, on October 23, 2000, the Suffolk County Planning Commission determined that this proposed conservation subdivision was a decision of local determination; and WHEREAS, on October 23, 2000, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7 established itself as lead agency; and WHEREAS, on October 23, 2000, the Southold Town Planning Board acting as lead agency, made a determination that this was an unlisted action requiring an uncoordinated review and, as such, granted a Negative Declaration; and WHEREAS, on September 13, 2002, a determination was made by the Southold Town Planning Board that, because of the Sale of Development Rights to Suffolk County (Lot 3 totaling 19.41 acres), the conservation subdivision was not subject to the subdivision moratorium; and WHEREAS, on April 12, 2005, the Southold Town Planning Board granted Conditional Sketch Approval upon the plat prepared by John C. Ehlers, L.S., dated November 5, 2002; and WHEREAS, on December 23, 2005, the Southold Town Planning Board reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent as outlined in the December 20, 2005 memo prepared by the LWRP Coordinator; and WHEREAS, on August 18, 2006, the Suffolk County Department of Health Services issued a permit for the proposed conservation subdivision and renewed the permit again on September 19, 2008; and WHEREAS, on February 5, 2008, the New York State Department of Transportation issued a permit for the proposed conservation subdivision; and WHEREAS, all of the conditions outlined in the Conditional Sketch Approval granted April 12, 2005 have been satisfied; and WHEREAS, on May 14, 2009, an application for Final Approval was submitted; and WHEREAS, on Monday, June 8, 2009, a public hearing was held and closed on the Final Plat prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on July 10, 2006; and WHEREAS, on September 11, 2009, a Park and Playground Fee in the amount of $7,000.00 was submitted by the applicant pursuant to Southold Town Code §240-53(G); be it therefore Cichanowicz Page Three Seatember 15, 2009 RESOLVED, that the Southold Town Planning Board hereby accepts the recommendations and consistency determination of the Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval on the map prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on July 10, 2006, subject to the following conditions: 1) Submission of revised Declaration of Covenants and Restrictions to be approved by the Southold Town Planning Board; 2) Provide a copy of the approved filed Declaration of Covenants and Restrictions with the Suffolk County Clerk's Office showing liber and page numbers and that such Covenants and Restrictions affect the subdivision and the properties within it. Upon submission of the required document referenced above, the Planning Board will issue Final Approval via a formal resolution and will endorse the final maps prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on July 10, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Southold Town Planning B~d Work Session Agenda - Paae ~o - August 31, 2009 _ _ , Project name: ,Hudson City Savings Bank SCTM# L 1000-122-3-1.2 Location: 11520 11750 Main Road, Mattituck , Description: ,This site plan is for the proposed construction of 2 buildings tota ing j 13,227 sq. ft. where one proposed two story building is 9,500 sq. ft. of 'office space and the other proposed one story building is 3,241 sq. ft. for a bank use with 65 proposed parking spaces on a 1.931 acre split-zoned ~ parcel in the General Business and Residential-40 Zoning Districts. ; Status: Site Plan Review _ i Action: , Revew a mail from applicant, draft resolution &NYS DOT Approval. Attachments: :Draft Resolution, E-mail, &NYS DOT Approval , Project name: Briarcliff Sod, Inc. - Conserv. SCTM#: 1000- 97-10-1, 85.-3-12.1, 85- 3-12.2 Location: s/s/o NYS Route 25 and the n/s/o Leslie's Road, approximately 1,500 feet e/o Bay Avenue in Peconic Description: Conservation Subdivision of a 24.97-acre parcel into three lots where Lot', 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres from which the Development Rights to 21.22 acres have been j purchased by The County of Suffolk for the purpose of farmland preservation 1 Status: Conditional Sketch Approval Action: Review draft resolution Attachments: ~ Draft Resolution Project name: Cichanowicz, David ,,,SCTM#: 1000- 85-3-10.2, 97 10-2, . , Location: s/o State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie I Road, in Peconic - . Description: This proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 ;equals 73,336 sq. ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2 0 acres. Status: Conditional Sketch Approval Action: Review draft resolution. Attachments: Draft Resolution Project name: 'Sutton, Alexander & Tracy ;SCTM#: 1000-78-9-54, 78-9-78 Location: 111 56 feet northeast of Liberty Lane and Victona Drive, Southold Description: This proposal is fora standard subdivision where two parcels, SCTM#1000-78-09-54 (1.82 ac.) and SCTM#1000-78-09-78 (0.624 ac) will be re-subdivided into two new parcels. Proposed Lot 1 will be 61,899 s.f. and proposed Lot 2 will be 44,587 s f. in the R-40 Zoning Distract. Status: Sketch Approval Action: ;Review new submission. 1 _ . Attachments. MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of SOUjyO SouthOoldNY 1 971 MARTIN H. SIDOR ~Q ~O Chair ~ r 7! OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Route 25 OSEPH LDTOWNSEND OIyCOU~ (con. M Sou ho1dYNY ~ AveJ Telephone: 631 765-1938 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2009 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road, in Peconic SCTM#1000-85-3-10.2 & 97-10-2 Zoning District: A-C Dear Mr. Goggins: The Southold Town Planning Board, at a meeting held on Monday, June 8, 2009, adopted the following resolution: BE IT RESOLVED, that the Southold Town Planning Board hereby closes the final public hearing for the proposed Conservation Subdivision of David Cichanowicz. Please contact this office if you have any questions regarding the above. `Very truly yo~jur~s, \ ~y Q~~ Martin H. Sidon Chairman AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained inglace for seven days prior to the date of the public hearing on June 8, zo 9 I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on June 1, 2009 DAVID CICHANOWICZ c/o n alumbo Signature c/o P.O. Box 65 Mattituck New York 11952 Address ! June 1 2009 D Notary Public DONNA M, P Notary Public, state of Ytxk No. 01 PA506937~, $u11r'~ PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 6/5/09 Re: Proposed Conservation Subdivision for David Cichanowicz SCTM#s: 1000- 85-3-10.2 & 97-10-2 Date of Hearing: Monday, June 8. 2009, 6:05 p.m. _ ' Xn~ - y, w yfr5.~ ~ y.~~`*. tN \ YKp a 4v f ~ ~ ~ ~ ~ • ~y- a'r'Jx.SWY C ~yw~d% ~ • ~ ~ I • • {I s^ I • / iTl ~ • • . ~ ' • • . I r _ ~ _ ®g fro. te~aa. ~ • • ~ H M1~ 10 `I ~ ~ R~ •~4nM _ ~ F`~ Il!Yi"96~~.a ~ ~ a~ ~ ~ postage S~ "•x.44 fg5~ s $ x.0.44 :,95^ y5, m POB~ nl cemmea Fee n'.8v" ~r, ~.c - CerllfletlFee ~2,~Lt (~!I rt' N Poatmady. _ ~ Ralum Recelpt Fee ~ ~ :1Hetp Retum Receipt Fee ~ Py"~ 0 `EMonemem Requlretl) ~ ~ ,t (EMorsemeM Required) b~•lA re. 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Dat of slivery " ti ~ ¦ Attach this card to the back of the mailpiece, ~ C ~t'~uS k~ - or on the front if space permits. /"y' ` (L~ _ - D. Is delivery address dirterenttrom Rem 17 rre " .W, a 1. Article Addressed to: It YES, errter delive ~ t=. ~ q ~ ~f/ //{J ///y/~ ry~dress bebw: ? No / 3. Service Type o ~ n lV" ~ ~ o ~ ~ ~ ~ ~ ~ • [ ? CertMied Mail ? Express Mail ~ \ ~ p ~ ~G Y//~~ ? Registered ? Return Receipt for M ~ ~ 3 1 7 ~ m ~ E ~ ? Insured Mail ? C.O.D. s 3 S O ~ B ~ w o a. Rra¢tdMerl rwln,a.,n ~.~t,a ~1 ? T ~ ' ~ d ~ ~ ~ ~ 2. Artlcl m ~ ~ ~ $ 3 ~ N ~ Irian: ;z ~ \ g n P ~ - a.~~r ~ ~ ~ ~ U ~ ¦ Complete items 1, 2, and 3. Also complete A Sig re ~ -.l kern 4'rf Restdded Delivery is desired. X ~ f,.~ ~ i ~ ¦ Print your name and address on the reverse ~ ? so that we can return the card to you. g. eived by (adored N ) C. Date 3 I o ~ , ~ Y ¦ Attach this card to the back of the mailpiece, a ~ or on the front if space permits. ~ ~ ~ p 8 ? ? ? ~ ~ ~ D. Is delvery adtlress diRerera irom aem 17 ? . ~ (N ~ 7. Article Addressed to: If VES, enter delivery address below: ? N ~ f1J ~ $ ~ ~ , ~ r ~ -B ~ z ~ `7~, ~~C~S 3. Service Type ~ ~ o 3" O ~ ? Certiged Mail ? Express Mell ~ ~ ~ 9 ~ ~ 3 1~ ? Registered ? Return Receipt for M 3 , ? Insuretl Mail ? C.O.D. n 4. Restricted DehvenR !Extra Feel I] N ~ r S Il, ? ~ ? _ `O ? ? 2. ArticlE N ~ ~ o ~ O~ (trans ~ - PS Fom !s9s e ~ • ~ • Complete kepyq 1, 2, and 3. Also complete A Item 4 'rf Restricted pelt re ~ Prim very is desired. Your name and address on the reverse ? Agent so th at w e can return the card to you. Addressee ¦ Attach this card to the back of the mailpiec " B' ReceNetl by (Footed 1 C. Date of Delivery or on the troll ff space permits, 1. Article Addressed to: D. k OelNery address dlRerent from item 17 ? E15o ~ ~~e j M YES. enter delNery address below: ? No /t1. 1 ~.Q~oc~ i ~ ~~y 3. Service Type ///C~~//~~"'//~c ? CenHled Meal ? Express Mail C ? Registered ? Return Receipt for Merchandise C ~t~ ? Insured Mal ? C.O.D. a. Reatdoted Deuveiy'J (Exrre Fee) 2. AMCIe Number ? y~q (rranster 6om service fatal 7007 0710 DO?2 2346 8382 S Form 311, February 2004 Domeagc Return Receipt 102595-02-ergjyp i lI I I WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May-18, 2009 4:00 p.m. Applications: Site Plans Project name______, Harbes Horse Barn _ -TSCTM#: , 1 0 120_1-4_&__112-1-7.6~ Location: _ 715 Sound Avenue, Mattituck _ _ .Description: Site plan to re-locate an 875 s.f. barn from a property in Southold to this Property. _ -f Status: New Site Plan Application -agricultural I Action: Consider _a_cc_e_~tng the application for review. Attachments: None Subdivisions Project name: Manor Grove ~SCTM#: 1000-53-1 -1.2 & 1.3 Location: _ 68775 Main_Road &_650 Albertson Lane, Greenport Description: This proposal is to create a 21ot conservation subdivision from a total of 29.843 acres, where Lot 1 would total .722 acres (31,450 sq. ft) and Lot 2j ~ would total 28.743 acres and will be preserved as open space, in the LB j Zo_nin~District____ - ------I Status: _ Open _ _ Action• _ Review and consider Sketch A~proval._ _ Attachments____ Timeline/Staff Report ~.Pro~t name_ _~Cichanowicz, David _ (-SCTM#: 1000-85-3-10.2, 97.-10-2 'Location: _ - i The property is located. s/o State Road 25, 1506 feet e/o Indian Neck _ 'Road and n/o Leslie Road, in Peconic. _ Description: This proposal is for a conservation subdivision to divide a 24.82 acre I parcel into 4 lots where Lot 1 equals 73,336 sq. ft., Lot 2 equals 73,336 i sq: ft., l_ot 3 equals 19.415 acres upon which the Development Rights ;have been sold to the Coun _of Suffolk, and Lot 4 equals 2.0 acres____ Status. i Conditional Sketch Approval Action Set Final Public Heanng for June 8 via letter to a hp cant. ~ - - - Attachments 1 None_ _ Pg • ~ '~;T Submission Without a Cover Letter Sender: ~ 61~ C Subject: ~ ~ ~ I V i S 1 C~ SCTM#: 1000 - U ~ ~ - I ~ ~ ~ j ~ 3 ~ 3 _ l ~ ~ ~ ~ ~ ' ~ 1 Date: ~ ~ b ~ ~ ~5 Comments: C ~ ~ R ~RF~;~,.,.. ~ . e , < ~ ~1, ' E IL ~i` MAY 1 9 2009 ss i In DECLARATION OF COVENANTS AND RESTRICTIONS Ly~~ THIS DECLARATION made on this ~ ~ day of J, 2009, by DAVID CICHANOWICZ residing at 1425 Arshamomaque Avenue, Southold, New York 11971 hereinafter referred to as the DECLARANT, as the owner of premises located at State Road 25, Peconic, New York and described in Exhibit A annexed hereto (hereinafter referred to as the PREMISES) and further described as SCTM Nos. 1000-085.00-03.00- 010.003; 1000-083.00-03.00-010.004; 1000-097.00-10.00-002.000 desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Planning Board of the Town of Southold, Suffolk County, State of New York for a m subdivision of property containing 24.82 acres into four (4) lots pursuant to a certain map made by John C. Ehlers surveyed on November 5, 2002, revised on January 13, 2003; and WHEREAS, as a condition to approval oft minor ubdivision the Planning Board of the Town of Southold requires the eclarant to record certain covenants and restriction upon said land; and NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and declarations against the above described property: ~ ~ tee.. 1. he DECLARANT hereby agrees to contain the surface water on~N?r'`j~t the s ect property by constructing a vegetated Swale along or near the b's o ~ ~ northern boundaries of lots 1 and 2 in an area sufficiently large enough to S 3 ~ contain said surface water and eliminate any drainage issues that may arise. 7 2. The DECLARANT agrees that storm water and surface water from the d v~opment and improvement of the subdivision or any of its lots shall be retained on each lot, and that no storm water shall be discharged on to / public lands. if ~ (~,.r~r c.~-••~tt' ~ ~ 1 > ~ r,l-~ • R~ V 3. The DECLARANT shall preserve an area of 13,328 square feet in the development right area as open space prohibiting the erection of any I~'" r~.T°'' ermanent structures of any kind. That the open space may be used by the XJ DECLARA for any purpose permitted within its Zoning District other ""t ~ than the erection of permanents structures. ~ yG 4. The DECLARANT shall prior to any construction activity on lots 1 and 2, shall secure a Permit for Storm Water Runoff from Construction Activity administered by the New York State Department of Environmental Conservation under the Phase II State Pollutant Discharge Elimination System Program (SPEDS). 5. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 6. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 7. The aforementioned Restrictive Covenants shall be enforceable by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said'~own to enforce the same shall not be deemed to affect the validity of this covenant. 8. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 9. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitution L.S. DAVID CICHA W C STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ~A~ On the ~ day of die, in the year 2009 before me, the undersigned, personally appeared DAVID CICHANOWICZ personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s) or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC DONNA M. PALMER Notary Public, State of New York No. 01 Ppb5069976, Suffolk Count 1 ~ Commission Expires December 9, _ EXHIBIT A DESCRIPTION OF PROPERTY #9314 • • 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 28`h day of MaV 2009. / Principal Clerk Sworn to before me this _ ` _ day of 2009. LEGAL NOTICE CHRISTINA VOLINSKI .Notice of Public Rearing ~~.OiARy pUBL!i'~S'A7E OF NEW YORK NOTICE IS HEREBY GIVEN that, pursuant lo. Scc[ion 276 of the Town NO. C;i''c,~6105060 Law,a public heacutg wdl be pcld by the OuOlf(i@tl its Suffolk County Southold Town ~Plamm~g BoaFd, at [tie' M1 Y Commisslon Fsplres February 26 4012 Town Hall, Main {load; $op[hbld, New. York on the 8th day btJme;2009bh the quesnoq o~Fihe foltowiogi 6'05 p,mf ProposBd Conservafion ~Subdrvuioq ToYDavid tkohanowicz, to-. wted slo Skate Road 25, 1,506'feet eYo Indtan Neck Road and n/o I,eshe 7ttoai9, in PccoRic Town of $odfhbld 'Cpupty of Suffolk Sta#e of New Yolk Stttfolk . Cdunty '~'az`Idap Nulnti~r :1000- 85'~=. 10.2 & 97-10.2 _ Dated: 5/13/09 - BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman 9314-1T 528 • • MAILING ADDRESS: ~ PLANNING BOARD MEMBERS ~~pf SOUlyO sou la ~IVY11971 MARTIN H. SIDOR ,~O l~ Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~O 54375 State Route 25 JOSEPH L TOWN END lef ~ou'M,~~ (cor. M Sou hold, pry g8 Ave.) IY 1, Telephone: 631 76b-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing ' NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of June, 2009 on the question of the following: 6:05 p.m. Proposed Conservation Subdivision for David Cichanowicz, located s/o State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 85-3-10.2 & 97-10-2 Dated: 5/13/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 28, 2009 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 • • Kalin, Carol From: Legals [legals@timesreview.com] Sent: Wednesday, May 13, 2009 3:50 PM To: Kalin, Carol Subject: RE: another legal ad for 5/28 edition of the Suffolk Times Hi again Carol, I have received your legal ad and we are set to run in the May 28~h issue of the Suffolk Times. Have a nice evening! Candice From: Kalin, Carol [mailto:CaroLKalin@townsouthold.ny.us] Sent: Wednesday, May 13, 2009 3:37 PM To: Legals Subject: another legal ad for 5/28 edition of the Suffolk Times Attached please find a legal ad for the 6/8/09 Planning Board Public Hearing regarding the Cichanowicz Conservation Subdivision at 6:05 p.m. Pleaseprint in the 5/28109 edition of the Suffolk Times. Kindly send me confirmation of receipt of this request. Thank you. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 -Fax: .(631)765-3136 CaroLKalin@townsouthold.ny.us 5/13/2009 • • MAILING ADDRESS: PLANNING BOARDDMEMBER3 ~o~~OF SOUr~olo Sout O Id,oNY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON ~ ~M (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND lxCOUlY 1 , Southold, NY Telephone: 631 76b-1938 Fas: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of June, 2009 on the question of the following: 6:05 p.m. Proposed Conservation Subdivision for David Cichanowicz, located s/o State Road 25, 1,506 feet e/o Indian Neck Road and h/o Leslie Road, in Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 85-3-10.2 & 97-10-2 Dated: 5/13/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 14th day of May, 2009 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town. Clerk's Bulletin Board Southold Town Hall, 53095 Main Road, Southold. New York 6/8/09 Regular Meeting: 6:05 p.m. Public Hearing for the proposed Conservation Subdivision of David Cichanowicz, SCTM#1000-85-3-10.2 & 97-10-2 Carol Kalin Secretary, Southold Town Planning Board Sw~~~~orn to before me this I~'R;day of , 2009. L- C l Notary Public MELANIE DOROSKI NOTARY PUBLIC, State of NeW Ybrk No. OtD04634870 Qualified in Suffolk County farrmission Expires September30,~j 1 p ( • • MAILING ADDRESS: i2MLANNING BOARD MEMBERS ~~Of S~VTyO SouthOoldNY 11971 MARTIN H. SIDOR Chair OFFICE LOCATION: WILLIAM J. CREMERS N ~ Town Hall Annex KENNETH L. EDWARDS G ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND l'YCOU~ Southold, NY Telephone: 631 765-1938 Fas: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTAOLD May 14, 2009 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road, in Peconic SCTM#1000-85-3-10.2 & 97-10-2 Zoning District: A-C Dear Mr. Goggins: The final public hearing regarding the maps for the above-referenced conservation subdivision has been scheduled for Monday, June 8, 2009, at 6:05 p.m. at the Southold Town Hall. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notfication form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing -receipts AND the sinned Green return receipt cards before 12:00 noon on Friday June 5 The sign and the post need to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, `'~y~ ~ j " l~"'t"''v ti1l'~l~.B'~ Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-85-3-10.2 & 97-10-2; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 73,336 sq. ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres. The property is located s/o State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road, in Peconic; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the Internet by sending an a-mail message to: Carol.Kalin@town.southold.ny.us; 6. That a final public hearing will be held on the matter by the Planning Board on Monday, June 8, 2009 at 6:05 a.m. in the Meeting Mall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name:' David Cichanowicz Date: 5/14/2009 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail -return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 6/5/09 .....*......~.,..,,,~..*.,.....«~..~~~.*x,,.......** Re: Proaosed Conservation Subdivision for David Cichanowicz SCTM#s: 1000- 85-3-10.2 & 97-10-2 Date of Hearing: Mondav, June 8, 2009. 6:05 p.m. Town of Southold PC/Codebookfor Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] . Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed bylaw. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town boazd or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s(he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of bearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 DAVID CICHANOWICZ CONSERVATION SUBDIVISON OF DAVID CICHANOWICZ • 1000-85-3-10.2 & 97-10-2 Proposal to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 73,336 sq. ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres. MONDAY -JUNE 8 2009 - 6:05 P.M. ~ _ A_ - - - Y191g6 0a-9 a 12 0 56E SEG 16065 12.n SFE SEG 6a.00S 6-16-V Il-W-9 WTCN irc lu]a u[ w~ra_~- i64 w,a ~ ~ " wra ~ ~ ~ 11-N-e ~ fM fQ-11J. YF Yt~M. oz-u~ol v.) 11.1z t » s6c s6ua. Ol4-OTOIE] 6.\ ban ai. a6 as~la-ol `Y 11.6 2s• ''k, oes-oz-olds \ lan ra.r6 rw ra. w. 1a~ s6[ s[e. 114 s6E she w. 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P xx 1~~~ PROPERTY MM laoem r..a 121 iitl nm u. s... sws.ln [ae416O1 e%E: yr. z,, lf++ ~J ac3~n:._ > Planning Board Work Session~nda Page Two ~ May 11, 2009 Subdivisions Project name: , Cichanowicz, David a SCTM# 1000-85-3-10.2, 97-10-2 Location: s/o Rt.25, 1506' e/o Indian Neck Road and n/o Leslie Road, in Peconic Description: This proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 73,336 sq.ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres. Status: Conditional Sketch Approval Action: Review for granting Conditional Final„Approval. Attachments: Timeline • GOGGINS & PALUMBO • ~ / ATTORNEYS AND COUNSELORS AT LAW ~JC P.O. Box 65 13105 Main Road Mattituck, New York 11952 Phone: (631)298-4200 Fax: (631)298-4214 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PAWMBO, ESQ. September 25, 2008 Southold Town Planning Board TRACY L. KARSCH, ESQ. Town Hall Annex Buildin ofCoansel g DONNA M. PALMER 54375 Main Road Paralegal P.O. BOX 1179 Southold, New York 11971 Attn: Mr. Mark Terry Re: David J. Cichanowicz; Minor Subdivision SCTM No. 1000-097.00-10.00-002.000 1000-085.00-03.00-010.003 1000-085.00-03.00-010.003 Dear Mr. Terry: In connection with the above referenced matter, enclosed please find the original Subdivision Map stamped with approval from the Suffolk County Health Services of Wastewater Management. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Vfry truly yours, "G..} Wi ialn C. og ' s WCG\dmp ' enclosure ~ i ~3 S,~~ , ;t • ~ t GOGGINS & PALUMBO ~ ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13105 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631)298-4214 WILLIAM C. GOGGINS, ESQ. March 3, 2008 ANTHONY H. PALUMBO, ESQ. Southold Town Planning Board TRACY L. xARSCH, EsQ. Town Hall Annex Buildin ofcoaasel g DONNA M. PALMER 54375 Main Road Paralegal P.O. BOX 117y Southold, New York 11971 Attn: Mr. Brumo Semon Re: David J. Cichanowicz; Minor Subdivision SCTM No. 1000-097.00-10.00-002.000 1000-085.00-03.00-010.003 1000-085.00-03.00-010.003 Dear Mr. Semon: Enclosed please find a copy of the Permit issued by the Department of Transportation. Please advise if there are any remaining steps required for the subdivision approval. Thank you. Very ~uly yours ,~~~Jj~~ William C. G gg' WCG\ , ~~~8 7~; 4 t. a v +,J x ~ ~ ! ~ e tlm "`P v~ { 1~ y2 n , 7 i t~t~ i ~ !/'eN I~ 'ix. + '~F4yy"t ar ~ .y~ L~{`~ "y~z'^. r ~+T~ ~1 f~~~+P t' .t J~~`h i . A V~~r ~~b~A t);,T~ ~ la N ' : l~, f~ , . c r v a' ~ C1 r',~ ~?r' fir i ~ 1 ~ r B a ~ ' „jyya', ~i`' ~ ~alx a ; ~a ryzw rv a At 4 "p{ CFayia. ~b m~',yMTc ~ ka i~i nn}~77~~v w~,i v~ y e ~ ~A YrC~ktl ~q~ ~ t+y~ *~i}~5.1~~0d zls ~ hermit ~u , ~ ~ ~ ~ r a~. ~n t a v ~r M r ~ e ~y~ pp ~k"Y ~ ,i pp ~ ~ h ..-Y 1. { ' Y t' r~+r ~ qgt F t €5ss jL3~ T k a k~ ~ b~ ' f .A N r .w n ~ 7~ x z,g r ~ ~ X- ~ ~ep6filt R8~ f0r ` l~yl aacr, ,11 ~ 'P"'~ t ~ z ~ 3 '~`i~t r c~ r r , . a ~ ~ c' c "ah (a~t F ~ ~ ~ ~ ~ f tP ~ ~ ~ ~cltedk~~ar M a No: ~ ~Nr 4 t ~ ~ ~ rx~' xy,,a ~`~a~~''~~ ~~IF a ~'l~tef} r *`T §1 21 /~M F ;A~.a<~~4k~ ~ al. -tr ~ 'fi't wA 5 u C~ { ~ e i a~~ '~a~lV3D CICfiAl00WTGZ Estihiattl ~i~~tfb~,tj~,ied~irt t{se Stata Right of•Way $ ~ 1~ ° ~ t~~~?'' nR ~ Ghar~geabl~ to Bond No ~ rw. - .~v;-:v~ rw.,d~.; ,~mrr~a..w ~ u-x +.a-~.e~.,a. .a m,.wu o i,~ ` ~a H1t 11958~rYf ~ ,1 Y+~~ 3 ~ or Uri~erfaking oh Ffle ~"~''Y ~ y ~ ' ~ ~ g, , , ~,~r Ar . r - ' ~H a ~'Sf_ y .~kylF ..xwe_ ri„.., s.+i-irvt~ .Y yy rv b '~}yip f'ti2:: , r ~ ~.+}1t R e'T rvni+~tm CVY" .h im.prya, yynyt.,~y~l~.(i~}~.1t ~ ¢ Jf a ~ t ~j.>. ~ ~ I 1 ~ ~ a ~i,~ hflf>q°Add ~B''(bOrTlplete!iftfifferent frgtrt above) " Return df Deposit Mf3de Payable to. (complete If different from Permlttee) _ d ' 1 r i~i Undeethe yrovislons of the Highway Law or Vehicle & Traffc Law ermission Is hereby. granted to the permittee to. ~ .TO t nstfuiit i.per~._saintatn conercial access on the.a~sJo NY25 38A! u~o MM 1586'i other incidental cork es per tt t. p~ana i apdcs."All uofk shell 6e to the satisfactton 8ftha Rea.En~ineer.`R11 uotk shall be done in accordance ult ~ .2.3 h 8p~roVad.plana or.AOBE, Maintenance 6 Protection of Traffic shall be raeponeibilttf of pereittee until coupletlon _t df a 1 cork, etc... ~ ~ THEtRERPITTEE IS RESPONSIBLE FOR THE MAINTENANCE AND PROTECTION OF TRAFFIC, ANYONE WORKING IN THE STATE 1 ~ HIGHWAY.]21GHT-OF-WAY IS REQUIRED TO WEAR HIGH VISIBILITY APPAREL (ORANGE/YELLOW) ANDAHARD HAT ~ - ~ I F ! ~p . ~ _SUFFOLK SOVTNOLO 25 k ~ County- Municipality- Route#- ~ y. as set fortes and represented in the attached application at the {z~~oul~r l~ciati6n or area, or over the routes as stated therein, d7equiK@d, ands n pursuant to the conditions and regulations general or special, and rft2tti62js pf performing work, if any; all of which are set forth m the apphcat~on - and form of this permit. 1+. , ~ ~ ie NWPPAUSE, N. Y. ~ I Dated at: A2~B5~2BA8 'Commisstdner of Tr sp anon Date Signed: „EU9ENE SNITN ~ " ,B IMPORTANT ' THIS PERMIT, WITH APPLICATION AND DRAWING (OR COP. S THE~t~OF)A7TACHBDSHAIr~BE PL~CED I HE HANDS OF EC R B ORE ANY WORK BEGINS. THE HIGHWAY WORK PERMIT SHALL BE A LABLE AT THE SITE bU(tlNt~ ONST3p,~ACTION. BEFORE WORK IS STARTED AND UPON ITS COMPLETION;7NE PEIMITTEE ABSOLU+t~L MUST„NOY~FY THE RESIDENT ENGINEER, KEVIN NATTHAEI , 199A 000NTY-AU f59 (631)121-1131 a- ~,RIVEA]]NEkb, NEUq~~AK11901 UPON COMPLETION OF WORK AUTHORIZED, THE FOLLOWING WILL BE CO~APLETED;-SIGNED~BY THE PERMITTEE AND DELIVERED TO THE RESIDENT ENGINEER. Work authorized by this permit has been completed. Refund of deposit or return/release of bond is requested DATE PERMITTEE AUTHORIZED AGENT (If Any) • Work authorized by this permit has been satisfactorily completed and is accepted. Reverse side of this form must be completed:- ? Refund of Deposit is authorized ? Return of Bond is authorized ? Mailing address of refund has been verified ? Amount charged against Bond may be released If different, list new address below.. `Retain Bond for future permits ?,Forfeit of Guarantee Deposit is authorized ' Other. ar i ~ DATE RE6IDENY ENGINEER ~ - ~ ATP' " 'Cji - The Regional Office will forward this form to the Main Office with the appropriate box checked. ~ , DEPARTIVIENT OF TRANSPORTATION Prepared For: ' David J. Cichanowicz SITUATE: PECONIC TOWN: SOUTHOLD SUFFOLK COUNTY, NY SUFFOLK TAX MAP No. NEW YORK 1000-G7-10-2 (pproposed lots 18 2) gTATE 1000-85-3-10.3 (roposed lot 3) ~ 1000-85-3-10.4 (proposed lot 4) , ~ ' .OFT ANS. I SURVEYED: NOVEMBER 5, 2002 - SITE~~APPROOO~i rev. OI-13-03, 02-08-2005, 09-13-2005 DOT INFO ADDED 02-23-2006, Ob-14-2001 10-O1-2001 ~ HATE: S D OWNER 6 APPLICANT: ' DAVID J. GIGHANOWIGZ ` ~ MAIN ROAD ~-yam - ~ - PEGONIG, N.Y. 11935 SCHOOL DISTRICT ><5 FIRE DISTRICT a28 JP~ r I f ~ 4 :j / ~B/If. 4 s . .,.rw.:.:...W ~ ,i ~ i , ..,vim... n~~ Pro Tvc~e: Minor ~~'~i~~k ` vat SC ~ : 1QOE1-,~5 -3-'4.2 ~~l S~1"4'~anowicz. David } i H~ Peconic Qavid Cichanowicz ~ner~rrae: Datirid Cic:hanov~z Zone 1: A-C tie: ' PLAT` lined taste: OPTIONAL ApaTtQNAL II~F?TION A d~N Ydk~s gLLt ws Iww ~scelwd tla rellYf0lNarn~ion Zoe 2. Zone 3• CandR's: No ~ t~sa~ociation R ~t~ lf~f Aereerr~nt: Ate: County Filiruy Date: SCAN ate: Ff • GOGGINS & PALUMBO SUS ATTORNEYS AND COUNSELORS AT LAW ~ ~ 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS September 25, 2006 ANTHONY x. PALUMBO Planning Board of the Town of Southold DONNA M. PALMEk 54375 Main Road Paralegal P.O. Box 1179 Southold, New York 11971 Attn: Mr. Anthony Trezza Re: Subdivision of David J. Cichanowicz; Dear Mr. Trezza: In connection with the above referenced matter, enclosed please find the subdivision map containing Suffolk County Health Department approval Dated August 18, 2006. We are still waiting for DOT approval. If you have any questions, please contact me. Thank you. V truly yours, LIAM INS WCG/dmp S~~ 2 6 ~S)~5 ~ , _ a~ , • ~ ~`Pa ~ ~ ~0~~~ n '1 txceisioa s D `1 STATE OF NEW YORK F'Q _ j DEPARTMENT OF TRANSPO RTATIOf~I ,l A, REGION TEN 250 VETERANS MEMORIAL HIGHW HAU PPAUGE, NEW YORK 1 1788 SOUt;'~~'~ Plarnia? 9pcld . www.dotstate.ny.us SU BIMAL CHA KRA BO RTI, P.E. ,rTHOMAS J. MAQIS REGIONAL DIRECTOR _~~pW yM.ISS10'N'E`~i April 12, 2006 Mr. William C. Goggins, P.C. Attorney and Counselor at Law 13105 Main Road P.O. Box 65 Mattituck, NY 11952 Your March 8.2006 Submission Proposed Subdivision -David Cichanowicz Subdivision Map Dated 11/5/02, Last Revision 2/23/06 Route 25. Cutchoeue SCTM# 1000-97-10-2; 1000-85-3-10.3 & 10.4 Our Case No. OS-146P Dear Mr. Goggins: This is in regard [o the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site work and issuance of a New York State Highway Work Permit, the following items must be addressed: 1. Site plans shall contain all of the information from the checklist we provided in our May 27, 2005 letter to you. The submitted plans do not show the entire site and internal traffic circulation. Please make sure re-submitted plans incorporate all of the information requested. The plan shall also include a key map. 2. The access shall be constructed to provide a minimum width of twenty-two (22) feet. The driveway shall be shown and dimensioned as per our minimum standards for an entrance on a high speed rural highway. Please reference the attached detail for the driveway design at this location. The driveway radius shall be offset From adjacent property line a minimum of five (5) feet. We call you attention to the current NYSDOT policy for access to the State highway which is available on our website at www.dor.state.ny.us. Mr. William C. Goggins April 12, 2006 Page 2 3. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. We made this comment in our May 27, 2005 letter to you and it has not been addressed with this submission. 4. A note shall be added to the plans requiring the contractor to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction. We made this comment in our May 27, 2005 letter to you and it has not been addressed with this submission. 5. We will require the entire width of the Route 25 shoulder be re-constructed for a minimum of the driveway width plus twenty-five (25) feet on each side of the driveway. The limits for shoulder re-construction shall be shown on the plans and it shall include full depth asphalt construction. Tack coat shall be included between every asphalt lift and at the joints between new and existing asphalt pavement edges. Please include the appropriate detail and NYSDOT specification item number. The asphalt item numbers and depths shall conform to current superpave specification item numbers as follows: Top Course - 1-1/2", Item 402.098301M & Item 402.098311M Binder Coutse - 2-1/2", Item 402.198901M & Item 402.198911M Base Course - 6", Item 402.378901M & Item 402.378911M We made this comment in our May 27, 2005 letter to you and it has not been fully addressed with this submission. All asphalt paving shall be shown and called out on the plans. 6. The plan must include the note "Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." We made this comment in our May 27, 2005 letter to you and it has not been addressed with this submission. 7. A driveway profile or on site elevations, including elevations at the State highway right- of-way line, shall be shown on the plans to insure that all drainage is contained on site since we do not permit runoff from property onto our State highways. Please also provide the calculations that demonstrate that the drainage collection and containment proposed has sufficient capacity for the runoff generated on site. 8. The Maintenance and Protection of Traffic plan must include the note "Al] lanes must be open to traffic before 9 AM and after 4 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." Mr. William C. Goggins April 12, 2006 Page 3 9. The "Raphael Just Ahead" sign shall be removed as part of this work. The sign is installed within the State Highway Right-of-Way and it obstructs the driveway sight distance. Signs of this nature along a State highway require permitting approval from our Real Estate Group. This sign does not have any approvals or permits. Please call out the removal of this sign. 10. Any utility work proposed in State Highway right-of-way will require sepazate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan -all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regarding Utility Highway Work Permit (HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit three (3) sets of revised plans for our review. Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. Very truly yours Original Slgne~ By Shalk A. Saari SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold /Ms. Jerilyn Woodhouse, Planning Boazd Chairperson, Town of Southold t/ Mr. Bruno Semon, Senior Site Plan Reviewer, Town of Southold SAS:MDW:SME MAILING ADDRESS: PLANNING BOARD MEMBER ~ P.O. Box 1179 JERILYN B. WOODHOUSE ~o~~OF SO(/j~olo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR H ~ 54375 State Route 25 GEORGE D. SOLOMON ~ ~ ~O (cor. Main Rd. & Youngs Ave.) JOSEPH L. 'POWNSEND OlyCOUIY l' w~ Southold, NY IY I' `v~C•v' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 17, 2006 William Goggins. Esq. 13105 Main Road P.O. Box 65 Mattituck, NY 11952 Re: Conservation Subdivision of David Cichanowicz SCTM#1000-83-3-10.2 & 97-10-2 Dear Mr. Goggins: Enclosed please fine one (1) copy of the LWRP Coastal Consistency Review, which was reviewed by the Planning Board at their work session on January 9, 2006. The Planning Board agreed with recommendations 1,2,3 & 5 and will require that they be incorporated into the Covenants and Restrictions for this project. However, in the interest of protecting and preserving Southold's increasingly sensitive environment, we ask that the property owner carefully consider utilizing the other best management practices. If you have any questions or would like to discuss this further, please feel free to contact this Sin y, Anthony P. Trezza Senior P anner / ~v/fir ' MAILING ADDRESS: ~J PLANNING BOARD MEMBER O SQU~, ! P.O. Box 1179 ' JERILYN B. WOODHOUSE ~~l Southold, NY 11971 ~ y _ Chair ~ ~ !-tom OFFICE LOCATION: WILLL4M J. CREMLKS Town Hall Annex KENNETII L. En1vARD6 G Q 54375 State Route 25 MARTIN H. SIDOR ~ (cor. Maln Rd. & Youngs Ave.) GEORGE D. SOLOMON ~~~~U~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Tot Town of Soulhold Plamiing Board j ~ ~ ~ ~ j From: Mark Terry, Senior Environmental Planner LWRP Coordinator DEC 2 3 2605 Date: December 20, 2005 ~ ~ i 4 Re: Proposed Conservation Subdivision of David Cichanowicz Located slo State Road 25 and I>/o Leslie Road in Peconic - SCTN[#i1000-83-3-10.2 & 97-10-2 ZoningDish-ict: A-C The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold "Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 1. Require the use of gutters, leaders and subsurface drywells to retain surface runoff. 2. Require the use of native plants and encourage the use ofdisease-resistant and drought-tolerant plants in landscaping. 3. Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply. 4. Require low flow faucets and toilets as recommended by the Suffolk County Water Authority. 5. Require pervious driveways to serve each lot. Additionally, where fertilization is proposed the following best management practices are recommended For lawn areas: 6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen m the mixture. 7. Choose organic fertilizers, whereby all nitrogen in the mixture isnon-synthetic. 8. Do not apply fertilizers and pesticides within 100 feet of surface waters and wetlands. 9. Apply products only during the growing season (typically mid-Mazch through mid- October). To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: 10. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenislunent of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this departrnent, the proposed action is generally consistent with the LWRP provided that the above recommendation 1 and 5 are required in any subdivision approvals. It is recommended that the applicant is advised of recommendations 6 through 9. Please contact me at (631) 765-1938 if you have any questions regarding the above. S~~F i MAILING ADDRESS: ~J PLANNING BOARD MEMBERS pOF SQU P.O. Box 1179 JERILYN B. WOODHOUSE O~P r'/Q/_ Southold, NY 11971 nV _ Chair ~ ~ ~F~" OFFICE LOCATION: WILLIAM J. CREMERS ~ ~ Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 MARTIN H. SIDOR ~ (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON lij'COU'M'~~ Southold, NY 111, Telephone: 631 76b-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Planning Board From: Mark Terry, Senior Environmental Planner LWRP Coordinator DEC 2 3 Date: December 2Q 2005 Re: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-83-3-10.2 & 97-10-2 Zoning District: A-C The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 1. Require the use of gutters, leaders and subsurface drywells to retain surface runoff. 2. Require the use of native plants and encourage the use ofdisease-resistant and drought-tolerant plants in landscaping. 3. Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply. 4. Require low flow faucets and toilets as recommended by the Suffolk County Water Authority. 5. Require pervious driveways to serve each lot. Additionally, where fertilization is proposed the following best management practices are recommended for lawn areas: 6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. 7. Choose organic fertilizers, whereby all nitrogen in the mixture isnon-synthetic. 8. Do not apply fertilizers and pesticides within 100 feet of surface waters and wetlands. 9. Apply products only during the growing season (typically mid-March through mid- October). To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: 10. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is generally consistent with the LWRP provided that the above recommendation 1 and 5 are required in any subdivision approvals. It is recommended that the applicant is advised of recommendations 6 through 9. Please contact me at (631) 765-1938 if you have any questions regarding the above. MAILING ADDRESS: PLANNING BoAAD IMI EIMBE~ Fo~aOF SUUr~Olo southOota,errY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS N ac Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Route 25 MARTIN H. SIDOR ~ (cor. Main Rd. & Youngs AveJ GEORGE D. SOLOMON CQp~(,~1 Southold, NY Telephone: 631 766-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-83-3-10.2 & 97-10-2 Zoning District: A-G Dear Mr. Goggins: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, December 12, 2005: WHEREAS, this proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 73,336 sq. ft.; Lot 2 equals 73,336 sq. ft.; Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk; and Lot 4 equals 2.0 acres.; and WHEREAS, the proposed action is classified as a Conservation Subdivision pursuant to Chapter A106 of the Town of Southold Town Code; and WHEREAS, on April 11, 2005 the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Anthony W. Lewandowski, L.S. dated June 28, 1999 and last revised October 7, 2000; and WHEREAS, in a letter dated November 22, 2005, the applicant requested an extension of time as Health Department approval remains pending at this time; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant an extension of time for sketch plan approval from October 11, 2005 until April 11, 2006. If you have any questions, please do not hesitate to contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator 11/2/2005 05:00 6312534411 WILLIAM C GUGGINS PC PAGE B1 S~~ WILLIAM C. GOGGINS, P.G ATTORNEY AND COUNSELOR AT LAW 13105 Main Road 1'.O. Box 6S Mattituck, New York 11952 Phone: (631)298.4200 Fax: (6.11) 296.4214 WiLL1AM C. GOL7G1N5 Fax 765.3136 170NNA M. PALMER Pa+aiogal November 22, 2005 Southdd Town Planning Board P.O. Box ].179 Southold, I~iew York 11971 Attn: Anthony Re: Proposed Conservation Subdivision of David Cichanowicx; Located s/o State Road 25 and n/o Les6e Raad in Peconic; SCTM#1000-083.00-03.00-010.002; 097.00.10.00-002.000; Zoning District A-C bear Amhony: In connection with the above referenced matter, please extend the time for the applicant to complete the subdivision process. 'This matter is still being delayed by the Health Departmart approval.. Thank you. If you have any questions, please do not hesitate to contact the undersig<ted. Very truly yours, William C. Go ' WCG/dl enclosures 1s1A, ,A,~~. f •V•+~ ~LLIAM C. GOGGINS, P.C. • ATTORNEYAND COUNSELOR AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631)298-4200 Fax: (631) 298-4214 w~LUaM c. cocc~Ns ~2, . ~ NAM. PALMBR l„ ~ ~ Paralegal September 16, 2005 ~ ~ c~~` Southold Town Planning Board . P.O. Box 1179 ~ ~ Southold, New York 11971 Re: Proposed Conservation Subdivision of David Cichanowicz Located si'o State Road 25 and n/o Lesiie Road in Peconic SCTM~ 1000-83-3-10.2 & 97-14-2 Zoning District:A-C Dear Sir or Niadam: In connection with the above referenced matter, enclosed please find a completed L WRP Consistency Assesment Form. if you have any questiong, please do not hesitate to contact the undersigned. Vey' trul~ urs, William C. Goy i WCGIdI enclosures Town of Southold ~ • DAVID CICHANOWICZ LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the prepazer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standazds and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessazy, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standazds and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the T i , uthol$'s website (southoldtown.northfork.net), the Board of Trustees Office~the~~ ~ nt,, all'local libraries and the Town Clerk`s office. 1~,\~" nr,c B. DESCRIPTION OF SITE AND PROPOSED ACTION cT-~~ 1 1000-097.00-10.00-002.000 SCTM# 1000 _ 085.00 _ 03.00 - 010.003 1000-085.00-03.00-010.004 ~ The Application has been submitted to (check appropriate response): Town Board ? Planning Dept. 0 Building Dept. ? Board of Trustees ? 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ? construction, planning activity, agency regulation, land transaction) ? (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Subdivision _ ' y Location of action: Main Road, Peconic, New York Site acreage: Present land use: Farm Present zoning classification: R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: David Cichanowicz (b) Mailing address: 1425 Arshamomque Avenue Southold, New York 11971 (c) Telephone number: Area Code ( ) 631-734-7923 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ®No ? If yes, which state or federal agency? NYS DOT DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. ? Yes ? No ? Not Applicable Preserves open space Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ?x Not Applicable } , ~ ~ • • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria ? Yes ? No ? Not Applicable Partial transfer of development right Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria Yes ? No ? Not Applicable Pursuant to surface water retentin as ,per planning board. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ? Yes ? No 0 Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 for evaluation criteria. ? Yes ? No ? Not Applicable r • • f Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III -Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. ? Yes ? No ? Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. ? Yes ? No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. ? Yes ? No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. ? Yes ? No ?x Not Applicable ~ r • • 1 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Loug Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages b2 through 65 for evaluation criteria. Yes ? No ? Not Applicable Open space/transfer of development rights Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ~ Not Applicable • ~ ~ ~ ~ Pa d5 STATE OP NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 1 1 788-55 1 8 SU BIMAL CNAKRABORTI~ P.E. .IOS EPH H. BOARDM/~N REGIONAL DIRECTOR COMMISSIONER May 27, 2005 ' I i Mr. William C. Goggins, P.C. Attorney and Counselor at Law 1 13105 Main Road ~ P.O. Box 65 ' Mattituck, NY 11952 Your Arori121, 2005 ~i mission Proposed Subdivision -David Cichanowicz Subdivision Map Dated 11/5/02, Last Revision 1/13/03 Route 25, CutchoQUe SCTM# 1000-85-3-10.4 Our Case No. OS-146P Deaz Mr. Goggins: This is in regard to the site plans for the referenced project which were submitted to us for review. Our field inspection notes that this parcel is being used for commercial purposes. The entrance does not meet commercial access standards and shall be constructed in accordance with the State policy for commercial access. The applicant shall secure a Highway Work Permit from us prior to re-construction of this access point. Prior to an approval of the site work and issuance of a New York State Highway Work Permit, the following items must be addressed: 1. Site plans shall contain all of the information noted on the attached checklist. Please make sure re-submitted plans incorporate all of the information requested. 2. The access should be contained within the applicant's property. If the applicant proposes to cross the adjoining property owner's parcel for access to the State highway the applicant shall provide us with verification that the adjoining property owner is in agreement with this arrangement and that any access to the adjoining property owners parcel is subject to meeting adjoining driveway offsets as per the current NYSDOT policy for access to the State highway. 3. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, sepazate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. ' Mr. William C. Goggins May 27, 2005 Page 2 4. A note shall be added to the plans requiring the contractor to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction. 5. We will require the entire width of the Route 25 shoulder be re-constructed for a minimum of the driveway width plus twenty-five (25) feet on each side of the driveway. The limits for shoulder re-construction shall be shown on the plans and it shall include full depth asphalt construction. Tack coat shall be included between every asphalt lifr and at the joints between new and existing asphalt pavement edges. Please include the appropriate detail and NYSDOT specification item number. The asphalt item numbers and depths shall conform to current superpave specification item numbers as follows: Top Course - 1-1/2", Item 402.098301M & Item 402.098311M Binder Course - 2-1/2", Item 402.198901M & Item 402.198911M Base Course - 6", Item 402.378901M & Item 402.378911M 6. The plan must include the note "Repair existing shoulder, sidewalk and curbing as ordered by State Engineer." 7. The plans must show all traffic signs, including text, as well as pavement markings, utilities and other appurtenances along the site's State highway frontage. 8. Any utility work proposed in State Highway right-of--way will require sepazate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan -all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regazding Utility Highway Work Permit (HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit three (3) sets of revised plans for our review. Review of the subject material is being coordinated by Mr. Mazk Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regazding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. Very truly yours, "~r L1 ~i SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachment Mc William C. Goggins May 27, 2005 Page 3 cc: My Peter Harris, Superintendent of Highways, Town of Southold w14Is. Valerie Scopaz, Planning Director, Town of Southold Mr. Mark Terry, Town of Southold SAS:MW:DW 0512gf2005 14: 5E 6312984211 WILLIAM C GOGGINS PC PAGE 01 • ~ M I GOGGINS AND PALUlVIBO ~uvrneys arul Cviulselors at I.ccrv 1.31 DS Main Road, f'.0. Box 65 Mattiluck, New Xork [ 1952 TGl.I?PI1pNfi G31-29R-4200 F.AR G~ 1-298-4214 I~ACSIMfI.L'f1sANSMISSION COVCftSI11,E'1' DA`f[s: [ RD1vL William C. Goggins Anthony I-I. Palull~lxi'^ Uonna M. halmer Claine'1'. Viilano FIRM: `II '1~ III A7C R.L. CZ.+ 'I'ota) number of pngec in Ihia h'AnSmiSS~uu includl~>g Dover+Iwef 1I+ YDU ))O NOT 1tECE1VE ALL Ole-'['flk:1}ACN;5 PLCASL' CAf,la OUR Ol•'rIC)L ['ROMP`CI,Y A1' (G31) 298-42UU _ ~ AY ~ ~ COMMENTS _ _ 1.70CUM1?.N'T'S I~NCI;.OSf;I7:+'~ l/` ,'~,r .r.r- CONEWGNTIALPI_YNQ'A'_M.: The documentssccnmpnnyinglhlsfecstuUlelrxnsedubuemdnln ~Q/ cnnndcutia(andlor Icgnlly privfleged infarma0on. 'Yhe information h h,lendnt mdy for the us¢ of ~J ~ the iudividunl nr adity named m, Ihi+ tranymicyion nheaL S` ~ ter' - r~ ~ 05/24/2005 1x:53 E312534211 WILLIAM C GOGGINS PC pq(~ 02 WILLIAM C. GOGGINB, P.C. ATTORNEY AND COLINSELOK A T LAW 13105 Main Road P.O, Box 65 Mattttu~k, New York 11952 Phoee: (b31) 29B+1Z00 Fax 765-31.3b Fax: (631) 298214 WILLIAM C. COGC.INS May 24, 2005 DON[VAM.PALM&R Pur¢Iegnl Pluvaing Board of d1e Town of Southold 53095 Maio Raad Southold, New York 11971 Attn: Mark Terry, S.E.)?, Re: Proposed Subdivision of David J. Cichanowicz; 5CTM Na.1000-083.00-03.00-010.000; SCTM No. 1 DDO-097.10-10.00-002.000 Dear Mr. Terry: Enclosed please End the revision to the covenants and restrictions far the above referenced subdivision in accordance with your letter dated May 23, 2005. Please review and advise. Tltauk you.. V fatly yours L 1115 951<4/2095 14:58 831984211 WILLIAM C GOGu'INS PC PAS 03 • , DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made on this ~ day of May, 2005, by DAVID CICHANOWICZ residing at 1.425 Arshamomaque Avenue, Southold, New York i 1971 hereinafter referred to as the DECLARANT, as the aH•ner of pretnises located at State Road 25, Pecortic, New York and described in Exhibit A annexed hereto (hereinafter referred to as the PREMI5E5} and further described as SCTM Nos. l ODO-085.00-03.00- 010,003; 1,000-083.00-03.00-010.004; 1000-097.00-10.00-002.000 desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Planning Board of the Town of Southold, Suffollc County, State of New York for a minor subdivision of property containing 24.82 acres into four (4) lots pursuant to a certain. reap made by John C. Ehlers surveyed on November 5, 20D2, revised on. January l3, 2003 and further revised on and WHEREAS, as a condition. to approval of the minor subdivision. the Planning Board of the Town of Southold requires the Declarant to record certain covenants and restriction upon said land; and lv'OW, TI~REFORE, the DECLARANT, its successors aadlor assigns hereby sets forth the following covenants, agreements and declarations against the above described property: 1. The DECLARANT hereby agrees to contain the surface water on. the subject property by eonstnrcting a vegetated Swale along or near the northern boundaries of tots 1 and 2 in. an area su$'iciently large enough to contain said surface water and eliminate any drainage issues that may arise. 2. The DECLARANT shall agrees that storm water and surface water from the development and improvement of the subdivision or any of its lots shall be retained on each lot, and that no storm water shall be discharged on ~ public lands. 3. The DECLARANT shall preserve an area. of 13,328 square feet in 85i 24/2905 14: 6312564211 WILLIAM C GOGGINS PC PAGE B4 • the development right area as open space prohibiting the erection of any permanent structures of any kind. That the open space may be used by the DECLARANT for anY Purpose permitted within its Toning District other than the erection of permanents structures. 4. The DECLARANT shall prior to any construction activity an lots l and 2, shall secure a Permit for Storm Water Runofffrom Construction Acti~~ity administered by the New York State Department of Environmental Conservation wader the Phase II State Pollutant Discharge Elimination System Program (SPEDS). 5. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 6. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein anal they are deemed to be incorporated herein and matte a part hereof, as though filly set forth. 7. The afozementioned Restrictive Covenants shall be enforceable by the Trnvn of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. 'The failure of said Yown to enforce the saUGe shall not be deemed to affect the validity of this covenant. 8. These covenants and restrictions shall run with the land and shall be binding upan the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, anal maybe terminated, revoked or amended only with the written consent the approval of a majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 9. if any section, subsection, paragraph, clause, phrase or provision of these covenants and testricbions shall, by a Count of competent jurisdi,etion, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, o[ any other k35l2dl2ud5 iJ: 5fi 631293211 WILLIAM C GOGGINS P~" PAIa'E B5 • J part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. L.S. DAVID CICH.4NOWJCZ STATE OF NEW YORK) )SS: COUivT3t OF SUFFOLK) On the day of May, in the year 2Q05 before me, the undersigned, personally appeared DAVID CICHANOWICZ personally known.. to Izae or proved to me On the basis of satisfactory evideltce to be the individual (s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/herJtheir signature(s) on the instrument, the individual(s) or the person. upon behalf ofwhieh the individuai(sj acted, executed the instniment. NOTARY PUBLIC 85/24%'20175 14:58 E312884211 WILLIAM C GOGGINS PC PAGE 06 Stewart Title Insurance Company 'rtttc No: SS24-S-2584 Schedule A Description SCTM -1000 - USS.OII - 03.11[1- O1(LI)U3 ALU that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate. lyinb and being in Ute Town of Southold, County of Suffolk and State of Nc;w York, bounded and desct•ihed as follows: 13L`CINNINC: at a point an the southerly side of Main Road (New York Stale Route 25), which paint is 1 RS.DO feet westerly from a point which is where lice northwesterly canner of laud of hose ICoraleski intersects the southerly side of Main Road (New Xark Slate Route ZS); fmm said point of beginning; RUNNING THENCC along other land now or formerly of Wert2ei the following three courses attd distvtces: South 29 degrees 52 minutes 55 seconds east 138A0 feet; South 74 rlcgrces 18 ~uinutes 05 secands cast 123,77 feet; North 68 degrees 59 minutes 05 seconds cast 49.13 feet to lands now or formerly of Rosc Roraleski; T}ILNCE south 21 degrees 00 minutes 55 seconds east, 451.17 feet; THENCE south 68 degrees 59 minutes OS minutes west, 173.35 feet; TNENC; nnttlt 2l degrees O0 n,inulas 55 seconds cast, 523.62 feee, T}If'NCE narth 29 degrees 52 minutes 55 seconds west. 129.52 feet to the souUierly side of D~Jain Road (New Yerk State Route 25); 'fFIENCE along the soutltcrly side of Main Road (New York Slate Route 25) north 45 degrees 27 miuules 25 seconds east, 25.R4 feet to the point or place of BEGINNING. "I'OG);THER with al I right, Title and interest of the party of the first part, in and to the land lying in the street in Treat of and adjoining said premises. b5!_^~/2l325 14:.9 6812994.211 WILLIAM C GOGGINS PC PACE B7 • • Title No. 5524-5-2584 SCTi17 - 1, OOU - D85.OU - D3.OU - 0 [0.004 ALL that certain plot, piece er parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and Slate of New York, hounded znd described as follows; iiGGINNING at a monument set ou the nrn-therly side of Lcslic's Road distant 2038 "l feet northeast as measnrad alortg the northerly lido of T.esiic's Road finny Skunk Lane; RUNNING T}IF,NCIJ along the northerly side of Leslie's Road south 36 degrees 55 minu`cs ZO seconds west 78.60 feet; RUNNING'1'1.LENCE nod i 21 degrees 14 minutes 30 seconds west 500.0 feet; KUNN(NG THLrNCis south 36 degrees 55 minutes 20 seconds west 35(1.0 feet; RUNNING'If1iENCE north 21 degrees l4 minutes 30 seconds west 2521.84 feet to a tttanuutent set an the southerly side of Main Road; RUNNING T11T.NCE along the southerly side of Main Road the following two courses anti distances: North 32 degrees 3G minutes 30 seconds east 157.99 feet to a monument; North 45 degrees 27 minutes 25 seconds east 59.54 feet; RUNNING Tk11~,NCE suu0r 29 degrees 52 minutes 55 seconds east ; 29.52 feet; RUNNING TII>'?NCT south 21 degrees 00 minutes SS scccntds east 523.62 feet; RUNNING'i'l.IFN('E norllt G8 degrees Sy minutes 056 seconds errs[ 173.35 foe;t; RUNNING 1'}1CNCE south 21 degrees 00 nainutes 55 seconds east 2260.17 feet to nc~ nortterly side ~f Leslie's Road and the gcint or place of BEGINNING. TOG;rTt tER with all right, title and interest of the party of the Grst part, ir, and to the laud lyhtg in the street itI front of and adjoilutag said premises. ©6/24/2655 1J: 5H 631299~~211 bJILLIAM~ GOGGINS PC pqf~ 6g • • 'T'itle No, SS24-S-2584 SCTM - ]ODD - U9'7.OU - l D.011- 002.000 ALL that certain pioc, piece or parcel oG laird with the buildings and improvements thereon erected, situate, hying and 'using in the Town of goutltold, County of Suffolk and State of New York, bounded and described as follaws~ BEGINNING at the corner formed by the intersection of the nnrlheastcrly side of [iay ,venue (skunk Lane) gild Lhe northwestedy side of Leslies Road dislwtt northerly 1610.11 last as ttteasured along tlae northwesterly side of Lcslies Road; ItIJNNING TFICNCI; north Z1 degrees 74 minutes 30 seconds west, SOOAO Peel; THENCE not~tla 3G degrees 55 minutes 20 seconds cast, 350.00 feet; THENCI: soufn 21 degrees 14 minutes 30 seconds west, 500.00 feet to the northwesterly side of Leslies Road; THENCE along the northwesterly side of Leslie's Road, south 36 degrees 55 minutes 20 seconds west, 350.00 feet to paint or place of BEGINNING. 'i UG$TIIEi'i with all right, title and in!eresl of die party of the first part, in and to the land lying in the street in front cf and adjoining said prentises. • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of SDUjyO SouthOold,oNY 1 971 JERILYN B. WOODHOUSE Chair OFFICE LOCATION: WILLIAM J. CREMERS d+ ac Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Route 25 GEORGE D SOLOMON O~yC ~ (cor. Main Rd. & Youngs Ave.) 0~~, Southold, NY Telephone: 631 76 b-1938 Fax: 631 785-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 23, 2005 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, New York 11952 Re: Proposed Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-83-3-10.2 & 97-10-2 Zoning District: R-80 Deaz Mr. Goggins: The Southold Town Planning Board has reviewed the Covenant and Restrictions submitted April 22, 2005. Please amend the following, 1. Clause 8; please replace with "the written consent of the DEPARTMENT with "the approval of a majority plus one of the Southold Town Planning Board, or its successor body, following a public hearing." 2. Please attach Exhibit A "Description of Property". Upon completion of the above, resubmit the document to the Planning Board for final approval. Please contact me at (631) 765-1938 with any questions. Sincerely, ark B, erry Senior Environmental Planner cc: Kieran Corcoran, Assistant Town Attorney STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 1 1 788-55 1 8 $U BIMAL CH AKRA BORTI, P.E. JOSEPN H. BOARDMAN REGIONAL DIRECTOR COMMISSIONER Apri126, 2005 Mr. William C. Goggins, P.C. Attorney and Counselor at Law 13105 Main Road P.O. Box 65 Mattituck, NY 11952 Your Apri121, 2005 Submission Proposed Subdivision -David Cichanowicz Subdivision Map Dated 11/5/02, Last Revision 1/13/03 Route 25, Cutchogue SCTM# 1000-85-3-10.4 Our Case No. OS-146P Dear Mr. Goggins: This is to acknowledge receipt of your submission on the above permit application. The information that you provided is helpful; however, the map appears to show that the access is located outside the bounds of the applicant's property. Access to a property must be located entirely within an applicant's property frontage and must meet property line offsets as stipulated in our Policy and Standards for the Design of Entrances to State Highways manual. This policy manual is available on our website at http~//www dot state nyus/traffic/safetv/hwp/dwpolind.pdf. Additionally, the access must slope away from the State highway right-of--way or provisions must be made to capture and contain all site generated water on site. We cannot ascertain this information from what has been presented to us. We have enclosed a standard checklist of items to include on submitted plans for your reference. We are still in the process of reviewing your submission. When our review is complete we will notify you by letter so you can provide further direction to the applicant in the Highway Work Permit application process. This permit application should be sensitive to the unique visual and historic setting of the Long Island North Shore Heritage Area, which runs from the Queens/Nassau County line to Orient Point, and from Route 25 or I495, whichever is farther south, north to Long Island Sound. ~ . Mr. William C. Goggins April 26, 2005 Page 2 In all future correspondence, please refer to the subject case number. Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. Very truly yours, ~~11 „ ~ ~ , SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: MJi. Peter Harris, Superintendent of Highways, Town of Southold ~.Ms. Valerie Scopaz, Planning Director, Town of Southold Ms. Wendy Brodsky, Long Island North Shore Heritage Area Planning Commission SAS:MW:DW 04!22!20+75 1i:i9 E312984211 WILLIAM C GOGGINS Pi: PAGE 01 • ~ 5~~~ nT GOGGINS AND PALUMBO Attorneys and Counselors at Law 13105 Main Road, P.O. Sox 65 ~Iattituck, New Rork. l 1952 TELEPl40NE 631-298~42Q0 CAX 631.298-4214 FACSIMILE TRANSMISSION COVER SHEET DATE: ~ ! Z 1-~ ~J,$' FROM: William C. Goggins Anfllony H. Palu(nbo_ Donna M. I'alnlef Elaine T. Villano 1~0' ~ C f_~_.._. f:1.RM: //~~(7? 61~~_L~~ FAX GS- ~j136 -Coral munber of'pages in this tra~uinisslai including cover sheet IF 1'OU AO NOT RECEIVE ALL OF THE PACES PLEASE CALL OUR OFFICE PROMPTLI' AT (631.) 298-4200 COMMEN"fS: DOCUME'VTS ENCLOSED: - " CbNF1Uf~VTfALlT7 NO7E_ The documen?s accompanying chls facslatfle transmission conlaht cantidenlial nndlor Iel{ally privile~W information. The in Fnnnation u intended only for the use of thr indi~iduni nr entilti~ named nm this trensmisslan sheet 04/^^<2f20i 11:19 6312984211 WILLIAIi C GOGGLVS FC PAGE 02 • • WILLIAM C. GOGGII~TS, P.C. ATTDRNEY AND COt.1AiS1;LOR AT LAW ]3x05 Main Road P.Q. Box 65 Mattituck, New York :1952 PA?one: (631) 298-42(10 Pax 765-3136 Pax: 0311 z~s-~z1~ Wt1,.LIAM C. C'.oGC,iNS Apnl 22, aoa5 DONNA M. PALMER Aeralega! Planning Board of the Town of Southold 53095 Main Road Srnrthold, New York 11971 Attn.: Mark Terry, S.E.P_ Re: Proposed Subdivision of David J. Cachanowicz; SCTM No. 1004-083.00-03.00-010.000; 5C'tM No. 1000-097.10-14.00-002.000 Dear Mr, Terry: Enclosed please find a drafl• copy of the covenants and restrictions for the above zeferenced subdivision. Please review and advist, Also, we expect Health Depamnent eppmval within the next two weeks as we11 as the curb out doe~uttentation. 1f you have any questions, please do not hesitate to contact the undersigned. Thank you. Very truly yours, i WIl.L.IAM 1NS 04/2'<'/2005 11:19 6312984211 WILLI:SM C fAGGINS PC PAGE 03 • • DECLARATION` OF COVENANTS AIv'D RESTRICTIONS THIS DECLARA7'TON made vn this ~ day of May, 2005, by DAVID CICHANOWICZ residing at 1425 Arshamomaque Avenue, Southold, New York i 1971 hereinafter referred to as the DECLARANT, as the oumer of premises located at State Road 25, Peconic, New Yoxk and described in Exhibit A annexed hexeto (hereinafter referred to as the PREMISES) and further described as SCTM Nos. 1000-085A0-03A0- 010.003; 1000-083.00-03.00-010.004; 1000-097.00-10.00-002.000 desires to xestriet Che use and enioament of said PItEMIS)~S and has foz such purposes determined to iuapose on said PREMISES covenants and restrictions and does hereby declare that said PREMISE5 shall be held and shall be conveyed subject to the following eovenaMs and restrictions: WHEREAS, DECLARANT has made application to the Plamiirlg Board of the Town. of Southold, Suffolk County, State of New Xork fox a minor subdivision of property containing 24.82 acres into four (4} lots pursuant to a certain map made by John C. Ehlers surveyed on November 5, 2002, revised on January 13, 2003 and further revised on and WHEREAS, as a condition to approval. of the minor subdivision floe Planning Board of the Town of Southold requires the Declarant to record certain covenants and xestriction upon s~.id land; and NOW, THEREFORE, the DECLARANT, its successors and/or assigns hereby sets forth the following covenants, agreements and declarations against the above descnbed property: l . The DECLARANT hereby agrees to contain. the surface water on the subject property by wnstxucting a vegetated swage along vt near the northern boundaries of lots l and 2 iu an area sufficiently large enough. to contain said. surface wager and eliminate any drainage issues that may arse. 2. 'The DECLARANT shall agrees that storm. water and surface water from the development aad improvement of the srlbdivisian or any of its lots slxall be retained on eaci~ lot, and that no storm. water shall be discharged on to public lands. 3. The DECLARANT shall preserve an area of 13,328 square feet in the development right area as open spate prohibiting the exectavn of any pemlanent structures of any kind. That the open space may be used by the DECLARANT for any purpose permitted tiitlrin its Toning District other . 04.!22'200E i_:19 631^^<48=211 WILLIGM C GOGGINS PC FAGS 04 • • than the erection of permanents struchtres. 4. The DECLARANT shall prior to any cotrstrttction activity on lots 1 and 2, shall secure a Permit for Storm Water Runoff from Construction Activity administered by the New York State Depafinent of Environmental Conservation under the Phase II State Pollutant Discharge Elimination System Program (SPEDti), 5. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in del-ogation or limitation upon. any provisions of local, state, and federal laws, ardinaraces, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated, 6. I1us document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deeuln~I lv La urbl~parated herein rmd made n part hereof, ae though fully set forth. 7, The aforertteniioned ResUiclivc C'ovelrants shah be enforccabic by the Town of Southold, County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at Ia,N. The failure of said Yown to enforce the same shall not be deprned to affect the validity of this COVenant. These covenants and restrictions shall nm with the land and shall be binding upon the DECLARANT, its successors and assigns, and. upon all persons or entities claiming under them, and may be terminated, revoked or amended only witl? the written consent of the DEPARTMENT. 9. If any section, subsection, paragraph, clause, phrase or pzo~ision of these covenants and restrictions shall, by a. Court of competent jurisdiction, be adjudged illegal, tmlawful, invalid, or held to be unconstitutional, the carne shall not affect the validity of these covenants as a whole, or any other pan or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. L.S. DAVID CICHANOWiCZ 04i 22i 2045 11:19,_,.., 6322984211 tdIL~IAM C u~rJGGINS PC ~ PAGE 05 STATE OF NE.W YORK) )SS: COUNTY OF SUFFOLK) On the day of April, in the year 20t15 before me, the undersigned, personally appeared DAVLD CICHANOWICZ personally known to me trr proved to me an the basis of satisfactory- evidence to be the individual (s) whose names(s) is (are) subscribed to the within instavment and aclalowIedged to me that he,'she./they executed the same in lus/herltheir capacity(ies), and that by his,Rrcrltheir signature(s) on the instrument, the individual(s) or the person upon behalf" of which the individual(s) acted, executed the instrument. NOTARY PUSIrJC 04/22!2045 i_;i5 E31293~211 WILLIAM C GGGGINS PC PAGE 06 • EXHIBTf A DE5CRiPTION OF PROPERTX MAILING ADDRESS: PLANNING BOARD MEMBERS ~apF SOUryO • P.O. Box 1179 JERILYN B. WOODHOUSE ~Q l~ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS H ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p 54375 State Route 25 MARTIN H. SIDOR ~OIyC ~1 (cor. Main Rd. & Youngs Ave.) GEORGE D. SOLOMON QU~~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2005 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: Proposed Conservation Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-83-3-10.2 & 97-10-2 Zoning District: A-C Dear Mr. Goggins: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, April 11, 2005: WHEREAS, this proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq: ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk; and WHEREAS, the proposed action is classified as a Conservation Subdivision pursuant to Chapter A106 of the Town of Southold Town Code; and WHEREAS, based upon the history and merits of the application, the Planning Board waives Section A106-11 and Article IX; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants conditional sketch approval upon the plat, dated October 7, 2000, subject to the following conditions: 1. Include the zoning district notation on the map. 2. The submission of a Final Plat Application and final plats with a Suffolk County Department of Health Department stamp. ?3. The submission of a curb cut permit from the NYS Department of Transportation. Cichanowicz -Page Two - 4/12/05 4. ~nbmission of a draft covenant and restriction including: a. A clause outlining best management practices (vegetated swale along the northern property boundaries) to eliminate the drainage problems on proposed Lots 1 and 2. A clause to satisfy the SPEDS requirement, stating "Prior to any construction activity, the project will require a general permit for Storm- water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Elimination Discharge System (SPEDS) Program. /c. A clause stating, "Storm-water resulting from the development and VVV improvement of the subdivision or any of its lots shall be retained on each lot. No storm-water shall be discharged to public lands." Sketch plan approval is conditional upon the submission of the Final Plat Application within six months of the date of sketch plan approval unless an extension of time is requested by the applicant and granted by the Planning Board. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of I d reservation will be required. The amount to be deposited with the Town Board shall e $7,000. ($3,500. per vacant lot in the subdivision). Payment is required prior to the final endorsement of the plat. If you have any questions, please do not hesitate to contact this office. Very truly yours, enlyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator MAILING ADDRESS: PLANNING BOARD MEMBE~ --````~OF SOUTy ~ P.O. Box 1179 JERILYN B. WOODHOUSE ~Qvv Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS H ~ Town Hall Annex KENNETH L. EDWARDS G ~ ~O 54375 State Route 25 MARTIN H. SIDOR ,M`` ..A (cov Main Rd. & Youngs Ave.) GEORGE D. SOLOMON C~UIY I `i" Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 15, 2005 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, New York 11952 Re: Proposed Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-83-3-10.2 & 97-10-2 Zoning District: R-80 Dear Mr. Goggins: The Southold Town Planning Board discussed the above application at a worksession held on Monday, March 14, 2005. As you are aware, the conditional sketch plan approval issued on September 12, 2000 has expired. However, the Planning Board has determined that the application meets the 75/75 Clustered Conservation Subdivision criteria and based upon such, has ruled to process the application pursuant to Chapter A106 accordingly. 1. In consideration of the application history and historical Planning Board actions, the Planning Board is willing to reissue Sketch Plan Approval subject to no retroactive requirements or fees at the April 11 meeting. 2. Upon Sketch Plan Approval, the applicant must submit a Final Application and Final Plat with a Suffolk County Department of Health Department stamp including: a. A curb cut permit from the NYS Department of Transportation. b. A draft covenant and restriction including: i. A clause outlining best management practices (vegetated Swale along the northern property boundaries) to eliminate the drainage problems on proposed Lots 1 and 2. ii. A clause that the development right area includes 13,328 sq. ft. of subdivision open space. iii. A clause to satisfy the SPEDS requirement, stating "Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPEDS) program. iv. A clause stating, "Storm-water resulting from the development and improvement of the subdivision or any of its lots shall be retained on each lot. No storm-water shall be discharged to public lands." c. A park and playground fee in the amount of $7000.00. Please contact this office if you have any questions regarding the above. Very truly yours, ark Terry Senior vironmenta Planner cc: Joshua Horton, Town Supervisor Melissa Spiro, Land Preservation Coordinator ~LLIAM C. GOGGINS, P.C~ ~;,U~ ATTORNEYAND COUNSELOR AT LAW ~ 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax 765-3136 Fax: (631) 298-4214 WILLIAM C. GOGGWS March 2, 2005 DONNA M.PALMER Paralegal Planning Board of the Town of Southold 53095 Main Road Southold, New York 11971 Attn: Mazk Terry, 5.E.P. Re: Proposed Subdivision of David J. Cichanowicz; SCTM No. 1000-083.00-03.00-010.000; SCTM No. 1000-097.10-10.00-002.000 Dear Mr. Terry: We were retained by David J. Cichanowicz to help him complete the subdivision process. The application was delayed by his prior agent for his failure to diligently pursue the Health deparhnent approval for the subdivision. We aze within two (2) months of securing Health Department Approval. We were not aware that the above referenced application expired until we were informed on the evening of February 14, 2005 that it was on the calendar for the purpose of expiration. We ask for a retroactive extension of time to pursue the application from March 12, 2001 on the day that this application expired pursuant to section A106-22 A. (1} up to and including February 14, 2005, and a further extension from February 14, 2005 up to August 11, 2005. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Very truly yours, ILLIAM C. GO G Cc: Jerilyn B. Woodhouse, Chairperson ~LLIAM C. GOGGINS, P.C~ s`,~ ATTORNEYAND COUNSELOR AT LAW M 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax 765-3136 Fax: (631} 298-4214 WILLIAM C. CAGGINS Mazch 2, 2005 DONNA M. PALMER Paralegal Planning Boazd of the Town of Southold 53095 Main Road Southold, New York 11971 Attn: Mark Terry, S.E.P. Re: Proposed Subdivision of David J. Cichanowicz; SCTM No. 1000-083.00-03.00-010.000; SCTM No. 1000-097.10-10.00-002.000 Dear Mr. Terry: We were retained by David J. Cichanowicz to help him complete the subdivision process. The application was delayed by his prior agent for his failure to diligently pursue the Health department approval for the subdivision. We aze within two (2) months of securing Health Department Approval. We were not aware that the above referenced application expired until we were informed on the evening of February 14, 2005 that it was on the calendar for the purpose of expiration. We ask for a retroactive extension of time to pursue the application from March 12, 2001 on the day that this application expired pursuant to section A106-22 A. (1) up to and including February 14, 2005, and a fiuther extension from February 14, 2005 up to August 11, 2005. If you have any questions, please do not hesitate to contact the undersigned. Thank you. Very truly yours, LIAM C. GO Cc: Jerilyn B. Woodhouse, Chairperson 03102/2005 1:.; 3i 63125BC 211 WILLIa',M C GOGGINS PC PAGE 01 ~t'VILLIAM C, GOGGIN'S, P.C. • ~et,~~ A..I7'QRNEYAND COII1VSEiORATLAW yc.~`j A9105 Mani Road P.O, t3ox u5 Ivtattltuck, I~1ew York ] 1952 Phone:{631)298.4200 Fax 765v 136 Pax: (631) 298.4210 '++~LL.inM C. COGGINS Mph z, coos mrmnM. r~r nxAa Planning Board of the Tawn of Southald 53095 Main Road Southold, New York 11')71 Attn: Mark Terry, 5.E.P. Re; Proposed Subdivi.4ioa of David J. CLChanowicz; SC'1M No, 1000-f?83.00-03.00.010.000; , SCTM No, 1000-097.10-10.00-002.000 i Dear Mr. Terry: We wore retained by Da~^id J. Cichano~vicT to help him complete the subdivision process. The application was delayed by his prior agent for his failure to diligently pursue the Heath depanxlrent approval for the subdivision. We are within two (2) nrotulls of securing Health Department Approval. We were not aware that the shave referenced application expired until we were informed on the evening of February 14, 2005 that it was on the calendar fat the purpose of expiration. We ask for a retmactiv<: extension of titre to pursue the application from March 12, 2001 on the day that this application expired pursuant w section A106-22 A. (1) up to aytd including February 14, 2005, and a fiutber extension from February 14, 2005 up to August 11, 2005. if you have a>ry quastioas, please do not hesitate to ~:ontact the undersigned. Thank you. Very truly yours, LIAM C. GOCrG Ca: Jerilyn B. Woodhouse, Chairperson • ~gUFFOI,~~o ~ MAILING ADDRESS: TT. A r~?TATq An.A ~T T+FT~rT7Fnay O /~R P.O. ROx l 179 JERILYN B. WOODHOUSE ~ ~~2 Southold, N1 11971 Chair yp OFFICE LOCATION: ~ Town Hall Annex WILLIAM J. CREMERS y'~~~ _aJ~~ 54375 State Route 25 EENNETH L. EDWARDS ~ l~~ (cor. Main Rd. & Youngs Ave.) MARTDQ H. SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 881 786-1835 Fax: 831 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2005 William C. Goggins, Esq. P.O. Box 65 13105 Main Road Mattituck, New York 11952 Re: Proposed Subdivision of David Cichanowicz Located s/o State Road 25 and n/o Leslie Road in Peconic SCTM#1000-83-3-10.2 & 97-10-2 Zoning District: R-80 Dear Mr. Goggins: The ••°~outh~d Town Planning Board, at a meeting held on Monday, February 14, 2004, ado;ted tFSe following resolution: WHEREAS, this proposed subdivision is for 4 lots on 24.82 acres; and WHEREAS, the County of Suffolk purchased Development Rights on Lot 3 equal to 19.15 acres; and WHEREAS, conditional sketch plan approval was granted on September 12, 2000; and WHEREAS, no requests for extension of sketch plan approval were submitted; therefore, be it RESOLVED, pursuant to A106-22 of Chapter A106 (2001), the application is expired. Please contact this office if you have any questions regarding the above. Very truly yours, Jeri~odhouse Y Chairperson cc: Melissa Spiro, Land Preservation Coordinator ~ ~'U~F WILLIAM C. GOGGINS, P.C. ATTORNEYAND COUNSELOR AT LAW P.O. Box 65 13105 Main Road Mattituck, New York 11952 Phone (631)298-4200 Fax 765-3136 Fax (631) 298-4214 w~ucuM c. coccrns May 15, 2003 DONNPA MJP ALMER 8 Planning Board of the Town of Southold 53095 Main Road Southold, New York 11971 Attn: Mark Tetry, S.E.P. Re: Subdivision of David J. Cichanowicz Dear Mr. Terry: Please be advised that I have been retained by David J. Cichanowicz to help him complete the subdivision process. Please advise me as to the status of the application so that I can proceed to conclusion. Thank you. V~ f ours, WILLIAM . GO S WCG/dmp D ~~L~~~ u' Is ~I~~ i i_. Southold Town Plannin Board 05/15/2003 12:21 631298a 21< WILLIA.N C GOG~3IN:~ PAID B1 ~ r ~u~~ WILLIAM C. GOGGINS, P.C. Attorney and Cvurtselor at Law ] 3105 Main Roed, P.Q. Box 65 Mattituck, Mew York t Iy52 TELEP}LONE ti31-298•gZ00 F?17C 631-295-4214 I~'ACSIMILE TRANSMISSION C OVER SHEET DATE: I~~~ FROM: William C. (3oggins~ Donna M. Palmer Elaine T. Viliano TO:_.~_-_~~- ~ _ FIRM: _ FA~C _ 6°~ ~j l Total number of pngee io p[is hansmission inoiudmg w, rr eheat IF YOU AO NOT RECEIVE ALL OF'S'HE PAGIaS PLEASE CALL UUR OFFICE PROMPTLY AT (631) 298-4200 r'OMTtiIENT'S; DOC:JMENTS ENCLOSED: v ~ ~ r vtfNF[DLNT'IALITI' NOTE: 'rue documend aceompanying thla `acalm@e tranamladon evntafu coatitlential and/o. legsily prlvNeged In(armatlon. The leforma[Iw b intended only (or fhe use of trie tndividusl ur cntlty named on lido tranamiasion sheet. p ~ ~ D ~IAY' i 52003 SoutAoW Taws Pfannin Board 65~151~66.3 iZ:'._ 631^-s~2.- ~ LL~_:::r1 C Cd:~G~~1N5 PAGE B2 WILLIAM C. GOGGI~S, P.C. ATlOR1VEYA:JD COUNSELOh AT LAW P.O. ]3oz 65 13103 Main Road Mattituck, New York 1.193:; Phone (~1) 298.4200 Fax 7b~-31 ib Fax (631) 298-4214 wat.t,u~t c. caoavts May X S, ,~Ol}3 noivtvw raLr~t PaategcJ Planaxing Ysoard of the Town of Southold 53095 Main Road Southold.. New York 11971 AStn: Mark Terry, S.E.F. Re: Subdi°?ision of David J. Cichanowir.z Dear Mr. 7. erry: Please tie ad~ased that I have been retained by Uavid J. i:iclzauowicz to help him complete the subdi~ ~sion process. Please ad~zse me as to the status of the applicr:tio~ so that I can proceed to Conclusion. Tha.:•tir ,you. Vyzy rruly ours, w11.,1,1aM c Go s wcc~;intp g~FFO(,~ PLANNING BOARD MEMBERS ~O C~ BENNETT ORLOWSKI, JR. - P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGL9N0 Gy • Telephone (631) 765-1938 WILLIAM J. CREIVIERS O Fax (631) 765-3136 KENNETH L. EDWARDS ~Ol ~ MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2002 James E. Fitzgerald, Sr. Proper-T Permit Service PO Box 617 Cutchogue, NY 11935 Re: Town of Southold Moratorium Major and Minor Subdivisions Minor Subdivision Chichanowitz, David SCTM# 1000-85-3-10.3 & 10.4 & 97-10-2 Dear Mr. Olsen: Enc. I have spoken to Melissa Spiro of the Land Preservation Department regarding the above property. Due to the fact that a Purchase of Development Rights contract has been executed the application is not subject to the moratorium. Please disregard the August 20, 2002 letter. If you have any questions please do not hesitate to contact my office at 631-765-1938. Sincerely, eny mor Environmental a r Cc: Land Preservation Deparment PLANNING BOARD MEMBERS ~~SUFFO~,~co BENNETT ORLOWSKI, JR. ~ P.O. Box 1179 Chairman ~ ~ Town Hall, 53095 State Route 25 d~ Z Southold, New York 11971-0959 RICHARD CAGGIANO ~ ~ Telephone (631) 765-1938 WILLIAM J.CREMERS ~ ~ KENNETH L. EDWARDS 'ydJ~l ~a0`' Fax (631) 765-3136 MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 20, 2002 James E. Fitzgerald, Sr. Proper-T Permit Service PO Box 617 Cutchogue, NY 11935 Re: Town of Southold Moratorium Major and Minor Subdivisions Minor Subdivision Chchanowitz, David SCTM# 1000-85-3-10.3 & 10.4 Dear Mr. Olsen: As you are the agent for the above application please be advised that a Local Law was adopted at the regular meeting of the Southold Town Board on August 13, 2002 entitled "Local Law to a Temporary Moratorium on Processing, Review of, and making decisions on applications for Major Subdivisions, Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold". The Local Law Number 3. 2002 is attached. The Local Law states that the Planning Board Office "shall not accept, review continue review, hold hearing or make any decision upon any application for a subdivision, whether that subdivision application was submitted prior to or after the effecfive date of this law" for a duration of six months beginning August 13, 2002. The above application are covered by the moratorium. If you have any questions please do not hesitate to contact my office at 631-765- 1938. Sincerely, ~w Bennett Orlowski Jr. Chairman Enc. Cc: Josh Horton, Supervisor Town Board Planning Board Greg Yakaboski, Town Attorney Kathleen Murphy, Assistant Town Attorey PLANNING BOARD MEMB~.~ ~S~FFO(,~C L3ENNETT ORLOWSKI, JR. Off, Town Hall, 53095 State Route 25 Chairman h`Z OGy P.O. Box 1179 WILLIAM J. CREMERS O < Southold, New York 11971-0959 KENNETH L. EDWARDS N Z Fax (631) 765-3136 GEORGE RITCHIE LATHAM, JR. O ~ .~C Telephone (631) 765-1938 RICHARD CAGGIANO y~ol # ~a~! PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 24, 2000 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935-0617 Re: Proposed Minor Subdivision of David Cichanowicz SCTM#1000-85-3-10.3 & 10.4 and 1000-97-10-2 Dear Mr. Fitzgerald: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, October 23, 2000: RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration; and BE IT FURTHER RESOLVED that the Southold Town Planning Board adopt the Engineer's Report, dated September 25, 2000. A Declaration of Covenants and Restrictions will be required to guarantee the elimination of drainage problems on proposed lots 1 and 2. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBI~ ~ ~SpFFO(,~~0 • Town Hall, 53095 State Route 25 BENNETT ORLOWSKI, JR. Gy P.O. Box 1179 Chairman `Z` WILLIAM J. CREMERS O ~ Southold, New York 11971-0959 KENNETH L. EDWARDS y Z Fax (631) 765-3136 GEORGE RITCHIE LATHAM, JR. O ~ .tC Telephone (631) 765-1938 RICHARD CAGGIANO y,~~l ~ ~aO\- PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant October 23, 2000 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: Proposed Minor Subdivision of David Cichanowicz SCTM#: 1000-85-3-10.3 & 10.4 and 1000-97-10-2 Location: Between Main Road and Leslie's Road, Peconic SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed minor subdivision is for 4 lots on 24.827 acres. Development Rights have been sold on all of one lot for 19.415 acres. SEAR Neoative Declaration - Paae Two 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. There has not been any correspondence received from the Department of Health Service in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. There has not been any correspondence received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Craig Turner Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Department of Health Suffolk County Planning Commission Suffolk County Water Authority NYS Department of Transportation Elizabeth Neville, Town Clerk Applicant • COUNTY OF SUFFOLK i ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A.I. C. P. DEPARTMENT OF PLANNING DIRECroR oP PLANNING October 16, 2000 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Chichanowicz, David Tax Map No.: 1000-97-10-2 & 1000-80-03-10.3 & 10.4 SCPD File No.: S-SD-79-20.P Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely, Stephen M. Jones, AICP Directoe~ing r " Andrew P. Freleng, A CP Principal Planner APF:cc G9CCHORNY\SUBDMLD2000\OCT\SD79-20-.OCT ' ' 1 4 u t; ~ 2 ~ 2000 Southold Town Planning Board LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR • P. O. BOX 6100 • I51 6) 853-5 I90 I OO VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I I BBB-0099 TELECOPIER (5 1 6) 853-4044 PLANNING BOARD MEMBE~ OgpFFO(,~C • BENNETT ORLOWSKI, JR. QG Town Hall, 53095 State Route 25 Chairman h~ 'yam P.O. Box 1179 WILLIAM J. CREMERS C Southold, New York 11971-0959 KENNETH L. EDWARDS W ~ Telephone (631) 765-1938 GEORGE RITCHIE LATHAM, JR. ~ ~ `F Fax (631) 765-3136 RICHARD CAGGL9N0 y~Ql ~ ~aQ`' PLANNING BOARD OFFICE TOWN OF SOUTHOLD Review of Long Environmental Assessment Form Minor Subdivision of David Cichanowicz SCTM # 1000-85-3-10.3 & 10.4 SCTM #1000-97-10-2 Town of Southold, NY Prepared by Craig Turner, Planner Southold Planning Board October 20, 2000 The proposed minor subdivision of David Cichanowicz is a four-lot subdivision on 24.827 acres. The land is currently divided into three tax parcels because of the sale of development rights to Suffolk County on the lazgest lot of 19.415 acres. It is currently being used for sod farming. There is no building envelope on this lot, so it will not be affected by the subdivision. The smaller lot on Main Road will also not be affected by the subdivision. It currently contains two commercial buildings. The only impact will be the division of SCTM # 1000-97-10-2 into two residential lots on Leslie's Road. Both lots aze slightly undersized for the A-C zone, but they have already received a variance from the Zoning Board of Appeals. The undersized lots were caused by a surveyor's error during the sale of development rights. The two southern lots aze the cause of the problems identified in Part 2 of the Long EAF. There is a rather sudden dropoff of about five feet located a few feet from Leslie's Road. This low area collects a lot of water during heavy storms. The water is not runoff from the road, but rather from the sod farm. There is a slight downwazd slope towazds the road on the southern half of the property. Water that is not absorbed by the grass or soil collects in the low area. Residential construction on the lot could present problems. The Planning Board will require Covenants and Restrictions to be filed with the lots to require that the landowners provide adequate drainage for all water on the lots. This can be accomplished by small leaching pools or other methods. This is a minor problem that can be easily solved. The low area will probably be filled to allow driveways to access the road, which will eliminate the only steep slope azea. The Covenants and Restrictions will completely mitigate the potential problems as listed on the EAF. 14-16-2 (2iR7)-7c • 617.21 • SEAR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full E.AF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine <ignificance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluzte whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlis ed Actions Identify the Portions of EAF completed for this project: ~_//Part 1 Part 2 ?Par[ 3 Upon review of .the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate); and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by tfie lead agency that: A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a Significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. ' A Conditioned N/M?ef~gative Declaration is only vLalidfiforU~nlist/ed Actions /rtinU'~ SLtGdt'viSidP al tiOUtLI (/t%~u/i<-Z PIGnrU~q gOQ~ Name of Action TWh dr S .I ~i24~TU ~~i rsar/vas vim. /i vNc~. ~y ..D~ -~d,Y~-Ct-.. r~i2'Cf'L9.~`IOU1'1t0ewre2- Name of Lead Agency 17ChV1E11' ~rl a.rs Ki - ~l Gl~ifmA11 Print rTy~ Name of Respo O ficer' fLead Agency Title of Responsible Officer Signature of Responsi le Offic r in Lead Agency Signature of parer(Ifdifferentfromresponsibleofficer) J s~? s~oa Da e 1 ART 1-PROJECT INFORMA~ Prepared by Project Sponsor N<)TICL This document n desigrx~rl In assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Minor Subdivision of Pro ert of David Cichanowicz LOCATION OF ACTION (Inclutle Street Atltlress, Munici0ality antl County) (NN) Main Road, Peconic, Suffolk CountyG~ ~-~S~1z~ ku° NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE James E. Fitzgerald, Jr. / Proper-T i'ermit Services (311 734-5800 ADDRESS ~ PO Box 617, Cutchogue NY 11935 CITVIPO STATE ZIP CODE NAME OF OWNER (il different) BUSINESS TELEPHONE David Cichanowicz 6311 734-7923 ADDRESS PO Box 160 Peconic IVY 11958 CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION Subdivide existing approx 24.78 acre parcel into four lots as shown in the proposed plat. Please Complete Each Question-Indicate N.A. if not applicable A. Site DeSC(1Pt10A ° Physical setting of overall project, both developed and ndeveloped areas. 1. Present land use: ?Urban ?Industrial commercial ?Residential (suburban) ?Rural (non-farm) ?Forest ~I,Agriculture ?Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE r`Y,~3 PRESENTLY AFTE COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) aZ acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) _ acres _ acres Roads, buildings and other pavfd surfaces I ,~5 acres r~.~ acres Other (Indicate type) Luuin / ~eslae~hio~ s1Wi~ acres 7,5 acres 3. What is predominant soil type(s) on project site? a Soil drainage: ?Well drained % of site Moderately well drained / % of site ?Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ?Yes ~(No a. What is depth to bedrock? (in feet) i. Approximate percentaEe of proposr oject site with slopes. ~Cj0-10% ~~n % ?10-15% ?15% or gre~ °k 6. Is project substantially rnnGguous to, or contain a building, site, or district, listed on the State or the National Registers of Histonc Places? Gt'es ~No 7 Is project substantially contiguous to a site lis^ted on the Register of National Natural Landmarks? ?Yes ~(No 8 vdhat is the depth of the water tablet ~ ~ o'- (in feet) 9. Is site located over a primary, principal, or sole source aquifer? IffiYes ?No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes lafNo 11 Does project site contain any species of plant or animal life that is identified as threatened or endangered? flYCS ~jNo According to Identify each species 12 Are Ihere any unique or unusual land forms on the project site? (i e., cliffs, dunes, other geological formations) ?Yes I$~,NO Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ?Yes ~No If yes, explain 14. Does the present site include scenic views known to be important to the community? ?Yes ~No nI 15 Streams within or contiguous [o project area: fIONE a Name of Stream and name of River to which it is tributary 16 Lakes, ponds, wetland area; within or contiguous to project area: a. Name NONE b. Size (In acres) ~ ~ ~ w~~R, 17 Is the site served by existing public utilities? es ~ Scw6R a) If Yes, does sufficient capacity exist to allow connection? ?Yes ?No b) If Yes, will improvements be necessary to allow connection? ?Yes ?No 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ),Yes ?No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ?Yes ~NO 20. Has the site ever been used for the disposal of solid or hazardous wastes? ?Yes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a4. K•]~ a. Total contiguous acreage owned or controlled by project sponsor _~/n_ acres. b. Project acreage to be developed: ~.3~ a/cares initially; ~ acres ultimately. c. Project acreage to remain undeve oped ~ acres. d. Length of project, in miles: (If appropriate) r,I e. If the project is an expansion, indicate percent of expansion proposed _!`r~- f. Number of off-street parking spaces existing proposed g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: -O~n~e Family Two Family Multiple Family Condominium Initially IU» Ultimately Tf1~ r r r i. Dimensions (in feet) of largest proposed structure ~ height; ~ wi h/ length. j. Linear feet of frontage along a public thoroughfare project will occupy is? r / ft. 3 rx~~ ~ `r3 >7 ft 2 How much natural material ( rock, earth, etc.) will be removed from. site? tonslcubic yards ' 3. Will disturbed areas be reclai~d? ,Yes ?No ?N/A a Ii yes, for what intended purpose is the site being reclaimed? t/p.T~ l~~(~ b Will topsoil be stockpiled for reclamation? '~J'es ?No c. Will upper subsoil be stockpiled for reclamation? (&Yes ?No 4 How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5 Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ?Yes ~(~lo 6. If single phase project: Anticipated period of construction ~ months, (including demolition). 7. If multi-phased: a Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No 8. Will blasting occur during construction? ?Yes ~No 9. Number of jobs generated: during construction after project is complete ~ A 10. Number of jobs eliminated by this project hlE , 11. Will project require relocation of any projects or facilities? ?Yes ~lo If yes, explain 12. Is surface liquid waste disposal involved? OYes ~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~,1'es ?No Type tbCx~{-IOC~'~ SEPTS(, 14. \Nill surface area of an existing water body increase or decrease by proposal? ?Yes ~.No Explain 15. Is project or any portion of project located in a 100 year flood plain? ?Yes J~,No 16. \Nill the project generate solid waste? ?Yes ~9JJo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ?Yes ?No c If yes, give name location d Will any wastes nol go into a sewage disposal system or into a sanitary landfill? ?Yes ?No e. If Yes, explain 17. Will the project involve the disposal of solid waste? MYes b~No a. Jf yes, what is the anticipated rate of disposal? ~ ~fOMb~ tertsfrrrorrth. b If yes, what is the anticipated site life? N~ years. 18 Will project use herbicides or pesticides? ?Yes ®No 19. \Vill project routinely produce odors (more than one hour per day)? ?Yes Q~No 20. \Nill project produce operating noise exceeding the local ambient noise levels? ?Yes '~jNo 21 WiII project result in an incr~eyase~i`n en~er~gy use? ~d'es ?No If yes ,indicate type(s) (j(JI ~ur-~ 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ?Yes F~No If Yes, explain 4 • 25. Approvals Required: • ~ Submittal Date City, Tnwn, Village Fioard ?Yes ~No City, Town, Village Planning Board .Yes ?NO City, Town ZomnF Board Yes ?No ~ ~1~ ,~l~c Cite. County Health Department ~,1'es ?No ht/~~~ SE'wHL7~- Other Local Agencies ?1'es ~No Other Regional Agencies ?Yes ~$No State Agencies ?Yes ~No Federal Agencies ?Yes ~No C. Zoning and Planning information 1 Does proposed action involve a planning or zoning decision? ,Yes ?No If 1'es, indicate decision required: zoning amendment zoning variance ?special use permit l~subdivision ?site plan ?newJrevision of master plan ?resource management plan ?other 2 What is the zoning classifications)of the site? ~"G 3 \4'hat is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? f 5. What is tAlhe maximum potential development of the site if developed as permitted by the proposed zoning? 1 `,aQ 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? .Yes ?No 7. N'hat are the pre ominan land u (s) and zoni classific do ithi a Y. mile radius of proposed action? ~~v~~f~ ~~>~~~~1 8 Is the proposed action compatible with adjoining/surrounding land uses within a mile? Yes ?No 9 If the proposed action is the subdivision of land, how maony lots are proposed? `J~~ - a. What is the minimum lot size proposed? ~ 6O 10. Will proposed action require any authorization(s) for the formation o4 sewer or water districts? ?Yes ~(~lo . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ?Yes ~.No a. If yes, is existing capacity sufficient to handle projected demand? ?Yes ?No '12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes l~,No a If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify the infor ion vided above is true to the best of my knowledge. Applicant ponsor Name T Date aS Signature i Title ~/T - If the action's n the Coastal Area you are a st a agency, complete the Coastal Assessment Form before proceeding with this as ssment. 5 ' Part 2• ~iOJECT IMPACTS AND THEY •AGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to he an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Ezamples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples andlor lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change 1 1Nill the proposed action result in a physical change to the project e? ONO YES Ezamples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 lid ? Yes ?No foot of length), or where the general slopes in the project area exceed ~YiY2~So l0%. / ~ • Construction on land where the depth to the water table is less than ? ? ?Yes ?No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ? ? ?Yes ?No • Construction on land whore bedrock is exposed or generally within ? ? ?Yes ?No 3 feet of existing ground surface.. • Construction that will continue for more than 1 year or involve more ? ? ?Yes ?No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ? ? ?Yes ?No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ? ? ?Yes ?No • Construction in a designated floodway. ? ? ?Yes ?No • Orher impacts ? ? ?Yes ?No 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)ONO ?YES • Specific land forms: ? ? ?Yes ?No F 1 2 3 Small to Potential Can Impact ee IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 2R, 25 of the Environmental Conservati n Law, ECL) NO ?YES Ezamples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ?No • Dredging more than 100 cubic yards of material from channel of a ? ? ?Yes ?No protected stream. • Extension of utility distribution facilities through a protected water body. ? ? ?Ves ?No • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 4 Will proposed action affect any non-protected existing new body of Hater? ~ NO ?YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ? ? ?Yes ?No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 5. Will Proposed Action affect surface or groundwater ~ quality or quantity? ®NO ?YES Ezamples that would apply to column 2 • Proposed Action will require a discharge permit. ? ? ?Yes ?No • Proposed Action requires use of a source of water that does not ? ? ?Yes ?No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ? ? ?Yes ?No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ? ? ?Yes ?No supply system. • Proposed Action will adversely affect groundwater. ? ? ?Yes ?No • Liquid effluent will be conveyed off the site to facilities which presently ? ? ?Yes ?No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ? ? ?Yes ?No day. • Proposed Action will likely cause siltation or other discharge into an ? ? ?Yes ?No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ? ? ?Yes ?No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ? ? ?Yes ?No andlor sewer services. • Proposed Action locates commercial andlor industrial uses which may ? ? ?Yes ?No require new or expansion of existing waste treatment andlor storage facilities. • Other impacts: ? ? ?Yes ?No 6 Will proposed action alter drainage flow or patterns, or su~rf~ ~ce water runoff? C]NO L~JYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ~ ? es ?No 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Protect Change • Proposed Action may cause substantial erosion ? ??,/YRs ?No • Proposed Action is incompatible with existing drainage patterns. ~ ? QQYes ?No • Proposed Action will allow development in a designated floodway. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON AIR 7. Will proposed action affect air quality? I~NO ?YES Examples that would apply to column 2 • Proposed Action will induce 1.000 or more vehicle trips in any given ? ? ?Yes ?No hour. • Proposed Action will result in the incineration of more than 1 ton of ? ? ?Ves ?No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ? ? ?Yes ?No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ? ? ?Yes ?No to industrial use. i • Proposed action will allow an increase in the density of industrial ? ? ?Yes ?No i development within existing industrial areas. • Other impacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endang ~ed species? fJNO ?YES Ezamples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ? ? ?Yes ?No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ? ? ?Yes ?No • Application of pesticide or herbicide more than twice a year, other ? ? ?Yes ?No than for agricultural purposes. • Other impacts: ? ? ?Yes ?No 9 Vdill Proposed Action substantially affect non-threatenep or non-endangered species? ENO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ? ? ?Yes ?No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ? ? ?Yes ?No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10 Will the Proposed Action affect agricultural land reso rtes? NO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ? ? ?Yes ?No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ? ? ?Yes ?No agricultural land. • The proposed action would irreversibly convert more than 10 acres ? ? ?Yes ?No of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ? ? ?Yes ?No land management systems (e g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ? ? ?Yes ?No IMPACT ON AESTHETIC RESOURCES / 11 Vr'ill proposed action affect aesthetic resources? NO OYES {li necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ? ? ?Yes ?No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? ?Yes ?No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ? ? ?Yes ?No screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ?No IMPACT ON HISTORIC AND ARCHAEOLOGICAL R~URCES 12 V~'ill Proposed Action impact any site or structure of istoric, pre- historic or paleontological importance? NO ?YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ? ? ?Yes ?No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ? ? ?Yes ?No project site. • Proposed Action will occur in an area designated as sensitive for ? ? ?Yes ?No archaeological sites on the NYS Site Inventory. • Other impacts: ? ? ?Yes ?No IMPACT ON OPEN SPACE AND RECREATION 13 will Proposed Action affect the quantity or quality of xisting or future open spaces or recreational opportunities? Examples that would apply to column 2 NO ?YES • The permanent foreclosure of a future recreational opportunity. ? ? ?Yes ?No • A major reduction of an open space important to the community. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No q ~1 2 3 IMPACT ON ~NSPORTATION all to Potential Can Impact Be 14. Will there be an effect to existing transportation sys~t"y,~~s? Moderate Large Mitigated By ENO OYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people andlor goods. ? ? ?Yes ?No • Proposed Action will result in major traffic problems. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON ENERGY , 15 Will proposed action affect the community's source of fuel or energy supply? ~O ?YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ? ? ?Yes ?No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ? ? ?Yes ?No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ? ? ?Yes ?No NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or vibratio as a result of the Proposed Action? NO OYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ?No facility. • Odors will occur routinely (more than one hour per day). ? ? ?Yes ?No • Proposed Action will produce operating noise exceeding the local ? ? ?Yes ?No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ?No noise screen. ~ • Other impacts: ? ? ?Yes ?No IMPACT ON PUBLIC HEALTH ~ 17 ~Nill Proposed Action affect public health and safety?~ C~dNO fJYES Examples that would apply to column 2 ~ • Proposed Action may cause a risk of explosion or release of hazardous ? ? ?Yes ?No substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level ~ discharge or emission. ~ • Proposed Action may result in the burial of "hazardous wastes" in any ? ? ?Yes ?No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) ~ • Storage facilities for one million or more gallons of liquified natural O ?Yes ?No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ? ? ?Yes ?NO ~ i within 2.000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ? ? ?Yes ?NO ~ 10 • 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing ommunity? Impact Impact Project Change O ?YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ? ? ?Yes ?No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ? ? ?Yes .DNo will increase by more than 5% per year as a result of this project. , • Proposed action will conflict with officially adopted plans or goals. ? ? ?Yes DNo • Proposed action will cause a change in the density of land use. ? ? ?Yes ?No • Proposed Action will replace or eliminate existing facilities, structures ? ? ?Yes ?No or areas of historic importance to the community. • Development will create a demand for additional community services ? ? ?Yes ?No (e.g schools, police and fire; etcJ • Proposed Action will set an important precedent for future projects. ? ? ?Yes ?No • Proposed Action will create or eliminate employment. ? ? ?Yes ?No • Other impacts: ? ? ?Yes DNo 19. Is there, or is there likely to be, public controvers related to potential adverse environmental impacts? O OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled , • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) _ 11 ~puTHp~ • V ~ / 0 ~~~Fl(~ 1 'RF pISt R~p~ SOUTHOLD FIRE DISTRICT P.O. [30X 908, SOUTHOLD, N.l'. 11971 (s16) 765-430s October 12, 2000 FAx (s1~> 76s-so76 Craig Turner OCT 13 2000 Southold Town Planning Board PO Box 1179 SOUth01dTOWn Southold, NY 11971 Planning Board Re: David Chicanowicz, SCTM # 85-3-10.2 & 97-10-2 Dear Mr. Turner: The Southold Fire District has reviewed the above-mentioned map and finds adequate fire protection in the area at this time. This decision is valid for one year from the date of this letter. Sincerely, (W1~IIQ ~Q,~VI~L-~. Cynthia Caprise Fire District Secretary Proper-T Permit Services POST OFFICE BOX 617 CUTCHOGUE, NEW YORK 11935-0 61 7 ~51Fj) 734 -5800 October 10, 2000 Mr. Craig Hunter Southold Town Planning Boazd Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Proposed Minor Subdivision of Property of David Cichanowicz SCTM #s 1000-85-3-10.2 and 1000-97-10-2 Dear Mr. Hunter: The letter of authorization and the Transactional disclosure form have been dated, and I am re- turning them herewith. Also, here aze 12 copies of the revised (10/7/00) map showing the proposed building envelopes for Lots 1 and 2 of the subdivision. S' ely, z ~ s E. Fitzgerald ~ g OCT 11 2000 Southold Town Planning Board a subsidiary of THE PECONIC EASTERN CORPORATION • • .1 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 17935-0617 (516) 734 - 5800 October 2, 2000 Mr. Craig Hunter D I~~r~ Southold Town Planning Board I` D Town of Southold Town Hall, 53095 Main Road ~~T Q 4 2~Ud Southold, New York 11971 Re: Proposed Minor Subdivision of Property of David Cichanowicz Southold Town SCTM #s 1000-85-3-10.2 and 1000-97-10-2 Planning Board Dear Mr. Hunter: Enclosed, as you requested, aze a letter of authorization and the Transactional Disclosure Form, both signed by Mr. Cichanowicz. Two points should be clarified: • The official title of the project is "Minor Subdivision of Property of David Cichanowicz", and this is exactly the title shown on the maps which have been submitted to the Planning Boazd. • The SCTM #s shown above aze those which were included in the subject of the Boazd's letter to me of 9/12/00, but #1000-85-3-10.2 was the number ofthe original entire property. The current tax map shows the numbers of the proposed subdivision lots as follows: Lot #1 & Lot #2 together are SCTM #1000-97-10-2 Lot #3 is SCTM #1000-85-3-10.4 Lot #4 is SCTM #1000-85-3-10.3 Please make any changes which may be required in your records. The map is being revised to show building envelopes in Lots #1 and #2, and I will deliver it to you as soon as it is available. erely, ~ , es E. Fitzger 7r. " a subsidiary of THE PECONIC EASTERN CORPORATION . • Post Office Box 160 Peconic, New York 11958 September 29, 2000 Chairman Southold Town Planning Boazd Town of Southoid Town Hall, 53095 Main Road Southold, New York 11971 Deaz Sir: Please be advised that I hereby designate and authorize Jaznes E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for the approval of a minor subdivision of my property located on Leslie Road and des- ignated by Suffolk County Tax Map Nos. 1000-85-3-10.2 and 1000-97-10-2, and to furnish, upon request, supplemental information in support of the application. Sincerely, t ~'-=-~1--~ David Cichanowicz t, • • APP[.ICANT TRANSAC'l'IONAf, llTSCf.OSl1RR PURH The Town of Southold's Code of Gtlrice rolribita conflicts of interest on the art of town off cars and em to eea. 1'tre ur oae of this form is o rovlde information wh clr can alert the town of possible conflicts of ntereat and allow it to take whatever action is necessary to avoid same. xouR NAHR: David Cichanowicz (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such .as a company. IE so, inc)lcate the other person's or company's name.) NATBRR OP APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name t}re activity.) Bo you personally (or through yvnr company, spouse, slblLrg, parent, oc child) have a relationelrip vitl~ any vEEicer or employee of the Tovn of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a buniness, including a partnernlrip, in which the town oEEicer or employee Iris even a partial ovnerehip of (or employment by) a corporation in vTriclr the town oEEicer or employee Duns mere than 5% of the shares.,V/// YES NO If you answered "YF.S," c~mpiete tTse balance cE tTtls form and data end r~i_yn vhp<-a +_rdio_t~d. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the spice provided. The town officer or employee oe hln or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the abates of Che corporate stock of the applicant (when the appl.lcanl; is a corporation); B) the legal or beneficial owner of any interest l.n a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of ttre applicant] or D) the actual applicant. DESCRIPTION O[' RELATiONSIIIP tR Submitted `-day _ Signature Prlnl; name o~~FFOt,~~o ~ G JEAN W. COCHRAN rry~ JAMES A. RICHTER, R.A. SUPERVISOR ~ - ENGINEER TOWN HALL - 53095 MAIN ROAD Dy • ~ TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (516) - 765 - 1366 .~Ol ~ ~a~ Tel. (516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD September 25, 2000 Bennett Orlowski, Jr. Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 D D Re: Minor Subdivision of David Cichanowlcz SCTM 1000 - 97 - 10 - 02 $EP 2 5 2~ 1000-85-03-10.4 1000 - 85 - 03 - 10.3 SOUth01d Town Dear Mr. Orlowski: Planning BOSIrd As per your request, I have reviewed the drainage conditions for the above referenced subdivision. As proposed, lot numbers 1 & 2 are immediately adjacent to Leslie's Road on the southerly portion of the property. This area has had a history of flooding and erosion problems during heavy rainfall events. To alleviate any additional flooding or erosion problems at this location, I would recommend that the Planning Board require a covenant that would require the installation of drainage structures to accommodate all run-off generated by new development throughout this subdivision. If you have any questions concerning this report, please contact my office. Sin rely, J l mes A. is ter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) n~ z PLANNING BOARD MEMBP:1~ ~ ~SUFFO(~? • BENNETT ORLOWSKI, JR. ~Q~ OG~, Town Hall, 53096 State Route 25 Chairman ~ y~ P.O. Box 1179 o Southold, New York 11971-0959 WILLIAM J. CREMERS y KENNETH L. EDWARDS v~ nxi Fax (631) 765-3136 GEORGE RITCHIE LATHAM, JR. y • ~`F~/ Telephone (631) 765-1938 R--~L'~:A~;; CF.GG~AtiO 'j1~1 ~ ~~O y~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD S2o1Ywr~OP.~ ~4 2000 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of Vay~G G; ~hOnow~LZ Hamlet/Locality ~P.ton~L S.C.D.P.W. Topo No.: Zoning lt~ficu~lu~ ~ .onser~~on S.C.TaxMapNo.: 1000-KS-3 -ID.3+IO,~f' low~g7"ID-a Major Sub. Minor Sub.~Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies) Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) S(<eh~, Poor (3 ~~es) ? Waiver of Subdivision Requirements -See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: /~d~~,t- ~ S+~ R~~-~ as SEQRA STATUS: / 1. The project is an Unlisted Action ( ) Type I Action ( )Type II Action 2. A ( ) Nega 've Dec ration ( )Positive aration ( ) Determi 'on of Non-significance has b en a pted by the Planning Board. 3. E.I.S. statement enclosed. ( )Yes No 4. The proposed division has r ceived approval from the Suffolk County Department of Health. ( )Yes (~No Comments: PIa~ ~ u ~ e~ ~S - ~ ~ u ~ a ~e iS /10~" rLnlro~R'-A - 400rW4~ 316~np~n[!}~IfP. lS in /YtY OAQ bB31 Vd~~ We request acknowledgement of receipt of this referr I ( ) Yes (~No Referral received 2000 by the Suffolk County Planning Commission and assigned File No. Sincerely, ~T' Bennett Orlowski, Jr. Chairman rev. 6/94 PLANNING BOARD MEMBES ~~gOfFO(,~c • BENNETT ORLOWSKI, JR. Town Hall, 53095 State Route 25 Chairman OGy P.O. Box 1179 WILLIAM J. CREMERS p < Southold, New York 11971-0959 KENNETH L. EDWARDS H x Fax (631) 765-3136 GEORGE RITCHIE LATHAM, JR. O ~ .tc Telephone (631) 765-1938 RICHARD CAGGIANO T'~Ol ~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 18, 2000 Cynthia Caprise, Secretary Southold Fire District P.O. Box 908 Southold, New York 11971 Dear Ms. Caprise: Enclosed please find one (1) survey dated June 28, 1999, for the Minor Subdivision for David Cichanowicz located on Main Road and Leslie's Road, Peconic. SCTM#85-3-10.2 & 97-10-2 0 The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fare- wells are needed. Please specify whether farewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any farewells are needed. Please specify whether farewells are shallow or electric. Thank you for your cooperation. SincerelyC~ Cr~Turner Planner enc. PLANNING BOARD MEMB>~ ~ QSVFfUF BENNETT ORLOWSKI, JR. Q~' OG~ Town Hall, 53095 State Route 25 Chairman ti~ y~ ' P.O. Box 1179 WILLIAM J. CREMERS y ~ ~j Southold, New York 11971-0959 KENNETH L. EDWARDS Z Fax (631) 765-3136 W Al GEORGE RITCHIE LATHAM, JR. ~ • ~ , Telephone (631) 765-1938 RICHARD CAGGIANO yiJ~01 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Se~olesWgr ~g~ 2000 James Richter Engineering Department Southold Town Hall Southold, NY 11971 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: /hrnalSa6c~'osio„ of Dwwu C.i.~uMew~~z Tax Map No.: 1000-KS-3-Caa*la ,,,d q~-lo-d Street Location: ~R„d o„~ Hamlet Location: Type of Application: Sketch Subdivision Map (Dated ~ / dg / ~1 ) Preliminary Subdivision Map (Dated / / ) Final Subdivision Map (Dated / / ) Road Profiles (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) comments P~ e r yew fvr r . r d i a nv~ Contact person:_ ~T~(nyr PLANNING BOARD MEMBEZ~ ~y~'~ ~UffU(~- ~ c_ BENNETT ORLOWSKI, JR. Q~~ ~ Town Hall, 53096 State Route 25 Chairman Gy~~ P.O. Box 1179 WILLLAM J. CREMERS ~ ~ ~ 6onthold, New York 11971-0959 ti 2 ~ Fax (631) 765-3136 KENNETH L. EDWARDS ~ n~ GEORGE RITCHIE LATHAM, JR. ;Z • Telephone (631) 765-1938 RICHARD CAGGIANO 'jJ01 ~ ~.DO ,+r' 1-~src.~.ir.J PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ig , 2000 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: /~I,1,o~ Subdi'v~slen of ~ow`G Gi~hGnowif.Z Requested Action: M~~~ ~rla~~l_x~b, aF lnfs pn a'f $d7 acres Aev~loernPilf" rLWt Auld ~ .SuffallC CowtFy en 19 ~'IS ades 3). SEQRA Classification: ()Type I (,/f Unlisted Contact Person: Cirn;n Turner (516) 7 -1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (V) This agency wishes to assume lead agency status for this action. ( )This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. Chairman cc: $eaFd-e€~per~ls D ~.nnJ .f T.. ..L... Southold Town Board #Suffolk County Department of Health Services ~NYSDEC -Stony Brook hl'f3@E~--,44f~ar~y r New York State Department of Transportation MSuffolk County Water Authority *Maps are enclosed for your review rev. 4/94 ~PI.ANNING BOARD MEMBER gpfFO(,~ BENNETT ORLOWSKI, JR. Off, ~ Town Hall, 53095 State Route 25 Chairman h~ O C~l/y P.O. Box 1179 WILLIAM J. CREMERS o Southold, New York 11971-0959 KENNETH L. EDWARDS ti Z Fax (631) 765-3136 GEORGE RITCHIE LATHAM, JR. O ~ .!C Telephone (631) 765-1938 RICHARD CAGGIANO 'f,~Ol ~ ,~0~`- PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 2000 Mr. James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935-0617 Re: Proposed Minor Subdivision of David Cichanowicz SCTM#1000-85-3-10.2 and 1000-97-10-2 Dear Mr. Fitzgerald: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, September 11, 2000: WHEREAS, the proposed minor subdivision is for 4 lots on 24.827 acres; and WHEREAS, the property is located in an A-C Zone; and WHEREAS, Lot #3 has had development rights sold to Suffolk County; and WHEREAS, the Zoning Board of Appeals has issued a variance for the undersized Lots #1 and #2 on January 19, 2000 (Appl. No. 4776); be it therefore RESOLVED, that the Southold Town Planning Board grant sketch approval on the map dated June 28, 1999 with the following conditions: 1) Building envelopes prepared for review by the Planning Board shall be shown for all buildable lots on the final map; and BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Cichanowicz - 9/12/00 - Paoe Two Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38(e) of the Town Code. The amount to be deposited with the Town Board shall be $6,000.00 (two thousand dollars per vacant lot in the subdivision). Payment is required prior to any final endorsement of the subdivision. The sketch plans have been referred to the Suffolk County Planning Commission, the Town Engineering Inspector and the Southold Fire Department for review. The Planning Board may require covenants and restrictions upon review of the reports and review of the final map. You will be notified if any covenants and restrictions are required. Please contact this office if you have any questions regarding the above. Very truly yours, Be+~ 8~ ~ G~ Bennett Orlowski, Jr. Chairman Proper-T Permit Services ~ s POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 71935-0617 (516) 734 -5800 August 18, 2000 C/j ff y~ oa 8'3~ 6ao . i "DRAWER.. Chairman Southold Town Planning Board Town of Southold Town Hall, 53095 Main Road Southold, New York 11971 Re: Proposed Minor Subdivision of Land ofDavid Cichanowicz; SCTM #1000-85-3-10.2 Dear Sir: Enclosed are documents which have been prepared in support of a request for the approval of a minor subdivision of land of David Cichanowicz. Proper-T Permit Services represents Mr. Cichanowicz in this matter and a letter of authorization is enclosed. If you have any questions or need additional information, please call me. ' erely, , r j J s E. Fitzgeral Enclosures: Application for Approval of Plat ~ Filing fee ($3000) ~ ~ : a ~ , ~ Survey of property; Lewandowski, (12 copies) " Deed, copy AUG 'L fS 2000 Form letter re: grading, etc. Full EAF, Part 1 Planning Board Questionnave SCitx?ttciis d ~.I~Jfl Tax map PlawSning lsuard a subsidiary of THE PECONIC EASTERN CORPORATION .a-~ ~ ~ ~ COUNTY OF SUFFOLK 31~~~ p ~~ad~ RoT3ETrr J. GAFFNEY SUFFOLK COUNiY IXECUnVE ~ ~ A.I.C.P. DEPARTMEM OF PLANNING DIRECTOR NING February 3, 2000 Town of Southold Zoning Boazd of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. - Annli g) Municipal File Number(~SL Southerland, Derith 4775 Cichanowicz, David 4776 Very truly yours, Stephen M. Jones Duector of Planning S/s Gerald G. Newman Chief Planner GGN:cc G:ICCHORNYIZONINGIZONINGMpRgNIXD2000iFEFfISD0775.W PD LOCA710N MAILING ADDRTE55 H. LEE DENNISON BLDG. - 4TH FLOOR ¦ P. O. BO% D 100 ¦ t5 16) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-009fl TELECOPIER (516) 853-4044 of a(et.:,- s-....-l. / ~ ~.i~y APPEALS BOARD MEMBERS O~gOfFOtx~o Southold Town Hall „Y~ Gy 53095 Main Road Gerard P. Goehringer, Chairman ~ o P.O. Box 1179 James Dinizio, Jr. y x Lydia A. Tortora ~ Southold, New York 11971 Lora S. Collins y ~ Ott ZBA Fax (516) 765-9064 George Homing 'hOj ~ ~`a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 19 ,2000 AppL No. 4776 -David Cichanowirz 1000-85-3-10.2 and 97-10.2 STREET & LOCALITY: North Side of Leslie Road, Peconic. DATE OF PUBLIC HEARING: January 13, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION• The subject property is located along the north side of Leslie Road, Peconic. BAS15 OF APPLICATION: Building Inspector's October 19, 1999 Notice of Disapproval which states that under Article III, Section 100-32, the proposed subdivision creates two lot sizes of 73,332 sq. ft. and the bulls schedule;requires aconforming lot to be a minimum of 80,000 sq. ft. AREA VARIANCE RELIEF REQUESTED: Applicant requests approval of the size of two proposed lots in this subdivision project containing an area of 73,332 sq. ft. as shown on the minor subdivision map prepared by Anthony Lewandowski, Surveyor, dated June 28, 1999. Each lot has a finmage of 175 minimum along Leslie Road and an average lot depth of 500 feet. The property is located in anAgricultural-Conservation Zone District. REASONS FOR BOARD ACTION DESCRIBED BELOW Based on the testimony and record before the Board, and personal inspection, the Board makes. the following findings: 1. Groat of the area variance to create two lots of 73,33250 sq. each, herein described as lot No. 1 and lot, No. 2, will not produce an undesirable change in the character of the neighborhood or a detrime~ to nearby properties. Most of the properties in the surrounding area are devoted to agricultural production and the size of the proposed lots (1.8 acres each) are larger than the nearest improved property which is 1.1 acres. 2. The benefit sought by applicant cannot be achieved by some method, feasible for appellant to pursue, other than an area variance because the developmem rights to the adjacent lands comprised of 19.1 acres; het~in described as lat No. 3, were sold to the County of Suffolk. Applicant testified that he requested S . Ik Courrtp to return a small portion of the sold development rights parcel (lot No: 3) in order to add the+ dice to proposed lots No. 1 and 2 to meet the 80,000 sq. R minimum lot .requirement for each. Applicant firrther testified that the county declined such request. Therefore, no alternative is available to subdivrde the Property other than an area variance. y kry , , 3 -The requested area variance is not'substantial and represe~s less than as 8 percent reduction between fire code-required 80,000 sq, ft. minimum lof size and the 73,332 sq. ft. proposed lot size. it F, 4, `.The.proposed variances will not have an,adverse effiect or impact on the physical or environmental ~ndmons in. the neighborhood or district because the requested variances are small, and no evidence has been presented to suggest that the subdivision would have adverse impact oa the enviroruneM. `r t , 1 ~e 2 -January 19, 2000 y/~Appl. No. 4778 - D. Cichanowicz _ ~ Re: 1000-85-3-10.2; 1000-97-10-2 J 5. The applicant's difficulty has been self-created and is due to inaccuracies in the original survey which were used to calculate the sizes of lots No. 1, No. 2 and No. 3.. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, aad the health, safety, welfare of the community. RESOLiTi'ION/ACTION: On motion by Member Tortor.~ seconded by Member Collins, it was RESOLVED, to GRANT the variance subject to the following CONDITIONS: 1. That this project receive approval under the applicable subdivision regulations of Town Code. 2. That there be no firrdrer total lot area reductions. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER (Chairman), DINIZIO, TORTORA, and"- COLLINS. (Member Homing of Fishers Island was ab t- "GERARD P. GOEHRINGER C ' For Sling on or about January 24, 2000 K. _ . ~q. y ~ - - ~ ~ r x.1~'' .N'+ q{ r.Y."'" H , S i ~ ~ 3; i ~ , PLANNING BOARD MEMB~ r`~$UFFO( Q ~ Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. ,y-0~.Z~ G Chairman Y ~ ~i~~ P.O. Box 1179 o Southold, New York 11971 WILLIAM J. CREMERS ti = " Fax (516) 765-3136 KENNETH L. EDWARDS p ~ ~ ~ Tele hone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. y O`, P RICHARD G. WARD ~"%Ql ~ Y PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Gerard P. Goehringer, Chairman Members Zoning Board of Appeals FROM: Melissa Spiro, Senior Planner///~ RE: David Cichanowicz Appl. No. 4776 SCTM# 1000-85-3-10.2 & 97-10-2 DATE: January 13, 2000 The Planning Board reviewed the above mentioned request for a variance at the Board's January 10, 2000, work session. Please find the Planning Board's comments listed below: 1. The Planning Board has not received an application for the proposed four (4) lot subdivision. 2. The Planning Board did not have any specific comments in regard to the variance request for proposed Lots 1 and 2. The Planning Board has been working with both the County and the Town Land Preservation Committee to ensure that when future purchases of development rights involve the reservation of land for future development, that the land reserved for future development meets all minimum requirements of the applicable zone. Please let me know if you require any additional information. _ _ ,..r. ~ its APPEALS BOARD MEMBE ~~pFFO(,~ 4 ~p~0 CD Southold Town Hall Gerard P. Goehringer, Chairman h~ Gym 53095 Main Road James Dinizio, Jr. y ~ P.O. Box 1179 Lydia A. Tortora ~ ~ Southold, New York 1197] Lora S. Collins y ~ O~~ ZBA Fax (516) 765-9064 George Homing ~~l Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prep. 1/5 AGENDA REGULAR MEETING JANUARY 13, 2000 6:50 p.m. Call to Order by Chairman. I. POSSIBLE ~EQRA Reviews: (Pending Member inspections, etc.). Unlisted Action: Appl. No. 4778 -Crary Chinaman Corp. (fur apartment use/Sp. Exc.) Type II Actions (setbacks, lot-line variances, accessory uses, lot waiver, height var.) Appl. No. 4775 - Derith Sutherland (setback deck) App?. No. 4776 -David Cichanowicz (lot area) Appl. No. 4777 -Susan and Steven Bloom (for building containing a nonconforming use/renovation, alteration, possible Interpretation). Appl. No. 4779 -David and Ann Corieri (area variance pool in side yard). II. PUBLIC HEARINGS: (Applicants are requested tp submit Affidavits of Mailings, Certified Mail Receipts, Green Signature Cards, Affidavit of Posting before commencing with hearing.) 6:50 p.m. Appl. No. 4766 -James Wheeler. Continued Hearing from last meeting. Rear yard setback of proposed dwelling location at 540 Chestnut Road, Southold. Mr. John Zoumas, Builder-Agent. 7:00 p.m. Appl. No. 4775 - Derith Sutherland. This is a request for a variance under Artice XXIV, Section 100-244 for approval of the setback of an "as built" deck addition at less than the code requirement of 35 feet. Location of Property: 1230 Waters Etlge Way, Southold, NY; County Tax Map Parcel No. 1000-86-3-19. J. Fitzgerald, Agent. 7:05 p.m. Appl. No. 4776 This is a request for a variance under Article III, Section 100-32, based upon the Building Inspector's October 19, 1999 Notice of Disapproval for the following: Two lots are proposed in this subdivision project ~ containing a size of less than 80,000 sq. ft. each. The property is located in an Agricultural-Conservation Zone District, along the north side of Leslie Road (CTM #1000- 97-10-2) and south side of Main Road or State Route 25 (CTM #1000-85-3-10.2), Peconic, NY. Page 2 -Agenda - ~ L January 13, 2000 Regular Meegng ~ ~ ~ l Southold Town Board of Appeals R 7:10 p.m. Appl. No. 4777 -Susan and Steven Bloom. This is an appeal of the December 17, 1999 Notice of Disapproval, requesting an Interpretation andlor Variance under Article XXIV, Section 100-245 with respect to applicant's request to amend building permit No. 26151 issued November 12, 1999 for renovations to accessory building containing nonconforming "sleeping quarters use." The reason stated in the Building Inspectors Notice of Disapproval is that applicants request to repair foundation to include 'substantial renovation of structure' is not permitted pursuant to Article XXIV, Section 100-243A. Proposed construction constitutes a renovation prohibited by this section." Location of Property: 7800 Peconic Bay Boulevard, Laurel, NY; County Parcel No. 1000-126-11-15. Patricia Moore, Esq. 7:30 p.m. Appl. No. 4778 - Crazv Chinaman Coro. This is a request for a Special Exception under Article VII, Section 100-71 B(5) for permission to establish apartment use over an existing professional office, pursuant to Article IX, Section 100-91(B)(4) of the "B- General Business District." Location of Property: 11775 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-141-4-36. William Goggins, Esq. 7:35 p.m. Appl. No. 4779 -David and Ann Corieri. This is a request for a variance under ArtiGe III, Section 1003 based upon the Building Inspector's November 8, 1999 Notice of Disapproval. The variance requested is to locate a swimming pool in a side yard area rather than the required rear yard or front yard of this waterfront parcel known as 412 Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-7-9.2. PLEASE NOTE THAT THE FOLLOWING HEARINGS SCHEDULED FOR THIS EVENING WERE CANCELED BY APPLICANTS: Appl. No. 4723 -Southampton Lumber Co. Appl. No. 4765 -Frank Field Realty. III. POSSIBLE DELIBERATIONS/DECISIONS: (from above and carryovers). Applications from above hearing list as determined by Board Members. Carryovers from prior hearing list: (Appl. No. 4723 -Southampton Lumber Co. -Possible Discussion. Possible deliberations/action). p _ 5 ig / L x ~y `e l Y. o~~ `t ~J C t~ f j; / ! ,~,o J~ f 20 ~ ~ ~ ~ ~ ~ n 1 ~ ~ 3 K ~p R~ lw ~~e~~E ~.tiE,g 5 ~ v r . e?~`~' ~e ave.. L/ 3 ~ ~ ~ $ ~ ~ ~ ~ 4 i ~ sl.,e 19.2 25.2A CWNiY Or SuF~OIS IRrELmKxt Mn~9 0 s t\ 11z n.w~1 caurn ac surrar ~avfi WxEx~ mWi3~ R 1 o° t6 at Auc~ h 1aa 2.2e ~ yP` 1l eam¢~ 11.t r ~ 2JUal 10.1 ~ U T.6Pic1 ~ I ~ I U~ ~ 10.3 ~ i 8.1410 t ' ! r s. ?y p r J` N fY? O N A O Q 9p e0.. a s 10.+ 19.ee SCy ~ r~ w+1r of macotP SeN OQ S ~ / a(o ~.c~w~r~ 9 s ° IIs n.xn co~av ov soFarnx a ~ nR.rca~ a,,s ~ B C9 OA4l O \ T' / Q^ tiY~6 ~'n ~ •M ryc C\l \ 1 i s ti ~ ' H _ + o h : u Foa veaccl No. sEC scc. NO. oas ~ soa aractl xo. .oyo~o.a ~ ~ 1 id N ~ sEE 564 NO~V85 Jy"~ ~ 6 N \1r \ SFF SF0. 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Z 1 ~`s0 ' S Fire Department Comments Sketch Plan Submission SEQRA Coordination Conditional Sketch Approval Landscape Plan Sketch Approval t1'f~[.i 1 11 ~ ~ ~ _ ~~-r.t~,o~\ 5 (~~r,~ 11 rotas -I s, A1~,;\ 1\~2q~ro Soil Conservation Plan ~ 5,,~~~v,l,~n Sv~~\\ ~ `MOlrc, ; ~ GjIZ~ lT]Z Final Plat Application Dates I6 moMhs'after Preliminary Plat Approval) A r Final Application Received Affordable Housing Fee Paid ! V tC' Application Fees Paid Administrative Fee Paid pp~~1n\ Mvlars Received IG) NYSDEC Wetlands Permit Received :V t~t- Paper Prints Received 181v'L ~YSDOTIDPW Permit Receive/d~'- S ~ 043 Final Road and Drainage Plans ~ ~ Trustee Permit Received I V I'f' Performance Guarantee Received Final Hearing Set Performance Guarantee to Town Board Final Hearing HeIdlClosed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval r, Park and Playground Fee Paid Map Endorsed by Chair Conservafion Agreement LWRP Consistency Review ~2 ~ 2 ! j Final Mao Routino: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: 1 s~\~~;'~ S-~(Nw.~ ~-P 1 G 2110 i C,__v__~ ~ ' u=~ ; ~,q w ~ ~ r\ ~ ~ s ~ 1 \--t k-~, w~,~ ~ c. 01.x; ~'1t~1_?~ ~n~1' can re/,~~•' ~ 1' 11 (9o..,v, n< 1 \ G~~`S' LI~~.Z`OC P-F~ 1 C U \ea dVta c1- ~1'r11 11 11 ~ ` .p kC K.\~ ti~-c ~ ~ t~ . /12...1 lay n,' Cind11 \v0~nn U\ ~y S ~1 '-'\251 ~1° ~~11i Land- 1~ t,~ ~..~-L~ SC.~d~ pn~~ o~~ l ~ THI:flft SUBDIVISION IS cUA ~fl ON ACRcS LCCATc^D Oi~ IN _ SCT~~tz f~ ~5- 3' i O .a a ~~1; to - ~ _ MINOR SUBDIVISION (NO ROAD1 f J Comtalete appii ti n recei~d J~~ ID~Io/d0y ~ tG~k~?-~e ~dra.~~ ? +~b~ ^ 9 Application reviewed at work s~ssion '",v.` aK ~Ot OK ~ u Applicant advised of necessary revisions ~ ~C a cs4 uo t ~3 Revised submission received '"ro. ox ~ b , ' Sketch plan approval ~ ~ q/la/fb ns' -with conditions ~X -a o ~ Lead Agency Coordination Ala Do `T' SEQRA determination a o ~ ~ ~ ~ Sent to Fire Commissioner ~ ~ Receipt of fireweil location i~ e :s a Notification to applicant to include on final map .h ~ l7p un ~ OK ,g ~ Sent to County Planning Commission ~ ~ o Receipt of County Report o ~ po ,ro.` aK ~ Review of SCPC report ~ Draft Covenants and Restrictions received ax Draft Covenants and Restrictions reviewed ,o` ox Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval . o Final Public Hearing cs Approval of subdivision o -with conditions - ndorSC went Uf Siibdi'v iSi6ii i r;ti Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. I. Name of Subdivision D}RaRvRidRRCichRanowiRcRRz RQQ }~R 2. Suffolk County Tax Map # 1666-6~~: ~6-~~:66-QI~:66~i 3. Hamlet Peconic 4. Street Location Main Road, Peconic, New York 5. Zoning District AG 6. Date of Submission August 18, 2000 7. Sketch Plan Approval Date September 12, 2000 with extension 1 8. Preliminary Approval Date 9. Number of Lots Proposed Four (4) - 10. Acreage of Open Space/Reserved Area Lot 4 1 I . Affordable Housing Units Proposed None 12. Percentage of Affordable Housing Zero 13. If providing less than 25% Moderate Income Family Dwelling,Units (MiFDU),.please~ , indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B) of the Town Code. Waived by resolution dated April 12, 2005 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not, please explain the differences. Yes 15. Application prepazed by [ ]owner agent [ ]other Signature of Preparer Date May 5, 2009 • APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) . 2. The name of the subdivision is to be .Minor Subdivision of Property .............................................R~. D~.v~d„Cichanowicz...................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk Count}• Clerk's office as follows Liber 401 Page 276 On ~ 2~30(9~......... ; Liber Page On Liber Page On Liber Page On Liber Page On as devised under the Last Will and Testament o( or as distributee 5. The area of the land is ......?~e78..... acres. h. All taxes which are liens on the land at the elate hereof have been paid except ................N.Q.?~XA e pti ons............................................................. 7. The land is encu ml~ered by mortgage (s) as follows: (a) )•fortgage recorded in Liber Page in original amount of $..4$ s 9$~ ...45 unpaid amount $ ..4 s9.96,..~4. , , , . , , , , held by Bridgehampton , , . .Nat.'.1..Bankaddress ..549.`I9.Ma,~~..Road,,Southold,pl`~.1,1921 (b) 1\fortgagc recorded in Liber Page in original amount of unpaid amount held by address (c) 1\lortgage recorded in Liber Page in original amount of unpaid amount held by address 8. There arc no other encumbrances or liens against the land except No exceptions 9. The land lies in the following zoning use districts ......A„C,,,,,,,,,,,,,,,,,,,,,,,•,,,,, 10. IQo part of the land lies under water whether tide water, stream, pond water or otherwise, ex- ce t t ~I•o • exceptions p 11. The applicant shall at his expense install all required public improvements. 12. The land~t$xa)t[(does not) lie in a Water District or Water Supply District. Name of Dis• trio, iE ~vitltin a District, is 13. Water mains will be laid by .........~~6 and (a) (no) charge will be made (or installing said mains. 14. Electric lines and standards will Ue installed by , N~A , , , , , , , , , , , , , , , , , • • , • , , • • • • • • • • • • • • • • • • • • • • and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed bw .........NSA and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat arc claimed by the applicant to be existing public streets in the Su[(oll: County Ilighway system, annex Schedule "L'"' hereto, to show same. 17. I[ streets sho~cn nn the plat are claimed by the applicant to be existing public streets in the Town of Southrdd Iligh~eav system, annex Schedule "C" hereto to show same. 18. There arc no existing buildings or structures on the land which are not located and shown on the plat. 19. \t'here the plat shows proposed streets which are extensions u( streets uu adjoining sub- division maps hcreM(nrc filed, there are no reserve strips at the end o[ the streets on sai4 existing maps at their conjunctions kith the proposed streets. Z0. In the course of these proceedings, the applicant will uiier proof of Lille as required by Sec. 335 of the kcal Pmpert}• Law. Zl. Submit a copy ni proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". • 22. The applicant estimates that the cost of grading and required public improvements will be NSA as itemized in Schedule "E" hereto annexed and requests that the m'etttrity of the Performance Bond be fixed at years. The Performance Bond will be written by a licensed surety company unless otherwise shown nn Schedule "F". DATE .....B.u~l~t„~5,, 2000....,xP9?t... ...James.E... ra1d,..Jr............. ( me Appl' ) ' sy (Si lure and Title) pR. ~4X .6?.7,.. ~u~~~P.g41e . i~IX..1 ~ 935.. . (Address) STATE OF A'EW YORK, COUA'TY OF ........Sil.F>=d,t.,~ ss: On the ......?5th....... day of... August,•.2000 _,,,.,,,xptyc,.,,,, before me personally came ...J.aYla~3..E...F1.t2gexaJ.d,..J>~........ to me known to be the individual described in and ~vho executed the foregoing instrument, and acknowledged that .....11t~.... executed the same. . tart' Public JANE R. MINERVA NCTARV PGBLIC, State of New YOtk STATE OF NEbV YORK, COUNTY OF s l`Fa t / ~ ~1y.4853108, Suttolk County'./ • • ~ ~ ~ Commission Expues February 18,,y~0a 2Z On the day of 19......, be[orc me personally came to me knao•n, who being by me duly sworn did de- pose and say that resides at No ..........................that is the of the corporation described in and e•6ich executed the (orcgoing instrument; that knows the seal of said corporation; that the seal a[[ixed by order of the board o[ directors o[ said corporation. :u~.l Il:at signed name thereto b}• like order. c N y Public ~ JANE R. MINERVA NOTARY 7C;RLIC, State of NewYOtU No. 4853108, Suffolk County/ Commission Expues February 18,,f8fpd2-. ~~l7-J- os~~ ,r~dad N. Y. F.T.U. F~O7 . -Bailin and Sale Dee J, wish Covmn, ,y~C'..amoi ~ An,-IndiviJml o~ Co,powion (~inlle rhea) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERf ONLY THIS INDIr-.N7URE, made the day of December , nineteen hundred and ninety one B~'~'WCCN BRIARCLIFF SOD, INC., a New York Corporation, having its principal office at (no Main Road, Peconic, NY 11958 party of the first part, and - DAVID CICHANOWICZ, residing at (no Wood Lane, Peconic, NY 11958 party of the second part, WI'I'NFSS1rTH, that the party of the first part, in considttation of Ten Dollars and other valuable consideration paid by the party of rite second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the sewnd part forever, ALL that ttrtain plot, piece or parttl of land, with the buildin sand improvements thereon erected, situate, lying and being in the town of Southold, County of Sguffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (New York State Route 25), which point is 185.00 feet westerly from a point which is where file north- westerly corner of land of Rose Koraleski intersects the southerly side of Main Road (New York State Route 25); from said point of beginning: Running Thence along other land now or formerly of Wentzel the following three \`U courses and distances: ~ 1) South 15 degrees 47 minutes 55 seconds East 138.00 feet; / 2) South 60 degrees 13 minutes 05 seconds East 123.77 feet; 3) North 83 degrees 04 minutes 05 seconds East. 49.13 feet to lands now or formerly of Rose Koraleski; Running Thence along land now or formerly of Rose Koraleski South 06 degrees 55 minutes 55 seconds East'2,710.85 feet to a point on file northerly side of Leslie's road; - 1L4t'k Running Thence along the northerly side of Leslie's Road South 50 degrees e~.•'• 59 minutes 30 seconds West 428.60 feet to land now or formerly of Bujnowskf; Running Thence along land now or formerly of Bujnowski North 07 degrees 09 minutes 30 seconds West 3,021.03 feet to the southerly side of Main Road District (New York State Route 25); Running Thence along the southerly side of Main Road (New York State Route 25) ]000 North 46 degrees 41 minutes 30 seconds East 157.99 feet and North 59 degrees 32 minutes 25 seconds East 85.38 feet to the point or place of BEGINNING. Section Subject to a mortgage held by Philip August Wentzel and Elizabeth Wentzel, ' his wife, as mortgagees and Briarcliff Sod, Inc. as mortgagors, said mortgage 085.00. dated December 21, 1979 which mortgage has a principal balance of $5,.000.00 whir(h the grannie hereby agrees to assume and pay. This conveyarKe is made in tlr. Block u uua tbtirsRe of business of t11e party of the first part. Tf~GGTIIE with all right, title and interest, if 'any, of the party o[ the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances 03.00 and all the estate mid rights of the party o[ the first part in and to said premises; TO HAVE AND TO }TOLD the pranises herein granted unto the party of the second part, the heirs or successors and assigns o[ Lot the party of the second part forever. - 010.002 AND the art of rite first art covenants that the P Y p party o[ the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance. and will hold the right to receive such consid,- ~ erasion as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the 'same for ~ any other purpose. The urorcl "parry" shall be construed as if it read "parties" whenever the sense of this indenture so requires. 1N WITNESS WHEREOF, the party of the f rst part has duly executed this deed the day and year firs! above written. -its-rae9exee-ar-o l BRIARCLIFF SOD, INC. ~ 1~ ~ By: l /j ~ ~ ~ DAVID CICHANOWICZ ` l__ J " Frank~C`i'c~h-a~nowicz, 11, as President i fTf ,"~'RI' YORK, COUNTY OF SUFFOLY. n, RT.4TE Of r,l4Y PORK, COUNTY OF zzl On the ~ day of December 19 • , before me On the day of • 19 , ,before me personally came personally came DAVID CICHANOWICZ to rye known t e th individual described in and who to me known to be the individual described in and who ~xeeculed the regoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that exec ed the e. executed tl4e same. ECENE~7'~ , $ NaLar u lC R[AL ESir.TE .~i I GARY FLP.NNER OL5EN , IJutnry Public, Stale o1 Naw York ' Nu. G1.25F.960B ~ .IAN 14 1~~2 •Y GuulilitiJ in SuNulk Cuunry 1 r'. nnnd~::Ian Ezpirua March ~O, 19~ - TRANSf I:k TAX ~ ' 'a Sl1FF0? X W~(a(t i~I N Y STf. rE OF~N,E~4W YORK, couNrr of SUFFOLK zzt STATE OF NEW YORK, COUNTY OF zzt On tlu J•'~da of December 1991 ,before me On the day of 19 ,before me personally came rank Ciehanowicz III personally came to Pr•~ known, who, being by me duly sworn, did depose and the subscribing witness to tl4e foregoing instrument, with say that he resides at No. (n0 Lupen OrIVe; whom I am personally acquainted,.who, being by me duly CU ~ ~hOgUe, NY 11935 ~ sworn, did depose and say that he resides at No. tha~ he is the president of that ht: knows B: iarellff Sod, Inc. ,the rnrpuration described in .'~d which executed the oregoing instrument; thaF--hr to be the individual k'ttras~th~s atio described in and who executed the (oregoing instrument; -to= :id-imtrumrn at--it--eras-sv that he, said subscribing witness, was present and saw -etfi ^d by order o he board of diredors~of said corpora- execute the same; and that he, said witness, tio~ attd-that- signed 'iSname thereto.by~-fikraFdeF. at the same time subscribed h name as witness thereto. / ? i-. ~ 1T ;I ry u c GARY FIANNER OLSEN IJutnry Public, StutD of NDw York Nu. 52-26'59rAD ClualOieo in Sunolk Cuunry Comnllsnion Expires Mercn SU, 19~ ~acgain anb ~lFa[e ~)eeb seenoN NI'I'H COVGNANT AC(~41N5'1' GRANT'OR'S ACTS TITLE `.:0, (fir/~- J-~S ~~j BLOCK DF' ~1RCLIFF SOD, INC. Lor (CI' HANOWICL) COUNTY OR TOWN TO RccorUell Al Request of DAVID C I CHANOWI CZ Fbat American TiuD Insurance Company of New York RBTURN EY MAIL TO: ANDAlD r0lM Or N!W TO!! a0AlD 01 7111! VND!lWalrltr nJ,M5alm5y Gary Flanner Olsen, Esq. ~rst Anterica/t Title /nsurance Company P. O. Box 706 of New York Cutchogue, NY 11935 Lp Na T V . ~n'~4 m a 3 3 i l' r, ` ' W V _ IJlf.1i~UJ_i is of , August 18, 2000 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Minor Subdivision of Property of David Cichanowicz Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours tr ~ c ames E. F' gerald, Jr. oper-T mit Services Agent for r. Cichanowicz 14-16-2 Qi87)-7c 617.21 ~ SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable.lt is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to tit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions Identify the Portions of EAf completed for this project: ? Part 1 ? Part 2 ?Part 3 Upon review of .the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate); and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ? A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ? B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ? C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. ` A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Minor Subdivision of Property of David Cichanowicz Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature ofPreparer(Ifdifferentfromresponsibleofficer) Date 1 ART 1-PROJECT INFORMA~N • Prepared by Project Sponsor NO,TICL: This document is desigm,d to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and maybe subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION , Minor Subdivision of Pro ert of David Cichanowicz LOCATION OF ACTION (lnclutle Street Atltlress, Municipality entl County) (NN) Main Road Peconic Suffolk Count NAME OF APPLICANTSPONSOR BUSINESS TELEPHONE James E. Fitz erald, Jr. / Proper-`P Permit Services (311 734-5800 ADDRESS ~ PO Box 617, Cutohogue NY 11935 CITYlPO STATE ZIP CODE NAME OF OWNER Qf tlifferent) BUSINESS TELEPHONE David Cichanowicz 6311 734-7923 ADDRESS PO Box 160 Peconic NY 11958 CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION Subdivide existing approx 24.78 acre parcel into four lots as shown in the proposed plat. Please Complete Each Question- Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. Present land use: ?Urban ?Industrial ?Commercial ?Residential (suburban) ?Rural (non-farm) ?Forest 'Agr^icpulturQe OOther 2. Total acreage of project area: 017. w acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) yD• acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ?Well drained % of site B)Moderately well drained .I~Q 5'0 of site ?Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ?Yes ~lNo a. What is depth to bedrock? (in feet) 2 5. Approximate percentage of propos~oject site with slopes: ~10-10% ~ % ?10-15% % ?15% or gre % 6. Is project-substantially rnntigiious to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ?Yes DQNo 7. Is project substantially contiguous to a sit~~egqlis~~ted on the Register of National Natural Landmarks? ?Yes ~No 8 What is the depth of the water table? /duo- (in feet) 9. Is site located over a primary, principal, or sole source aquifer? I&Yes ?No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ?Yes ll~(No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? f~Yes ~QNo According to Identify each species 72 Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ?Yes (81,No Describe 13. Is the project site presently used by [he community or neighborhood as an open space or recreation area? ?Yes ~QNo If yes, explain 14. Does the present site include scenic views known to be important to the community? ?Yes ~QNo ^I 15. Streams within or contiguous to project area: __~ONE a Name of Stream and name of River to which it is tributary 16 Lakes, ponds, wetland are~~aii within or contiguous fo projecf area; a. Name IVn~E b. Size (In acres) 17. Is the site served by existing public utilities? ?Yes jajNo a) If Yes, does sufficient capacity exist to allow connection? ?Yes DNo b) It Yes, will improvements be necessary to allow connection? DYes DNo 18 Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25•AA, Section 303 and 304? J~,Yes ?No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ?Yes lffiNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes ~No B. Project Description 1. Physical dimensions and scale of projecf (fill in dimensions as appropriate) a. Total contiguous acreage owned or co~nt~ro~lled by project sponsor acres. b. Project acreage to be developed: 3,31 a/cares initially; _~A _ acres ultimately. c. Project acreage to remain undeve oped ~ acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed f. Number of oft-street parking spaces existing proposed g Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing unitr: One Family Two Family Multiple Family Condominium Initially -Tia,1~_ Ultimately T(,(~Q i. Dimensions (in feet) of lar est ro osed structure r g p p ~ height; ~ wt h; r length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material rock, earth, etc.) will be removed fro site? ~ tons(cubic yards 3, Will disturbed areas be reclaimed? Yes ?No ?N/A a. If yes, for what intended purpose is the site being reclaimed? C~VA~ b. Will topsoil be stockpiled for reclamation? ,Yes ?No c. Will upper subsoil be stockpiled for reclamation? ~lYes ?No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes ~flo 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: ' a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ?Yes ?No 8. Will blasting occur during construction? ?Yes ~.NO 9. Number of jobs generated: during construction~~-~~~~- after project is complete ~ A 10. Number of jobs eliminated by this project r~_. , 11. Will project require relocation of any projects or facilities? DYes I~lo If yes, explain 12. Is surface liquid waste disposal involved? ?Yes (~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? DYes ?No Type ±~Of~S~f6ok'h 14. Will surface area of an existing water body increase or decrease by proposal? DYes ~No Explain 15. Is project or any portion of project located in a 100 year flood plain? ?Yes ~,j`lo 16. \Nill the project generate solid waste? ?Yes ~.No a. It yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ?Yes ?No c If yes, give name ;location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ?Yes DNo e. If Yes, explain _ 17. Will the project involve the disposal of solid waste? DYes ~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ?Yes ®No 19. Will project routinely produce odors (more than one hour per day)? ?Yes j~No 20. \Nill project produce operating noise exceeding the local ambient noise levels? ?Yes 'j~No 21. Will project result in an incr se in energy use? Iffi.y'es ONo If yes ,indicate type(s) ~(~'~"h(^~ 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ?Yes ~No If Yes, explain 4 25. Approvals Required: • ~ Submittal e Date City, TnHm, Village Board ?Yes b~No City, Town, Village Planning Board ®,Yes ?NO ff~2,4l. City, Town Zoning Board Yes ONO ~AN~E City, County He,~l[h Department i~J'es ONO I,!)fkTEf~ ~J '~iQl~ Other Local Agencies ?Yes li§NO Other Regional Agencies ?Yes ~No State Agencies ?Yes ~No Federal Agencies ?Yes ~No C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? J~Yes ?No If Yes, indicate decision required: uzoning amendment `zoning variance ?special use permit ?subdivision ?site plan ?newJrevision of master plan ?resource management plan ?other 2. What is the zoning classification(s)ot the site? 3 \Nhat is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? ~~~A 5. What is At'he maximum potential development of the site if developed as permitted by the proposed zoning? ' 1/~ 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ,Yes ?No 7. What are the pr,e~~o11minan land u (s) and zoni cl ssific do ithi a Y mile radius of proposed action? ~(ry~TV~ ~ ~ ~~~i 8 Is the proposed action compatible with adjoining/surrounding land uses within a mile? Yes ONo 9 If the proposed action is the subdivision of land, how maQny lots are proposed? ~/?1 a. What is the minimum lot size proposed? ~r66 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? ?Yes 1~(Jo 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ?Yes ~.No a. If yes, is existing capacity sufficient to handle projected demand? ?Yes ?No "12. Will the proposed action result in the generation of traffic significantly above present levels? ?Yes 'i%(No a. If yes, is the existing road network adequate to handle the additional traffic? ?Yes ?No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify the infor io vided above is true to the best ofTTmy knowledge. Applicant ponsor Name T N~ Date a~ Signature z Title /~/T If the action 's n the Coastal Area you are a st a agency, complete the Coastal Assessment Form before proceeding with this as ssment. 5 Part 2~ROJECT IMPACTS AND THE11~1AGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Ezamples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and)or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impactr and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column ~ or 2J to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By IMPACT ON LAND Impact Impact Project Change ~ . Will the proposed action result in a physical change to the project site? DNO DYES Ezamples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per '100 ? ? ?Yes ?No foot of length), or where the general slopes in the project area exceed l0%. • Construction on land where the depth to the water table is less than ? ? ?Yes ?No 3 feet. • Construction of paved parking area for'I,000 or more vehicles. ? ? ?Yes ?No • Construction on land where bedrock is exposed or generally within ? ? ?Yes ?No 3 feet of existing ground surface.. • Construction that will continue for more than 1 year or involve more ? ? ?Yes ?No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ? ? ?Yes ?No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ? ? ?Yes ?No • Construction in a designated floodway. ? ? ?Yes ?No • Other impacts ? ? ?Yes ?No 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)ONO DYES • Specific land forms: ? ? ?Yes ?No 6 ' 1 2 3 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles'I5, 24, 25 of the Environmental Conservation Law, ECL) ONO OYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ? ? ?Yes ?No • Dredging more than 100 cubic yards of material from channel of a ? ? ?Yes ?No protected stream. • Extension of utility distribution facilities through a protected water body. ? ? ?Yes ?No • Construction in a designated freshwater or tidal wetland. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No ~ 4. Will proposed action affect any non-protected existing or new body of water? ?NO ?YES Examples that would apply to column 2 • A'10% increase or decrease in the surface area of any body of water ? ? ?Yes ?No or more than a t0 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 5. Will Proposed Action affect surface or groundwater quality or quantity? ?NO ?YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ? ? ?Yes ?No • Proposed Action requires use of a source of water that does not ? ? ?Yes ?No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 43 ? ? ?Yes ?No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ? ? ?Yes ?No supply system. • Proposed Action will adversely affect groundwater. ? ? ?Yes ?No • Liquid effluent will be conveyed off the site to facilities which presently ? ? ?Yes ?No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ? ? ?Yes ?No day. • Proposed Action will likely cause siltation or other discharge into an ? ? ?Yes ?No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ? ? ?Yes ?No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ? ? ?Yes ?No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ? ? ?Yes ?No require new or expansion of existing waste treatment andlor storage facilities. • Other impacts: ? ? ?Yes ?No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? CINO OYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ? ? ?Yes ?No 7 • 1 2 3 Small to Potential Can Impact Be Moderate large Mitigated By Impact Impact Project Change • Proposed Ac[ion may cause substantial erosion. ? ? ?Yes ?No • Proposed Action is incompatible with existing drainage patterns. ? ? ?Yes ?No • Proposed Action will allow development in a designated floodway. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON AIR 7. Will proposed action affect air quality? DNO ?YES Examples that would apply to column 2 • Proposed Action will induce'I,000 or more vehicle trips in any given ? ? ?Yes ?No hour. • Proposed Action will result in the .incineration of more than 1 ton of ? ? ?Yes ?No refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ? ? ?Yes ?No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ? ? ?Yes ?No to industrial use. • Proposed action will allow an increase in the density of industrial ? ? ?Yes ?No development within existing industrial areas. • Other impacts: ? ? ?Yes ?No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? DNO OYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ? ? ?Yes ?No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ? ? OYes ?No • Application of pesticide or herbicide more than twice a year, other ? ? ?Yes ?No than for agricultural purposes. • Other impacts ? ? ?Yes ?No 9 Will Proposed Action substantially affect non-threatened or ndn-endangered species? DNO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ? D ?Yes ?No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ? ? ?Yes ?No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES '10. Will the Proposed Action affect agricultural land resources? DNO DYES Examples that would apply to Column 2 • The proposed action would sever, cross or limit access to agricultural ? ? ?Yes ?No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ? ? ?Yes ?No agricultural land. • The proposed action would irreversibly convert more than 10 acres ? ? ?Yes ?No of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ? ? ~ ?Yes ?No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ? ? ?Yes ?No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ?NO ?YES rli necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ? ? ?Yes ?No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ? ? ?Yes ?No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ? ? ?Yes ?No screening of scenic views known to be important to the area. • Other impacts: ? ? ?Yes ?No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12..1Nill Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO ?YES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ? ? ?Yes ?No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ? ? ?yes ?No project site. • Proposed Action will occur in an area designated as sensitive for ? ? ?Ves ?No archaeological sites on the NYS Site Inventory. • Other impacts: ? ? ?yes ?No IMPACT ON OPEN SPACE AND RECREATION 13 ~Nill Proposed Action affect the quantity or quality of existing or future .open spaces or recreational opportunities? Examples that would apply to column 2 ?NO ?YES • The permanent foreclosure of a future recreational opportunity. ? ? ?yes ?No • A major reduction of an open space important to the community. ? ? ?yes ?No • Other impacts: ? ? ?yes ?No - 8 1 2 3 IMPACT ON ANSPORTATION Smalt to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ?NO ?YES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people andlor goods. ? ? ?Yes ?No • Proposed Action will result in major traffic problems. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No IMPACT ON ENERGY 15 Will proposed action affect the community's sources of fuel or energy supply? ?NO ?YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ? ? ?Yes ?No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ? ? ?Yes ?No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ? ? ?Yes ?No NOISE AND ODOR IMPACTS 16 Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ONO ?YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ? ? ?Yes ?No facility. • Odors will occur routinely (more than one hour per day). ? ? ?Yes ?No • Proposed Action will produce operating noise exceeding the local ? ? ?Yes ?No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ? ? ?Yes ?No noise screen. • Other impacts: ? ? ?Yes ?No IMPACT ON PUBLIC HEALTH 17 1Nill Proposed Action affect public health and safety? ?NO ?YES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ? ? ?Yes ?No substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any ? ? ?Yes ?No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ~ ? ?Yes ?No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ? ? ?Yes ?NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ? ? ?Yes ?No 10 " 1 2 3 IMPACT ON GROWTH AND CHARACTER Smali to Potential Can Impact Be • OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing community? Impact Impact Protect Change ONO OYES Examples that would apply to column 2 • The permanent population of the city, town or viliage in which the ? ? ?Yes ?No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ? ? ?Yes ?No will increase by more than 5% per year as a result of this project. , • Proposed action will conflict with officially adopted plans or goals. ? ? ?Yes ?No • Proposed action will cause a change in the density of land use. ? ? ?Yes ?No • Proposed Action will replace or eliminate existing facilities, structures ? ? ?Yes ?No or areas of historic importance to the community. • Development will create a demand for additional community services ? ? ?Yes ?No (e.g. schools, police and fire; etcJ • Proposed Action will set an important precedent for future projects. ? ? ?Yes ?No • Proposed Action will create or eliminate employment. ? ? ?Yes ?No • Other impacts: ? ? ?Yes ?No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ?NO OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled , • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) _ 11 • g~EFDL(r~, • p :~~N a~ D , ~,n..t ~ S U~. ~ o Southold, N.Y. 11971 (616) 765-1958 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes No (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on O this parcel? Yes No 4. Are there any other applications pending concerning this property before any'/ department or agency?(Town , State Count etc.) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6. Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if yes please submit .a copy of same Yes No I certif at the o statements are true and will be relied on by a P1 nni ons ing this applicat'an M - 0 VV Signat r f pr a ner o horized agent ate ~~t~ ~ , Attachment to questionnaire for:~the Planning Soard " STATE OF NEW YORK, COUNTY OF SUFFOLK, ss• • ~ c1 On the ' day of ~S `i9 before me personally came ~--~[,wvlc~ ~ T"l 12~~ r to me known to be the ~ individual described in and who executed the foregoing instrument, and acknowledged that ~ executed the same. r~~ ~ v~ Notary Public HELENE D. HORNE Notary Public, State of NawYak No. 4961384 Qualified in Suffolk County Commission Expires May 22, o~ a a ~ / G ..o a o~c r n u I r ~/~~~I'~Z~= n :o" THE AREA OF THE PROPOSED ! PROJECT IS CIRCLED n ~~,L':~ ;:~C \ `~A~ ~ hr~i l 11935 ~ "9 CUiCMOGIIE \ - ~ u' SLP Te yl~ p5 ~ /_o ~1 r- BQy EAST ~ CUTCHOGUE • ~ I I"~ a mrcwue w rMFr[M, ~ CUTQHO bE ~ ~r 4~. HOG N E ~e r p ~ Qt~ B A Y °+e. l 1v y al~aogl~. a~ov~ , owt ~ ~s' r x e e . wyrr~w - - - 9,• Rs o ~ X eweter ~ ~ v e ~trr~e aaara roan Marsh Pt w HOG CO~NiaY W / &c5 : eeue pest Cr. ~ : o.sr:~, ~1 e o I~ e.,( '~M ~ CUTCHOGUE ~ t I~ NASSAU ~w HARBOR ~~\U, I~I// Y 701NT Q Old Cave ~-6~"e KimoQpter Q.O„ O ae,tE we, wrm NEW SUFFOLK - ~ ~r 1, NORTH RACE ~~i • ClI i \ Na:sau P~:nt VICINITY MAP Application regarding the property of David Cichanowicz, SCTM #1000-85-3-10.2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 December 6, 1999 r i +'r 'r f s 4 ~,r i "Orwr Jy • ! r• + \ uw K`I ` •e;+ xa e " s t r~i, i i - • e nrn•i. n~ V l r.n r\ EMI R e . w f J • Yf nwn i u J~~ ,l°~ O~~ n. ,.,Y. p nO, Y „\d r ii~'a \ e~ , N ? t M rM i f•i t• r a y, 'Q s. . , e 4 ! ~ ~ .A , • yr, W ~ ,w ' e o i ~ ~M O •r ~M ~ ~ • • / + N. f ~ •ra S.t • ~ , F,~tn I THE SITE OF THE PROPOSED r~ a PROJECT IS SHADED .;p „a rt ' n• Yw r ^ : I L ~ Sy \ ~i iM. , u TAX MAP Application regarding the property of David Cichanowicz, SCTM #1000-85-3-10.2 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 516-734-5800 December 6, 1999 MAILING ADDRESS: PLANNING BOARD MEMBERS ~QF ~~Vry P.O. Box 1179 MARTIN H. 5IDOR 0/_ Southold, NY 11971 Chair ~ `0,16 OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex KENNETH L. EDWARDS N ~ ~ 54375 State Route 25 ' GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs AveJ JOSEPH L. TOWNSEND ~(,bU~ ~ Southold, NY 1 Telephone: 831 786-1938 Fax: 831 78b-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: October 15, 2009 Re: Payment The check listed below for Subdivision Park & Playground fee may be processed to revenue. Thank you. Applicnnt/Project Name & Tnx Mnp # Amount Check Dnte/No. T Authorization Code Cichanowicz Subdiv. 85-3-10.2 $7,000.00 9/10/09 #6054 LR ~ MAILING ADDRESS: PLANNING BOARD MEMBERS QF SDUj P.O. Box 1179 MARTIN H. S1DOR Southold, NY 11971 Chair y `O.1L OFFICE LOCATION: WILLL4M J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ i~ 54375 State Route 25 GEORGE D. SOLOMON O 'M (cor. Main Rd. & Youngs Ave.l JOSEPH L. TOWNSEND `~~'DUn l , ~ Southold, NY Telephone: 631 766-1838 Fax: 631 765-3136 PLANATING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: September 11, 2009 Re: Payment The enclosed payment is for a Conservation Subdivision Park & Playground fee. Please deposit the check into the appropriate revenue account. Applicant/Project Name & Tnx Map # Amount Check Dnte/No. T e Authorization Code Cichanowicz Subdiv. 85-3-10.2 $7,000.00 9/10/09 #6054 LR Enc. • • MAILING ADDRESS: PLANNING BOARDDMEMBERS ~O~~~F S~~/jyO/_ South ld ~NY 11971 Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ 54375 State Route 25 GEORGE D. SOLOMON ~ ,~ry (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND 'YC~VII1, Southold, NY Telephone: 631 766-1838 Fas: 6S 1 766-3156 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting. From: Planning Department Date: May 20, 2009 Re: Checks The referenced application(s) has/have been accepted by the Planning Board and the check(s) may now be processed to revenue. Thank you. Project Name d~ Type Tax Mop ~ Amount Check Date d~ Number Cichanowicz Cons. Subd. Final lat 85-3-10.2 etal 500.00 5/18/09 - 5985 LR Town Of Southold ~ ~G~ P.O Box 1179 Southold, NY 11971 ***RECEIPT*** Date: 09/08/00 Receipt: 4200 Transaction(s): Subtotal 1 Application Fees $3,000.00 Cash#: 4200 Total Paid: $3,000.00 v • SEP i 1 2000 SC~`hoici Tov~ri Planning Bcrarr~ Name: Cichanowicz, David J Wood Ln Peconic, NY 11958 Clerk ID: JOYCEW Internal ID: 17696 1 ~3 ~ LASER FICHE FORM SUBDIVISIONS Project Tvpe: Conservation Status: Final Approval SCTM # : 1000 - 85.-3-10.2 Project Name: Cichanowicz. David Location: The property is located s/o State Road 25. 1.506 feet e/o Indian Neck Road and n/o Leslie Road. in Peconic. Hamlet: Peconic Applicant Name: David Cichanowicz Owner Name: David Cichanowicz Zone 1: A-C Approval Date: 7/12/2010 ~ 9~/3~70 PLAT Signed Date: 9~/J~/jp OPTIONAL ADDITIONAL INFORMATION A date indicates that v?e have received the related Information Zone 2: Zone 3: CandR's: Homeowners Association R and M Agreement: Address: County Filing Date: SCANNED SEP 2 1 ZO10 SCAN Date: Records Management OCT 2. '1 2000 Southold Town Planning Board MINOR BUBDIVIEiION OF PROPE~RT~ OF DAVID CICHAhlOWlCZ AT PE~DONIC] TOWN OF' BOUTHOLD BUF'I:'OLK QOUNTY, N~rW YORK LOT~I & =~ BCTM~ 1000 LOT ~3 BE]TM # 1000-BS--~. 10,4 LOT 1114 BCTM ~ 1000-BS-3-10,3 ill' W,J~I~IT& J,~q.. KYJtP. E. LJC NG'~ PROJECT NO~ DRAWN BY: ~CKJ~D m': MIND, Iq BIJBDiVIBION I2,Z