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Home My WebLink About1000-15.-8-1.1 I~ .e1 SCOHS Re% # SlO-lO-0004 ~ Ukf { 5 ~ w AAAE • lam 3 Flt F7JG 9 u/c ~ I, EL. 19 N ~ n w rN. aAAr Az Iu ~ rAwl O l.rr..,R rAa rA.. I E Efl 411.l,/I•r/n/I j WP OF QRIENT BY. THE - 8EA FLLEO OCT. Z9. 1Dt 1 FILE NO. ~ /~~C' Tar 9111 ` u+ Emo Eu Ar.~ r LOT 06 j~1\~o ~ ~ NNEJI~~~ aArt SITE b fire rD /'IYs ~ i I Q ~ ~ o T CROSSECTION NEW SEPTIC SYSTEM ~W o ~ c~ I - EEPTAC TAN( tY . 4' LpIAD DEPTH U I P- LEAO'Nf PO01-S BY • 6' DEPTH y!P o \ J r ~ ~M` ~ TOWN OF SOUTNOLD ~ ~ KEY MAP ~ N N 2I' 00" E , 11.71' ~ wrr P TYPICAL PLOT PLAN scALE• r- coo' ; ~ ~ n,utDl~gr E D ,^Dn„ ~ (NOT TD SCALE D -D fn - rE N BB' 06' ZO" E li9.fY' ~ r4~l~e~ O AYR rENCE *y.~ ~ THIS IS TO CERTIFY THAT THIS EUBDIVIBION PLAN HAS BEEN : ~-W ff ~ rNO ~ ~ ~ :I 10'N E t y ~J 9 ~/~~~yyy APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTNOLD r,n ® y~y ~ • ar a~eC~. ~ i _ ® I I / E~ E, / BY RESOLUTIDN gppROVAL OA TED Z., 8 4 1 / ~O I I F 5~T® t® I lo'0E Y(IEflaly~pLfc /I w, v4 Z 6Y DATE - - 7L~-a^71 ~ ~ CHAIRNAV, PLANNING BOARD `pt „I tr ~ti FR. BARN O sb ul IMPROVEDI IS•T pHT B Ifd O V i HSE ~ $Tr~, v A Z ~F PAlq O` [f YN .1£P ntC 1IN( i ~ ' /r w Ire bQ' ~ ~ s. I"r 'AT w r °r''0oL SUFFOLK COUNTY DEPARTMENT OF HEALTH'SERVICES • e of:,A o, au. ~~«d 38,3 ~ ,E w' ~ a,'r `IWAA HAUPPAUGE, N. Y. rrE p O 0 I c .plrr iPn PAY ® fin. so•r ®rNr Irr Kcb ROAD DATE ~8~1120~~ xo ~r r Ir • ®I r® L- E ~O A C7 ®'h•• N~e 4 ~JELLT TO COVENO.NT$ Tr RE$TPiGTION$ LIBER /~fp pnT , ~ IIrE ~ IP-A Iir p. PdrE ~,p TH56 T~NLEgTF~Y T PROEOSm TY SLBDIVISgN OR O~ 1Z IP'A A' ® i - ~ M1TM A T07AL OF ~!'LO 5 MA APPROVED j SQ' ®r / Y APPROVED IN ACCORDANCE WITH BgARD OF ~cdlT~S w~si t~ogw 0 CONS ERUCTgN S~AM)ARDS NAEFFECT 333 p,s• r r eE i eE d eE rt" ~ REVIEN/ DLTeRMfNATION DATED f AT nc r?IE of CONSrnucrpN AND ARE ssECr To siPARATE ,}.Yr 36, .d dtt® ~,c i e • 5 ss/1 K ~ r 1 ~d Y.E 0• I i~ ~ BERMALD OHSYANTTI£ REALTY 6UBDIVI~SION/DEVELOPMENT MAP Is ~ ~ / E , ® p {r. , DULY FdEO MrTH T1E COUNTY 0.ERK M1THN ONE YEAR OF THS DATE i, !,0 A `d ~ ® f .v ~O p- CONSEN715 HEREBY GIVEN FOR FIiNG OF iH5 MAP ON VHCN TITS ~I~' 6 ` ~ ~ ~ 4~, FNOOCSOROANCE MIPTN PRO ISIY! ~OF~PU9LK IEALOUVTY [LEAK n , _ ' ze. .{J~~p6' = ,If ~ ~ ~t f P ~ l Tet/ BoILs THE SUFFOLK COLNTY SAMTARY [ODE H/glpp,D ~ ~ (`p^f~'P` ~~J" ~ / a ~6 g ~Wv~B~,,,P.E.' Ar NmcwALD c_osaenrE J t~+~~ IrC ~11/ P / O' EL. 12.5 d~ ~ ~y. DA OK BROF~J LOAM DIRECrOR, pIVIS10N OF ENVNONIENIAL WALRY y0 _/u.o;~ - ~ . Ie, 1. - 'T~Q / by .~A~T~ , IIrOWN S/Lr aL /yam ^ij ssf ~ J.. Na ~ ~ + ~ T ~ 6, ~ CY/ARSE fAN)Ofr A c - ~ r "~`F ' ''r' ~ ;1 d~ / O f ~ ~S~ EL IJ I HEREB C TIFY THAT THE WA TER SUPPLYISI AND/OR SEWAGE DISPOSAL IOM r - gfvy. ©Irr /f 05'71 II't• Sl R IS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION s.' * Ir Y / ~SSPO %T 91Y~~ pE U N AREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND Irr ~ OrE-n G CD TIONS, ALL LOTS AS PROPOSED -CONFORM 70 THE - 1P 5 ~ DE RTMENi OF HEALTH SERVICESI CONSTRUCTION I Irr dr Irw ~ , a0 I4' * Q`` E Ci S OF THIS GATE. ' ~ IA' T ~s I Q~'' ~ Z ~o - rsrE i~ p0 ZONING D/STRICT R 4 ~ e' _ h `r r • pIr e * ~ P ~ OFD BD ~ F/RE DISTRICT -ORIENT tia. D, 'v ~ I,e• ~ ~ \~~2 ~~,F FINAL PLAN SCHOOL DISTRICT - ORlE EssYOK'P Ir E , ' ~,S~L~a~ FI SCHER PROPERTY Y T1~Y TWIT rM5 $L6JINSY . pLAT MAS M,DE FRDM o p0 ~~,5 OP0 ~ sio:v r~s a B Tu~i•Ei~ F°fA~~ iMrAFra eo nov~Nrs SHOMN AND ALL ENSYOVS ANJ GCOJETM DE TA0.5 A o ~~`tY~ R A T ORiFNT TM~I~ ~ ~ a edam • TOWN OF SOUTHOLO~~~,p~--- ~aT.~4E=;~~,~- r. MErz rt~~s.ir. ND. A3si 50 r'`I a. SUFFOLK COUNTY, N- Y. ~ i xasvaa.LVn~~LSUSeo~i~o )000 - 15 - 08 - 1.) ~4 y,`"~~:~~' r/ saau~aas H1 "IV3N •oa •dans r` .SCi/6 )ee - ~Or LIAGE ~~g aa'~'°Tr Z1OZ E O AtlW o• Io Pr - sr /or Aao 45u'a 1`- ~ sNNSIUHr TRFES ``~taNDSVi=. UTK/TIES ELECTRIC f 0~~~3 ~ APRIL 12, 1990 TELEPHONE E •EVERSREEN, CABLEVISlON Dec. 7, 20D9 olA• aFJwr GAS Jon. l4, 20/0 flreesl gppROVED BY a~R PtB SEPTIC SYSTEMS Morch '6, 2010 foddifions> T - AroT OENTFED PRIVATE M'ELLS _ Aug. 5, 2010 (revisions) Dec. 3/, 20/0 (oddihons/ PLANNING BOARD H-HENHTP FEMA FL 000 ZONE X - FEB. za, zeD rcadnc,r! ELEVATIONS ARE REFERENCED TO NAVOBB sEPr. 2r, 20/1 UDgTIONSI TOWN OF SOUTHOLD ?AN- n, 2012 roaemo~sJ _ - - AREA = 1.6682 Acres DATE JUN 0 6 212 The /ocolions of we/!s Ond cesspools irk , NY,S. LlC- NO- 496/8 ANY AL 1E~fA TKW OR ADfYTgN TO TNS 9N7VEY /5 A vaLA rKw shown hereon are from field o6servolions ECON/C SUR -EYORS, P.C. OF SLCTY,W 7Y09 OF T/E AEE YOPec STATE EDtKATION LAM. Dnd or lrom dolD obtained tram others. (63/1 765 - 5020 FAX 16311 765 - /797 EXCEPT AS PER fECTIOW 7YOS-SUBD/VISroN 2. ALL CfRTLr/CA DONS There/ore 1/leir locations and or existence p, O. 8DX 9D9 /EREDN ARf VACO FOYP THIS NAP AAO COPIES THEREOF ONLY is n0/ uO/Onlee~ NOSE .~M.HPA TUR APPEARS IIEREO~RESSEO SfAL OF THE SURVEYOR 9 SOUTHORAOVE~Ey ST9R;ET ~ 0 7~ - - - ~ 2T • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALDChairLCENSKI ti~~~oF oUryOlo Southold, NY 11971 l~ OFFICE LOCATION: WILLIAM J. CREMERS ~ Town Hall Annex KENNETH L. EDWARDS G C 54375 State Route 25 JAMES H. RICH III '~O ~ (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR I~COU~ Southold, NY Telephone: 631 ?65-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 5, 2012 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Final Approval: Standard Subdivision for Daniel Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 4, 2012: WHEREAS, this proposal is to create a 2-lot standard subdivision on a 1.6682 acre parcel where Lot 1 is 36,333 square feet and Lot 2 is 36,332 square feet in the R-40 Zoning District; and WHEREAS, the Southold Town Zoning Board of Appeals granted approvals for Lots 1 and 2 for lot area variances and a side yard setback variance on July 30, 2009; and WHEREAS, on March 9, 2010, the Southold Town Planning Board granted Sketch Approval on the map prepared by John Metzger, L.S., dated July 15, 2009; and WHEREAS, on September 13, 2010, a Preliminary Public Hearing for the above- referenced application was held and closed; and WHEREAS, on November 15, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval; and WHEREAS, on February 24, 2011, the agent submitted an application for Final Plat Approval along with the Final Application Fee in the amount of $500.00; and Fischer Page Two June 5. 2012 WHEREAS, on October 3, 2011, the Southold Town Planning Board reviewed the Office of the Town Engineer's comments and decided that in place of a full SWPPP the Board would require storm water calculations; and WHEREAS, on April 9, 2012, the agent met with the Planning Board at their Work Session to discuss the requested storm water calculations. The Planning Board agreed that the calculations were not necessary due to the fact that the site is already improved. Additionally, the Planning Board required a Covenant and Restriction restricting that storm water be retained on-site; and WHEREAS, on April 18, 2012, the agent submitted revised Covenants and Restrictions; and WHEREAS, on April 25, 2012, the agent submitted the required Park and Playground Fee and the Administration Fee; and WHEREAS, on May 16, 2012, the agent submitted five mylars and six paper prints which had been endorsed by the Suffolk County Department of Health Services; and WHEREAS, on May 21, 2012, the Planning Board, at their Work Session, accepted the revised Covenants and Restrictions and agreed to waive the final hearing pursuant to Section 240-56 of the Southold Town Code; and WHEREAS, on May 30, 2012, the agent submitted Covenants and Restrictions recorded with the Suffolk County Clerk, Liber 12694 and Page 708; be it therefore RESOLVED, that the Southold Town Planning Board grants Final Approval on the map entitled "Final Plan Fischer Property", dated April 12, 1990 and last revised January 17, 2012, prepared by John T. Metzger, Peconic Surveyors P.C., and authorizes the Chairman to endorse the map. Upon endorsement of the Final Plat by the Chairman, the mylars and paper prints must be picked up at this office and the Final Plat filed with the Suffolk County Clerk by the applicant within 62 days of the date of Final Plat Approval, or such approval shall expire. Final Plat Approval shall be determined in accordance with §276 of the New York State Town Law. Final Plat is void if revised after approval. No changes, erasures, modification(s), or revisions shall be made to any Final Plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first re-submitted to the Planning Board and the Planning Board approves any modifications. In the event that any such Final Plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the Final Plat stricken from the records of the Suffolk County Clerk. Fischer Pape Three June 5.2012 If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. censki Chairman Encl. cc: Building Dept. w/map Assessors w/map • • MAILING ADDRESS: PLANNING BOARD MEMBERS DF $~Vr P.O. Box 1179 DONALD J. WILCENSKI y~l Southold, NY 11971 Chair ~ OFFICE LOCATION: WILLIAM J. CREMERS ~ ~ Town Hall Annex KENNETH L. EDWARDS G • ~@ - 54375 State Route 25 JAMES H. RICH III - ~ MARTIN H. SH)OR (cor. Main Rd. & Youngs Ave.) '~CDU~ ~ Southold, NY Telephone: 631 76b-1938 Fas: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD I June 5, 2012 ~ c, JUN X012 Charles R. Cuddy, Esq. r,r P.O. Box 1547 roe ~i ~~F a r~~oi o Riverhead, NY 11901 Re: Final Approval: Standard Subdivision for Daniel Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: -The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 4, 2012: WHEREAS, this proposal is to create a 2-tot standard subdivision on a 1.6682 acre parcel where Lot 1 is 36,333 square feet and Lot 2 is 36,332 square feet in the R-40 Zoning District; and WHEREAS, the Southold Town Zoning Board of Appeals granted approvals for Lots 1 and 2 for lot area variances and a side yard setback variance on July 30, 2009; and WHEREAS, on March 9, 2010, the Southold Town Planning Board granted Sketch Approval on the map prepared by John Metrger, L.S., dated July 15, 2009; and WHEREAS, on September 13, 2010, a Preliminary Public Hearing for the above- referenced application was held and closed; and WHEREAS, on November 15, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval; and WHEREAS, on February 24, 2011, the agent submitted an application for Final Plat Approval along with the Final Application Fee in the amount of $500.00; and ~ , fir; ~ ~ CHARLES R. CUDllY ~ ~ a~rroR~ev ,~~r c.~~ -4.45GRII=FI:VG.~V'LVI_;E RIV'ERHE?D,~E\X' PORK bi,.I..,g Addre>~: ~I'E L: (631)369-R~x) P.O. Box 16-47 FA.A: (63])3(73-9(k~0 R ivcr}~ca~, i~Y 11901 T]-mai~: cha r~ec.c u~~<<y ([~vcrizo~~.nci May 30, 2012 Ms. Alyxandra Sabatino, Planner Towrr of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sabatino: Enclosed is a certified copy of the Declaration of Covenants and Restrictions for the Fischer parcel at Orient, which was recorded with the Suffolk County Clerk on May 30, 2012, at Liber 12694 page 708. Very truly yours, Charles R. Cuddy CRCiik Enc. M P'~ 3 0 2012 • • CC # : C12-21765 e 't: . 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 05/30/2012 under Liber D00012694 and Page 708 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, 1 have hereunto set my hand and affixed the seal of said County and Court this 05/30/2012 SUFFOLEC C/O~UNT///Y~ CLERK ~l~ dcz,L ~7, YcLa.~4~i-/ JUDITH A. PASCALE SEAL 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: 05/30/2012 Number of Pages: 5 At: 11:38:57 AM Receipt Number 12-0061517 LIBER: D00012694 PAGE: 708 District: Section: Block: Lot: 1000 015.00 08.00 001.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5.20 NO RPT $60.00 NO Fees Paid $130.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I ?z Number of pages _ This document will be public ~,ir-F;L« ~_~:uar, record. Please remove all _ _c:r;n_ r,>,=:<,=_ Social Security Numbers 7~ prior to recording. Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page /Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. ~ ~ Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Mansion Tax Certified Copy... The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on n page# ofthis~tru er}t~ 4 I 1000 01500 0800 001001 1.1 5 Community Preservation FuCCnd Real F P T S Consideration Amount $ Tax Se R LPA A Age 30-MAY-1 CPF Tax Due $ Verifi~ Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD Charles R. Cuddy, Esq. PO Box 1547 TD Riverhead, NY 11901 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 # s Suffolk Coun Recordin & Endorsement Pa e This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Nancy Fischer The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE or HAMLET of Orient BOXES 6 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 this 'day of ~ ~ , 2012, by Nancy Fischer residing at 38785 Main Road, Orient, New York 11957, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-15-08-1.1 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Boazd has required that the within Declazation be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the Lots 1 and 2 within the Subdivision Map of Fischer Property at Orient, prepared by John Metzger, Peconic Surveyors, P.C., which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: 1. DECLARANT and subsequent owners shall maintain and cut back the brush along Page 1 of 3 { and up to the fence line along the northerly line of Lot#2 which directly abuts a Town of Southold Recharge Basin. 2. Removal of trees along the southern property line of Lots# 1 and 2 along S.R. 25 as shown on the preliminary subdivision map shall be prohibited except to allow for the maintenance andlor removal of dead and diseased trees which pose a risk to the health, safety and welfaze of the lot owners. 3. If the trees referred to above need to be removed due to disease or death, they shall be replaced by trees selected from the Town of Southold Planning Boazd's list designated "Native/Natural Buffer Plantings Specifications" so as to maintain the integrity of the New York State Scenic Byway-S.R. 25. 4. The 12 existing street trees that occur on proposed Lot # 1 and the 23 existing trees on proposed Lot# 2 located adjacent to Ryder Farm Lane have been accepted to satisfy the §240-17, Technical Requirements, Item H, 2, (n) and § 161-44 Street Tree Requirements of the Town Code. 5. The Declazant recognizes Section 236 of the Southold Town Code and agrees that subject parcel will not contribute to the following prohibited storm water discharges: A. Dischazges to public highways and rights of way; B. Dischazges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of the Southold Town Code; C. Discharges from private properties to adjoining properties, without express permission; D. Discharges to public drainage control systems and networks, without express permission ; E. Discharges of illicit liquids to any of the azeas listed above and any other azea within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. 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 by the owner of the property only with the written consent of the Page 2 of 3 ~ "l;own granted by a majority plus one vote of the Planning Boazd after a public hearing. If any section, subsection, pazagraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants aze intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy inequity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required bylaw or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declazation shall run with the land and shall be binding upon the Declarant and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. ~Gv4 Nancy F scher STATE OF NEW YORK ) ss.: COUNTY OF ) On the~!~day of ~ in the yeaz 2012, before me, the undersigned, personally appeared Nancy Fischer, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on tlae instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Denise M. Cuddv ~ ~ Notary Public State of'~~c~~ Ynrk Notary Public No. O1CU6178519 Suffull: C uunty Comission Expires Dec. 3, 20~ Page 3 of 3 r~. SCHEDULE A -DESCRIPTION ALL that certain plot, piece or pazcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, 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 northerly side of Main Road (S.R25) with the westerly side of Ruder Farm Lane; RUNNING THENCE along the northerly side of Main Road South 57 degrees 51 minutes 10 seconds West for a distance of 405.06 feet; THENCE North O1 degree 34 minutes 00 seconds West along land now or formerly of Stephen A. Kelemen and land now or formerly of Mario O. Fitzsimmons for a distance of 334.78 feet; THENCE North 88 degrees 26 minutes 00 seconds East along Lot #65 on "Map of Orient by the Sea" for a distance of 11421 feet; THENCE South O1 degree 34 minutes 00 seconds East along land now or formerly of Town of Southold for a distance of 24 feet; THENCE North 88 degrees OS minutes 20 seconds East along land now or formerly of Town of Southold for a distance of 183.89 feet to the westerly side of Ryder Farm Lane; THENCE South 27 degrees 08 minutes 00 seconds East along the westerly side of Ryder Farm Lane for a distance of 117.30 feet to the point or place of BEGINNING. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SQUIyo so c ~ ~a oNY lis7l DONALD J. WILCENSHI ~O l~ Chair OFFICE LOCATION: WILLIAM J. CREMERS rJa ~ Town Hall Annex KENNETH L. EDWARD5Gc~ ~ ~O 54375 State Route 25 JAMES H. RICH III O~y ,M ,.p (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR 00001, Southold, NY Telephone: 631 765-1838 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 23, 2012 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision for Daniel Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Planning Board reviewed the above-referenced application at their May 21, 2012 Work Session and have agreed to the following: 1) Accept the revised Covenants and Restrictions. Please file the Covenants and Restrictions with the County and submit a copy to the Planning Department no later than May 30`". 2) The Board will consider issuing Final Approval at the June 4th Public Meeting if the Planning Department has received a copy of the filed Covenants and Restrictions no later than May 30`h. 3) The Board has also agreed to waive the Final Hearing pursuant to Section 240- 56 of the Southold Town Code. If you have any questions regarding the above, please contact this office. Very truly yours, O~~CG~~ cSQbo~~ Alyxandra Sabatino Planner • WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 21, 2012 4:00 a.m. Southold Town Meeting Hall 4:00 p.m. Applications Project name: Fischer, Daniel & Nancy SCTM#: 1000-15-8-1.1 Location: 38785 NYS Rt. 25, Orient Description: This is a proposed 2-lot standard subdivision of a 1.67-acre parcel where Lot 1 = 36,333 sq. ft & Lot 2 = 36,332 sq. ft. in the R-40 Zoning ,District. Status: Cond. Preliminary Approval Action: ,Review revised C & R's. Attachments: Staff Report Project name: Manor Grove Conservation SCTM#: 1000-53-1-1.2 & 1.3 , I Subdivision Location: ~ Northeast corner of Albertson Lane and Main_Road, Greenport Description: This proposal is for an 80/60 clustered conservation subdivision of a 29.8-acre parcel into two lots where Lot 1 = 0.72 acres in the LB Zoning District, and Lot 2 = 28.74 acres to be preserved as open space in the R-80 & LB Zoning Districts. An undevelopable'/, acre strip of land will also be subdivided in the R-80 Zoning District to be merged with . adjacent parcels. Status: 'Conditional Final Approval Action: ' Review C & R's Attachments: Staff Report Project name:.,,. Verity, David ..SCTM#: 1000-78-3-26 Location: ~ 860 Nokomis Road,, Southold 'Description: This proposal is a Standard Subdivision of a 1.32-acre parcel into two lots where Lot 1= 0.60 acres (26,340 sq. ft.) and Lot 2 = 0.71 acres (31 057 sq .ft.) in the R-40 Zoning District. Status: Sketch Approval I Action: !Consider for SEAR determination and Sketch Extension Attachments: Staff Report Project name:. ~ Platinum East Properties, LLC ~ SCTM#: 1000-69-6-3 Location: ~ 48205 Route 25, 1956.85' west of Ackerly Pond Lane, Southold i, Description: 'This site plan is for the proposed construction of a 2,880 sq. ft. electrical contractor office/warehouse on 0.9 acres in the General Business (B) Zoning District, Southold. Status: ,New Application , Action: Review for completeness Attachments:.,.. ,Staff Report Discussion: Sterling Harbor Inc. at Bayview Barn, SCTM#1000-88-2-15.5 ~ ~ 5~bf Cif ~ARL~S R. CUDDY AT'fORNia" ;AT L.~\V -446 C,RIPPIVll;1\~E;\I!E PiV'I31.HH,AI),NE\Xi YORK D1~11~~g .Addr~55: TPL: (631) 369-8X1 I10. B~,x 15-47 PAX: (631)369-9080 ~'irer~ie~~, A7" 11901 E-ntai~: c}~a r)es.cu di)y (U Vexi-ro n.neL May 15, 2012 ~Y ~ s Ms. Alyxandra K. Sabatino, Town Planner Town of Southold Planning Department __J PO Box 1179 Southold, NY 11971 ` Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sabatino: Enclosed are five (5) mylars and six (6) prints of the subdivision map which have been signed and sealed by the Suffolk County Department of Health Services. My understanding is that this map will be presented to the Planning Board for final approval and will be signed by the Chairman. Very truly yours, C~~~ Charles R. Cuddy CRC/ik Enc. • • f g ~ rte- C~I3ARLES R. CUDDY ,1TTORI~EY A'I' LAn' X16 GR I FF[ NG .U'E Ni' G RIb'ERHEAI),~EIX' PORK ah~lh,.~ Adores,: TL'L: 1631)369-~47t`A) P.O. R~,x 15-~i PAY: (631) 369-9(k~0 R irerh cad, Y'1' 11901 P-inai aha r~e s.C?ddy~iberizon.oet April 23, 2012 Ms. Alyxandra Sabatino, Planner APA 2 5 2012 Town of Southold Planning Department P~ BOX 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sabatino: In accordance with your letter of April 12, 2012, enclosed please find a check in the sum of $7,000 representing a park and playground fee as well as a check in the sum of $2,000 representing payment of an administrative fee. Please note that the applicant received approval from the health department under date of February 17, 2012 and the requested Declaration of Covenants was already submitted to your attention and is awaiting Planning Board approval. Please advise when this matter will appear on the Board's agenda for final approval. Very truly yours, Charles R. CuddGy CRC/ik Enc. P.S. We are enclosing a print of the subdivision map endorsed with approval of the Suffolk County Department of Health Services. • Pl Page 1 of 1 Sabatino, Alyxandra K. From: Charles Cuddy [charles.cuddy@verizon.net] Sent: Wednesday, April 18, 2012 10:51 AM To: Sabatino, Alyxandra K. Subject: [New Sender - ] - Fischersubdivision-Orient -Message is from an unknown sender Attachments: img-418104325.pdf Ms. Sabatino: We amended the covenant to include the language provided in your letter of April 12, 2012, at paragraph 5. Please confirm that it is acceptable so it maybe signed. Charles R. Cuddy ~Pa t a ~ , 4/18/2012 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this _ day of , 2012, by Nancy Fischer residing at 38785 Main Road, Orient, New York 11957, hereinafterreferred to as the DECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-I 5-08-1.1 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Boazd has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the Lots 1 and 2 within the Subdivision Map of Fischer Property at Orient, prepared by John Metzger, Peconic Surveyors, P.C., which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: 1. DECLARANT and subsequent owners shall maintain and cut back the brush along Page 1 of 3 and up to the fence line along the northerly line of Lot#2 which duectly abuts a Town of Southold Recharge Basin. 2. Removal of trees along the southern property line of Lots# 1 and 2 along S.R. 25 as shown on the preliminary subdivision map shall be prohibited except to allow for the maintenance and/or removal of dead and diseased trees which pose a risk to the health, safety and welfare of the lot owners. 3. If the trees referred to above need to be removed due to disease or death, they shall be replaced by trees selected from the Town of Southold Planning Board's list designated "Native/Natural Buffer Plantings Specifications" so as to maintain the integrity of the New York State Scenic Byway-S.R. 25. 4. The 12 existing street trees that occur on proposed Lot # 1 and the 23 existing trees on proposed Lot# 2 located adjacent to Ryder Farm Lane have been accepted to satisfy the §240-17, Technical Requirements, Item H, 2, (n) and § 161-44 Street Tree Requirements of the Town Code. 5. The Declarant recognizes Section 236 of the Southold Town Code and agrees that subject pazcel will not contribute to the following prohibited storm water discharges: A. Discharges to public highways and rights of way; B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of the Southold Town Code; C. Dischazges from private properties to adjoining properties, without express permission; D. Discharges to public drainage control systems and networks, without express permission ; E. Dischazges of illicit liquids to any of the azeas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. These covenants and restrictions shall run with the land and shall be binding upon the Declazant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Page 2 of 3 Town granted by a majority plus one vote of the Planning Board a8er a public hearing. If any section, subsection, pazagraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declazation is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the Declarant and its 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 ofthe property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declazant above named has executed the foregoing Declaration the day and yeaz first above written. Nancy Fischer STATE OF NEW YORK ) ss.: COUNTY OF ) On the ~ day of in the year 2012, before me, the undersigned, personally appeared Nancy Fischer, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 • • MAILING ADDRESS: PLANNING BOARD MEMBERS -``~Ql: St)(/ry P.O. Box 1179 DONALD J. WILCENSKI Old Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS ~ • 54375 State Route 25 JAMES H. RICH III Q~ (cor. Main Rd. & Youngs Ave.) MARTIN H.~SIDOR y(,'oU~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2012 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision for Daniel Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Planning Board reviewed this application at their April 9, 2012 Work Session and have agreed that the Storm Water Calculation Narrative requested in a letter dated October 5, 2011 is not necessary due to the fact that the site is already impcoved. However, in place of the Storm Water Calculation Narrative, the Board requests that the Covenants and Restrictions be revised with a clause that states: "The following storm water discharges are prohibited pursuant to Section 236 of the Southold Town Code: A. Discharges to public highways and rights-of-way. B. Discharges to tidal and freshwater wetlands, bluffs, dunes, beaches and other natural protective features as defined in Chapter 275 of this Town Code. C. Discharges from private properties to adjoining properties, without express permission. D. Discharges to public drainage control systems and networks, without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County andlor state." Fischer Page Two April 12, 2012 The remaining items are required to continue towards Final Approval: 1) Submission of Subdivision Final Plat with a Suffolk County Department of Health Approved stamp; and 2) Submission of a Park and Playground Fee in the amount of $7,000.00; and ~ 3) Submission of an Administration Fee in the amount of $2,000.00 dollars! If you have any questions regarding the above, please contact this office. Very truly yours, SQ~~-. Alyxandra Sabatino Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 9, 2012 4:00 a.m. Southold Town Meeting Hall 4:00 p.m. Applications 5:30 p.m. Review Public Meeting Agenda _ _ Project name: Mill Creek Inn 8~ Marina SCTM# . 1000-56-7-2 Location: 64300 NYS Route 25, on south side of Rt. 25, 424' west of Dolphin Drive, Greenport Description: 'This site plan is for the proposed improvement and renovation to an existing 50 slip marina & 8,989 s.f. restaurant with new marina/dock master building, parking areas and site drainage on a 3.27 acre parcel in the M-II Zoning District. . Status: New Application Action: Review for completeness Attachments: 'Staff Report Project name: _ ' ~i; rf__ SCTM#.:1000-15-8-1.1 a.. _ _ _ , Location 38785 NYS Rt 25, Orient Description: This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where ,Lot 1 36,333 sq. ft & Lot 2 = 36,332 sq ft. in the R-40 Zoning District. Status: Cond Preliminary Approval..,..,. Action: ~ Agent to meet with Board re: drainage. _ Attachments: Staff Report _ _ Project name: _ ' loannou, Constantine ~ SCTM#: 1000-23-1-14.7 _ ;Location: ; on the north side of State Road 25, 4,848 feet e/o Kayleigh's Court, in East Marion Description: This proposed standard subdivision is for 3 lots on 6.81 acres where Lot ! 1 = 92,332 sq. ft., Lot 2 = 124,679 sq. ft., inclusive of the 25' wide right- of-way, and Lot 3 =.80,000_ sq. ft. _ _ Status: Conditional Preliminary Approval Action: Review revised draft deeds and Road & Maintenance Agreement. Attachments: Staff Report _ Project name: y Knapp, Alfred ~ SCTM#. 1000-68-1-11 &-13.3 _ Location: 3425 Soundview Ave., Peconic ; Description: This proposed lot line change will transfer 11,578 sq. ft. from Parcel B to :Parcel A. Parcel A will increase in size from 377,613 sq. ft, (8.6 acres) to 389,191 sq. ft. (8.9 acres). Parcel B will decrease in size from 164,878 sq. ft. (3. acres) to 1,53 300 sq ft (3.5 acres). R 80 Zoning District. Status:- Pendm g , Action: f Review draft deeds. ; Attachments: j Staff Report • • Pry'{-~t'' ~T' ~ S ubmission Without a Cover Letter V S Sender: L 1`1CX ~-P S C.VC,.C9 ` Subject: Rev ~ S P d ~-t ~ SG her ~ 1 SCTM#: 1000 - I b - ~ `7 - I Date: III 1 ~ I Z Comments: DECLARATION OF COVENANTS AND RESTRi_CTIONS THIS DECLARATION, made this _ day of , 2011, by Nancy Fischer residing at 38785 Main Road, Orient, New York 11957, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tex Map as District 1000-15-08-1.1 and more particularly described on the annexed Schedule A, which real property is Uxe subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the Lots 1 and 2 within the Subdivision Map of Fischer Property at Orient, prepared by John Metzger, Peconic Surveyors, P.C., which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, Page 1 of 3 and assigns, to wit: 1. DECLARANT and subsequent owners shall maintain and cut back the brush along and up to the fence line along the northerly line of Lot#2 which directly abuts a Town of Southold Recharge Basin. 2. Removal of trees along the southern property line of Lots# 1 and 2 along S.R. 25 as shown on the preliminary subdivision map shall be prohibited except to allow for the maintenance and/or removal of dead and diseased trees which pose a risk to the health, safety and welfare of the lot owners. 3. If the trees referred to above need to be removed due to disease or death, they shall be replaced by trees selected from the Town of Southold Planning Board's list designated "Native/Natural Buffer Plantings Specifications" so as to maintain the integrity of the New York State Scenic Byway-S.R. 25. 4. The 12 existing street trees that occur on proposed Lot #1 and the 23 existing trees on proposed Lot# 2 located adjacent to Ryder Farm Lane have been accepted to satisfy the §240-17, Technical Requirements, Item H, 2, (n) and §161-44 Street Tree Requirements ofthe Town Code. 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 by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other Page 2 of 3 remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made apart hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the Declarant and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Nancy Fischer STATE OF NEW YORK ) ss.: COUNTY OF ) On the _ day of in the year 2011, before me, the undersigned, personally appeared Nancy Fischer, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 • • i PLANNING BOABD 11~11~ER$ OE SOU tiSAII,iNG ADDRI~S: nlAxrmr H. snwx ,t0~'~ ry0~ Southold, NY 119'Jl ~ Chess * * O~F'iCB LOCA'140N: ' wiLLL9M J. CREMERS ~ Tows HaII AuneE >D.'NDT&TIi L. EDWARD8 • 54875 State Route 26 JAMi48 H. RICH III ,f~~ ~ (cwr. Mam Rd. & Youngs Ave.) DONALD J. wII.GENSHI , Southold, NY Telaphona:881785.1888 j~ >r~ es1785.8186 I PLANNING BOARD OFFICE October 5, 2011 TOWN OF 90LJTFIOLD Charles Cuddy, Esq. ' P.O. Box 1547 Rivefiead, PIY 11901 Re: Proposed Standard Subdivision for Daniel Fisher ~ ' - ~ Located at 38785 NYS Route 25, Orient SCTM#1000-15-ti-1.1 Zoning Districk R-40 ~ Dear Mr. Cuddy: i The Planning Board discussed the requlremeM of a full SWPPP as specified in their September j 2B, 2011 letter at their October 3, 2011 work session and decided the following: Ii 1) Please submit the subdivision Rnal Plat with a Suffolk County Department of Health ? Approved stamp. III . 2) .Please submit the submission of a Park and Playground Fee in the amount of $7,000.00. 3) Please submit an Administration Fee in the amount of $2,000.00 dollars. 4) Add a Gause to the Covenants and Restrk:tions stating: °I'he 12 existing street trees that ~ occur on proposed Lot One and the 23 existrrg trees on proposed Lot Two located adjacent to Yormgs Avenue have been accepted to satisfyYhe §240-17. Technical Requirements. Item H, 2, (n) and §161-44. Street Tree Requirements of the Town Code; and 5) In place of a full SWPPP the Boats is requiring that storm water calarlations (See Chapter 236 of the Southold Town Code), existing stone water controls and proposed . V storm water controls (if necessary) be sutxnitted for the action in narrative format for Board review. If you have any questions regarding the above, please rx,Mact ihis office. Sincerely, . Martin Sldor, Chair Cc Jamie Richter, Office of the Town Attorney • 1JF SO(/ M MAII.ING ADDRESS: PLANNING BOARD MEMBERS TyO P.O. Box 1179 MARTIN H. SIDOR /~0 l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS G Q Town Hall Annex KENNETH L. EDWARDS • ~O 54375 State Route 25 JAMES H. RICH III Ol~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSHI CDUn I Southold, NY Telephone: 831 78b-1938 Fax: 831 76b-3138 PLAIVIVING BOARD OFFICE TOWN OF SOUTHOLD January 10, 2012 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision for Daniel Fisher Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Planning Board reviewed this application at their January 9, 2012 Work Session and have agreed to the following: 1. Make revisions to the Storm Water Calculation Narrative. (Please see the attached report from the Office of the Town Engineer.) 2. Please revise Clause #4 of the Covenants and Restrictions to reflect the correct street name: Ryder Farm Lane; "The 12 existing trees that occur on proposed Lot #1 and the 23 existing trees on proposed Lot #2 located adjacent to Ryder Farm Lane have been accepted to satisfy the §240-17, Technical Requirements, Item H, 2, (n) and §161-44 Street Tree Requirements of the Town Code." If you have any questions regarding the above, please contact this office. Very truly yours, c~ ~ ~G Alyxandra Sabatino Planner Encl.: Engineer's letter dated 12/13/11 Southold Town P• ninq Board Work Session - Page Tw•Januarv 9, 2012 Project name: ~ Stanton, Phil 8 Jennifer _ _SCTM# 1000 64 1 29 a. _ Location Maple Lane, Southold Description: -This proposal is fora 3 lot standard subdivision in the R-40 Zoning I j District. Status: Pre-submission Action: ;Rewew request for special exception to Town Code Attachments: ~ Staff Report _ _ ~ 9 l._... . Location ame 3 5~N k 'SCTM# ? 1000 15 8 1 1 _ Rt 25, Onent Description: This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where'. .Lot 1 ,36,333 sq. ft & Lot 2 = 36,332 sq ft in the R-40 Zoning .District. Status: ; Cond Preliminary Approval Action: ~ Review Town Engineer's comments. Attachments ~ Town Engineer s Comments Project name: Guadagno,_ Patrick ;SCTM# ; 1000 27 1 2 _ _ _ _ , Location {north side of Orchard Street, approx .1,008' west of Platt Road, in Onent Description: !This standard subdivision of a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres inclusive of a 2.5-acre building envelope and 6 acres of subdivision open space Status: Conditional Preliminary Plat Approval_ _ - Action: ,Rewew for Conditonal Final Approval ' Attachments ,Staff Report - _ Project name !Sherwood House Vineyards _ ~ SCTM#: ! 1000 10.0 4 5 3 Location ' 2600 Ore on Road,_Mattituck _ .A _ _ 9. , Description. This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453 s.f. gravel parking lot with a connecting paved footpath. . Status: .Pending Action: Status Up-date I. _ , Pro ect name: Conklrn~ Point Estates j SCTM#_ ~ 1000 53-4 44 1 & 44.3 Location { W side of Kerwin Boulevard, 575 feet W of August Ln , Greenport. Description: ;This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot' 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 ,acres, excluding the area of wetlands. Status: a Conditional Sketch Approval Action: .Review Final Plat. Attachments: ~ Staff Report _ - _ ~ From: Charles Cuddy [mailto:charles.cuddy@verizon.net] ,J Sent: Wednesday, December 28, 2011 10:32 AM To: Lanza, Heather Subject: Standard Subdivision-Fischer Re: Proposed Standard Subdivision for Daniel Fischer Dear Ms. Lanza: !n the letter of October 5, 2011, the Planning Board has requested that the applicant include an additional provision in the Declaration of Covenants. Attached is the proposed Declaration with additional paragraph #4. Please confirm the Declaration of Covenants is now acceptable so we may have it signed and then record it. Charles R. Cuddy 1 /3/2012 • DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this ^ day of , 2011, by Nancy Fischer residingat 38785 Main Road, Orient, Newyork 11957, hereinafterreferred to as theDECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-15-08-1.1 and more particulazly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County CIerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the Lots 1 and 2 within the Subdivision Map of Fischer Property at Orient, prepared by John Metzger, Peconic Surveyors, P.C., which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon alt purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, Page 1 of 3 and assigns, to wit: 1. DECLARANT and subsequent owners shall maintain and cut back the brush along and up to the fence line along the northerly line of Lot#2 which directly abuts a Town of Southold Recharge Basin. 2. Removal of trees along the southern property line of Lots#1 and 2 along S.R. 25 as shown on the preliminary subdivision map shall be prohibited except to allow for the maintenance and/or removal of dead and diseased trees which pose a risk to the health, safety and welfare of the lot owners. 3. If the trees referred to above need to be removed due to disease or death, they shall be replaced by trees selected from the Town of Southold Planning Board's list designated "Native/Natural Buffer Plantings Specifications" so as to maintain the integrity of the New York State Scenic Byway-S.R. 25. 4. The 12 existing street trees that occur on proposed Lot #1 and the 23 existing trees on proposed Lot# 2 located adjacent to Xoungs Avenue have been accepted to satisfy the §240-17, Technical Requirements, Item II, 2, (n) and §161-44 Street Tree Requirements of the Town Code. These covenants and zestrictions 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 by the owner of the property only with the written consent ofthe Town granted by a majority plus one vote of the Planning Board after a public hearing. 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 ofthese covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants aze 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 Page 2 of 3 • remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the Declarant and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declazant above named has executed the foregoing Declaration the day and year first above written. Nancy Fischer STATE OF NEW YORK ) ss.: COUNTY OF ) On the _ day of in the year 2011, before me, the undersigned, personally appeared Nancy Fischer, personally lmown to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instnuent and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 SCOTT A. RUSSELL ~~~gttF~OIX~~~ JAMES A. RICHTER, ~.A. SUPERVISOR ~ ~ ENGINEER TOWNHALL - 53095 MAIN ROAD pp ~ TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (631) - 765 -9015 ~p Tel. (631) - 765 - 1560 yi7~.~ ~~`*yt* JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD r Martin H. Sid6Y December 13, 2011 Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Daniel Fischer-"2" Lot Subdivision SCTM 1000-15-08-1.1 Dear Mr. Sidor: As per a request from your office, I have reviewed the Site Plan, dated 2/23/11 as prepared by Peconic Surveyors, P.C. and the Drainage Design Calculations, dated 10/12/11, prepared by James J. Deerkoski, P.E. for the above referenced two lot subdivision. Please consider the following: 1. The drainage design calculations submitted indicate that drywells already exist for one of the residential structures. There is no indication of where drywells are located or how large the drainage structures are. Drainage structures should be verified as to size, location and how they are connected to the roof drain system. 2. The calculations also use a runoff coefficient of 0.9 & 0.8 for roof & patio areas. These coefficients should be 1.0 for both areas. Gravel Pavement areas should use a run-off coefficient of 0.6. 3. Using only the second residence and the patio & gravel driveway areas, this site would generate approximately 934 C.F. of stormwater run-off during a 2" rainfall event. This quantity of stormwater would appear to be too large to be contained by lawn areas within the property limits. Soil permeability tests and grade elevations would be required to verify that this lawn area is capable of recharging this amount of stormwater in a timely manner. 4. It is recommended that additional drainage BMP's or structures be designed to contain the runoff generated by both lots within this proposed subdivision. Due to the fact that both lots within this site plan have already been constructed and/or built-out, I have reviewed existing site drainage conditions with the Highway Department. At this time, they have confirmed that there are no apparent drainage and/or stormwater run-off problems associated with this site. However, due to the Towns MS4 requirements, it is recommended that we be consistentwith the requirements of Chapter 236 whenever we have the opportunity to call for new drainage systems to control stormwater. If you have any questions regarding this review, please contact my office. inc rely, James A. Richter, R.A. cc: Peter Harris, Superintendent of Highways MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SO(/j~o P.O. Box 1179 MARTIN H. SIDOR 'lam ~ Southold, NY 11971 Chair # ~ OFFICE LOCATION: WILLIAM J. CREMERS G R Town Hall Annex KENNETH L. EDWARDS ~ ~ ~ 54375 State Route 25 JAMES H. RICH III li~CO (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino, Planner ~S Date: November 17, 2011 Re: Daniel Fischer Application Name: Daniel Fischer Tax Map Number: 1000-15-8-1.1 Location: Orient Type of Application: Sketch Subdivision Map (Dated: 1 Preliminary Subdivision Map (Dated: 1 _X, Final Subdivision Map (Dated: 02/23111 1 Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) X_ Other (Dated: 10/20/11 1 Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: 1 Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where Lot 1 = 36,333 sq. ft. & Lot 2 = 36,332 sq. ft. in the R-40 Zoning District. ZBA variances (lot area and setback) have been granted for this property. Thank you for your cooperation. Enc: 1 Final Plan 1 Storm Water Calculation Narrative 1 Letter dated 10/5/11 CHARLES R. CUDDY ATTORNEY AT LAW X15 GRI FFING AV E NUE RIVERHEAD,NEW YORK LMei~in~Address: TEL: (631369-8~J0 P.O. Bax 1547 FAX: (631)369-9080 Riverhea~., NY 11901 E-mail: c~ar~ea.cuddy~lvecizon.net October 17, 2011 Ms. [~lyxandra Sabatir;o, Piaiiner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sabatino: In connection with the letter of October 5, 2011, from Martin Sidor, Chair of the Planning Board, we are enclosing a storm water calculation in narrative format from James J. Deerkoski, P.E. Please review the enclosure with the Planning Board Members. Very truly yours, `n"r Charles R. Cuddy CRC/ik Enc. OCT 2 0 2011 JAMES J. DEERKOSKI P.E. 260 Deer Drive Mattituck, NY 11952 631- 774 7355 October 12, 2011 The Planning Board Town of Southold Re: Run off Q~ I 2 ~ 7U~~ Dan Fisher Main Road, Orient NY To whom it may Concern Attached is a stonn water calculation for the above referenced property. Rain water discharge in a 100 year storm for the property is 2,390.624 gallons. This water will end up running to the low areas north of the house and south east of the barn and be contained within the property limits. If you have any questions on [his matter, please do not hesitate to contact tne. Tha2ah you, ~F NEW y ~~F' ~ DEEgT~'Q~. ~F' _ o~P~ St ~ a, a us James DeerkoskrP~ ~ ~ z A `~0 James Deerkoski PE - Mattituck NY 631-774-7355 DAN FISCHER Main Road, Orient NY Percentage of the Run off Contribution Location Area - (A) Comments property Coefficient Factor (CF) 1.1 Roofs 2,186.00 3.0% 0.00 0.00 Contained by Drywall 1.2 Roofs 1,614.00 2.2% 0.90 1452.60 2 Pavements & Patios 750.00 1.0% 0.80 600.00 3 Lawn, Gardens, Vegetation 33,000.00 45.4% 0.15 4950.00 . 4 Gravel Access, (unpaved) 5,400.00 7.4% 0.20 1080.00 5 Wooded Areas 29,716.00 40.9% 0.05 1485.80 Total Property (Area in S FT) 72,666.00 9568.40 AveragelmpermiabilityFactor(log)= (0+1452.6+600+4950+ 13.2% 1080 + 1485.8) / 72666 = The storm discharge is Q lommuee: Q lommures = (C R; A//360 319.58 C FT 2390.624 Gallons C =13.2% A = 72666 Sq. Feet Ri = 2'%hour or 0.167 Ft/Hour (based on 100 year storm) 7 • ~N~~II #ST o JAMF~TFO o z o mm ~ ~ ~ o ~ O ~ ~iL~`S~ ~~O ~~~iNEER 'F • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of SDUrjfrO P.O. Box 1179 MARTIN H. SIDOR ~ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS G Q Town Hall Annex KENNETH L. EDWARDS ',Q • ~O 54375 State Route 25 JAMES H. RICH III ~y ~~V ~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI C~U~ 1 Southold, NY Telephone: 631 765-1935 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 5, 2011 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision for Daniel Fisher Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Planning Board discussed the requirement of a full SWPPP as specified in their September 26, 2011 letter at their October 3, 2011 work session and decided the following: 1) Please submit the subdivision Final Plat with a Suffolk County Department of Health Approved stamp. 2) Please submit the submission of a Park and Playground Fee in the amount of $7,000.00. 3) Please submit an Administration Fee in the amount of $2,000.00 dollars. 4) Add a clause to the Covenants and Restrictions stating: "The 12 existing street trees that occur on proposed Lot One and the 23 existing trees on proposed Lot Two located adjacent to Youngs Avenue have been accepted to satisfy the §240-17. Technical Requirements. Item H, 2, (n) and §161-44. Street Tree Requirements of the Town Code; and ?5) In place of a full SWPPP the Board is requiring that storm water calculations (See Chapter 236 of the Southold Town Code), existing storm water controls and proposed storm water controls (if necessary) be submitted for the action in narrative format for Board review. If you have any questions regarding the above, please contact this office. Sincerely, , ~ ~ Martin Sidor, Chair Cc: Jamie Richter, Office of the Town Attorney Plannin Board Work Sessi Paae Two ~ October 3. 2011 _ Project name: ;Currie, Lawrence ;SCTM#: ; 1000-59-6-18.1, 19.1 & 19.2 . _ a Location. ; on Soundview Avenue, 101.85 feet north east of Kenny's Road, in ,Southold Description: This proposed Lot Line Modification transfers-0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6- 19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. Status: Pending Action: Review Town Engineer's comments, and Lot Line Policy/ Heath Dept. Attachments: Town Engineer s Comments Project name: Fischer, Daniel 8~ Nancy ;_.SCTM#; 1000-15-8-1.1 Location 38785 NYS Rt 25, Onent - . Description. ;This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where Lot 1 = 36,333 sq. ft & Lot 2 = 36,332 sq. ft. in the R-40 Zoning District. ;ZBA variances (lot area and setback) have been granted for this :..Property _ _ _ _ Status: Cond Preliminary Approval Action: Revew Town Engineer s comments. Attachments: Town Engineer s Comments Project name: T.K. Alpha, LLC Shopping Ctr. !SCTM#: 1000-140-2-20 Location: ~ 535 Pike Street, on the north side of Pike street, approximately 100 feet east of Love Lane, in the Hamlet Business Zoning District, Mattituck Description: This site plan is for the proposed construction of a 2,573 s.f. mix-use ;building consisting of 3 units on the first floor for retail use, 2 at 554 s.f. each and another at 1,200 s.f. and 2 residential apartments on the second floor, 554 s.f. each. In addition, there is an existing 605 s.f. a building proposed as a retail use on an 11,561 s.f. parcel. - , Status: Pendin _ g _ Action: Applicant presenting new plan proposal. Attachments: Discussion: 1) ZBA draft comments Metro PCS Elijah's Lane 2) Planning Board Meeting Time Change a. Public Meetings from 6pm to 4pm b. Work sessions from 4pm to 2pm WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 26, 2011 4:00 p.m. Applications Project name: ;Currie, Lawrence ;SCTM#: % 1000-59-6-18.1, 19.1 & 19.2 ; Location: ~ on Soundview Avenue, 101.85 feet north east of Kenny's Road, in ;Southold Description: I This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6- 19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. , Status: ;Pending - - Action: ± Review referrals, discuss setting hearing at 10/17 public mtg. for 11/14 Attachments: i Staff Report Protect name The Fields at Mattituck ,SCTM# 1000-113 2 1.1 A..... ; Location n/o Bergen_Avenue, Mattituck _ _ _ Description: Mayor Subdivision of 27 lots on a 60.42-acre parcel _ , Status: Final Approval .filed map Action: Review proposed C & Rs & Town Engineer s comments. _ _ , Attachments. Staff Report Draft C & Rs Project name:Fischer, Danwl 8 Nancy ~ SCTM#. j 1000-15 8-1.1 a Location + 38785 NYS Rt 25, Oraent _ , Description: 'This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where i Lot 1 = 36,333 sq. ft & Lot 2 = 36,332 sq. ft. in the R-40 Zoning District. ~ ZBA variances (lot area and setback) have been granted for this property Status: ~ Cond Preliminary Approval _ Action: j Review draft letter to applicant - Attachments: ~ Draft Letter _ _ Project name: Bayberry Estates; SCTM#: ~ 1000-55 6-35, 55-6-36, Location: { on the west side of Laurel Avenue, approximat 56-1-1 ely 150 feet south of Yennecott Drive in Southold Description: This proposal is fora Standard Subdivision of a 50.0609 acre parcel into 18 lots and two (2) open space parcels where the lots range in size from; i 28,235 square feet to 36,400 square feet, with the open space parcels ;totaling 35.0227 acres, excluding the wetlands in the R-80 Zoning ;Distract Status: Conditional Preliminary Approval , Action: Consider extending Conditional Preliminary Approval. Attachments: 9/8/11 letter requesting Conditional Preliminary Extension CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIEFING AVENUE RIVERHEAD,NEW YORK Mai)inA Address: TEL: (631)369-8'~ P.O. Box 1547 FAX: (631)369-9080 Rivccbead, NY 119[)1 E-mai): char)es.cuddy@vexizon.net February 24, 2011 Ms. Tamara Sadoo, Planner Tc:~m cf Scuthcl d Planning Depart'T:ent PQ $OX i179 Southold, NY 11971 F i ~ 2 5 2~~1 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sadoo: We are enclosing an application for final plat approval along with a check in the sum of 5500 representing a final subdivision filing .fee. Also enclosed are six (6) prints of the final subdivision map. Please note that. we are in the process of obtaining health department approval. We would appreciate your advise what additional requirements must be complied with in order to receive final subdivision approval. Very truly yours, Charles R. Cuddy l;aC/ l IS Enc. DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this _ day of , 2011, by Nancy Fischer residing at 38785 Main Road, Orient, New York 11957, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at Orient, Town of Southold, County of Suffolk, State of New Xork, known and designated on the Suffolk County Tax Map as District 1000-IS-OS-1.1 andmoreparticulazlydescribedontheannexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning $oazd of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declazation be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the Subdivision Map of Fischer Property at orient, prepared by John Metzger, Peconic Surveyors, P.C., which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, Page 1 of 3 and assigns, to wit: 1. DECLARANT and subsequent owners shall maintain and cut back the brush along and up to the fence line along the northerly line of Lot#2 which dtrectly abuts a Town of Southold Recharge Basin. 2. Removal of trees along the southern property line of Lots#1 and 2 along S.R. 25 as shown on the preliminary subdivision map shall be prohibited except to allow for the maintenance and/or removal of dead and diseased trees which pose a risk to the health, safety and welfare of the lot owners. 3. If the trees referred to above need to be removed due to disease or death, they shall be replaced by trees selected from the Town of Southold Planning Boazd's list designated "Naflve/Natural Buffer Plantings Specifications" so as to maintain the integrity of the New York State Scenic Byway-S.R. 25. 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 by the owner ofthe property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. Page 2 of 3 ~ • The within Declazation is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the Declarant and its 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 ofthe property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and yeaz first above written. Nancy Fischer STATE OF NE4J YORK ) ss.: COUNTY OF ) On the day of in the yeaz 201 I, before me, the undersigned, personally appeared Nancy Fischer, personally known to me, oz proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 ~ . ~ MAILING ADDRESS: PLANNING BOARD MEMBERS ~pF SOUTy P.O. Box 1179 MARTIN H. SIDOR Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ 54375 State Route 25 JOSEPH L. TOWNSEND (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI ~y~DUIV'f'1 Southold, NY Telephone: 631 766-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 16, 2010 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Conditional Preliminary Approval: Standard Subdivision for Daniel Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 15, 2010: WHEREAS, this proposal is to create a 2-lot standard subdivision on a 1.6682 acre parcel where Lot 1 is 36,333 square feet and Lot 2 is 36,332 square feet in the R-40 Zoning District; and WHEREAS, the Southold Town Zoning Board of Appeals granted approvals for Lots 1 and 2 for lot area variances and a side yard setback variance on July 30, 2009; and WHEREAS, an application for Sketch Plan Approval was submitted on September 15, 2009, including the sketch plan prepared by John Metzger, L.S., dated July 15, 2009; and WHEREAS, the Southold Town Planning Board accepted the application for formal review at their Monday, December 7, 2009 Work Session; and WHEREAS, on March 9, 2010, the Southold Town Planning Board granted Sketch Approval on the map prepared by John Metzger, L.S., dated July 15, 2009; and WHEREAS, on April 8, 2010, the applicant submitted an application for Preliminary Plat Approval; and V • Fischer Paae Two November 16, 2010 WHEREAS, on August 9, 2010, the Southold Town Planning Board set the Preliminary Public Hearing for the above-referenced application for September 13, 2010; and WHEREAS, on September 13, 2010, a Preliminary Public Hearing for the above- referenced application was held and closed; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Approval subject to the following conditions: 1) Submission of a Final Plat Application 2) Submission of Final Application Fees (See Southold Town Code §240-8(B)) . 3) Submission of Draft Covenants and Restrictions pertaining to: a. Maintenance of and cutting back of the brush along and up to the fence line along the northerly property line of Lot #2 which directly abuts a Town of Southold Recharge Basin; b. Removal of trees along the southern property line of Lots #1 and #2 along S.R. 25 indicated upon the preliminary map prepared on January 14, 2010 with additions made on March 26, 2010 by John Metzger, L.S., and submitted April 8, 2010 to the Southold Town Planning Board shall be prohibited except to allow for the maintenance and or removal of dead and diseased trees which pose a risk to the health, safety and welfare of the lot owners; c. Should the trees referenced in 3(b) above need to be removed due to disease or death, they shall be replaced by trees selected from the Town of Southold Planning Board "Native/Natural Buffer Plantings Specifications" list so as to continue to maintain the integrity of the New York State Scenic Byway - S.R. 25. Preliminary Plat Approval is valid for six months. Within six months of the date of this approval, a Final Plat Application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman ~ ~ CHARLES R. CUDDY A'CTORNEY AT L ~\W 445 GRI FI~TNG AVENUE RI\'EP.HEAD,NEIX' YORK Mai~in~+ Andress: TEL: (631)369-$~ P.O. B~>x 1544 FAX: (631)369-9080 Rivcr}~cad, NY 11901 E-mail: cbax~ee.cuddy@vexi>.on met October 8, 2010 Ms. Tamara Sadoo, Planner Town o~ Southold Planning Departme_~t PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sadoo: On September 13, 2010, the hearing in connection with the above subdivision was closed. Are you in a position to adopt a resolution with respect to this project? V/ery ~tru~ly~yours, Charles R. Cuddy CRC/ik Enc. OCT 12 2010 MAILING ADDRESS: PLANNING BOARD MEMBERS ~~F S~Vl P.O. Box 1179 MARTIN H. SIDOR ~0~ y0/_ Southold, NY 11971 Chair ~ `O,~{, OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex C KENNETH L. EDWARDS 54375 State Route 25 JOSEPH L. TOWNSEND ~ • (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI ly(,~QU~ ~ Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2010 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Close Preliminary Hearing for the Proposed Standard Subdivision for Daniel & Nancy Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: A public hearing was held by the Southold Town Planning Board on Monday, September 13, 2010 regarding the above-referenced Standard Subdivision. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, t.,,,r..~. Martin H. Sidor Chairman CHARLES R. CUDDY ~ ~ ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK MaSl~n~ Aa~rees: TEL: (631)369-8200 Ro.I3~~x 1547 FAX: (631)369-9080 Riverhead, 1~~Y 11901 E-mail: e~ar~ee.cuddy@vexizon.net September 9, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sadoo: We are enclosing an Affidavit of Posting along with the certified mailing receipts and signed green return receipt cards in connection with the hearing scheduled for September 13, 2010. Very truly yours, Charles R. Cuddy CRC/ik Enc. AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 38785 NYS Route 25, Orient, NY 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 August 26, zolo 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 ca; ramt,ar , , ~n, n Charles R. Cuddy Your Name (print) Signature PO Box 1547, Riverhead, NY 11901 Address ,Se~~k~nb~r q ~2v~o , Date n1~ ~o n ~ , ~ Notary Public ~ ~ ~ ~t ~ ~ '„'i Mwer ~aarn~ e w N,,, rerk ' ~1+~'~~ , SS3~P ~ ~ W j ~+dI1MdOb ~ ~ ~ ` s 1 ~i ao.° ~ MaCA . 201 f ~ l., - a PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon. Fri.. 9/10/10 w+ieie¦new*f,*ew~++n*:*:fw+ta*****w~r******,e,e,ew,tfrx*r*~~~~se~**k***ffx:::::::rnttx***f*****w~w~ww::r.wrrx***** Re: Proaosed Standard Subdivision for Daniel & Nancv Fischer SCTM#s: 1000-15-8-1.1 Date of Preliminary Hearing: Mondav. September 13.2010.6:00 a.m. ~ ¦ r ¦ i N µ~s ~ ~ ~ ' • • • J E „ ~ y _ ~S V 9 s3~ J! _ ¦ Canplete Rena 1, 2, and 3. Also complete a Signature ~ • g ~ ~ ~ .r Rem 4 R Restricted u desired. ? ~e 2 7C ¦ Print yov rarta endress on the rev X - / ~ ? ndt m ~ ~ so that ws can return the card to ou. ~ ~ Y B. Received by (Printed Name) C. Date of [ o ~ ~ ¦ Attach fhb card to the hack of the mailpiece, & ~ ~Z a on the YroM R apace pertnRs. q ~ D. Is delivery address differerrt t' Article AdAeeaed tO' If YES, enter delivery addre~ below: ~J &&& Eatevea Holding Corp. ~,-i~~Q S v • ~ 80 Sunset Ave. m ~ ~ $ 1 Selden, NY 11784 ~ o ~ o a Tye ~ .D CeNfled Mail ? Mail 3 W ? w o m k T ? Registered Return Receipt for March ~ .C a ? ? R ~ a' ~r ? Insured Mall ? G.O.D. ~ o ~ ' y 4. Restricted i7eliveyl (Exec Fee) ? Yea ~ ~ O 2' ~BNOf`~` 7??9 3410 000 3938 9651 ~ ~ ~ g (r6vm kervlre lebelJ PS Form 3811, February 20(14 Domestic Return Receipt tozasso: W ~ ? ~ ° • m .n ~ ~ 8 w ~o~ tr Frederick R. and Marguerite A. Orestuk w o arPOBaxNa 38640 Main Road w _ § ~ ~ ' r` - - - Ciry, Stare, ZIP+4 ~ y .r, Orient NY 11957 ant - ~ N i ~ ~ ~ ~ 1i66 tr E~.izabeth A. Neville, Town Clerk v » ~ Sheer. APLNai...'...'°'- o ~ ~ K1 r 7C C7 ~ ° D ~ m ? or POeoxNo. PO BOX 1179 ~ W ~ Z rN', IN ~ W ~ , ~ ~`G AV Ctry. Sfere, ZIP+4 y Southold, NY 11971 ~ a 3 H~~ a ,,~~°°g m g f g~ m ' :tr r,. ~ 3~ m m m ~o o m$ m rn T 2g+ r n p r ~ m ry+ ~ sofa Q - b ~a ~:a~m~~ Rf~^~t1,~e - a SrreeTA"Pr Nat"Ca.Lll11Q..----- - m ~ y " o ° g~ 3 n~ ro l7 arPOBOxNa 1 Claridge Dr. ~ ~ ~ o ~ g - - - - - - - m » m m - - - - - - C~ty, stare, ZIP+I o w ~ a G m a Verona NJ 07044-3010 $ V n M ~ o a~ G yG, ento O ~m~~~O ,.I o ' s--Sound---F~oper-t-ies-s---Lne~ - o m g ~ ~9 0 arPOeoxNa. 3.80.15-_Main-Road o - - - - 3 m ~ m N Cdy, Siete, ZIP+4 Orien~ NY 11957 ~ o _ , r . p ~ m ~ o Sent o u' Esteves Holdi ° ~8 Corp.---- - ~ ? o m k Y - - - O $rree! Apf. No.; iQ p a?? ~ w 9 4 O orP09oxNO. SO S set Ave. ~ o - x ~ ~ g t` - CM. Stets, ZIP+4 r 6~ ~ r$ ~ N :,r . ~ $ @ m a g m ~ ~ _ ~ nt o - D- Stephen A. Kelemen _ W ? ~ z a O or PO Bar NO. FO BOX 575 ~ ~ ~ ~ n 2 t` City. .ZIP+4 ~ C ~ y Orient NY 11957 ~ ° 3 3d r. ~s p ~ F ~ t a - : J ? Donald L. Wojnar and.Kathleen_A:Wojnar m ? 3 ? ? r` wPOBOxNa 15 Amber Ct ~ ~ ~ ° city, 3mre: Yia+s ~ East Islip, NY 11730 ~ 6~ o r Y • • e,+^, l;-. ~ • • • • • ~ ¦ Complete kerns 1, 2, and 3. Also co date a sign u kem 4 If Resticted Delivery Ia desired X ~ ? A9~ ¦ Pdnt your name and address on the verse So that We Can return the card to you. eNed by (Po NartreJ _ ~ .Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front k space permits. ~ ~ D. b tlelhrery address 1mmh ekiesmM1 Yes 1. Article Addressed to: k YES, enter delivery address Cv`~t~ C7 No a~G Elizabeth A. Neville, Town Cle Town of SOuthold PO Box 1179 Southold, NY 11971 a ~d,,,,„.n,~ ~'Ceklfled MaN ? Mall ? Repbterad Relum Receipt for Merchandise ? Insured lAaN C.O.D. 4. Reetdcted Delivey! (Fxha Fee) ? Yes 2. Art~leNumtxr 7009 3410 ?000 3938 9613 ' (Tiansle. horn servdoe kbsn ~ _ PS Form 3811, February 2004 '1 Domestic Return Reeelpt ~ td25e5a2-m-75404 ¦ Compkite kerns 1.2. end S. Also` plate a sip re . kem 4 k Restricted Dekvary kt rd ¦ Print your name and address on the reveres yed so that wa can return tfte card to you. g, ns) 'tey4peuv~ ¦ Attach this card to the beck of the mellpkice, or on the front k space permks. - D. b dalNery address dklerent flan Item 14 ? Yes 1. Aracle Addressed to: k YEg. enter delvery address below: ? No Frederick R. Orestuk Marguerite A. Oreatuk 38640 Main Road Orient, NY 11957 a gery~~ype 1>~certlsed Man O F~reee Map Repbterad ~FiaWm Receipt for Memhandlee ' ? Insured Mall ? C.O.D. 4. Reetrkted Dellveryl /Fxbe Fee) ? Yes 2. AkIcleNumbar 009 341 0000 3938 9606 (narw,r can aerHCe debe9 PS Form 3811, February 2004 Cromeatic Return Receipt 102595-02-M-f500 , >wo n says ~t -~t ,~~F ~ ~s i t, ~ '?vSpa pef i1.Jrili SY`t~f~ ra' .1 fm~ , ~ ~ , of New ~:Irl. -lr.,. ,lta,. ..r.. ~ t,t., rPyUlafly I~U~f 4'y~rt ir'. ~ omment; ~ ri~~ , ~t,. r'°,nr~~a ir,r LEGAL NOTICE IVo&e of Public Hearing NOTICBdS HEREBY GIVENthat, pursuant to Section ~.27b of the 'Ibwu Iaw:andAiticle 7C7{V of the Code o[the Town of Southold, a public hearing will beheld by the Southold Town Planuiug Board, at the Tovm':Ha11, Main Road, Southold, New York on the 13th day of Septembey 2010 on the question- of the following: 6:W p.m, Proposed Standa[d Subdi- visioA for DanicL & Nancy L9schcr lo- rate~dat38785NYSRt.25, drient;Town of Southold;'Countytif SuffolK, Statc of .New York: Suffolk County T'ax Map ,Rr Number 1000 ~3-S 13 ~ _ 6.OSyp.m, tProposed Waite Plan Cor the 3EIvICO Winery°aocatcd at'825 NYS Rt. - 25,~approzimateiy 206'. east o{Bailey ' Avettug; on the n!s/ot NYS Route 25, in ~ - Green~ort, Town of Southold, County ' ~of Suffolk,=State of New York Suffolk '.County Taz Map.Number ]000-35-].-24 'Dated. &7Z37L0 BY ORDER OFTHE SOUTI30ED TOWNpLANNLNC BonxD .Martin Ii. Sidor .Chairman 9906-1T 9/2 9906 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 2nd day of September. 2010. / / ~ ~ Principal Clerk Sworn to before me this day of 2010. ' vouNSx)w ~.Hp~c11NA -v OF NEW YORK - ~ ~ ~;.-).;t)50 ~i ~ 't; Coonry V`` ~ 28.2012 . ,;os fen~uory .,oamus;~;, .`i • ~ . • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of S~UryO South ld ~NY 11971 MARTIN H. SIDOR ~Q Chair y .tt. OFFICE LOCATION: WILLIAM J. CREMERS ~ Town Hall Annex KENNETH L. EDWARDS i~` ~ 54375 State Route 25 DONALD J. WILL NSKI OIxC~U~ ~ (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 76b-193 S Fas: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY G{VEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 13th day of September, 2010 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Daniel & Nancy Fischer located at 38785 NYS Rt. 25, Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-15-8-1.1 6:05 p.m. Proposed Site Plan for the JEMCO Winery located at 825 NYS Rt. 25, approximately 200' east of Bailey Avenue, on the n/s/of NYS Route 25, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-24 Dated: 8/23/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, SEPTEMBER 2, 2010 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 ` Y • • Kalin, Carol From: Legals [legals@timesreview.com] Sent: Monday, August 23, 2010 2:44 PM To: Kalin, Carol Subject: RE: Legal Ad for 9I2I10 Suffolk Times Hi Carol, I have received the notice and we are good to go for the 9/2 issue. Thanks and have a great afternoon/evening! Candice From. Kalin, Carol [mailto:Carol.Kalin@town.southold.ny.us] Sent: Monday, August 23, ZO10 2:21 PM To: Legals Subject: Legal Ad for 9/2/10 Suffolk Times Please print the attached legal ad for the Planning Board's 9/13/10 public hearings re: Fischer Standard Subdivision and JEMCO Winery in the 9/2/10 edition of the Suffolk Times. An a-mail confirmation will be appreciated. Thanks. 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 Carol.Kalin@town. southold.ny.us 8/23/2010 - . • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of S~UjyO ~ P ~ 1d,oNY111971 MARTIN H. SIDOR ~Q Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ p 54375 State Route 25 JOSEPH L. TOWNSEND ~ ~n~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI `y~',O~ ~y~ Southold, NY Telephone: 631 76b-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 13th day of September, 2010 on the question of the following: 6:00 p.m. Proposed Standard Subdivision for Daniel & Nancy Fischer located at 38785 NYS Rt. 2.5, Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-15-8-1.1 6:05 p.m. Proposed Site Plan for the JEMCO Winery located at 825 NYS Rt. 25, approximately 200' east of Bailey Avenue, an the n/s/of NYS Route 25, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-1-24 Dated: $/23/10 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 24th day of August, 2010 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 9/13/10 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Standard Subdivision for Daniel & Nancy Fischer, SCTM#1000-15-8-1.1 6:05 p.m. Public Hearing for the proposed Site Plan for the JEMCO Winery, SCTM#1000-35-1-24 ~ Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ~.~~'day of ~~n t , 2010. J Nota P lic MELANIE DDROSKI NOTARY PUBLIC, State of New York No.01D04634870 Qualified in Suffolk County I I~ Commission Expires September 30, 2 ~ f'f • • MAILING ADDRESS: PLANNING BOARD MEMBERS _``~pF SOUjy P.O. Box 1179 MARTIN H. SIDOR ~0~ Southold, NY 11971 Chair ~ 'Oy_ T OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS H ~ @ 54375 State Route 25 JOSEPH L. TOWNSEND /~~n~ (cor. Main R.d. & Youngs Ave.) DONALD J. WILCENSKI y~~ Southold, NY Telephone: 631 765-1838 Fax: 631 766-3186 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 10, 2010 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Set Preliminary Hearing for the Proposed Standard Subdivision for Daniel Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, August 9, 2010: RESOLVED, that the Southold Town Planning Board sets Monday, September 13, 2010 at 6:00 p.m, for a Preliminary Public Hearing at the Southold Town Hall regarding the map entitled "Preliminary Plan of Fischer Property", prepared by John T. Metrger, Land Surveyor, dated April 12, 1990 and last revised on March 26, 2010. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting alone with the certified mailing receiats AND the sinned green return receiat cards before 12:00 noon on Fridav. September 10th. The sign and the cost need to be returned to the Planning Board Office after the aublic hearing. If you have any questions regarding the above, please contact this office. Very ruly yours Martin H. Sider Chairman Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-15-8-1.1; 3. That the property which is the subject of this application is located in the R-40 Zoning District; 4. That the application is for a proposed 2 lot standard subdivision of a 1.6682 acre parcel where Lot 1 would total 36,333 sq. ft. and Lot 2 would total 36,332 sq. ft. ZBA approvals (area and setback) have been granted for this property which is located at 38785 NYS Rt. 25 in Orient; 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; The Planning Board Office will be closed on Monday, September 6m 6. That a preliminary public hearing will be held on the matter by the Planning Board on Monday, September 13. 2010 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Daniel & Nancy Fischer Date: 8/10/10 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.. 9/10/10 Re: Proaosed Standard Subdivision for Daniel & Nancv Fischer SCTM#s: 1000-15-8-1.1 Date of Preliminary Hearing: Mondav. Seatember 13.2010.6:00 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the boazd 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 boazd or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the ofTicial 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 hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 FISCHER DANIEL & NANCY FISCHER STANDARD SUBDIVISON 1000-15-8-1.1 Proposal fora 2 lot standard subdivision of a 1.6682 acre parcel where Lot 1 would total 36,333 sq. ft. and Lot 2 would total 36,332 sq. ft. in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. ~IIONDAY -SEPT. 13, 2010 - 6:00 P.M. ~ ~ -02.9 ~.Oq.q P 1-qp.q ISUWD AP1-0 A N sw .pp. . - ° ° )-10- r i u-o w.- 1° 1 ri pis ? x-21-01 1 1 Llµcl ~ L,I. Lu Ls ~'e oi,oi -ov~o~ P ' O °u i) N Is 11 Sc11 Si ~ i i. 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X0. ~ - ~ ` 1l ~ G~ SEE SEG N0. 1~~ g r 3 L- 0x0-Of 002 ] 020-o1-g09.1 °r 1~ ]a E 264µc f t n • W2CN L0E x.96tc1 ?o' P 2 B q n a m .9,tc • N I r k ~i Yom' Y 11 q) ' V ~ , ~ -a4~' I ,m ~ N 9.I,m a - L „°.Rn;„b SO°6vuk~lF --x„- ar°».~1.~: ,„g*""~a.o°,„~ ~ mss, NoricE COUNTY OF SUFFOLK © E SOUTHOlO sccrroR rro E .~:..~....o... RmN.~.m,.,.N. Izv „n Q ».9Yn°.,N. •m-R,M,w ,~Ra =E.w 6,x,wwCF,u,FRn Real Property Tax Service Agency r ~ N9 ~L~ ° 015 v. C sw°,,. i,w v..a.. ° ' wr. wim Ir - woPnr ~r - Ns. r.e ..m r o¢rReerox a ,xr Fw2pN a 9~ TE6/ Canty [enter Poverhea4N Y 11901 ° E . ~ ° wnr v..q. w - - - - re sm.. w - - - ~ 56.Fau u9xrr ux u,P ¢ waeirto +~l Y al• ,x w a N ..rr° vn n ,gym u.u x.. w r.. e...°. w - - r - _ a..a. v.°.q. u. - . s.ua ° .u+n.,m nrwvr •xrrwrr[w6soN v r~6 ~ ? s srAl x 1[FUS ° P ~ ~n o6nett ro IOOO PRQPERTY MAP p u'1 ~ ° rta PROPwrr u swva ,arc.. ~ ~ CHARLES R. CUDDY f ATTORNEY AT LAW 445 GRIFFING AVENUE RTVERHEAD,NEW YORK Ma4ling Addr~s3_ TEL: (631) 3(~-8200 P.O. Rix 1547 FAX: (631)369-9080 Riverh cad, NY 11901 E-mai~: e~ar~es.cuddy@verizon.n ei July 20, 2010 Ms. Heather Lanza, Planning Director Town of Southold Plannina Departmen*. PO Box 117 9 Southold, NY 11971 2~ Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-6-1.1 Dear Ms. Lanza: I would greatly appreciate your setting the hearing date for the Fischer 2-lot subdivision at your August meeting. I have indicated to my client that he is proceeding in good fashion in the Planning Board and I would like to assure him that he will have a preliminary subdivision approval. Very truly yours, 1~~~~ Charles R. Cuddy CRC/ik Enc. MAILING ADDRESS: PLANNING BOARD MEMBERS ~QF ~OUTy P.O. Box 1179 MARTIN H. SIDOR ~0~ Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ 54375 State Route 25 JOSEPH L. TOWNSEND ~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI l'`(,~Q~ ~ Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 30, 2010 Mr. Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Re: Standard Subdivision for Daniel Fischer Location: 38785 NYS Rt. 25, Orient SCTM#: 1000- 15.-8-1.1 Dear Mr. Cuddy: The Southold Town Planning Board has received and reviewed the application for Preliminary Approval for the above referenced project at their Monday June 28, 2010 Work Session. Based upon this review, the Southold Town Planning Board has accepted the application for Preliminary Approval for the above referenced application for formal review, will begin the SEORA process and will set the Preliminary Public Hearing at the July 12, 2010 Public Meeting for August 9, 2010. If you have any further questions, please do not hesitate to contact this office. Thank you. ~ir~,Y~-~~L c~~~ Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 28, 2010 4:00 p.m. Applications Project name: Regina's Garden SCTM#: 1000-120-3-5 Location: 1150 Sound Ave, Mattituck Description: This site plan application is to convert an existing 1,400 s.f. building to anj :office in connection with the overall farm use of the site on 1.03 acres located on the south side of Sound Ave, 300 feet west of Aldrich Lane, in', the AC Zoning District. _ Status: New Site Plan Action: Review site plan and comments. Attachments: Staff Report Project name: Amy Burns-for H & S Realty SCTM# :.._1000-10.2-2-24.1,_ Location: 31095 Main Road Cutchogue Description: Special Exception to operate a Nursery School Status: ZBA Request for Comments Action: .Review draft comments. Attachments: ,Draft Comments Project name: Fischer, Daniel SCTM#: 1000-15-8-1.1 _ . Location: 38785 NYS Rt. 25, Orient Description: .This is a proposed 2 lot standard subdivision of a 1.6682 acre parcel where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted, for this property. Status: Sketch Approval - - Action: 'Accept application for preliminary approval, start SEQRA, schedule preliminary public hearng. Attachments: Staff Report, Time Line, Check List Project„name: Guadagno, Patrick SCTM# , 1000 27-1-2 Location: on the north side of Orchard Street, approximately 1,008' west of Platt 'Road, in Orient Description: This proposal is fora standard subdivision to subdivide a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 2.5-acre building envelope and 6 acres of subdivision open space. Status: Conditional Sketch Approval,.., Action: Accept Preliminary Application -schedule preliminary public hearing. Attachments: Staff Report, Time Line, Check List • • CHARLES R. CUDDY ~ 1 ATTORNEY AT LAW 445 GRI FF[NG AV E NL; E RIVERHEAD,NEW YORK Malin Add~~sa: TEL: (631)369-8200 P.O. Bax 1547 FAX: (631)369-9080 Rrvcr~cad, NY 11901 E-may): char)es.cnddy@vexizon met April 7, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO BOX 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sadoo: This application received sketch plan approval on March 8, 2010. We now enclose an application for preliminary plat approval together with a check in the sum of $1,000 and five (5) prints of the preliminary subdivision map. Since this 2-lot subdivision does not involve roads and recharge basins, and the existing structures are to remain as dwellings, we request that you proceed to process this application expeditiously. VeLry truly yours, L/:~l~Z~ Charles R. Cuddy ; CRC/ik Enc. is ______-_J • • MAILING ADDRESS: PLANNING BOARD MEMBERS pf S17Ujp P.O. Box 1179 MARTIN H. SIDOR O~~ '/0 Southold, NY 11971 Chair ~ OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 JOSEPH L. TOWNSEND ~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI lif'COU'M Southold, NY IY 1, Telephone: 631 766-1838 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 2010 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Sketch Plan Approval Standard Subdivision for Daniel Fischer Located at 38785 NYS Route 25, Orient SCTM#1000-15-8-1.1 Zoning District: R-40 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 8, 2010: WHEREAS, this proposal is to create a 2-lot standard subdivision on a 1.6682 acre parcel where Lot 1 is 36,333 square feet and Lot 2 is 36,332 square feet in the R-40 Zoning District; and WHEREAS, the Southold Town Zoning Board of Appeals granted approvals for Lots 1 and 2 for lot area variances and a side yard setback variance on July 30, 2009; and WHEREAS, an application for Sketch Plan Approval was submitted on September 15, 2009, including the sketch plan prepared by John Metzger, L.S., dated July 15, 2009; and WHEREAS, the Southold Town Planning Board accepted the application for formal review at their Monday, December 7, 2009 Work Session; and WHEREAS, on December 15, 2009, referrals for the above-referenced application were sent to the following for comment: 1. New York State Department of Transportation 2. Orient Fire District 3. Southold Town Engineer 4. Southold Town LWRP Coordinator; and Fischer Page Two March 9. 2010 WHEREAS, on December 15, 2009, the above-referenced application was referred to the Suffolk County Planning Commission for review; and WHEREAS, on January 25, 2010, the Suffolk County Planning Department commented that this was a matter of local jurisdiction; and WHEREAS, on February 2, 2010, the Orient Fire District commented that there was adequate fire protection for this proposed subdivision; and WHEREAS, on February 4, 2010, the New York State Department of Transportation commented that the proposed subdivision did not create any issues or concerns for them; and WHEREAS, on February 16, 2010, the Southold Town LWRP Coordinator determined that this action was consistent with the Southold Town LWRP policies; WHEREAS, on February 16, 2010, the Southold Town Planning Board reviewed and accepted all of the above-referenced comments; and WHEREAS, on February 16, 2010, the applicant submitted revised maps indicating all trees on the proposed project site prepared by John Metzger, L.S., dated January 14, 2010; and WHEREAS, on February 19, 2010, the Southold Town Engineer's comments were received for this proposed subdivision; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the map prepared by John Metzger, L.S., dated July 15, 2009. Sketch plan approval is valid for six months. Within six months of the date of this approval, a Preliminary Plat Application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman SCOTT A. RUSSELL ~~~~~~~~I~~~~~~~~:, JAMES A. RICHTER, R.A. SUPERVISOR ~ ENGINEER TOWN HALL - 53095 MAM ROAD +y ~ ~ TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (631)-765-9015 ~ ~ t:T Tel. (631)-765-1560 `C1 '~,r~ JAMIP..RICHTER®TOWN.SOUTHOLD.NY.US , t, OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor ovember 10, 2009 Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Fisher, Daniel &Nancy-Standard Subdivision 38785 Main Road, New York State Route 25, Orient SCTM 1000 - 15 - 08 - 1.1 Dear Mr. Sidor: As per a request from your office, I have reviewed the site plan for the above referenced project. This site plan has been prepared by the office of John T. Metzger, LS and Peconic Surveyors and has been dated July 15, 2009. Please consider the following: 1. This site has been improved with one Single Family wood frame Residence and one wood frame Barn that appears to have been converted to a residence. As per a note from your office, the ZBA has reviewed and approved this application related to area & setback non-conformities. Therefore, these items will not be reviewed herein. 2. The Westerly access to the existing house is located off of State Route 25. A DOT Curb Cut Permit should be provided by the applicant to the Planning Board for this entrance. 3. A Storm Water Pollution Prevention Plan (SWPPP) should be provided to indicate compliance with the requirements of Town Code Section 236 for Storm-water Management. Drainage Calculations, Storm-water Structures and Run-off Controls must be provided for all new and existing impervious surfaces found on site. All calculations for gravel surfaces must use a runoff coefficient of 0.6 of greater. All New & Existing Drainage must be quantified and certified as to size and location. All Roof surfaces must have Gutters & Leaders that are directly connected to the Storm- Water BMP's that are designed to contain all runoff on site. 4. The converted Barn Structure is located approximately 12' from the Town Recharge Basin. Due to the encroachment & use of the Gravel Drive in this area as well as the Landscaping that has b~qn planted along this northerly property line, the Highway .Superintendent has requested C&R's that would require the Owner of Lot #2 to provide routine maintenance with regard to cutting back brush up to the Fence Line. If you have any questions regarding this review, please contact my office. erely, ames A. Ri hter, .A. CC: Peter Harris (Superintendent of Highways) • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 MARTIN H. SIDOR ~~OF SO(/j~o Southold, NY 11971 Chair ~0 l0 l~( OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS G • ~ 54375 State Route 25 JOSEPH L. TOWNSEND '~O ~ (cor. Main Rd. & YoungsAve.) DONALD J. WILCENSffi li{'COU,M'~ Southold, NY n 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 18 2010. Mr. Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Re: Standard Subdivision for Daniel Fischer Location: 38785 NYS Rt. 25, Orient SCTM#: 1000- 15.-8-1.1 Dear Mr. Cuddy: This letter is a follow-up to the Southold Town Planning Board's February 16, 2010 Work Session. The above referenced application has been reviewed by the Southold Town Planning Board for sketch approval and has received comments from all of the applicable commenting Departments and Agencies. Sketch approval review is complete and the Southold Town Planning Board has scheduled the above referenced application to receive Sketch Approval on the subdivision map prepared by John Metzger, Licensed Surveyor, dated April 12, 1990 and last revised on July 15, 2009 at their March 8, 2010 Public Hearing. If you have any questions, please do not hesitate to contact this office. Thank you, ~~7 ~ Tamara Sadoo Planner Southold Town Plannir~oard -Work Session Agenda - 2/2010 -Pape Two ~ Project name_ _ T-Mobile NE at Orient Fire Distric _SCTM#: 1000-18-5-13.8 Location: _ s/s/o Main Road at the s/e intersection of Main and Tabor Roads, Orient Description: Wireless Facility. Proposed co-location of internally mounted antenna to Ian existing 90-foot monopole structure by adding a 10-foot extension (total 100 feet) and related equipment area on a 4.4-acre parcel in the R- ~ _ _ 80 Zone. Status___ Amended Site Plan & Special Exception Action: Consider accepting the application for review with revisions and review draft letter to applicant. Attachments_____ Staff_Report and draft letter____________ _ _ Project name:___ Fischer, Daniel_ _ SCTM#: 1000-15-8-_1__._1 Location: _ 38785 NYS Rt. 25, Orient I Description: proposed 2-lot standard subdivision of a 1.6682-acre parcel where Lot 1 would total 36,333 sq. ft. and Lot 2 would total 36,332 sq. ft. in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for j this s property. _ Status: _ i Reviewing for sketch approval _ Action: _ ~ Schedule site visit per NY_S DOT review _ ~ttachments_---_. Staff Report _ Project name J Briarcliff Sod., Inc. SCTM#: 1000-97-10-1, 85-3-12.1 _ ~ _ & 12.2 Location: i s/s/o NYS Route 25 and the n/s/o Leslie's Road, approximately 1,500' _ ' e/o Bay Avenue, Peconic Description Proposed 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 purchased by The County of Suffolk for the purpose of fannland reservation. _ I Status•_ _ Conditional Final Approval _ _ Action: Review Final Access Easement for drainage Attachments: ~ Easement___ 2 ,r • • l 5 ~ xte.em~~ STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING 250 VETE RAN3 MEMORIAL HIGHWAY HAU PPAUGE, N.Y. 1 1 788-551 8 www.nysdot.gov SUBIMAL CHAK RABORTh P.E. STANLEY GEE REGIONAL DIRECTOR AfTiN6+6MYW~SIONER February 1, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Boazd Office P.O. Box 1179 Southold, NY 11971 _ _ YourhDecember 15, 2009 Submission Fischer Subdivision NY 25, Orient SCTM No. 1000-01500-0800-001001 Our Case No. 09-472P Dear Ms. Sadoo: This is to acknowledge receipt of your submission conceming the subject application. We have completed our review of your submission. Our review finds that this project does not appear to significantly impact the State highway system. As long as no work is progressed within the NY 25 right-of--way (ROW) and the NY 25 ROW is not used to stage vehicles or equipment, no permits will be necessary from us. Please make a note that future submissions to us require a minimum of three (3) copies of all the information and plans. This subdivision 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 I-495, (whichever is farther south), to Long Island Sound in the north. Questions concerning this matter should be directed to Mr. Mazk Wolfgang at (631) 952-7973. Please send all correspondence to his attention at the address above. Please always refer to the subject Case Number and the County Tax Map Number. Ms. Tamara Sadoo • • ~ Febmary 1, 2010 Page 2 of 2 Thank you for your cooperation concerning this matter. Very truly yours, SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Hams, Superintendent of Highways, Town of Southold Mr. Martin Sidor, Planning Board Chairperson, Town of Southold Long Island North Shore Heritage Area Planning Commission SAS:MDW:ajf A • ~~~r; Orient Fire District Board of Fire Commissioners Scott L. Harris Chairman -Linton I. Duell -Harold Griffiths -Arthur A. Rurcede - Robert L Scott, Jr. -Felice Semon, Secretary/measurer February 1, 2010 Tamaza Sadoo Planner Planning Boazd Office Town of Southold PO Box 1179 Southold, NY 11971 Deaz Ms. Sadoo: The Board of Fire Commissioners reviewed your letter dated 12/15/09 at their January 19`" meeting. The Boazd does not find any issue with the access submitted based on the plan for Daniel and Nancy Fischer (SCTM#1000-15-8-1.1). Please mazk your records accordingly. Sincerely, _ 'n1~ Felice Semon ~ ~ Secretary/Treasurer ~ ' Orient Fire District ..,~=zw 23300 Main Road ? Orient, NY 11957 ? (631) 323-2445 ? Fax (631) 323-9706 COUNTY OF SUFFOLK ~ .C S ~ ~~V STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING January 20, 2010 Town of Southold Planning Board Office P.O. Box 1179 Southold, N.Y. 11971 Att: Ms. Tamara Sadoo, Planner Re: Daniel & Nancy Fischer Suffolk County Tax Map No.: 1000-015.00-08.00-001.001 Suffolk County Planning File No.: S-SD-09-07 Dear Ms. Sadoo: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referenced subdivision that has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Sincerely, Thomas Isles, AICP Direc~torr of~~P,l~ann~ing N • Z~ ~l~t John H. Corral Planner JHC:jc ...,.,;.,.ice -..:5 r j~~U i,, ~ 1 n r J t t ~~4 LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ~S • • ~6 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERTIEAD,NEW YORK Ma31,ng Ad_dreea: TEL: (631)369-82(b P.O. Box 1647 FAX: (631)369-9080 Rwerhead, NY 11901 E-maid: char~ee.cuddy@verizo~.net January 20, 2010 Ms. Tamara Sadoo, Planner 'I own of Southoia Planning Department JAI ~ PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sadoo: Dan Fischer dropped off a copy of the subdivision map showing the significant trees at his site. At the lower mid-point of the enclosed map is a .table showing the type of trees and the height of each tree is noted next t_o it. Also, the hedge row is noted along the enter frontage. Extending the driveway from Ryder Farm Lane would result in cutting down a number of large trees. It would also have all traffic from both houses pass immediately in front of the Ryder Farm Lane home. The present driveways have been in use for many years and I submit are appropriately sited. Please n]sce this matter before the Planning Boazd so the applicant may obtain sketch plan approval. Very truly yours, G~~~ Charles R. Cuddy CRC/ik Enc. ~y 1; CHARLES R. CUDDY Y ~ ATTORNEY AT LAW 4~5 GRIFFING AVENUE RIVERHEAD,NEW YOKK Ma~hn~ Addreaa: TEL: (631)369-8200 P.O. Box 1544 FAX: (631)369-9080 Rwer}iead, NY 11901 E-mai): char(es.cuddy@vexizonmet December 14, 2009 Planning Board Town of Southold PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient SCTM#1000-15-8-1.1 Dear Board Members: On December 7, 2009, we discussed the Fischer 2-lot subdivision and there were some concerns expressed over the driveway entrances. For 20 years there have been two (2) driveways to the site. Originally there were two (2) entrances from the Main Road; one (1) was closed off and an entrance was made from Ryder Farm Lane. The driveway from the Main Road (Route 25) was improved and received a permit from the NYS Department of Transportation in 2006, a copy of which is enclosed. The Ryder Farm Lane driveway curb cut was approved by the Orient By The Sea Association prior to the Town assuming maintenance of Ryder Farm Lane. The Main Road driveway provides access to the large house. Using the Ryder Farm Lane driveway would not allow any parking on the large house lot unless trees are removed. Every vehicle going to the large house would be passing directly in front of the house on lot no. 2 (Ryder Farm Lane). .r+- ,."'.l, Under the circumstances, two (2 )°"driv"eways are appropriate, have been authorized and have been tiised separately for many years. I submit they should remain as is. Very truly y~o/u~rs, ~ Charles'1 R. Cudd~~~~~~~ CRC/ik ~F R. sip ,n5j + {}r- r!' C. RI i r i'SPuc trl L_-r' ff~ P!„ ~J iGi~ t-90.i4~J~''i ~}r.~l""t~ ~^Y1.IFE ~ 13°96-123 ' 15 . r~6 y ~~ero~It Fce `5.~ t'ermit lVo s ~j•° !nsur;:nce?'ee: S pro7ectldentifiicationPJO- 1ij01/2,?t~ti "i~ial `rter.eiv~;d: %n . 5893 Feniraiion eats:-, 838© Ci~iec=. r,r SvLO N,n-- ~ l SH No.'. n,ga Deposit F.ec- far ~ ('.heck nl iFl,^, iV~~.: D'dterl. ""emvttee: i3At3IIIr L. FIB ~ *'a(ed { i'.'dc~rk P rrnrm-d I!. the °'tate Rift, ni-',n/av v_ 3$?85 MATPi ROAD „hargeable to Bonn No : P_+.'~ j Qrt7~`,NrI'r NP !1957 Or Llralertaking on File. ilLt Billing Address: (complete if different from above) Return of Deposit Mede i'ayahis to: (complete if different from Permittee) r j L!nder the provisions ofthe Highway Law or Vehicle 8 Traffic. Law, permission is hereby granted to the permittee to: OonsCrUCt 6 parsanantkq Maintain eesidsntial access an n's(o Rt 25 bet. NN ft39-1148 6 other inci6sntal cork per aCt. plans nspecs.-pi cork shall 4a Co saCisfaatien of RE, All nark sfbe dan^ in accsrdanax u(appraved plans, NYS specs sr AOOE.M6PT sfbe aaintatrtad by psr~ittee Until csnpistianef cork, etc. THE PERMiTTEE IS RESPONSIBLE FOR THE MAINTENANCE AND PP.OTECiIGN GF TR.~}.FFIC. ANYONE WORKING IN THE STATE HIGHWAY RIGHT-OF-WAY IS REQUIRED TO WEAR HIGH VISIBILIT\' APPAREL (OP.A.NGE3'1'ELLOW)AND AHARD HAT. County - SUE#8lN SOUTNOLO tdlunicipalib~ - PS Route # - as set forth and representedin the attached application at the particular location or area, or over the routes as stated therein, if required; and pursuant to the conditions and regulations general or special, and methods of performing work, if any; all of which are set forth in the application anrSform of this permit NAUDPAU&E,-N.Y. Dated at: 04~19~2886 Commissioner of Trans rtation Date Signed: EUfiENE SNAN ( BY ) 114PORTANT I `f111S PERMIT, WITH APPLICATION AND 1]RAWING (QR COPIES THEftEpF) ATTACHED SHALL BE PLACED IN THE NAHDS OF THE CONTRACTOR BEFORE ANY WORK BEGINS. THE HIGHWAY WORK ?ERMiT SHALL BE AVAILABLE AT THE SITE DURING CONSTRUCTION. ESEFORE WORK IS STARTEDAEUIN p,1itAAEIS COhti'LETION, THE FERMI19EE,4B`.L'GLRUrtTE AY PdIUS't 4lOTIFY THE RESIDENT ENGINEER, ~ (fiSl)727-1731 RIVERNEAO, XEW YORX 11981 UPON COMPLETION OF WORKAUTHORlZED,THE FOLLO':i+INGWILL BE COAfPi.ETEO, SIGNED BY THE PERMITTEE AND DELIVERED TO THE RESfDEN i EHG!NEER. Work authorized by this perrnii has haen cornplePed. Refund Of deposit or reiiirni re.iB-d50 r,} hood is requested. DATE PERrdITTEE AUTHORIZED AGENT iIf Aryl '?~ork authorized by this permit has been satisfactorily completed and is ar..cepted. Reverse side of this form must be completed. u3 Refund of Cleprsit is authorzed 6 Return of Bond is authorized LJ Mailing address of refund hes been verified iB Amount charged against Bond may be released If different, list new address below. ? Retain Bond far future perrnita L~ rorfeit of Guarantee Lteposit Is aurhnrizeu ()thee DAiE eESOeNrr.~c.ln.~: TiS. r~rg~Jnai i^iiilCe void fur Wdi .i i.iiis i[,)iin to tl~i lidin vfilce vn[~r the apptvprieie box r19Cketi Q~ _ JJ i! 5~~~ • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of S~UTyO SouthOold oNY 11971 MARTIN H. SIDOR ~Q Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS H+ is Town Hall Annex KENNETH L. EDWARDS G ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~CQU~,~~ Southold, NY Telephone: 831 78b-1935 Fas: 831 78b-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Tamara Sadoo Date: December 15, 2009 Re: Standard Subdivision for Daniel & Nancy SCTM#1000- The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. Description This is a proposed 21ot standazd subdivision if a 1.6682 acre parcel where Lot 1 would total 36,333 squaze feet and Lot 2 would total 36,332 squaze feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. Thank you for your cooperation. P ~ ~ ~ ~ wlt~ cam. . MAILING ADDRESS: CANNING BOARD MEMBERS ~~OF OUjyo P.O. Box 1179 MARTIN H. SIDOR ~Q ~ Southold, NY 11971 Chair ~ ~ OFFICE LOCATION: WILLIAM J. CREMERS rA ~ Town Hall Annex KENNETH L. EDWARDS G ~ ~O 54375 State Route 25 OSEPH LDTOWNSEND ~OI~COU,rty ~ (cor. M Solid. aYo~u~ngs Ave.) 1111 Telephone: 631 765-1938 Faz: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: December 15, 2009 Re: Standard Subdivision for Daniel & Nancy Fischer Application Name: Standard Subdivision far Daniel & Nancy Fischer Tax Map Number: 1000- 15-8-1.1 Location: 38785 NYS Rt. 25, Orient Type of Application: X Sketch Subdivision Map (Dated: 09/15/09) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road ProTiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated• 1 Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated• 1 Project Description: This is a proposed 21ot standard subdivision if a 1.6682 acre parcel where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SQUlyO SouthOold,oNY 11971 MARTIN H. SIDOR ~Q Chair y * OFFICE LOCATION: WILLIAM J. CREMERS vs sc Town Hall Annex KENNETH L. EDWARDS ~ ~ ~O 54375 State Route 25 JOSEPH LDTOWNSEND OIyC~U~ ~ (cor. M Sou ho1dYNY ~ Ave.) Telephone: 631 786-1938 Fas: 831 786-3138 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 2009 Mr. Edward Loper, Sr., Secretary & Treasurer 23300 Main Road Orient, NY 11957 Re: Request for review on Standard Subdivision for Daniel and Nancy Fischer SCTM#1000-15-8-1.1 Deaz Mr. Loper, Sr.~ The enclosed subdivision application, referenced above, is being referred to you for fire access review. Please respond with your recommendations at your earliest convenience. This is a proposed 21ot standard subdivision if a 1.6682 acre parcel where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 squaze feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Tamaza Sadoo ',~~y°_`,'~ Planner Encls.: Subdivision Application Subdivision Plat • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~OF SOUry~ P.O. Box 1179 MARTIN H. SIDOR hQ ~ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS G ~ Town Hall Annex KENNETH L. EDWARDS ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON ~ ~~V (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND yC0Va1 ~ Southold, NY Telephone: 631 765-1838 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 2009 New York State Department of Transportation Mazk Wolfgang Re: Comments on the Standard Subdivision for Daniel & Nancy Fischer Located: 38785 NYS Rt. 25, Orient SCTM 1000-15-8-1.1 Zoning District: R-40 Deaz Mr. Wolfgang: The following standard subdivision is being referred to you for comments. This is a proposed 2 lot standazd subdivision if a 1.6682 acre parcel where Lot 1 would total 36,333 square feet and Lot 2 would tota136,332 squaze feet in the R-40 Zoning District. ZBA approvals (azea and setback) have been ganted for this property. If there are any questions you can contact us at (631) 765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully yours, Tamao~ ~~ZCL Planner N w Cc: File Enc. Subdivision Plat, application and EAF. • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of SOVjjyO SouthOold,oNY 11971 MARTIN H. SIDOR ~Q l~ Chair y ~ OFFICE LOCATION: WILLL9M J. CREMERS N ~ Town Hall Annex KENNETH L. EDWARDS G ~ ~@ 54375 State Route 25 OSEPH LDTOWNSEND ~OIyCOUn 11 ~ (cor. Mai~Rd. aYlo`u~nga Ave.) 1111 Telephone: 831 786-1938 Fax: 831 78b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 2009 Suffolk County Planning Commission Mr. Andrew P. Freleng, AICP, Chief Planner H.Lee Dennison Building, 4th Floor 100 Veterans Memorial Highway Hauppauge, New York 11788-0099 Re: Plazming Commission Comments on the Standazd Subdivision for Daniel & Nancy Fischer Located: 38785 NYS Rt. 25, Orient SCTM 1000-15-8-1.1 Zoning District: Deaz Mr. Freleng: Pursuant to Section 239E & M of the General Municipal Law, the following subdivision is being referred to you for comments. Attached aze the subdivision, EAF and subdivision application. This is a proposed 21ot standazd subdivision if a 1.6682 acre parcel where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. If there aze any questions you can contact us at (631) 765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully yours, s- Tam~doao Planner Cc: File Enc. Subdivision Plat, Subdivision Application, ZBA Approval, EAF • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~0~ SQ(/TyO P.O. Box 1179 MARTIN H. SIDOR ~Q ~ Southold, NY 11971 Chair ~ # OFFICE LOCATION: WILLIAM J. CREMERS da ~ Town Hall Annex KENNETH L. EDWARDS G ~ ~O 54375 State Route 25 GEORGE D. SOLOMON ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~`i~U1111 ~ Southold, NY Telephone: 631 766-1935 Fas: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 8, 2009 Mr. Chazles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Re: Standazd Subdivision for Daniel Fischer Location: 38785 NYS Rt. 25, Orient SCTM#: 1000- 15.-8-I.1 Deaz Mr. Cuddy: This letter is afollow-up to the Southold Town Planning Board's December 7, 2009 Work Session. The above referenced application has been accepted by the Planning Boazd for formal review for sketch approval. The Planning Board has also determined that a full ERSAP will not be required for this particulaz application as this property is already improved with tow residential homes and two driveways and is landscaped. Instead, the Planning Board would like the applicant to indicate on an abbreviated ERSAP the following: 1) Significant trees on site to remain 2) Hedgerow along SR 25 3) Driveways and access points on site This application will now be referred out to all applicable agencies and departments for comment and review. Pending these comments further map changes may be wazranted. The applicant should refrain from making any map changes until the comments from the applicable agencies and departments have been received and reviewed by the Southold Town Planning Boazd. Once these comments have been received and reviewed by the Southold Town Planning Board the application will be scheduled for another work session. You will be notified of this next work session date and time. If you have any further questions, please do not hesitate to contact this office. Thank you, ~~'J74~-G~. Tamara Sadoo Planner • WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, December 7, 2009 4:00 p.m. 4:00 p.m. Applications Pro'ect name: ~ CVS Pharmac -Mattituck SCTM#: 1000-143-2-30.2 Location: on the south side of NYS Road 25 on Sigsbee Road and Marlene Lane Descri tion: site plan for a retail pharmacy Status: _ Final A royal -constructed Action: Review site plan for truck routin -address com taint from nei hbors. Attachments: Staff Report re' research on file file does. attached Pro'ect name: Chase Bank - Mattituck SCTM#: 1000-143-3-33.2 Location: 10300 NYS Route 25, 133' +/-east of Marlene Lane &NYS Route 25, Mattituck Description: Site plan for the new construction of a 4,200 sq. ft. bank with two drive- through bays on a previously developed 112,647 sq. ft. (2.59 acre) parcel in the B, General Business, and R-40, Residential Zones. Status: Site Plan under review Action: Review Traffic Stud and LWRP. Attachments: LWRP Review Pro'ect name: _ Batta lia, Joseph & Heidi SCTM#: 1000-64-3-3 Location: on the west side of Hobart Road, approximately 1,059 feet north from Ted Lane, Southold, 1720 Hobart Road Description: standard subdivision of a 95,846 sq. ft. parcel into two lots where Lot 1 is _ 41,280 s . ft. and Lot 2 is 54,074 s . ft. in the R-40 Zonin District Status: Conditional Sketch A royal Action: Accept Preliminary Application, set prelim. public hearing on 12/14/09 for Janua 11, 2010, com lete referral rocess. Attachments: Timeline Pro'eet name: r Fischer, Daniel ~ SCTM#: 1000-15-8-1.1 Location: 38785 NYS Rt. 25, Orient, n/o S.R. 25, w/o R der Farm Lane Description: Standard subdivision of a 1.67 acre parcel into two lots Lot 1 would total ~ 36,333 s.f. and Lot 2 would total 36,332 s.f. in the R-40 Zoning District. ~ _ ZBA area and setback variances have been ranted. Status: _ Olen _ Action: i i~ Accept application for review/consider waiving particular sketch' re uirements. _ Attachments: _ _1 Staff R~ort/Recommendations _ • ~ SCOTT A. RUSSELL JAMES A. RICHTER, R.A. SUPERVISOR I ~ ~ ENGINEER TOWN HALL - 53095 MAIN ROAD.; ~ r'--; TOWN OF SOUTHOLD, NEW YORK 11971 Fax. (631) - 765 - 9015 ~ . ~ Tel. (631) - 765 - 1560 JAMfE.RICHPPR@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor November 10, 2009 Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Fisher, Daniel & Nancy -Standard Subdivision 38785 Main Road, New York State Route 25, Orient 7 SCTM 1000 - 15 - OS - 1.1 Dear Mr. Sidor. As per a request from your office, I have reviewed the site plan for the above referenced project. This site plan has been prepared by the office of John T. Metzger, LS and Peconic Surveyors and has been dated July 15, 2009. Please consider the following: 1. This site has been improved with one Single Family wood frame Residence and one wood frame Barn that appears to have been converted to a residence. As per a note from your office, the ZBA has reviewed and approved this application related to area? & setback non-conformities. Therefore, these items will not be reviewed herein. ~ 2. The Westerly access to the existing house is located off of State Route 25. A DOT 1~((7r Curb Cut Permit should be provided by the applicant to the Planning Board for this entrance. A Storm Water Pollution Prevention Plan (SWPPP) should be provided to indicate compliance with the requirements of Town Code Section 236 for Storm-water Management. Drainage Calculations, Storm-water Structures and Run-off Controls must be provided for all new and existing impervious surfaces found on site. All calculations for gravel surfaces must use a runoff coefficient of 0.6 of greater. All New & Existing Drainage must be quantified and certified as to size and location. All Roof surfaces must have Gutters & Leaders that are directly connected to the Storm- Water BMP's that are designed to contain all runoff on site. The converted Barn Structure is located approximately 12' from the Town Recharge Basin. Due to the encroachment & use of the Gravel Drive in this area as well as the Landscaping that has been planted along this northerly property line, the Highway Superintendent has requested C&R's that would require the Owner of Lot #2 to provide routine maintenance with regard to cutting back brush up to the Fence Line. If you have any questions regarding this review, please contact m~/y office. in erely, ~~~2' ames A. Richter, R.A. CC: Peter Harris (Superintendent of Highways) - >x: R! ~ `y Ip 6 a Y ! s ~ ~s~ .u - r`~ ~ mks } y, i~ ~ r`r •'e 1 t A NP ~ o ~ ~ k'' - ~ ~ ~ ~ 1 . m ~ ~ - = ~ - Y ~ _ F - y~ ~y • s •a r ~ 4aa ~ i Y .fin ~ ~*Gy(- SOT N ~ A ' d&+ ~ l/ 1 ~ ~y~~j,~ r ^ ~ ~ y(~ ~ . . ~ ~ ~ ~ ! x _ L ~ y.Y ~~yy~~ ~ y d _ IN ~ ~ . $ ~ a m, , .r,° -0. • 'x' d' ~ a. a ~ . o ~ ,~LL , ~ ~ 5' i ~ 1 ~ } t ~ j ~ i 84 -~y , ~ ~ t, . ~ _ e ~ ~ ~ ~ " f .r t' . ~ z • _ ~ _ ~ _ , 'i g~ - a ! wv y ki9 • ~ 1 3 'u~i i.4 t # ~ i _ 1' i i 1~ _ !I n f a u _ { _ - r i~ • aS -rF tl _ ~ ~ ~ _ °ffi F bra n T~ a $ _ r , y ~ ~ ~y , a 'i F a x ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ! ~ ~ eil, . • _ ~ L _ fix`.' ~ .r~ ~ ~ ry ~F. ~ s 'b 7 1 ~ c ~ ~~k ~ R ,t ~ ~ . ~ ~ . "'VVV kkk i i y °5 3 i i°: _ y • • .r~ CIiARLES R. CURDY Attorney at Law 445 Griffing Avenue Rivezhead, NY ] 1901 Meiling Address: Tel; {631) 369-8200 PO Box 1547 Fsx:(631)369-9080 Riverhead,NY 11901 e-mail: charles.cyddv(averizan.nct ra Novembez 9, 2009 1 YIA FACSIMILE - (631) 765-3136 ~ ~ ~ ivts. Tamara Sadoo, Planner NOV 2009 Southold Town Planning Department ~ 0 P.O. Box 1179 - _ ; j Southold, NY 11971. J} - Re: FishervMain Road, Orient SCTNI#1000-15-8-1.1 - Dear Ms. Sadoo: We forwarded to you an application for 2-lot subdivision on September 10, 2009, and paid the required subdivision. fee on October 14, 2009. As you may recall, this 2-lot division was approved by the Zoning Board of Appeals. Please advise when this matter will appear on the Board's agenda so we may proceed to obtain approval. Very truly your®s, f C~~•,~--1, t~ Charles R. Cuddy CRC/ik Enc. • ~ CHARLES R. CUDDY r ATTORNEY AT LAW 445 GRIFEING AVENUE RIVERHEAD,NEW YORK Malin Addcese: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 ~-mail: c~axles.euddy@verizon.net October 14, 2009 Ms. Tamara Sadoo, Planner Tc,wn of Southold ~~lanning Department PO BOX 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient-2-lots subdivision SCTM#1000-15-8-1.1 Dear Ms. Sadoo: Enclosed please find a check in the sum of $1,750.OG representing subdivision fee for the above subdivision. Please proceed with review of this application. Very truly yours, Char~~ d CRC%ik Enc. ,R ' , a l_..~-- . CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AV ENi `E RIVERHEAD,NEW YORK Mai]in~dreae: TEL: (631)369-8200 EO. Box 1E47 FAX: (631)369-9080 R~~~~head, ~ n9oi E-mail: ~harles.~~ddy@~eriz~~n.net October 5, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department [C Dli ii ii79 Southold, NY 11971 Re: Fisher-Main Road, Orient SCTM#1000-15-8-1.1 Dear Ms. Sadoo: Supplementing our recent conversation, the Fishers have reviewed their file and have not found that payment was made when. the subdivision application was originally filed. Please confirm to us the fee due for this 2-lot subdivision and we will forward a check. Very truly yours, Charles R. Cuday CRC/ik Enc. ~J l OCT - 6 1? ~ • ~Q CHARLES R. CUDDY Czar ~ ~ ATTORNEY AT LAW 445 GRIFFING AVENUE RIVHRHEAD,NEW YORK Ma~li~ Add~~as: TEL: (631)369-8200 FO. Box 1547 FAX: (631)369-9080 Rwertiead, NY 11901 ~-mai~: c~tazles.cuddy@verizo n.oet September 10, 2009 Ms. Tamara Sadoo, Planner- lh--I U ~ Town of Southold Planning Department ; ~ ~ PO Box 1179 I c~~- ~ Southold, NY 11971 "a ~ Re: Fisher-Main Road, Orient liven SCTM#1000-15-8-1.1 i Dear Ms. Sadoo: In accordance with our discussion, I have prepared an amended application for the Fischer parcel at Orient. As your records will reflect, the Zoning Board of Appeals has now approved 2 lots of 36,332 sq.ft. each in this 1 acre zone. You have an existing file, although, the previous request was based on 2 lots of different size. We therefore have amended the application to reflect present approved size lots. Please advise if you need any additional information in order to proceed with review of this subdivision. Vrery truly yours, Charles R. Cuddy CRC/ik Enc. • • ~Ubf CHARLES R. CUllDY ~ 7S ATTORNEY AT LAW 445 GRIFPING AV ENL'B RIVERHEAD,NEW YORK Ma~liagAddreaa; TEL: (631)36y-8200 EO. Bax 1547 FAX: (631)369-9080 R ivec}~ead, NY 11901 ~,-mai(: char~es.c uddy @verizon.net August 13, 2009 Ms. Tamara Sadoo, Planner 'I'cwn or Southold rlanr.irg llepart:ne~~t PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient SCTM#1000-15-8-1.1 year Ms. Sadoo: Supplementing our earlier letter with respect to the Fischer 2 lots subdivisicn, we enclose a decision from the Zoning Board o~- Appeals. The maps we sent to you reflect the division approved by the Zoning Board of Appeals. Can you now proceed with this application or do yon. require further applicaticn? Very truly~yGo'urs, Charles R. Cuddy CRC/ik Enc. w . - ~ . f ~ ~ Office Location: ~O~~OF $OUry~lo Mailing Address: Town Annex /First Floor, Capital One Bank ~ * 53095 Main Road 54375 Main Road (at Youngs Avenue) ~ P.O. Box 1179 Southold, NY 11971 ~ • ~O Southold, NY 11971-0959 ~y00UNTY,~~ http: //southoldtown. northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 FINDINGS,. DELIBERATIONS AND DETERMINATION REGULAR MEETING HELD JULY 30, 2009 ZBA File # 6292 -Daniel and Nancy Fischer Property Location: 38785 Route 25, Orient CTM # 1000-15-08-1.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEORA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated _2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide orinter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 72,665 square feet in area and is improved with asingle-family, two story frame dwelling, a one story frame improved barn and two accessory structures (play house, and shed), as shown on a survey prepared by John T. Metzger dated April 12, 1990 and revised June 16, 2008. BASIS OF APPLICATION: Requests for Variances, based on an application to the Building Department and the Building Inspector's February 4, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons; (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size in the R-4'0 District, for proposed Lots #1 and #2; (2) the existing as-built (without permits) one story structure is proposed on Lot #2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Note; Shed was moved to conform with side yard setback code provision upon granting of proposed subdivision and new proposed lot'lines. FINDINGS OF FACT The Zoning Board of'Appeals held a public hearing on this application on June 25, 2009, at which. time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: r Page 2 - July 30, 2009 ' ZBA File # 6292 -Daniel and'Nancy Fischer Property Location: 38785 Route 25, Orient CTM # 1000-15-8-1.1 AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances for a proposed subdivision of the existing parcel into two equal sized lots. The area variances are for a lot size of 36,333 square feet for proposed Lot #1 and a lot size of 36,332 square feet for proposed Lot #2 where the code requires a minimum of 40,000 square feet per Lot. Proposed Lot #2 will also require an area variance for a Side Yard setback reduction with the conversion of the existing improved accessory barn, structure into a principal dwelling. This existing improved accessory barn structure has a Side Yard setback of 11.4 feet where the code will require. a 15.0 foot Side Yard setback. As shown on the Survey of Property. prepared by John T. Metzger L.S. dated April 12,-1990 and revised June 16, 2008. ADDITIONAL INFOR r1~1ATlON: The applicant has previously been before the board under ZBA File # 5883 requesting area variances for a similar subdivision of this same parcel and was denied relief. In response to a request for comments from the ZBA, The Town of Southold Planning Board, in a Memorandum dated. May 4, 2009 addressed to the Zoning Board of Appeals states that it has inspected the site and analyzed the lots and lot sizes in the surrounding heighborhood and has concluded that it has no objection to the issuance of the requested variances under this application. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes fhe following findings: 1. Town Law &267-b(3)(b)(3)(1) Grant of the variances will not produce. an undesirable change. in the character of the neighborhood or a detriment to nearby properties. The proposed lot sizes are consistent with the existing lot sizes. in the surrounding neighborhood. The side yard variance requested adjoins a Town of Southold owned Recharge Basin, which is heavily vegetated and buffers the existing improved accessory bam structure from the neighboring property to the North. 2. Town Law 6267-ti~3 b)(2t. The benefit sought by .the .applicant cannot be achieved by some method, feasible for the: applicant to pursue, other than area variances. The existing parcel is 72,665 square feet and therefore cannot be subdivided to create two code conforming lot sizes of 4Q,000 square feet each. Upon granting the approval of the lot size variances to create the subdivision, the improved existing accessory barn structute will require a Side Yard variance because it will then be interpreted as a dwelling undecthe code. 3. Town Law &267-b(3)(b)(3) The area variances for the two proposed lots require a 9.17% variance each, which is not substantial. The side yard variance would be 24% and not substantial when .considering this Side Yard adjoins a well vegetated Recharge Basin. 4. Town Law 6267-b(31(b)(5) The difficulty to require variances for the two equal lot sizes of the proposed subdivision has not been self created because the original parcel consists of only 72,665 square feet where the code. would require 80,000 square feet in this particular case. The difficulty has been self-created with respect to the request. for a Side Yard variance for the improved existing accessory barn structure. The difficulty came when the owner improved an existing conforming accessory barn structure to a dwelling. s . Page 3 - July 30, 2009 ZBA File # 6292 -Daniel and Nancy Fischer Properly Location: 38785 Route 25, Orient CTM # 1000-15-8-1.1 5. Town Law §267-b~3)(b)(4Z No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law 5267-b. Grantof the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the subdivision of his property, while preserving and protecting the character of the neighborhood and`,the health, safety and welfare of the community. RESOLUTION OF THE 80ARD: In considering all of the above factors and applying the balancing test under .New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the Survey of Property (1000-15-08-1.1) by John T. Metzger, dated April 12, 1990-and revised June 16, 2008. Vote of the Board: Ayes: Members Go_ehringer (Chair n, Wei and Schneid r. This Resolution was duly adopted (4-0~. and P. Goehringer, Chairman 009 Approved for Filing ~'3~ pf SOU O tce Location: O~~ Ty~l Mailing Address: ~jt ~ O Town Annex /First Floor, Capital One Bank * ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) ~ P.O. Box 1179 Southold, NY 11971 ~ • ~O Southold, NY 11971-0959 http://southoldtown.northfock.nCt BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ~,I,". - [CC9 I FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING HELD JULY 30, 2009 ZBA File # 6292 -Daniel and Nanc Fischer ' y Property Location: 38785 Route 25, Orient ` t;TM # 1000-15-08-1.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEORA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated _2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide orinter-community impact. PROPERTY FACTSIDESCRIPTION: The applicant's property contains 72,665 square feet in area and is improved with asingle-family, two story frame dwelling, a one story frame improved barn and two accessory structures (play house and shed), as shown on a survey prepared by John T. Metzger dated April 12, 1990 and revised June 16, 2008. BASIS OF APPLICATION: Requests for Variances, based on an application to the Building Department and the Building Inspector's February 4, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size in the R-40 District, for proposed Lots #1 and #2; (2) the existing as-built (without permits) one story structure is proposed on Lot #2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory. shed is less than the code required minimum of 10 feet. Note: Shed was moved to conform with side yard setback code provision upon granting of proposed subdivision and new proposed IoYlines. FINDINGS OF FACT The Zoning Board of X~ppeals held a public hearing on this application on June 25, 2009, at which. time written and oral evidence wEre presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 -July 30, 2009 ZBA File # 6292 -Daniel and Nancy Fische• • Property Location: 38785 Route 25, Orient CTM # 1000-15-8-1.1 AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances for a proposed subdivision of the existing parcel into two equal sized lots. The area variances are for a lot size of 36,333 square feet for proposed Lot #1 and a lot size of 36,332 square feet for proposed Lot #2 where the code requires a minimum of 40,000 square feet per Lot. Proposed Lot #2 will also require an area variance for a Side Yard setback reduction with the conversion of the existing improved accessory bam structure into a principal dwelling. This existing improved accessory barn structure has a Side Yard setback of 11.4 feet where the code will require a 15.0 foot Side Yard setback. As shown on the Survey of Property prepared by John T. Metzger L.S. dated April 12, 1990 and revised June 16, 2008. ADDITIONAL INFORMATION: The applicant has previously been before the board under ZBA File # 5883 requesting area variances for a similar subdivision of this same parcel and was denied relief. In response to a request for comments from the ZBA, The Town of Southold Planning Board, in a Memorandum dated May 4, 2009 addressed to the Zoning Board of Appeals states that it has inspected the site and analyzed the lots and lot sizes iri the surrounding neighborhood and has concluded that it has no objection to the issuance of the requested variances under this application. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board. makes the following findings; 1. Town Law &267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change fn the character of the neighborhood or a detriment to nearby properties. The proposed lot sizes are consistent with the existing lot sizes. in the surrounding neighborhood. The side yard variance requested adjoins a Town of Southold owned Recharge Basin, which is heavily vegetated and buffers the existing improved accessory barn structure from the neighboring property to the North. 2. Town Law §267-6(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing parcel is 72,665 square feet and therefore cannot be subdivided to create two code conforming lot sizes of 40,000 square feet each. Upon granting the approval of the lot size variances to create the subdivision, the improved existing accessory barn structure will regiire a Side Yard variance because it will then be interpreted as a dwelling under the code. 3. Town Law §267-b(3)(b)(3). The area variances for the two proposed lots require a 9.17% variance each, which is not substantial. The side yard variance would be 24% and not substantial when considering this Side Yard adjoins a well vegetated Recharge Basin. 4. Town Law,,_§267-b(3)(b)(5). The difficulty to require variances for the two equal lot sizes of the proposed subdivision has not been self created because the original parcel consists of only 72,665 square feet where the code. would require 80,000 square feet in this particular case. The difficulty has been self-created with respect to the request for a Sfde Yard variance for the improved existing accessory barn structure. The difficulty came when the owner improved an existing conforming accessory bam structure to a dwelling. . , • Page 3 -July 30, 2009 ZBA File # 6292 -Daniel and Nancy Fische• • Property Location: 38785 Route 25, Orient CTM # 1000-15-8-1.1 5. Town Law &267-bf3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law 6267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the subdivision of his property, while preserving and protecting the character of the neighborhood and he health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, .motion was offered by Member Schneider, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the Survey of Property (1000-15-08-1.1) by John T. Metzger, dated April 12, 1990 and revised June 16, 2008. Vote of the Board: Ayes: Members Goehringer (Chair n, Wei and Schneid r. This Resolution was duly adopted (4-0). ,/6 and P. Goehringer, Chairman / 009 Approved for Filing • • MAILING ADDRESS: PLANNING BOARD MEMBERS apF SO(/jy P.o. sox 1179 MARTIN H. SIDOR Ol0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS y ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ 54375 State Route 25 GEORGE D. SOLOMON ~ 1M (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND 'YCOUl11' Southold, NY Telephone: 631 766-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date: May 4, 2009 Re: Request for area and side yard setback variance SCTM#1000-15-8-1.1 Zone: R-40 38785 Route 25, Orient, NY 11957 The Planning Board has received your request for comments regarding the above referenced application for both an area variance and a side yard setback variance in the R-40 zoning district in Orient. As proposed the applicant is seeking to subdivide a 1.6682 acre parcel into 2 lots, where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet. Further Lot 2 has two existing structures on it. The applicant is proposing to use the frame bam as a dwelling. This structure has an existing side-yard setback of 11.4 feet. The other existing structure, a small frame shed has an existing side-yard setback of approximately 4 feet. The Planning Board has inspected the site and analyzed the lots and lot sizes in the surrounding neighborhood, including Orient By The Sea subdivision which totals 152 lots. These lots in the surrounding neighborhood all range from one (1) acre to less than one half (1/2) acre, where many of the lots are less than one half (1/2) acre. Therefore, because so many of the existing surrounding lots are one half ('/2) acre or less in the immediate surrounding area, creating two smaller non- H ~ • • conforming lots immediately adjacent to this larger subdivision (Orient By The. Sea) will not have a negative impact on the character of the community or the surrounding environment and will be consistent with the character of the surrounding community. For the foregoing reasons, the Planning Board has no objections to the issuance of the requested variances. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 4, 2009 4:00 p.m. Applications: I Project name 'Premium W.me Group_ _ I SCTM# 11,000 121-6-1 I Location. ~ n/s/o of County Road 48 at the n/w intersection of CR 48 and Cox Neck _ A Road, known as 35 Cox Neck Road, in Mattituck. _ _ ;Description. ;This amended site plan includes a new building of 5,384 sq. ft. added to the existing two buildings of 20,585 sq. ft. on a 3.563-acre parcel in the I _ ' LB Zone. _ I Status: i Conditional Final approval dated April 11, 2006. All work shall be Attachments: i Resolu on dalt d A nl 1g1a2006delivery traffic to the site p----- _.i 'Project name: ;Beds and Borders j SCTM#: i 1000-127-2-2.1 I Location 550 NYS Rt. 25, Laurel ~ - i ! Description a Proposed farm stand application ;_Status: ~ Buildin~c Department has requested comments. Action. Rewew site~lan and DOT letter j ; Attachments DOT letter and Draft Comments Subdivisions .T.. Project name _ Fischer, D_& N 'SCTM# .1000 15-8 1 1 ' Location :38785 Main Road, Orient _ _ - - .........a Description. Proposed standard subdivision of a 72,665'sq. ft. lot into two lots, where .Lot 1 is 36,333 sq. ft. and Lot 2 is 36,332 sq. ft. in the R-40 Zoning i 1 District ~ Status: i ZBA heann~scheduled for June Action. Prowde comments to ZBA _Attachments: ~ Draft Comments Pro,~ect name Edward Latham SCTM#: (1000 19-1 7.5 j_Location 31900 Main Road, Orient Description: j Conservation Subdivision of a 10-acre parcel into 2 lots where Lot 1 is 7.04 acres and Lot 2 is 2.95 acres. ;Status: O en _ _ P . _ - - Action: ~ Rewew application Attachments: Timeline/Staff Report _ Office Location: ~~OF $O!/Tyo Mailing Address: ,moo ~o ~~L Town Annex /First Floor, Capital One Bank # ~ 53095 Main Road 54375 Main Road (at Youngs Avenue) ~ P.O. Box 1179 Southold, NY 11971 ~ • ~O Southold, NY 1 1 97 1-0959 ~ ~1y00UMV ,~^c1, ht[p: //southold[ow n. northfork, ne[ BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 TOWN MEMO TO: Planning Board 1 FROM: Gerard P. Goehringer, Chairman DATE: March 27, 2009 SUBJECT: Request for Comments Our Department has received and is reviewing the following appl~ation, apfl enclose copies of the Building Department's Notice of Disapproval, and a{~ptTd'afion with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX # / ZBA NOTICE OF VARIANCE PLANS PREPARER ZONE DISAPPROVAL DATE DATE STAMPED Fischer, D. & N. 15-8-1.1 6292 2/6/09 280-18; Subdivision Peconic R-40 Zone creating two map last Surveyors, lots under updated P.C. 40,000 sq, 6/16/08 ft. each & setbacks Your comments are appreciated by April 27, 2009. Thank you. Encls. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Onfy Fee: $ Filed By: Date Assigned/Assigamenf No. Omce Notes: House No. 38785 Street Main Road Hamlet Orient SCTM 1000 Section 15 Block $ Lot(s) 1.1 Lot Size 1.6682 ac. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 02/06/09 BASED ON MAP DATED June 6 , 2008 Applicant(s)lOwner(s): Nancy Fischer Ma111ngAddress: 7R7R5 Main RnaAs Ori ant,~y llq~7 Telephone: (h3])~ Fax#: Email: NOTE: [o addition to the above. please complete below if application is signed by applicant's attorney, agent, architecS builder, con[roct vendeq etc. and name of person who agent represents: Name of Representative: Charles R. Cuddy, Esq . for (X) Owner, or ( )Other: AgenNs Address: FO Box 1547, Riverhead, NY 11901 Telephone (631) 369-8200 Fax#: (631) 369-9080 Email: charles.cuddy@verizon.net Please check box to specijy who you wish correspondence to be mailed [o, from [he above names: ? ApplicanUOwner(s), or ~ Authorized Representative, or ? Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 6 , 2008and DENIED AN APPLICATION DATED 02/04/09 FOR: ® Building Permit ? CerHficate of Occupancy ?Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction ?Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinancei~y numbers. Do not quote the code.) Article Section 280- t8 Subsection Type of Appeal Au Appeal is made for: 1~A Variance to the Zoning Code or Zoning Map. ? A Variance due to lack of access required by New York Town Law-Section 280-A. ? Interpretation of the Town Code, Article Section ? Reversal or Other A prior appeal Chas , 0 has not been made at env time with resoect to this nroaerty, UNDER Appeal No 5833 year 2006. (please be sure to research before completing this question or call our ajficejor assistance) ~v ~ ~v FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 6, 2009 TO: Daniel & Nancy Fischer C/o Charles R. Cuddy, Atty. 445 Griffing Avenue Riverhead, NY 11901 Please take notice that your application dated February 4, 2009: For a subdivision of property at: Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 -Section 15 Block 8 Lot 1_1 Is returned herewith and disapproved on the following grounds: The Hronosed subdivision of this lot in the R40 District is no~ermitted pursuant to Article IV section 280-18; which states "no buildine or premises shall be used and no buildin or part thereof shall be erected or altered in the Low Density R40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full." ~Accordine to the Bulk Schedule, 280 Attachment 3, the minimum lot size in the R40 District is 40 000 s uare feet. The surve shows two lots Lot 1 Navin 36 333 s uare feet and Lot av~ne 6,332 square feet. In addition the existing structure "as built" improved one story house (no Hermits) on nronosed Lot 2, is not permitted pursuant to Bulk Schedule 280 which requires a minimum side yard setback of 15 feet. The survey shows a setback of 11.4 feet. The accessory 8.3'X12.3' shed requires a minimum side yard setback of 10 feet. The survey shows a setback of 4 feet. *The structure shown on proposed Lot?., as an "as built" (no nermitsl one story house, is shown in Building Department records as a one story frame accessory building incidental to the existing house. Further. this application was denied an area variance (subdivision) by the Zoning ` !Board of A eats on June 22 2006 file#5833. `c ir.fc~ d-}-l~ Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA Nancy Fischer Zoning Boazd of Appeals Reasons for Appeal: (1) An undesirable change will not be produced in the Chazacter of the neighborhood or a detriment to neazby properties if granted, because: These lots will be greater in size than a majority of the lots in the surrounding neighborhood. The lots immediately to the north and east aze one-half acre. As reflected by the current zoning, and as evidenced on the accompanying tax map (Exhibit A) on the adjoining parcels to the west there could be subdivided lots of 2 acre each for a total of 27 lots. Proceeding 2000 ft. east or west of the subject pazcel, there would be over 200 lots and the majority of lots would be not merely less than 1 acre but only one half acre. Moreover, the density at this parcel would not be increased any more than would occur by adding an accessory apartment. Granting this application will not result in anv change in the character of the ner,~hb,~lwe~r- The impact of the side yard setback vaziance will be minimal because the side yard is contiguous to the recharge basin. (2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than an azea variance, because: In order to obtain approval of a two (2) lot subdivision with lots of 36,000 squaze feet instead of .40,000 squaze feet the applicant must secure an azea variance. The side yard variance is required because the building (barn) is in existence and as an accessory building it met the requirements. (3) The amount of relief requested is not substantial because: The applicant will have 90% of the re d 40 000 s uaze fe t. The applicant's lot is at the southerly end o~the Orient B The 'ch includes 1521ots man of which aze one half acre or less. When the subdivision map for Orient By a ea was r e e su sec of was s own as 0 sq.ft. (A copy of the Orient by the Sea Subdivision Map is attached hereto and made a part hereof as Exhibit B). Sometime after the map filing a recharge ~in of 10,000 sq.ft. was carved out of the subject lot reducing it to 72, 665 sq.ft. The density by granting two (2) )lots at this site will not be increased over what would have been the density upon the filing of the Orient By The Sea, Section 2, subdivision map. At that point, there could have been at least 21ots or more created at this site. (4) The variance will NOT have an adverse effector impact on the physical or environmental conditions in the neighborhood or district because: The applicant seeks approval for lots which aze serviced sepazately by two (2) different roads Ryder Farrn Lane and Main Road. The impact of one (1) additional residential lot on the surrounding community is minimal. No existing condition at the site will chan e Thus, the environmental impact on the surrounding community would be de minimis. On a positive basis the environment will be improved through the applicants maintenance of the recharge basin. The barn structure is in existence, adjoins the rechazge basin, and a side yard setback will not adversely impact the neighborhood. (5) Has the alleged difficulty been self-created? The alleged difficulty was not self-created. While the applicant purchased a 72,000 plus squaze foot lot, the lot w_~ as dimi~hed by th . r .a ion of the re,~har~ basin. In fact, his lot was owned by the same party developing the Orient by the Sea subdivision, and the lots to the north of him are half-acre. Under the circumstances purchasing a lot which is 90°1° of the requirement of two one-acre lots should not be considered as aself-created difficulty. The barn was appropriate when constructed and its exterior will remain the same. N cy Fi er by Charl .Cuddy, Agent Sworn to before me this 1 R ~ day of ~J-rcAt 2009 Notary IWONA KODYM Notary Public, State of New York No. Ot K08088386 Qualified in Suffolk County Commission Expires March 3, 20 i f - - r. APPEALS BOARD MEMBERS . o f SOU Mailing Address: Ruth D. Oliva, Chairwoman ~Dy~?~ TqQ~ Southold Town Hall 53095 Main Road • P.O. Box 1179 Gerard P. Gcehringer ~ Southold, NY 11971-0959 James Dinizio, Jr. Q Office Location: Michael A. Simon ~ Town Annex /First Floor, NotYh Fork Bank Leslie Kanes Weisman '~t~~ ~1~% 54375 Main Road (at Youngs Avenue) Southold, NY l 1971 h[tp://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS g' yI~S~t~I~,P: a„ - TOWN OF SOUTHOLD AUGE Tel. (631) 765.1809 • Fax (631) 765-9064 Sontltold Town Cler? FINDINGS, DELIBERATIONS AND DETERMINATION JUNE 22, 2006 ZBA File #5833 -DANIEL FISCHER Location of Property: 38785 Route 25 and Ryder Farm Lane, Orient CTM 15-8-1.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 72,665 square feet in area and is improved with asingle-family, two-story frame dwelling and three accessory buildings (sheds and a bam), as shown on the map prepared April 19, 1990, amended October 17, 2005 by John T. Metzger, Surveyor. BASIS OF APPLICATION: This appeal application is based on the Building Department's December 6, 2005 Notice of Disapproval, amended February 1, 2006, concerning applicant's request for a proposed subdivision of this property. The reasons for the disapproval are that the proposed subdivision of a lot in the R40 DisVict is not permitted pursuant to Artice III, Section 100-32, which states: No building or premises shall be used and no building or part thereof shall be erected or altered ...unless the same conforms to the Bulk Schedule and parking Schedule incorporated into this chapter with the same force and effect as 'rf such regulations were set forth herein in full. The disapproval further states that, according to the Bulk Schedule, minimum lot size is 40,000 square feet in total size. Following the proposed subdivision, Lot 2 will be nonconfonning in total size, measurement 30,978 square feet. In addition, the existing structure is not permitted pursuant to Article XXIV, Section 100-244, which requires a minimum side yard setback of 15 feet. The survey indicates a side yard setback of 11.4 feet. The structure situated on (proposed) Lot 2, indicated as a one story frame house is only recognized in the building Department records as a one story frame accessory building. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this applicetlon on Aprt 2T, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be We and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances for a proposed subdivision for two lots. The area variances are for a lot size of 30,978 square feet for proposed Lot #2 and for a side yard setback reduction with the conversion of the existing accessory barn into a principal dwelling on the newly proposed lot. The remaining proposed Lot #1 would meet or exceed the minimum requirement of 40,000 square feet per lot (proposed with 41,687 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: - - r Pape 2 -June 22, 2006 Appeal No.5833-D. Fischer CTM 15-8-1.1 at Orient 1. Granting of these variances will produce an undesirable change in the character of the neighborhood. will create an undersized bt in a neighborhood where the surrounding lots exceed 90°k of what the Bulk d~ Schedule re~uir~c~.,, `r°~^'°"'°""""`""`""`""`- V' _!~j°~ The requested variance with respect to the size of the proposed second lot is substantial. The differer>ce between a 30,978 square-foot lot and the required 40,000 square feet represents a 22.5 percent reduction of the required acreage. 3. The difficulty is self-created. It came about when the owner sought to convert a conforming accessory barn to a principal dwelling. The setback variance is required to only 'rf that conversion permitted. No such variance is required ff the subdivision is not approved. 4. Granting the proposed variances will have an adverse effect on the environmental conditions in the neighborhood. It would create a new non-conforming lot that will be occupied by anon-conforming dwelling. It would double the residential,~ens~ily_pf.p[tl6tl existing 1.8:acrelct.. . BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, secondt:d by Chairwoman Oliva, and duly carried, to DENY, the variance as applied for with respect to the size of the lot to be created by possible subdivision. This denial moots the application for a variance with respect to setback. Vote of the Board: Ayes: Members Oliva (Chairwoman), Simon and Weisman. Nay: Member Dinizio. Member Goehringer was absent. This Resolution was duly adopted (3-1-1 . Approved for Filing -Ruth D. 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Ven7Ly/$Son V• •1•>a a •eeme••e• utn 4eHOn f or 4pf1• YI et w ~/y~ L~ .y Jp LLrfelk Guat> twtY L°e•• - iJsfrJ IFRV//• /fv{•"'a%l Ty/aTa./YYi// l TOWN OF SOUTHOLD ~ BUILDING~RMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following, before applying2 TOWN HALL Board of Health SOUTHOLD, NY 11971 . , , , , ; ; 4 sets of Building Plans TEL: (631) 765-1802: Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C, Trustees Flood Permit Examined. . 20 Storm-W ater Assessment Form ContaM; Approved ,20_ Mail to: Charles R. Cuddy, Esq. Disapprovedafc PO Box 1547, Riverhead. NY 119( Phone; (.(L1) 3k9-R900 Expiration ~p 22 , 20_ D ~ t`n LS Q ~ ~ Building Inspector F E B d ~nnq PLICATION FOR BUILDING PERMIT Date July 8 2608 etoc. DEFT. INSTRUCTIONS TOWN OF SOUTNOID a. Tlu-s applicarion pletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining_premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Builditg Pennit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatsoever until the Building Inspector issues a Certificate of Occupancy. , f. Every building permit shall expire if the work authorized has not commenced.within 12 months after the date of issuance or has not been completed within 18 months from such date. If ao zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. i (Sign o applicant or name, corporation) PO Box 1547, Riverhead, NY-11901 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Name Of Owner Of premises Daniel Fischer and Nancv Fischer (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer nr/n (Name grid title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: ~R7A5 Mni R ri f1 ~ r uo House Number Street Hamlet County Tax Map No. 1000 Seotlon 15 „„r,.,yl~(~R~3W 8 Lot 1.1 Subdivision NSA ' 1>>_ ~-~7ho`f w3V! ~o e,,~11t~ Lot 'gg~dp t t t) .ate. Ysnuo3 ~;:oSu2 ni bsr~tilsun d5 ,6 dau;M eotigx:] not«.,imma0 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Prapoaed subdivision b. Intended use and occupancy 2 t of s 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensionsvf existing structures, if any: Front Rear De th Height Number of Stories F 1J 11 cJ ~ ...ICI Dimensions of same structure with alterations or additions: Front Rear i Depth Height Number ~ ies,,~~r . 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories ~ ' r . i__..._ . 9. Size of lot: Front Rear Depth 10. Date of Purchase i acn Name of Former Owner 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO_ 13. Will lot be re-graded? YES_ NO_W ill excess fill be removed from premises? YES_ NO_ 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIItED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.):~,C,, PERMITS MAY $E REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO X * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF c_ ~f~ f~i~ Charles R. Cuddy being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Air (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20C~ Notary Public Np(~ p~p gtateo Ne~vy~Orj r afore of Applicant No. OtK08088388 GuaI1flW In BuNolk Coutlt~r !lMwmWinw Rvwl..• u.r\ wwll 2 ~ ~ . MAP OF ORIENT BY THE SEA F/LED OCT. 23. 1881 FILE NO. \ Q 3444 cn m LOT 85 ~g6 p0' j~ ~ a° ~ ~ _ ~ w d ~ p, E• ~ o\ ° T ~~jj O I 62~52'p ' ~ Q r~i , l - ~ N 88e 28' 00" E 114,21' I TOWN OF SOUTHOLD FE ~.7'E AREA ° 10,007 sq./t. \ FND O ~ sy 107.08' H woN i s N N 88e 05' 20" E 188.88' f Y,. ~ ~Jr- g1` FNO ~ i p,l Z~ - _ . FND ~j ~ ~ p PME~ P1PE 12.3' C 1 ~ ~ SHED ~ 4PA' Ory1VEl m FR.. BARN ST d IMPROVED) o m PROP. I STYE 3 I a HSE. N ~ PATfO pd O C ~ ~P.9' ~ aEt. .J •w0 ~ 38332 5Q ~ o ~ DECKS _ 0.3' w O y ' 2 ~ " F 1 W I ~'0~33 saft off`' W ~ 363 Y k ~ ~ tip / ~°i Q ~ 6~ ~ ~ ~ ~ 1 .h 6p~~P ~ ~,e ~ ~ Z ~ s 'zr, ~ ~ 2~ ~ ---__11L0'___ 41_5,¢ 'A°" '°a 9 a y~~ O _q3_ _ ~ ~ O 2 P 0 R 2''Q``' ~P`~ SURVEY OF PROPERTY ~ ~°5~° ~ A T ORIENT TOWN OF SOUTHOLD ~ SUFFOLK COUNTY,. N. Y. ' 1000 - 15 - 08 - 1.1 Sca/e 1" = 40' April' 12, 1990 CERT/F/ED TO : OCT. TJ, 2005 (adoitiona/J SECURITY TITLE 6 GUARANTY CO. NOV. 29, 2006 (RECHARGE ~ASINI SOUTHOLD SAV/NCiS BANK ~ MARCH 8r 2009 lGYP1VEwan NANCY F~CHER JUNE lB, 2008 (REVISION ~P~~OF NEKrYp 5'o~~T. MET~Ofi~~ * a s ~ ANY ALTERATION OR ADO/T/aJ TO THIS SURVEY /S A VIOLATION OF SECTION 7209 OF THE NEIY YORK STATE EDIK'ATpN LAW. EXCEPT AS PER SECTION 7209 - SL60IVISDN 2 ALL CfRT~ICATIONS ~ HEREON ARE VALD FAW TN'S MAP AND COPES THEREOf' ONLY P' I 96/8 SAD MAP OlR COPES GEAR THE NA°RESSED SEAL OF TIE SU4VEYOR waasE SIGNATUPf APPEARS /EREOIK ECONIC Y (6311 765 - 5020 FAX ' • 765 - )797 P. O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 1197/ .9~ - ~70 i • • M~ CHARLES R. CUDDY ATTORNEY AT LAW ` ~`h 445 GRi FFING AV EN UH RTVERHEAD,NEW YORK Nlailin~Addrese_ TEL: (631)369-8200 RO. Box 154T FAX: (631)369-9080 Riveehead, NY 11901 E-mai(: C(iac)ce.CUddy @verizon.net March 23, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient SCTM#1000-15-8-1.1 Dear Ms. Sadoo: Pursuant to our telephone conversation, I'm enclosing five (5) prints of the proposed subdivision map for the property located at Main Road, Orient. An application to divide this property was filed in 2006. However, it was not persuaded. The present map differs as Lo the lots size. We therefore ask that the application be considered as amended to show equal lots of 36,332 sq.ft. each. For your information, the applicant has also filed an application. with the Zoning Board of Appeals for permission to create the smaller lots than permitted in this R-40 District. Please advise us of any additional requirements. -Very/,tr~uly~yours, Charles R. Cuddy CRC/ik Enc. i LASER FICHE FORM. SUBDIVISIONS Proiect Tvae: Standard Status: Incomalete SCTM # : 1000 - 15.-8-1.1 Proiect Name: Fischer. Daniel Location: 38785 NYS Rt. 25. Orient Hamlet: Orient Aaalicant Name: Daniel Fischer Owner Name: Fischer. Daniel Zone 1: R-40 Aaaroval Date: /l(`~j PLAT Si4ned Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related inkrmation Zone 2: Zone 3: C and R's Homeowners Association R and M Agreement: Address: Countv Filing Date: SCANNED I~AR t 7 X09 SCAN Date: Records Management Pt1 PATRICIA C. MOORS Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 April 25, 2006 Southold Town ~ ~ v Planning Board D Main Road 1 ~ ~nn Southold NY 11971 pPR go~ihold Zo'"" RE: DANIEL FISCHER eln""~ uBoard M SCTM: 1000-15-8-1.1 w,,,..,,.-Y..- Dear Chairman: With reference to the above, enclosed please find a copy of the NYS Department of Transportation application and Highway Work Permit. Please make a part of this file. Thank you. Very truly yours, c` Patricia C. Moore PCM/bp encls. , ~ ~ . 'i <]T: ~C~ 25 C. ~I~~. 5 ? C -t. ~ - 3~ 3. _3 8ln ~ ~~~,,~~,.~~h~t~,~...~.? w.,_ . _ . _..M.. . Sume q ~ 5 O 3 2 , ~.swuv n.,,.x ue~u 5ua. , ~:r=4`~na rl tm;f :~tiJP~^l QP iJFF :7:?I~IE.UNU TE cr,:~~~ i. .M-ytr, i rn~i.:._ _ _ V~1~. ~ j- 15 fly Q ~ a µ Uzi oe , , ti j f 5 o G t > . i`t'I'45.Y M-_. O'riy C.+"/A~._..._0.'CrC CJS Y'b l~^-'~G 2..~_-,.y71'f7r 1.. ~Y b r`T `I ~l, t ~ ~ ~~5. J" 1 r' ~ Y'.. ~ c'7 ~ 1' l l ~ .n i G'I !.`..j. f l~l ? ~J 1.-~. _ f( / Y"'s''r~t~ 7L~L<2.~ J aY~ij~ ~f IEr ~z+,r~r~ ~~F'+C fit. ~ ".d !~5~~' 4. ~,-,~-•~-?"pVl. K?i~A p / , r, r. h._... . - j t f r~ > / y vf~ ~ x-r. ~i-Ll n yS ' Dl (i i ~ i qv 0.Yt S'~l!`y ly,. : . ~ 1~-(3G-905 15.%a6 25 . r34} ~ ;~5 ~ 8383 589 ~ _r 'd.OQr . si? _ _ ~.ec i~ / ~ ~.0~ ' . L)ANIEL L. FI^~Ik~ F ;arm a~, 387$$ hiR.IN EtCIAD e ;eablr u. „d h;c - (^q 0.0~} U12L) ZQi2. 'tIP 114? or :Jr d2rtakir_r,rn F.I:: aLt= ,i!G° , , { ~;tc - ~ . ~ r., , r. ~«~.:e c, ; t."a,-. L ~ ,~a',!., lp- ,..omF'~.~ t dl~e-., -l f zr Pe reittee; r ~ .,indcr the previ Lens of the H~c h .av La.. Vehicie 5 f a.Lc. Ld., ms~ec hereby yrented the ~ermi$e€ to f.anstract & pera!antntly eaintain rtsidsntial access an njsla Rt 25 bet.kM 1739-1118 i other incidental cork par att. plans a specs. AS1 nark shall bt to satisfaction ct AE. Ali work slbe dons in accordance v/approved plans, kyS specs or A08E.kAp1 stbe vaintaintd by peroittee until ccapletipnct Bark, etc. T NE H~RMiI""fE_ 'S Rt:SP:,tvSi3lE FGR T HE t~4P,;NTE;LAIV~E AND P°:ITt~TiC'N ~~F TRAFr,C- ANYnNt NJORKIFl~ iN THE STATE i-IiGHWAY RIvN C F-~~l'a i rcFCillRt..i! i O WEAR HIGH VISI!3fl"ITY F,PPAREL (nRpNGEiYELI_CW? ANC A HARD HAT. SUFfBtA SOUTNOLO 2S Cauniv - Liu ~palir: ~ Route # - as forth antl raoreserted in the attsched app5c.;ticn at [he partic:aar vocation or area cr over tFS roui2s as stated theroin, if required; and cur: us,~t to the „c d;tens e d r.,,;, aliens general or s{~ec2'. an0 methods or parforming evork, if any; alf or wh!ch~ are set rorih in the .~(.~plication a!lri iorrT; ref tt~i5 p8rrni, NAURPAUOE, k.y. /I ia:zr at_ 8Af19/288d { ~ ~r~;nn,iseie!,er o(Trans rtB!iCn ! ~ ;igred "~/'y~ EUOEkE SRIIN 1j! ray .l ~ / ff i •M"rGRTANT T J Tk~IS PERMIT. YYITH AFFLICATiGN AND DRAWING (DR COPIES THEREOF} ATTACHED SHALL EiE FLACEG IN THE HANCS CF THE CONTRACTOR i3EFCRE ANY `NGRK EiEC;IN$. THE HIGHWAY WgRK PERMIT SHALL. DE AYAIt.ABLE AT THE SITE GURINO CONSTRUCTION. ! GEFORE WORK CS STARTED fiND UPON ITS C,CMF'lET1ON.. THE FERMITT ~E ~6gGLUT EY MUST NOTIFY THE RESIDENT ENGINEER, AEVIk !IATTkAEI 1~ COUATy RU A (631j127-1731 RIYERHE#8, kEl1 PORK 11481 UFOFt CGM"'r! ETiCN GF itiORri AUTHORI/_ED, THE FOe.LC~'JdING ik!e.L EiE ;~GMF!.E?ED, SiuNED BY i HE PERMIiTEE A.ND DE! !VEREG TO i HE RESfDENT ENGINEER. c`J?S ..J 1~~:. n'' F,p - ~P. ~ n . )p.r ie~ ~ ~;d'..G rc(~ ti nrR; ; ~ °.IPfi ~oni~ i IE ll~SYt;ti .ti'orf .r; zcJ by fhis qe; r ~ ha per ~ ~,ti.. ~~cai v . , ,,lets c, <; ; ac =bred. k~verse side cif this form m!IS[ be -:onpMete4!. ~<:;hmd cf G%eDgcii is auit'~orza;d 2~2turn ^f r , s a r,l;r r.- e , t~iallrr;u adi]resc u! refu~~d lias bPrn verified_ z r.!n^urt ~ryE i ry ' `7[ „und n be. =1:.~.~~:d If Ycreni_ 4i5 yew address below. retair ~cno .or tutus~~ permit, -;-;rri! r , l r sr sec'. _ _ _ _ : i." .i r~ ~ n ; ! fli! ~ Ili . I ' t rnt t ~ ~[.S)L d.~ ...JY. t :i.~K°'3. ~ / _ ~J . • i o MAP OF ORIENT DY THE SEA FILED OCT. 29. 7861 FILE NO. ~ Q N 3444 ~ m ~ LOT 85 ~ ~ ~ S~ T O w~ i ~ N 88' 26' 00" E__ ___114.21' ~ 1 TOWN OF SOUTHOLD FND fE l0£ FNa FE )'E Q MON 0.2N H NON 123N N BBB 05~ 20~~ f 78389 pE ~ Z O A. 3.3'E CI41N LWN FENCE r- a - 24~ FND W O oNP ~ ~-n rt~ e i U1 Z PIPE . A O ~ fN. ` ` N ,Y.J' ~ N SnEO ~ ~pyEL Je ` o FR. BARN o 3 ~ n1 V W ~ (IMPROVEW 0 e; G~ A ST ° PROP. 1 S71'o Q Q e HSE: 2 o o ~ rr ~ q~ ~ Sy c, o Pam m ,2.3• 30, ~ F+ P. ~1 ~ DECKS ..Y O.T ~ Y. J C fp ~ 2 e b ~ i 5~~~ o = yaA56~) 0 e~ NlS i~ W bR~P, aED~~ ` ~ _ n5. ed` ~E, h/ g'I 5 2y ~ x $7aE 5 4 ` , . ~ Na R. y z.o~ v A a~yi~;~ ~~a~h" 1lt ~U ~CO. \ S'0~~ ` 9 C Z'i' D LQ / b. 0 - 6t1:t EK9\\r~ as• + ~ Ou l 1 /yo` p J Go/ per/ l~A`'", i R ®rrehf Ny / ~ s/~ ao / / g ~ 477 ' F~1 SURVEY OF sb PROPER T Y .NOD A~~~-/~ /IP~e a ~ ; - s~ / A T ORIENT ovErr s F TOWN OF SOUTHOLD s>yolri? yo p~STA~ ~D SUFFOLK COUNTY, N. Y. ~it'o,Dos~~ loon - 15 - oe - x 1 AREA .1.6682 acres ~~ivfsy-ly 72, GGS 59.{{. 3"ROM pAVfD Scale 1" = 40' -~'o4r~F,e April 12, 1990 CERT/F/ED TO: OCL 77, 2005 (add/trons!) SECUR/TY T/TLE d GUARANTY CO. SOUTHOLD SAVINQS BANK DANIEL F/SCHER NANCY FISCHER tF OF Nfy;, ~P `D ~N T. ~Er Yn Prepared in accordance with the minimum ~ - 5 standards for title surveys as established N. Y. 48 18 by the L.LA.L.S. and appproved and adopted PEC Nl SUR + for such use by The Naw York Stafe Land (837)785-5020 FA ~ Tit/e Asaociet(on. O ggpp ~,~y 7230 TRA ELEReSTR ~ VVVp SU~V ~ SOUTHOLD, N. Y. 11971 nn inn • MAILING ADDRESS: PLANNING BOARD ME)<~RS P.O. Box 1179 JERILYN B. WOODHOUSE ~O-``~OF SOVljfrOlO Southold, NY 11971 Chair V~ OFFICE LOCATION: KENNETH L. EDWARDS ~ ~ Town Hall Annex MARTIN H. SIDOR ~ Q 54375 State Route 25 GEORGE D. SOLOMON ~ ~O (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND ~~~',COU,M'~AA Southold, NY fll, Telephone:63176b-1935 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ruth Oliva, Chairperson Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chairperson Planning Board Date: Apri127, 2006 Re: Request for comments on Daniel and Nancy Fischer SCTM# 1000-15-8-1.1 ZBA Application # 5833 In response to your request for comments, the Planning Board reviewed the Zoning Board of Appeals application for the above referenced property and offers the following comments and/or recommendations at this time. This proposal is to subdivide a 72,665 square foot parcel into two lots, where Lot 1 equals 41,687 square feet and Lot 2 equals 30,978 square feet in the R-40 Zoning District. The configuration of the lot lines is such that Lot 2 will be nonconforming with respect to lot area and the side yard setback for the existing structure. Staff has inspected the site and analyzed the lots in the surrounding neighborhoods and finds that the lots range in size from over one acre to less than half an acre. Accordingly, the Planning Board finds that the proposed subdivision to be consistent with the character of the adjoining neighborhoods and therefore has no objections to the issuance of the requested variances. However, the applicant should note the following: 1. It appears that access to Lot 1 will be from Main Road and therefore will require a curb cut permit from the New York State Department of Transportation. However, consideration should be given to providing a shared access from Ryder Farm Lane for Lots 1 and 2 to minimize the number of driveways on Main Road. 2. The subdivision application will be subject to review and/or approval by the Suffolk County Department of Health Services and the Suffolk County Planning Commission. If you have any questions or need additional information, please fee] free to contact this office. .~~~F APPEALS BOARD MEMBERS • ~QF $~(/y • Mailing Address: Ruth D. Oliva, Chairwoman l pro Southold Town Hall 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer * #1 Southold, NY 11971-0959 James Dinizio, Jr. G Q Office Location: Michael A. Simon ~ ~ ,~p~~ Town Annex /First Floor, North Fork Bank Leslie Kanes Weisman l'Y~'~~~ 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://sou[holdtown.northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: April 6, 2006 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the proposed subdivision tower in the R-40 Zone. The file is available for review of additional documentation at your convenience. NAME TAX # / ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Fischer, 15.-8-1.1 5833 02/01/06 Subdivision 10/17/05 John T. Daniel R-40 Metzger, Zone Surveyor -n- Your comments are appreciated as soon as possible. I F i r ~ ~ ~i ~ ' ~ k \ E ~il~ !1j'o - Thank you. ^n.6 ~ ~~I k e r - ...r ~ . ~ ~ ~ 8.~ FORM IVO. 3 ~u'1''~~ ~~~OOd~D~~ NOTICE OF DISAPPROVAL DATE: December 6, 2005 Amended: February 1, 2006 TO: Patricia Moore Esq. For Daniel Fischer 51020 Main Road Southold, NY 11971 Please take notice that your application dated December 6a', 2005 For a permit for a subdivision at Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 -Section 15 Block 8 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R40 District is not permitted pursuant to Article II Section 100-32 which states: "No buildine or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80, R120 R200 & R400 Districts unless the same conforms to the Bulk Schedule and Parkine Schedule incoroorated into this chapter with the same force and effect as if such reeulations were set forth herein full " Accordine to the Bulk Schedule, minimum lot size is 40 000 sauare feet in total size Followine the proposed subdivision lot 2 will be non-conforming in total size measuring 30,978 sauare feet in total size. In addition the existine structure is not permitted pursuant to Article XXN Section 100-244 which requires a minimum side vard setback of 15'feet. The survey indicates a side vard setback of 11 4'feet *The structure situated on lot 2 indicated as a one story frame house is only reco~rrized in /B//ufildine Deparhnent records as a one story frame accessory building_ r - Authorized Signature *Amended for status of structure on lot 2. APPLICA~ON TO THE SOUTHOLD TOti'JN BARD OF APPEALS For Office Use n,~n~ 833 Ptc:.S~ File) 6y: Dote .~ssigned;ASSignmeut Na. Office Notes: .3~ ~~S _ Parcel Location: House No. Street ~ a,~ Hamlet ~~~~f - ~ GG S SCTNI 1000 SectionlS~ Block ~ Lot(s) ~ ~ Lot Size Zone District ~~a I (WE) APPEAL THE 1~~ItiTTEN DETE,Zt1V1INAT10N Or THE BUILDING INSPECTOR DATED: /z/~r/o,~ a ~/(b ~ 0.,~ 7~ l~~ ~ Applicant/Owner(s): ~Ci rjic j ~ S ~he~ - Mailing Address: 'j ~7 ~'s' ~ a ~ ~?i ~'-n-A Telephone: E~o3,~ ~jcQ la NOTE: If applicant is not the owner, sale i! applicant is owner's alforn ep, aeenl, arthikol, builJer, cool ra cl ven Jee, etc. Authorized Representative: P ~ru ice, C i i / OG/'>_- ~$y , Address: SO~p ~~f/h /rOClC~ ~ ~DUf~jjp ~ln~ //y7~ Telephone: ~J~/- 7/p ~ y,~ v?a Please specify who you wish con-espondence tb be mailed to, from the above listed names: ? Applicant/Owner(s) ~Anthorized Representative ? Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~Z/6 bS FOR: ~Buiiding Permit 0 Certificate of Occupancy ?Prc-Certificate of Occupancy ? Change of Use ? Permit for As-Built Constructimt Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by unmbers. Do not yuote the code. Article Section 100-',~~ Subsection Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning 11Iap. ~ A V ariance due to lads of access required by New Yorlc Town Law-Section 280-A. ~ Interpretation of the Town Code, Article Section ? Reversal or Other A prior appeal0 has ~ has not been made with respect to this property UNDER Appeal No. -Year i Reason for Appeal Continued Zoning Board of Appeals re: Daniel Fischer Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The property is situated on the North Side of Route 25, Orient adjacent to approximately 150 ~h acre lots. The property is improved with an original 1700's house and barn. The owner wishes to subdivide the historic home on one acre (conforming to r- 40 zoning) but the second lot on the corner with the barn is 30,978 sq. ft. just under one acre. The barn would be converted to a single family dwelling. The exterior of the barn would stay as it is. There will be no change to the character of either the property or the neighborhood, it will enable a historic structure to remain in it's existing location, The barn is no longer needed for farming, the reuse of the structure will be a benefit to the community and to the owner. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property can not be subdivided without an area variance for the one lot (formerly known as a set-off). The driveway access will remain from Ryder Farm Lane (a public road). The house will retain their existing driveway access from Route 25. The barn, as a principal structure, if it remains in it's original location would require a setback variance. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. This is one additional lot adjacent to a major subdivision o£ approximately 150 homes. The size of the proposed lots will be conforming to the existing homes in the adjacent development. More importantly the existing historic structure will be used as the single family dwelling. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is already developed with historic structures, the structures will not be materially altered and the Fischer family hopes to convert the barn for their own use, and provide the single family dwelling for the children. 5. The alleged difficulty was not self-created. The lot can not be developed without an area variance. Converting the existing barn to dwelling use is not an option under the present zoning code. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. If the code permitted the use of accessory structures for dwelling purposes, this appeal would not be necessary and a subdivision application for the separate structure would not be required. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. i ature State of New York ) )ss Count of Suffol ) Swor to this t day De er, 20 Notar u c BETSY A. PERKINS H0191y PWlic. Stale o! New YOd No. OIPE 6130fiJ6 pu2lilietl in SOflolk County Commission Expiees July IB. ~ ~ PATRICIA C. MOORE Attorney at Law ' 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63])765-4643 November 18, 2005 i Southold Town Planning Board Jerilyn B. Woodhouse, Chair P.O.Box 1179 Southold, NY 11971 Attention: Anthony Re: Fisher Property 1000-15-8-1.1 Main Road, Orient Dear Anthony: Enclosed is a proposed subdivision map of the above referenced property. The Fisher family wishes to subdivide the barn structure from the residence. We will need an area variance for lot 2, however, we would request a pre-submission conference with you and welcome your comments. Could you call me for a date when we could meet. Very t~.tly ours, l ~~ricia C. Moore 0 MAP OF ORIENT BY THE SEA FILED OCT. 23. 1881 FI~44 O. Q N LOT 86 ~ ~ T ~ 0 , ~ TOWN OF SOUTHOLD N 88 ?B 00 E 114.21 ~.r'E \ F7~ 0 F ON ~ 02N y NON I FE N 88~ O5~ ?O~~ E 183.89' O 2.3'N f 4 A v Al ~ ~ 5.d^-~e--~ ~a --n I.WK FENCE ,-e-ii-~'. e ~ FNO ~ O PND ~ i e ~ N PIPE A O of ~ N F~R.O O ~ 42.3' ~pAVEI a - O o FR.. BARN ~ ~ ~y L o((MPROVED! o ~ ,p ~ ST ~ PROP. 7 STl'p ~Lk~ 3 O Q ~ HSE ~ i'~ o • ..y~. rarro Q g ' aE«s ~ Pe OJ' ~ .f w T . O c;l N J O , 2 W ~n ~ ~ ~ ' `ate~'"p S . 5 ' S~ y ----m.o'-------- ta.t,,c / a~ ` ba 30 ra V, / y+ O as O ~ - , P 2 a., 1 ° ~P`~ SURVEY OF ~N °g~ PR OPER T Y A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. AREA = 1.8882 acres 1000 - 15 - 08 - 1.1 Sca/e 1" = 40' 72~ .~y.{{ ~ April 12, 1990 CERT/F/ED TO = OCT. 17, 2005 (addetranal) SECURITY TITLE ~ GUARANTY CO. SOUTHOLD SA V/Nl3S BANK DAN~L f/SCNER NANCY F/SCNER of NEiy y y~ ~~T. anET~c°~+,~ ~ Prepared in accordance with the minimum REG~IVEp / ~ y u . standards for title surveys as satabliahed by the L.I.A.L.S. and approved and adopted MAR 1 4 2006 PEC N/ SURV h a for ouch use by The New York State Land (881 785-b0?OFAX Tit/e Aasociatiort. P. BOX gp9 ~ 7?30 TRAVELER STREE ZON~NO BOARD OF APPEALS SOUTROLD, N. 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Application Information Project Title: Standard Subdivision of Daniel L. Fischer Applicant: Daniel Fischer Date of Submission: September 15, 2009 Tax Map Number: 1000-15-8-1.1 Project Location: The property is located on the north side of SR 25 west of Ryder Farm Lane in Orient. Hamlet: Orient Zoning District: R-40 II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site: 1.7 # of Lots Proposed: 2 III: Action to review Review Revised Covenants and Restrictions IV: Analysis Applicant has submitted revised Covenants and Restrictions. Clauses 5A-5E replaced the recommended storm water calculations as discussed at the 4/9/12 work session. The applicant submitted final plats and mylars endorsed by the Heath Department. V: Staff Recommendations 1. Accept the Revised Covenants and Restrictions and ask the applicant to file them with the County. 2. Consider waiving the Final Hearing and issuing final approval at the June 4`h Public Meeting. Sout~d Planning Department Sta~eport Subdivision Application Work Session Review Date 4-9-12 Prepared By: Alyxandra Sabatino I. Application Information Project Title: Standard Subdivision of Daniel L. Fischer Applicant: Daniel Fischer Date of Submission: September 15, 2009 Tax Map Number: 1000-15-8-1.1 Project Location: The property is located on the north side of SR 25 west of Ryder Farm Lane in Orient. Hamlet: Orient Zoning District: R-40 II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site: 1.7 # of Lots Proposed: 2 III: Action to review Charles Cuddy to discuss drainage calculations. IV: Analysis Remaining items needed: 1) In place of a full SWPPP the Board is requiring that storm water calculations (See Chapter 236 of the Southold Town Code), existing storm water controls and proposed storm water controls be submitted for the action in narrative format for Board review. A. Engineer's comments: i. The drainage calculation submitted indicates that drywells already exist for one of the residential structures. Drainage structures should be verified as to size location and how they are connected to the roof drain system. ii. The calculation also use a runoff coefficient of 0.- &0.8 for roof and patio area. These coefficients should be 1.0 for both areas. Gravel Pavement areas should use arun-off coefficient of 0.6. iii. Using only the second residence and the patio and gravel driveway areas this site would generate approximately 934 C.F. of storm water runoff during a 2" rainfall event. This quantity of storm water would appear to be too large to be contained by lawn areas within the property limits, Soil permeability tests and grade elevations Soutf~d Planning Department Sta~eport would be required to verify that this lawn area is capable of recharging this amount of storm water in a timely manner. iv. It is recommended that additional drainage BMP's or structures be designed to contain the runoff generated by both lots within this proposed subdivision. 2) Subdivision Final Plat with a Suffolk County Department of Health Approved stamp; and 3) Submission of a Park and Playground Fee in the amount of $7,000.00; and 4) Submission of an Administration Fee in the amount of $2,000.00 dollars; and V: Staff Recommendations 2 South Planning Department Staf>~eport Subdivision Application Work Session Review Date 1-9-12 Prepared By: Alyxandra Sabatino I. Application Information Project Title: Standard Subdivision of Daniel L. Fischer Applicant: Daniel Fischer Date of Submission: September 15, 2009 Tax Map Number: 1000-15-8-1.1 Project Location: The property is located on the north side of SR 25 west of Ryder Farm Lane in Orient. Hamlet: Orient Zoning District: R-40 II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site: 1.7 # of Lots Proposed: 2 III: Action to review Engineer's comments Revised Covenants and Restrictions IV: Analysis A. Engineer's comments: 1) The drainage calculation submitted indicates that drywells already exist for one of the residential structures. Drainage structures should be verified as to size location and how they are connected to the roof drain system. 2) The calculation also use a runoff coefficient of 0.- &0.8 for roof and patio area. These coefficients should be 1.0 for both areas. Gravel Pavement areas should use arun-off coefficient of 0.6. 3) Using only the second residence and the patio and gravel driveway areas this site would generate approximately 934 C.F. of storm water runoff during a 2" rainfall event. This quantity of storm water would appear to be too large to be contained by lawn areas within the property limits, Soil permeability tests and grade elevations would be required to verify that this lawn area is capable of recharging this amount of storm water in a timely manner. 4) It is recommended that additional drainage BMP's or structures be designed to contain the runoff generated by both lots within this proposed subdivision. South Planning Department Staffport B. Applicant submitted revised Covenants and Restrictions pursuant to a letter from the Planning Board dated to October 5, 2011. All requested changes were made. Please see attached. V: Staff Recommendations 1) Recommend accepting Town Engineer's comments. 2) Recommend that the Board accept the revised Covenants and Restrictions and forward them to the Town Attorney for review. 2 TIMELINE PCOIeCt: Standard Subdivision For Daniel and Nancy Fischer SCTM#: 1000-15-8-1.1, Zoning District: R-40 Location: The property is located on 38785 NYS Rt. 25, Orient. DesCrlption: This is a proposed 21ot standard subdivision if a 1.6682 acre parcel where Lot 1 would tota136,333 square feet and Lot 2 would tota136,332 square feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. 2006 • April 6, 2006: Application to ZBA submitted • April 27, 2006: PB submits comments to ZBA -request in conformance with character and neighborhood • August 11, 2006: Variance denied by ZBA -different lot configurations at this time • February 9, 2009:Application to Town of Southold Building Dept. disapproved -area too small, insufficient side yard setbacks for shed and improved one-story house. • May 4, 2009: PB submits comments to ZBA supporting requested variances as conforms with community neighborhood and character. • September 12, 2006: Sketch Approval granted with conditions -See attached resolution for conditions. 2009 • August 4, 2009: ZBA grants area and side yard setback variances. • September 15, 2009: Application for subdivision submitted • October 15, 2009: Application fee submitted. • December 2009: Planning Board agreed to waiving full ERSAP requirements for the following reasons: o The site is already improved with two residential dwellings. o The site is landscaped o The site has separate access for each individual lot o No new structures will be erected on site - no further improvements will be made to the site. o Revised subdivision map will indicate all significant trees on site as well as larger trees existing o Revised subdivision map will indicate clearing limits for individual lots 2010 • January 25, 2010: SCPC responded with local determination • January 21, 2010: Applicant submits streamlined ERSAP showing all significant trees on site, hedge-row etc. • February 2, 2010: Adequate fire protection/access from Orient Fire District • February 5, 2010: NYS DOT - No significant impacts to SR 25. • February 11, 2010: LWRP review: Determination: Consistent • February 19, 2010: Town Engineer comments re-submitted • March 9, 2010: Sketch Approval granted • April 8, 2010: Preliminary application submitted TIMELINE Project: Standard Subdivision for Daniel and Nancy Fischer SCTM#: 1000-15-8-1.1, Zoning District: R-40 Location: The property is located on 38785 NYS Rt. 25, Orient. Description: This is a proposed 2 lot standard subdivision if a 1.6682 acre parcel where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. 2006 • April 6, 2006: Application to ZBA submitted • April 27, 2006: PB submits comments to ZBA -request in conformance with character and neighborhood August 11, 2006: Variance denied by ZBA -different lot configurations at this time February 9, 2009:Application to Town of Southold Building Dept. disapproved -area too small, insufficient side yard setbacks for shed and improved one-story house. • May 4, 2009: PB submits comments to ZBA supporting requested variances as conforms with community neighborhood and character. • September 12, 2006: Sketch Approval granted with conditions -See attached resolution for conditions. 2009 • August 4, 2009: ZBA grants area and side yard setback variances. • September 15, 2009: Application for subdivision submitted • October 15, 2009: Application fee submitted. • December 2009: Planning Board agreed to waiving full ERSAP requirements for the following reasons: o The site is already improved with two residential dwellings. o The site is landscaped o The site has separate access for each individual lot o No new structures will be erected on site - no further improvements will be made to the site. o Revised subdivision map will indicate all significant trees on site as well as larger trees existing o Revised subdivision map will indicate clearing limits for individual lots 2010 • January 25, 2010: SCPC responded with local determination • January 21, 2010: Applicant submits streamlined ERSAP showing all significant trees on site, hedge-row etc. • February 2, 2010: Adequate fire protection/access from Orient Fire District • February 5, 2010: NYS DOT - No significant impacts to SR 25. • February 11, 2010: LWRP review: Determination: Consistent February 19, 2010: Town Engineer comments re-submitted • March 9, 2010: Sketch Approval granted • April 8, 2010: Preliminary application submitted Town of Southold Planning Department Staff Report Subdivisions I. Application Information eject Title: Standard Subdivision of Daniel L. Fischer Map Prepared By: John Metzger. L.S. Date of Map: July 15. 2009 Date of Submission: September 15. 2009 Applicant: Daniel Fischer Tex Map Number: 1000-15-8-1.1 Proiect Location: The property is located on the north side of SR 25 west of Rvder Farm Lane in Orient. Hamlet: Orient Zoning District: R-40 II. Description of Proiect Type of Application: Subdivision Type of Subdivision: Standard Subdivision Acreage of Project Site: 16682 Yield Map or Calculation: 2 Number of Lots Proposed: 2 Acres of Open SpaceLReserved Area• N/A Percentage of Open Space/Reserved Area (see attached calculationLN/A Type of Access Provided: Existing off S.R.25. and off Rvder Farm Lane Length of Access: TBD III. Site Analysis SEOR Type of Action: Unlisted Present Land Use: Residential Existing Structures• Improved 2-story frame house barn -proposed 1 story frame house. shed. Existing Permits. Atlprovals CO's etc• ZBA area variance granted setback variance - gra nted- J u Iv 30. 2009 Was Property Previously Subdivided No If Yes. Date of ARproval:N/A Existing Easements or Restrictions• N/A Soil Type: NL Located within Coastal Erosion Hazard Zone No Located within Flood Hazard Zone• No Predominant Vegetation: Trees. lawn hedges etc Significant Trees on Site: Yes. map submitted by applicant January 2010 1 Percentage of Slopes: 0-10%=100% Name of Abutting Water Body: N/A Critical Environmental Area: No ~e of Wetlands on or Adjacent to Site: N/A Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: Need information. Distance to Public Water: N/A Source of Water Supply: Well water Number of Access Points: TBD - aroaosed 2. Historical or Archaeological Significance: N/A IV: Permits and/or Review Required From Other Agencies This project will require review and/or approval from the Suffolk County Department of Health Services, the Town Engineer, the Suffolk County Planning Commission and LWRP Coordinator. V: Project Analysis This proposal is for a standard subdivision to subdivide an improved 1.6682 acre lot in the R-40 zoning district where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet. Access exists for both lots off S.R. 25 and Ryder Farm lane. VII: Staff Recommendations • Accept application for preliminary review • Refer drainage plans to Town Engineer • Review clearing limits for each lot per Southold Town Code §240-49. For these lots the clearing limit is 60%. • Draft C&Rs to be created re: clearing limits, no further subdivision, significant trees on-site and maintenance of brush along fence line of Town drainage basin by Lot #2. • Conduct SEQRA • Schedule public hearing at July 12, 2010 meeting for August 9, 2010. 2 Town of Southold Planning Department Staff Report Subdivisions I. Application Information Project Title: Standard Subdivision of Daniel L. Fischer Map Prepared By: John Metzger, L.S. Date of Map: July 15. 2009 Date of Submission: September 15. 2009 Applicant: Daniel Fischer Tax Mao Number: 1000-15-8-1.1 Proiect Location: The property is located on the north side of SR 25 west of Ryder Farm Lane in Orient. Hamlet: Orient Zoning District: R-40 II. Description of Project Type of ARplication: Subdivision Type of Subdivision: Standard Subdivision Acrea a of Project Site: 1.6682 Yield Map or Calculation: 2 Number of Lots Proposed- 2 Acres of Open Space/Reserved Area: N/A Percentage of Open Space/Reserved Area (see attached calculation)• N/A Type of Access Provided: Existing off S.R.25. and off Rvder Farm Lane Length of Access: TBD III. Site Analysis SEQR Type of Action: Unlisted Present Land Use: Residential Existing Structures: Improved 2-story frame house barn -proposed 1 story frame house. shed. Existing Permits Approvals CO's etc• ZBA area variance granted setback variance - granted- July 30. 2009 Was Properly Previously Subdivided• No If Yes. Date of Approval:N/A Existing Easements or Restrictions: N/A Soil Type: N/A Located within Coastal Erosion Hazard Zone• No Located within Flood Hazard Zone• No Predominant Ve¢etation: Trees. lawn hedges etc Significant Trees on Site• Yes map submitted by applicant January 2010 1 • i Percentage of Slopes: 0-10%=100% Name of Abutting Water Body: N/A Critical Environmental Area: No Tvpe of Wetlands on or Adjacent to Site: N/A Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: Need information. Distance to Public Water: N/A Source of Water Sup21v: Well water Number of Access Points: TBD -proposed 2. Historical or Archaeological Significance: N/A IV: Permits and/or Review Required From Other Agencies This project will require review and/or approval from the Suffolk County Department of Health Services, the Town Engineer, the Suffolk County Planning Commission and LWRP Coordinator. V: Project Analvsis This proposal is for a standard subdivision to subdivide an improved 1.6682 acre lot in the R-40 zoning district where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet. Access exists for both lots off S.R. 25 and Ryder Farm lane. VII: Staff Recommendations • Accept application for preliminary review • Refer drainage plans to Town Engineer • Review clearing limits for each lot per Southold Town Code §240-49. For these lots the clearing limit is 60%. • Draft C&Rs to be created re: clearing limits, no further subdivision, significant trees on-site and maintenance of brush along fence line of Town drainage basin by Lot #2. • Conduct SEQRA • Schedule public hearing at July 12, 2010 meeting for August 9, 2010. 2 SUBDIVISION CHECKLIST Project Name: Daniel & Nancy Fischer SCTM 1000-15-8-1.1 Location: The property is located on 38785 NYS Rt. 25, Orient Project Description from Planning Tracking: This is a proposed 21ot standard subdivision if a 1.6682 acre parcel where Lot 1 would total 36,333 squaze feet and Lot 2 would tota136,332 squaze feet in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. Stea One: Sketch Application Pre-submission Conference: ® Date: Sketch Application Received: ® Date: September 15, 2009 Application Fees Paid: ® Date: $1750.00 -October 10, 2009 Sketch Plan Submission: ® Date: September 15, 2009 Initial Site Inspection Conducted: ® Date: None Long EAF: ® Date: September 15, 2009 ERSAP Submitted: ® Date: Streamlined -showing significant trees on-site -January 21, 2010 Yield Plan Submitted: Date: N/A Concept Design Determined: ® ® Date: N/A -already developed lot Coastal Assessment Form (as applicable): ® ® Date: SEQRA Coordination: ® ® Date: Landscape Plan (as applicable): Date: Soil Conservation Plan (as applicable): ® ® Date: Standard Referrals: Town Board/Clerk/Supervisor: ® ® Date Sent: 1 LWRP (30 days): ® Date Sent: December 15, 2009 Date Received: Town Trustees (30 days): ~ ® Date Sent: Date Received: March 9, 2006 re: community dock proposal Buildings (30 days): ® ® Date Sent: Date Received: Orient Fire District (30 days): ® Date Sent: December 15, 2009 Date Received: February 2, 2010 Town Engineer (30 days): ® Date Sent: December 15, 2009 Date Received: December 17, 2009 Suffolk County Planning Commission (45 days): ® Date Sent :December 15, 2009 Date Received: January 25, 2010 NYS DOT: ® Date Sent: December 15, 2009 Date Received: February 4, 2010 NYS DEC: ~ ® Date Sent: Date Received: SEORA Referrals re: Lead Aeency Status: Action on Sketch Plan: Sketch Approval: ® Date: March 9, 2010 Conditional Sketch Approval: ~ ® Date: Sketch Denial: ® ® Date: Expired (six months from date of approval): ~ ® Date: NOTES: 2 Step Two: Preliminary Plat Application/Review Completed Preliminary Plat Received: ® Date: Apri18, 2010 - 5 maps submitted of preliminary plat -need drainage for Jamie See § 240-17 Technical Requirements for Preliminary Plat Submission Details: A) Proposed Layout: ® Already Exists B) Name of the Subdivision: C) Name of the Property Owner: D) Name, address, tele hone of NYS licensed surveyor or engineer prepazing the preliminary plat: E) Description: F) Existing easements, covenants and/or restrictions, including liber and page To be submitted by applicant G) Existing and proposed improvements: H) Preliminary road and drainage plan: Application Fees Paid: ® Date: March 31, 2010 - $1000.00 SEORA: Neg. Dec. Filed : ® ® Date: Completed DEIS Filed ® ® Date: N/A Actions on Preliminary Plat: Submissiou of Preliminary Plat: ® Date: April 8, 2010 Submission of Preliminary Fee: ® Date: Mazch 31, 2010 3 Standard Referrals: SCPC Referral: ® Date Sent: December 15, 2009 Date Received: January 25, 2010 Southold Town Engineer: ® Date Sent: December 15, 2009 Date Received: December 17, 2009 NYS DOT Permit: ® Date Sent: December 15, 2009 Date Received: February 4, 2010 Orient Fire District: ® Date Sent: Town of Southold Board of Trustees: ® ® Date: N/A Other Requirements: Draft Covenants and Restrictions: To be submitted by applicant Draft Open Space Easements: N/A Permits Required: NYS DOT: NYC DEC: SCDHS: TOS DPW: SCWA Letter of Water Availability (as applicable) Road and Drainage Plans: Action on Preliminary Plat: Approve: ® ® Date: With Modification: ® ® Date: Without Modification: Date: Disapproval: ® ® Date: Notes• 4 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 Minor subdivision-Daniel Fischer 2. Suffolk County Tax Map # 1000-15-08-1. 1 3. Hamlet Orient 4. Street Location 38785 Main Road (NYS Route 25) 5. Zoning District R-40 6. Date of Submission February 24, 2011 7. Sketch Plan Approval Date March 8, 2010 8. Preliminary Approval Date November 15, 2010 9. Number of Lots Proposed 2 lots 10. Acreage of Open Space/Reserved Area N/A 1 I. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing N/A 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. N/A 14. Does the Final Plat conform substanfially to the approved Preliminary Plat? If not, please explain the differences. Yes 15. Application prepared by [ J owner ~C] agent [)other Signature of Preparer~'~ T Date _ _ i f ~gOFFO(,~co MAILING ADDRESS: PLANNING BOARD MEMBERS lly P.O. Box 1179 JERILYN B. WOODHOUSE ~ ~ Southold, NY 11971 Chair ~ OFFICE LOCATION: O ~ • Town Hall Annex WILLIAM J. CREMERS y~ol ~aO~ 54375 State Route 25 KENNETH L. EDWARDS * (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY GEORGE D. SOLOMON Telephone: 831 785-1838 ~Y 7E~b-3138 PLANNING BOARD OFFICE 'r- _ _ . TOWN OF SOUTHOLD APR - ` 2C1G i i Application for Preliminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Minor Subdivision-Daniel L. Fischer 2. Suffolk County Tax Map # 1000-IS-O8-1. I i 3. Hamlet Orient 4. Street Address/ 38785 Main Road(NYS Route 25) _ Project Location 5. Zoning District R-40 6. Date of Submission April 6, 2010 7. Sketch Plan Approval Date March 8, 2010 8. Acreage of Site 1.6682 ac. 9. Parcel Yield 2 lots 10. Number of Lots Proposed 2 lots a. Number of Affordable Lots Required: N A b. Number of Affordable Lots Proposed: c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: N/A 11. Acreage of Open Space N/A 12, Percentage of Open Space N/A 13. Range of Lot Sizes 36,332 sq.ft. to 36,333 sq.ft. 14. Average Lot Size 36,332 sq.ft. 1$. Private OI Public Streets Public Street (Main Road) 16. Length of Road(s) N/A 17. Acreage of Road(s) N/A 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. No 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or i; ther agencies? Please list other applications which are currently pending involving this project. If possible, please provide application reference numbers. , Suffolk County Department of Health Services'subdivision approval 20. Application completed by [ ]owner [X] agent [ ]other I Signature of Preparer ~ I~ Date ,E • ~gUFFO~,~co • MAILING ADDRESS: PLANNING BOARD MEMBERS rly P.O. Box 1179 JERILYN B. WOODHOUSE C ~ Southold, NY 11971 Chair y Z OFFICE LOCATION: RICHARD CAGGIANO • Town Hall Annex WILLIAM J. CREMERS ?f01 ~.a~ 54375 State Route 25 KENNETH L. EDWARDS * (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY Telephone: 831 786-1938 ~......,...;K Fax~88~~J~gs PLANNING BOARD OFFI(1")~ TOWN OF SOUTHOLD ~ ~~~~J11~~, n`~~ ~ SEP ''109 AMENDED .i ~ ` T.;~cp Application for Sketch Approval ~ ,ti ~ ~y APPLICATION IS HEREBY MADE to the Town of outfinld.'tan~.Hoaui...foz.. SKETCH APPROVAL for the subdivision described herem'~"`~` ~y 1. Name of Subdivision Minor Subdivision-Daniel L. Fischer 2. Suffolk County Tax Map # 1000-15-08-1. 1 3. Type of Subdivision Standard [x] Conservation [ ] 4. Hamlet Orient 5. Street Address/ 38785 Main Road (NYS Route 25) Project Location 6. Acreage of Site 1.6682 ac 7. Proposed Yield 2 lots (Lot 1-36,333 sq.ft.; Lott-36,332 sq.ft.) 8. Number of Lots Proposed 2 lots 9. Zoning District R-40 10. Date of ~utauli„it~n September 10, 2009 11. Please provide the names, addresses and phone numbers for the following people: Applicant: Daniel L. Fischer 'IR7R5 Main Rnarl ' Orient, NY 11957 Agent: Charles R.Cuddy, ESq. PO Box 1547 Riverhead, NY 11901 (631 ) '169-a~nn Property Owner(s): Nancy Fischer 38785 MainRoad Orient. NY 11957 Surveyor: John Metzger. L.S. Peconic SUrveyors, P.C. -1?0 13a~Q09 Southold NY 11971 Engineer: Attorney: CHarles R.Cuddy. Esa. PO Box 1547 Riverhead, NY 11901 1631) 369-B~nn 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether or not approval was granted by the Planning Board. Yes -2006 13. Has apre-submission conference been held with the Planning Board? If so, provide date. N/A 14. Has the owner/applicant met with Land Preservation? If so, provide date. No I5. Is any part of the property in agricultural use? No 16. Is there an existing or proposed sale of development rights on the property? 17. Does the owner own any adjacent properties? If so, please indicate the properties by SCTM#. N/A 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). No 19.The site will be serviced by the following special districts or utility companies: Fire District Orient Post Oj~ce Orient School District prient/Greenport Water N/A 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so, please provide proof that service will be provided. No 21. Please indicate the type of open space propos):d and how it will be managed? N/A ~ i 22. Are there any existing structures on the property? If so, please indicate the type of structure and its use(s). Will these structures remain, be removed or altered? Lot I-existing 2-story frame house and two sheds r.nr ~-axisting 1-story frame house These structures will remain 23. Based on the pazcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. N/A 24. Application completed by [ ]owner Qt] agent [ ]other Signature of Preparer ~ Date ~ 3' NANCY FISCHER 38785 Main Road Orient, New York 11957 I, Nancy Fischer, owner of the property identified as SCTM# 1000-15-08-1.1, located in Orient, New York, hereby authorize Charles R. Cuddy, Esq. to act as our agent and handle all necessary work involved in the subdivision process with the Southold Town Planning Board . ` ~ Nanc Fischer Swor to before me this ~~y Of ~ ,200y. WENDYL.ICUKLA Notary Public, State of New York ~ j////~ ~ No. O1 KU6176871 Qualif!ed in Suffolk County Commiss~on Expires 11(051011 Notary Public Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the Hart of town officers and emnlovees. The pumose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Fisher Daniel L. last name, first name, middle initial unless you are applying in the name ofsomeone else or other entity, such as a company. 7fso, indicate the other person's or company's name. Nature of Application: (Check all that apply) Tax grievance Building Vaziance Trustee Special Exception Coastal Erosion Change of zone Mooring Subdivision Plat % Planning Site Plan Other (Please name other activity) Do you personally (or through your company, spouse, sibling, parent or child) have a relationship with any ofi cer or employee of the Town of Southold? "Relationship includes by blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shazes. Yes No % If you answered "Yes" complete the balance of this form and date and sign where indicated. Name of the person employed by the Town of Southold Title or position of [hat person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line Athrough Dand/or describe m the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); _ B. the legal of beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C. an officer, director, partner or employee of the applicant; or D, the actual applicant Description of Relationship: Submitted this day of Signature t-f' Print Name ante ~ is er i IIIIIIIIIIIIIIIIIVIIIVIIIIIIIIVIIIIIIIIVIIIIIIIIIII 1111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERIC RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 09/20/2007 Number of Pages: 4 At: 01:39:32 PM Receipt Number 07-0088653 TRANSFER TAX NUI+IDER: 07-05495 LIBER: D00012523 PAGE: 208 Diatriat: ~ Section: Blook: Lot: 1000 015.00 08.00 001.001 • BXAMINF.D AND CHARGED AS FOLLOliB Doed Amount: $0.00 Received the Fo1loMinq Fees For Above Instrument ixampt ~~Pt Page/Filing $12.00 NO Haadlinq $5.00 NO C08 $5.00 NO NYS SRCBG $15.00 NO gA-CTy $5.00 NO EA-STATE $75.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copiea $0.00 NO RPT $30.00 NO Traasfes tax $0.00 NO Camm.Pres $0.00 NO Foes Paid $152.00 TRANSFER TA7[ NUMBER: 07-05495 THIS PAGE IS A PART OF TH8 INSTRUMENT THIS IS NOT A SZLL Judith A. Pascale Couaty Clerk, Suffolk Couaty I ~ • • Numher of pages RECORDm TORRENS ZO(t7 Sep 7I1 01t39r32 PM Judith p. Pascale Serial N CLERIC OF r .SUFFOLK L'OURTY Ccrtificuta A L D00012925 P ~Og Irrior GLO ~ D7107-OS195 Decd . Mongagc Inxtromcm Dced / Mongugc Tux Slamp Raording / f•ilinp Suvnpx 3 FEES Pape /Filing Fee Mongttge Amt. ' I. Buxic Tux _ Hantlling 5. Jj((_ 2. Addidonul Tux _ 7p_Sgq SubTotul _ Spec. / Aaeit. Notntian ~ ~ EA-5?I7 (Gwmyl ~ _ Sub Taal Spec. /Add. ' TOT. MTG TAX EA-5217 (Braze) _ Dual Town _ Duul County R.P.T.S.A. ~ Held forAppoirtwcnt Tmnstcr Tiuc -CZ Comm. of Fd. 5. ~ Mansion Trx _ Affidavit The pmpeny covered hr thix motguge is or will be improved by u one ur two Certified G~py ~ family dwelling only. YES or NO Rcg. Copy Sub Total If NO, xee oppropritue rux clauxe on Other Gmnd Total page Y of thix' xlnlritent. f ~ 91oek ~ Ltri ~ 4 District Sectitat S Community Ptntaenetlon Fund Real 0702 161 loco 0>.500 oeoD oolooi CunsidcratianAmount S o.00 Progeny P T S CPF Tsx Doc 5 Tnx Service PDTY A Ab'~cY 7-9EP-07 Impmved Verification Vacant Lund _ 6 SutisfactiuNDischurgtx/Release Liaz Prnpeny Owners Mailing Address TD RECORD & RETURN TO: ROBERT S. HUGHES TD ATTORNEY AT LAW PO Box Ile TD CREENPORT,NY 11944 7 TIOe Com ny In7otvrptlon Cu. Nutnc Title N 8 Suffolk Count Recordin & Endorsement Page This page Rums prat of the aztmhetl DEED mode by: (SPECIFY TYFE OF INSTRUMENTI DANIEL L. PISCHER AND The prcmixix herein is situazed in NANCY L. FISCHER SUFFOLK COUNTY. NEW YORK. TO In the Township of SOUTHOLD NANCV L. FISCHER In the VILLAGE or HAMLET of ORIENT AOXES 6 THROUGH 8 MUST 9E TYPEO OR PRINTED IN AtACK INK ONLY PRIOR'I'O RECORll1NG OR FILING MM, • Dear Taxpayer, , Your satisfaction of mongage tree been Cded in my office and I am enclosing the original roPY for your records. If a portion of your monthly mortgage payment included your pmpeny taxes, vmt will now nrisd [D concoct year 1 AI Town T : r+•~iv • xO hat yUa maV 6e billed dirrctiyjp f all f~t~re nroozm fBiLhiUd• Local pmpdry texts err payable twice a year. on.or before 3anuary 10th and on or before May 31st. Failure to tttake payments in a dtnely fashion could result in a penalty. Please eantact your bnl lbwn 7hx Jktcedrer with any quatlam regarding Property tax payment. Bebybn Town Receiver of Tarns Rivcdtead'~own Receiver of 7Lxcx 200 Fan Suotisa Highway 20D Howell Avenue North Lindeohunt, NY 11737 Riverhead, NY i 1901 (631) 957-3004 (63117??-32(p Breokhavea Town Receiver of Taxer Shelter Island Town Rativer of 7hxes 230 Eau Maio Strut Shelrcr Wand Town Hull pbn kfferson, NY 11777 Shehcr•Island, NY (1964 (631)473-0236 (6311749-3338 Eat Hernptwt Town Ravdvcr of Taxes Smithtown 7bwn Receiver of Texca 300 Pamigo Plare 99 Vhst Main Strtet East Hampton, NY 11937 Smithtown, NY 11787 _ (631)321-2770 (631) 360.7610 ' - HunUng[on Town Receiver of Taxes . Soutlumpton Town Receiver of Taxes ' 100 Mein Suet 116 Hampton Road t Huntington, NY 11743 Southampton, NY 11968 ' (631) 331-3217 (631)281-6514 Islip Town Receiver o(TUes Southold 71twn Receiver of Taxes 40 Nensau Avenue ~ 53095 Main Road Islip, NY i 1731 Sowhdd; ICY 11971 (631)224.5380 (631)765-Ig03 . ~t<ae,;Z,L Q. 1~.a,e,6t,., ~ . Suffolt County Ckrk ' J - • Fmn BpON - Ila~io rd s.k tkM. wuh io~muur yumi Cr+w,rs ncic - Imivldual M Capvouun.ldeyk sheen CnNSUI:I' Yl)l:R IAWS'ER NFFI~RIi 51G1JI~G'fH4C 1\5'IRU~11iYf • 7NI51N5TRUMt:AT SI g111U IiF.115[iD X~' IAK'YFRi nF1.Y. THIS INDENTURE, made the /O day ot~2d /hhr twro thousand and/J~lJe~r BETWEEN D01N7SL L. FISCBtIlR clad >~CY L. FISCH3R, husband and wife, both residing at 38785 Main Road, Orient, New York 11957 parry of the first part, and tiANCY L. FI$C88R, residing a*_ 38785 Mair. Road, Orient, New York 11957 Tar< Map ICY of the second part. DesiBeatba WITNESSETH, that the parry of the first pan. in rnnsideration of 1'cn 1lollars and other valuable tN+ttrict consideration paid by the party of the sernnd pan, does hereby grant and release unto the parry of tOtp the second pan, the heirs or succcsgors and assigns of the second pan forever. ~ g"tb° ALL that terrain plot, pictc or parcel of land, v.~ith the huildingR and improvements therrnn t6 erected, situate, lying and being at Orier:t, Town of Southold, County of Block Suffolk and State of new York, bounded and described as follows: R SEGIl1NING at the corner formed by the intersection of the northerly side of Main Road IS.R. 7.5) with the westerly side of Lot Ruder Farm Lane; t.l RIIpIIdI11iG T88ETC8 along the northerly side of Main Road South 57 degrees,51 minuyes 10 seconds West for a distance of 405.06 feet; TI~CE North O1 degrees 39 minutes 00 seconds West along land now or formerly of Stephen A. Felemen and lard now or formerly of Mario 0. Fitzsimmons for a distance of 334.78 feet; TIDZFCB North 88 degrees 26 mi:tutes 00 seconds East along Lot e65 , on ^Map of Orient by the Sea" °or a distance of 114.21 feet; T881iC6 South O1 degrees 34 t^'_nutes 00 seconds Sast along land now or formerly of: Town of So~taold for a distance of 24 feet; T81SWC15 North 88 degrees OS minl:tes 20 seconds East along land now or formerly of Town of Soulho_d for a distance of 183.89 feet to the westerly side of Ryder Farm Lanc; THSNCS South 27 degrees 08 xinutes 00 seconds East along the westerly side of Ryder Farm Lane [or a distance of 117.30 feet to the point or place o:` BSGIIaNING. ' SIiIliG AmD IN'PlND1:D TO IiS the same premises conveyed to the party of the first part by deed dared May 3, 1990 and recorded May 9, 1990, Ln the Office of the County Clerk of the County of SuffolY. in Liber 11064 , Page 129 Said premises are sold subject to: 1. Any state of facts an accurate survey may show, provided same does not render the title unmarketable. 2. Zoning regulations and ordinances of the Town of Southold 3. Drainage easement in Liber 7554, Page 316. 9. Covenants and Restrictions of record, if any. 1'OGF.THER w7th all the right, title and interest, it'any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thetroC; TOGfiTHER with the appurtertances and all the estate and rights of the party of the first part and to said premises;l'U HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the patty of the first part incompliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this wnveyartcc and will hold the right to receive such wnsideration as a trust fund to he 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 ueing any part of the total of the same far any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF,SS'WHERF,UF. the party of the first part has duly executed this deed the day and year first above written. IN PRESENCIi OF: Daniel 1.. Fischer icy L. Fischer I ~ TO BE USED WHEN THE ACKNOWLEDGMENT IS MADF IN NFW YORK ~'r'ATF i STATF. OF NFL YORK, U Y OF SUFFOLK as: On the rt7 ~yday of ~IPt~ in the year ~D O 7 before me. the undersigned, personally appeared DANIEL L. FISCI IER AND NANCY L. FISCHER personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/thcy cx~~cuted the same in his/her/their capacity(ics), and that by his/herhheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individ ted, executed the instrument. ~ (signature and office of in ivid ing acknowledgmenq lt9BERf S. IRIGII IIOfARPPU(gll; SWEOFgdrl'DAK NG. 041pI50i:912~ OaIYLSS10N DPIgES1t~Q DEED TITLE NO. - _ _ ~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for pennits* 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 standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an acfion 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 Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plazuung Depaztment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 15 - 8 -1.1 The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. ® 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 nansaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Two to diyi ci nn _ _ _ Location of action: 38785 Main Road, Orient, Town of Southold Site acreage: 1.6682 ac. Present land use: Residential Present zoning classification: u-~n 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: Daniel and Nancy Fischer (b) Mailing address: 38785 Main Road Orient, NY 11957 (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No x? If yes, which state or federal agency? N/A 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 beneTcial 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 -please explain) _ This 2 lot diva ci nn ad~nini ng cmaller lntc will haves i i Hart Attach additional sheets if necessazy Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWl2P Section III -Policies Pages 3 through 6 for evaluation criteria Yes 0 No x? (Not Applicable -please explain) This site borders a large subdivision and is located at NYS Route 25 Orient There are no historic or archaeological resources at this site known to the - applicant 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 0 Yes ~ No ®(Not Applicable -please explain) ntn arlrl;r; 1 cr r r t h ^dd d to rt, i* Visual qualit3r will-remain as_is. 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 -please explain) 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 0 No ®(Not Applicable -please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and Function of the Town of Southold ecosystems including Significant Coastal 1•Ssh and Wildlife Habitats and wetlands. See LWRP Section III -Policies; Pages 22 through 32 For evaluation criteria. Yes ~ No ® (Not Applicable -please explain) ~~i i • . • 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 -please explain) 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 -please explain) 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. Ye~ No ® (Not Applicable -please explain) Attach additional sheets if necessary WORKING COAST POLICIES _ d • ~ • 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 ©(Not Applicable -please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No ®Not Applicable -please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LW1tP Section III -Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ® Not Applicable -please explain 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 -please explain PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be 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 -Daniel L. Fischer Location of Action (include Street Address, Municipality and County) 38785 Main Road, Orient, Town of Southold, Suffolk County Name ofApplicant/Sponsor Daniel L. Fischer Address 38785 Main Road City / PO Orient State NY Zip Code 11957 Business Telephone Name of Owner (if different) Nancy Fischer Address 38785 Main Road City / PO Orient State NI' Zip Code 11957 Business Telephone Description of Action: Minor subdivision-2 lots Page 2 of 21 • Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: ®Urban ®Industrial ®Commercial Residential (suburban) ©Rural Inon-farm) Forest ~ Agriculture ~ Other 2, Total acreage of project area: 1.6682 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 0 acres 0 acres Forested 0 acres 0 acres Agricultural (Includes orchards, cropland, pasture, etc.l 0 acres 0 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 0 acres 0 acres Water Surface Area 0 acres 0 acres Unvegetated (Rock, earth or fill) 0 acres 0 acres Roads, buildings and other paved surfaces .1928 acres • 1928 acres Other Ilndicate type) landscaping 1.4753 acres 1.4753 acres 3. What is predominant soil typelsl on project site? a. Soil drainage: Well drained BO % of site Moderately well drained 20 ryo 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? N/A acres Isee 1 NYCRR 3701. 4. Are there bedrock outcroppings on project site? ©Yes ~ No a- What is depth to bedrock N/A (in feet) 5. Approximate percentage of proposed project site with slopes: ~0-10% 100 % ~10- 15°k_°k ~ 15°k or greater_% 6. Is project substantiall contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ~ Yes ~ No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ®Yes ~No 8. What is the depth of the water table? lin feet) g. Is site located over a primary, principal, or sole source aquifer? Yes ~ No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~ Ves ~ No Page 3 of 21 • 1 1 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? Yes ~ No According to: Identify each species: 12. Are there any unique or unusual land forms onthe protect site? li.e., cliffs, dunes, other geological formations? ?Yes ~ 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 thepresent site include scenic views known tobe important to the community? ®Yes ~No 1 5. Streams within or contiguous to project area: N/A a. Name of Stream and name of River to which it is tributary 1 6. Lakes, ponds, wetland areas within or contiguous to project area: N/A b. Size (in acres): Page 4 of 21 1 7. Is the site served by existing public utilities? ~ Yes ~ No a. If YES, does sufficient capacity exist to allow connection? 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 substantial) 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 ®i No B. Project Description 1 . Physical dimensions and scale of project (fill in dimensions as appropriately a. Total contiguous acreage owned or controlled by project sponsor: 1.6682 acres. b. Project acreage to be developed: N/A acres initially; N/A acres ultimately. c. Project acreage to remain undeveloped: acres. d. Length of project, in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. N/A °h f. Number of off-street parking spaces existing 4 ; proposed 4 g. Maximum vehicular trips generated per hour: 2 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 2 Ultimately 2 i. Dimensions (in feet) of largest proposed structure: N/A height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 405 ft. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? N/A 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? b. Will topsoil be stockpiled for reclamation? Yes ©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? N/A acres. Page 5 of 21 i ~ 5. Will any mature forest lover 100 years old) or other locally-important vegetation be removed by this project? ® Yes ~ No 6. If single phase project: Anticipated period of construction: N/A months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated N/A (number) b. Anticipated date of commencement phase 1: month Year, lincluding 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 N/A ;after project is complete 10. Number of jobs eliminated by this project N(A 11 . Will project require relocation of any projects or facilities? ©Yes ~ No If yes, explain: 1 2. Is surface liquid waste disposal involved? ~ Yes ~ No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ~ Yes ~ No Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? Yes ~No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? Yes ~No 1 6. Will the project generate solid waste? ~ Yes ~ No a. If yes, what is the amount per month? 0.66 tons b. If yes, will an existing solid waste facility be used? ~ Yes ~ No c. If yes, give name Transfer Station p ; location Cutchogue O d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ~ No Page 6 of 21 e. If yes, explain: Materials removed from waste stream for re-use or recycling 17. Will the project involve the disposal of solid waste? Yes ~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Yes ~ No 19. Will project routinely produce odors (more than one hour per dayl? ©Yes ~No 20. Will project produce operating noise exceeding the local ambient noise levels? ®Yes ~No 21 . Will project result in an increase in energy use? ~ Yes ? No If yes, indicate type(s) fossil, electric 22. If water supply is from wells, indicate pumping capacity ~ gallons/minute. 23. Total anticipated water usage per day 600 gallons/day. 24. Does project involve Local, State or Federal funding? ~ Yes ~ No It yes, explain: Page 7 of 21 25. Approvals Required: Submittal Date Type City, Town, Village Board ~ Yes ~ No Subdivision approval City, Town, Village Planning Board Yes ©No Approval obtained in 07/09 City, Town Zoning Board~Yes ~ No Subdivision approval 2009 Clty, Couniy Health Department ~ Yes ©No Other Local Agencies ~ Yes ~ 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 Yes, indicate decision required: Zoning amendment ®Zoning variance ©New/revision of master plan ~ Subdivision Site plan ®Special use permit ~ Resource management plan ? Other Page 8 of 21 i • 2. What is the zoning classificationls) of the site? R-40 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 2 lots 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposedzoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~ Yes ~ No 7. What are the predominant land usels) and zoning classifications within a mile radius of proposed action? Residential S. Is the proposed action compatible with adjoining/surrounding land uses with a Y. mile? Yes ~ No 9. If the proposed action is the subdivision of land, how many lots are proposed? 2lots a. What is the minimum lot size proposed? 36,332 sq. ft. Page 9 of 21 i • 10. Will proposed action require any authorizationlsl for the formation of sewer or water districts? ~ Yes ~ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? ®Yes ~ No a. If yes, is existing capacity sufficient to handle projected demand? ~ Yes ~ No 1 2. Will the proposed action result in the generation of traffic significantly above present levels? ? Yes ~ 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 that the information provided above is true to the best of my knowledge. p Applicant/Sponsor Name Daniel L. Fischer Date y/~~~/ ~ Signature ~ ////~,//~~~„~(/1 Title ADAlicant If the action is in the Coastal Aree, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 MAILING ADDRESS: PLANNING BOARD MEMBERS ~~Of SOUryO P.O. Box 1179 DONALD J. WILCENSKI ~0 l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS G Q - Town Hall Annex KENNETH L. EDWARDS 'Q • ~O 54375 State Route 25 MARTIN H. IDOR IyCOV~ (cor. MaSoR h dYoru~ngs Ave.) Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: April 25, 2012 Re: Checks Attached are two checks totaling $9,000. Please allocate these funds as follows: $7,000 -Park & Playground Fee; $2,000 -Administration Fee (aka Planning Inspection Fee). Both fees are for the Fischer Subdivision. Thank you. Project Name & Type Tax Map # Amount Check # & Revenue line Date Fischer Std. Subdiv. Admin fee 15-8-1.1 $2,000.00 #1781-Apr. 18, 2012 62115.20 Planning aka Plannin Ins ection Fee Ins ection Fees Fischer Standard Subdiv. Park & 15-8-1.1 $7,000.00 #1780-Apr. 18, 2012 Park & Playground Playground fee fees Atts. LR • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~0~ S~UT~rO P.O. Box 1179 MARTIN H. SIDOR ~O ~ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS G ~ Town Hall Annex KENNETH L. EDWARDS • ~O 54375 State Route 25 JAMES H. RICH III O~y ~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI C~U~:~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 13, 2011 Re: Checks The referenced Final Plat applications have been accepted by the Planning Board and the funds may be processed to revenue 82115.10. Thank you. Project Nnme & Tnx Mnp Amount Revenue Line Check Dnte & # T # Fisher Main Rd Orient Subd 15-8-1.1 $500.00 6.2115.10 2/15/11 #2262 Southview Preserve Subd 87-5-21.7 $500.00 8.2115.10 5/18/11 #1036 • MAILING ADDRESS: PLANNING BOARD MEMBER. ~~~F ~OVly~ So P.O Id,oNY 11971 MARTIN H. SIDOR ~Q l~ _ Chair ~ # OFFICE LOCATION: WILLIAM J. CREMERS u>• ~ Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Aoute 25 DONDSJ. WILCENSKI OI~COU,~y ~ (cor. M Sou ho1dYNY ~ Ave.) 1111 Telephone: 631 765-1938 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: February 25, 2011 Re: Checks Please deposit the attached check into deferred Account 6691. Fee is for a Final Plat application not yet accepted by the Planning Board. Thank you. Project Name & Type Tax Map # Amount Check Date & Number Fisher Main Rd. Orient Subd 15-8-1.1 $500.00 2/15/11 - #2262 LR Att. 50666/214 2 2 6 2 38785 MAIN ROAD LLC - 38785-MAIN RD:. r?.n ~ f d 0 ! -ORIENT,/N'Y 11957 DATE , PAY TO THE ~ ~ ~ \ y/ ~ER OE O//,~G/YI f7 "'III 6V~ I 'L ~OO, per'. q~. ~ 1~~!((~~t(,~~lf~~ DOLLARS W aBtldgehampwn National Sank xis rwoxr)t,v.r 4„~awbA. MY ! 1 W 3 1~.~.' MEMO J-'I.NlSl~1~zCCL!'LLJ.JlI~F V M ~:0 2 L4066671: 08000 L4060n' 2 26 2 I/ • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~~F ~~Ury P.O. Box 1179 MARTIN H. SIDOR h~~ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L. EDWARDS ~ ~ ~ 54375 State Route 25 JOSEPH L. TOWNSEND I. (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI !~1 (,QU~ ~ Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: June 29, 2010 Re: Checks The referenced Subdivision applications haves been accepted by the Planning Board for preliminary approval and the checks may now be processed to revenue. Thank you. Project Name & Type Tax Map # Amount Check Date Fisher, Daniel Std. Subdiv. 15-8-1.1 1,000.00 3/31/10 Guada no Subdiv. 27-1-2 1,000.00 4/28/10 LR • ~ MAILING ADDRESS: . PLANNING BOARD MEMBERS OF SDUl P.O. Box 1179 MARTIN H. SIDOR O~~ y~l Southold, NY 11971 Chair h O OFFICE LOCATION: WILLIAM J. CREMERS ~ ~ Town Hall Annex KENNETH L. EDWARDS G Q 54375 State Route 25 JOSEPH L. TOWNSEND ~ (cor. Main Rd. & Youngs Ave.) DONALD J. WILCENSKI ~IiYCOU,M'~~ Southold, NY 1111 Telephone: 631 765-1935 Fax: 631 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: April 8, 2010 Re: Pavment Please deposit the attached check into the deferred account. Payment is for the Standard Subdivision Preliminary Plat Application Fee: not yet accepted by the Planning Board. Applicant/Project Nnme & Tnx Map # Amount Check Dute/No. T Authorization Code Daniel Fisher Standard Subdivision 3/31/10 - #1944 Prelimina PIatA IicationFee 15-8-1.1 $1,000. 5o-seai2'^ 19 4 4 38785 MAIN ROAD LLC 38785 MAIN RD. ry] ORIENT, NY 11957 pq~ ///k V[~ .3~ 6 ~oeo~o~TWn A~ SOD~aId ~ $~o0a.~.. a~ / /w 1 ~ ~711U/iM //l Aa,~l nnri_aRS a CK ~~'~Bddgehamp[on National BaNc ae r Enc. s! IP• ~n ~vk• re im ~ o _ _ 2 i4 6671. 08000 i4060n' 1944 • • MAILING ADDRESS: PLANNING BOARD MEMBERS ~QF Si7pj~, P.O. Box 1179 MARTIN H. SIDOR ~Q`~ Southold, NY 11971 Chair y * OFFICE LOCATION: WILLL9M J. CREMERS s/+ ie Town Hall Annex KENNETH L. EDWARDS ~ ~ ~p~ 54375 State Route 25 GEORGE D. SOLOMON ~rrV ~ (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND CDUa l ~ ~ Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: December 8, 2009 Re: Checks The referenced Subdivision applications haves been accepted by the Planning Board and the checks may now be processed to revenue. Thank you. Project iVnme & Type Tnx Mnp # Amount Check Date Fisher Orient Subdiv. - -1.1 1,750.00 10/10/09 LR MAILING ADDRESS: PLANNING BOARD MEMBERS ~OF ~~ury P.O. Box 1179 MARTIN H. SIDOR Southold, NY 11971 Chair ~ 'O,l/. OFFICE LOCATION: WILLIAM J. CREMERS N ie Town Hall Annex KENNETH L. EDWARDS G ~ 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND l~ro~ ~ Southold, NY Telephone: 631 766-1938 Fax: 631 76b-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: October 15, 2009 Re: Payment Please deposit the attached check into the deferred account. Payment is for the Subdivision sketch application fee: application not yet accepted by the Planning Board. Applicnnt/Project Nnme & Tax Map # Amount Check Date/No. T e Authorization Code Fisher Orient Subdiv. 15-8-1.1 $1,750.00 10/10/09 -#1734 ~~z,4 17 3 4 3$765. MAIN ROAD LLC rraoom~ 38785 MAIN RD. /a zoo9 ORIENT, NY 17957 DATE CCC~~~C/// ~J / LR S PAY TO THE~~~ C/~~ $/1 ~D ~ ~ ORDER F a ~ Enc. ~ ~l~- ~_'`DOLLARS e ~ .a qS q~ Bridgehsmpron Naponai Bank } ~/A_/ c.....e.. hr y~ 1 g ~'la aye r.o.. s. ~ I~Vi~^!k/'wV wxwDMpen~.m~ICIZ MEb101L{~' S Ihcl:~ v W ~ i .1 _l%~ I:02L406667C 08000i4060u• 734 i AeLr. tAE. Lu.E A ' NS'L iAx£ FM. FLR. N ~ vn ' ~ EL. 19 n lu °A~ Z ~ /!N F0.• 2 KJ O ~ lN•A"T, yA I III R Ill,~6 N IYl 141' I L// I ~p OF ORIENT 6Y- THE 8EA FY.ED OCT. 19, 1.11 F'E11 O. '~°Oe `y' IdJ r lea r u L.r. N ~ . " ~ ~ ~ axcrwp MArEWQ /J r'WC SITE a £+E E I- ~ LOT ~ ~ ~ rrrear ar£crzo AYs ~ O / ~ ~ CROSSECTION NEW SEP ITC SYSTEM ~p t ~ ~ I 1 - SETTIC nuw w • 4• LAOLO DErrH a : ~ I /sf s ~,A 2- LEAasn~' Pori e'I • s• aEPrN vN'' 3 ~ ~ ~f KEY MAP ~ ~ ~ I~~ TOWN OF SOUTNOLD ~ > scALE~ soo• ; ~ N 11' 1•' 00" E 1M.11' "C wr[ TYPICAL PLOT PC AN P (NOT To SCALE 1D70W D ^r ~ 117./1' , O \ QIAD O p E H row FE N q' OQ' ?0" E Tri A'G< ~ ~ ~ p oMr LM x~ ,__?-r -r So4~ THIS 1$ i0 CERTIFY THAT THIS $UBDIVIS/ON PLAN HAS SEEN _ 0' ~ G I„ gPPROVEO BY THE PLANMNG BOARD OF THE TOWN OF SOUTMOLO Z Q,,£ ~ 6 ~ lo'N t ~I y ~/}r RY RESOLUTION 4PPROVAL DA 7ED ~ p` rrD 4r aAt£cnt : i ^ ~ I O I • ® m n - rME ® J ® 6• p u£rp Z BY Dd 7E q~' • F ~F"~i mll rrNE o(re0 % 'E•r 4y~.P. - - • /~~-.J M fNdIRMAN, PLANNING BOARD m~ p NoO~ `0< IN r FR. BARN Rr ~(ryAppOVE01 b IT T • MT O v a. PROP. r STrZ 3 ~ O 6 IAE LE it1 ~ HSE. N ~ u a I \ f~ J IE~~~ J SETT.C TIIK 8 rA~ AEA' ~O ~tt. a g "`H - A' .re Z 4 C ,,,,qq ~E"'~'°0L SUFFOLK COUNTY DEPARTMENT OF HEALTH'SERVICES Ir•° Om•, s oECxe IATEIt dxc 3~~ - M" LFA p ~ _ "rA , HAUPPAUGE, N. Y. _ oA• ©Jp•r 'pY o OI^ FA. Y ®rAC ~ D T p r rE ~ r Kc q? ROAD ~ DATE IL b A ~ Z ~Nd ~ao•r ®rrE \i'~ ~D A O ®A•M f1r. H-E fY\a lY'£ •N•f • p z~T O Ir E 1C N- £ t iM5 I$ TO CERTFY THAT THE PROPOSED REALTY SLBDIVISgN OR ® ~ rrAa ® r H£ DEYf1CPMENT FOR N TIE 1 S• D MM ® d WITH A TOTAL OF LOTS WAS APPROVED I I Q ~ ICA \A. ~ yA ~ ON THE ABOVE PATE WATER~LES AND SEWAGE gSPOSAL W $Q~ ® S FAC0.1TIE5 MUST CONFORM TO CONSTRUCTION STANDARDS N EFFECT w I 333 N ~c ~E eE Tog Ar THE TkE of coNSTmxrrorr Afq AAE sua~ECr ro SEPARATE 6' T Id p'A ® ~E d \ / A ' PERMITS PURSUANT 70 THOSE STANDdR05, iM5 APPROVAL SHALL W ~I 3 ~ ® .i ~ BE VALE ONLY M ThE REALTY SUBgVI$IONIDEVELOPMQJT A41P I$ y ~ r r E ,d ® it V~ t~ a DULY FRED M7TH TIE COUNTY CLERK N7TMN ONE YEAR OF T/1$ DATE • W [f ~ ® ® I i10 l bq. CONSENT IS HEREBY GIVEN FOR FILMG GF iHS MAP ON °1101 iM5 2pi H d ~ 1 , aW `Z• \ M AOCCOAO NCE N1TN PROVIS70N5 OF PUeLK 1£AL7COIN LAW AND ~ r~ a;t ~j, i { 4 ®•d~ ^5` ~ THE SUFFOLK COUNTY SAMTARS CODE. _afT'~,flH d' 'r,p~ \A.P ® ~ y1 h~ Test BorM w i I" ire u~~-~ I N l/ 5 R ay /A~arrou9ca c~osc,ENCE ~ J ~T O ®Ir C _ ~ w £ ~P~/ C,. 0' EL 12.5 OAiECTOR, DMSION OF ENVIRONMFMAL QUALITY ,.y~ ~ ~ e, r l DARK BROnN LOdM W W ICE - _ N•T iso: ~ `J` ~ JIJ/r/ OL y0 -lu.n'_ qA~ e. ~/l/ ~ I BRUWN SILT OL ' 8 OJO•T ~ ~ q0 I ~ rq• t a ~ O b`~ \g° COARSE SAMOOSW . ~ - r ~~ire ~ d\ ~fi'~ P S~~ EL CI I HEREBY CERTIFY THAT THE WATER SUPPLY(SI AND/OR SEWAGE DISPOSAL E~p« ~ VI\ II.4' SYS7EMIS1 FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION III jrT O r ~H ~ ro T ~55Q°°~5 ~ ~ ~ s~HpTRSE SU°FFOLKWCOUNTYODEI'ARTMENT OF°HEALT HSERVS EDS~ CON TRUCTIO THEAND ® ~ ° ° IB' STANDARDS !N EFFECT AS OF THIS DATE. Irr ®Ir ~ / ~ , ~ Irk ~ 9A\,./~~ ~ ,"•T ®rrr 2 ~ P° ZONING DISTRICT R 40 ••r ° PM` °F FIRE DISTRICT -ORIENT #25 ~e•T E ~ \~\2o~~,P"' FINAL PLAN SCHOOL DISTRICT -ORIENT #2 ~ ,r E . 5 o _ FISCHER PROPEI i T Y I hEREBY CERTFY THAT TMS SLBgVISKKI PLAT W _F ACNAL SURVEYS COMPLETED .1LACTH.17 ALL h • {I- \.\'fIOP SHOWN IND A'LADMENSKxlS INDT ODETIC ? i~~~ 1s woe.. ° \Re~~\ A T ORIENT -o,.: E~ • ~'j0~ TOWN Of SOUTHOL D T. MErz , , LS. LIG N . ~ 6q SUFFOLK COUNTY, N. Y. ~ , 1000 - 15 A~ 09 ~ 1.1 ~lr a.+N' ~F"`~• • o' la rr - w 1°r SgNFICANT TREES UTILITIES e~ ELECTRIC APRIL 12, 1990 TELEPHONE E • EVER•~EN , CABLEVIS/ON Dec. 7, 2009 ~ ~y~ OAS Jon. 14, 7_0/0 (frees) c-cEDrR SEPT/C SYSTEMS Marrh .'6, 2010 IaddtHOnsl r - NoT !DENTP7ED PAlVA1E HELLS Aug. 5, 2010 (revisions) H • HEIGNT+ FEMA FLOOD ZONE X D^I- 31, z~.o toddlAansl FF_B. 2J, 2^~~ 'ndA+•IOnr' ELEVATIONS ARE REFERENCED TO NAVOBB , AREA ° 1.6682 AC/BS The locations o/ Wells and cesspoo/s ~ ~ ~ N.Y.S. LIC. N0. 49618 shown hereon are from lield ohservatians ECONIC 5 RGEYORS, P.C. ANY AL TE7A TAON L1R ADDITpN To TITS SU7VEY I5 A VpLATION and or !ram dolo ob/ained /rom others. (6311 765 - 5020 FAX !6311 765 - 1797 aF sECTAav 7209 OF Trr NEr YORK STATE EDLCATIpN LAW. TherelOre (hair /ocolions and or existence EXCEPT AS PfR SECMNV 7209-SUBD/VISION 2. ALL CERTE/CATlONS ' P. 0. BOX 909 HEREON ARE vALD FDR TIWS MAP AND COPOES THEREOF OMLY rs not g4aranleed. 1230 TRAVELER STREET 9D_I 70 wHO5~5AiGNA~URE APPEARS MEAEON`~. RESSED SEAL OF TrE SIMVEYOR $OUTHOLO, NY. ll971 d~ - ~ illy IM LANE/ 1 HsE. ~ vE.r . ~ FW. FLR. EL. l9 ~ N~' ~ ¢ ru rWa WIIAOE ¢ lee 2 ~ I i rti•rrr. YAt I'~ ¢ n~lmrr¢ ll TFri1 ar O Ell C ~ fBED pOT.79. 1011 FLLE NO. ~ E 1P00~" Elao Eu Ll. Ir l rArE e'r ~ YAP Of OpIENT iY TNf aEA1 9111 u+ rye la! sv b • / i N~ ~ oVOIIO MAIFII EL IJ wA sl rE ArE yA ~ LOT ® \56 ~0 / g? ~\\\IT rwrESr eoECrEO l,~.s ~ \~/,~I O°, ~ V CROSSECTION NEW SEPTIC SYSTEM F o~ ~ ~ 0 / O\ I • SEPTIC TMK GY • 1' LIQUID DEPTH I 2'0 O ~ ~ 2- LEACrWNC POOL5 b'I • 6' DEPTH M'~ ~ y O Q I ' \1.625 / I 4 l A I KEY MAP ~ ~ ~j ~ ~ - TOWN OF SOUTHOLD scALE• r• Boo' N 11. 7B' 00" E 111.7I' rc..rx AREA ~ 10,007 s4•lI. P l 0 ¢ IxA O)~' E D ~ ~ YOM I Ft~Eg9N N 191 D6' 7D" E FENCE 199,11' CW~ Z 'A AF 0 !JY Cl4W LWW ir- . fYy' ~ I G a ~~I V ® ~ Fes: ar an.EOAYC 'f, ~ ~ ® ® 0' m Y Z ~ 8 YEre~E _ I FFIOPE~VI ~ ~2 lo•®e `~ti % .>:.r ,,N,,VEU FR. BARN 0 I, ~ 0( rH P " WsP~~ !IMPROVED) o rs• T 0u•r ¢lu O v 19.~~~HSEP.I 5T1'm ' 3 ~ Z al ~ L ~ ar r.,a ` •w 0 a "re 3rt8 \ SUFFOLK COUNTY DEPARTMENT OF HEALTH'SERVICES ® ®re•Wr O OIW,r °i'"`s dY 383 ,.-v \ hAUPPAUGE, N. Y. /f' _ ~ 01' ©SO•r r3• • ~y01• O ply fe Y ®I•~ lr Q JO.i ®rN{ ,?•T St 1p ~ DATE r ZV. I Q I \ Ey I~ 2 r ~ ~eo•T ®rzE .oi ~O " ®rr "'Til•~M-E fY ro _ r2' M- [ r iH'S IS 70 CEOTIFY TNA7 THE PflOPOSEO REALTY SUBDI:ISION OR 031 i 0 ®12• E F ® DEVELOPMCNT FOR IN T:E It•Ap G yµ1 O• WI lH A 70 TAL OF L0T5 WAS APPROV! C 2 1 ~t• 1Y,A ~q Y ® p ON iNE ABOVE DATE. WA7ER 6UPPLIES ANO SEWAGE DGPOSAL W ~ ,,O 5a• ®E ~ G g5• ~ ? FACILITIES MUST ~:ONFORM TO CONSTflUCTION STANDAX )S IN EFFECT pp AT THE iWE OF ^ONSiflUCTIQ4 ANO ARE SUBJECT i0 SFPAHA7E W ~ OJJ~ i rq' A 0.00 ®9 d C p d 1~D / ~ Cs PEIUtlTS PURSUANT i0 THOSE STANDARDS. THIS APPRWAL SHALL W 36r ~ ~ r ~ C , d ® BE VALID ONLY 0! THE REALTY SUBDIVISIONIDEVELOPMG TMAP IS J d 0 ~ DULY FILED WITH THE COUNTY CLERK WI7HIN ONE YEAH OF Ti95 DATE Y T ( 4 rd ® I St y6 CONSENT IS HEREBY GIVEN FOR FILING OF THIS MAP ON 1'WCH TNS Qr`~ » h0~~ F YO' ® ® 1 ' i\D/ 6 ENDORSEMENT APPEARS M THE OFFICE OF THE COUN71 CLERK • b A .t L 5• : IN ALr,ORDANCE VITN PROVISIONS OF PUBLR HEALTH L,PI ANO I < to ~ ,dl~po~ ,O T r~ ® /~51 j Trsl BorM InE :><h~101_n couxtr snwtanv cuoE. B• '4n. ~ ~ Q. aF M~DCNALD c~usc/fNCE w~ Iy Leo"E~`t1` Is ~ li~ fz• un2rOV vRDA.MNEI y s ~ rJf n~~ ~ O' EL 12.5 ONECiOR, gVISpN OF FNVYtONYFNTAL WAl1TY ~ I Q ®lE'O Oy Lv DARK bH0•uV LuANI O.W pI•T ~ Y~~• V l~ ~ OG - _ h0 ~It'F_-_ul.o'_ _r.-• ,!,f ,9't ~ I BROWN 9LT OL l Q~ ~ _ PA1 r~K ~ ~ L y~ ay_ t ~ ~ ~ d [OO BROWN FIVE TO - 8 ¢IN p - ~ r9 \ cDARSE SAwr SW Z N, \ C~- fKE• PO W I HEREBY CERTIFY TMA' THE WATER SUPPLY(S) AND/uR SEWAGE DISPOSAL T 000" ~ rrA /1 / O VI\S 1. fL fl _ I STSTEMISI FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION 0 p•r ~ prrr ~~i ~ OOVS - ~TSo~ GROUND WA ERNCON01 ilONS~ALPLOTS ASGPRO OED CONFORM1701TMEAND i Olt ~ ~ E56Y 'S'•~ 5W I SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES CONSTRUCTION ' i ~ 1'E ~ ~ ~4 L la' -----iii STANDARDS IN EFFECT AS OF THIS DA iE. Irw ~ A>A~/~,~ ~ i °f ZONING DISTRICT R 40 ~ ~Irn ~P`~ FIRE DISTRICT -ORIENT #25 ~r * a,•a: ` ~,o~ PRELIMINARY PLAN OF SCHOOL D/STRICT - OR/ENT #2 FISCHER PROPEI'? T Y I HERFBr cERrrY trot rrus suegwsloN Pur rA5 MADE FNUM AcruAL suRVers couPLE7ED troy ALL MoNLWENrs j' - SHOWN THUS Y ACTUALLY E%IST AAU 71EN POS710N5 ARE COHREC7LY r SHOWN AND ALL DEfN510N5 AND GEODETIC q: TA15 ARE COflRECr as ~ ~ ~ A T ORIENT /f~ a TOWN Of SOUTHOL D T. MET: L.S. LIC. N0. ,96W B•• SUFFOLK COUNTY, N. Y. , 1000 - 15 - 08 - 1.1 Sca/e 1" 40' • o' IO' zr w• lar S/GwFICAN7 TREES uriunES ~.rl= I A • APPLE ELECTRIC APRIL 12, 1990 B • ter" TELEPHONE E • EVERGREEN ~ OF NE Y CABLEVISION Dec. 7, 2009 jyp ~R~PIFE •~P~ W O cns Jan. l4, 2_010 (lreesl bCEUAH 5 az,raer2 'pt SEPTIC SYSTEMS March 26, 2010 /oddinons) r -NOT IOENTFIEO pN' CF. PRIVATE WELLS H . HEIGHTr FEMA FLOOD ZONE X * ' ~yp~4~P ~ y' fi 4--` {II la ELEVATIONS ARE REFERENCED TO NAVOBB //!~~r ~ N.-;~~~-'` ,r The locolions o/ wel/s and cesspools 4f1/rk ~ '~r '~Yggg~&' 1496/8 AREA = 1.6682 Acres shown hereon are ?om Geld Observchons RECONIC SURV 3.41hTJ6'' ANY AC 7ERATNAN OR ADDITION TO THIS SIXYVfY Is A vKALA TNA4 and or /rum d0/u GblUi Ted burn OIbDrS. (63/1 765 - 5020 i 765 - 1797 OF sfCTION 72D9 OF n,E MEW YORK STA rE EDUCATNNV LAM. TherelOre !heir lOCahouE onA or existence EXCEPT AS PfR SECTION 7209-SUBDIVISIONc. ALL CERTIFICATIONS 1 F. U. BOX 909 _ HEREON ARE VALID FOR THIS MAP AND COPIES THEREOf ONLY iS nOl quo/Onleed. 1230 TRAVELER ° REST 90_~ 70 WHOSE SIGNATURE APPEARS REREON~• RfSSfD SfAL OF THE SURVEYOR 60UTHOLD, N. Y. 13)I 2 ~ MAP OF ORIENT BY THE SEA FILED OCT. 23, 1981 (/34440 cn Q h N~ ~ I LOT B5 `5y ~0 ~ °m ~ . o ~ 2,00' E' ~ / o\, ~ O ~ ~I l TOWN OF SOUTHOLD o\ r+~ N 88' 28' 00" E 114.21' i Y FE 4.7'E AREA = 10,007 .sq.lf. . rr+n .p 107.E ~ Sn 1ON I FE N 88° 05' 20" E 183.89 Pig. Q S + ~ . ~ 1.! E CNAW\ __.-n LWK ` F~CE ,~i - it-~. 2 3fr Z ~p~ ~ 8 iND i I PIPE If.3 ; 4YA' _ le~ Rl ~pVEI ~a~ ~ ~ I IMPRO EO! o L l?T~ PROR 1 STYv 3 ~ o HSE. ~ ,L cnW Y • '6~ Pa i10 0` i C SA 4Y.3' ~ ~{t.• ~ O O ~ • 38332 • DECKS _ 0.1' - • 12' b ,5£ O ~y 2 Q{t' W I ~ 333 s q 20, ~ ~o ~ GAS _ - P~` o~ 25 ~ z 5 1J 5 R. (y I y. X W ~yf d 9_.i / ~pW" o 9 ~a a ~~~UV~ n ll t~9 ~ ® ' , \O a _as_ O ~ t I 2 O P L SEP l u 2009 ' Scus.o'.~ T -m I+ k~V' S ~a P~~ SURVEY OF h q PROPER T Y ~o°°e A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 15 - 08 - 1.1 Sca/e 1" = 40' April 12, 1990 CERTIF/ED TO = OCT. 17, 2005 (additio.~rif) SECURITY TITLE d~ GUARANTY CO. NOV. 29, 2006 (RECHARGE BASINJ SOUTNOLD SA V/NC3S BANK ,~~ARCH p00e mmvEwAY~ DANIEL F/SCHER ,/uNE re, 2008 (REVISIONI NANCY F/SCHER JIRY /3, 2009 fShED! ,~~OF ~Eyy ~7AJ~`~^c~a.nRli1Y S~P~~T. MET y0~' ' ~O'~ ~OF 9- ANY ALTERATION OR ADDITION TO TIWS S(N~VEY /S A V/OLA170N L//7 /v; O ~ U ;F ~p OF SECTKW 7209 OF THE AE71' YARK STATE EDUG4TIAN LAW. ~ Mme EXCEPT AS PER SECTpN T209 - SLBDiMS10N P. ALL CERTlFIICATIONS HEREON ARE VALp fOR THIS AIAP AID COPIES THEREOF ONLY 6<' ~ N ' 0. 49 /8 SAD AIAP OR CAPES BEAR TI+E M°RESSED SEAL OF THE Slp7VEYOR WHOSE SIGNA TCAf£ APPEARS HEREEOK ECONIC U O~ (63/1 765 - 5020 ~ 797 P. O. BOX 909 PID SV'^ 1230 TRAVELER ST SOUTHOLD, N. Y. 11971 - 90 - 17~ O MAP OF OR/ENT BY THE SEA FILED OCT. 26, 1881 FI~44 O. Q LOT 85 ~ I ~ ~ I I Q ~ ~ ~ TOWN OF SOUTHOLD N 88' 28' 00" E_ _ 114.21' ~jg~~ ' _ 7•E \ FND FE 9.0£ FNO I • i 186,88' MON O.PN y MON FE N 8B O5 2O E f ~ Z FENCE OV N ~ ~ SS.~_ QUW LWK ,.-,-e-ii-„~ FND * i o ~ N FND _ # Q GIP N FR. ~ ~ 4P.T GHPyE ° SNEA ~ ~ ~ ~ 1 STORY o W ~ V ~ IS?~ ~ FRAME ~ 3' ~ A a N5E o 2 ~ O Pe rro 9 ~ o o ~ ~ ~ c rn ~z.a• O P sw Pei ~ pFrres _ - 03' ~ _ - C rR. r ~ it p ° _ 3 3, = f d' ° I o, \ W ~ Y hq' n X90' Gi ^ 9 ~ f ~ . Od Q~i ~ 1 ~ g 2 ~ o~pF P. ~ s ~ 5 ~ \O - ~ _ as' ~ Z ~ P R ~P`~ SURVEY OF PROPER T Y MON AogOg A T OR/ENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 15 - 08 - 1.1 AREA = 1.8882 acres SC8/@ 1 = 40 ~ ~z, CGS 5y ><f ~ April 12, 1990 CERT/PIED TO : OCT. 17, 2005 (additions!} SECUR/TY T/TLE 6 GUARANTY CO. SOUTHOLD SA V/NCiS BANK DAN/EL f/SCHER NANCY F/SCHER 4~~f NEW y~~ METI / y~P fat C F-"/ O is a$ Prepared in accordance with the minimum ~ O. 48818 standards for title surveys as established by the L.I.A.L.S. end approved and adopted PEC N! C. for such use by The ew York State Land (861) 785-5 1797 Title Association. P. BOX 1260 TRAVELS STREET SOUTHOLD, N. Y. 11971 90 - ~7~ vi ~ MAP OF ORIENT BY THE SEA FILED OCT. 23, 1881 FILE NO. ~ \ 0 h 3444 cn m ti ~ N ~ ~ LOT B5 5y 00~ 1 _ ~ om o ~ 0. 6• ~ o\ o T 2 ~ •52~ s~ o` a 'N 62l / ~ N 88' 26' 00" E 114,21' ~ I / TOWN OF SOUTHOLD FE 4.7E AREA = 10,007 sq.fl. ' fND O ~ S 107.08' y wow I FE N 88 ° 05' 20" E ' 189.89' \ aE ~ IV v Y.5'N y. Z ~ W ~ Awe # ~(pp• ~ ~ 5.5'E CNAIN LWK \ FENCE! _~-~r-nA~~ ~w tPj g# FNO ~ c FND ~ p P1PE~ N i ~ ~ PIPE 12.3' o ~ m SHED ; ~ ~2A' AVER m' ~ FR.. EARN 5? o(IMPROVED/ b PROP. I STYp 3 v HSE. fir cm/ ~S~ ra troy o ,e.r i ~,0 gQ~t, ~ .o DECKS Q g8, 32 _ ~ 0.5' ~ 3 o Fn. s , 2 ' ` 1 w ~0~ 5A{t' . W I~ 36339 ~ ~ ~~°g5 Y 4 ~I w ' , Oll o ~ 20, ~ _ . ~ n~ GP` o ` `S~r y ~ I pi~N~,P s ~ ti ~ p ~ "D 4 v,?-S~~Ya Jr ~1~ r y ----Nl.o'--- tst i - - / ,a 9 tea' Q ~ 43_ ~ a~ O \ ~ Z ~ P R 2''k\`, P`~ SURVEY F ~ O MON ~oy ogl _ PR O~PER T Y A T ORIENT ' TOWN OF SOUTHOLD ' SUFFOLK COUNTY, N. Y. • ~ooo - r~ - os - > > Sca/e 1" 40' CERTIFIED TO r AP~~I ~ ~2, X990 SECURITY TITLE ,&..CUA(3ANTY CO,._. OCT. 17, 2005 (ad~tronal) SOUTHOLD SAV~NOS BANK "29x'2006 (RECHARGE ¢ASIN1 DANIEL F/SCHER MARCH 8~,,~~ /DRIVEwAYJ NANCY f1SCHER duNE (REV/SIONI ,~EOF NEtNr 5~ n~Frz~°~,~ U F~ ' e ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION ~ ' x OF SECTION 7209 OF THE NEfY YORK STATE EDUCATKJrV LAW. EXCEPT AS PER SECTION 7209 - SI~DIV/SIGN 2 ALL CERT~ICATIONS IEREON ARE VALD fOR THIS MAP AND COPES THEREOF ONLY ~ < ~4 6IB SAD MAP OR COPES BEAR THE AIIPRESSEO SEAL OF TFE SURVEYOR _ . . 8 V- wHOSE s1avATUaE APPEARS HEREOIk CONIC U Y (63/1 765 - 5020 - 1T97 P. 0. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 O /1 17~ rpr/ L,i --LI~ NSE ~ FW. FLR _ LJ.E 2 EL. /y N vFN - - a IL fiF elAl! d ILf I ft AA i- - O O '"f"'n.Axr rrAt axe„~rrnx rYL1 I " I MAp Of LifdIENT iY THE 9EA fY.EO OCT. 29, 1DB1 FILE NO. ell xx - or rA,` 911E ~n m ~ IDra~ I Ali elm e u xr Ir ~ b N i" ~ N ~ ~ et01.r0 xAINI EL IJ ~ - _ _ - ~J LOT ~ 156 ~0 ~ ` T I,vrsr orrFC>m r~ SITE ~ g nrE ev O ~\"^I E. ~ o o ~l \\VI CROSSfCTION NEW S£PTK SYSTEM ~ DAV IBS I 00' 9\, m 1 • aE>rnc TIN[ n • r LADl.D Df/TN ^ 2 u I ' 62'52' o ~ r LfAwas Paas sv • s• oFrrN y- n ~ t / I F KEY ,4fAP~1~ Z N 11' 21' 00° E 1N.2N _ I TOWN OF SOUTNOLD : $ _ «an AREA ~ 10,007 sq.Il. scALE~ r- soo~ < ~a IL IDZD~' E D h 1°' ~ F~FJN N 18' Ob' 20" E 18499' ` N4 Y'iF~ - 0 ~ 2~ ~l.xT fILUM LWn F[MiE _ i ~ 1 2 ~•N ~x-d ~ \ FW t IcMF as.9 ~ 1 G fN0 .V~ may} Ol aaE[IAYC y' e - _1® ® ® 9 9Ct i t tp• n, V ' FR. BARN ~ 4Ti~ or IMPROVEDI o 1 SIT B O v - it! PROP. 1. ST t!~ Is• i ~•1° 6 IV ~ i NSE. ai ~ ( t= _ ~ pl r0 \ rr w .kY la•e 2 5a o A ®orr¦. pnv Orrr °Ei`s g33 rw •o SUFFOLK COUNTY DEPAR7MENT OF HEALTH'SE3VICES m~ ~ Yx•r ,E-,, 3 ffdr HAUPPAUGE, N. Y. rxt ~ p ~ O ,O/K 17 a fA Y ® r giv [ Ir ~ ~ - GATE _ , 2 Ilr ~~ds'r ®rYe t J '6 rY. O u~rr[ td~ - IY x ®11' f~- ~ ~ ® ®II' ~ M-E 6 QNT ~ F 1 Q IY E rYA C ®rz H- E t THS IS 70 [ERTFY 7NA7 TIE PROPOSED REILTY SUEOM:;ON OR W ~0~ Ayt 9'N-E DEYflOP1ENT FOR - _ M r'fE ~T` rz•A tX ~ ~ / O' 11'ITH A T07nL OF LOTS xAS AfFROVSD / ~ ON TIE ABOVE DATE. MATER SLPPL ES AVD SENA.E Cl'PCSAL 5 I 6 ®0 f 9h FACFITES MUST COIfORM TO CONSTRVC r'ON STI^~'CAr~JS N ETFECi J ~ GT ~tx'i td ttD,~~9 Et4 V' 1~0~/~ ~ AT RE TIf OFCON5ifM11CTpN AtO IRE SIAJFCT 70 SEFpn'?iE W 3 ~ ttE d A ® 7 B~LD ON.Y NTTHE REALETY BIINX'nSION/ EVELOP FN TLM~ 5 Y I'y. T , / 6 t0 ® A'~ ~ OILY FLED N1TH iNE Cd1NTY CLERX NITHN ONE YEAR OF iLJS DATE ~ ~ d ® ~ ~ ~C CONSENT 6 fEffBY OVEN FCR FLllG OF 7195 lUf ON NNCH 7hA+ E~ •~y ` O O. - ~ A t ~ 11 EIDCRSEAF-NT APPEARS N ilE OFFICG OF il£ C0~'4TY CL/RX / ,,,A- - _ ~ tj N A[CIXNANCE Mi7N PRCVI~ONS CF PU3Lr HEA1 rH LPY A'N I , - ~ c - THE SUFFOLK [DUITt SINITARi ~_:iE. WLp,, 1' ~ ~ ~ D r~~` DT dreLGNA..O ~~l' :('IFN[E Q j Q ~ M!' F } ' 6 ~t Ev 1 DRECTQP, DI'nSYJN OF EMi:dOlft"_ V; AL Or'ALITY A' V oA~.( 3r;J ~~,v LOav ti3 IIYF H-r ~ t~ ,J t ~ OL yp Ro _ O~ f • ~ t ~ ~ B VVN 5/LT OL 0 > _t9_ ~ x, tM / 0• GJO BRO NN FINE 'J I , _Z _ EI r ~ . ./Y x +t ~3 F~ O to 1 coa:rsE soot sw I _ ~ i~ _~O 1SN ----J EL G I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/0R SE'NAGE DISPOSAL ~FrT OO-T ~ \,Ej ~ 114 - WATFRI4-BRDwN SYSTELMS) FOR THS PROJECT WERE DESIGNED BY ME OR UNDER MY DIkECTION BASED ON UPON A CARETUL AND iNOROUGF{ STUDY OF ThE SOIL, SITE ArlD Ir r p r OI er'+T c5P0O saNOTOSw°" GROUND WATER CONDI710NS ALL LOTS AS PROP ~ n n, .v, 70 c Ir r Y~ ~ 1 ~ ' 0 U~J I9' ~ Sl1FFOLK COUNTY DEPARTMENT OF HEALTH SER~!CES CONSiRUC TION P II r ~O d ~ ~ STANDARDS IN EFFECT AS OF THIS DA iE. ~ •wF 2 , r I,r: ff MAP OF ~ OPEt?TY _ FISC~-lER PR A[ ~BBfgVEYS COIPLETED :et~T1AT ALL 40.41.MFV75 f304 IO` ~ SFDxN THUS N ACNALLY EXIST AID T1EM POS iIONS 0.'+F CORRECTLY 0, YS ~ T ORIENT SNOxN AID ILL OiAEN510V5 AID CEOOETIC OETALS A.ff CORRECT • TOWN OF SOUTHOLD r. MErz lB: L14 ND. 4308 6. S_ UFFOLK COUNTY, N. Y. 1000 - 15 - 08 - 1.1 ' Sca/e 1" 40' ' Apri! 12, 1990 SDN°IGWT TREES , Dec. 7, 2009 JAN. !4, 20/0 Ilreesl WP • 11l/E P!E OF NE c- cfaAR SPtE W r r - nnr DENTFm y ~1 rr;r o FEMA FLOOD ZONE X N . NEXxYTE O~ tti"x 2CT~ ELEVATIONS ARE REFfRENCEO TO NAVDBB I a?~Fic _ AREA ° 1.66e2 Af/BS The 10001ions o/ wells and cesspools dry N . 618 ANY wTEB,I TAON OR AOpTXYI To rH5 sLARVfr is I VIOLA rADN shown hereon ore /rom field observations ECONIC SURD OF SECTION 7209 OF T/E hE11' Y[YPK srI TE EpKw TqN LIw. and Or /rom dOIO Obtained lrOm Others. (B3I7 765 - 502 t - 1797 EXCEPT IS PER SE[TIOW 7109-SLDDIVISDN 2. ILL CERTIEICI TIONS The/e/O/e /hei/ loCDlions and Or eXislenCe RfREON IRE VALD f0lt THS AuP IAD COPIES TN£RfOF ONLY ~ P. O. BOX 909 rF SID MIP OR COPIES BEIR TRf AIWRESSfD S£IL OF TIIE SURVEYOR is nal queronleed. 1230 TR4VELER STREET 90-170 w11O5£ siGNl Turf IPPEIRS RfR£ON. SOUTHOL D, NY. 1197/