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1000-64.-3-3
KEY MAP (FINAL PLAT OF JOSEPH & ]HIEIDI ]BATTAGLIA aOPp SCALE 1 " = 600' SITUATE R L SOUTHOLD `No+ME wf '"�s�£ ARPi20VED BY TOWN OF SOUTHOLD $° 6 BE PLANNING BOARD SUFFOLK COUNTY, NEW YORK $ 'P TOWN OF SOUTHOLD S.C. TAX No. 1000- 64-03-03 ,m SCALE 1 "=30'DATE MAY 28, 2008 s s° '-rE \ JULY 10, 2008 ADDED TEST HOLE & PROP LOTS r o ymc� Gs ,_ VV QA FEBRUARY 12, 2009 REVISED WETLAND LINE , Town Of APRIL 18, 2009 REVISE MAP Southold n __ JANUARY 10, 2010 REVISED PER S C D H S NOTICE No. 1 GIBE Covenants&pestnoGone S -------------- - (NOT -""'- FEBRUARY 12, 2010 LOCATE 2 PINE TREES TO REMAIN R��PAG P �y mgo4< JUNE 10SEPTEMBER010 REVISED30, 2010 REVISED NOTES NOTICE No. 2 Debt 2- 71 \ T m G CS I OCTOBER 17, 2010 LOCATED EXISTING LIMIT OF CLEARING ON LOT 2 nZfi, & VERIFIED TREES AS SHOWN HEREON TO REMAIN 9° AUGUST 1, 2011 REVISED FINAL PLAT PER PLANNING DEPT. LETTER 06/14/2011 G`nF F�F'� m ,Tf ° �,� � 1 TOTAL AREA = 101 ,022 sq. ft. CA ace \ \ (TO TIE LINE) 2.319 do. S3OVl\'L�'L1S9gbiH3C-1 '„J'-�=(1S 2 LI \ ate'\ UPLAND AREA = 94,481 sq. ft. E E187 9 � 5 dgIRIQIGRCl 2•U O \ WETLAND AREA = 6,541 sq. ft. St�eOVc�P.GEe� �I x \ o£�`r' \I �\"e OWNER: JOSEPH BATTATTAGLI LIA `I `nes I L 1 \ \ 281DI WILTONROADNO\I 2 S 211 1 1 COLD SPRING HARBOR, NEW YORK 11724 1 p1�o 11 Iy�9 s \ Ne, 9 I GTN°� O. P 1 I M CF, \ W� Ln so Wa SIDE \ o L11 - \ `„ NOTES. < �q o V1Nt \ m \I x I'. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:s.B \o ° / \ 1 1 I \$m Sam EXISTING CONTOUR LINES ARE SHOWN THUS: -- - - -10- -- - - P o \ \ \ \ ce! FFL - FIRST FLOOR ` pG c.FL, - cgsgcE FIaDR NO.T9 > I °Z T.W. - TOP OF WALL I \ \ \ I 1 rap £ �iC By - BE BM OF WALL 2. THIS PROPERTY IS WOODED TO THE EDGE OF THE WETLANDS WITH OVERGROWN LAWN AREA AROUND HOUSE. �J /'� /Q O�m / '4.J' \ �P �'2 �` `�' \1 6'� s 3. ZONING USE DISTRICT: R-40. T 1 PI Cz 1-lj L PLOT PLAN 'lj�J sPx'azf"Z / 1 T DIT 1 m \I yl mF " x� Ey q� 4. DRYWELLS WITH GUTTER LEADERS TO CONTAIN RAINWATER RUN-OFF SHALL BE INSTALLED FOR fib a, L 1 'Z 4 h \ £� G ANY FUTURE DEVELOPEMENT OF THIS SUBDIVISION. (NOT TO SCALE) ° C\ I / a I \ 43,213 Si ft. TOTAL r / /{a= I ( f to 5. PROPOSED CLEARING LIMITS SHOWN AS AS OUTLINED IN SECTION 240-46(C) OF THE SOUTHOLD TOWN TOWN CODE. 41 ,273 sq. ffI UPLANDIAREA cTl \ / °,y � C] �j 6. ALL EXISTING STRUCTURES HAVE BEEN REMOVED FROM THIS PROPERTY EXCEPT FOR HOUSE UNDER CONSTRUCTION ON LOT 2.. PRDPERIY LJNH l , x>>f 1,940 sq. ft. IWETLANDI AREA / I a \ ��` / v5y 7\ ALL EXISTING TREES AS SHOWN HEREON ARE TO REMAIN. (PROPOSE CLEARING AREA 20,616 sq, it (50% OF JPLAI D AREA) n �� r y'niAa /�' Fns .(� a c � \\ ape I II \ \I EO ( 'r ass \\ L wx �. I 4 �P \ I oa"C P p \ \ 1 \ \\ Zi. I I \ a°P�o \\I % x�-� fj ALF ,axx°P�\I \\ �Tr HOLE i 's A LN If \ `•�' /`� PERPENDICULAR TO SLOPE \ 2 1\ I 11 �O9 x� \ \\ Gf y¢aH \ g //, TEXTURED BROOM FINISH 8 ,4 BUILDINGa°O • \\ f •�,� / x r^s� �' \I \ o. \ a E % 2 s y IND n >c i yz �j '7- \\ G^o C \\ 1 s wRIPPOPEN cNot reArVEu •� O i^ itssq/y osEPnc CID \ \� \a P�� i°�, A I (IFP»q:Nj q 'Lo 1 ceF��' FIE I > TANK S. \ d: \ z \ y CD n H'cl '`ate m ce o o m 3 w. �1.dy,, \ \ as P1M0 \ y 1 \ m , $ \ *�,6r s9 < tDr� LFncHWc /' nD CAVE 1 1 @ 'mmmr� \ vy, mlaes r�P \ \ �\ \ OI F I mo T'Ro -12 MIN, ; POOL S�Oo VttAtt oP'� I x,zs I / �R] Fo , et' o�1 \i up ROAD20/S �$ \\ x// 0� / \ \ B B S7A 3�S \\ / / a ON ez x�eS ° S 201-0" TEYXalcnsoN Jowl Air, usiPLAN %?m\�� �� / I ] °$ o FLOW LINE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES \ -k'>Ae '- \ \ \ \ ,C ° BEY HAUPPAUGE, N.Y �O a \ \ \\ as p�o� �\ \\ \ \ i \ � las ey s Al ExP. JT. 1 4 �� 6„ I A h- O \ x /lei ' �j� ? \ 4 �9\ v \ y'1*1, As is 8„ SIP 0 3 2010 `� fl Q \ \ \\ idot i� \\ NOE `oNsagRm� FP Data NOV 0 4 2911 r+P�.af!E O, Q, \ \�a �'fo�G�\ \\ ias\ x�a _ - - - - -roti-- '/ 9 \`�"'��-s SECTION B—B ,ryo� \ i 7 6, `� � A \\ 11. �8, �' \\ ss 2' 3' RAMP This Is to cerhiy that thee 5 pasetl Realty Sued imson or Development 11x" REVEAL far Vd �. He i in the 6 A6 \\ \ v , 4„ 6„ e o with a rami or 1 IAt wGB 6' 2 \ •o \ � x� Rjmsyrf/ // o� s ��� B" REINFORCED CONCRETE SLAB 2" 3500 PSI AT 20 DAYS MIN. ,proved on the above date. Water Supplies and Sew ge DlsposGI FacJlifes must conform to construction standards In effect at the are 8f(•6' l�. Tj- \ yt�{fa Za / ftINQ —y9�. �Od, \ x STEEL REINFORCED WELDED WIPE of canstrucLDn and are subject to separate permits pursuant to those Pw / SEA t MESH, 6'xfi" -Nfix�6 P COMPACTED GUBGRADE standards. This approval Shot l be valid only If thesu alit' bdihisu.n/ deeeropment map is duly filed with the county Clerk within one year \ ^ UVTt/oF // �� -- _ \\ \ SECTION A—A of this date. C.Leem Is hereby ov— far the film, of this map oa I hereby certify that the water supply(s) and/or sewage disposal systems) for this project a r \ / / ab — mm which this endorsement appears In the Office of the county Clark In were designed b me or under m direction Based upon a careful and thorough stud of /G \\ c°rdance wIF the pmvislons of the Public Health Law d the 9 y y p g y lo°a x �� / / / o _ _O h o Suffolk caany'lori Coe. the salt, site and groundwater conditl a as proposed, conform to the Suffolk County eosCL ti gym v.. / / / a° FgSF N,/a te - , tic> �� = so CONCRETE DRIVEWAY APRON Department of Health Services con ald'tr Ede A� In effect os of this date. as F ,r�oy ° °- - _ - --- - LOT `J/ / ) o��o� °,,.Mff e & J s ( ) ft. S �• z'�i;\ /8 yr 'ST" r; y.NT oR a• ° e NOT TO SCALE P T O e A \ 0 ° N i^ h4 0 57,809 s fk TOTAL / "a 6 o r 4/ —53,208 s ft. LAND AREA /�_ /^ l < T0 P fib s �e mvy ' Jr•,P.E. h .. u 9 / / N / / o (ht' ,� "a WaltaD flfok, •2 2>, w�, \ �q,B01 sq. EAR WETLA PJ.[� AREA (PR�P&SEd BCE 50% AREA AR,8 ��s4 k / / 4J T - 4 9ry. \ 0 SDR OF U/PLANO AREA) \4,\'' �!13 or Envlranmenml oumdy 6 I� �t� ) Y1 m IIS] NS° Oqk � ` \ x.zs / // ` 10 . sTgrr- �� S6 sx TEST HOLE DATA (TEST HOLE DUG BY MHOONALD GEOSCIENCE ON JULY 3, 2008) ELEV 12 r is (.` \ _ — °qTr P O�Lms MIECE RA Be k GRAVEL PROPOSED SEPTIC SYSTEM DETAIL Y °µ ° ~y rt'° x`�GocE° E0`�Ts,l" 1 —His (NOT TO SCALE) BROWN SIFT ML 79, rFGM,:,, 8°3 Aa fir., y� Qy�QJm\o Q QF' 4��J4��tr ] UL nE°e.RAOE N \sL 3'd] OJ ''x CN QCV ql 0� y 0 nxisx pIAADE / PRCCA$ flEINFDFEE° CONCRETE Lmax EAST ( ON Oc B. WATERTIGHT k INSECT Pfl°Of CLEV,]y]' �4 ,�, b 4 y BDPIEO 1' DEEP min. ] DEEP max EAST IRON CBVEA is GRADE FURTHEST LEACHING POOL �`35'Z2" 22 a++v$ A7� v\}Q0\C\ q'` �`pT7F\� =o' A aeovED°P°wE B„mm, MIN, n^JIo TOP EL ,s ID OF A 3 POOL SYSTEM `3 8z' w DO t'1\ 4 p't p� w g a PA6 BROWN FINE SP APPROVED PIPE [� l_ TO MEDIUM RANO PIi[HEp 1 1' TOP 11..yli PITCHED 1/e'/Y S A SET lu v !\ . GP u o ]' CLEAN WD \ ft' INV, EL INVERT Vim, m —_ coLUP A °G ST,k q�\,[f��^S TA I]o ELLS ,?x• BAW IE�T V] ax M: // wooeB JV VVED FELE •. � V` BW LAR°S dJ h� �so, �, oaoth WATER —��I eFto4ai /L ' StpF NEVy yo Nathan Taft Corwin III WATER INPALE BRGWN FINE SP ISG' -I coal Iii -I' ELCV AIEP �S j „j�p2 ���, get Soq�� - Land Surveyor TO EROU S1t VV SEPTIC TANK (11 ~ o 1 MINIMUM SEPTIC Uxx CAPACIPER FOR A 6 BEDBBOM HOUSE IS LSOO BALLONG - 4 C Successor TB. SCRUICy J, Insigne, Jr ITS 1 TANK. s vu s' E A DEPTH C� Joseph A, Ingegno LS. 1]' 3, WALL SHELL HOE A MINIMUM COMPRESSIVE STRENGTH OF ],OPO ' i AT OR DAYS ], WALL THICNHESg SHALL BE A MIHIMEM oP IN A TO THI To R SI B”AND A IEDTFOM THICKNESS QC Or 4l LEACHING POOLS (3) ALL WgLL$ BOTTOM AND FOP SIULL CONTAIN NINrOACINC i0 RESIST AN APPLIED FORCE OF ]p0 ptl 1, MINIMUM LGA DING SYSTEM FOR A 6 BEDROOM (HOUSE IS ADD aq 11 SIBEWALL ARG. q. Au JOlxis genu eE sGLEn sO THAT THE TAxx Is WATERTIGHT. 3 POOLE, DEEP, Iu Title Surveys — SObdiviSlOns — Sde Plans F COnntru727 Layout S THE SEPTIC TANK THICK OE INSTALLED AT LEVEL IN ALL DIRECTIONS (WRH A MA% TOLERANCE OF S1/C) 2. LGCNING POOLS APE TO BE CONSTRUCTED oP PRECAST REINFORCED CONLRRC (OP EQUAL) ON A MTIs C TA r SNIFF An I GF LLED COMPACTED m IN QR PFA GRAVEL Lucwxc sTRuciuRFs, sono DOMES ANv/oe sues PHONE S LOCATED AT 0 Fox MAILING ADDRESS 27 6 A lo' min. DISTANCE BETWEEN SEPTIC TAPE AND HOUSE SIVLL BE MAINTAINED ] ALL COVERS SHALL BE OF PRECAST REINFORCED CONCRETE (OR CDUAL). NDS OFFICES LOCATED AT MAILING ADDRESS 1, Amin oleiAHer MURNMEN LEACHING POLLS ANC WATER LINE SHALL BE MAIMAINE°. s Ax1m mm. DISTANCE eE1wEEN ALL LEACHING POLIS s1w.L BE MAixTAwED 15BB Main Road P.O. Be. 16 N.Y S Li C. Na. 50457 Jomesport, New York 11947 J°mesport, New York 11601 • • MAILING ADDRESS: PLANNING BOARD MEMBERS ��q SOUryo Southold,ox 1 79 MARTIN H.SIDOR ,�O �� 11971 Chair 4 * OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 JAMES H.RICH III a� (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI UNfY,N Southold, NY Telephone: 631765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Final flat Approval: Proposed Standard Subdivision for Joseph & Heidi Battaglia' Located on the w/s/o Hobart Road, approx.1,059 feet No Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, December 12, 2011, adopted the following resolutions: WHEREAS, this proposal is for a Standard Subdivision of a 101,022 sq. ft. parcel into two lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District; and WHEREAS, on June 13, 2011, the Southold Town Planning Board granted Conditional Final Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised October 17, 2010, subject to conditions; and WHEREAS, on November 28, 2011, the applicant submitted four mylar prints, 12 paper prints of Department of Health Services approved maps, and the Administration Fee in the amount of$2,000; and WHEREAS, on November 30, 2011, the applicant submitted recorded Covenants and Restrictions, Liber D00012677 and Page 017; and WHEREAS, the Drainage Easement affecting Lot 2 shall be filed by the applicant simultaneously with the filing of the Final Plat with the Office of the Suffolk County Clerk; and WHEREAS, the conditions of the Conditional Final Approval granted on June 13, 2011 have been met; therefore, be it Battaglia Page Two December 13, 2011 RESOLVED, that the requirement of the Storm Water Pollution Prevention Plan (SWPPP) pursuant to Chapter 236 on the recommendation of the Office of the Town Engineer be deferred until a Building Permit Application for Lot 1 is filed subject to the following condition: 1. Install and maintain a hay bale turbidity screen pursuant to the Board of Trustees Permit#7028 until Lot 1 is improved; and be it further RESOLVED, that in the event that the subdivision is not completed pursuant to the Approved Subdivision Plat and a copy of the recorded Drainage Easement is not submitted to the Town of Southold Planning Department within 30 days from this approval, the Planning Board's approval of the subdivision shall automatically be rescinded and rendered null and void without any further action of the Board, unless the Board agrees to an extended time period; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised August 1, 2011, 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. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encl. cc: Assessors w/map Building Dept. w/map CC# : C11-47803 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 EASEMENT recorded in my office on 12/22/2011 under Liber D00012680 and Page 293 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/22/2011 SUFFOLK COUNTY CLERK l� Gc drt,[. Q, Yaq ca_p_r_i JUDITH A. PASCALE SEAL iLIQ � Number of pages 20.1 Dec 22 O!,A}3:05 Fqq JUDITH H. Pr-CHLE CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all L D00012660 Social Security Numbers F' 2197 prior to recording. DT# 11-'IO382 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee 46 Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax i TP-584 h Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total z' ) 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 ,ial Affidavit • Mansion Tax Certified Co D The property covered by this mortgage is py �aQ or will be improved by a one or two NYS Surcharge 15. 00Sub Total 5S family dwelling only. YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 1000 Section 64•L0Block p3, DQ Lot Dd3 , 00 a 5 Community Preservation Fund Real Property pFoo� Consideration Amount $ Tax Service �� a Agency �) �v '� CPF Tax Due $ Verification � .� Improved 6 Satisfactions/Discharges/Release ist Property Owners Mailing Address RECORD&RETURN TO: Vacant Land PATRICIA C. MOORE ESQ. TO 51020 MAIN ROAD TO SOUTHOLD NY 11971 TO Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkeountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached GRANT OF DRAINAGE EASEMENT made by: (SPECIFY TYPE OF INSTRUMENT) JOSEPH BATTAGLIA AND The premises herein is situated in HEIDI M. BATTAGLIA SUFFOLKCOUNTY,NEW YORK. TO In the TOWN of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 111111 VIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/22/2011 Number of Pages : 8 At: 02 :43 : 05 PM Receipt Number : 11-0139747 TRANSFER TAX NUMBER: 11-10382 LIBER: D00012680 PAGE : 293 District: Section: Block: Lot: 1000 064 . 00 03 . 00 003. 002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $5.00 NO Notation $0 . 00 NO Cert.Copies $5 .20 NO RPT $30 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $120 .20 TRANSFER TAX NUMBER: 11-10382 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County GRANT OF DRAINAGE EASEMENT THIS indenture made this 14' day of November, 2011, by and between Joseph Battaglia and Heidi M. Battaglia residing at 28 Wilton Road, Cold Spring Harbor, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 located on the southwestern side of Hobart Road in the Hamlet of Southold, Town of Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Hobart Road; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13, 2011, Grantor received Conditional Final Approval for a standard subdivision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ft. and lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District on the condition that a 50' wide X 145.18" long drainage easement for storm water control be granted to the Town; -1- 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the southerly portion of the premises described in Schedule A. 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Road . The easement area for the subsurface culverts and/or pipes is limited to an area that is approximately fifty (50) feet in width as described in Schedule B. (ii) To perform such grading, excavation and the installation of such facilities as may be required for the construction, operation, repair, replacement and maintenance of said culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to approximately the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. -2- 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage. Restoration may include, but is not limited to, replacing affected vegetation. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 6. This easement shall be deemed a "minor utility easement' and the Grantor agrees that the easement area shall be included in the lot area (buildable area) and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 8. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. 9. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. -3- 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SEPH BATTAGLIA EIDI M. BATTAGL TOWN OF UTHOLD By: Sco A. Russell, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this I day of A vQw" k, in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA , 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 indvid al, or the person upon behalf of which the individual acted, executed the instrument. PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.456166,@ Commission Expires June 16,nlAl'A -4- STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this day of x-r , in the year 2011, before me personally appeared Scott A. Russell, 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 CAROL HYDELL NOTARY PUBLIC-STATE OF NEW YORK NO.01HY6189695 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 06/30/20 -5- SCHEDULE A ALL that certain plot, piece or parcel of land situate, lying and being at Southold, Town of Southold, County of Suffolk and The State of New York, known and designated as Lot 2 as shown on a certain map entitled "Final Plat of Joseph and Heidi Battaglia", bounded and described as follows: BEGINNING at a concrete monument along the westerly side of Hobart Avenue and at the southeast corner of land to be herein described, said monument being 1,059 feet more or less northerly as measure along the westerly side of Hobart Avenue from the corner formed by the intersection of the westerly side of Hobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly line of Lot 118 as shown on a certain map entitled "Subdivision Map of Founders Estates", filed in the Office of the Clerk of Suffolk County on May 10, 1927 as File No. 834, 145.18 feet to a point along the apparent high water mark along the easterly side of Town Creek; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following six (6) courses and distances: (1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet to a point; (2) North 74 degrees 35 minutes 22 seconds West, 73.82 feet to a point; (3) North 56 degrees 35 minutes 27 seconds West, 89.19 feet to a point; (4) North 42 degrees 15 minutes 27 seconds West, 63.27 feet to a point; (5) North 47 degrees 46 minutes 26 seconds West, 66.84 feet to a point; (6) North 22 degrees 18 minutes 44 seconds West, 40.90 feet to a point along the southerly line of Lot 1 as shown on a certain map entitled "Final Plat of Joseph and Heidi Battaglia; RUNNING thence North 58 degrees 56 minutes 00 seconds East along the southerly line of above said map, 223.87 feet to a point along the westerly side of Hobart Avenue; RUNNING thence along the westerly side of Hobart Avenue the following two (2) courses and distances: (1) South 26 degrees 25 minutes 00 seconds East, 105.94 feet to a concrete monument; (2) South 43 degrees 14 minutes 25 seconds East, 156.80 feet to the point or place of BEGINNING. SCHEDULE B ALL that certain plot, piece or parcel of land situate, lying and being at Southold, Town of Southold, County of Suffolk and The State of New York, bounded and described as follows: BEGINNING at a concrete monument along the westerly side of Hobart Avenue and at the southeast corner of land to be herein described, said monument being 1,059 feet more or less northerly as measured along the westerly side of Hobart Avenue from the corner formed by the intersection of the westerly side of Hobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly line of Lot 118 as shown on a certain map entitled "Subdivision Map of Founders Estates", filed in the Office of the Clerk of Suffolk County on May 10, 1927 as File No. 834, 145.18 feet to a point along the apparent high water mark along the easterly side of Town Creek; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following two (2) courses and distances: (1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet to a point; (2) North 74 degrees 35 minutes 22 seconds West, 36.09 feet to a point; RUNNING thence North 35 degrees 05 minutes 00 seconds East through land now or formerly of Joseph and Heidi Battaglia, 161.72 feet to a point along the westerly side of Hobart Avenue; RUNNING thence South 43 degrees 14 minutes 50 seconds East along the westerly side of Hobart Avenue, 51.06 feet to the point or place of BEGINNING. r r' vilr aJ l b pn w r u r 1 ..y t " " " �i'I , p.01 r 10, �� �('�141ti'i� �N. 'r dr � div ij� sr� q'`� �j✓ �y,�N +N ��, �i d ;d'�' 4�u �„ r '`4• PCahIB'CVPtl r � vi e �r, ,� ,1 a (I" a'i .�{✓r�lrV � ,r� ,� ;Y Vr',y i fir; i Dk t r 1 d T✓ lo a' �� � � ��r�i���"�I"B ! `� �q y��j���l� r r w , �mn i r A ir a yd4gN � far ��rV y r Vf4 'r r r, w,rN roar idr � h.„�� � a���W����Y '1���. o E, {,,, ,a n arn'F.,�4`���♦r„, i�" Q �;,P. 4 �P err. reg �rr4N �yna�u� ;N 1 ai f� � r f ^G l,v r ,�.o�C�, �" J, F, jon"a Mmt r Arborist,„was asked to evaluatetwo r ke Bataglia.,soth trees marked with A^M . Po nye za 1 b 0 U B f & ! P I � e �`iI p � 7 itiav ,r r N ,p} VC, g . . 6r eJ d�l��k"i�lj �� f rc r✓' ,ir 'G �W I Alp 144 b f XI 4-11,11 - 11,t n r@@ re rli N q r� P(7J 6 dNfi P hq�µ�, n�N a 4 i t f4 a mo NJf "U r v6 " iY � 6�r �P GI I ,i��r ff rll a sr rr�r rs � �Y�i r d i �'ry�iro� iu '7 �h✓i d .w>Iti�, J. �' rW,+ ��P 1 " i,P ., JfJ r "r �. r"q,4�r�k NryI�N ���,� F N r a .. ",,f v i�, ry�u �Ni y4; NY ItN,n I� un`ae, i Rl�µ, My l, �4aalYHrhr'ti��. MAILING ADDRESS. PLANNING BOARD MEMBERS P.O.Box 1179 Southold,NY 11971 DONALD J.WILCENSKl Chair OFFICE LOCATION: ii/i / j/1f Town Hall Annex WILLIAM J.CREMERS � i�id �� 54375 State Route 25 PIERCE RAFFERTY � ��ay,���J��r��l�° g� a . JAMES H.RICH III ti'', �r%,��r �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY PSI e. Telephone: 631765-1938 www.southoldtov.rnny.gov PLANNING BOARD OFFICE TOWN OF SOTOL April 24, 2017 Mr. Joseph Battaglia 28 Wilton Road Cold Spring Harbor, NY 11724 Standard Subdivision for Battaglia Located on the w/ /o Hobart Road, approx. 1,059' No Terry Lane, Southold SCTM #1000-64-3-3ZoningDistrict: - 0 Dear Mr, Battaglia: The Planning Board reviewed your request to remove 2 trees, marked with fluorescents, in the northern corner of Lot 1 as outlined in a letter submitted on April 6, 2017. The Board requires that you contact an Arborist to determine the health of the trees prior to final determination. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Very truly yours, Erica Bufkins Planner Trainee cc: Patricia Moore, Esq. , �1 rf Joseph Battaglia . J']TE"t")"rJ �r'V"1,,1 ..��w 28 Wilton Rd. Cold Spring Harbor, N.Y. 11724 (631)-678-6546 March 23, 2017 Dear Members Town of Southold Planning Board, This letter is to inform the Planning Board of my intention to remove two dead and diseased trees on the property located at 2000 Hobart Road, Southold, Lot#1, Suffolk County Map #64- 3-1. The trees are marked with ribbon and fluorescent spray paint and can be found on the right side very front of my property. Please see attached plan. I greatly appreciate your inspection of the trees and response to this letter as soon as possible. With sincere thanks, Joseph Battaglia ' Joseph Battaglia 28 Wilton Rd. Cold Spring Harbor, N.Y. 11724 631-678-6546 April 28, 2015 Alyxandra Sabatino D E C E V E Planning Board Office Town of Southold Town Hall Annex APR 2 E8 2015 543 State Route 25 Southold Town Southold, N.Y. Planning Board Re: Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approx. 1.059' n/o Terry Lane, Southold SCTM #1000-54-3-3 Zoning District: R-40 Dear Alyxandra, In response to your letter dated April 27, 2015,the 45" oak tree which was marked on the plan as a significant tree is not on my property. The tree was planted on the Town of Southold Right of Way. Upon observation that the condition of the tree presented a danger to public safety, I notified the town's highway department on or about March 1, 2015. At that point it became the town's jurisdiction and on or about April 4, 2015 the town removed the tree. A photograph of the tree posted by the town for removal was emailed to the planning board prior to this letter. Thank you for your ongoing assistance in these matters. Joseph Battaglia � 1 ` a( tit x' Lk e+ h�h KIs �.�✓ i ^ PH, i9office '�' t _, t k r ¢T , HER VA 4: Interested parties,are hereby advisees that rr this tr has been v s a - �.� e alua=e�and is scheduled for remgt'al for reason of: r a {Ire ar rc;a repiar4nte� �. c n=Y Sa_,astlons for street tree e'an i=tg saes are welcnr»e h ¢ y=h( Sac ihold fmv^ I'r a Cor ntitieC a +� SUbm;i our ci r sem= n' t Y s{;cgc.s.=a„s In writrng to m e U 5 s office m South i � atd Town#iafi � 4 WL ' i a y i F k r r r t & ' "ft { �".' `✓<1,.��Y ".ice � it3 "'� +r - q",. _ �'�.1�' +�. ?fes i'. MAILING ADDRESS: PLANNING DON�BOARD J. CSouthold, MEMB �•� ERS ®� � S�UTyO� P.O. oNY 1 971 Chair ~ OFFICE LOCATION: WILLIAM J.CREMERS vs Town Hall Annex PIERCE RAFFERTY aQ 54375 State Route 25 JAMES H.RICH IIIOly (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU��e� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 27, 2015 4 0 Mr. Joseph Battagliar 28 Wilton Road I � � Cold Spring Harbor, NY 11724 Re: Standard Subdivision for Battaglia ---- Located on the w/s/o Hobart Road, approx. 1,059' n/o Terry Lane, Southold SCTM #1000-64-3-3 Zoning District: R-40 Dear Mr. Battaglia: The Planning Board reviewed your request at their April 20, 2015 Work Session to remove dead trees on Lot 1 as shown on the plan and outlined in a letter submitted on April 3, 2015. The Board has agreed to allow the marked dead trees, as shown inside of the building- envelope on the submitted plan, to be removed, including the 24" Pine which is shown as a significant tree. However, all trees proposed to be removed located outside of the building envelope, along the northwest property line, must remain. In regards to your request to plant Evergreen trees on the north property line, the Board required this in the Covenant and specified that the species be White Pine because they are shade tolerant. Holly trees, another shade tolerant species, may be added to this planted area as well. Please note that, as per the Covenants and Restrictions filed with the Suffolk County Clerk's Office, the following are required to be planted prior to a Certificate of Occupancy and maintained in perpetuity on Lot 1: o The 20' wide natural/landscape buffer running along Hobart Avenue will be planted with such plant species, density and size as was planted on Lot 2 along Hobart Road; o Along the northern boundary of Lot 1, a row of 6-7' tall White Pines, 7'-8' on center will be planted to achieve winter screening (this is the lot line boundary with the neighbor to the north). Battaglia — Page Two —April 27, 20'r� During the site visit to your property, Planning Staff noticed that the 45" Oak shown as a significant tree on the approved plan was removed, in violation of the filed Covenants and Restrictions. Please state in writing why this significant tree was removed. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Very truly yours, Alyxandra Sabatino Planner cc: Patricia Moore, Esq. Southold Tow,, r1lanning Board Work Session —Apru 20, 2015 - Page 2 Project Name: _ j Southold Gas Station & Convenience Store SCTM#: 1000-55-5-2.21 Location: 45450 CR 48, on the s/w corner of CR 48 and Youngs Avenue, Southold..] Description: This amended Site Plan is for the proposed conversion of an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales, with: 18 fuel pumps, two canopies, one at 75'x 24' (1,800 sq. ft.) and the other at 75' x 50' (3,750 sq. ft.) and 31 parking spaces (18 of which are at the pumps) on 1.46 acres in the General Business (B) Zoning District. _— Status: New Application Action: ` Review for completeness. ! Attachments: Staff Report -- —^^ s Project Name: 1 East End Tick & Mosquito Pest Control SCTM#: 1 1000-97-3-2 1 Location: ! 36570 Route 25, ±420' s/w/o of Skunk Lane. & Main Road, Cutchogue 1 Description—:-'-"*-*'-"""'*'—'"! This Site Plan is for the proposed conversion of an existing residential 1 dwelling to a single family dwelling with an attached business office with I { four (4) parking stalls on 0.25 acres in the Limited Business (LB) Zoning District. 1 _..___...._.._.... --.—................_....._._.__._......_ _.. -----._..__._.... -- ---......_.__....--...._.._.....—-- ----..................................... ---..._..----._......._.__..-..--...._.._... .._..__... { Status: ! New Application —__— I _........... __.._.. _. -.._....—....._....---...........__...__._ { Action: Review for completeness. { Attachments: Staff Report i { Project Name: '_Braun Seafood Company I SCTM#: 1 1000-103-1-1 1 Location:_ 1 31000 Route 25, Cutchogue 1 Description: This Site Plan is for the proposed conversion of an existing 1,128 sq. ft. j residential dwelling to retail use as part of an existing seafood market on j 0.4 acres in the General Business (B) Zoning District:_ _ __ 1 Status: New Application _ --,----.____.. Action: -- ? Review for completeness. --------..........._._....._ ...... _.............._., .............. __..__._..._..._...__............................—._..............._..... _: Attachments___ Staff Report Discussion: ❖ Approved Bafta_g is Starada;r S a t�dJYisid-h, SCTM#1000-64-3-3, 2000 Hobart Road, Southold —tree removal request ❖ ZBA request for comments re: Kolyer, SCTM#1000-81-1-10.1, 4075 Paradise Point Road, Southold ❖ Concept Plan of Old Sound Avenue closure (partial) ❖ Public Hearing Procedures MAILING ADDRESS: PLANNING BOARD MEMBERS �pE sopjP.O. Box 1179 DONALD J.WILCENSKI ��� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III O! (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR y�oUMY,� Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 8, 2015 Joseph Battaglia 28 Wilton Road Cold Spring Harbor, NY 11724 Re: Standard Subdivision for Battaglia ',% Located on the w/s/o Hobart Road°,approx 1,059' n/o Terry Lane, Southold SCTM #1000-64-3-3 tonin`Distiat: R-40 Dear Mr. Battaglia: This letter is to memorialize our phone`conversation from April 7, 2015. A letter was received by the Planning Board on April 3, 2015 that indicated a request to remove dead and diseased trees on Lot 1 that will commence on or about April 15, 2015. Your letter also indicated a request to plant Blue Spruce, Leyland Cypress, Cryptomeria and various Evergreen trees as shown on the submitted plans. Tree removal and the requested planting cannot occur until the Planning Board has had adequate time to review your request in relation to the filed Covenants and Restrictions placed on the property through subdivision approval. The Planning Board will review your request at their work session on April 20, 2014 starting at 4pm in the Town Hall Board Room. If you have any questions, please do not hesitate to contact this office at 631-765- 1938. Very truly yours, �Cl b Alyxandra Sabatino Planner cc: Pat Moore, Esq. P.O. Box 1179 54375 Route 25 —Town Hall Annex Southold . Southold, NY 11971 Phone: (631) 765-1938 Board Fax: (631) 765-6640 Fax To: Joseph Battaglia From: Aly Sabatino Fax: 516-826-0633 Pages: 2 (Including Cover) Phone: 631-678-6546 Date: April 8, 2015 Re: Battaglia Standard Subdivision CC: Pat Moore, Esq. Urgent For Review Please Comment Please Reply X As Requested TRANSMISSION VERIFICATION REPORT TIME 04/08/2015 14:37 NAME LAND PRES FAX 6317656640 TEL 6317655711 DATEJIME 04/08 14:36 FAX N0./NAME 15168260633 DURATION 00:00:31 PAGE(S) 02 RESULT OK MODE STANDARD ECM E VU E V E Joseph Battaglia APR 0 3 2015 28 Wilton Rd. Cold Spring Harbor, N.Y. 11724 Southold Town (631)-678-6546 Planning Board April 1, 2015 Dear Members Town of Southold Planning Board, This letter is to inform the Planning Board of the removal of the dead and diseased trees designated on the plan for the property located at 2000 Hobart Road, Southold, Lot#1, Suffolk County Map #64-3-1. In addition to the removal of the diseased/dead trees there will be extensive planting of Blue Spruce, Leyland Cypress, Cryptomeria and various Evergreen trees as marked on the plans. The work is to commence on or about 4/15/15. If the Planning Board Members have comments or suggestions regarding this necessary work, please contact me at 631-678-6546. As always I appreciate for your cooperation and welcome your input. With sincere thanks, Joseph Battaglia • _ • _ _ , d MAILING ADDRESS: PLANNING BOARD MEMBERSSQUrti P.O.Box 1179 DONALD J.WILCENSKI O��OF GO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS 411 Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��'�vUrm, Southold, NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 21, 2013 Mr. Joseph Battaglia 28 Wilton Road Cold Spring Harbor, NY 11724-2423 Re: Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approx. 1,059' No Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Mr. Battaglia: The Planning Board reviewed your request to remove the maple tree as shown on the plan you submitted on May 6, 2013 along with the report from the arborist that the tree was diseased. You may remove this tree with the condition that you replace it with a 4 - 5" caliper shade tree from the Planning Board's approved tree list (see attached). If you have any questions, please do not hesitate to contact this office. Very truly yours, H her Lanza, AICP Planning Director Encl. SOUTHOLD TOWN PLANNING BOARD NATIVEINATURAL BUFFER PLANTINGS SPECIFICATIONS Recommended Native Plants: Checkmark indicates acceptable plantings for this site Tress to be planted feet on center NATIVE TREES American Beech (Fagus grandifolia) _Pignut Hickory (Catya glabra) American Holly (ilex opaca) _Pitch Pine (Pinus rigida) _American Hornbeam (Carpinus caroliniana) _Post Oak(Quercus ste//ats) American Linden (Tilia Americana) _Quaking Aspen (Populus tremuloides) Black Cherry (Prunus serotina) _Red Oak(Quercus rubra) Black Oak (Quercus velutina) Red Maple (Acer mbmm) Black Birch (Setoia lents) _Sassafras (Sessifras albidum) Black Gum (Nysse sylvatics) _Scarlet Oak (Quercus coccines) Chestnut Oak (Quercus prinus) _Shadbush (AmelanchierCanedensis) Common Alder(Alnus serrulate) _Speckled Alder(Alms rugose) Eastern Red Cedar(Juniperus virginiana) _Swamp Magnolia (Magnolia virginians) _Flowering Dogwood (Cornus Horde) _Swamp White Oak(Quercus bicolor) Gray Birch (Betula populifolle) Sweet Gum (Lfquidambarstyraciflua) Hackberry (Celtis occidentalis) _Tulip Tree(Liriodendron tulipifera) Hawthorne (Crataegus crusgall►) White Oak(Quercus alba) Ironwood (Carpinus caroliniana) _White Ash (Fraxinus Americana) _Persimmon (Diospyros virginiana) _Witch Hazel (Hamamelis virglniana) (Page 2 of 4) 0 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 20, 2013 4:00 a.m. Southold Town Meeting Hall 4:00 p.m. Special Meeting: Mill Creek Inn & Marina 4:05 p.m. Executive Session: Litigation re: Cross Sound Ferry 4:30 p.m. Applications: Prosect name T K. Alpha, LLC Shopping Ctr. I SCTM#:l 1000-140-2-20 Location 535 Pike Street, Mattituck -- -- - -; _. -- - - ---- —- --- -.. . _-- Description. This site plan is for the proposed construction of a 2,475 s.f. mix-use j j ! building consisting of two store fronts for a 1,100 s.f. retail store and i 1,375 s.f. restaurant. There is an existing 605 s.f. building proposed to be removed on an 11,561 s.f. parcel located on the north side of Pike j Street, approximately 100 feet east of Love Lane, in the Hamlet Businessi Zoning District .. ........................ . .......... -- j Status: Pending ..- -.--. _- I Action: Review revised site�lan - --.. .....- -... - --- Attachments Staff Re ort p - - - - - - --- -- - -- Project name: Koehler Family Ltd. Partners SCTM# j 1000-115-10-1 Location 14180 New Suffolk Avenue, Mattituck Description: j This proposal is to subdivide a standard subdivision into seven lots where Lot 1 equals 36,317 sq. ft; Lot 2 equals 41,746 sq. ft.; Lot 3 equals 64,148 sq. ft.; Lot 4 equals 31,000 sq. ft.; Lot 5 equals 32,056 sq. j ft.; Lot 6 equals 32,881 sq. ft.; Lot 7 equals 32,945 sq. ft.; and the Open f - I Space equals 379 814 sq ft. located in the R 80 Zoning District_ Status: Pendm — -- _..., Action Review revised map_ -- --. _...... ....- ------------ —, i Attachments. Staff Report i Discussion: ❖ Approved Battaglia Standard Subdivision - Trees Joseph Battaglia I l 28 Wilton Rd Cold Spring Harbor NY 631-678-6546 May 6, 2013 Planning Board Town of Southold Alyxandria Sabatino RE:Battaglia MAY - 62013 SCTM: 1000-64-03-03 As per our prior conversation regarding removal of the diseased r from a certified arborist stating the diseased condition of the tree and its location(first maple on left side of main entrance). I am hoping to remove the tree so I can complete landscaping by May 25. As always I appreciate your assistance and can be contacted at 631-678-6546. Thankyou. / Joseph Battaglia/6v,// ShamrSeckTi4 t ipany. MatflWd ,ANTJVP 6�1 Shamrocktree ;: 5@yahoo.com May 3, 2013 MAY - 620!3 To whom it may concern, I,Jonathan Shipman, inspected a Norway maple on the south side of the main entrance of 2000 Hobart Rd. in Southold at the request of Joe Battaglia. The tree has several holes on the south west side in which decay is present. The decayed areas are in close proximity to each other indicating that this area of trunk lacks the structural integrity of a healthy tree. The depth of decay in these areas was not measured. On the east side one can clearly see bark peeling of the trunk,which is a sign the cambium below is no longer alive. The tree appears to be in decline at this time,and could potentially be a safety risk due to the decay which will continue to spread and weaken the tree. Board Certified Master Arborist NY-11598 Jonathan M. Shipman 41U�1144 A 5�3�i/ iia SURVEY OF PROPERTY SIT UA TE E 1�lTd\,fig �N ° SOUTHOLD s�4PgsT� TOWN OF SOUTHOLD d��eA 81EP E t4 SUFFOLK COUNTY, NEW YORK e� 14'tDgGt1 S.C. TAX No. 1000- 64-03-03 a.SEs c E '00 SCALE 1 "=30' aP�cEEsti MAY 28, 2008 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS �\ (f) DECEMBER 9, 2008 ADDED PROPOSED HOUSE \ DECEMBER 29, 2008 LATH PROP HOUSE FOR SITE INSPECTION w \ & JANUARY 12, 0ADDED TOPOGRAPHICAL CSURVEY 1J7 N FEBRUARY 902009 ADDED WETLAND BUFFER On \ MARCH 17, 2009 REVISED HAY BALE LINE APRIL 3, 2009 REVISED HAY BALE LINE �N9 ` \ f N ^"' \\ 000, \ APRIL 18, 2009 UPDATED WETLAND LINE N JANUARY 14, 2010 REVISED PROPOSED HOUSE APRIL 15, 2010 ADDED FLOOD ZONES 1 % \ g S. \ JUNE 10, 2010 FOUNDATION LOCATION E GEL \ \ ., 00-\ TOTAL TOTAL AREA = 101 ,022 sq. f1. ��iN l4 RGg 1 f \ \ \`P �1@)Q (TO TIE UNE) 2.319 or. ,N�c sESLE E i 11 1\ \II \\\ L!-k UPLAND AREA = 94,481 sq, ft. PF I ( \ \ I x132 a \ (y1 2 DRAINAGE SYSTEM CALCULATIONS. \ f 1 I I 4s \ Il HOUSE ROOF AREA: 5,300 sq. ff. CERTIFIED TO: 5,300 sq. ff. X 0.17 = 901 cu. ft. JOSEPH BATTAGLIA x \ \\ \\ It_ 901 cu. ft. / 42.2 = 22 vertical ft. of 8' dia. leaching pool required HEID H BATTAG m I \ \ I— PROVIDE (4) 8' dia. X 6' high STORM DRAIN POOLS „X' ITAGLIA PECONIC ABSTRACT, Inc. PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN—OFF ARE SHOWN THUS: FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE No. FNP-01504 (DGARAGE ROOF AREA: 1,020 sq. ft. 135 x1 rn s 1,020 sq. ft. % 0.17 Is 174 cu. ft. 174 cu. ft. / 42.2 = 5 Vertical ft. of 8' dia. leaching pool required PROVIDE (1) S' dia. X 6' high STORM DRAIN POOL fp"5 \\ \I 11 —�1 x •/ ice., NOTES: PROPOSED 8' DIA. % 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: 1. ELEVATIONS ARE REFERE14CED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN 'fHUS:s.D T I x I I xsel Urex t / I I \// �5 EXISTING CONTOUR LINES ARE SHOWN THUS: ---- -10----- EST FLUOR °0 41 FL C - GWGE FLUOR W �j5 Gj• / \ I I \ tom' T - TOP WALL °G 55g3�/ 1f,N55. \ \ ° R"� 1\ I\ I I ' I I Asx \ / •I 2. FLOOD ZONE"Oecm INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 3610300166 H x ZONE AS BASE FLOOD ELEVATIONS ELECIED ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION), BASE FLOOD ELEVATIONS DETERMINED AL\\ \\ \\ 11 \ TEsT H��\ \R, ry�S�� � ZONE X" AREAS OF 02% ANNUAL CHANCE FLOOD, AREAS OF 19. ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN \\ I \ \ \\ sO2 \ \ \ \ \ 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. ZONE X' AREAS DETERMINED TO BE OUTSIDE THE 02% ANNUAL CHANCE FLOODPLAIN. \\ I 00 Ot \� \— ,S \ 4__.R 3. MINIMUM SEPTIC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1,500 GALLONS. 68 m�N- \ LI, (5% y \ / \ \ \ \ �Uf' 1 TANK; 8' DIA. 5' LIQUID DEPTH Lp„ \ \ \I°z x°s \ 1 \ \ ` ' ' p�' 4. MINIMUM LEACHING SYSTEM FOR A 6 BEDROOM HOUSE IS 400 sq it SIDEWALL AREA. x X% 3 POOL; 6' DEEP, e' dia. 2 \ f'O�'�y \\ \\ \ \ I \ x x` • 'kMN 11 PROPOSED EXPANSION POOL �T �J PROPOSED LEACHING FOUL ' o � d \ �/ 1\ IY � •y \ ��\ /' 10,x0 •�,LSA, \\ � \\ x\ \ \ Q x14 0 \ j' �p� PROPOSED SEPTIC TANK \ a4 °D \\ ie --12 If 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD '/�\\ \ \\ Q.O. ,6 p0 x\ • '` I' 4 1;,x }_:, ,y•, ` OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. A� xx\ q, A . Y • , , \ \ 6. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN 4ND \ !SFU,O� \ \ \ o I xa / x S REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. x\ p0 'A�P"Zi o. V gOS� CP eC`G�`!•P 3 yam' \\ \ 1\ \\ -oil /x .' /////SAI �— sA\ 1 —_11 9c`o�a2v 4- O \\ J A\\ 1\ ta\)x 4x •A '• `\\ •/'/ f 11 O''F xaa\ � \ \ / / / - - — _ l > \ \AIL ao \19�0 DO / \�,Pa\\ \ `\x\ a / f /I \� ;< �L Bb LO / 1^may /� /'/ TEST HOLE DATA s (TEST HOLE DUG BY M°SONAL , GEOSCIENCE ON JULY 3, 2008) BCV. 1xx °. 4v / Os x BNMN SILT ML ! ary0. / / /� PATE BUDIUM NNE SP 61 V TO NE 'MND •'2,?,., sem\ \ \` // / // �\ '� v'\ \\\ \ E;iz GNOONO WA —11.6' @1AjNG SURVEY ALTERATION OR AOOIIION p \\\ ' -�S TO THOS SURVEY IS q VIO W YO OF Q((,��� J2 '9' SECTION CA OF THE NEW YORK STATE 635, \C C ��_lV� ° TO aAAREB 111M US ENE SP LMCA GN UV1. COPIES OF THIS SUBMAP NOT BEARING 4 EMOOi fU SEAL SHALL INKED SEAL CONSIDERED wE 4x �'�' O (r, TO BE A VALID muE coay. E of FS S( IHc l� 4O �4 o n it I, h, t )� h � � rtS a ` _ CERI1FlCKION5 INDICATED HEREON SHALL RUN N �1�° 2 I ONE! TO THE PERSON FOR WHOM THE SURVEY •F IS PREPARED, AND ON HIS BEHALF To THE �, ti V 4�'4NTIF COMPANY, GOVERNMENIAL AGENCY AND ZaNA'f�f mog cJ '+\�, \o \a °`•y //�� MAY - 62013 I LENDING INSRMION LSTED HEREON, AND 9' _ --_ - f�FrfC c/ ^ ,om ASSIGNEESTo THE NG INGUM TURUN. CEREMCATIONS ARE NOT TRANSFERABLE N 74.35,���� d, } R h 73, W A7 °O�4`{O AND/OR THE BBASEMENTS TENCE OF ROF RECORDIGHT OF , 82' � =� 01P ANY, NOT SHOWN ARE NOT GUARANTEED. A 2 WPoo \ a°= k I_ LTX °e w saARDs \ 4x,4•° �. PREPARED IN ACCORDANCE WNH THE MINIMUM STA SANDS FOR TILE SURVEYS OBE ASD ADOPSHED Nathan Taft Corwin 111 ,] ////���� ���� BY THE LI ALS. AND APPROVED AND ADO LA D J V � FOR SUCH USE BY THE LAND � lS. TITLE ASSOCWION. �j�°F"eW Land Surveyor SCS. 17;/ ' �P�SAFT00 �� * ,tS•' Successor TO SOnley J. Ispksen, Jo LS _ yA. JasOph A Ingegno I_S. " TNI Surveys — Subdivlsipns — SILO PI°ns — C.rEbrCOIIOR Layout 60467 �04- PHONE (631)727-2090 Fax (831)727-1727 �AA1D SlT'" OFFICES LOCATED AT MAILING ADDRESS 1566 M010 Road P 0 Box 16 F1 Y.S Llc. No. 50467 JUmesp°ti, New York 11947 Jomesport, New Yolk 11947 • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI O��OF SO(/j�ol Southold, NY 11971 Chair /� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORCOU'M'� Southold,NY 1111 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 23, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approx. 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Planning Board reviewed the above-referenced application at their April 22, 2013 Work Session and agreed that the following must be adhered to: 1. As per the applicant's request, the Planning Board has agreed to extend the date that the evergreen clusters consisting of Blue Spruce, Norway Spruce or Leyland Cypress trees must be planted to replace the two removed 18' dead Pine trees to May 24, 2013. 2. As per the applicant's request to remove a diseased and dying Maple tree, the Planning Board is requiring that the applicant submit to the Planning Department the exact location of the requested tree to be removed. Also, the Planning Board is requesting a letter from a licensed arborist certifying that the tree in question is diseased and dying. If you have any questions, please do not hesitate to contact this office. Very truly yours, C)S �� SQe Alyxandra Sabatino Planner cc: Joseph Battaglia April 20, 2013 hc Donald J. Wilcenski, Chair Southold Town Planning Board I Town Hall Annex Building P.O. Box 1179 54375 Route 25 Southold, NY 11971 RE: Letter to Michael J. Verity regarding Construction Material Storage and Construction on the properties at 2000 Hobart Road (SCTM 64-3-3.1) and 2100 Hobart Road (SCTM 64-3-3.2), Southold, NY. Owners: Mr. Joseph and Ms. Heidi Battaglia Dear Mr. Wilcenski, Thank you for your attention to this matter and for your letter of April 12, 2013 apprising me of the results of the Planning board's Work Session on April 8, 2013. For your records, I am enclosing a copy of a letter I recently wrote to Michael Verity, Chief Building Inspector regarding this matter. Best regards, ,fes-z�-�-✓ �"`"""�/ Andrew Semons APR 2 3 2013 1 76 580 HobartRoad, 'I oad, Southold, 11(971 i encl (1) April 16, 2013 • • ` L Michael J. Verity APR 2 32013 Chief Building Inspector Tor n HaIJ Annex Building P_O. Boh 1174 ` _w Southold. NY 119", RE: Construction Material Storage and Construction on the properties at 2000 Hobart Road (SCTM 64-3-3.1) and 2100 Hobart Road (SCTM 64-3-3.2), Southold, NY. Owners: Mr. Joseph and Ms. Heidi Battaglia Dear Mr. Verity, I own property and reside at 1580 Hobart Road in the hamlet of Southold. My property adjoins the northern border of 2000 Hobart Road (SCTM 64-3-3.1), a currently vacant parcel. A house is under construction at 2100 Hobart Road (SCTM 54-3-3.2) that adjoins the vacant parcel at 2000 Hobart Road (SCTM 64-3-3.1). 1 am in receipt of a letter from the Southold Town Planning Board (copy enclosed) informing me that a code enforcement complaint was sent to the Building Department by the Planning Board regarding 2000 Hobart Road (SCTM 64-3-3.1), after the Planning Board's April 8, 2013 Work Session. I am writing to follow up on this complaint and to inform you directly of my concerns regarding how the vacant parcel at 2000 Hobart Road (SCTM 64-3-3.2) is being used by the property owners. Photos are attached that will document much of the following: • The lot at 2000 Hobart Road is being used for equipment and materials storage. Currently there is a large corrugated steel storage container, a 20 to 30 foot roll-off dumpster, a portable toilet, scaffolding, miscellaneous construction materials and a flatbed trailer being stored there. • There is a very large mulch pile in the center of the property that has been repeatedly replenished and is often piled up as high as ten feet. • A significant number of logs from trees felled on the vacant parcel and clearing at 2100 Hobart Road have been moved immediately against the fence separating the vacant lot and my property. This is construction debris, since they have been neither stacked nor split for use as firewood. These logs alos compromise the 20-foot buffer zone the Planning Board previously directed, since there is no chance of either natural vegetation growing back, nor screening plantings being placed there. Whatever vegetation was growing back has certainly been killed. In addition, the flatbed trailer mentioned above is also being stored within that 20-foot buffer. In addition, regarding the property at 2100 Hobart Road (SCTM 64-3-3.1): • Permits for the ongoing construction at 2100 Hobart Road (SCTM 64-3-3.2), are not prominently displayed. This makes it unduly difficult for any interested parties to ascertain whether the permits are still valid or to contact the Building Department or any other government agencies regarding concerns about the permit. • There is a semi-circular brick and mortar fence being built on each side of a gate currently also under construction. I am aware that there is no permit required for the construction of a gate, but there is no permit visible for the construction of the fence that is currently being built alongside it. I question whether or not there is a valid permit in place for the construction of the fence. r Finally, I would like to bring it toyour attention that the actions on the part•he property owners at 2000 and 2100 Hobart Road have been going on for over four years. While I understand there is no limit to the number of times a building permit can be renewed in Southold Town, it is not reasonable to adjoining or nearby property owners that this situation continue indefinitely. I work from home and this situation is having an impact on my ability to earn a livelihood. I respectfully request your assistance in addressing these issues as quickly as possible. Best regards, Andrew Semons 1580 Hobart Road, Southold, NY 11971 (631) 765-8182, asemons@optonline.net enclosures (1) cc: Donald J. Wilcenski, Chair, Southold Town PlanningJai Scott Russell, Southold Town Supervisor r #t , 1 i� j s 'loin .,a.: if tiv..:.e Y mow? 4 1 ril3t. ra � A I az #. x , - /. . . . . . . . � . �¥ ^ . x � . �v§ � > . . y . . . . . » . • • MAILING ADDRESS: PLANNING BOARD MEMBERS O f soar P.O. Box 1179 DONALD J.WILCENSKI �0�� yOIO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G 54376 State Route 25 JAMES H.RICH III MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) CQUNN,� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOAB.D OFFICE TOWN OF SOUTHOLD April 15, 2013 Mr. Joseph Fischetti 1725 Hobart Road, P.O. Box 616 Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Mr. Fischetti: The Planning Board, at their April 8, 2013 Work Session, reviewed the comments that you had submitted on March 28, 2013 regarding the above-referenced property and has taken the following actions: 1. A letter was sent to the landowner requiring the following: a. Restore the required hay bales and silt fencing located on Lot 2 adjacent to Town Creek. b. Replace the two pine trees that had been approved by the Planning Board to be removed because they were dying with evergreen clusters consisting of Blue Spruce, Norway Spruce or Leyland Cypress trees by April 24, 2013. 2. A code enforcement complaint was sent to the Building Department regarding the items stored on Lot 1 (vacant lot). 3. The additional trees that were removed were not designated as significant trees on the subdivision plat. The landowner was within his rights to remove them. If you have any questions, please do not hesitate to contact this office. :�a�IdJ Veryry trulyyo(urs,,�y hJ ski Planning Board Chairman • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF sour P.O. Box 1179 DONALD J.WILCENSKI �0�� y�� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMES Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III �O MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) COU Ni1,� Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2013 Mr. Andrew Semons 1580 Hobart Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Mr. Semons: The Planning Board, at their April 8, 2013 Work Session, reviewed the comments that you had submitted on March 28, 2013 regarding the above-referenced property and will take the following actions: 1. A letter was sent to the landowner requiring the following: a. Restore the required hay bales and silt fencing located on Lot 2 adjacent to Town Creek. b. Replace the two pine trees that had been approved by the Planning Board to be removed because they were dying with evergreen clusters consisting of Blue Spruce, Norway Spruce or Leyland Cypress tress by April 24, 2013. 2. A code enforcement complaint was sent to the Building Department regarding the items stored on Lot 1 (vacant lot). 3. The additional trees that were removed were not designated as significant trees on the subdivision plat. The landowner was within his rights to remove them. If you have any questions, please do not hesitate to contact this office. Very truly yours Donald J. Wilcenski Planning Board Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS �pF so P.O. sox 1179 DONALD J.WILCENSKI 0� ��! Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • O 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORcoum� Southold, NY 111' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 11, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approx. 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Planning Board reviewed the above referenced application at their April 8, 2013 Work Session and agreed that the following must be adhered to: 1. As per the Planning Board's October 24, 2012 letter, evergreen clusters consisting of Blue Spruce, Norway Spruce or Leyland Cypress tress must be planted to replace the two removed 18' dead Pine Trees by April 24,2013. 2. The required hay bales and silt fencing located on Lot 2, adjacent to Town Creek, are in disrepair and must be restored pursuant to §236-18 (D) Performance Standards of the Southold Town Code. If you have any questions, please do not hesitate to contact this office. Very truly yours, � Alyxandra Sabatino Planner cc: Joseph Battaglia MAILING ADDRESS: PLANNING BOARD MEMBERS .1 OF so P.O. Box 1179 DONALD J.WILCENSKI O�r y0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �yCOUrm Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: April 11, 2013 Re: Standard Subdivision of: Joseph and Heidi Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Nature of Complaint: The above referenced property is an approved 2 lot subdivision. The owner appears to be using the vacant Lot 1 for uses not permitted in the code. Action Taken: After the Planning Board received a complaint regarding this subdivision, staff inspected the site. The Planning Board has taken action to deal with the items directly related to the subdivision approval (e.g. the tree removal); however there appear to be other violations on site that are outside the purview of the Planning Board. The potential violations noted during our site visit include but are not limited to a dumpster, a storage container, and a port-a-potty. At their April 8, 2013 Work Session, the Planning Board agreed to refer the matter to the Building Department as a formal complaint. Thank you for your cooperation. Encs: Complaint Referral Form Picture of potential Lot 2 violations Approved Battaglia Subdivision Plat Southold Toyolanning Board Work Session Aori*.2013 — Page Three Project Name: G.W. Meade Farm SCTM#: . 1000-69-5-7.1 Location: 1375 Ackerly Pond Lane, Southold Description: This site plan is for the proposed construction of a 5,200 s.f. horse barn connecting to a 14,400 s.f. indoor arena for the keeping/breeding/raising and training of horses and a riding academy with 10 parking spaces. Also'', on the property are a 1,140 s.f. single-family dwelling, a 1,965 s.f. frame barn and a 700 s.f. frame building on 10.004 acres in the A-C Zoning District. Status: Pending Action: Review for Approval. Attachments: Staff Report Project name: 8 Hands Farm SCTM#: 1000-96-2-10.1 Location: 4735 Cox Lane, Cutchogue Description: This site plan is for the proposed construction of a 60' x 120' (7,200 s.f.) metal barn on a 25.69 acre Town of Southold Development Rights parcel and the conversion of an existing 4,200 s.f. barn to a farm stand on the adjacent 1.84 acre reserved parcel that includes a two-story dwelling in the A-C Zone. Status: Pending Action: Review revised site plans. Attachments: Staff Report Project name: Mill Creek Inn & 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: Pending Action: Review revised site plans. Attachments: Staff Report Discussion: • Battaglia Standard Subdivision - Trees • Draft Planning Board Monthly Report • Local Law re: Marine District II & Plum Island Zoning • Climate Smart Communities Pledge Draft • • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SOUry P.O. Box 1179 DONALD J.WILCENSKI �� �� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA Town Hall Annex PIERCE RAFFERTY G @ 54375 State Route 25 JAMES H.RICH III '�� �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU Southold,Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Donald J. Wilcenski, Chairman Date: March 29, 2013 V;—) — Re: Standard Subdivision of: Joseph and Heidi Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 The Planning Board has received a letter from Andy Semons discussing Code violations on the Battaglia Property (see attached) and refers this application to you to review Lot One (vacant lot) for Code compliance. This is a standard subdivision of a 101,022 sq. ft. parcel into two lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District. Thank you for your cooperation. Encls: Letter from Andy Semons Subdivision Plat Terry, Mark From: Kalin, Carol Sent: Thursday, March 28, 2013 10:14 AM To: Terry, Mark ! � MAR 2 8201 Subject: FW: Battaglia I E Importance: High ! From: Joseph Fischetti [mailto:joseph@fischetti.com] Sent: Thursday, March 28, 2013 10:12 AM To: Kalin, Carol Subject: Battaglia Carol Would you please forward this email to Mark Terry. I did not get any response from the Board regarding the removal of two additional trees from the property not approved. What is the Towns position on that, and what will be their response. I have photos of the removal of both trees if you need them. there was an excavator delivered to site this morning which I believe may to remove the stumps. Mr. Battaglia has been using both the 1 acre lot which a there is a building permit on and the 2nd 1 acre lot that is supposed to be vacant. The vacant lot has been a construction site that has been graded, a dumpster and piles of chips from trees removed. It seems that by using more than one acre for construction he now falls under the new SWPPP requirements. This information may help the Town to rain in Mr. Battaglia, Joseph Joseph Fischetti, PG Prolesional tinginco 725 1lobart Road tiouthold. NY 11971 PROFESSIONAL I(NUNPi,R el-101"d i1 Slnicinrll I neineetil2l_ Telephone: (6311765-2954 Facsimile: (631)614-3516 E-Mail: Ioseoh0fischetti com 3/28/2013 March 28, 2013 - REVISED Mr. Donald Wilcenski Chairman, Southold Town Planning Board PO Box 1179 Southold, NY 11971 APR - 12013 RE: Construction Material Storage and Construction on the properties at 2000 Hobart Road (SCTM 64-3-3.1) and 2100 Hobart Road (SCTM 64-3-3.2),Southold, NY. Owners: Mr.Joseph and Ms. Heidi Battaglia Dear Mr. Wilcenski and Members of the Planning Board: I own property and reside at 1580 Hobart Road in the hamlet of Southold. My property adjoins the northern border of 2000 Hobart Road (SCTM 64-3-3.1),a currently vacant parcel. A house is under construction at 2100 Hobart Road (SCTM 54-3-3.2) that adjoins the vacant parcel at 2000 Hobart Road. First, I would like to bring a number of issues to the attention of the Board regarding how the vacant parcel at 2000 Hobart Road is being used and the activity that continues to take place on this lot. I ask the Board to consider existing codes, regulations, as well as previous decisions made by the Planning Board as to whether or not Mr. and Ms. Battaglia are within their rights to use this lot as they are using it, and to enforce these codes, regulations and decisions if they are not I have attached photos that will document much of the following: • The lot at 2000 Hobart Road is being used for equipment and materials storage. Currently there is a large, corrugated steel storage container,a 20 to 30 foot roll-off dumpster, a portable toilet,scaffolding, miscellaneous construction materials,a flatbed trailer and a boat being stored there. • There is a very large mulch pile in the center of the property that has been repeatedly replenished and is often piled up as high as ten feet.This pile surrounds a number of existing trees and is certainly going to kill them if allowed to continue. • The portable toilet, roll-off dumpster,and mulch pile have been in place for several years now and are attracting vermin. I have seen large field rats scampering across the road and on the Battaglia property. • Logs from trees felled on the vacant parcel and clearing at 2100 Hobart Road have been moved immediately against the fence separating the vacant lot and my property.This compromises the 20-foot buffer zone the Board previously directed,since there is no chance of either natural vegetation growing back, nor screening plantings being placed there. Whatever vegetation was growing back has certainly been killed. In addition,the flatbed trailer mentioned above is also being stored within that 20-foot buffer. • There is ongoing clearing of new-growth brush on this property, despite the covenants that require that this lot remain 50% uncleared, and despite its having been overly cleared before. • Heavy earth-moving machinery is being used on property constantly,almost daily, regularly scooping up earth and mulch,spreading it, shifting lumber, and destroying all natural habitat • A wide gravel road has been constructed running through the property for access to the construction site,despite the fact that the site has direct access to Hobart Road. Secondly, I have some concerns regarding the construction at 2000 Hobart Road (SCTM 64-3-3.1) • Permits for the ongoing construction are not prominently displayed.This makes it difficult for any interested parties to contact the Planning Board regarding concerns about renewal of the permits, or whether or not the permits are still valid. • The hay-bale barrier that was installed to reduce runoff of earth into Town Creek during construction on the property has not been maintained.As a result of the lack of maintenance and the many severe storms we have had, much of the aforementioned mulch stored at 2000 Hobart Road and placed on the ground at 2100 Hobart Road washed into Town Creek and up onto other properties on the creek.. In conclusion, I bring to the Board's attention that the actions on the part of the property owners at 2000 and 2100 Hobart Road have been going on for over four years. While 1 understand there is no limit to the number of times a building permit can be renewed in Southold Town, it is not reasonable to adjoining or nearby property owners that this situation continue indefinitely. I work from home and this situation is having an impact on my ability to earn a livelihood. Furthermore I am unable to enjoy the serenity of my yard on most weekends or during the dinner hour. Construction noise, debris,and dust from this undertaking affects everyone in the neighborhood. Last year, my 88-year-old neighbor,who had had enough of the noise of the backhoe running on Mr. Battaglia's property while entertaining her family on Memorial Day weekend, trooped across our yard and through the tough terrain of a construction site, and asked Mr. Battaglia to shutdown his machines. He did. But the next day, Sunday of Memorial Day, he fired them up again at 8 AM. and ran them until sundown. I respectfully request your assistance in doing anything and everything within your power to ameliorate this situation. Very truly you s, % Andrew Semons 1580 Hobart Road Southold, NY 11971 (631)765-8182 asemons@optonline.net Via email: Alexandra.SabatinoOTown.Southold.NY.US CC: Heather.LanzaPTown.Southold.NY.US 1 1 rT AJ 1 �1 low 1 y i' i y wI' e5 rJ6 ii a 1d "h r ti 2��y © � © � �~2/�a • . J%I '> >��\ '��* . 4w e . ' oya Jam. »may : . 2�\ ri- For the attention of the Soutw Town Planning Board P JI µ�\ Page 1 of 1 Sabatino, Alyxandra K. From: Andy Semons [asemons@optonline.net] Sent: Thursday, March 28, 2013 9:20 PM To: Sabatino, Alyxandra K. Cc: Lanza, Heather Subject: For the attention of the Southold Town Planning Board Attachments: PF-PlanningBoardLetter0328.docx Dear Ms. Sabatino: Please acknowledge receipt of the attached letter for Mr. Don Wilcenski and the Town Planning Board. Thank you very much, Andy Semons 1580 Hobart Road Southold, NY 11971 MAR 2 92013 3/29/2013 March 28, 2013 MAR 2 92013 Mr. Donald Wilcenski ----- - —� Chairman, Southold Town Planning Board PO Box 1179 Southold, NY 11971 RE: Construction Material Storage and Construction on the properties at 2000 Hobart Road (SCTM 64-3-3.1) and 2100 Hobart Road (SCTM 64-3-3.2), Southold, NY. Owners: Mr. Joseph and Ms. Heidi Battaglia Dear Mr.Wilcenski and Members of the Planning Board: I own property and reside at 1580 Hobart Road in the hamlet of Southold. My property adjoins the northern border of 2000 Hobart Road (SCTM 64-3-3.1), a currently vacant parcel. A house is under construction at 2100 Hobart Road (SCTM 54-3-3.2) that adjoins the vacant parcel at 2000 Hobart Road. First, l would like to bring a number of issues to the attention of the Board regarding how the vacant parcel at 2000 Hobart Road is being used and the activity that continues to take place on this lot. I ask the Board to consider existing codes, regulations, as well as previous decisions made by the Planning Board as to whether or not Mr. and Ms. Battaglia are within their rights to use this lot as they are using it, and to enforce these codes, regulations and decisions if they are not. I have attached photos that will document much of the following: • The lot at 2000 Hobart Road is being used for equipment and materials storage. Currently there is a large, corrugated steel storage container, a 20 to 30 foot roll-off dumpster,a portable toilet, scaffolding, miscellaneous construction materials and a flatbed trailer being stored there. • There is a very large mulch pile in the center of the property that has been repeatedly replenished and is often piled up as high as ten feet. This pile surrounds a number of existing trees and is certainly going to kill them if allowed to continue. • The portable toilet, roll-off dumpster, and mulch pile have been in place for several years now and are attracting vermin. I have seen large field rats scampering across the road and on the Battaglia property. 0 0 • Logs from trees felled on the vacant parcel and clearing at 2100 Hobart Road have been moved immediately against the fence separating the vacant lot and my property. This compromises the 20-foot buffer zone the Board previously directed, since there is no chance of either natural vegetation growing back, nor screening plantings being placed there. Whatever vegetation was growing back has certainly been killed. In addition, the flatbed trailer mentioned above is also being stored within that 20-foot buffer. • There is ongoing clearing of new-growth brush on this property, despite the covenants that require that this lot remain 50% uncleared, and despite its having been overly cleared before. • Heavy earth-moving machinery is being used on property constantly, almost daily, regularly scooping up earth and mulch, spreading it, shifting lumber, and destroying all natural habitat. Secondly, I have some concerns regarding the construction at 2000 Hobart Road (SCTM 64-3-3.1) • Permits for the ongoing construction are not prominently displayed. This makes it difficult for any interested parties to contact the Planning Board regarding concerns about renewal of the permits, or whether or not the permits are still valid. • The hay-bale barrier that was installed to reduce runoff of earth into Town Creek during construction on the property has not been maintained. As a result of the lack of maintenance and the many severe storms we have had, much of the aforementioned mulch stored at 2000 Hobart Road and placed on the ground at 2100 Hobart Road washed into Town Creek and up onto other properties on the creek.. In conclusion, l bring to the Board's attention that the actions on the part of the property owners at 2000 and 2100 Hobart Road have been going on for over four years. While 1 understand there is no limit to the number of times a building permit can be renewed in Southold Town, it is not reasonable to adjoining or nearby property owners that this situation continue indefinitely. I work from home and this situation is having an impact on my ability to earn a livelihood. Furthermore I am unable to enjoy the serenity of my yard on most weekends or during the dinner hour. Construction noise, debris,and dust from this undertaking affects everyone in the neighborhood. Last year, my 88-year-old neighbor,who had had enough of the noise of the backhoe running on Mr. Battaglia's property while entertaining her family on Memorial Day weekend, trooped across our yard and through the tough terrain of a construction site,and asked Mr. Battaglia to shut down his machines. He 0 0 did. But the next day, Sunday of Memorial Day, he fired then up again at 8 AM. and ran them until sundown. I respectfully request your assistance in doing anything and everything within your power to ameliorate this situation. Very truly yours, Andrew Semons 1580 Hobart Road Southold, NY 11971 (631)765-8182 asemons@optonline.net Via email: Alyxandra.Sabatino@Town.Southold.NY.US CC: fleather.Lanza@Town.Southold.NY.US 9� f f t ir. t 1 1 5l k �I r� � g :gip e p i r<rt i" r � P E •'M'S='� R ... n J Y M^'y w I ` t � „� �...,� , £ k ”' � ' � �k 9+* s 'tet �. t •r u __ f �� `P a 3a. hn�{ 'tyg� �. �� rY i i�� �� � , i e. �, b may;+� �� ��� � . , ,. . PATRICIA C. MOORE Attorney at Law �J 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax: (631)765-4643 January 3, 2012 r Planning Board Town of Southold PO Box 1179 Southold NY 11971 X N 3 2012 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Mr. Sidor: With reference to the above, enclosed please find copy of the recorded Drainage Easement. Also, please be advised that the maps were filed in the County Clerk's office on December 22, 2011 as Map No. 11840. Thank you. Very truly urs, Icia C. Moore PCM/bp encls. C: Mr. & Mrs. Battaglia • • MAILING ADDRESS: PLANNING BOARD MEMBERS so P.O. Box 1179 DONALD J.WILCENSKI O� yQl Southold, NY 11971 Chair h OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORIiYAouffm� Southold, NY IY 1 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 24, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board reviewed the above referenced application at their October 22, 2012 Work Session. The request to remove two 18' dead Pine Trees located on Lot 2 of the subject parcel (map of the tree locations included). This request has been granted as long as both trees are replaced by evergreen clusters, which include Blue Spruce, Norway Spruce or Leyland Cypress trees. These evergreen clusters must be planted no longer than 6 months from the date of this letter. Please note that trees must be replaced by four inch caliber or larger with a three year survival rate once landscaping has been completed. If you have any questions, please do not hesitate to contact this office. Thank you. Very truly yours, Alyxandra Sabatino Planner CC. Joseph Battaglia Encl: Tree Location Map t I •r\�J1 /\ �\OE' -o i•\.)B Y \ ' eta / \� Q o \ .\� \ \ tz \N "o. \ •� a JN \G *rn 111// e 1 \ ,i .i Y 116 6�. / 0• E\.0e Q I x D I t 16.5 W o�� suFF - / ciwa" _ LU CX Oz NX i \ y - MA Southold Town Planning Board Work Session — October 22 2012 — Page Three Project name: Baxter, William J. Jr. SCTM#: 1000-102-5-9.4 Location: 260 Griffing Avenue, Cutchogue Description: This proposal is a Standard Subdivision of a 2.38 acre parcel into 4 lots where Lot 1 = 0.62 acres, Lot 2 = 0.63 acres, Lot 3 = 0.62 acres and Lot _ 4= 0.52 acres, in the Hamlet Business Zoning District. Status: Conditional Sketch Approval Action: Review for Preliminary Plat completeness. 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 equals 0.60 acres and Lot 2 equals 0.71 acres, located in the R-40 Zoning District. Status: Conditional Preliminary Approval Action: Review for Final Approval. Attachments: Staff Report Project name: Battaglia, Joseph and Heidi SCTM#: 1000-64-3-3 Location: West side of Hobart Road, approx 1,059 feet north of Terry Ln, Southold Description: This standard subdivision is to subdivide 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R-40 Zoning District. Status. Final Approval Action: Review request to remove trees. Attachments: Map re: location of trees For Discussion: +l Local Law re: Amendments to Chapter 83, Animals, in connection with Pet & Livestock Waste a Local Law re: Amendments to Chapter 280, Zoning, in connection with Use Regulations within LIO and LI Zoning Districts 101 Joseph Battaglia V 28 Wilton Rd Cold Spring Harbor NY 631-678-6546 September 24, 2012 Planning Board Town of Southold RE:Battaglia SCTM: 1000-64-3-3 With reference to the above property, please be advised that I plan to remove two trees. Tree number one is dead and presents a safety hazard while tree number 2 is partially dead and in poor condition with no chance of recovery. As per my responsibility with the Planning Board,trees will be replaced by four inch caliber or larger with a three year survival rate when landscaping is completed. Trees have been marked on my property for inspection and on the plan I have included. As always I appreciate your assistance and can be contacted at 631-678-6546. Thank you. Joseph Battaglia 0'�pv/� z r , NPAS OA w R 0� � WPSE x no �, �t \�E �gL c `� 4 °° �P w �g 9 1 W Jy' O `p0.Op 5 Sc y a _ roc, E4 ` I Ow i • Q4' I n N A �D= •.� co LO�f` — / ca BUFFLPND5GPPE � X o. LD \-°\Nv a a Oz _ — _ O pis _ _ _ _ _ O a Dw N MARTIN D.FINNEGAN • • SCOTT A. RUSSELL TOWN ATTORNEYO� OF so�Tyol Supervisor fi martin. nnegan@town.southold.ny.us JENNIFER ANDALORO O Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY P.O. Box 1179 jennifer.andaloro@town.southold.ny.usG Southold,New York 11971-0959 • Telephone(631) 765-1939 LORI M. N ATT l� Facsimile(631) 765-6639 ASSISTANT TOWN ATTORNEY �OpM`I,� n lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY t/ > TOWN OF SOUTHOLD MEMORANDUM To: Ms. Sandi Berliner From: Lynne Krauza Secretary to the Town Attorney Date: December 16, 2011 Subject: Battaglia Drainage Easement SCTM#1000-64-3-3 Please be advised that Jennifer has reviewed and approved the attached Grant of Drainage Easement in connection with the referenced matter. A copy of the resolution authorizing Scott to sign this document is also enclosed. In this regard, kindly have Scott sign the Easement, along with the TP-584 and Peconic Bay Region CPF forms where indicated, using black ink, and return to me for processing. Please note that Scott's signature on the Easement must be notarized. Thank you for your attention. If you have any questions, please do not hesitate to call me. /lk Enclosures cc: Ms. Elizabeth A. Neville, Town Clerk (w/encls.) Ms. Heather Lanza, Planning Director (w/o encls.) Mr. James Richter, Town Engineering Inspector (w/o encls.) DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the _day of 2011 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Hobart Road, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Joseph and Heidi Battaglia" prepared by Nathan Taft Corwin, III, Land Surveyors, dated (hereinafter "Filed Map") and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a) Thirty (30) foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on the Filed Map. The 30 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be supplemented with plantings of native and drought tolerant species and a 4' access path to Town Creek on lot 2, subject to Board of Trustee approval. (b) Trees that are greater than 18 inches in diameter at breast height are shown on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of said trees is permitted and shall include pruning and removal of dead and/or diseased trees that are hazardous to life or property and may be replaced. ( c ) The Planning Board is requiring the replacement of the tree by June, 2012. The tree located immediately north of the driveway on lot 2 shall be replaced with a minimum 4" caliper `street' tree selected from the Southold Town Planning Board Native Tree List. The tree was approved to be removed due to the poor health and condition of the tree. This tree together with the vegetation located within the natural/landscaped buffer satisfies section 240.17. Technical requirements. Item H,2(n) and section 161- 44.Street Tree Requirements of the Town Code. The planted tree shall be guaranteed to survive for a three year period from planting date. In the event that the planted tree dies within the three year period, the tree shall be replaced with a minimum of 4" caliper tree of similar species. A letter shall be provided to the Planning Board indicating the planting date, species and size of the tree ( d ) Pursuant to chapter 240-49 Clearing of the Southold Town Code, clearing limits on lot 1 and lot 2 are restricted to 50% of the total lot area. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any new clearing or grading of the lots. All planted vegetation installed within the clearing limits as established by the Planning Board on the approved Pre'-Minary Plat Filed Map shall be guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. (e) The driveway on Lot 1 shall be constructed of pervious material or if non- pervious material is used, drainage shall be provided which complies with Chapter 236, "Stormwater Management of the Southold Town Drainage Code and the construction of the driveway to lot 1 shall be excluded from the buffer conditions outlined herein. (f) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. (g) Except for the driveway to Lot 1, a 20' wide natural/landscaped buffer running along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. (h) As to Lot 1, prior to issuance of a Certificate of Occupancy the following landscaping will be planted and maintained in perpetuity: (1) the 20'wide natural/landscape buffer running along Hobart Avenue will be planted with such plant species, density and size as was planted on Lot 2 along Hobart Avenue. (2) along the northern boundary of lot 1 a row of 6-7'tall white pines, 7=8' on center will be planted to achieve winter screening. (i) Pursuant to a recorded "Grant of Drainage Easement", there shall be established a 50' wide X 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W and as illustrated on the Filed Map (j) The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2 (k) All utility connections shall be constructed underground (1) If applicable, prior to construction activity on any of the lots within the subdivision, the project may require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase 11 State Pollutant Discharge Elimination System or a drainage approved under Chapter 236 (m) Concrete property boundary monuments shall be required. Monuments shall be set on the inside corners of outside boundaries of the land subdivided at each point where there is a change of alignment . Except where the boundary is a watercourse, the monuments shall be offset in the line of adjacent traverse. 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. Heidi Battaglia STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the day of , before me, the undersigned, a notary public in and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. 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. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Joseph Battaglia MARTIN D.FINNEGAN SCOTT A.RUSSELL TOWN ATTORNEY Supervisor martin.finnegan@town.southold.ny.us ��OF so�Tyo JENNIFER ANDALORO �� l0 Town Hall Annex, 54375 Route 25 ASSISTANT TOWN ATTORNEY l�t P.O. Box 1 971-0959 jennifer.andaloro@town.southold.ny.us rp Southold, New Yorkk 11971-0959 11 LORI M. HULSEQ Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY lyCou Facsimile(631) 765-6639 lori.hulse@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD December 7, 2011 VIA FACSIMILE Patricia C. Moore, Esq. DEC - 7 2011 51020 Main Road Southold, NY 11971 RE: Battaglia Grant of Drainage Easement Dear Ms. Moore: Enclosed please find a copy of the Grant of Drainage Easement in connection with the referenced matter reflecting the Town's comments to the proposed draft. Please revise the Easement accordingly and re-submit same to the Planning Department for further review. Should you have any questions, please do not hesitate to call me. Thank you. Very truly yours, J n fifer A d loro As ' tant n Attorney JA/lk Enclosure / cc: Members of the Planning Board ✓ &RANT OF DRAINAGE EASEMA THIS indenture made this 14th day of November, 2011, by and between Joseph Battaglia and Heidi M. Battaglia residing at 28 Wilton Road, Cold Spring Harbor, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 located on the southwestern side of Hobart Avenue in the Hamlet of Southold, Town of Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Tarrn Ha;,-,bnr I_npiei Homzx RVENu6 WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a e portion of Grantor's land as described in Schedule A attached hereto; NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13, 2011, Grantor received Conditional Final Approval for a standard subdivision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ft. and lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District on the condition that a 50' wide X 145.18" long drainage easement for storm water control be granted to the Town; -1- 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon thTpremises described in Schedule A. S'ovf41NIV pori vy% o ( +1R 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Avenue ar4wtrateedd em Gehedule B afteehed hereto. The easement area for the subssuur a,�ce cu_gar,I,vgrts and/or pipes is ^`uar, limited to an area that is fifty (50) feet in width as �n Schedule B. (ii) To perform such grading, excavation and the installation of . such facilities as @bag be required for the construction, operation, repair, replacement and maintenance of said culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to the 50 foot area set forth in Schedule B attached hereto. l(IFPVOc:me " 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. -2- • 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage. Restoration may include, but is not limited to, replacing affected vegetation. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 6. This easement shall be deemed a "minor utility easement" and the Grantor agrees that the easement area shall be included in the lot area (buildable area) and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 8. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. 9. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. -3- 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. 6J6SEPH BATTAGLI )f& ht(m4x - EIDI lVl. BAtTAGqK TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor STATE OF NEW YORK) ) ss.- COUNTY ss.:COUNTY OF SUFFOLK) On this IV day of Nom, in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA , 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 ind' ' 1, or the person upon behalf of which the individual acted, executed the instr ent. PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.48616 .1 Commission Expires June 16, '1 -4- STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this —day of in the year 2011, before me personally appeared Scott A. Russell, 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 -5- Submission Without a Cover Letter Sender: Subject: kA✓�JSC/��l E avf��L ��� SCTM#: 1000 - Y ©3 03 Date: / 2-/ / 1 1 DEC - 2 2011 Comments: !>6 5Aso � 3 � � 7 2- - �S`f� Sabatino, Alyxandra K. From: Terry, Mark Sent: Wednesday, November 30, 2011 1:32 PM To: Sabatino, Alyxandra K. Subject: FW: Batglia From: Richter, Jamie Sent: Wednesday, November 30, 2011 1:31 PM To: Terry, Mark Subject: FW: Batglia Mark: With regard to the preparation of a SW PPP for the second lot of the Bataglia subdivision; It would seem appropriate to wait for the building permit application before a SWPPP is developed. The SW PPP will require specific details related to what is going to be constructed before it can be prepared. The drainage plan for the first house was reviewed and approved before the home was constructed. With that being said, I do have a concern with property that has already been cleared of vegetation before a SW PPP review was done. If there is a section of the subdivided property that has not fully re-vegetated, I would request that hay bales & silt fencing be required and/or remain in place. This would protect the shoreline in the event that the second home is not developed in the near future. If you have any questions regarding my concerns, please contact my office. Jamie James A. Richter Office of the Engineer Town of Southold, New York iamie.richterant vvn.southold.nv.us Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Richter,Jamie Sent: Monday,October 31,2011 11:23 AM To: Terry, Mark Subject: Batglia Mark I just had a call from Joe Bataglia on Hobart Ave. He was questioning my review of the proposed drainage easement located on his property. The Easement I have reviewed does appear to be what we had requested, therefore it should be satisfactory. 1 Let me know if you need any addal information related to this issue. • Jamie James A. Richter Office of the Engineer Town of Southold, New York 4amie.richter(a town.southold.ny.us Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 2 • Page 1 of 1 Sabatino, Alyxandra K. A g From: Kalin, Carol Sent: Monday, November 28, 2011 11:34 AM v To: Sabatino, Alyxandra K. Subject: FW: battaglia Attachments: recorded c&is for PB.pdf From: betsy@mooreattys.com [mailto:betsy@mooreattys.com] Sent: Monday, November 28, 2011 11:32 AM To: Lanza, Heather; Terry, Mark Cc: Kalin, Carol; pat Subject: battaglia Supplementing my package dropped off to your office on 11/22, attached please find the recorded C & R's. Thank you. Betsy Perkins LA Moore Law Offices William b. Moore, Esq. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 11/30/2011 • CC#: C11-43407 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK 1, 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 11/18/2011 under Liber D00012677 and Page 017 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 11!1812011 SUFFOLK COUNT///Y CLERK Q. T"R.mcp.2e_/ JUDITH A.PASCALE SEAL 1111111 IIII IIIN IIIII IIIII IIIII 1111111111 IIIII IIII IIII IINII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 11/1$/2011 Number of Pages: 7 At: 11 :38:59 AM Receipt Number : 11-0126652 LIBER: D00012677 PAGE: 017 District: Section: Block: Lot: 1000 064.00 03.00 003.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15 .00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $5.20 NO RPT $30.00 NO Fees Paid $110.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 12 Number of pages `7 This document will be public record.Please remove all Social Security Numbers prior to recording. Deed/Mortgage instrument Deed Mortgage Tax Stamp Recording Filing Stamps -3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation 5pec./Assit. Or EA-5217(County) Sub Total ss, Spec./Add. EA-5217(State) TOT.MTG,TAX R.P.T.S.A. Dual Town_Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit-- Mansion Tax Certified p The property covered by this mortgage is or will be Improved by a one or two NYS Surcharge is, 00 Sub Total_ family dwelling only. YES—or NO Other Grand Total If NO,see appropriate tax I o page of this instrurn nt. 111101 if 4 IDist. 1000 Section 64 Block 3 Lot 3 5 Community Preservation Fund 1000 06400 0300 003000 Real Prope Consideration Amount$ Tax Service Agency 2 CPF T"Due Veri Carlo \1"OV.1 I/ Improved 6 Satist, tress RECORD&RETURNTO: Vacant Land TO PATRICIA C.MOORE ESQ. 51020 MAIN ROAD TO SOIJTHOLDNY 11971 TO Mail to:Judith A.Pascale,Suffolk County Clerk 7 Tilde Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffoliccountyrry.govicierk I Title# Suffolk Countv Recording & Endorsement Page This page forms part of the attached DECLARATION AND COVENANT made by: (SPECIFY TYPE OF INSTRUMENT) JOSEPH BATTAGLIA AND The premises herein is situated in 14EIDI BATTAGLIA SUFFOLK COUNTY,NEW YORK TO IntheTOWNof�0LITUQL J) In the VILLAGE PLANNING BOARD orHAMLET of_SOUTl40LD__ BOXES 6 THRU$MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the 14th day of November, 2011 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Hobart Road, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Joseph and Heidi Battaglia" prepared by Nathan Taft Corin, Ili, Land Surveyors, dated August 1, 2011 (hereinafter"Filed Map") and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a) Thirty (30) foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on the Filed Map. The 30 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be supplemented with plantings of native and drought tolerant species and a 4' access path to Town Creek on lot 2, subject to Board of Trustee approval. (b) Trees that are greater than 18 inches in diameter at breast height are shown on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of said trees is permitted and shall include pruning and removal of dead and/or diseased trees that are hazardous to life or property and may be replaced. ( c ) The Planning Board is requiring the replacement of the tree by June, 2012. The tree located immediately north of the driveway on lot 2 shall be replaced with a minimum 4" caliper'street' tree selected from the Southold Town Planning Board Native Tree List. The tree was approved to be removed due to the poor health and condition of the tree. This tree together with the vegetation located within the natural/landscaped buffer satisfies section 240.17. Technical requirements. Item H,2(n) and section 161- 44.Street Tree Requirements of the Town Code. The planted tree shall be guaranteed to survive for a three year period from planting date. In the event that the planted tree dies within the three year period, the tree shall be replaced with a minimum of 4" caliper tree of similar species. A letter shall be provided to the Planning Board indicating the planting date, species and size of the tree ( d ) Pursuant to chapter 24049 Clearing of the Southold Town Code, clearing limits on lot 1 and lot 2 are restricted to 50% of the total lot area. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any new clearing or grading of the lots. All planted vegetation installed within the clearing limits as established by the Planning Board on the approved Filed Map shall be guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. (e) The driveway on Lot 1 shall be constructed of pervious material or if non- pervious material is used, drainage shall be provided which complies with Chapter 236, °Stormwater Management of the Southold Town Code and the construction of the driveway to lot 1 shall be excluded from the buffer conditions outlined herein. (0 There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. (g) Except for the driveway to Lot 1, a 20' wide natural/landscaped buffer running along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. (h) As to Lot 1, prior to issuance of a Certificate of Occupancy the following landscaping will be planted and maintained in perpetuity: (1) the 20'wide natural/landscape buffer running along Hobart Avenue will be planted with such plant species, density and size as was planted on Lot 2 along Hobart Avenue. (2) along the northern boundary of lot 1 a row of 6-T tall white pines, T-8' on center will be planted to achieve winter screening. (i) Pursuant to a recorded "Grant of Drainage Easement', there shall be established a 50' wide X 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W and as illustrated on the Filed Map 0) The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2 (k) All utility connections shall be constructed underground (1) If applicable, prior to construction activity on any of the lots within the subdivision, the project may require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System or a drainage approved under Chapter 236 (m) Concrete property boundary monuments shall be required. Monuments shall be set on the inside corners of outside boundaries of the land subdivided at each point where there is a change of alignment . Except where the boundary is a watercourse, the monuments shall be offset in the line of adjacent traverse. 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. 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. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. !** _ J Oh Ba ag is i Ba eidi B ttaglia STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) p9 On the -f–day of /VUL^I?mh,�rrn.ro /before me, the undersigned, a notary public in and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. ----A— otary Public PATRICIA C.MOORE Notary Public,State of Now York Suffolk County-No.48616$$ Commission Expires June 10,�t Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at the northeasterly corner of the premises about to be described, the point of beginning being monumented by a pipe set in the westerly side of Hobart Road at the division line between premises about to be described and lands of Frederic P. Rich, said point of beginning being distant 176 feet southerly measured along the westerly side of said road from another monument in the westerly side of said road marking the division line between lands of Frederick P. Rich and lands of E. Gates formerly of John Kom and formerly of Hubert Howard; RUNNING THENCE southerly along the westerly side of Hobart Road the following two courses and distances: 1) South 26 degrees 25 minutes 00 seconds East, 282.61 feet to a monument; 2) South 43 degrees 14 minutes 50 seconds East, 156.80 feet to the division line between lands herein described and lands now or formerly of Penney; THENCE along said division line, South 35 degrees 05 minutes 00 seconds West, 145.18 feet to the ordinary high water mark of Town Creek; THENCE along the said high water line of Town Creek in a general northwesterly, southwesterly and again northwesterly direction to the division line between lands herein described and said lands now or formerly of Frederic P. Rich the following (9) courses and distances: 1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet; 2) North 74 degrees 35 minutes 22 seconds West, 73.82 feet; 3) North 56 degrees 35 minutes 27 seconds West, 89.19 feet; 4) North 42 degrees 15 minutes 27 seconds West, 63.27 feet; 5) North 47 degrees 46 minutes 26 seconds West, 66.84 feet; 6) North 22 degrees 18 minutes 44 seconds West, 40.90 feet; 7) North 51 degrees 47 minutes 32 seconds West, 38.54 feet; 8) North 37 degrees 23 minutes 58 seconds West, 83,81 feet; 9) North 18 degrees 59 minutes 27 seconds West, 56.47 feet; THENCE along said division line, North 58 degrees 35 minutes 00 seconds East, 249.27 feet to the westerly side of Hobart Road to the point or place of BEGINNING. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November 28, 2011 2:30 p.m. Executive Board Room, Town Hall Annex 2:30 p.m. Applications Project name_: Seifert Construction Corp. SCTM#: 1000-141-3-44 Location: 11780 Sound Avenue, in Mattituck Description: This proposed site plan is for construction of a new building 3,965 sq. ft. (38'x78' plus a 38' x 6' porch overhang) with approximately 2,191 sq. ft. of warehouse, 773 sq. ft. of display area, 228 sq. ft. of porch and 773 sq. ft. of second floor office to be used as an office, warehouse/custom cabinet workshop on a 11,517.67 sq. ft. parcel in the LI Zone located ap !,y 520' w/o Pack Street on the s/s/o Sound Avenue. Status: Approved Site Plan Pending Final Inspection Action: Review Final Site Inspection. Attachments: Draft Final Inspection Letter 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 2,475 s.f. mix-use building consisting of two store fronts for a 1,100 s.f. dry store & 1,375 s.f. wet store. There is an existing 605 s.f. building proposed to be removed on an 11,561 s.f. parcel. Status: Pending Action: Review draft ZBA comments. Attachments: Draft Comments Project name: La Gran Villa SCTM#: 1000-114-11-12 Location: 13000 Route 25, Mattituck Description: This site plan is for the proposed modification of an existing 3,138 s.f. building to a 16 seat single service restaurant in the HB District. On the 19,857 s.f. (.48 acre) parcel, currently exist a dry store, medical office, Crystal Clear Cleaning Corp. office and storage. There are 22 existing parking spaces on site and no more are proposed. Status: Pendin Action: Status Up-date Attachments: Draft Letter Project name: Battaglia, Joseph and Heidi SCTM#: 1000-64-3-3 Location: w/s/o Hobart Road, approx. 1,059 feet n/o Terry Lane, Southold Description: This standard subdivision is to subdivide 2.32 acres into two lots where �— Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R-40 Zoning_District Status: Conditional Preliminary Approval — Action: Review Final Map, C & Rs and Drainacee Easement. i Attachments: I C & Rs, Drainage Easement Southold Town Planning Board• Page Two November 28. 2011 Project name: Winston, Eve 1 — ------- Location: 3450 Private Road #13, Mattituck SCTM#: 1000-105 1 4 -_-I Description: Standard Subdivision of a 5.58 acre parcel into two lots, where Lot-i—= 1.84 acres (80,003 s.f.) and Lot 2 = 3.7 acres (163,044 s.f.) in the R-80 Zonin District. Status: Pendin -- ------ Action: Review comments to ZBA. ----— Attachments: Staff Report Project name: VON David SCTM#: 1000-78-3-26 Location: 860 Nakomis 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 s.f.) and Lot 2 = 0.71 acres (31,057 s.f. in the R-40 Zonin District. Status: Pending Action: Review for Sketch Approval. Attachments: Staff Re ort Pro'ect name: Stanton, Phil &Jennifer Location: Ma le Lane, Southold SCTM#: 1000 64-1-29 Description: This proposal is for a 3 lot standard subdivision in the R 40 Zoning District. Status: Pre-submission Action: Review re uest forspecial exception to Town Code. Attachments: Staff Report - For Discussion: ■ Town Board Local Law re: Solar Energy Permits • 2012 Planning Board Meeting Agenda f i i I I I I l •�1� M� i' ge I of I Sabatino, Alyxandra K. From: betsy@mooreattys.com Sent: Monday, November 28, 2011 12:04 PM To: Sabatino, Alyxandra K. Cc: Kalin, Carol; pat Subject: battaglia Attachments: signed easement.pdf attached is the signed drainage easement; original dropped off to Town attorney last week. thanks. Betsy Perkins LA Moore Law Offices William D. Moore, Esq. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 11/28/2011 GRANT OF DRAINAGE EASEMENT THIS indenture made this 14' day of November, 2011, by and between Joseph Battaglia and Heidi M. Battaglia residing at 28 Wilton Road, Cold Spring Harbor, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the"Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 located on the southwestern side of Hobart Avenue in the Hamlet of Southold, Town of Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Town Harbor Lane; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto on the condition that the Grantee restore the easement area and landscape the affected area upon completion of construction, installation, maintenance and repairs. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13, 2011, Grantor received Conditional Final Approval for a standard subdivision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ft. and lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District on the condition that a 50' wide X 145.18" long drainage easement for storm water control be granted to the Town; -1- 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises described in Schedule A. 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Avenue as illustrated on Schedule B attached hereto. The easement area for the subsurface culverts and/or pipes is limited to an area that is fifty (50) feet in width as indicated on Schedule B. (ii) To perform such grading, excavation and the installation of such facilities as shall be required for the construction, operation, repair, replacement and maintenance of said culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. -2- 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage. Restoration may include, but is not limited to, replacing affected vegetation. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. B. This easement shall be deemed a "minor utility easement" and the Grantor agrees that the easement area shall be included in the lot area (buildable area)and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. S. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. 9. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. -3- 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. �.16SIEPH BATTAGLI EIDI M. BATTAGL TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this Z day of N0,c,4�, in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA , 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 indtvid al, or the person upon behalf of which the individual acted, executed the instrurrfent. r PATRICIA C.MOORE Notary Publio,State of New York Suffolk County-No.488166D-` Commission Expwea June 10,dQN �_ STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this_day of in the year 2011, before me personally appeared Scott A. Russell, 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 -5- SCHEDULE A ALL that certain plot,piece or parcel of land situate,lying and being at Southold,Town of Southold,County of SutTolk and The State of New York,known and designated as Lot 2 as shown on a certain map entitled"Final Plat of Joseph and Heidi Battaglia",bounded and described as follows: BEGINNING at a concrete monument along the westerly side of Hobart Avenue and at the southeast comer of land to be herein described,said monument being 1,059 feet more or less northerly as measure along the westerly side of Hobart Avenue from the comer formed by the intersection of the westerly side of Hobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly line of Lot 118 as shown on a certain map entitled"Subdivision Map of Founders Estates", filed in the Office of the Clerk of Suffolk County on May 10, 1927 as File No. 834, 145.18 feet to a point along the apparent high water mark along the easterly side of Town Creek; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following six (6)courses and distances: (1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet to a point; (2) North 74 degrees 35 minutes 22 seconds West, 73.82 feet to a point; (3) North 56 degrees 35 minutes 27 seconds West,89.19 feet to a point; (4) North 42 degrees 15 minutes 27 seconds West, 63.27 feet to a point; (5) North 47 degrees 46 minutes 26 seconds West,66.84 feet to a point; (6) North 22 degrees 18 minutes 44 seconds West, 40.90 feet to a point along the southerly line of Lot I as shown on a certain map entitled"Final Plat of Joseph and Heidi Battaglia; RUNNING thence North 58 degrees 56 minutes 00 seconds East along the southerly line of above said map, 223.87 feet to a point along the westerly side of Hobart Avenue; RUNNING thence along the westerly side of Hobart Avenue the following two(2)courses and distances: (1) South 26 degrees 25 minutes 00 seconds East, 105.94 feet to a concrete monument; (2) South 43 degrees 14 minutes 25 seconds East, 156.80 feet to the point or place of BEGINNING. SCHEDULE B ALL that certain plot,piece or parcel of land situate,lying and being at Southold,Town of Southold,County of Suffolk and The State of New York, bounded and described as follows: BEGINNING at a concrete monument along the westerly side of Hobart Avenue and at the southeast comer of land to be herein described,said monument being 1,059 feet more or less northerly as measured along the westerly side of Hobart Avenue from the corner formed by the intersection of the westerly side of Ilobart Avenue and the northerly side of Terry Lane; RUNNING thence South 35 degrees 05 minutes 00 seconds West along the northerly line of Lot 118 as shown on a certain map entitled"Subdivision Map of Founders Estates",filed in the Office of the Clerk of Suffolk County on May 10, 1927 as File No. 834, 145.18 feet to a point along the apparent high water mark along the easterly side of Town Creek; RUNNING thence along the apparent high water mark along the easterly side of Town Creek the following two(2)courses and distances: (1) North 34 degrees 35 minutes 14 seconds West, 17.08 feet to a point; (2) North 74 degrees 35 minutes 22 seconds West, 36.09 feet to a point; RUNNING thence North 35 degrees 05 minutes 00 seconds East through land now or formerly of Joseph and Heidi Battaglia, 161.72 feet to a point along the westerly side of Hobart Avenue; RUNNING thence South 43 degrees 14 minutes 50 seconds East along the westerly side of Hobart Avenue, 51.06 feet to the point or place of BEGINNING. • + P�IL,� PATRICIA C. MOORE l UCS Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax: (631)765-4643 November 22, 2011 Attn: Martin Sidor, Chairman Planning Board Town of Southold PO Box 1179 Southold NY 11971 p;10 2 8 'vil RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Mr. Sidor: With reference to the above, enclosed please find the following: 1. Four mylar prints and 12 paper prints of the health department approved subdivision map 2. My client's check in the amount of $2,000.00 representing the Administration fee. Please note the Park & Playground fee of $7,000.00 was previously submitted to you. The drainage easement has been signed by my client and as soon as we have filed the subdivision map, we will arrange to have the drainage easement recorded. In the meantime, I have forwarded the Easement to the Town Attorney for signature by the Supervisor. The Declaration of Covenants and Restrictions has been submitted to the County Clerk for recording and we will forward the recording information to you under separate cover. Thank you. ftricia ruly yours, . C. oorre� L PCM/bp encls. C: Mr. & Mrs. Battaglia Terry, Mark From: Richter, Jamie Sent: Monday, October 31, 2011 11:23 AM To: Terry, Mark Subject: Batglia Mark I just had a call from Joe Bataglia on Hobart Ave. He was questioning my review of the proposed drainage easement located on his property. The Easement I have reviewed does appear to be what we had requested, therefore it should be satisfactory. Let me know if you need any additional information related to this issue. Jamie James A. Richter Office of the Engineer Town of Southold, New York Jamie.richter(a)town.southold.ny.us Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 October 6, 2011 Attn: Mark Terry Planning Board Town of Southold PO Box 1179 Southold NY 11971 OCT 1 1 1 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Mark: With reference to the above and pursuant to your letter dated October 5, 2011, please let this confirm today's conversation as follows: 1. That the final plat will be amended with item a & b as written. 2. That item c was intended to be as an amendment to the C & R's dated 8/9/11 and that language will be as follows: "The Planning Board is requiring the replacement of the tree by June, 2012. The tree located immediately north of the driveway on lot 2 shall be replaced with a minimum 4" cal i per 'street' tree selected from the Southold Town Planning Board Native Tree List. The tree was approved to be removed due to the poor health and condition of the tree. This tree together with the vegetation located within the natural/landscaped buffer satisfies section 240.17. Technical requirements. Item H,2(n) and section 161- 44 Street Tree Requirements of the Town Code. The planted tr---- shall guarar'itced to survive for a three year period from planting date. In the event that the planted tree dies within the three year period, the tree shall be replaced with a minimum of 4" caliper tree of similar species. A letter shall be provided to the Planning Board indicating the planting date, species and size of the tree." If the above does not correctly reflect the changes you are requesting, please contact us immediately. Thank you. Veryr ours, --Patricia C. Moore PCM/bp C: Mr. & Mrs. Battaglia 1010712011 08:38 MOORE LAW CES A)W1765W P.0011001 PATRICIA C.MOORE -f 2F Attomey at law l 51020 Maio Road Southold,New York 11971 Tel:(631)765-4330 Faxt(631)765.4643 October 6, 2011 Attn: Mark Terry Planning Board Town of Southold PO Box 1179 Southold NY 11971 OCT - 7 "'J, RE: BATTAGLIA SCTM: 1000.64-3.3 Dear Mark: With reference to the above and pursuant to your letter dated October 5, 2011, please let this confirm today's conversation as follows: 1. That the final plat will be amended with item a & b as written. 2. That item c was intended to be as an amendment to the C & R's dated 8/9111 and that language will be as follows: "The Planning Board is requiring the replacement of the tree by June, 2012. The tree located immediately north of the driveway on lot 2 shall be replaced with a minimum 4" caliper'street'tree selected from the Southold Town Planning Board Native Tree List. The tree was approved to be removed due to the poor health and condition of the tree. This tree together with the vegetation located within the natural/landscaped buffer satisfies section 240.17. Technical requirements. Item H,2(n) and section 161- 44.Street Tree Requirements of the Town Code. The planted tree shall be guaranteed to survive for a three year period from planting date. In the event that the planted tree dies within the three year period, the tree shall be replaced with a minimum of 4" caliper tree of similar species. A letter shall be provided to the Planning Board indicating the planting date, species and size of the tree." If the above does not correctly reflect the changes you are requesting, please contact us immediately. Thank you. r ours, ricia C. Moore PCM/bp C: Mr. & Mrs. Battaglia • QF SOV • MAILING ADDRESS: PLANNING BOARD MEMBERS �� TyO P.O. Box 1179 MARTIN H.SIDOR Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G C Town Hall Annex KENNETH L.EDWARDS % �O 54375 State Route 25 JAMES H.RICH IIIl (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI yC�Up 1,,� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 5, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Planning Board decided the following at the September 26, 2011 Work Session. Please amend the Final Plat as follows: a. Re-label "Landscaped Area" with natural /landscaped buffer" to be consistent with C&R language. b. Remove street trees. c. Add the following clause "The Planning Board is requiring the replacement of the tree immediately north of the driveway on Lot 2 with a minimum 4" caliper "street" tree selected from the Southold Town Planning Board Native Tree List. The tree was approved to be removed due to the poor health and condition of the tree. This tree together with the vegetation located within the natural/landscaped buffer satisfies §240.17. Technical Requirements. Item H, 2,(n) and §161-44. Street Tree Requirements of the Town Code. The planted tree shall be guaranteed to survive for a three year period from planting date. In the event that the planted tree dies within the three year period, the tree shall be replaced with a minimum 4" caliper tree of similar species. A letter shall be provided to the Planning Board indicating the planting date, species and size of the tree." Battaglia Page Two October 5, 2011 Please amend the Covenant and Restrictions, dated August 9, 2011, as follows: a. Exclude the construction and maintenance of the driveway providing ingress and egress to Lot 2 from the natural landscaped buffer requirements (Clause f). b. Add language exempting all construction to improve the function and maintenance of storm water control within the drainage easement area as described in the Drainage Easement. c. Included are the drafts reviewed by the Office of the Town Attorney (received October 5, 2011). Please make specified changes. Call my office with any questions. Note that the Draft Drainage Easement (August 9, 2011) shall be reviewed by the Office of the Town Engineer and Highway Superintendent. Additional amendments to the document may be required. Please call this office prior to filing the document with the Office of the Suffolk County Clerk to verify that no additional amendments are required. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin Sidor Chairman cc: Pete Harris, Superintendent of Highways Jamie Richter, Office of the Town Engineer Enc. COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs, AND EASEMENTS SENT TO THE TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: Mark Terry , PRINCIPAL Planner Date: 9-29-11 Name/Department/Contact Number Planning Availability to conference if necessary: Yes Date signature needed_ASAP Type: _Contract _ Lease _X_ Easement _X_C&Rs _ Other Renewal: _Yes _X_ No If yes, expiration date of prior contract: Between Town and Property Owner Term of contract Perpetual Describe nature of contract or detail information relevant to review: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold ' SCTM#1000-64-3-3 Zoning District: R-40 Draft C&R's for review Draft Drainage Easement for review i! OCT 5 2011 Planning Board Conditional Final Resolution � LTc..� Latest Final Plat Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution Required: _X attached Q _ To be drafted by TA Office D SEP 3 0 2011 TOWN ATTORNEYS OFFICE TOWN OF SOUTHOLD DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the _day of 2011 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Hobart Road, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application t,�TA entitled, "Standard Subdivision of Joseph and Heidi Battaglia" prepared by Nathan Taff �A,n Corwin, III, Land Surveyors, and as a condition of granting said approval, the Town of Nyl �pP Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a)Thirty(30)foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on theoled bap. The 30 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be S supplemented with plantings of native and drought tolerant species and a 4' access path 5 to Town Creek on lot 2. S�bjc cA 4-D tou,r�\- 4 10 k1le-e- (b) Trees that are greater than 18 inches in diameter at breast height are shown on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of 1 said trees is permitted and shall include pruning and removal of dead and/or diseased trees that are hazardous to life or property and may be replaced. ` � cz&ke- o i �.—` A- r� OeAl r ( c ) Pursuant to chapter 240-49 Clearing of the Southold Town Code, Baring limits on lot 1 and lot 2 are restricted to 50% of the total lot area. Clearing li its shall be clearly staked and approved by a New York State licensed engineer or s eyor prior to iA any new clearing or grading of the lots. All planted vegetation installed ithin the clearing qi` 1 Mop limits as established by the Planningbard on the approved shall be Ccc�tit guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the I landowner shall replace such vegetation at their expense. Okoi-P 23\, ) (d) The driveway on Lot 1 shall be constructed of pervious material if non- �S}Drmw4q n pervious material is used, drainage shall be provided which complies with the Southold , Town 8F$isage Code and the construction of the driveway to lot 1 shall be excluded from C the buffer conditions outlined herein. (e) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. (f) Except for the driveway to Lot 1, a 20' wide natural/landscaped buffer running along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. (g)As to Lot 1, prior to issuance of a Certificate of Occupancy the following landscaping will be planted and maintained in perpetuity. j (1) the 20'wide naturaMandscape buffer running along Hobart Avenue will be planted with such plant species, density and size as was planted on Lot 2 along Hobart Avenue. (2) along the northern boundary of lot 1 a row of 6-7'tall white pines, T-8' on center will be planted to achieve winter screening. (h) Pursuant to a recorded "Grant of Drainage Easement", there shall be established a 50'wide X 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W and aS t IW4-� Oh ��2 ii; Itd (i) The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2 Q)All utility connections shall be constructed underground (k) If applicable, prior to construction activity on any of the lots within the subdivision, the project may require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System. pr- Q dV-6rqe (1) Concrete property boundary monuments shall be required. Monuments shall be set on the inside corners of outside boundaries of the land subdivided at each point where there is a change of alignment . Except where the boundary is a watercourse, the4wrumnkww�or monuments shall be offset in the line of adjacent traverse. a ' 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. 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. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Joseph Battaglia Heidi Battaglia STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the_day of , before me, the undersigned, a notary public in and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public •RNA Sart GRANT OF DRAINAGE EASEMENT "C i p THIS indenture made this_day of September by and between Joseph Q Battaglia and Heidi M. Battaglia resding at 28 Wilton Road, Cold Spring Harbor, New York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of (ISOW V� New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, p�Q�° New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 3�9- acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 b� located on the southwestern side of Hobart Avenue in the Hamlet of Southold, Town of Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Town Harbor Lane; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto on the condition that the Grantee restore the easement area and landscape the affected area upon completion of construction, installation, maintenance and repairs. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13,011, Grantor received Conditional Final Approval for a standard subdvision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ft. and lot 2 is e Vqual to 57,809 sq. ft. in the R-40 Zoning District on1condition 40* a 50'wide X 145.18" long drainage easement for storm water control;,-Le- 9 rot^k-d +o + 70wh 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises described in Schedule A. 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Avenue as illustrated on Schedule B attached hereto. The easement area for the subsurface culverts and/or pipes is limi that is fifty (50)feet in width as indicated �5 S hedule B. (ii) To perform such grading, excavation and the installation of t _ t such facilities as shall be required for the construction, operation, repair, replacement and maintenance of said r culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damag Restoration may include, but is not limited to, replacing affected vegetation. y6v S b� COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs AND EASEMENTS SENT TO THE TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: Mark Terry , PRINCIPAL Planner Date: 9-29-11 Name/Department/Contact Number Planning Availability to conference if necessary: Yes Date signature needed: ASAP Type: _ Contract _ Lease _X_ Easement _X_ C&Rs _Other Renewal: _Yes _X_ No If yes, expiration date of prior contract: Between Town and Property Owner Term of contract Perpetual Describe nature of contract or detail information relevant to review: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, l Southold SCTM#1000-64-3-3 Zoning District: R-40 Draft C&R's for review OCT - 5 2011 Draft Drainage Easement for review Planning Board Conditional Final Resolution Latest Final Plat Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution Required: _X_ attached (� Q _ To be drafted by TA Office D SEP 3 0 2011 TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the _day of 2011 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Hobart Road, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and 1 WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Joseph and Heidi Battaglia" prepared by Nathan Taft./ __ rVA Corwin, III, Land Surveyors;and as a condition of granting said approval, the Town of `here,nA � Southold Planning Board has required that the within Declaration be recorded in the �,ed Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a) Thirty (30) foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on the6led @ap. The 30 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be \� supplemented with plantings of native and drought tolerant species and a 4' access path \"6\'11 to Town Creek on lot 2. �a (b) Trees that are greater than 18 inches in diameter at breast height are shown J� on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of said trees is permitted and shall include pruning and removal of dead and/or diseased r� trees that are hazardous to life or property and may be replaced. A�r L" %< ( c ) Pursuant to chapter 240-49 Clearing of the Southold TowLthee g limits on lot land lot 2 are restricted to 50% of the total lot area. Clell be ` clearly staked and approved by a New York State licensed engineer or to any new clearing or grading of the lots. All planted vegetation installearinglimits as established by the Planning�ard on the approved e t1t guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the rr.. 1 landowner shall replace such vegetation at their expense. C�ttl1 23 0 , (d) The driveway on Lot 1 shall be constructed of pervious material if non- ;'S}prmvr1 u pervious material is used, drainage shall be provided which complies with the Southold (Wwnelvu�,,f Town 8fatsage Code and the construction of the driveway to lot 1 shall be excluded from e the buffer conditions outlined herein. (e) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. (f) Except for the driveway to Lot 1, a 20' wide natural/landscaped buffer running along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. (g) As to Lot 1, prior to issuance of a Certificate of Occupancy the following landscaping will be planted and maintained in perpetuity: (1) the 20'wide natural/landscape buffer running along Hobart Avenue will be planted with such plant species, density and size as was planted on Lot 2 along Hobart Avenue. (2) along the northern boundary of lot 1 a row of 6-7'tall white pines, 7t.8' on center will be planted to achieve winter screening. (h) Pursuant to a recorded "Grant of Drainage Easement", there shall be established a 50' wide X 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W Gnd aS I Itv Seed On 4,k (i) The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2 Q) All utility connections shall be constructed underground (k) If applicable, prior to construction activity on any of the lots within the subdivision, the project may require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System. pt- Q dYojr u)e (1) Concrete property boundary monuments shall be required. Monuments shall 9 be set on the inside corners of outside boundaries of the land subdivided at each point lNtd A11 where there is a change of alignment . Except where the boundary is a watercourse, the monuments shall be offset in the line of adjacent traverse. a 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. 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. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Joseph Battaglia Heidi Battaglia STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the _day of , before me, the undersigned, a notary public in and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public � , �gj sirt . � • •µms SOmv t GRANT OF DRAINAGE EASEMENTS So �\ 1 THIS indenture made this_day of September by and between Joseph X Q Battaglia and Heidi M. Battaglia resding at 28 Wilton Road, Cold Spring Harbor, New \U�o� Oy York (the "Grantor" ) and the Town of Southold, a municipal corporation of the State of <<S 4 New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, V- New York (the "Grantee"). SV9oq WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 0 \"� k acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 ojey (1,�v located on the southwestern side of Hobart Avenue in the Hamlet of Southold, Town of r") Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Town Harbor Lane; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto on the condition that the Grantee restore the easement area and landscape the affected area upon completion of construction, installation, maintenance and repairs. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13,011, Grantor received Conditional Final Approval for a standard subdvision of a 1101,022 square foot parcel into two lots where lot 1 isegC al to 43,213 sq. ft. and lot 2 is Oqual to 57,809 sq. ft. in the R-40 Zoning District on�condition a 50' wide X 145.18" long drainage easement for storm water control ��� 9 rwn�cd }o 18wh 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises described in Schedule A. -1- 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Avenue as illustrated on Schedule B attached hereto. The easement area for the subsurface culverts and/or pipes is C limited to an area that is fifty (50)feet in width as indicated 5 on Schedule B. (ii) To perform such grading, excavation and the installation of l _ o such facilities as shall be required for the construction, operation, repair, replacement and maintenance of said Y culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damag Restoration may include, but is not limited to, replacing affected vegetation. 5. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 6. This easement shall be deemed a "minor utility easement' and the Grantor agrees that the easement area shall be included in the lot area (buildable area) and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 8. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. 9. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. -3- 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. JOSEPH BATTAGLIA HEIDI M. BATTAGLIA TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this_day of in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA , 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 -4- STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this_day of in the year 2011, before me personally appeared Scott A. Russell, 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 -5- June 14, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Conditional Final Approval: Proposed Standard Subdivision for Joseph & Heidi Battaglia Located on the w/s/o Hobart Road approx.1,059 feet n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2011, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision of a 101,022 sq. ft. parcel into two lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, on March 11, 2009, the Southold Fire District found "adequate fire protection" for the parcel; and WHEREAS, on April 27, 2009, the Southold Town Planning Board resolved to waive the prohibition on disturbance of existing conditions to allow for the demolition of an existing barn, and again on June 9, 2009, to allow for the demolition of an existing house and construction of a new house; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on July 14, 2009 upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia", Battaglia Page Two June 14. 2011 dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III, L.S.; and WHEREAS, on October 19, 2009, the applicant submitted an application for Preliminary Approval; and WHEREAS, on January 11, 2010, a Preliminary Public Hearing was held and closed on the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S.; and WHEREAS, on January 14, 2010, the Suffolk County Water Authority issued a Letter of Water Availability for the action; and WHEREAS, on February 8, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, based upon an uncoordinated review of this Unlisted Action made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on February 8, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S., subject to six (6) conditions; and WHEREAS, on February 25, 2010, the Suffolk County Planning Commission issued one comment on the subdivision relating to the 100' minimum setback required to tidal water bodies; and WHEREAS, on August 8, 2010, the Conditional Preliminary Approval granted on February 8, 2010 expired; and WHEREAS on September 3, 2010, the Suffolk County Department of Health Services issued approval for the action; and WHEREAS, on September 7, 2010, the applicant requested that Conditional Preliminary Approval be extended; and WHEREAS, on October 20, 2010, the applicant submitted a Final Application; and WHEREAS, on February 14, 2011, the Southold Town Planning Board granted an extension of Conditional Preliminary Approval to August 8, 2011; and WHEREAS, on April 11, 2011, the Southold Town Planning Board held and closed a public hearing on the plat titled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 dated and last revised October 17, 2010; and Battaglia Page Three June 14, 2011 WHEREAS, the Southold Town Planning Board heard numerous concerns from the community regarding: 1. The clearing of vegetation within the clearing limits established by Conditional Preliminary Plat Approval; and 2. The clearing of areas other than that necessary to achieve the actions outlined in the waivers granted by the Southold Town Planning Board on April 27, 2009 and June 9, 2009; and WHEREAS, the Southold Town Planning Board required the re-vegetation of the cleared clearing limits/buffer areas established by Conditional Preliminary Plat Approval; and WHEREAS, the applicant has re-vegetated the area, however, the Planning Board deemed the planted vegetation in a certain location on Lot 2 as inadequate in height and density; and WHEREAS, in a June 3, 2011 letter, the Southold Town Planning Board required that the applicant install additional evergreen trees 10' in height in the location deemed as inadequate; and WHEREAS, to further the intent of§240-49. Clearing: the Southold Town Planning Board is requiring a perpetual 20' wide natural/landscaped buffer along Hobart Avenue; therefore, be it RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised October 17, 2010, subject to the following conditions: 1. The following amendments are required to the Covenants and Restrictions submitted on October 10, 2010: a. Clause 1. a. Add an exclusion to permit a 4' access path to Town Creek through the non-disturbance, non-fertilization buffer on Lot 2. Remove the terms "weeds and invasive vines' from Line 4 replace with "known exotic invasive weeds and invasive vines". The buffer is a non-disturbance buffer unless otherwise indicated. b. Clause 1. b., Line 2: Insert "Approved Final Plat ". The reference to "shade trees" is too vague; please clarify the intent of the statement. c. Add survivability language to clause 1. c.: All planted vegetation installed within the clearing limits as established by the Planning Board on the approved Preliminary Plat shall be guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. d. Add a clause: A 20' wide natural/landscaped buffer running along the property boundary described as S 26 degrees 25 minutes 00 E seconds for a distance Battaglia Page Four June 14. 2011 of 282.61' then S 43 degrees 14 minutes 50 seconds E for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of Lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive for a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. Add language indicating that the construction of the driveway to Lot 1 be excluded from the buffer conditions. e. Add a clause indicating the establishment of a 50' wide x 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W. f. A total of 10 wire friendly street trees shall be installed along the eastern property boundary. Street trees shall be guaranteed to survive for a three year period. In the event that the street tree dies, the applicant shall replace such tree(s) at their expense. All trees shall be installed using acceptable tree planting standards. g. Clause 1. d. does not apply to Lot 2. Please amend the clause to apply only to Lot 1. h. Add clause: The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2. i. Add clause: All utility connections shall be constructed underground. j. Add clause: Prior to construction activity on any of the lots within the subdivision, the project will require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System. k. Add clause: Concrete property boundary monuments shall be required. Monuments shall be set on the inside corners of outside boundaries of the land subdivided at each point where there is a change of alignment. Except where the boundary is a watercourse, the monuments shall be offset in the line of the adjacent traverse. Once the changes have been made, submitted and approved by the Planning Board and the Town Attorney's Office, file the Covenants and Restrictions with the Office of the Suffolk County Clerk. The Liber and page number recorded shall also be recorded on each Final Plat. 2. Install additional evergreen trees 10' in height in the buffer area pursuant to the letter dated June 3, 2011. Upon acceptance by the Planning Board, provide a letter detailing the location and specification of planted vegetation within the clearing limits established by the Planning Board on the approved Preliminary Plat. Note this area would include the perpetual 20' natural/landscaped buffer the Planning Board is requiring. 3. Provide the listed Final Plat Amendments on the Final Plat, dated May 28, 2008 & last revised October 17, 2010: Battaglia Page Five June 14, 2011 a. Show a perpetual 20' wide natural/landscaped buffer along Hobart Avenue running S 26 degrees 25 minutes 00 E seconds for a distance of 282.61' then S 43 degrees 14 minutes 50 seconds E for a distance of 156.80 feet. Have the surveyor provide the exact metes and bounds of the buffer on the Final Plat. The buffer is included within the required clearing limits and maintenance activities are limited to removal of dead/diseased trees hazardous to life or property and planting of additional vegetation indigenous to the area. b. Show the proposed location of the driveway on Lot 1. This area will be located through the perpetual 20' natural/landscaped buffer conditions and excluded from the conditions. c. Clearly show the limit of clearing areas on Lots 1 and 2 (as shown on the approved Preliminary Plat). Include the buffer along Hobart Avenue and area adjacent to the North property boundary. Label the areas "Limit of Clearing". d. Show an accurate depiction of the new residential structure and driveway on Lot 2. e. Show the pine tree n/e of the new residential structure on Lot 2. f. Show a 4' wide access path through the 30' Wide Non-Disturbance\Non- Fertilization Buffer to access the proposed dock. This area will be excluded from the 30' Wide Non-Disturbance\Non-Fertilization Buffer conditions. g. Show a 50' x 145.18' wide drainage easement area along the southerly property line of lot#2. This area would be dedicated to the Town of Southold and utilized by the Highway Department for the future installation of drainage that would reduce the quantity of storm water run-off entering the Town Creek. h. Show a street tree planting diagram. 4. Provide a schematic showing the location of the species and specifications of vegetation planted within the clearing limits and 20' buffer adjacent to Hobart Road. The plan will be filed with the Office of the Suffolk County Clerk. Once the changes are made and approved by the Planning Board, please submit 12 paper copies and 4 mylar copies of the final plat with the Suffolk County Department of Health Services approval stamp. 5. Provide a draft drainage easement for the 50' wide x 145.18' long area the Town is requesting for storm water control purposes including a metes and bounds description. 6. Submit a Storm Water Pollution Prevention Plan (SWPPP) to indicate compliance with the requirements of Town Code Section 236 for Storm Water Management. 7. Submit a $7,000.00 Park and Playground Fee ($7,000.00 per created lot) pursuant to § 240-53. Reservation of parkland on subdivision plats containing residential units. 8. Submit a $2000.00 Administration Fee pursuant to §240-37(C) of the Southold Town Code. Battaglia Page Six June 14, 2011 This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs. AND EASEMENTS SENT TO THE TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: Mark Terry , PRINCIPAL Planner Date: 9-29-11 Name/Department/Contact Number Planning Availability to conference if necessary: Yes Date signature needed:—ASAP Type: _Contract _ Lease _X_ Easement _X_C&Rs _Other Renewal: _Yes _X_ No If yes, expiration date of prior contract: Between Town and Property Owner Term of contract Perpetual Describe nature of contract or detail information relevant to review: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Draft C&R's for review Draft Drainage Easement for review Planning Board Conditional Final Resolution Latest Final Plat Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution Required: _X_ attached To be drafted by TA Office i 0 Southold Town Planning Board Work Session - September 26. 2011 - Page Two Project name: Ba"01111 Jo ar Heidi SCTM#: 1000-64-3-3 Location West side of Hobart Road, approx 1,059 feet north of Terry Ln, Southold - Description: This standard subdivision is to subdivide 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R-40 Zoning District. ---. Status: Conditional Preliminary Approval .- ....... .. _.----- Action: Review Final Map,- C & Rs and Drainage Easement. Attachments: C & Rs, Drainage Easement Project name: North Fork Sanitation SCTM#: ' 1000-83-3-4.7 Location: 8475 Cox Lane Cutchogue . Description: FProposal for a transfer station for construction demolition, scrap metal, damaged cars; dismantling with shipping off site, refrigerators, stoves, wood, aluminum; parking of sanitation trucks, trucks, cars and dumpsters. Status: Expired Site Plan _.. Action: Review Town Engineers comments. ........... Attachments: Town Engineer's Comments ------.- Project name: Lieb Vines, LLC SCTM# 1000-83-3-2.2 Location: 222' +/- east of Cox Lane & Oregon Road, Cutchogue -- - Description: This site plan is for the proposed conversion of an existing 5,569 s.f. agricultural storage building to a wine-tasting room and dry storage building, and includes a 10,427 s.f. bluestone parking lot and a 1,440 s.f. brick patio. Status: Pending Action: 1 Review revised site plan. Attachments: Staff Report Project name: Seifert Construction Corp. SCTM#: 1000-141-3-44 .. __ . Location: 11780 Sound Avenue, in Mattituck _..__ Description: This proposed site plan is for construction of a new building 3,965 sq. ft. (38'x78' plus a 38' x 6' porch overhang) with approximately 2,191 sq. ft. of warehouse, 773 sq. ft. of display area, 228 sq. ft. of porch and 773 sq. !, ft. of second floor office to be used as an office, warehouse/custom cabinet workshop on a 11,517.67 sq. ft. parcel in the LI Zone located approximately 520' w/o Pacific Street on the s/s/o Sound Avenue. ......... .....-.. -- Status: Approved Site Plan Pending Final Inspection .-. Action: Review comments from Final Inspection. Attachments: Staff Report For Discussion: ➢ MetroPCS at Junge, SCTM#1000-96-1-19.1 — review of comments to ZBA ➢ G.W. Meade Farm, SCTM#1000-69-5-7.1 — concerns of neighbors ➢ Local Law re: Amendments to Section 280, Zoning, in Connection with Site Plan Approval ➢ Starting Time of Planning Board Work Sessions • MAILING ADDRESS: PLANNING BOARD MEMBERS ��Of SO�Tyo P.O. Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS ;2. • �O 54375 State Route 25 JAMES H.RICH III ly � (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI CUM Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Mark Terry, Principal Planner Date: September 13, 2011 Re: Joseph and Heidi Battaglia Standard Subdivision Application Name: Joseph and Heidi Battaglia Standard Subdivision Tax Map Number: 1000-64-3-3 Location: Southold Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) _X Other DRAINAGE EASMENT (Dated: 9-12-11 ) Project Description: This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. Additional Comments: JAMIE PLEASE REVIEW AND COMMENT ON ATTACHED DRAINAGE EASEMENT. 09112/2011 10:50 MOORE LAW CES117654643 P.0011011 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (831)785-4330 Fax: (831)7854843 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C.Moore. This intbrmation is Intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient be aware that any disclosure, copying, distribution, or use of the contents of this transmission Is prohibited. if you have received this transmission In error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you, TO: �,1�ISN I f� 111��.� FAX NO: DATE:" TOTAL NUMBER OF PAGES INCLUDING COVER SHEET 11 IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: OPERATOR: comments: sE2 � 2 201, 09/1212011 10:50 MOORE LAW Of ¢ )�1176WA P.0021011 � • ��, �, Mme; � PATRICIA C. MOORS Attomey at Law 51020 Main Road Southold,Now York 11971 Tel:(631)765-4330 Pax:(631)765-4643 September 12, 2011 Planning Board Town of Southold PO Box 1179 Southold NY 11971 RE: BATTAGLIA SCTM: 1000-643-3 Dear Brian: With reference to the above, enclosed please find proposed Covenants and Drainage Easement. Please review them and advise if changes are needed. Our approval expires on December 13, 2011 and if the Board is unable to review and comment before that date, no later than November 13, 2011, we respectfully request that our approval be extended accordingly. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Patricia C. Mo PCM/bp encls. C: Mr. & Mrs. Battaglia 0911212011 10:50 MOORE LAW 0ES17651643 P.0031011 GRANT OF DRAINAGE EASEMENT ] RAFT THIS indenture made this_day of September by and between Joseph Battaglia and Heidi M. Battaglia resding at 28 Wilton Road, Cold Spring Harbor, New York (the"Grantor" ) and the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 2.319 acres, more or less, of land identified by Suffolk County Tax Map number 1000-64-3-3 located on the southwestem side of Hobart Avenue in the Hamlet of Southold, Town of Southold, Suffolk County, New York; WHEREAS, the Grantee, for drainage purposes proposes to construct, install, maintain, and repair culvert pipes and leaching pools to provide drainage for road runoff from Town Harbor Lane; WHEREAS, the Grantor has agreed to grant to the Grantee an easement over a portion of Grantor's land as described in Schedule A attached hereto on the condition that the Grantee restore the easement area and landscape the affected area upon completion of construction, installation, maintenance and repairs. NOW THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: WHEREAS, On June 13,2011, Grantor received Conditional Final Approval for a standard subdvision of a 101,022 square foot parcel into two lots where lot 1 is equal to 43,213 sq. ft. and lot 2 is dqual to 57,809 sq. ft. in the R-40 Zoning District on condition a 50'wide X 145.18" long drainage easement for storm water control; 1. The Grantor does hereby donate, grant, transfer and convey to the Town of Southold, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises described in Schedule A. .1. 09/12/2011 10:50 MOORE LAW OFFICES �A1gG117654643 P.0041011 2. The nature, character and extent of the easement hereby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain culverts, pipes, leaching pools on the premises and to repair, replace or remove same as needed for the effective drainage of road runoff from Hobart Avenue as illustrated on Schedule B attached hereto. The easement area for the subsurface culverts and/or pipes is limited to an area that is fifty (50)feet in width as indicated on Schedule B. (ii) To perform such grading, excavation and the installation of such facilities as shall be required for the construction, operation, repair, replacement and maintenance of said culverts, pipes, and leaching pools for the collection of storm water control. (b) The right of Grantee to enter upon the premises at all reasonable times to access the underground drainage features installed and constructed under the terms of this easement. Said easement for access is limited to the 50 foot area set forth in Schedule B attached hereto. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. 4. The Grantee further agrees to pay all reasonable damages to the premises of the Grantor sustained as a result of the construction, maintenance and/or operation of the drainage easement thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage. Restoration may include, but is not limited to, replacing affected vegetation. -2- 0911212011 10:50 MOORE LAW qVES 1765M P.0051011 S. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement. Grantee agrees to construct no fences, walls or other obstructions as part of this project. 6. This easement shall be deemed a "minor utility easement" and the Grantor agrees that the easement area shall be included in the lot area (buildable area) and that the setbacks for the principal structure shall be measured from the property line and not the easement area. This is a material element of this agreement. 7. This agreement and the easements and rights granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 8. Grantee shall indemnify and hold harmless Grantor against all liability associated with its own acts or omissions in connection with the use of the premises. 9. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 10. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. 11. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. -3. 0911212011 10:50 MOORE LAW OFFICES (FA)W176W43 P.0061011 12. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. JOSEPH BATTAGLIA HEIDI M. BATTAGLIA TOWN OF SOUTHOLD By: Scott A. Russell, Supervisor STATE OF NEW YORK ) as.: COUNTY OF SUFFOLK On this_day of in the year 2011, before me personally appeared JOSEPH BATTAGLIA AND HEIDI M. BATTAGLIA , 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 -4- 0911212011 10:50 MOORE LAW tfES17654643 P.0071011 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK On this_day of in the year 2011, before me personally appeared Scott A. Russell, 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 -5- 09/1212011 10:50 MOORE LAW OWS 17654643 P.0081011 DECLARATION AND COVENANT �—`DRAFT SO OLD TOWN PLANNING BOARD THIS DECLARATION made the_day of 2011 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Hobart Road, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Joseph and Heidi Battaglia" prepared by Nathan Taft Corwin, III, Land Surveyors, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a) Thirty (30)foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on the filed map. The 30 foot buffer shall remain undisturbed In perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be supplemented with plantings of native and drought tolerant species and a 4' access path to Town Creek on lot 2. (b) Trees that are greater than 18 inches in diameter at breast height are shown on the Approved Final Plat map and shall be preserved in perpetuity. Maintenance of said trees is permitted and shall include pruning and removal of dead and/or diseased trees that are hazardous to life or property and may be replaced. 09/1212011 ' 10:51 MOORE LAW OYES 901765M P.0091011 ( c) Pursuant to chapter 240-49 Clearing of the Southold Town Code, clearing limits on lot 1 and lot 2 are restricted to 50%of the total lot area. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any new clearing or grading of the lots. All planted vegetation installed within the clearing limits as established by the Planning board on the approved Preliminary Plat shall be guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. (d)The driveway on Lot 1 shall be constructed of pervious material or if non- pervious material is used, drainage shall be provided which complies with the Southold Town Drainage Code and the construction of the driveway to lot 1 shall be excluded from the buffer conditions outlined herein. (e) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. (f) Except for the driveway to Lot 1, a 20'wide natural/landscaped buffer running along the property boundary described as S. 26 degrees 25 minutes 00 seconds E for a distance of 282.61 then S. 43 degrees 14 minutes 50 seconds E. for a distance of 156.80 feet shall be established. The 20' naturalAandscaped buffer is established in perpetuity. The current and all subsequent landowners of lots 1 and 2 shall be responsible for maintenance of the perpetual 20' naturalllandscaped buffer area. All planted vegetation within this area shall be guaranteed to survive a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense, Any changes to trees and shrubs require Planning Board approval. (g)As to Lot 1,prior to Issuance of a Certificate of Occupancy the following landscaping will be planted and maintained in perpetuity. (1) the 20'wide naturaL4andscape buffer running along Hobart Avenue will be planted with such plant apeclas, density and size as was planted on Lot 2 along Hobart Avenue. (2) along the northern boundary of lot 1 a row of 8-7'tal/white pines, 7;8' on center will be planted to achieve winter screening. (h) Pursuant to a recorded "Grant of Drainage Easement", there shall be established a 50'wide X 145.18' long drainage easement running along the property boundary described as 8 35 degrees 05 minutes 00 seconds W 09/1212011 10:51 MOORE LAW 05 �t7654643 P.0101011 (1) The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2 (j)All utility connections shall be constructed underground (k) If applicable, prior to construction activity on any of the lots within the subdivision, the project may require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System. (1) Concrete property boundary monuments shall be required. Monuments shall be set on the inside corners of outside boundaries of the land subdivided at each point where there is a change of alignment . Except where the boundary is a watercourse, the monuments shall be offset in the line of adjacent traverse. 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. 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. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor 09/1212011 10:51 MOORE LAW 010 ES 17654643 P.0111011 to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written, Joseph Battaglia Heidi Battaglia STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the_ day of �, before me, the undersigned, a notary public In and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same In their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public • O f SOU MAILING ADDRESS: PLANNING BOARD MEMBERS �� liy0 P.O. Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERs co Q Town Hall Annex KENNETH L.EDWAFDS • �O 54375 State Route 25 JAMES H.RICH'II (cor. Main Rd. &Youngs Ave.) DONALD J.WILCtNSKI COU Southold, NY Telephone: 831765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 8, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: In response to your letter received on July 31, 2011, the Board has performed a site inspection to determine if the existing vegetation can substitute for the required street trees. In lieu of street trees, the Board is requiring the following for Lot 2: 1. Provide in a perpetual covenant a 20' wide landscaped buffer along Hobart Lane, consistent in species, density and size with the landscape buffer required on Lot 1, to be planted prior to receiving a Certificate of Occupancy and maintained in perpetuity. 2. Provide in a perpetual covenant that a row of 6-7' tall white pines be planted 7 — 8` on center along the northern boundary line and maintained in perpetuity to achieve winter screening of future structures on Lot 2. In addition, the Board is requiring that the following actions be taken prior to Final Plat Approval: 1. The trunks of two trees are buried which can cause the death of the trees. Establish tree wells around the below shown trees to preserve the health of the trees. , s F`y,} 1fF I I � �-�� _ . ���.• In n i Yi "NOW* � J r pp � `o+¢ewh"YR%fes" II � v�• f , <. "� e 1Ar �Ni w rt If you questions, please • • nothesitatetocontact this • Southold Town Planning Board Work Session August 29, 2011 Page Two ....... .... Project name: J44ftftJoseph and Heidi i SCTM#: 1000-64-3-3 Location West side of Hobart Road, approx 1,059 feet north of Terry Ln, Southold Description: This standard subdivision is to subdivide 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R-40 Zoning District. Status: Conditional Preliminary Approval Action: Review request from agent to waive street tree requirement. Attachments: Correspondence from Patricia Moore, Esq , dated 6/30/11; Draft Letter 111,11, .. For Discussion: ❖ Peconic Landing, SCTM#1000-35-1-25 — pre-submission conference 0 t' vu � FN PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 August 9, 2011 Planning Board Town of Southold PO Box 1179 Southold NY 11971 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Mark: August 1, 2011 Enclosed please find four (4) prints of a final plaQlval dated Junast dated 13, 2011. prepared in accordance with the Conditional Final app our request to waive In accordance with our meeting, the Board will be reviewing the street tree requirements. It is my understanding that the Board will be making an inspection to review the need for street trees. you have any questions. Thank you and please do not hesitate to call should Very tr urs, �atncia C. Moore PCM/bp encis. Southold Town Plann*Board Work Session -August 8. Page Two - - - - - T SCTM#:11000-64-3 3 Protect name _.__ -- - Location West side of Hobart Road, approx 1,059 feet north of Terry Ln, Southold J - - - - - - - - - - Description: This standard subdivision is to subdivide 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s f in the R-40 Zonis District. - - Status Conditional Preliminary Approval _ - Action Review request from agent to waive street tree requirement { I Attachments. Correspondence from Patricia Moore, Esq_ dated 6/30/11 _-, Project name Lieb Vines, LLC SCTM# 1000 83-3 2 2 - - - _ Location 222' +/ east of Cox Lane & Ore on Road, Cutcho ue ....I Oregon _. J Description: I This site plan is for the proposed conversion of an existing 5,569 s f I agricultural storage building to a wine-tasting room and dry storage building, and includes a 10,427 s.f. bluestone parking lot and a 1,440 s.f. brick Patio --? I Status_.--- ----� Pending. - -- - --_ -..---- ---------- ------- Action: - Review comments and revised site plan. -------- - — - ----- - ---- --r---- 1 Project name_ �stal_--Clear Cleaning Corp.—__SCTM#_11000_109-7=9.3-_.____-.__..-.� Location 1335 New Suffolk Road, Cutchogue ... . --- - - - ----------- Description. This site plan is for the proposed renovation of an existing two story garage (2,400 s.f. total) to accomodate the offices of Cifarelli's Crystal Clear Cleaning Corp. in the LB Zoning District. There is no proposed change to the existing single-family dwelling; a proposed turf-block j �parkinNc area is included -- _ -_ C Status_ New Site Plan _ ------- Action: Consider accepting application for review review draft ZBA comments _ - I Attachments Staff Report, Check List, Draft Comments to - - - _ Project name: Hampton Hearth (formerlyI SCTM# j 1000 62-3 38 Periwinkle --- — 1 Location southwest corner of NYS Route 25 and Town Harbor Road,Southold 1 approved amended site plan for 2,660 sq ft. storage building: Description: Approved site Ian to convert a residence to a commercial retail store; Status: A roved _ - -- - . Action: Review site for conformance with approved site plans. _ _ -- - Attachments Staff Report _- ------------ 5:30 p.m. Review Public Meeting Agenda For Discussion: 1. Letters for Reply 2. Ovisianik Change of Zone Request, SCTM#1000-97-2-16.5 3. Planning 2012 Budget 0613012011 14:21 MOORE LAW I ES OW17654M n Q P.0011001 C•� PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries June 30,2011 Mr.Martin Sidor,Chairman and 1 ZJ11 Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold,NY 11971 Re: Joe Battaglia SCTM#1000-64-3-3 Dear W. Sidor: In review of the final map and the requested language of the Covenants&Restrictions for the above subdivision,the street tree requirement is misplaced in light of the existing site conditions. We ask the Board to waive the street tree requirement and amend the following language at page three,paragraph 1 (f)in your resolution,and associated language regarding street trees: "A total of 10 wire friendly sheet trees shall be installed along the easternproperty boundary. Street trees shall be guaranteed to survive for a three year period. In the event that the street tree dies,the applicant shall replace such trees)at their expense. All trees shall be installed using acceptable tree planting standards" At the Planning Board's request the subdivision map identifies the trees that are greater than 18"diameter at breast height,and the Covenants require that these trees be preserved in perpetuity. The eastern property line along Lot 1 (Vacant Lot)contains natural vegetation with cedar trees and bushes,will be the location of the driveway for lot 1,and contains several large trees;a 45" caliber Oak tree and a 50"caliber Maple tree. The existing natural vegetation is within the clearing limits and provides a large shaded canopy which will interfere with the planting of street trees. Furthermore, along the eastern property line of Lot 2 (House),a significant 20'wide landscaped buffer has been planted. Within the landscape buffer are a 40" caliber maple,a 20"caliber Oak,a 45"caliber Oak and 28"caliber Oak. The existing conditions exceed the requirement of street trees. The preservation of the existing trees and the Planning Board approved landscape buffer which screens the house meet the intent behind the street tree requirements. Please advise. rq 'gefours, cra C.Moore cc: Joe Battaglia MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SOUTyo P.O. Box 1179 MARTIN H.SIDOR ,�O Southold, NY 11971 Chair y T OFFICE LOCATION: WILLIAM J.CREMERS H Town Hall Annex KENNETH L.EDWARDS % �O 54375 State Route 25 JAMES H.RICH III ly (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COUNTY, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Conditional Final Approval: Proposed Standard Subdivision for Joseph & Heidi Battaglia Located on the w/s/o Hobart Road approx.1,059 feet n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2011, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision of a 101,022 sq. ft. parcel into two lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, on March 11, 2009, the Southold Fire District found "adequate fire protection" for the parcel; and WHEREAS, on April 27, 2009, the Southold Town Planning Board resolved to waive the prohibition on disturbance of existing conditions to allow for the demolition of an existing barn, and again on June 9, 2009, to allow for the demolition of an existing house and construction of a new house; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on July 14, 2009 upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia", 9 0 Battaglia Page Two June 14, 2011 dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III, L.S.; and WHEREAS, on October 19, 2009, the applicant submitted an application for Preliminary Approval; and WHEREAS, on January 11, 2010, a Preliminary Public Hearing was held and closed on the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S.; and WHEREAS, on January 14, 2010, the Suffolk County Water Authority issued a Letter of Water Availability for the action; and WHEREAS, on February 8, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, based upon an uncoordinated review of this Unlisted Action made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on February 8, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S., subject to six (6) conditions; and WHEREAS, on February 25, 2010, the Suffolk County Planning Commission issued one comment on the subdivision relating to the 100' minimum setback required to tidal water bodies; and WHEREAS, on August 8, 2010, the Conditional Preliminary Approval granted on February 8, 2010 expired; and WHEREAS on September 3, 2010, the Suffolk County Department of Health Services issued approval for the action; and WHEREAS, on September 7, 2010, the applicant requested that Conditional Preliminary Approval be extended; and WHEREAS, on October 20, 2010, the applicant submitted a Final Application; and WHEREAS, on February 14, 2011, the Southold Town Planning Board granted an extension of Conditional Preliminary Approval to August 8, 2011; and WHEREAS, on April 11, 2011, the Southold Town Planning Board held and closed a public hearing on the plat titled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 dated and last revised October 17, 2010; and Battaglia Pape Three June 14, 2011 WHEREAS, the Southold Town Planning Board heard numerous concerns from the community regarding: 1. The clearing of vegetation within the clearing limits established by Conditional Preliminary Plat Approval; and 2. The clearing of areas other than that necessary to achieve the actions outlined in the waivers granted by the Southold Town Planning Board on April 27, 2009 and June 9, 2009; and WHEREAS, the Southold Town Planning Board required the re-vegetation of the cleared clearing limits/buffer areas established by Conditional Preliminary Plat Approval; and WHEREAS, the applicant has re-vegetated the area, however, the Planning Board deemed the planted vegetation in a certain location on Lot 2 as inadequate in height and density; and WHEREAS, in a June 3, 2011 letter, the Southold Town Planning Board required that the applicant install additional evergreen trees 10' in height in the location deemed as inadequate; and WHEREAS, to further the intent of§240-49. Clearing: the Southold Town Planning Board is requiring a perpetual 20' wide natural/landscaped buffer along Hobart Avenue; therefore, be it RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised October 17, 2010, subject to the following conditions: 1. The following amendments are required to the Covenants and Restrictions submitted on October 10, 2010: a. Clause 1. a. Add an exclusion to permit a 4' access path to Town Creek through the non-disturbance, non-fertilization buffer on Lot 2. Remove the terms "weeds and invasive vines" from Line 4 replace with "known exotic invasive weeds and invasive vines". The buffer is a non-disturbance buffer unless otherwise indicated. b. Clause 1. b., Line 2: Insert "Approved Final Plat ". The reference to "shade trees" is too vague; please clarify the intent of the statement. c. Add survivability language to clause 1. c.: All planted vegetation installed within the clearing limits as established by the Planning Board on the approved Preliminary Plat shall be guaranteed to survive for a period of three years from final acceptance of the planted vegetation by the Planning Board. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. d. Add a clause: A 20' wide natural/landscaped buffer running along the property boundary described as S 26 degrees 25 minutes 00 E seconds for a distance 0 Battaglia Page Four June 14, 2011 of 282.61' then S 43 degrees 14 minutes 50 seconds E for a distance of 156.80 feet shall be established. The 20' natural/landscaped buffer is established in perpetuity. The current and all subsequent landowners of Lots 1 and 2 shall be responsible for maintenance of the perpetual 20' natural/landscaped buffer area. All planted vegetation within this area shall be guaranteed to survive for a period of three years. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense. Any changes to trees and shrubs require Planning Board approval. Add language indicating that the construction of the driveway to Lot 1 be excluded from the buffer conditions. e. Add a clause indicating the establishment of a 50' wide x 145.18' long drainage easement running along the property boundary described as S 35 degrees 05 minutes 00 seconds W. f. A total of 10 wire friendly street trees shall be installed along the eastern property boundary. Street trees shall be guaranteed to survive for a three year period. In the event that the street tree dies, the applicant shall replace such tree(s) at their expense. All trees shall be installed using acceptable tree planting standards. g. Clause 1. d. does not apply to Lot 2. Please amend the clause to apply only to Lot 1. h. Add clause: The use of synthetic herbicides, pesticides and/or fertilizers capable of entering surface or ground waters is prohibited on Lots 1 and 2. i. Add clause: All utility connections shall be constructed underground. j. Add clause: Prior to construction activity on any of the lots within the subdivision, the project will require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System. k. Add clause: Concrete property boundary monuments shall be required. Monuments shall be set on the inside corners of outside boundaries of the land subdivided at each point where there is a change of alignment. Except where the boundary is a watercourse, the monuments shall be offset in the line of the adjacent traverse. Once the changes have been made, submitted and approved by the Planning Board and the Town Attorney's Office, file the Covenants and Restrictions with the Office of the Suffolk County Clerk. The Liber and page number recorded shall also be recorded on each Final Plat. 2. Install additional evergreen trees 10' in height in the buffer area pursuant to the letter dated June 3, 2011. Upon acceptance by the Planning Board, provide a letter detailing the location and specification of planted vegetation within the clearing limits established by the Planning Board on the approved Preliminary Plat. Note this area would include the perpetual 20' natural/landscaped buffer the Planning Board is requiring. 3. Provide the listed Final Plat Amendments on the Final Plat, dated May 28, 2008 & last revised October 17, 2010: Battaglia Page Five June 14, 2011 a. Show a perpetual 20' wide natural/landscaped buffer along Hobart Avenue running S 26 degrees 25 minutes 00 E seconds for a distance of 282.61' then S 43 degrees 14 minutes 50 seconds E for a distance of 156.80 feet. Have the surveyor provide the exact metes and bounds of the buffer on the Final Plat. The buffer is included within the required clearing limits and maintenance activities are limited to removal of dead/diseased trees hazardous to life or property and planting of additional vegetation indigenous to the area. b. Show the proposed location of the driveway on Lot 1. This area will be located through the perpetual 20' natural/landscaped buffer conditions and excluded from the conditions. c. Clearly show the limit of clearing areas on Lots 1 and 2 (as shown on the approved Preliminary Plat). Include the buffer along Hobart Avenue and area adjacent to the North property boundary. Label the areas "Limit of Clearing". d. Show an accurate depiction of the new residential structure and driveway on Lot 2. e. Show the pine tree n/e of the new residential structure on Lot 2. f. Show a 4' wide access path through the 30' Wide Non-Disturbance\Non- Fertilization Buffer to access the proposed dock. This area will be excluded from the 30' Wide Non-Disturbance\Non-Fertilization Buffer conditions. g. Show a 50' x 145.18' wide drainage easement area along the southerly property line of lot#2. This area would be dedicated to the Town of Southold and utilized by the Highway Department for the future installation of drainage that would reduce the quantity of storm water run-off entering the Town Creek. h. Show a street tree planting diagram. 4. Provide a schematic showing the location of the species and specifications of vegetation planted within the clearing limits and 20' buffer adjacent to Hobart Road. The plan will be filed with the Office of the Suffolk County Clerk. Once the changes are made and approved by the Planning Board, please submit 12 paper copies and 4 mylar copies of the final plat with the Suffolk County Department of Health Services approval stamp. 5. Provide a draft drainage easement for the 50' wide x 145.18' long area the Town is' requesting for storm water control purposes including a metes and bounds description. 6. Submit a Storm Water Pollution Prevention Plan (SWPPP) to indicate compliancep with the requirements of Town Code Section 236 for Storm Water Management. 7. Submit a $7,000.00 Park and Playground Fee ($7,000.00 per created lot) pursuant to § 240-53. Reservation of parkland on subdivision plats containing residential units. 8. Submit a $2000.00 Administration Fee pursuant to §240-37(C) of the Southold Town Code. Battaglia Page Six June 14, 2011 This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 6, 2011 4:00 p.m. Applications C Location_ .-.....- -_. .-.-.. West side of_Hobart Road-Road, ----: 1 1000--- - - ; Project-name: ;� Y SCTM#: i 1000-_64-3-3 __ I __ , approx 1,059 feet north of Terry Ln, Southold i Description: This standard subdivision is to subdivide 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R-40 Zoning District. --- ...._ — -- g --{ r Status: Conditional Preliminary Approval Action: Review ro ect for possible Final Plat Approval at 6/13 Public Mtg. Attachments: Projnm ' James Creek Landing r-.-._.1ectae:. _ 9 __--_ 1-SCTM#: 11000-122-3-1.4 Location_— West side of Main Road, approx 280' south of New Suffolk Ave, Mattituckl j Description: ; This proposal is to subdivide a split-zoned parcel into five lots where Lot 1 1 equals 40,686 sq. ft.; Lot 2 equals 33,007 sq. ft.; Lot 3 equals 44,986 sq. ft.; and Lot 4 equals 43,520 sq. ft. in the R-80 Zoning District. Lot 5 equals 77,747 sq. ft. and is located in the B Zoning District. The open space is equal to 5.59 acres or 60% of theupland _u-land_area. Status:_ _ Sketch Approval _______ Action: _ Review ro'ect for possible Preliminary Plat Approval at 6/13 Public MtGd Attachments ; — - —------ Project name: _ Indian Neck Farm _ 1SCTM#: ; 1000-98-1-27.1 & 2.1_ Location: 4170 Indian Neck Lane, on 133+ acres on the south side of Indian Neck Lane, 646 feet west of Arrowhead Lane, Peconic, in the AC Zoning District Description. ; This site plan is for a change of use of 3 accessory barns from residential; accessory structures to primary agricultural structures for the purpose to stable horses. Barn #1, noted as#17, on the site plan is 5,087 s.f., Barn 1 #2, #18, is 6,885 s.f. and Barn #3, #19, is 5,087 s.f. Also, part of the proposal is a request for an apartment of 1,243 s.f. on the second floor of Barn #2 for the purpose of on-site supervision of the farm, six (6) j proposed 12' X 24' pasture shelters and two (2) 12' diameter silos noted as #20. - .- _--- ---_.-.... ; Status. _....... Pendia - Action: i Review comments & staff reportconsider for possible Approval at 6/13 mtg: _ ------- _ Attachments t Staff Report & Draft Resolution -- - MAILING ADDRESS: PLANNING BOARD MEMBER ��OF S�UlyOP.O. Box 1179 MARTIN H.SIDOR `O Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS • �O 54375 State Route 25 N JAMES J.WILCENSKI So H.RICH III l'YCQ�nrtV (cor.M Rd. h d, NY Youngs Ave.)DO 1!� Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Facsimile June 3, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: On June 2, 2011 Mr. Don Wilcenski, Planning Board Member and Mark Terry, Principal Planner inspected the property to determine if the plantings along Hobart Avenue: 1. Mitigate the clearing of the clearing limits (buffers) established by the Board. 2. Are adequate in height and spacing to screen the new residential structure. The Board has determined that the vegetation planted in the area between the telephone pole south to the multi-trunked maple are inadequate in height and spacing. See the below photo for reference. The Board is requiring that additional 10' Blue Spruce, White Pine, or Cryptomeria be installed to further achieve screening of the structure. Figure 1. Area with inadequate plantings. If you have any questions, please do not hesitate to contact this office. Thank you. Martin Sidor Chair cc: Joseph Battaglia WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 23, 2011 4:00 p.m. Applications Project name: Battaglia, Joseph and Heidi SCTM# 1000-53-4-44.1 & 44.3 Location: west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold ... .. .. Description: This standard subdivision is to subdivide 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R 40 Zoning District. Status: Conditional Preliminary Approval Action: Project Up-date Attachments: None Project name: Winston, Eve SCTM# 1000-105-1-4 .... Location: 3450 Private Road #13, Mattituck Description: This proposal is to subdivide a 5.58 acre parcel into two lots, where Lot 1= 1.84 acres (80,003 s.f.) and Lot 2 = 3.7 acres (163,044 s.f.) in the R- 80 Zoning District. Status: Open Action: Review Staff Report. Attachments: Staff Report Project name: Droskoski and Sepenoski SCTM#: 1000-18-4-7.4 & 7.8 Location: 27835 NYS Route 25, Orient Description: This proposed lot line change will transfer SCTM#1000-18-4-7.8 (0.3185 acres) to SCTM#1000-18-4-7.4 as part of a Stipulation of Settlement. SCTM#1000-18-4-7.4 will increase in size from approximately 40,800 sq. ' ft. to approximately 54,000 sq. ft. Status: Open Action: Review revised map. Attachments: None Project name: Estate of Antone Grigonis SCTM#: 55-1-5.1 & 55-2-8.5 ...... Location: 5410 Youngs Avenue, on the west and east sides of Young's Avenue, south of Old North Road in Southold Description: 80/60 clustered conservation subdivision on 21.5978 acres of land (SCTM#1000-55-1-5.1 and 1000-55-2-8.5) into six (6) lots, where Lot 1 = ' 45,904 sq. ft., Lot 2 = 40,001 sq. ft., Lot 3 = 40,604 sq. ft., Lot 4 = 55,211 sq. ft., Lot 5 = 7.33 acres and is proposed to be preserved through Sale of Development Rights to Suffolk County, Lot 6 = 9.45 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County and Lot 7 = 30,000 sq. ft. of which 2,748 sq. ft. will be dedicated to the Town of Southold for drainage purposes Status: Conditional Sketch Approval Action: Project Up-date Attachments: Draft Letter ....... PLANNING BOARD MEMBER rjf soy • MAILING ADDRESS: lyo P.O. Box 1179 MARTIN H.SIDOR �Q /_ Southold, NY 11971 Chair �O OFFICE LOCATION: WILLIAM J.CREMERS H Town Hall Annex KENNETH L.EDWARDSG.�` �O JAMES H.RICH III 54375 State Route 25 DONALD J.WILCENSKI (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 10, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Joseph and Heidi Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board has reviewed the above referenced application at the May 9, 2011 work session. The following was decided: 1. To mitigate the applicant§ clearing of the buffer established as a clearing limit on the approved Preliminary Platthe Planning Board is requiring that the following plant species be planted along Hobart Rd; a. Leyland Cypress b. White Pine c. Colorado Blue Spruce d. Common Holly A letter shall be submitted to the Planning Board outlining the number of each species and planting specifications. Evergreens shall be 8-10 feet in height and planted staggered 8-10 feet on center. Note that the Planning Board is requiring a three year survivability condition for all planted vegetation. The condition will be outlined in a Covenant and Restriction. Upon completion of planting, the landowner shall contact the Planning Board to conduct a site inspection of the property. If you have any questions, please do not hesitate to contact this office. Sincerely, Martin Sidor Chair SIAWORK SESSION AGENDA THOLD TOWN PLANNING BOAS Monday, May 9, 2011 - 4:00 p.m. Applications . .. — -- - - ----------------------- --Project name: 1 Connecticut Municipal Electric ; SCTM#: 1000-6-8-7 & 3.2 --- -._j-.Ene�rc Y Cooperative -- - - 1 - - -- ---- ----------------i Location 1 1866 Central Ave. Fishers Island I Description: Addition of 993 sq. ft. to the existing 7,144 sq. ft. diesel-electric generator: __ ; facility on a 47, 441 sq. ft. parcel located in the Business District. Status: Final Pending_Inspection -_- ------ — --..- ------------------ .....i Action—:-I Review screernn� a _ ..- - Attachments: i None ------- -..._- ............ — -----------------.-..---.. --- Project name Guadagno, Patrick i SCTM#_j 1000-27-1-2 _-. ---- Location: j on the north side of Orchard Street, approximately 1,008' west of Platt ___....-.-..__.- _....._i--Road, in Orient--- --- — ...- ---- ----I Description: I This standard subdivision- to subdivide a---l--O----a-cre 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 ace. — f Status: Conditional Sketch Approval Action: Review Archeol�cal Report. -- - -- --------- - - -; -- Attachments _- 1 Staff Report_ ....... ----------------------..-........... _ __ .. -.. - -1 --..-. - Project name I Bull Priscilla -SCTM#: 11000-20-1-1-.4 & 1.5 -- -� Location 1 1110 Terry Lane, Orient Description: 1 This 75/75 Conservation Subdivision propo_salill wsubdivide a 19.52 acre; parcel into 3 lots where Lot 1 = 2 acres, Lot 2 = 3 acres (including a 1.66 acre r.o.w.), and Lot 3 = 14.44 acres of preserved agricultural land - the Development Rights were sold to Suffolk County. —... _... .... I Status: ; Pending Action. rRe iew Staff Report - --- — -- - -- - - - Attachments Staff Report __ -------- _— _ — -..-.-... __.-..., Project name. ; Sherwood House Vineyards ! SCTM#-- Location 2600 1000-100-4-5.3 -- — Oregon Road, Mattituck - - - Description: ; This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f., for an outdoor wine tasting area that will 1 include.... a 3,888 s.f. gravel parking lot with connecting paved footpaths Status: New Application - ---- -- ction: Review application for completeness and consider accepting for review - _ Attachments: Staff Report _ ----- - _ --- —- Project name. Battaglia, Joseph and Heidi SCTM# 1000-53 444 1 & 44 3 9 -- __ ..- ..-__ -- Location: west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold ------ _ Description: This standard subdivision is to subdivide 2.32 acres into two lots where Lot 143,213 s.f. and Lot 2 = 57,809 s f. in the R-40 Z__o_ning Distract Status: Conditional Prelimina A royal j ---. __rY _Pp _ ------- _ -. .---- Action: fReview Landscape Plan _. - Attachments. Site Inspection Photos Page Two - South Town Pianninq Board Work Sessjq- 5/9/11 — __Pro�ect name Valero Service Station j SCTM# 1000-102 5 26 --------- ----- _..._ - --- Location. ! 28975 Main Road, on the n/w corner of Main Road and Depot Lane, Cutchoque— Description: 1 This site plan is for the conversion of an existing automotive rep ' shop and gasoline service station to a 1,206 s.f. convenience store d gasoline service station on an 18,473 sq. ft. lot in the Hamlet usiness I Zoning District. - — --- Status tFinal Pendine Infection - -- -- j Action Review site inspection -- — --- __ - - - Attachments Staff Report —_ — .-. _.---- - - ---- - Project name_ Harbes' Horse Barn — [SCTM#: 000-120 1-4 C Location. 715 Sound Avenue, 500' north of the int/rseion of Aldrich Lane and Sound Avenue, in Mattituck _................................----------- --- -----._.. — -- -------- Description: ite Plan for an 875 s.f. agricultural bar _15.5-acre-parcel....... Status: .-Fi I Pending hTeection Action Rev w site inspection. Attachments:_ _ _;_Draft inal Ins ection Letter Project name: ! Southvie Preserve SCTM#: 1000-87-5-21.7, 21.9, j 121.10, 21.11, 21.12 & Location: j on the south s e of in Bayview Road, approximately 900' east of Cedar Drive, in ou old Description: This proposal is t subdivide a 14.54-acre parcel into three lots where r ----- ------- - ---- Lot 1 equals 44 3 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., ' the maining 11.53 acres of the property to be i. ....... preserved open sp Status: Conditio I Final Appro I - — — .... Action. { Revie request for exten on of Conditional Final Approval Attachments 4/1 1 Letter from Ageent 5:30 p.m. Review Pu zc Meeting Agenda For Discussion: ❖ Li Vines, LLC, 83-3-2.1: Review draft ZBA comme s. Proposed Local Law re: Amendments to Chapter 277, Wi d Energy and Chapter 280 Zoning in connection with Small Wind Energy Systems Accessory Apts. PLANNING BOARD MEMBERS QF SO(/ MAILING ADDRESS: TyO P.O. Box 1179 MARTIN H.SIDOR Chair ,`Q Southold,NY 11971 y �Oyy T T OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G JAMES H.RICH III �O �� 54375 State Route 25 DONALD J.WILCENSKIIyCOU,m (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1935 PLANNING BOARD OFFICE Fax: 631765-3136 TOWN OF SOUTHOLD MEMORANDUM Via Facsimile: To: Patricia Moore, Attorney From: Martin Sidor, Chair OA X Date: April 22, 2011 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 It has been brought to the Board's attention that your client is planting trees (landscaping) on the property. Note that this action is in violation of two resolutions that the Planning Board passed on April 28, 2009 and June 9, 2009. Both resolutions include conditions with the following language: "The applicant is not authorized by this resolution to disturb any other existing conditions on the subject parcel prior to Final Approval of the subdivision by the Planning Board." The planting of trees; grading and/or ground disturbance constitutes disturbance of existing conditions and violates both Planning Board resolutions. The Board insists that the action is immediately ceased until a landscape plan is considered. Note, that this Memorandum will not preclude Code Enforcement from taking further action. cc: Members of the Planning Board Michael Verity, Chief Building Inspector Damon Rallis, Zoning Inspector PATRICIA C. MOORE, ATTORNEY AT LAW ` 51020 Main Road, Southold, NY 11971 (631) 765-4330 J DATE TO {. SUBJE 'VJ 143 &qz�T 2U.+p csc �P� PL�/-�-o �� 2 sc sIs SIGNED MAILING ADDRESS: PLANNING BOARD MEMBERS ��I SO(/j�o P.O. Box 1179 MARTIN H.SIDOR h0 Southold, NY 11971 Chair .IL # OFFICE LOCATION: WILLIAM J.CREMERS G QTown Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 JAMES H.RICH III DON DJ.WILCENSKI ��yComm � (cor.MaiSoR h ldYlo`uY Ave.) Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Via Facsimile To: Patricia Moore, Attorney From: Martin Sidor, Chair Date: April 22, 2011 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 It has been brought to the Board's attention that your client is planting trees (landscaping) on the property. Note that this action is in violation of two resolutions that the Planning Board passed on April 28, 2009 and June 9, 2009. Both resolutions include conditions with the following language: "The applicant is not authorized by this resolution to disturb any other existing conditions on the subject parcel prior to Final Approval of the subdivision by the Planning Board." The planting of trees, grading and/or ground disturbance constitutes disturbance of existing conditions and violates both Planning Board resolutions. The Board insists that the action is immediately ceased until a landscape plan is considered. Note, that this Memorandum will not preclude Code Enforcement from taking further action. Cc: Members of the Planning Board Michael Verity, Chief Building Inspector Damon Rallis, Zoning Inspector • MAILING ADDRESS: PLANNING BOARD MEMBERS OF so P.O.P.O. Box 1179 MARTIN H.SIDOR �Q Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G C Town Hall Annex KENNETH L.EDWARDSJAME �p 54375 State Route 25 DONALD J. � J.WI LCIII l�COVill1,� (cor.Main So Youngsho1dAve. 11 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 14, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Close Hearing: Proposed Standard Subdivision for Battaglia Located at 1720 Hobart Road, on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane in Southold SCTM# 1000-143-3-33. Zoning District: R-40 Dear Ms. Moore: A public hearing was held by the Southold Town Planning Board on Monday, April 11, 2011 regarding the above-referenced Subdivision. The public hearing was closed. If you have any questions, please contact this office. Very truly yours, Martin H. Sidor Chairman John and Veronica Neville 2380 Hobart Road Southold, NY 11971 Southold Town Planning Board Town Hall Annex Building APR 14 2011 54375 Route 25 P.O. Box 1179 Southold, N.Y. 11971 April 12, 2011 To Whom It May Concern: We have lived in town for 17 years and have enjoyed the rural area and its natural beauty. We think the Bataglia homes design is beautiful; however it is more like a small hotel. The neighbors in our close community are worried if the subdivision is approved that the Bataglia s will build another monster of size on the adjoined property. This would not be the right thing to approve. In the period of time we have lived and boated here we never noticed erosion along the shoreline which faces south. The dock in question we feel was not repaired in any way. (It is a totally new dock as we have traveled town creek frequently.) huy'Veronica ou for yo r consideration Q� V ca-4 � Neville • e)w R-7-1 J C\ �U --z eke o,,(--I V1 c �t (� Southold Town Planning Board Page Five April 11, 2011 with Henry Smith, who is the property further to the north, Henry Smith had an oversize parcel that at the time was 69,000 s.f. in a one-acre zone. The parcel had Henry Smith's homestead on it, but the balance of the property I think is still vacant. That property was subdivided April 18, 1978 by the Zoning Board. I went searching through the Planning Board records and I couldn't find what the Planning Board had done with that subdivision. For this one and the next one that I'll mention, the Planning Board procedures--at the time on a one-lot was called a "set-off'—would be that it would be presented to the Planning Board and the Planning Board could decide whether or not it required further subdivision. Again, these were subdivided by the Zoning Board. So, for all intents and purposes, the lots were created and then the Planning Board, by way of waiver of the further subdivision application or just by resolution during one of the minutes of the meeting, there would be an approval, but nothing very fancy, certainly not what we have to go through today. Again, I could not find the final Planning Board approval, but we all know that it has been subdivided. The other subdivision that is right next door to the Battaglia property is the parcel that was owned by Frederick Rich. That piece of property was a little more than an acre. However, there were two houses on the property. The Rich Family subdivided what remains I believe of their homestead closer to the water, and then the parcel that is next to us—one of the neighbors who has been communicating with the Board—is the other lot, and the parcel is shown here. The Town records are not always very complete. The Zoning Board approved the subdivision with the one lot being no less than 20,000 s.f.—that would be the Rich homestead—and what would be the larger parcel being about 31,000 s.f. That's the parcel that is directly contiguous to the Battaglia property. I'll put that in your records so that you can see that the subdivision along Hobart has been incremental. There really are very few properties that are large enough to subdivide and those that were large enough to subdivide were in fact subdivided. This one is the first subdivision that does not require Zoning Board applications. It is, as a matter of fact, large enough to create two parcels with upland. Again, this is another rule that has been implemented since then—that we have to have upland of at least one acre—and in this instance we have two parcels significantly over the minimum. I'll put that on the record. I would also point out at this point that in our subdivision—and you see it on the map— the underwater land under the existing dock is privately owned. The existing dock was issued a permit back in January of 1993 as an 8' x 85' grandfathred dock. It being a permitted structure, it has subsequently been repaired by the prior owners and Mr. Battaglia. Finally, you have in your file a DEC permit. Once the lot is created, then at that time the Town's wetland ordinance #275 allows Mr. Battaglia to go in and seek a permit for a dock. That can't be accomplished until a separate lot is created. But in your files you have a DEC permit for a dock on the improved residential parcel. That all being said, I am going to sit down, wait for comments and respond. Martin Sidor: Is there anyone in the audience wishing to comment on the subdivision? Joseph Fischetti, 1725 Hobart Road, Southold: Good evening, I live across the street from Mr. Battaglia. I've been in contact with Mr. Battaglia for a couple of years now, seeing he's across the street. He is a very shrewd and intelligent person. Anyone who Southold Town Planning Board Page Six April 11, 2011 is building a multi-million dollar house has to have some smarts. He is the owner of the property, he is the developer of the subdivision, and he is the builder of the house. He has an intimate knowledge of every aspect of that project. Nothing goes out without him knowing it. All the maps that are submitted to this Board from Nate Corwin get directed by Mr. Battaglia. I'd like to start out tonight talking about haybales. This will give the Board some insight how information has been controlled, and it also gives some background to the people in the community historically what went on with this project. On January 21, 2009, the original wetland permit was issued. It was issued for a demolition and other work, and the demolition of the barn and other work that was done on the property. In that permit, it specifically talked about a line of staked haybales with silt fence along a 10' contour. That's pretty specific. After that point, Corwin submitted a map dated April 18, 2009. This is an important map. This was used for the Sketch Plan and for the Preliminary Approval. That map contains the 10' contour. There are notes on the map that this contained the Trustees haybale line. It also contained the clearing limits that the Board required. On June 9, the Planning Board approved the applicant to build his home with a waiver which is not required by the subdivision requirements that an applicant can build. So this Board granted the builder a waiver to build his home during the subdivision process. At that point, when Mr. Battaglia had your waiver in hand, he also had the April 18, 2009 map. Now that map gave him the ability which gave him restrictions of setbacks. He gives that map to his architect and he says "Build me the biggest house that can fit on this property." And the drawings take some part of the end of the year of 2009 to complete. When that drawing is done, we end up having a house that sits on the 15' sideyard, it's 2 or 3 feet from the front yard setback, it's 2 or 3 feet from the rear yard setback, and it sits right on the 10' contour which was the haybale line. The Board doesn't know this, but when I reviewed the documents at the Building Department, it's within 6" of the height requirement of the Town. This is the biggest house that can fit on the property. When Pat starts talking about other houses on Hobart—a building envelope is basically where you can put the house somewhere in the envelope. It's not how big you can fit this house on a piece of property. But let me go further. He finishes his architectural drawings and he needs a building permit. But he can't get a permit until he gets a wetlands permit, which is for the house. He goes to the Trustees and says "I have wetlands—I want to get an amendment to the existing wetlands permit." But that wetlands permit has the haybale line on the 10' contour. So he asks for an amendment for the plan asking to build a house and to move that haybale line 30' to the south. Now he submits drawings with that new haybale line. The drawings are in the Trustees office showing that haybale line 30' away. The amendment that was in the Trustees office is February 24, 2010. Mr. Battaglia gets his permit from the Building Department using that Trustee map done on February 24th. But the applicant never supplies the Planning Board with that new information. That's what is confusing to me because the Planning Board still had and still used the April 18, 2009 with the old haybale line. He never submitted to this Board that change, because he was afraid if he changed anytime because during construction his preliminary approval expired—during construction. So he needed to come back to you for an extension on that. Now, he knew that information was available. He never changed that—he didn't want to change the preliminary map of April 18 because that showed a different haybale line. So this Board basically approved his amendment to his extension with incorrect information. Southold Town Planning Board Page Seven April 11, 2011 The maps today that you have in front of you for the Final still show the old haybale line. Those are incorrect. This is a little bit of manipulation. Ms. Moore is going to say "Why are we talking about haybales?" It is just the issue that the applicant doesn't control what information goes on the maps—you people do. And that's what has happened all through this: control of information. I'd like to talk about clearing and trees. Section 240-49 ¶A: "Clearing and Vegetation and/or Grading is permitted only within areas designated by the Planning Board and as shown on the final clearing and grading plan." ¶D: "The clearing limits shall be clearly staked and approved by NYS licensed engineer or surveyor prior to any clearing or grading." Those clearing limits were never staked. The applicant cleared both of the lots by more than 90%. Those were two of the requirements that this Board gave in the Waiver. I'd like to read that Waiver into the minutes. This is the Planning Board Waiver of June 9, 2009: "The resolution is subject to the following conditions: (3.) The applicant shall identify significant trees on the plan and indicate how they will be protected during demolition and construction." That was not done until October 18, 2010 after construction, and I'll go over that with you. "The waiver of this restriction on disturbance of existing conditions extends only to the proposed area of Lot 2 and necessary to accomplish the demolition of the existing house. Construction of the new single family dwelling: no clearing of vegetation beyond that area necessary for the actions allowed." "(7.) No clearing of trees, shrubs or other vegetation either beyond that necessary to accomplish the demolition of the existing dwelling is authorized. The clearing necessary must not be greater than Section 240-49, meaning no more than 50%." So, Mr. Battaglia did not comply with the requirements of that Waiver. You gave him that as a gift. I'd like to read the Corwin letter and the Corwin map of October 18, 2010. Both of those, the letter and the map, are deficient. The letter from Nate Corwin: "This letter is to confirm the existing clearing and tree locations for the above premises. Upon field inspection by myself, October 17, 2010, 1 have located and verified existing limit of clearing and have shown it to be on the attached map—Note 5. Also have verified the location of significant trees that are shown on the attached map which are to remain. All trees are shown on the map as intact." Mr. Corwin did not use the definition that I gave you earlier in the Code to write this letter, and the definition was not used to locate clearing on this. I beg to say that again, it doesn't take an engineer or a surveyor. All this Board has to do is take your April 18 map which showed clearing limits and walk out there and see where it's been cleared. Lot#2 is cleared almost 90%. It's been disturbed almost 90%. Lot #1 is completely. There is mulch everywhere. He has touched every square inch of Lot#1. Southold Town Planning Board Page Eight April 11, 2011 Now, significant trees. Not all the significant trees have been shown. When I read that Corwin letter and I saw this map, it scared me. Because there are three 60' pines in the front of that house that are buffering that monster and it's not shown on any of those maps. There are many significant trees on that property that are not shown on that map. Scares the hell out of me, because one day he's in there with his backhoe working late at night—those trees are coming down. The applicant did not comply with the restrictions of the waiver allowing him to construct. Very bad. I recommend that the Planning Board void the waiver and issue a stop work order. Now you can't issue a stop work order, but you could void your waiver. If you void the waiver, he has two options: he can continue to work and lose his subdivision because you've now removed the waiver from that property. Or, he will stop and negotiate and solve the problems that have happened on this property. Now he has completely ignored all those restrictions. Now you could think about that. I'd like to talk about buffers. Pat talks about again subdivisions. This is the biggest house ever. This is like seven times bigger than anything on that property. We need to be protected from people like that. He thinks only of himself and he's always thought only of himself. We need screening buffers along Hobart Road. All along Hobart wherever there isn't the driveway we need to have screening. There should be screening along both the south side and the north side. I recommend that the screening should consist of 12' tall Leland Cypress placed 6' on center. That would give a complete—they are fast-growing trees, the deer don't eat 'em, and those are the buffers. There should be a Performance Bond required to assure that the buffers are installed. There should be a three-year maintenance bond to replace any trees if they are dead, and there should be Covenants & Restrictions placed on those buffers that they can't be removed and they must be maintained. Now I know that the Board is as disturbed on this project as the neighborhood is, and you'll hear more from the people behind me. This Planning Board granted a waiver of the subdivision regulations to Mr. Battaglia as a courtesy. Mr. Battagllia took advantage of that waiver and did not comply with those restrictions that were given very specifically. The Board may find a more cooperative applicant if he is forced to stop work. You may find a lot more community behind me talking, but I think it's really important that you will find after hearing the rest of the community that you're gonna really be obligated to void that waiver to make this community feel like they are listened to. Thank you. Martin Sidor: Thank you, Joe. Is there anyone else in the audience who wishes to address the Planning Board? Karen Hoag, law firm of Twomey Latham Shea on behalf of Andrew Simmons, owner of house immediately to the north of the proposed subdivision at 1580 Hobart: Good evening. We oppose the application as we don't want the same disastrous events which have taken place on the lot under construction to happen to the vacant lot. I am here to respectfully request the Planning Board to remedy the situation. Most of the conditions set forth in the Planning Board's waiver of June 9, 2009 have been ignored by the applicant as Mr. Fischetti has told you as well. This Board recognized in their Southold Town Planning Board Page Nine April 11, 2011 November 1, 2010 letter that the applicant has overcleared property and cleared into the non-disturbance buffer. While Ms. Moore states the applicant will replant and has only cut down dead trees, we are very concerned that this will happen again because the trees that were cut were not dead. We want assurances that this does not happen on the vacant lot and we want the overcleared areas replanted. At a minimum, we request that any decision be postponed until trees that are existing on the lots be documented and correctly reflected on the Plans, also correcting the right amount of trees that are on there—I think some of the trees next to Mr. Simmons' property there are only two trees identified on the Plan. I have a photo of the side yard which I can give to the Board. Besides the fact that Mr. Battaglia has a propensity to construct large homes out of character with the community, he has destroyed wetlands and cut down trees beyond the clearing limit lines. To ensure that this travesty be prevented on the vacant lot, we propose that you consider the following: increasing the sideyard setback on the lot between Mr. Simmons and the subdivision from 20' to 40', mandating that Mr. Battaglia plant an evergreen buffer to provide adequate screening and to ensure privacy. Document the trees that are in existing on the plans. We are very concerned that the trees will not be protected if they are not on the plans which you have in front of you. We also request that the height of any house constructed on the vacant lot be limited to 25' by covenant. Regarding the existing dock, which is located very close to Mr. Simmons' property, it was not repaired but it was actually replaced. If you have been to the site, you can see that is not a repair job. Rather than an access easement for use of the illegally constructed dock, we suggest moving it. Require that the Battaglias install the dock in the middle of the two lots in the subdivision. If the dock is to be used by both lots, it should be in the middle of the subdivision, not right near the property line of the neighbors. Also, if the new dock is allowed to stay on that particular lot, which we are calling the vacant lot for now, there is no main residence on that property and the applicant should get a variance because it is an accessory structure. Putting a dock there is against Town Code. We request more restrictions on construction hours, such as not working on weekends and not working late into the evening with machinery. Over the past two years, the applicant has worked on the property into all hours of the night. I implore you as a Board to protect the character of this beautiful community and take control over this situation. In addition, I would like to read a letter sent to the Board yesterday from a neighbor who couldn't be here this evening: "We are homeowners next door to the Battaglia structure. We strongly agraee with all our neighbors about the subdivision approval on the property. After seeing how we were deceived by what was built next to our home and watching horribly as beautful trees and wetlands were destroyed, you can understand our concerns about what will be done to the other piece of property. Hobart Road will never be the same because of that structure that was built, and another one would be beyond disastrous. Please give careful consideration on what will be allowed on the second piece of property. Sincerely, William and Robin Penney, 2200 Hobart Road, Southold" Thank you. Martin Sidor: Thank you. Anyone else in the audience? Please. Southold Town Planning Board Page Ten April 11, 2011 Jeanmarie DiNoto, 1634 Founders Path. I live around the corner. I just wanted to ask you, Ms. Moore: how many square feet is the proposed house supposed to have? I didn't hear you. I am hard of hearing, I didn't know if you said it. Patricia Moore: Which one are you talking about? Jeanmarie DiNoto: What is the largest house that he can put on the property? Patricia Moore: Are you talking about the vacant lot? Jeanmarie DiNoto: Yes. Patricia Moore: It's based on the building envelope. The zoning code allows you to build up to 20% of your lot, whether it's house, accessory structures, whatever. In this case, my client has the larger property and this house and the garage is 11.9%. Jeanmarie DiNoto: What does that translate to, because I'm not too good at—is it 2,000 sq. ft., 3,000 sq. ft.? Patricia Moore: The house itself is about 5,300 and the rest is the garage footprint. Jeanmarie DiNoto: Are you talking about the present house? Patricia Moore: The one that's under construction. Jeanmarie DiNoto: I'm talking about.... Patricia Moore: There is no plan for the other lot. Jeanmarie DiNoto: I'm just asking about the subdivision: how big a house can be put on that section, that's all I'm asking you. Patricia Moore: On the one-acre lot? Jeanmarie DiNoto: Yes. Patricia Moore: 20% of 40,000. Nobodoy builds an 8,000 sq.ft. house, but I guess technically you could build an 8,000 sq. ft. house. That's 20% of a one-acre parcel. Jeanmarie DiNoto: Did Mr. Battaglia originally apply for—you said 53...... Patricia Moore: Yes. He asked the Building Department for exactly what he is building today. Jeanmarie DiNoto: I imagine all of you are residents of the Town of Southold. During the construction, did any of you go by and see how big this house was going to be that you granted? Southold Town Planning Board Page Eleven April 11, 2011 Martin Sidor: We have all made visits. Patricia Moore: Understand the Planning Board doesn't approve the size of the house. That's the zoning code. We all live under the same rules. So, if somebody brought your property and demolished your house and wanted to build 20% of your lot, they could build whatever size is up to the zoning code allowance. Those are the zoning rules of the Town. Jeanmarie DiNoto: I think that's why we are all here. Because we don't want Patricia Moore: I understand. But the Planning Board's jurisdiction, or what they look at is the size of the property and where the property line falls on the property. And whether or not we have adequate acreage to create two lots. That's what we have presented to the Board throughout. Jeanmarie DiNoto: OK, I understand. And you understand our concerns also. Patricia Moore: I understand. I live in the neighborhood. I live right across from the old Lafanier House—the May House. That house is probably twice the size of the Battaglia House. Jeanmarie DiNoto: It's very attractively placed on the property. Mr. Battaglia's house is very attractive also, it's just enormous for the property. Patricia Moore: The problem always comes about that our rules now push all the houses as close to the road as the zoning allows. The big houses used to be able to be pushed towards the water. A big house would be big but you'd see them closer to the water. Jeanmarie DiNoto: If he were any closer to the water, he'd be in it at this point. Patricia Moore: No, they're 75' from wetlands, so we're about 100' from the edge of the water. Jeanmarie DiNoto: Well, that's pretty close. All right. Thank you. Martin Sidor: Thank you. Patricia Moore: I would like to address some of the points? Is somebody else going to speak? Oh, more, OK. I'm trying to writedown so I can respond. Paul Friese: Good evening ladies and gentlemen of the Board, I live in the property to the north of Mr. Battaglia at 1580 Hobart Road. There are some points I'd like to answer in Ms. Moore's initial statement that have to do in part with the... There are many points; I've been taking copious notes as we have been going along here. I just find a lot of this very, very surprising. Before I get to those points, however, the primary concern that I and many of our neighbors have is the construction as Mrs. DiNoto Southold Town Planning Board Page Twelve April 11, 2011 brought up of what is going to be constructed on this proposed new subdivision. Initially, all of the adjoining neighbors were submitted a plan for a given property and structure that was going to be built on what is now Lot #2, or the current construction. We found out subsequently, however, that through either sleight of hand or legal chicanery that an amendment to that proposal was given to either—I don't actually even know to whom it went—to the Planning Board here or to the Zoning Board or whomever. Regardless, adjacent property owners were not notified of the significant change in plans. The initial property--and actually I called to question that this house is actually 5300 sq. ft. I really cannot believe that—maybe one story is 5300 sq. ft., but it is a 2-1/2 story structure. This thing can be seen from space. Take a look at Google Maps and you can see just exactly the scale of the structure. The other thing that I am very very concerned about too is the placement of the garage, and also that the garage doors face the creek. On the maps which we currently have been shown and which are also posted outside the meeting room, there is no provision for exactly where driveways are going to go for the many vehicles that are doubtless going to be coming in and out of this property--again, at all hours and God forbid for the poor people across the creek who have to deal with headlights pointing across at them and then swinging around to pull into the driveway. Going back to my points with Ms. Moore and regarding the reventments that sadly got approved by the Town Trustees, the initial applications— they were denied by the DEC and the erosion that's going on there is arguably caused by the massive topographical changes which Mr. Battaglia has affected to the property. At this point in time, beyond the spoils from the digging out of the foundation of the property, there have been significant changes to where the wetlands have been filled in, and the massive amount of wood chips that are all over the property. So it's arguable that by having changed the topography of the property between the house and the wetlands, this is where this erosion has come from. The erosion was not a problem before; but the previous house that was demolished, known as Wills Way, was there. Insofar as the protected trees, there are many more trees that were taken down than are necessary for construction. Many many more. This point has been brought up before, but I really do believe that it bears repeating. The lots have been, for all intents and purposes, virtually cleared—virtually totally cleared. And that is a crime. Insofar as the subdivision of other properties on Hobart Road--it's apples and oranges. It is truly apples and oranges. Yes, these properties were subdivided, and it was allowable. But no structures anywhere near the ilk of what has gone up at this property are even—this is like incomprehensible that a comparison has been made between those two things. It's not an issue so much that the property is going to be subdivided, but what is the scale of the structure that's going to be coming up on this property? Forgive me for repeating myself, but this really does bear repeating. Mr. Battaglia has shown a propensity to build to the absolute maximum allowable within inches of what the law allows. But what we are trying to prevent or forestall is the same sort of thing happening again. Another structure has gone up in our neighborhood during this construction which is at the end of Old Shipyard Lane and Founders Path, which is a prefab construction house. Again, I am not arbitrating taste. We are not trying to set up an Architectural Review Board by any stretch of the imagination. However, when that structure went up and did go up within the limit of the law, it towered over its neighbors. There are three houses on the eastern side of Hobart Road which now have their backyard views utterly destroyed. What they are looking at now is 2-1/2 Southold Town Planning Board Page Thirteen April 11, 2011 stories of vinyl siding. We don't want to see this happen on this property too. It very s tot well might. Insofar as the dock is concerned, the dock was not repaired, the dock was r completely rebuilt. The Trustees are aware of this. They also gave him the stipulation that the dock has to be removed and rebuilt by June 11 of this year. I understand that there is litigation going on regarding that. This is another example of how Mr. Battaglia sidesteps recommendations. It was clearly stated—no question about that whatever. Finally, once again, we as neighbors—the adjoining neighbors—particularly the Penneys and the Simmons and myself—feel particularly deceived by this process of having been apprised of one structure being built and because of not being notified of significant changes to the proposed property another structure went up in its place. That, with much vitriol, is what I have to say. Thank you all for your patience. Martin Sidor: Thank you. Are there any other neighbors that wish to speak? Jamie Davis: I'm a lifetime resident of Hobart Road. Good evening everybody, how are you? Nice to see you again Mr. Sidor. I drafted a letter which I faxed to you Friday night so just for the record I'd like to read it if I may: "To the Southold Town Planninng Board, To whom it may concern: I am writing to voice my complete opposition to the development and subdivision of the Battaglia property on Hobart Road. The current construction is totally out of context with the adjoining property and neighbors. Such expansionism degrades the overall cultural, architectural and social integrity of our entire community. This is an historical area that is traumatized with the dramatic speed and breadth of growth in the heart of its backyard. Having spoken with a majority of the people who live in the area, noone--and I mean absolutely noone--wants to see any more structures like this built in the vicinity in which we live. I've grown up on this street all my life and have always been proud to say that I know every tree by name. Now some of those trees are gone. I am personally heartbroken by what has occurred here on Hobart Road and find it hard to walk by the Battaglia catastrophe. If anybody knows old Mr. Jimmy Rich, to quote him, he's heartbroken. Please hear the voices of all those who contact you in opposition to the continued development of this property. Above all, please hear us when not just myself, but all of us are opposed to the subdivision of this lot. To do so would be a disaster. This is also not the first time I've had to be at a Board meeting with Ms. Moore presiding over, going under the radar with construction that should never have been allowed to begin with. Including that house on Old Shipyard Lane and Founders because that house was going to be pre-approved for a 25% expansion before it was even finished. And they put a door on the second floor for a balcony that never even existed. So we are here sittting again now with—this is a small street, working class families, working class homes, retirees, summer people. It's no question that this is totally out of character with what is going on in our community. One of my adopted grandfathers was my neighbor, Alvah Goldsmith, who sat on this Board for 25 years. I kind of miss him now because he used to tell me that back in the old days he believed his family were pirates—which is what I do for a living when I have grown my beard back. He would just sit there and say "By golly, Jamie, we're gonna go get 'em!" I believe that he would be sitting here today saying "Go get 'em!" Let's not have any more of this going on. Thank you for your time. Martin Sidor: Thank you. Yes? Southold Town Planning Board Page Fourteen April 11, 2011 Diane Pietrodangelo, 1585 Hobart Road: I am the current resident and the newest resident on Hobart Road. The house was deeded to me at the death of my parents about a year or so ago. I had written in February asking that you consider a hearing; I faxed the letter. I also mailed it—it came back to me "insufficient address" even though I had your entire address and post office box on it, so hopefully you received that fax. I came up from my current residence in New Jersey because I haven't been able to sell my house yet. Eventually I plan to live in Southold. I've been coming here since probably a teenager—I'm now currently 60 years old, so it's been quite a long time and I'm sure some of you may have known my parents—they've owned various houses and First Town Florist in this particular town. I chose when my father left me the house to keep it because I would evenutally retire here; it's a beautiful neighborhood, he's always talked about the values of this town. Seeing what has happened across the street from me, I'm very concerned as my other neighbors are about the subdivision and I know that it's your requirement to decide if it should proceed or whatever. But 1 would ask that if it does go forward that you please consider whatever needs to be done to buffer the area from the rest of the residents. My house actually now sits directly across the street from the vacant lot, and I mean vacant. I never could see the creek growing up. I can see the water—all of it. Every tree that's there is totally—most of it's gone. As I said I live in West Orange, New Jersey. 1 made the effort to come up here because I thought this was important. I just would ask you to consider everything that the rest of the neighbors are saying and hopefully do the right thing by the neighbors that have been here quite a lot more years than 1 am. Hopefully I'll be here quite a lot of years. Thank you very much. Martin Sidor: Thank you. Anyone else in the audience? Any neighbors? OK. Rebuttal. Patricia Moore: I'll try to address some of these points. I guess I understand now why this subdivision process has taken so long and so difficult for us because I have heard so many exaggerations at this hearing that it explains why at every point in time we were asked to submit surveys, plans, affidavits. It seemed like the DEC would come to your property every month to check on something, the Trustees would check on things. It was constantly being monitored. As far as Mr. Battaglia's cooperation—Joe Fischetti is a friend of mine, but I disagree with him here. He has been extremely cooperative throughout the whole process. He has worked closely with Tamara before she left. Absolutely every time something has been asked of him, he has provided it at great expense, but nonetheless it has been our obligation in a sense—you have thrown the obligation to us every time to prove or disprove what are the allegations that the neighbors raise. To begin with, there is no conspiracy with respect to the hay bales and silt fence line. The surveyor starts with a haybale silt fence line on the map during the construction prior to construction and through the Trustees permitting process we had to actually locate the haybale line, put the silt fence. The Trustees go out, they do a site inspection—it's part of the payment of the fees that you prior to construction. They inspect and they give you the first inspection and the first inspection of the multiple inspections the Trustees will have is the haybale silt fence line. So that was installed once construction began. It took longer. They haybales and silt fence obviously with Southold Town Planning Board Page Fifteen April 11, 2011 weather, the rain and so on started to deteriorate. He was asked to go and put some more haybales and put the silt fence in such a way that so it would be restored. He did that immediately. He ordered up 40 more haybales and all of them went up again. The DEC has been called by the neighbors and they've gone and inspected and they too say everything is fine. You're doing what you are supposed to be doing. As far as clearing limits, if you recall the reason that the Board waived and allowed him to build is that this property was already developed. There was already a house there. The house was in very poor condition. It was going to be demolished and Mr. Battaglia is building his own house. This is not class warfare here. Yes, he is building a large house. God bless him, he has done well for himself. He is a working person just like all of us. He runs his own business. He is not a developer. To the extent that he bought this property and saw that this property could be subdivided, it did not take a brain surgeon to figure that out. Since I moved out here, people have known about this property and said `oh yea, that property will one day be subdivided" because it was so large. Imagine the complaints if the lot—not Mr. Battaglia because he is building the house of his dreams—but let's say somebody else were to have bought that property and built 20% of 2-1/2 acres. That could have been a much larger house. So to the extent that this property is being subdivided, the house is being developed within the bounds of the zoning code, all to comply with the code. So, noone here yet has alleged—because it wouldn't be true—that he has violated any of the zoning provisions. He has followed it completely. As far as 90% of this property has been cleared: again, an exaggeration. The surveyor was asked, go back, look and see, have we met the subdivision requirements for this parcel. After subdivision would be that this property must maintain 50%. You're allowed 50% clearing. Again, clearing means you 're gonna take everything down. Here the amount of clearing that was done was to take down an existing house, an existing sanitary and existing miscellaneous patios and structures that were already on the property. He's building a house, building patios and building a sanitary system. All those things require clearing excavation. That is all being done and that is what is necessary to build the house. So to the extent that the Board allowed him to continue and said "listen, we don't want you to clear beyond what you need to clear for your house construction". That's precisely what he did. The property goes from Penney's property line all the way over to the other end. The area that we are dealing with is the area of our proposed lot. That still has the entire area, the non-disturbance buffer which again is going to be imposed by the Planning Board when we have a subdivision lot and filed map. We were following the Trustees non- disturbance buffer and all of that was being done with the Trustees review absolutely before anything was being done to the property. He went to the Trustees, he asked the Trustees, they went on site inspections, they actually hand-drew the particular trees that were going to be taken out right from the beginning. I have here from December of '08 the drawing you had given to the Trustees originally. This one actually had the stones that he wanted. The concern about erosion was occurring right from the beginning. Back in Dec. '08 shortly after he purchased the property, it was obvious that there was some erosion taking place on the south corner of the property. There was a large stump of a tree that had the root system there. That too, was being eroded away between the stump and the sand, it was all being undermined. Again, the fallen trees are identified, the uprooted unsafe trees were identified, some more falling trees, some root systems, Southold Town Planninq Board Page Sixteen April 11, 2011 This was all very detailed. All of this was done in the field, drawn by hand by Mr. Battaglia with the Trustees through the Trustees inspection process. I'll put that in your file. This is early on in December. What had been requested of the Trustees. At the time, he was asking for riffraff and large stones to be added along the entire area. The DEC said "no, we don't think you really need it—we don't see enough erosion". So now it's a more smaller area over on the south side of the property clearly being eroded. The Trustees recognize it. The Trustees were approving of this, but the DEC said "no." So it was not pursued until more recently after the storms of this past year really started eroding. I appreciate the neighbors' comments—I know change is always difficult. It is a large house, but it's under construction. Any one of these smaller homes in the neighborhood can be demolished and a large house built. We don't dictate taste. We have a zoning code and as long as we abide by the zoning code, build what your heart desires. You don't build to satisfy your neighbors. Then we go on to Mr. Simone's attorney. I've gotten inconsistent—a letter asked for evergrees to be planted, then again we have an existing tree line that is—in order to plant evergreens along the common property line of Lot 1 we'd have to take down all those trees to plant evergreens because otherwise the evergreens just wouldn't get enough light. It makes absolutely no sense. I go by there every day—I saw the trees--so she probably showed a photograph of the tree line that's there. The owner has asked in the past "please don't take down trees because I'd like shade." That's inconsistent. The request for all these evergreens to be along the property line just doesn't make sense. Again, these exaggerations: "We've destroyed wetlands and trees". This property has been monitored very closely between you and more importantly, the Trustees. The Trustees have monitored this construction—they get phone calls regularly asking Bay Constable to go down there, asking the DEC to go down there. It's part of their ritual—they seem to stop there sometimes every--more than once a week based on phone calls. An extreme exaggeration. You can't regulate the height of the house. The building envelope is the building envelope. Mr. Battaglia has no intention of building a house on that property. I think all his money is definitely going into finishing this house. Nobody is dictating to the people that have spoken what house size, what house height they must have. To mandate that this house must be a one-story house--I'm surprised it comes from this attorney because on the south side that type of regulation—in fact the Planning Board was asked to put that kind of regulation and it was overturned. That is certainly not a condition that is reasonable for this Board. As far as the dock, we'll leave it to the court to determine what was done. My client has photographs; it was not reconstructed, it was repaired. To clarify, the Trustees did a resolution that said he bought a piece of property with the dock that's there presently. The dock had a 1993 permit that said it was a grandfathered dock and the Creighton family had reconstructed it at that time--done some work on it--so they got a permit and it was recognized that it was already there. When the Trustees—typically you have a permit that gets transferred when you purchase the property and when that permit was transferred the Board said "well it is pre-existing if it was to be lost in a storm". In other words it comes down and you have to reconstruct it. Then you have to come back and possibly conform to the Code. Their resolution said you can't reconstruct it but there was nothing about repairing it. The Code itself, the Trustees, the 275 specifically allows you can repair a permitted structure. But what they say permitted is: a dock that has a Southold Town Planning Board Page Seventeen April 11, 2011 permit is permitted to be repaired without a permit from the Trustees. We are in disagreement with that because they passed a resolution and then gave us a written permit that was contrary to what their resolution said. So that's the argument: we disagree. The Trustees are telling us take what we have down. Meanwhile the resolution at the meeting said we could have it. That's going to be the argument and we'll see what happens. As far as it being a structure: it's not a structure. The Town doesn't issue building permits for docks. It's regulated strictly by the Southold Town Trustees. The next comment Mr. Paul Friese: again, exaggerations. He said the topography of this property changed—we filled wetlands. Absolutely not! There has been no change to the topography. In fact, nothing above the 10' contour—the DEC line—the jurisdiction of the DEC runs seaward of the 10' contour. We specifically kept everything landward of the 10' contour because of the letter of non-jurisdiction. There has been absolutely no filling of wetlands. The height of the house and so on: we have to abide by flood zones and whether or not we are in the flood zone. The neighborhood, as little houses get repaired, they can't be repaired more than 50% without having to comply with current floodzones and that's why some houses in the neighborhood as they are being reconstructed are higher than the old houses that were there. That's the flood ordinance. Again, Mr. Davis said some things and it's kind of a repeat. We are compliant with the code; we have requested no variances with respect to this house. Finally, the two properties are in some instances quadruple the size of some of the properties in the neighborhood. It is a large house, no doubt. But it will be a beautiful house to some, and to others—we've heard "monstrosity". Well, that's taste. I'm disappointed because this is my neighborhood too and everybody is wonderful in my neighborhood. They have their opinions, it's OK. But I hate to see Mr. Battaglia come into a neighborhood and feel ostracized. The area of Founders is a great neighborhood. Personally, I would never want to move. I may have to after this! Anyway, I'm proud of Mr. Battaglia's work—he has been working very hard. Martin Sidor: Thank you. Joseph Fischetti: I'd like to respond to Ms. Moore. I have to go again to the clearing. When Mr. Battaglia did not mark the clearing limits. There were documents in the file back and forth between this Board and Ms. Moore when you were talking about the 30' buffer. There was a letter from the Chairman talking about clearing on the southeast side. You were missing each other. You were talking about the clearing on the southeast side which is completely south of the property. There's 8,000 feet that have been completely cleared. She would always go back and say: we were restoring this buffer area. She never responded to you. Again, I have to say that he did not comply with anything in your waiver. Mr. Battaglia is a lousy neighbor. He was last night and the night before—Saturday night he had the guts to be out there at 8:30 at night with his backhoe with lights on. Now, if that's the kind of neighbor that's going to be here while it's going to happen before a meeting, my wife said "Why is he out there at 8:30 at night with the backhoe and digging?" So, he is not a neighbor I want to have. I'm a little bit upset about it. If he really cared about the neighborhood and he wanted to be nice—we were nice in the beginning—not nice anymore. He's been out there every weekend— Saturday, Sunday. Yesterday morning 8:00 the men come. That's why one of the neighbors said you need to put restrictions. If you take the labor off and your give it Southold Town Planninq Board Page Eighteen April 11. 2011 back again a couple of weeks later, you have to tell him he can't work there on weekends. He can't have men working there on holidays: Fourth of July and every day and until 9:00 at night. So, I disagree with Pat. She needs to be next door to him and listen to what happens. He's down the block, she doesn't hear him. To Mr. Battaglia: "I gave you beer. I tried to be nice to you, but you have no consideration of the neighbors." Joe Battaglia: I own the "monstrosity"—whatever you want to call it—but anyway, I have a question for Joe Fischetti: Do you know me personally? Do you know my finances? Do you know what I do for a living? Do you know what I am all about? Martin Sidor: I don't think we want to get into this type of discussion, everything is supposed to be addressed to the Planning Board. Joe Battaglia: He called me a shrewd person. I just feel insulted and I'd like to let the Board know that I have no relationship with Mr. Fischetti. He says that I've been talking to him for three years which is totally not true. I try to keep my own business to my own business and I like my privacy. Everything I've done I have a permit for. Even cleaning garbage off the beach. He keeps mentioning that the area was never marked for clearing. He should know if he is a licensed engineer that it's not required to be marked. I did everything by the book--everything by Code. I just want to say I'm doing everything I can to satisfy the Planning Board, the Building Department—whatever I have to do. It's a lot of talk out there—I could understand that. There's a lot of jealousy in the air. But nobody knows what I do for a living—I don't know how people can say I'm shrewd. Neighbors—I don't want to mention names—do have some violations pending which are here today. Everybody's talking like they're perfect but there are neighbors next to me that have violations pending with the Trustees, with the Building Department and they're up here degrading myself, which I don't have any violations. So I just find it a little disturbing. Martin Sidor: Thank you. Anyone else in the audience? Joe Battaglia: Everybody was concerned about planting and trees and nobody wanted to look at this landscape plan I have. I find that a little disappointing. Mark Terry: Mr. Chairman, he was supposed to submit that during this hearing, so why don't you go ahead and collect that from him? Pat Moore: I think it's the only one—it's his personal plan. The $1400 plan. Donald Wilcenski: The only thing I would like to add is to thank all the neighbors for coming here. We did open this hearing up again out of your requests, so we will take everything that you said into due consideration and we thank you for your time. Jamie Davis: I just wanted to say that I personally have nothing against Mr. Battaglia as a person. I just want that understood. This is just about a historical context of our community and that, Mr. Sidor, as I mentioned to you, maybe perhaps this is the time— Southold Town Planning Board Page Nineteen April 11, 2011 because the Zoning laws have not changed since the 1950's—feels like we better start working on something. William Cremers: Mr. Chairman, I'll make a motion to close the hearing. James Rich: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Modifications) Conditional Final Determinations: Manor Grove Corp. Lot Line Modification - Short description: "This Lot Line Change will transfer 0.47 acres from Parcel #1000-53-1-1.3 & 1.2 to four parcels along the southeastern boundary." The property is located on the northeast corner of Albertson Lane & Main Road (NYS Route 25) in Greenport. (Full-detail description: This lot line modification will transfer 0.3 acres from SCTM#1000-53-1-1.3 to four parcels on its southeastern boundary (0.05 acres to SCTM#1000-45-1-12, 0.01 acres to SCTM#1000-45-1-13, 0.1 acres to SCTM#1000- 53-1-3, and 0.03 acres to SCTM#1000-53-1-2). Additionally, 0.07 acres will be transferred from SCTM#1000-53-1-1.2 to SCTM#1000-53-1-2, and 0.1 acres will be transferred from SCTM#1000-45-1-13 to SCTM#1000-53-1-2 & 3.) James Rich: WHEREAS, this lot line modification will transfer 0.3 acres from SCTM#1000-53-1-1.3 to four parcels on its southeastern boundary (0.05 acres to SCTM#1000-45-1-12, 0.01 acres to SCTM#1000-45-1-13, 0.1 acres to SCTM#1000- 53-1-3, and 0.03 acres to SCTM#1000-53-1-2). Additionally, 0.07 acres will be transferred from SCTM#1000-53-1-1.2 to SCTM#1000-53-1-2, and 0.1 acres will be transferred from SCTM#1000-45-1-13 to SCTM#1000-53-1-2 & 3; and WHEREAS, a Lot Line Modification Application was submitted on November 17, 2010; and WHEREAS, the Southold Town Planning Board reviewed the plans at their May 18, 2009 and January 19, 2010 Work Sessions and accepted the application in January for review; and December 22, 2008 To Town of Southold Board of Trustee's: I, Joseph Battaglia, owner of 2000 Hobart Road, Southold NY 11971, would ask permission to be granted from the town for the following work needed to be completed. 1- To cut and remove all trees and branches that have fallen onto beach front, located on survey #2, #3, 45, and #6. 2- Remove debris, dead branches, trees, driftwood as per survey. 3- Remove trees on the southeast side of the property which all roots have been exposed and are leaning toward the water creating a very dangerous condition to any persons on the property 4- Add riprap or large stones to the eroded edge of soil line to prevent further damage to property as marked on survey after trees are removed. It is evident that this property has not been appropriately maintained for an extended period of time and this work needs to be done immediately to correct the dangerous safety conditions that exist, also to prevent any further damage to the property due to erosion and run off. Thank You X Joseph Battaglia (631.678.6546) UOZ Z l Udtl (516.785.8974) 70 39Vd 59LLL9E5E9 19 :60 6002/£0/50 01/03/2009 09: 51 6313672251 BATTAGLIA PAGE 03 rrx • Goy • 'S9s g '<3 Y,' � ♦ ZTx rho �; \ • �"� '`� ,,�� =�•o ���taw 6n.-�s,,r� \ \ -OD o44 \\ • • ' '� \ OCA 3 0! 9•Ix • d \ 5� CX LLI I `C ` Tx •� gTx C616 t.0 Fur OTx Y/ 97T \ b"Drx 9T 1 01 /,i S•� 9�1 l i mrx r 01/03/2009 09: 51 6313672251 BATTAGLIA PAGE 04 o� A i co (Z cC L� CI. x a OS' 00.. 'OL fee ems, Mgy,Q pd�s� TOWN OF SOUTHOLD, NEW YORK DATE...May..,4,,, 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2412 Dated April 18, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Henry Smith Appellant Robinson Lane Peconic, New York 11958 at a meeting of the Zoning Board of Appeals on May 4, 1978 the appeal wea considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .............. Section Subsection ...... .................... paragraph ......._.......... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance; Article III, Section 100-31 and Bulk and Parking Schedule to subdivide an overly large parcel into two parcels. Location of property: west side of Hobart Road, Southold, New York, bounded on the north by Whiteside; east by Hobart Road; south by Rich; west by Town Creek. 2. VARIANCE. By resolution of the Board It was determined that (a) Strict 411PIketlon o1 the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) ()s not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and In the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be dented and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. - SEE REVERSE ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the applicant requests approval to subdivide an excessively large parcel of land into two parcels. The findings of the Board are that it is an excessive hardship to have a parcel of land with this size and frontage and footage in the Town of Southold, and that this will not change the character of the neighboring district, consisting of smaller lots. The Board finds that the public convenience and welfare and justice will be served and the legally established or permitted use of the neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. On the motion by Mr. Gillispie, seconded by Mr. Bergen, it was RESOLVED that Henry Smith, Robinson Lane, Peconic, New York, be GRANTED permission to subdivide an overly large parcel into two parcels. Location of property: West side of Hobart Road, Southold, New York, bounded on the north by Whiteside; east by Hobart Road; south by Rich; west by Town Creek. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Grigonis, Maimone. .. 60 00 -) LEGAL NOTICE i j Notice of Hearings Ij I Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, May 4, 1978, on the following appeals-. f 700 P.M. (E.S.T.) 'upon application of Mr, and Mrs. David Ricereto, Oregon Road, Cutchogue, New York, (Anthony B. Tohill, . iAttorney) for a variance in accordance with the Zoning Ordinance Article III, Section 100-31 and Bulk Schedule for permission to I; construct dwelling with insufficient side yard setback. Locatio of property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by I! Baxter; south by %rupski; west by Gallagher. 7:40 P.M. (E.S.T.) upon application of Henry Smith, Robinson Lane, Peconic, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule to subdivide an overly large parcel into two parcels. Location of property: west side of Hobart Road, Southold, New York, bounded on the north by Whitside; east by II Hobart Road; south by Rich;. west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Virginia Thomas, 91 Avenue C, Port Washington, New York, for a variance ji !, in accordance with the Zoning Ordinance, Article III, Section it 100-32 and Bulk Schedule to change a previously approved i addition from east to west end of dwelling. Location of 'i property: north side of Minnehaha Boulevard, Southold, New I i York, bounded on the north by Corey Creek; east by Bugdin; south by Minnehaha Boulevard; west by Haggert. I . iI ii •- by . 8:0-000 P. shOUR' war at the time and P.M. (E.S.T.) upon place. ve specified. application of James F. Dated: April24, 1978 LEGAL NOTICE Floral a Park, 13 Mildred Court, BY ORDER OF Notice of Hearings variance ins New York, for a Pursuant to Section 287 of the Zoning Ordinance accordancet ele THE SOUTHOLD the Town Law and the I1I, Section 100-32 and Bulk TOWN BOARD 1TA27 2970 OF APPEALS Provisions ui ring n the Ordinance f Schedule to Place a storage theTro�ivnZe Ordimnce of shed in the front yard. York, public hearof ings win be Location of Property: Littie IFFOLK, 1 held b the Z wrd be Peconic Bay Road, Cut- N YORK, 1 ss: 6111116 Board of chogue, New York; Lot No. 1 APPea at the Town Hall, 237 On Map A of"Nassau Point Main Road Southold, New Properties." VS0"I York, on Thursday, May 4, 8:15 P.M. (E.S.T.) upon being duly Sworn, 1978,on the following appeals: application of Ernst L. is Printer and Publisher of the SUFFOLK 7:30 P.M. (E.S.T.) uuppoo Midgette, 84A Little Peconic application of Mr. and Road,Road, Cutc David Ricereto,Oregon Road, for a variance in ccore, New danca S, a newspaper pubMshed at Greenport, in said than B. Tohill AtNew ter ( with the Zoning Ordinance,32 and it the notice, of which the annexed is a printed a variance in accordance with Bulk Article dule to placsection e a shed the Zoning Ordinance,Article in the front yard. Location of ( published In the said Suffolk Weekly Times III, Section IW31 and Bulk property: little Peconic Bay eek far . . . , .. . . . .ONE Schedule for pertn1881611 to Road, Cutc . . . . . . . . .. . . . weeks construct dweW�figg. with 10- Lot No.238 and part of lot No. sufficient side ya1� setback. 235 on Map Aof"Nassau Point Location of property: PropertiesImmencing on the . . �G7EIITY-.SEVENTH . . . . . night- . of-way, north side Oregon 8:25 P.M. (E.S.T.) upon '^ —f 19.7R Road, Cutchogue, New Tqk, application of John P. and bounded on the north by Long Linda F. Kowalski, 404 . . . . . �' :" r" '^' .. .. . . . . . . . Island Sound; east by Baxter; Atlantic Avenue, Greenport, / 1 south by KrupeId; west by New York, (George C. Jme this . . . . .. . 7*40 ec Stankevich, Attorney), for a -7 l 7:40 P.M. (E.S.T. on variance in accordance with a) ca ton 6 earn mi the Town LawSection 29DA Hisao ne eco�'ruc Rew" for approval' or . or a variance in ac Locatioof PrO eriy access. cordance with the Zoning of-way on the Swth' Right- , , , , , , , , ,ide of „ L1't Ordinance,Article III,Section Sound View Avenue,Southold. J/J 100.31 and Bulk and Parking New York, bounded on the Schedule to subdivide 0-o north by Sound View Avenue; Pverlyarcel large parcel into two east by Vilar, Jacobi, and �.� Yosit Parcels.Location of property: r west side of Hobart Perry. Schur; south by Morris and Southold, New York d, Lombardi; and west by Town on the north by Whitside; east Of Southold and Ja.T.) by Hobart Road; south b e'�5 P.M. (E.S.T.) upon Rich; west by Town Creek, y sp lication of Albert 7:50 P.M. (E.S.T.) Cut- upon chogue,New a York in (Richard application M Harold and J. Cron, Attorney), in ac- Virginia Thomas, 91 Avenue cordance with the Zoning C, Port Washington, New Ordinance,Article III,Section York, for a variance in ac- 100-30 (A)(2) to b cordance with the Zoning helicopters on a portion of Ordinance,Amick:III,Section farmland during the farm 100-32 and Bulk Schedule to spraying season. Location of chaaddition fe a rom east previously west end property: Sterling 3t Newg Lane York, of dwelling. Location of bounded on the north by property: north side of Bolenius; east by Bolenius Mianehaha Bou ; south by Boulevard, and Imbriano Southold, New York, bounded Sterling Avenue; and west by on the north by Core Creek; Scott. east by Bugg,, south b Minnehaha Boulevard; west heard Onrthe above naPp beals LEGAL NOTICE . • Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- COUNTY OF SUFFOLK sions of the Amended Building STATE OF NEW YORK Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Boss of Appears at the Town Hall, Main Road, Patricia Wood, being duly sworn, says that she is the Southold,New York,on Thurs- Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, day, May 4, 1978, on the following appeals: a public newspaper printed at Southold, in Suffolk County; 7:30 P.M. (E.S.T.) upon and that the notice of which the annexed is a printed Copy, application of Mr. and Mrs. David Ricereto• Oregon Road, has been published in said Long Island Traveler-Watdr Cutchogue, New York, (An- thony each B.Tohill,Attorney)fora '•""....../•"••""'•""""•"'--' Weeks variance in accordance with the Zoning Ordinance, Article successively, commencing on the ...12y.............................. BI, Section 100.31 and Burk of ..�- 19. Schedule for permission to construct dwelling with insuf- ficient side yard setback. Loca- tion of property: Right-of-way, ..... .. ....... ........................... -- ..... ........ ._. north side Oregon Road, Cut- chogue, New York, bounded on the north by Long Island Sound; east by Baxter, south (� „ by Krupski; west by Galla- �� --..•.•..••••".-•, 19..�$.. gher. SwoM to before me this $7.1............. dery or 7:40 P.M. E.S.T.) u on a Robinson ILane, n Hen Sm• f '-' son ne, Peconic, New ✓// York, for a variance in accord- ance with the Zoning Ordin- ance, Article 111, Section 100- - 31 and Bulk and Parking Schedule to subdivide an over- Notary Pu ly large parcel into two par- ry r •; ,_ r "SON cels. Location of property: flOi.;P.Y F;IG,-. Stale ct Ne•.v York west side of Hobart Road, t.„. s2 92";urs R Southold, New York, bounded esid{ng in Sutfolh County Cvmmisslan Expires h!arcp ,0 1980 on the north by Whitside; east by Hobart Road; south by Rich; west by Town Creek. 7:50 P.M. (E.S.T.) upon application of Harold and Vir- ginia Thomas, 91 Avenue C. Port Washington, New York, for a variance in accordance with the Zoning Ordinance, Article 111, Section 100.32 and Bulk Schedule to change a previously approved addition from east to west end of dwelling.Location of property: north side of Minnehaha Boulevard, Southold, New York,bounded on the notch by Corey Creek; east by Bugdin; south by Minnehaha Boule- vard; west by Haggert. 8:00 P.M. (E.S.T.) upon application of James F. Mc- Farland, 13 Mildred Court, Floral Park, New York, for a variance in ,accordance with the Zoning Ordinance, Article 111, Section 100.32 and Bulk Schedule to place a storage shed in the front yard. Loca- tion of property:Little Peconic Bay Road, Cutchogue, New York-Int No. 217 nn Man A of GoFORK No. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERKS OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. .......s? .2, .....................................................Date ................................ ....... ..... x.... 19 TO .....)A.". ....?.......t�-�' V-0.F F. 6A-rf----s ................I........ ......c ... ..... ...... ..........I..........................11.1�.� coL&; .. ................................... PLEASE TAKE NOTICE t�at your application dated ............................If. .4 �O 197 .4"IkAAn Ap For permit to construct ........................................at the premises located at �/...... ........ ...................... Street Map ...................... ...... Block ........................ ................... Lot ................. ..... .. ............................ returned herewith and disapproved on the following grounds ....... ............. ........................................... ..............................................................I................... .............................................................................. ................................................................................ .......................................................................... ................ .................................................................... 7-5- o%9 10,00 — 6 /VY/ -rslDc Building"ins'Pector, .......... E f/0 Rq IF-T 'R 1) / I 0 • O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. oL 1/4Z DATE ......Y/�. �LJ.r . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ..1{.9X)X'Y...k:.,... R( th..............................of .............FS.R1J.1.DAg7A.IAM............................... Name of Appellant Street and Number .................k .gAA1x.C.........................................I.................. .......R,.X..............HEREBY APPEAL TO Municipality State ''LL THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUIyvINGINSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...... !,G.t?3' ,�I.�....................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...........liazzy...i....S(gi kt.................................... Name of Applicant for permit of ...........RghiAgga.Lanp......................isIng0xiiA...............11..X........................... Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .......HD.ba.T:L..kgad......................Re,si.deritia.l..A7Cr"a.,,,,,, Street Use District on Zoning Map .......�).g IA2....................................LLa ri p................... Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article TTT ]Do-31 A lk r t-MLkking gchPli'j' 3. TYPE OF APPEAL Appeal Is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap, 62 Cons. Laws Art, 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal *bask(hos not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a vorionce and was made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Form zst (Continue an other side) REASON FOR APPEAL Continual 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the land is well over li acres and would require excessive maintenance and expense to own as one lot because of the long (583 ft.) road front and the long (700 ft. ) waterfront. 2. The hardship created is UNIQUE and is rat shared by all properties alike in the immediate vicinity of this property and in this use district because this piece of land has so much road front and waterfront that it is ideal for 2 plots. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the property to the south was divided into two lots long ago, one on Town Creek and one on Hobart Road. All other lots across Hobart Road are 1/2acre or less. This would not change the character of the district for the above reason and also because both lots would have the present zoning requirements in road frontage. STATE OF NEW YORK / ............................. COUNTY OF Suffolk ) Signature Sworn to this .........18Y]'L............................ day of...April......................................... 1978 �r-��� rvotary Public �J���J ELIZABETH ANN NEVILLE NOTARY PUBLIC, State o1 New Yolk N% 528125850, SONoIk Co hrm EeDNee MercM1 30, 1 Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans Yfsmorial Highway Hauppauge, New Tork 11781 (516) 979-2918 Tann of Southold Board of Appeals May 31, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications whicb have been referred to the Suffolk County Plannin0 Commission on considered to be a matter for local determination. A decision of local determination abould not be construed an either as approval or a disapproval. Applicant lhmicipal Pile ?lumber Henry P. Smith 2412 1 i 4 Very truly yours, I Lee B. Roppelnan Director of Plaaniap, bv,/.@A C ,��j. SU• a,�.a, , Gerald G. "Tewman GGH;jk Chief Planner TOWN CLERK 785-3783 Building Dept C�FFry s� Planning Appeals 766�Qx Board of Appsds 1802 TOWN OF SOUTHOLD TOWN CLERK'S OFFICE ' Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-8, Sections 239.1 and m, the . . .Board.of. Appeals. . . . . . . . . . . . . . . of the town of. . .Southold. . . . . . . . . . . . . . . . . . (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance Henry Smith ................ Amendment to the zoning ordinance Robinson pand Peconic, New York ................ Zoning changes ................ Special permits ....X........ Variances Location of affected land: MN,11t...S1.4e... 9..RodB,r..SoutholdA..Naw„York,,,,,,,,,,,,,,,,,,,,,,,, within 500 feet of: (check one or more) ................ Town or village boundary line,or shore line ................ State or county road,parkway or expressway ................ State or county park or recreation area ....X........ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: The applicant was granted permission to divide a triangular shaped lot into two building lots. The first lot containing the required 40,000 square feet and the second 28,000 square feet. Date: ...MAY..?b.,...19T$.............. ................................................................................ (signed) ................................................................................ Trde Date received by Suffolk County Planning Commission ................................................................ .................... File No. ................................ �FFOur � o O K JUDITH T.TERRY TELEPHONE • TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 18 , 1978 To : Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No . 2412 , application of Henry P . Smith for a variance . Also included is notification to adjoining property owners as follows : John Whiteside, Box 1452 , Southold, N . Y. 11971 ; Fred Rich, Hobart:: Road, Southold, N. Y . 11971 . . dith T . Terry Town Clerk JTT.bn BOARD OF APPEALS,TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE Henry F. Smith to the Board of Appeals of the Town of Southold TO: YOU ARE HEREBY GIVEN NOTICE: 1.That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(Variance) (Special Exception) (Special Permit) (the following relief: Subdivide an overly large parcel into two parrals 1. 2.That the property which is the subject of the Petition is located adjacent to your property and is des. cribed as follows: Horth by property of Whitside. East by Hobart Road South by Rich and others and West by Town Creek 3.That the property which is the subject of such Petition is located in the following zoning district Pesideptl al 4.That by such Petition,the undersigned will request the following relief: because of the size of this property. 69.000 sq. ft. . 700 ft. waterfront. 583 ft, of road front, I wish to subdivide into two lots 5.That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signedare: Article III 100-31 Bulk Park Schedule 6.That within five days from the date hereof,a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road,Southold,New York and you may then and there examine the same during regular office hours. 7.That before the relief sought may be granted,a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman,newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: Petitioner Henry P, Smith Post Office Address Robinson Lane kecinic, N. Y. PROOF OF MAILING OF NOTICE NAME ADDRESS John Whiteside, P.O. Box 1453, Southold, N.Y. 11971 Fred Rich, Hobart Road, Southold, N.Y. 11971 J_ CD OW y i Ltd LL lf) 3 awls Z W $ !Y f9sutl9S TMBI1a0 �� ¢ s st3i aw austrasoa 111121103 . east +av osee^net ea STATE OF NEW YORK ) ss COUNTY OF SUFFOLK) NAnr3�R i�#tit residing at unhinson Lane PACO T{t. �pt v.,,-tr being duly sworn,deposes and says that on the_lgrb day ofe�r{1 19 7_,deponent mailed a true copy of the Notice set forth on the m- verse side hereof,directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Snnrhn1 d ;that said Notices were mai ed to each of said persons by (certified) (registered)mail Sworn to before me this 18th day of -Any ,19 7 R Notary Public ELIZABETH ANN NEVILLE WARY PUBLIC.State DI New Yon ND. 528125850. Suffolk County Term Empires March 30. 19$V �s Bq <lOR ♦ � '-d xe � \ yy ��-yy �.P' ♦ 9 J. J y ♦\° � �\�y �'J'Q ' '9y ♦°o J° i tp op y .. 30.1 y ♦ \ LA(C) ty - .° 29 A O 40 2 i 1.2A(vl If y. 2 3A1.1 T 0-0 i ! i MAP OF P20OR Wwre5ioe L' j au¢vertao rY�a I m i HEM2Y P. SMITP N Ar j SOUTHOLO 14t. SUFFOLK COL"ry,my _ • , j I I I 4I I fI ' AI I „ I I � I @ a MOMVMGHf f I 0 i rMarq.e�or•e9,000:sy,�r. � W �( . i �o iw xme,e�aa..�w�ar� II Q scmxrv.w,w rry rou srnn^ '�� ��`x m wumx uw. �- mroa,w,Hmwuw,uuw ,onsruc, cn rm �r wuex ao ' to ow.wn¢ nn n+m nncwm, .w•,1Ocmww.w op �s w�iw ssasa w.e�i.yau inD {i'✓ i Sv^—jod 41W.11,f978 wrvx:.m.,.m.u.0 uwrww � I I 2oo�ax�aw7Lrc.,P.c. � Licnud L4ei 91w.y�re i to y0. D V iK i/� Iw fDMI���• `e I `g� i i 21GH 49S-.. i ofD+Qo0.SeuF.OLI,B,6ek 3.[e+f. � r ._ .._..:_._.._.. .--........-.. e.:..a�;.\--:.r-.zw. a.;��'�.tidsnK".+A!''.'m'r"P4+itd'§,:.NR+GNs.•:wnmcr. -��••.e,�w TOWN of sOUTROLB, mew YORK DATE AMON OF THE ZONING BOARD OF APPEALS Appeal No. 2776 Application Dated January 12, 1981 ACTION OF TBE TONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William H. Price, Jr. , Esq. Appellant Attorney for Mr. Frederic P. Rich - 828 Front Street, Greenport, NY 11944 at a meeting o2 the Zoning Board of Appeals no March 12, 1981, the appeal wasconsidered and the action indicated below was taken or, your. (. ) Request for variance due to lack of access to property (. ) Request for a special exception under the Zoning Ordinance Q(,y Request fora variance to the Zoning Ordinance Art. III, Sec. 100-31 1. ( ) be granted ( ) be denied pursuant to Article ..............._ Section ..._......_....... Subsection ............... paragraph ..._............ of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed became Public Hearing: 3/12/81 8:30 - Application of Frederic P. Rich, 1470 Hobart Road, Southold, NY (William H. Price, Jr., Eaq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area :and width of two proposed parcels each with a residence, and known as 1470 and 1580 Hobart Road, Southold, NY; bounded northwest by Smith; -southwest by Town Creek; southeast by Creighton; northeast by Hobart Road. County Tax Map Item No. .1000-64-3-2. - (SEE REVERSE SIDE) 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practiew difficulties or uoneceseary hardship became (SEE REVERSE SIDE) (b) The hardabiP created (is) (is not) unique and (would) (would not) be abared by an properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The. variance (does) .(does not) observe the spirit of the Ordinance and (would) (would not) change the character of the du trwt because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed( ) be reversed,. . CG:lkZONING BOARD OF APPEALS FORM Z84 After investigation and personal inspection, the Board finds as follows: Appellant has appealed to this Board seeking a Variance for approval of the insufficient area and width of two proposed parcels each with a one-family dwelling, of 18,718 sq. ft. and 32,290 sq. ft. in area and 20 ft: and 156+- wide respectively. Also existing on the premises, on proposed Parcel l are a small screened-in structure and small boat shed. The Board finds that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no detriment to adjoining properties will be created; that no detrimental effect is produced on available governmental facili- ties of any increased population; that no substantial change is produced in the character of the neighborhood; that the relief requested is within the spirit of the zoning ordinance; and that the interests of justice will be served by the granting of the within variance. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that FredericP. Rich, 1470 Hobart Road, Southold, NY be granted a variance to the Zoning Ordinance, Art. III, Sec, 100-31 for the insufficient area and width of the two proposed parcels SUBJECT TO THE FOLLOWING CONDITIONS: (1) That Parcel No. 2 be a minimum area of 20,000 square feet and besimilarin configuration of the parcels as shown on the survey submitted with the within application dated December 22, 1980, and (2) That no accessory buildings may be converted or built for habitable use. - - Location of property: 1470 and 1580 Hobart Road, Southold, NY; bounded northwest.by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road. County Tax Map item No. 1000-64-3-2. Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Goeh- ringer and Sawicki. Absent was: Mr. Doyen (illness) . APPROVED 4h,,vt , J3 Chairman Bwrd RV Wed 3 37 Dor"/C-/ Nn rIR 1/:,3qfr1R. _cwn GL�k, T zz. o= _ccP' 3 nFx n+.. v.:ai+11e.„e-.>a.:r.w•Nw,v;9p'.�^vc+N V•._a«+.:c} .y„i.t+ . .c . '.'[..'.: .µ.. _. na.:«....c'.+/Iiyerfw4A+.Ne... .. -.f±.:v<s _,.o..�., .�...... .,,...:+r-,.uq.{�.:•.«.v:r�d.•;rn,.—x,.rabnr.arpE'�A!tn".'<f+iF''{�%. , .gX.+t?+Ys4",n , y LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appealsatthe Southold Town Hall , Main Road, Southold, NY on Thursday, March 5, 1981: 7:30 p.m. Application of John and Mary Pietrodangelo, 52340 Main Road, Southold, NY (Rudolph'.H. Bruer, Esq. ) for a. Variance to the Zoning Ordinance, Art. III , Section 100-3O(A),(C) for permission to operate a retail flower shop on first floor of existing building in an A-Residential District. Location of Property: 52340 Main Road (S.R. 25), Southold, NY; bounded north by S.R. 25; west by Charhews; south by Southold School District No. 5; east by Terry; County Tax Map Item No. 1000-63-6-9. 7:45 p.m. Appl-ication of Richard A. and Janet J. Schlummpf, 32 Curtis Path, East Northport, NY (Wickham, Wickham & Bressler, P.C. .asattorneys) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the reduction of the area and width of a. parcel of land to provide additional access to a second parcel of land, located at the east side of Indian Neck Lane, Peconic, NY; bounded north by James, Mealy, Capobianco, Sheily, Lueckoff; west by Indian Neck Lane; south by Peconic Bay Gardens; east by Richmond Creek; County Tax Map. Item No. 1000-86-5-.7 and 8. 7:55 p.m. Application of Thomas J. DeBorger, 93 Broadwaters Rpad, .Cutchogue, NY (Rudolph H. Bruer, Esq. ) for a Variance to the Zoning Ordinance, Art. III, Sec: 100.31 for permission to change division line between. Lots 295 and 296. to run generally north and south rather than present east and west; at 945 Broadwaters Rbad (a/k/a 100 Wunneweta Road), Cutchogue; NY; Nassau Point Properties Sub. Map 156., Lots 295 and 296; County Tax Map .Item ..'�!-'e�wr..rs.+F�.rm+.raarµagisuw�NYhwaiaV.i.:axc•vsl-a+yaaP.s'.e:,'-'••.mr wre�;:+a a.)m!;N.dxJ:y.5i�5n?*�.r2rtF%y4k��rr�t��14�b+�,xxu f "Page 2 Legal Notice of Hearings Board of Appeals Meeting of March 5, 1981 No. 1000-104-11-9. 8:05 p.m. Application of Frederick Cowan and Company, Inc. , 120 Terminal Avenue, Plainview, NY 11803 (Richard J. Cron, Esq. ) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-70A, B, for permission to conduct an industrial-type business .(equipment designing and fabricating) in a B-1 Business District. Location of property: northwest corner of North Street and School House Road, Cutchogue, NY; bounded northwest by School House Road; northeast by North Street; southwest by Baxter; southeast by Case; County Tax Map Item. No. 1000-102-5-9.2. 8:20 p.m. Application of Leo and Lillian Brac, Nassau Point Road, Cutchogue, NY for a Variance to the Zoning Ordinance, At. III, Sec. 100-31 for permission to alter property line between Subd. Lots No. 49 and 50, reducing the lot area for Lot 50 and increasing the lot area for Lot 49 of property located at the east side of Nassau Point Road, Cutchogue, NY; bounded north by Eggers; west by Nassau Point Road; south by Blaikie; east by Peconic Bay; County Tax Map Item No. 1000-111-15-8. 8:30 p.m. Application of Frederic P. Rich, 1470 Hobart Road, Southold, NY (William H. Price, .Jr. , Esq. ) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels each witha -residence, and . known as 1470 and 1580 Hobart Road, .Southold, NY; bounded northwest by Smith; southwest by Town Creek; southeast by Creighton; northeast by Hobart Road; County Tax Map Item No. 1000-64-3-2. 8:35 p.m. Application of North Fork Motel , Inc. to change exiisting -motel use to privately-owned units. (Previously advertised 2/15/81). Dated: February 12, 1981 . - BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES 'GRIGONIS, JR. , CHAIRdAN " To the Suffolk Weekly Times and Long Island .Traveler-Watchman: . Please publish once, to wit, February 19th (or in the. alternative, not .later than February 26th), .and forward six affidavits of publication to: Mrs. Linda Kowalski , Secretary, Board of Appeals, Main Road, Southold,NY 11971 . (tel .. 516-765-1809 or 1802). --' Copies mailed Tuesday, Feb. 17, 1.981. to; Rudolph H. Bruer, Esq. as attorney for John. and Mary .Pietrodangelo Thomas J. peBorger Wickham, Wickham & Bressler, P.C. , attorneys for Richard A. and Janet J. .Schlumpf Leo and Lillian Brac William H. Price, Jr. , Esq. as attorney for Frederic P. Rich and .North Fork Motel , Inc. Frederick Cowan and Company, Inc. Applicants at their mailing addresses shown on applications. Supervisor Town Clerk Bulletin Board was posted on 2/17/81 . TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S.OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ....................... Date .......... 19 To akl./1,V" ,f1.2`fL.I,C �..r1iL ......... /C fii FoFiCIrL /./C�eH ..: .. 6dA.r4 �Nfll �l..Al. .. o PLEASE TAKE NOTICE that your applicatiorSdated . .-L'R`f.ze--.ff.:e!l.r.,.+ Z..? 19 VI,RQ' �j for permit to cenOtrnet ....1.t,./C =rzJ$ ...at the premises located ot-r!' Z.Y7.0 ...... / 4�IK! �i� r�cf Sfreet- Al- Map Mapo !FQ.Q�.0 �`... Block. ....... 3.:.._. ......`. Lot .... .Q.. 4.,r....................... is returned herewith and disapproved on the following grounds ..... Zlc u rr�4 �� . l vrc.fs c«.!4P..,©r[�rg:......... .a.7 .......... Ul ClOo -3/ .. :.:. .......,... .. Building Inspectar D � � a , W.H. P..JR. I TOWN OF SOUTHOLD, NEW YORK y/ APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO,,,..I o3 7/b - DATE..1�&.............. TO THE ZONING BOARD OF APPEALS,TOWN OF SOUTHOLD, N. Y. 1, (We) .,Frederic P. Rich.......................of ..1470 Hobart.Road ............................ Name of Appellant Street and Number Southold . York HEREBY APPEAL TO ................................................ . ................................... Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...December 31, 1980 ................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO Frederic P. Rich ................................................................................. Name of Applicant for permit of 1470 Hobart Road Southold New York Street and Number Municipality State ( ) PERMIT TO USE (x) PERMIT FOR OCCUPANCY (x) PERMIT TO DIVIDE ' u+�n l6�R r'� 1. LOCATION OF THE PROPERTY ...1470 Hobart RoadAA A Residential:Agriculture ..... ..... . ...... .. Street Use District on Zoning Map ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III 5100-31 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( . ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4.' PREVIOUS APPEAL A previous appeal—(kes)-fhos not) been mode with respect to this decision of;the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance oddwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (x) A Variance to the Zoning Ordinance ( ) is (requested for the reason that I, Z191 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because : (a) it is impossible to divide the subject par- cel into two lots of 40,000 square feet, and (b) because of the location of the two dwelling units on the subject parcel, it is impossible to have both proposed lots meet the minimum width require- ment and still have both proposed lots border on Town Creek. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immedlote vicinity of this property and in this use district because this parcel of property has two legal, separate and detached dwelling units now existing on the parcel unlike other properties in the immediate vicinity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no physical change is contemplated by this request, and no increased use of the property will result. The only change would be that each of the dwelling units would be owned separately by different individuals which will not change the character of this residential district. FREDERIC P. RICH STATE OF NEW YORK ) '�% '� ) ss By: COUNTY OF SUFFOLK ) 0 Si e- }}((((l WILLIAM H. PRICE, JR, attorney/agent Sworn to this .............V.�........................ day of_.... Janus y........................... 1981 to ub{c Naarlr Uo�8elfelk COUNTY OF SUFFOLK CNcr, DEPARTMENT OF PLANNING (516) 360-5513 LEE E.KOPPELMAN DIRECTOR OF PLANNING April 17, 1981 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk (tounty Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File "cumber William C. Mercurio et al. 2729 vFiederic P. Rich 2776 Leo b Lillian Brac 2785 Very truly yours, Lee E. Koppelman Director of llPlanning byl.�C� '�)J. 2. GCN:jk Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY • HAUPPAUGE. L.•..NEW YORK TOWN CLERK 785-3783 Building Dept ``fFM t. Plot Appeals alsd. 185-2660 09 �I board°f Appeal'765-1309 TOWN OF SOUTHOLD V > Owl Main Road 41 Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated laws, Article 12—B, Sections 239.1 and m, Board of AppealsSouthid the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of the town of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) Appeal No. 2776 ................ New and recodified zoning ordinance Frederic P. Rich ................ Amendment to the zoning ordinance by William 11. Price, Jr. , Laq. 828 Front Street, Greenport, NY 11949 ................ Zoning changes ................ Special permits XX Art. III, Sec. 100-31 .. Variances 117C and 1580 Hobart Roafl, "outhold. 10'!x-u4-3-3 Locationof affected land: ............................................................................................................................. within 500 feet of: (check one or more) ...........XX..... Town or village boundary line,or shore line Tacit. Cl'euiC ................ State or county road,parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Approval of insufficient aree and width of two parcels, each with a one-family residence, %%,as granted provided parcel No. (waterfront rear lot) contain a minimum area of 20,W0 sq. ft. and be with similar configuration as Parcel No. 11 and provided further that no accessory buildings may be converted or built for habitable use. Photocopies of file attached,. Date:....AQri1 101 19A1............. ................................................................................ (signed) Linda F. Kowalski, Secretary .M............................................................................... 5 1809 Date received by Suffolk County Planning Commission .................................................................................... FileNo. ................................ LEGAL NOTICE NOTICE IS HEREBY GIVEN, that all of the hear- ings to be held by the Southold Town Board of Appeals on March 5, 1981, have been recessed until Thursday, March 12, 1981, which said COUNTY OF SUFFOLIt, hearings will be heard at the STATE OF NEW Y same times as previously ad- ,a, O1;K, ss: vertisedthe Southold Town Hal.l, Main Road, Southold, Aapiti H NY • • ,• Wa Dated: March s, 1981. says that , • . . . . . . . . . . . . . being duly Sworn, BY ORDER OF he • • is lker Printer and Publisher sof the SUFFOLK THESOUTHOLDTOWN WEEKLY TIMES, a news BOARD OF APPEALS paper Published CHARLES GRIGONIS,JR. count p Greenport, i11 said CHAIRMAN Y% and that the notice. of which the annexed is a printed 1TM12-3642 — ----- copy. has been published In the acrid Suffolk Wee$yZ, once in each week, for one Tlmes successively oarumeucing on the 12th weeks day of I"4� C1}. . ,[1�9.8/1' Sworn to before me this • 12th , . • • • • • • • • • • • day of . . March . . . . . . . . . . 19.81. . . . . . . . . . . . . . .";;V . ✓ . !J: G . . . . . . . . . . . HELEN K. DE VOE NOTARY PUBLIC State of New York No. 4707878SU(fWk County • , Term Expires March 90 193 a hta181 � ... COUNTY OF SUFFOLK ss; STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed of Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- LEGAL NOTICE man once each week forweeks ........................................ to EN, - HEREBY I successively, commencing� � the ,'? 19. .. NOTICE: 1S -.. . .- ` � GIVEN,that all of the hearings """" eld by'the Southold d o Town Hoard of Appeals on - ... ................... .. - March 5, 1981 have been recesseduntil Thursday. ..... ....................................1..+./.. ..................:,.... March 12, 1981, which said hearings will be heard at the same times as previously advertised at the Southold Town Hall, Main Road, South- old,NY. Sworn to before me this .....:�..� Dated: March 5, 1981. day of BY ORDER OF THE SOUTHOLD TOWN ...................... �T4 ,....... 19.81 BOARD OF APPEALS CHARLES GRIGONIS.JR. Chairman 1T,3/12/81(50) ................ ... . ... ... . .................... . ...... Nota.ry Public CLEMffiW.i.snarursOH HATH lY 1'JBLk &*of Nsr ywu in SaNdic awry commixiien Esaires pwo.'Ar.qkz— LEGAL NOTICE NOTICE IS HEREBY GIVEN , that all of the hearings to be held by the Southold Town Board of Appeals on March 5 , 1981 have been recessed until Thursday, March 12 , 1981 , which said hearings will be heard at the same times as previously advertised . at the Southold Town Hall , Main Road , Southold , NY. Dated : March 5 , 1981 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS , JR. CHAIRMAN ----------------------------------------------------------- Suffolk Times and Long Island Traveler Watchman : Please publish the above legal notice once , to wit , Thursday , March 12 , 1981 and forward two affidavits of publication to : Board of Appeals , Main Road , Southold , NY 11971 . 765-1809 . ----------------------------------------------------------- Copies to : Suffolk Times by hand Monday 5 :00 p.m. 3/9/81 . L . I . Traveler by hand Tues . , a.m. 3/10/81 . The following by mail 3/10/81 : Rudolph H. Bruer , Esq . Abigail A. Wickham , Esq . Richard J . Cron , Esq . Mr . and Mrs . Leo Brac William H. Price , Jr. , Esq . Mr. Alfred H. Goldsmith Mr. and Mrs . George Sweeney Posted on Town Clerk Bulletin Board 3/5/81 . Copy to Supervisor' s Office 3/10/81 . • �FFU P TO D SL Southold, N.Y. 11971 TELEPHONE HENRY E. RAYNOR. Jr.. Chairman 765-1938 AXVM8z X9X2Ob=x JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RMHIE LATHAM. Jr. William F. Mullen, Jr. February 11, 1981 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board reviewed the application of Frederick P. Rich at a regular meeting held February 11, 1981 . It was the decision of the board that such setoff or creation does not constitute a subdivision in accordance with Chapter A106-13 of the Code of the Town of Southold. Yours truly, HENRY E. RAYNOR, JR. , CHAIRMAN SSOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary ATTORNEY AT LAW 828 FRONT STREET GREENPORT. N.Y. 119" Phone(618) 477-1016 January 27, 1981 Mr. Charles Grigonis, Jr. , Chairman d / 078 8l Southold Town Board of Appeals ? Southold Town Hall Boalof�` "a Main Road Town Of SQa��?� Southold, New York 11971 Re: Application of Frederic P. Rich 11 Appeal No. 2776 Dear Mr. Grigonis: I am in receipt of your letter of January 26, 1981 concerning submission of the proposed division of property to the Southold Town Planning Board. The proposed division was submitted to the Southold Town Planning Board on December 30, 1980. On January 20, 1981 I met with the Southold Town Planning Board, and they informed me that they were going to wait until the Zoning Board of Appeals acted on the variance application before considering the proposed division, per se. If there is anything that I can do to expedite this matter, please do not hesitate to contact me. Very truly yours, William H. Price, Jr. WHP:kam CC Mr. A. W. Albertson, Jr. Mr. Henry Raynor, Chairman Southold Town Planning Board alNlBI; .�%3,=3 �o .ijcf cj. . �p u lR 4 t lterc Lcti Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.L. N.Y. 11971 "7 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS. JR., CHAIRMAN TYPE II ACTION DESIGNATION SERGE DOYEN, JR. TERRY it}FIRt! IFI NOTICE OF NO SI NT EFFECT ROBERT J.DOUGLASS UPON THE ENVIRONMENT GERARD P. GOEHRINGER Joseph H. Sawicki Pursuant to Section 617. 13 of the New York State Environmental Quality Review Act (SEQRA) , Article 8 of the Environmental Conser- vation Law, and Section 44-4 of the Southold Town Code , the South- old Town Board of Appeals has determined the following-described project is classified as a Type II Action , not having significant adverse effects upon the environment. Pursuant to Section 617 . 5(a) of the New York State Environmental Quality Review Act , no further determination or procedure is required herein . This declaration should not be considered a determination made for any other depart- ment or agency which may also be involved or any other project not covered by the within application . Applicant has submitted an environmental assessment in the short form which indicates that no adverse effects were likely to occur to the environment. Buildings are existing--no new construction at this time . Applicant ' s Name : Frederic P. Rich. Appeal No . 2776 . Description of Project : Approval of insufficient area and width of two proposed parcels each with a residence and known as 1470 and 1580 Hobart Road , Southold , NY. Date and Place of Public Hearing : 3/5/81 at 8 : 30 P .M. at the Southold own Hall , Main Road, Southold , New York. Documents on File : Appeal Application , Notice to adjoining prop- erty owners with rnaTT receipts , Surveys or Sketches of the proposed project , Notice of Disapproval from the Building Inspector, Notice of Hearing, Environmental Assessment in the short form , photocopy of the County Tax Map showing this property and the surrounding area , and other documents as may be required. Person to Contact for Additional Information : Linda Kowalski , Secretary to the Board of ppea s , Town Hall , Main Road , Southold, New York 11971 . Telephone (516 ) 765-1809, or 1802 (Building Inspector ) . Dated: February 12 , 1981 . Copies to : Applicant or his agent. Town Clerk' s Bulletin Board. Supervisor, Town of Southold. �o��FFO(kco� Southold Town Board of Appeals IF O F MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.i., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS,JR.,CHAIRMAN SERGE DOYEN, JR. TERRY:FUTIN" ROBERT J.DOUGLASS GERARD P.GOEHRINGER January 26 , 1981 Joseph H. Sawicki William H. Price , Jr. , Esq . 828 Front Streetj , Greenport , NY 11944 Re : Appeal No . 2776 ,Application of Frederic P. Rich Dear Mr. Price : Y The Planning Board on September 23 , 1980 amended certain subdivision sections of the Code in that the term . . subdivi - sion shall not include the setoff or creation of a single lot from a parcel of land , provided that before an such setoff or creation shall take place, the owner s a su mlt suc proposal to the Planning Boar or its approval and determination of whether such setoff or creation constitutes a subdivision. . . , " Chapter A106-13. At a regular meeting of the Board of Appeals held Thursday, January 22 , 1981 and after legal consultation , it was the unanimous decision of the members that this matter be referred to the Planning Board by the applicant for compliance with the above , prior to scheduling this matter for a public hearing. Yours very truly, CHARLES GRIGONIS, JR. CHAIRMAN CG :lk cc : Southold Town Planning Board �( S1102T tVIRONMENTAL ASSE-SSt6t111 ruAhj i "7NST�UCTIONS : . �= al. In order to answer the questions in this short EAF it is assumed that the preparer will use- currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c) If all questions have been answered No it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project resu t in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . Yes X No 2. Will there be a major change to any unique or -unusual land form found on the site? . . . . . . . . . . Yes X No 3. Will project alter or have a large effect on existing body of water?. . . . . . . . • . . . . . . Yes X No 4.. Will project have a potentially largeimpoct • • , on groundwater quality? Yes X, 140 S. Will project significantly effect drainage X floc, on adjacent sites? . . . . . . . . . . . . . . . . . Yes No 6. Will project affect any threatened or endangered plant or animal species?. . . . . . . . . . . Yes X No 7. Will project result in a major adverse effect �— on air quality?. . . . .s. . . . . . . . . . . . . . . I. . . . . . . . . .�Yes X No S. Will project have a major effect on visual . character of the community or scenic views or, vistas known to .be important to the community? * Yes X ' No 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . . . : . .: . •:. . •. . . .`Yes X No 10. Will project have a major effect on existing or future recreational opportunities? . . . . . . . . _Yes X No 11 . Will project result in _major traffic problems or, cause a. major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . . Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s X operation? . _Yes—No 13 . Will project have any irpact . public health. or .safety? . . � . ^Yes X No 14 . Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . Yes X No PREPARER 'S SIGNATURE REPRESENTING Frederic P. Rich DATE January 8 1981 January 6, 1981 (Today' s Date) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Appeal Application of Frederic P. Rich Location of Property: 147U Hobart Road Southold, New York Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [�] May be located within 300 feet of: tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ J May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. [ ] Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S. D.E.C. ] Sincerely yours, FREDERIC P. RICH By: William H. ice, Jr. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL N0.-2776DATE ...;AS 1............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD' N. Y. 1, (We) ...Frederic,P. Rich ....................Of ..1479...Hobart Road Name*of*"Appellant* *......... ............................................................teetndumbe Southold Now York .......I............................I..............................I......................... ..... ......................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .................................... DATED ...1980. . .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Prederic P. Rich Name of Applicant f ar permit of 1470 Hobart RoadSo- u-t-ho-ld,....Now...York....................................... .........................................:e....... We iNumber' ..... ,... Municipality State PERMIT TO USE (X) PERMIT FOR OCCUPANCY (x) PERMIT TO DIVIDE 1. LOCATION OF THE PROPERTY ...1470Hobart Road —A Residential Agriculture ..........I..................... ...................................I........................ Street Use District an Zoning Map ..........*.........*...***.....**'"**-**o'*t"No **-*...**' "' Map No. L 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 111 $100-31 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (I a3)4has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such Gppeol was I request for a special permit I request for a variance andwas made in Appeal No. ......................... ......Doted ...................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested for the reason that Form ZBI (Continue on other side) REASON FOR APPEAL • Continued •• 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 1 (a) it is impossible to divide the subject par- cel into two lots of 40,000 square feet, and (b) because of the location of the two dwelling units on the subject parcel, it is impossible to have both proposed lots most the minimum width require- ment and still have both proposed lots border on Town Creek. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this parcel of property has two legal, separate and detached dwelling units now existing on the parcel unlike other properties in the immediate vicinity. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no physical change is contemplated by this request, and no increased use of the property will result. The only change would be that each of the dwelling units would be owned separately by different individuals which will not change the character of this residential district. FREDERIC P. RICH STATE OF NEW YORK ) ssBYt ... .... .......... ............................... COUNTY OF SUFFOLK Mgporrure QQ WILLIAM H. PRICE, JR. attorney/agent Sworn to this ............U.�.......................... day of...........January................... 19 81 3nryNo ry li euaiMW In SuNolk Countr BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE FREDERIC P. RICH to the Board of Appeals of the Town of Southold TO: Henry P. Smith 6 WE. Douglas F. Creighton YOU ARE HEREBY GIVEN NOTICE: 1.That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a(Variance)�5peeiaF6>foeptien){5peeieFFerrtrie{{Hte•fe8ewingreiief. 1. 2.That the property which is the subject of the Petition is located acl scent to your property and is dds- cribedasfollows: Bounded on the North by land of Henry �. Smith 6 wf., Bounded on the East by Hobart Road Bounded on the South by land of Douglas F. Creighton and Bounded on the West by Town Creek 3.That the property which is the subject of such Petition is located in the following zoning district: A Residential Agriculture 4.That by such Petition,the undersigned will request the following relief: Division of lot into two parcels of insufficient area (less than 40.000 square feet each) and one of which having insufficient width. 5.That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III 5100-31 6.That within five days from the date hereof,a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road,Southold,New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted,a public hearing must be held on the matter by the Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman,newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: January , 1981 Peti-�er FREDgkffP. RICH By: WILLIAM H. PRICE, JR. attorney/agent Post Office Address 828 FRONT STREET GREENPORT, NEW YORE 11944 PROOF OF MAILING OF NOTICE NAME ADDRESS Henry P. Smith & wf Hobart Road Southold, New York 11971 Douglas F. Creighton 320 East 54th Street New York, New York 10022 t r STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) KATHY A. MAZZAFERRO residing at (No B) Chestnut Road, Southold, New York 11971 being duly sworn,deposes and says that on the '✓h day of _ January ,79_,deponent mailed a true copy of the Notice set forth on the re- verse side hereof,directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Southold (certified) (regist¢red) mail. led e;that said Notices were maito each of said persons by s w re led �'XA_aLLL1 t/Q/.1/.2Q LO/r/r� KAVtY�A. O Sworn to before me this d f January ,79 81 otary Public -' coals k. er,ue NOTARY POBI'C of New York Sellolk Cagy 470151 lean Egos Mau 30, .1 P19 - - - - UJ -� P19 z RECEIPT FOR CEktiFIED MAIL RECEIPT FGA C:jATIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) SENTTO SENTTO Mr. Douglas Creighto MSM Henry P. -smith _ _ STREET AND NQ -NO --- _ -- - - _- 320 E. 54th St. STREETA t Hobart Road P.0 STATEANDZIPCODE p.O..STATEANDZIPCODE New York, NY 10022 Southold NY 11971 POSTAGE E POSTAGE _ _ _ _ E ._ _ CERTIFIEDFFE ¢ CERTIFIED FEE ¢ m r. SPECIAL DELIVERY ¢ SPECIAL DELIVER Ee -R EY ¢ RESTRICTED DELIVERY ¢ RESTRICTED DE LIVERY ¢ SHOWTOWHOMANO ¢ SHOW TO WHOM AND ¢ ff W �+ MTF DELIVERED ui uV'i v MTEDELIVERED a Z w SNDA 10DAFSSO MTF i w ANOAODRFRS OF ¢ SHO WTD WHO DATE OF g im ITLIVERY W AND ADDRESS OF ¢ __, S a u IIELNERY _ _ _ g i SNOW TO WNOM AYU IIAIE io SHOW TO WHOM AND DATE m OFI IVERED WIIH AESTPICTE ¢ 6 z o m DELIVFAY �_ e z DEL VERY WITH RFSTR!CRE SHM76WHOM.MTEAND - - - H SHOW TO WHUM.DALE AND m MSTRICI FOELIVERY'W�IH ¢ z ADDRESS OF DELIVERY W11 ¢ ,o PEETRICIEU DELIVEAv RESTRICTED DELIVERY r — w rn TOTAL POSTAGE AND FEES E aE TOTAL PGSTAOEANOFEES n FOSTMARNOROATE----- - - - - n POSTMARNOROATE g 1/8/81 1/8/81 `a y. G In a H. SMITH u N,59 35'OQ E: Q•t ' / X t w m o N $ E. Z PN2CEL2 �1------_N_.58:35ODr, O I 5Qm 3 y gRD ' 88 . 18, 4, T18fSF. \ i 1? Q 8 \ 7rn g ,t ,� LJCAT'ION MAP n F 1 sw+nfie to. PARCEL 1 i ,,�,� gni -- --- - MAGE FUft ! 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(OAddressee or OAgent) • IN 11111111111111111111111111111111 B. Received By: (Please Print Clearly) 7192 6463 3110 0000 8887 C. Date of Delivery 1. Article Addressed To: D.Addressee'sAddress fxD1ft.F—Addn..UasdbyS-ds0 ANTHONY 8 JEAN PEMPER 7T- GREENWOOD AVE. BROOKLYN NY 11218 9econEery NELrezzl Suite 7hp1 l Float(Please Pr/nt Clearly) Delivery Address ............ _ ..._ ...........-....... staid. Cily. State ZIP•4 core — l MOORE LAW OFr 4. Restricted Delivery? 3.Service Type 51020 MAIN R&A CERTIFIED j SOUTHOLD NY 11971 (Extra Fee) QYes 2. Article Number 7192 6463 3110 0000 8863 A. Si nature: dresses oroAgent) 11111111111111111111111111111111111111111 B. IRT(e�ce�tiweydB, { any) I 7192 6463 3110 0000 8863 cJ tRN ltlr Po `�i C. Date of ery 9 t;� 1. ALUTddressedl To: 14 N Q/ D.Addressee's dd sfxwmomF da .Wgby"O'e" JURY PIETRODANGELO PO BOX 516 SOUTHOLD NY 11971 -"secondary Address f suite I APL I Floor fPleiae Pnrd Claadjj oervery Address -_._._.........................._..... . .•.... City 6tale..-..��-�-ZIF 4 COGS 1 PATRICIA C. MOORE 8, Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 April 8, 2011 A?R 1 1 2011 Attn: Carol Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 via email; original to follow RE: BATTAGLIA SUBDIVISION SCTM: 1000-64-3-3 DATE OF HEARING; MONDAY, APRIL 11, 2011 Dear Carol: With reference to the above, attached please find affidavit of mailing, green cards received as of date and affidavit of posting. Thank you. V trul yours, P ricia . M ore By Bet P ins LA PCM/bp encls. PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------X In the Matter of the Application of AFFIDAVIT JOSEPH & HEIDI BATTAGLIA OF (Name of Applicant) MAILINGS CTM Parcel #1000-64-3-3 -------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 151 day of April, 2011, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the X ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. A3 a ( Ie) ETSY PE KI 4 Sworn to before me this 8`h day of April, 2011 (96tary Public) MARGARET C. RUTKOWSM Notary Public, State of New York No. 4982528 Qualified in Suffolk County. Commission Expires June 3, ;ZO // PLEASE list, on the back of this Affidavit-dr on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. JOSEPH & HEIDI BATTAGLIA SCTM: 1000-64-3-3 ANDREW SEMONS 1580 HOBART ROAD RE: Battaglia PB final SOUTHOLD NY 11971 I 7192 6463 3110 0000 8849 SCTM; 1000-64-3-2.2 — WM. & ROBYN PENNY ' f 2200 HOBART ROAD RE: Battaglia PB final SOUTHOLD NY 11971 7192 6463 3110 0000 8856 SCTM: 1000-64-3-4 JOHN & MARY PIETRODANGELO RBattaglia P B final PO BOX 516 I SOUTHOLD NY 11971 I 7192 6463 3110 0000 8863 SCTM: 1000-64-2-13 LINDA A. FISCHETTI RE: Battaglia PB final PO BOX 616 SOUTHOLD NY 11971 7192 6463 3110 0000 8870 SCTM: 1000-63-2-14 - I ANTHONY& JEAN PEMPER 722 GREENWOOD AVE. RE: Battaglia PB final BROOKLYN NY 11218 SCTM: 1000-64-4-1 , 7192 6463 3110 0000 8887 ANTHONY&JEAN PEMPER 722 GREENWOOD AVE. RE: Battaglia PB final BROOKLYN NY 11218 SCTM: 1000-64-4-2 I 7192 6463 3110 0000 8894 PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF JOSEPH & HEIDI BATTAGLIA SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-64-3-3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JOSEPH BATTAGLIA residing at 28 Wilton Road, Cold Spring Harbor NY 11724., being duly sworn, depose and say that: On the day of `(JC 1\ ,I , I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet of the front property line facing the street(s) where it can easily be seen; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be MONDAY, APRIL 11, 2011. �2 �- �JSEPH BATTAG IA Sworn to before me this day of ra-pLi� �7 I I BETSY A.PERKINS Notary Public,State of New Yb* Notary Ple iG No. 01PE6130630 �/ Qualified in Suffolk County Commission Expires July 18, � 'near the entrance or driveway entrance of the property, as the area most visible to passersby. ' r J i MOORE L-kW?WFX'CE.. — a. Restricted Delivery? 3.service Type 51010 m",: SOUTHOLD 1W4 " (ExtraFea) ❑Yes CERTIFIED 1 2 Article Number 7192 6463 3110 0000 8849 ' ' i • . . . pppt pNp ryyN A Sign re: (OAddressee or❑Apen0 IIIIpNIIII�III IIIIIIIII�IIIIII III Received By: (Please Print Clean 7192 6463 3110 0000 8849 � ! C. Date 1311,ve, I. Article Addressed To: m1 D.Address 'sAddre ;(No nMFmml ppiusU�eJbySeMpf ANDREW SEMONS . I 1580 HOBART ROAD a SOUTHOLD NY e I 11971 ee<Pntlery Atldnae./5'le L�Fleor(P%aeser Pnnf Lleetly) I v a 'i 3 Delivery aeE a ................__....__..._...... 3 CITY Slale - -ZIP�0 Cotle I MOORE LAW OFFICE 4. Restricted Delivery? 3.Service Type T 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) Yes CERTIFIED 2. Article Number a 7192 6463 3110 0000 8856 Sign re: (OA dry?see or Ll Agent) _ I�lilil�llllllll��llllll�lil�llllll�l � I, e 1 ed By: ( ea a Print Clearly) (192 6463 3110 0000 8856 li C. Date of Delivery 1. Article Addressed To: I j D.Addressee's Address(nDlnnmF—Aamarsu.edbys.nded WM. 8 ROBYN PENNY 2200 HOBART ROAD _.__......................._...__._..-.. SOUTHOLD NY 11971 Secontlary gtlaress I Suite I apt./Flasr(Please Print Clea�lyj .__........_-.........----------._..........._......_.._......__.....__. Delivery Adtlresa 1 Clly Slale ZIP+<CUEe 1 Dear Chairman Sidor and Members of the Board,We are homeowners next to the Bataglia structure. We strongly agree with all our neighbors about the subdivision approval on the property. After seeing how we were deceived by what was built next to our home and watching horribly as beautiful trees and wetland were destroyed you can understand our concerns about what will be done to the other piece of property. Hobart Road will never be the same because of that structure that was built and another one would be beyond disastrous. Please give careful consideration on what will be allowed on the second piece of property. Sincerely, William and Robin Penney 2200 Hobart Road APR 11 2011 U �V Southold Town Planning Board Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold,NY 11971 April 8, 2011 To Whom It May Concern: I am writing to voice my complete opposition to the development and subdivision of the Bataglia property on Hobart Road. The current construction is totally out of context with adjoining properties and neighbors. Such expansionism degrades the overall cultural, architectural and social integrity of our entire community. This is an historical area that is traumatized with the dramatic speed and breadth of growth in the heart of its backyard. Having spoken with a majority of the people who live in the area, no one wants to see any more structures like this built in the vicinity in which we live. I have grown up on this street all my life and have always said that I know every tree by name. I am personally heartbroken by what has occurred here on Hobart Road and find it hard to walk by the Batlaglia catastrophe. Please hear the voices of all those who contact you in opposition to the continued development of this property. Above all please hear us when, not just myself but all of us, are apposed to the subdivision of this lot. To do so would be a disaster. Thank you for your time and consideration. Sincerely, APR 1 1 2011 (JJamieavisr On Hobart Road P.O. Box 863 Southold,N.Y. 11971 FAX Date: April 8, 2011 From: Jamie Davis 631-765-6235 (home phone) To: Southold Town Planning Board 631-765-3136 (fax #) Attached please find letter of opposition to the development and subdivision of the Batagiia property. I am planning on submitting a verbal statement to the Southold Town Planning Board at the Public Hearing on April 11'". Thanks for your time and see you therel Sincerely, ami avis APR 11 2011 10168 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 31St day of March 2011. -� Principal Clerk a Sworn to before me this day of 2011. LEGALNOTICE CHRISTINA V0 NSKI Notice;oi publicl{eltdng NOTARY PUBLIC-STATE OF NEw YORK NOTIC `IS'Y-IER$BY GIVEN that, No. BI-V0610fi000 pursuaut So:ySerl}on 276 of'the Town Law and Article XXV of the Code of fduallf16C1 in Suffolk County ;th&'IdFvn bfSouthold- a'public hear- My COtnmllljon tKplret Febnubry 18, 3012 ring will be,held by tithe Southold Town Planning Board,at the Town Hall,Main -Road,Southold New York on the 11th day of Apr# 1111 on,the question of the �followidg: , w x � e6. 6 00V irL.'R,iop,se44ite Plan for In- diaWN k`Fa`Vh lot*aied afd170 Indian Neek lane„D.R 3+acres on the s/s/o Indian Neck T;Sne,946'w/o Arrowhead +t�3pe" iewdof Southold,Coun- tyof5uffolk,S to of New York.Suffolk Cwglutty,,TaxdVumbgrs.�000-y�8-1- 37lait, �10.d&12 " '602 pm.,'Prop-qe ,40ndard Sub- division of Joseph..& Heidi Battaglia luented„al,1720 Hobart Road,on the 'Q(s%o- Hobart-:-Road, approximately 1059'n10 Terrk.jqtme h Id,Town o{ Southold,.,, k State -o-f New York, o�k4county Ta*Map Number 1000fi4-"3 Dated:3/16/11 -BY ORDER OF THESOUTHOLDTOWN PLANNING BOARD Martin H.Sidor Chairman 10168-1T 3/31 _ f PLANNING BOARD MEMBERMAILING ADDRESS: a �qf so�ly • P.O.Box 1179 MARTIN H.SIDOR h�� Ol0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS G • OQ 54375 State Route 25 JAMES H.RICH III O� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI '`CQU Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of April, 2011 on the question of the following: 6:00 p.m. Proposed Site Plan for Indian Neck Farm located at 4170 Indian Neck Lane, on 133+ acres on the s/s/o Indian Neck Lane, 646' w/o Arrowhead Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-98-1-27.1 & 2.1 and 97-9-10.4 & 12 6:02 p.m. Proposed Standard Subdivision of Joseph & Heidi Battagli2ilocated at 1720 Hobart Road, on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-64-3-3 Dated: 3/16/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, MARCH 31, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott[cschott@timesreview.com] Sent: Wednesday, March 16, 2011 11:18 AM To: Kalin, Carol Subject: RE: The Attachment for 3/31 Edition Hi Carol, I have received the notice and we are good to go for the 3/31 issue of the Suffolk Times. Thanks and have a great afternoon/evening!! Candice From: Kalin, Carol [mailto Carol.Kalin@town southold.ny.us] Sent: Wednesday, March 16, 20119:56 AM To: tr-legals Subject: The Attachment for 3/31 Edition 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 3/16/2011 Page 1 of 1 Kalin, Carol From: Kalin, Carol Sent: Wednesday, March 16, 20119:55 AM To: 'Legals' Subject: Legal Ad for Suffolk Times 3/31/11 Edition Please print the attached legal ad for the April 11th Planning Board Public Hearings regarding the Indian Neck Farm Site Plan & the Battaglia Standard Subdivision in the March 31st edition of the Suffolk Times. An e-mail confirmation of receipt for our files 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 3/16/2011 MAILING ADDRESS: PLANNING BOARD MEMBERS• pF SOUryO • Southold,,ox 1179 11971 MARTIN H.SIDOA �Q �� Char OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDSG �p� 54375 State Route 25 �` JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COU M'1 Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 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 11th day of April, 2011 on the question of the following: 6:00 p.m. Proposed Site Plan for Indian Neck Farm located at 4170 Indian Neck Lane, on 133+ acres on the s/s/o Indian Neck Lane, 646' w/o Arrowhead Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-98-1-27.1 & 2.1 and 97-9-10.4 & 12 6:02 p.m. Proposed Standard Subdivision of Joseph & Heidi Battaglia located at 1720 Hobart Road, on the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-64-3-3 Dated: 3/16/11 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 16th day of March, 2011 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 4/11/11 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Site Plan for Indian Neck Farm, SCTM#1000-98-1-27.1 & 2.1 and 97-9-10.4 & 12 6:02 p.m. Public Hearing for the proposed Standard Subdivision of Joseph & Heidi Battaglia, SCTM#1000-64-3-3 r'Carol Kalin Secretary, Southold Town Planning Board (Sworn to before me this tb day of 2011. ;t Notary Public NOTARYMELNIE DROSKI UBLIC ,Sta a of Now York No. 01004634870 Qualified in Suffolk County Commission Expires September ty0, • • MAILING ADDRESS: PLANNING BOARD MEMBERS pF SOUryo P.O. Box 1179 MARTIN H.SIDOR �Q l0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS ua a� Town Hall Annex KENNETH L.EDWARDS G JAMES H.RICH III 0 a�Q 54375 State Route 25 DONALD J.WILCENSKII�COU�rty (cor. Main So YoungstholdAve.) n Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 15, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Set Final Hearing: Proposed Standard Subdivision for Joseph & Heidi Battaglia Located on the w/s/o Hobart Road approx.1,059 feet n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, March 14, 2011, adopted the following resolution: RESOLVED, that the Southold Town Planning Board set Monday, April 11, 2011 at 6:02 p.m. for a final public hearing regarding the final plat entitled "Final Plat of Joseph and Heidi Battaglia", dated as last revised October 17, 2010, for the above-referenced standard subdivision. 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. You may pick up the sign and the post at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the sinned areen return receipt cards before 12:00 noon on Friday, April 81n. The sian and the post must be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, `'"k -► , Martin H. Sidor Chairman Encls. 0 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#1000-64-3-3; 3. That the property which is the subject of this application is located in the R-40 Zoning District; 4. That the application is to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. This site is located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold; 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 (2nd 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 e-mail message to: Carol.Kalinatown.southold.nv.us; 6. That a final public hearing will be held on the matter by the Planning Board on Monday. April 11. 2011 at 6:02 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: Joseph & Heidi Battaglia Date: 13/15/2011 s • 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., 4/8/11 Re: Proposed Standard Subdivision for Joseph & Heidi Battaglia SCTM#s: 1000-64-3-3 Date of Final Hearing: Monday, April 11. 2011. 6:02 p.m. Town of Southold PCICodebookfor Vindows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L.No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time,date,place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition,initiated,proposed or requested by an applicant or petitioner,other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail,return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date,time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 JOSEPH & HEIDI BATTAGLIA BATTAGLIA STANDARD SU BDIVISON • 1000 = 143 =3 -33 . 2 Proposal to subdivide a 112,743.23 sq. ft. parcel into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning District and Lot 2 equals 63,480.41 sq. ft. in the R-40 Zoning District. MONDAY - APRIL 11 , 2011 - 6 : 02 P . M . 2b-0 e )OV0 5-09-0 = 1 100-0 .IS r 10.19.0 x by»oma yp. 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Ezd x NOTICE K xl rMxq SOUTHOLD SECTION NO 1� z —_ _ ""`" — ..w 6 SALE OF Real Property Tax Service Agency ygt�m a MAHTENNICE�4LFF1T E Fir—I •• brs R+.kr l.e -A rvkemnkr 1 e —x5T—- E r T M g51pEil EO Of ANA Pa1TUN 6)xE YllY£a D `—F-"'• 2 mem.. r T-r Lu e,ek.q. -. _ EUT �Elzxu sAeEa.C0.eTr i.z xen rs xlmixnTTq Camty Center PoverhegA,N Y 11901 M 064 D �`mx` o:n k� 321 1101 or 1$.1. T^ qA mnk:1b -n r.nre mrm Ib —xx—- ...E T .ASTIIX • .nKNT.MTTEN VExM CE TNT b Iro SC4f N OUT;LI ]» A [eM:Y an 12.1 11c1 '+�1.. ----- S-Fr _ _ 6Tu mroTnTr T1x sTrmcE ArcNcr. �a P oro mI�T xo 1000 PROPERTY MAP coxATlrsw W.TL T»T I • WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, March 14, 2011 4:00 p.m. 4:00 p.m. Executive Session: Assistant Town Attorney to review status of pending legal matters Applications L.Projeq,name Owen Construction 1 SCTM# ] 1000 102-2-12.5 --- - ._ ...-. ............ Location n/e corner of Depot Lane and NYS Route 25 in Cut chogue -. - -._. I Description: This site plan is for the conversion of an existing dwelling to professional offices I on a 20,224.,28 sq. ft. parcel in the RO Zoning District Status:__ Approved p Pending Inspection .-- -._ p _ — - - --..... ... ... . -.-..-.-. .. ..._..... Action Attachments None w ro osed si n &site—site-vis to w.. si n mock u Protect name Aries EstateslTul y — LSCTM# 1000-22-3-2 --- -- Location: at the westerly terminus of a private right-of-way which extends north from t K�leigh's Court in East Marion - ..-... ....-.. --.-- --------------------------------- -.-._-... . -------- _------_.-..-.-.-. Description. Standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 = 3.7 I acres, including 1.7 acres of open space, and Lot 2 = 7.1 acres, including 4.6 i I acres of open space, in the R-80 Zoning District. .. ............. - -. Status: 1 Conditional Preliminary Approval -- -- - - Action ( Review draft letter responding to applicant s recent letter. Attachments ] draft letter&applicant's recent letter Pro/ect name Battaglia, Joseph and Heidi I SCTM# [ 1000 53-4-44 1 &44 3 j - -- - Location West side of Hobart Road approximately 1 059 feet north from Terry Lane Southold -- — .. ---- ......._ .-_.._.__ Descnption. This is a standard subdivision to subdivide 2.32 acres into two lots where Lot 1 j = 43,213 s.f. and Lot 2 57,809 s f in the R-40 Zoning District ._ — __ Status: Conditional Preliminar�Approval --- -- -. Action Review Final Plat Application Attachments Staff ReQort . oiect_name Conklmg Point Estates 1SCTM# ] 1000-53-4-44.1 &44.3 { Location. west side of Kerwin Boulevard, approximately 575 feet west of August Lane, in I 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. This project includes the transferring of 37,882 sq. ft. of j buildable lands from SCTM#1000-53-4-44.3 onto the subject property for the purposes of establishing yield. Status: Conditional Preliminary Approval -- -.._ -.._.-_ .... - 1 Action: Review Draft Conservation Easement. Attachments: 1 Hand Out 5:30 p.m. Review Public Meeting Agenda For Discussion: Planning Board Training - set the schedule. • J • • Pp Po 3au ► 1 -1rt c L>' I-v> KA (A `7 F F R 2 ° 71 Pro pose- d L, , .'Is Iovio G_5) raProf / - SCTrrl loco - be-ar UIQ rrr�c. n > >ao�c c�Cl Yl� erY� �f��x cit 'ie �7GrJflc�". �1-�- 1 ��3 5 I-c�un�e�s 'N)A , n &>c4 -O )j I L)SloannA r art' V Cbnce-j`r� tJ�a�oc.,iJt foffe°d SV V; s , 0V) �xzs J Sabo JC R �rcc�t4e_J a4 4 61 -lcS < fk et c�Y��&en�`, A 4i� n1a"n, TwkeAe PiLq.�3a44TCa. tuck- c� pIle t, m;"\, ;I C.Il �_ V(d nJu�c� v, de h s -ncrn CS41 a- o - � �-elle_ d -I� i.��r; _ O-iis AS cOri�4-f-uc+o TN prc, ceoo3 On hie OoLL) PJLP_cAe-cA. 1�0 MN ,vr w (f n.e. Ccc��LL,ZE cl o+ how icv - s+ruc_ orr_ wGCS, q giver, �U2 ur,i1, -p �e� �..�.o �eJ���{ C3�-�'1c) ';-k P rp K i m` k—oo-d. J I ou Lp er)-� 01'-� c',-nj o n OL n� ca n 1 _l r ' LLr\ (01 eek, .T tA-YYt 5L)c r-�s e� - l ,e �(�Lru �'�r , 50cuNd FelvYyl%44-o>l k i .-n �o VA); LA C VI vs - �l� 'tom evarn-ple- V N n L U N� . �c�-t}moi% �t ,�<, lJ�e���(t ►k,n p�P�l�m� ^�.�-f �0 4u ,o- 1 JL S inn �/1�Ct.d,l . `j(} I �lA.� n'i N ���lnC Ps✓v7S ca'!Y� `C'�tD�N V),e an k � C/Zi �ji �O 1.12 CGr'1 S i Cl<'J1 a+ on ii ,vi �lnaioU+%c4.ca.� AMA, MARTIN SIDOR SOL YHOLD PLANNING BOARD SOUTHOLD. NY. RE: JOE BATl_AGLIA PLFASE CONSISDER HAVING A HEARING ON THE SITUATION OF .ALLOWING JOE BATTAGLIA TO BUILD ADDI TIONAL BUILDINGS ON HIS PROPERTY ON HOBART ROAD IN SOUTHOLD. FHANK YOU DKO(- L (jVLt), Umj 1 H 2420 HOBART ROAD SOL IHOLD.NY • • MAILING ADDRESS: PLANNING BOARD MEMBERS �V S0 P.O. Box 1179 MARTIN H.SIDOR ��� 0� Southold,NY 11971 Chair 411 OFFICE LOCATION: WILLIAM J.CREMERS N -S6 Town Hall Annex KENNETH L.EDWARDS .r �0 54375 State Route 25 JAMES H.RICH III M (cor. Main Rd. &Youngs Ave.) I DONALD J.WILCENSKI �COUl, Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Extension of Conditional Preliminary Approval: Proposed Standard Subdivision for Joseph & Heidi Battaglia Located on the w/s/o Hobart Road approx.1,059 feet n/o Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, February 14, 2011, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision of 101,002 sq. ft. into two lots where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, on April 27, 2009, the Southold Town Planning Board resolved to waive the prohibition on disturbance of existing conditions to allow for the demolition of an existing bam, and again on June 9, 2009, to allow for the demolition of an existing house and construction of a new house; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on July 14, 2009 upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III, L.S.; and 0 9 Battaglia Page Two February 15. 2011 WHEREAS, on October 19, 2009, the applicant submitted an application for Preliminary Approval; and WHEREAS, on January 11, 2010, a Preliminary Public Hearing was held and closed on the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S.; and WHEREAS, on February 8, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, based upon an uncoordinated review of this Unlisted Action made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on February 8, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S., subject to six (6) conditions; and WHEREAS, on August 8, 2010, the Conditional Preliminary Approval granted on February 8, 2010 expired; and WHEREAS, on September 7, 2010, the applicant requested that Conditional Preliminary Approval be extended; and WHEREAS, the Southold Town Planning Board has been reviewing a re-vegetation plan submitted by the applicant in conjunction with the Southold Town Trustees prior to considering the request for an extension of Conditional Preliminary Approval; and WHEREAS, the review of the re-vegetation plan is now complete; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of Conditional Preliminary Approval for the above-referenced subdivision from August 8, 2010 to August 8, 2011. If you have any questions regarding the above, please contact this office. Very truly yours, )m Martin H. Sidor Chairman P� Craig Rich 1470 Hobart Ave Southold, N.Y. 11971, (516) 884-6263 February 10, 2011 Southold Town Board F J 53095 Route;25 P.O. Box 1179 Southold, N.Y. 1 x971 Re: Battaglia pro)erty Hobart Road Southold, ICY Dear Members o 'the Town Board, My Tamil!r, the Riches,have lived on Hobart Ave since 1930. The property currently owned ay Joe Battaglia belonged to my father's uncle and was split into three parcels. One of f rose parcels, now owned by Andrew Semon, belonged to my father's cousin, and at on�-point my parents. My family continues to live to the third part of the original property (1470 Hobart Ave.) The Riches have always enjoyed the peacefulness and country feeling of Hobart Ave and Town C reek. Since the start of construction on the Battaglia property, we have been distressed t:) see the tranquility of the neighborhood greatly disturbed. It is my t nderstanding that the original blueprints which were submitted to the Board for the M ttaglia home were of a modest design. What I have watched transpire has been the buildin g of what looks like a castle out of Disneyland. Driving and walking down Hobart Ave, we have watched as the structure has continued to grow in both width and height beyond a ayone's wildest dreams! It is my :mpression that Mr. Battaglia's theme has been "build now and address the illegal ramificat ons later"This brazen attitude makes me and my neighbors fearful for what will be bui It on the empty lot in question. Will another modest proposal be submitted again only to be disregarded totally when the actual building occurs? I have re ad my neighbors' letters of discontent. 1 am in agreement with them and with Andrew Se aeons' legal request for the Board to consider modifications to be made on the empty lot at d dock under consideration. Thank you for your attention to this matter. Yours Very Truly, L Lratg B. Rich 70/70 39Vd 3JN7d9C3d J0 F.ah_.h,=�.T�:9 "S:hT TT0"/TT/�O Southold Town Beard 53095 route 25 po box 1179 Southold,N.Y 119'1 Copy of letter mai ed Today I had been reque:ted to mail and fax my letter S in�erely Yours Craig Rich 7O/TO 39"d 5 7T TTA•:7 TT%.70 ctNece� FEB 1 4 2011 i • P� MARTIN SIDOR SOUTHOLD PLANNING BOARD SOUTHOLD.NY. RE: JOE BALI AGLIA IVIR III/VR: PI F.ASF CONSISDER HAVING A HEARING ON THF Y I I iA"IION OF Al LOWING IOP BA IAGLIA TO BUILD ADDII IONAL BUILDINGS ON HIS PROPER IY ON HOBAR I ROAD IN SOU'PHOLD. THANK YOU. 2420 HOBARF ROAD SOUTHOLD,NY F�6 02 ' 1.1 PION 13::)4 1 \\ 63I 76b 61.15 Stll''191OID l'Oa'S CI.I.NK • � ,-� Planning � Z002 • -�5 T � M To The Town of Southold Planning Board, It has come to our attention that yon are contemplating a public hearing on the final subdivision approval for the Battaglia properly at 2000 Hobart Road.We are in favor of a open hearing so that all cnmments can he considered.William aad Robin Penncy va a�00 00boA FEB - $ 2011 02 ' I I !10A 13:54 I",AS 631 76a N1 ;:, SriIT1101 D I Otc,A' CLI?RK >, , Planning 1&001 • F LFy _ g 2011 =copy&pnntcenter Complimentary Self-Serve Fax Cover Sheet To: IC�nn�Pl_(� c,, From: Qob� �n Fax #: C9 3 I " -7 Cs- 5,- (9 Phone #: k 1 - 02`7 �V Date, Reply Fax #: Number of Pages (Including Cover): 'aq, Urgent ❑ Confidential IILJ Confirm Receipt We'll do it right the first time — guaranteed. Gluck a wlote copies•Color coplas•Wslom printing•61nd!ng•rolding-Wlda-format copying•Custom staptps•UPS siflpping arta more lad . ® _ siosmuv oovsre To'. Martin Sidor Chairman Page 2 of 3 0" i-o-, n 21 51 451GMT 631-614-3516 From'.Joseph Fischettf.PE PROFES-' 0U AI- ENGINEER 1i25 HObAR( COAIU pO L3or GiE SOUTHOLD. NEW YORK 11971 TEL 6317E5 '.3-4 • FAX 631 614 '516 • e-mail joseph@flschetti com �W Date: February 7, 2011 Reference: Battaglia Subdivision Martin Sidor, Chair Southold Planning Board Main Road Southold, NY 11971 Dear Mr. Chairman, I have reviewed your files at the Planning Board regarding the above referenced subdivision today. I find inconsistencies between the preliminary subdivision map dated February 12, 2010, the current final Subdivision Map stamped in October 20, 2010, and a current survey by Nate Corwin. There was a preliminary plat that was presented to the public that I assumed that would be followed. If this Board is going to accept an extension to their preliminary approval there needs to be some consistencies with what is actually happening on the site and what has been approved. One of the most flagrant non compliance items between the Preliminary Map and the actual conditions at the site are the areas that have been cleared in areas noted on the Map as "Limit of Clearing". 1. "Proposed Limit of Clearing" on the preliminary is not shown on the final plat. No notations of clearing limits are shown on the final plat. a. The southern portion of lot#2 has been cleared within the clearing limits. The area cleared within the 'limit of clearing" should be re-vegetated. b. Your staff states that the Board was at the site and noted that large trees in that same were taken down in the South of Lot#2 were "diseased" so it is OK for him to take them down. That is unacceptable. When does the applicant get the approval to take trees down within a clearing limit? Even trees that are "diseased" can last many years and be a benefit for the adjacent community. c. Construction drive was cut through the Lot#1 'limit of Clearing" on the north side. 2. Proposed driveways and parking areas for the existing home on lot#2 do not show on final plat, only a small entrance drive. 3. Existing sanitary system is not shown and encroaches on the "limit of clearing" 4. The note "row of staked hay bales with silt fencing to be installed prior to the start of any construction" is on the final plat. This is very curious since the hay bales were never installed prior to construction, the Trustees forced the applicant to place hay bales and now according to the Corwin survey they are not placed in accordance with either the preliminary map or the proposed final plat. To Martin Sidor Chairman Page S of 0�I U-0, a I S 1 d5,GMT) 631-614-3516 From.Joseph Fischetti.PE • Requests for the Board to consider. 1. Preliminary map of Lot #1 across from my home only shows a "limit of clearing" adjacent to Hobart on the North side only. That 'limit of clearing" should extend across the property on Hobart with additional evergreen plantings required in the area that has been cleared during the current construction. 2. Now that a construction drive has been cut through that buffer the driveway for Lot#1 should be located there. 3. 1 request that the Board consider limiting the house construction on lot#1 to a ranch type home. This would allow a transition from the two story mansion to the more modest homes to the North. Thank you for your consideration. Very trulyyours • Joseph Fischetti, PE To. Martin Sidor Chairman Page 1 of 3 LX i 1-02-07 21 51 45(Gh4?) 631-614-3516 From Joseph Fschel i,PE • F t Martin Sidor Chairman Southold Planning Board 16317663136 From: Joseph Fischetti, PE comp:n : Professional Engineer Fax Number: 631-614-3516 PHONE: 631- 766-2964 Date: 2011-02-07 21 :45:32 GMT i�1 iil;'—'O Lbw AE9:�11 i?iii F VEEI71— F'AGF Al � � Fps .Afs. Diane Pietrodanpelo � � f✓` ' '• ,ses rl,om..se.a F vd.d NY 11971 Mnclk.291 259.1962 6mA�Nc4Y1R'L23erae9PC February 6, 2011 Mr. Martin Sidor Chairman Planning Board Town of Southold PO Box 1179 54375 State Routs 25 Southold, NY 11971 Re: Battaglia Subdivision/West Side of Hobart Road SCTWW:100-64-3-3 Dear Chairman Sidor and Members of the Board 1 am the current owner of 1585 Hobart Road, Southold, property that was deeded to me March 2010 on the death of my father John Pietrodangelo. For over 30 years my parents owned their home and 1 have spent many enjoyable years hero. My plans are to become a permanent resident once 1 sell my existing home In New Jersey. Unfortunately I was too late to voice my concerns in reference to the construction of Mr. Battaglia home Sanaa the street from mine because his notices concerning planning board meetings were sent in the name of my deceased parents to a Southold PO Box when in fact all property correspondence comes to my home in New Jersey. I have seen the construction progress on his home and have been conoemed it is out of character with the other residences on the block by nature of its enormous size, height and construction style. I also fear that my property will be devalued because of these factors. 1 understand from my neighbors that Mr. Battaglia is asking for an extension of the preliminary plat approval for the property as it applies to the subdivision he originally requested. I believe that modifications need to be made to his original request so that a similar structure is not allowed to be constructed on the subdivision and to be in full view of the neighborhood. 1 do not know about the workings of a planning board but I art sure evergreens and plants as well as road setbacks etc can be addressed to supply a buffer for the community- Hobart Road has well established beautiful homes in keeping with Southold's values_ Mr. Battaglia has constructed a home that detracts from the established tomes on the road and town. I am requesting that the planning board allow his neighbors and those with an interest in Hobart Road the ability to have their voices heard conoeming his subdivision request and proposed modifications via a public heanng Thank you for taking the time to read my concerns, Any correspondence can be addressed to the below address. Sincerely, Diane Ptetrodangelo 158 Watson Ave West Orange, NJ 07052 F - 7 2A 01/0115'000 00:01 97373E dEPIZON • PAGE 01 .�J Afs. Diane Pietrodange(o imsRAW Bad aM4.6d,rN 11971 MOM,W12393%2 &.4.sskkwvxU30"hwo February 6, 2011 Mr. Martin Sidor Chairman Planning Board Town of Southold PO Box 1179 54375 State Route 25 Southold, NY 11971 Re: Battaglia SubdivisionJWest Side of Hobart Road SCTW:100-64-3-3 Dear Chairman Sidor and Members of the Board: 1 am the current owner of 1585 Hobart Road, Southold, property that was deeded to me March 2010 on the death of my father John PiebWangelo. For over 30 years my parents owned their home and 1 have spent many enjoyable years here. My plans are to become a permanent resident once 1 sell my existing home In New Jersey. Unfortunately I was too late to voice my concerns In reference to the construction of Mr.Battagiia home across the street from mine because his notices concerning planning board meetings were sent in the name of my dem parents to a Southold PO Box when in fad all property correspondence comes to my home in New Jersey. I have seen the construction progress on his home and have been concerned it is out of character with the other residences on the block by nature of its enormous size, height and construction style. I also fear #rat my property will be devalued because of these factors. I understand from my neighbors that Mr. Battaglia is asking for an extension of the preliminary plat approval for the property as it applies to the subdivision he originally requested. I believe that modifications need to be made to his original request so that a similar structure is not allowed to the constructed on the subdivision and to be in full view of the neighborhood. I do not know about(the workings of a planning board but I am sure evergreens and plants as well as road setbacks ate can be addressed to supply a buffer for the community. Hobart Road has well established beautiful homes in keeping with Sout holds values. Mr. Battaglia has constructed a home that detracts from the astathNahed homes on the mad and town. i am requesting that the planning board allow his neighbors and#hose with an interest in Hobart Road the ability to have their voices heard concerning his subdivision request and proposed modifications via a public hearing. Thank you for taking the time to read my concerns. Any correspondence can be addressed to the below address. Sincerely, Diane Pietrodangelo / 158 Watson Ave West Orange, NJ 07052 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 MARTIN H.SIDOR ��`� y�lO Southold, NY 11971 Chair J�[ lxf OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JAMES H.RICH IIIA (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI yCOUNTI Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 1, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board reviewed the above referenced application at their January 31, 2011 Work Session. Specifically, the Southold Town Planning board reviewed the proposed re- vegetation plan within the 30' (foot) non-disturbance area submitted by the applicant for the south-eastern corner of proposed Lot 2. Based upon this review the Southold Town Planning Board is requesting that the applicant replace the proposed Beach Grass with Little Blue Stem and/or Big Bluestem. The Planning Board made this recommendation based upon the concern that Beach Grass would not survive in that particular area as it is more suited to coastal areas. Further Little and Big Bluestem are native species. The Southold Town Planning Board has also recommended that these plants be purchased at a minimum of 1 quart in size and planted 18" (inches) on center. Approximately 36 plants total would be sufficient to replace the proposed Beach Grass which is being replaced by the Bluestem. The Southold Town Planning Board will also send a memo making note of this change in the types of vegetation to be used as part of this approved re- vegetation plan to the Southold Town Board of Trustees and a copy of this memo will be placed in the file and sent to you as well. Please also note that as part of Final Approval for this application, the Southold Town Planning Board will require that the applicant provide a three-year guarantee of survivability for all of the plants which are part of the approved re- vegetation plan as well as some form of security interest to insure that the re- vegetation will occur. The Southold Town Planning Board also briefly reviewed the matter regarding a second dock for this proposed subdivision. This matter is still being reviewed and no decision has been made. Based upon the above, the Southold Town Planning Board will -issu Conditional Preliminary Approval at their February 14, 2011 Public meeting and will grant an extension extending Conditional Preliminary Approval through August 2011. Further, the drainage plan submitted by the applicant on January 7, 2011 is being reviewed by the Southold Town Engineering Inspector. Once the Southold Town Planning Board receives comments from the Southold Town Engineering Inspector, the application will be scheduled for another Southold Town Planning Board Work Session. Lastly, as per your request at the January 31, 2011 Work Session, a copy of the letter submitted by Twomey, Latham, Shea, Kelley, Dubin & Quartarro, LLP on behalf of an adjacent neighbor has been attached. If you have any questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner Southold Town P19ing Board Work Session — Page , - 1/31/11 Project name: Battaglia, Joseph and Heidi SCTM#: 1000-53-4-44.1 & 44.3 Location: West side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold Description: This is a standard subdivision to subdivide 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R740 Zoning District. Status: Conditional Preliminary Expired Action: Review re-vegetation plan. Attachments: Staff Report ✓ • �o��SUFfO(�-coG • �(j 1 � Jill M. Doheny,President y Town Hall,53095 Main Rd. Bob Ghosio Jr.,Vice-President P.O. Box 1179 James F. King G '�` Southold, NY 11971 Dave Bergen Telephone(631)765-1892 John Bredemeyer O! �a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 19, 2011 Mr. Joseph Battaglia 28 Wilton Rd. Cold Spring Harbor, NY 11724 RE: 2000 HOBART RD., SOUTHOLD SCTM#64-3-3 Dear Mr. Battaglia: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., January 19, 2011: WHEREAS, JOSEPH BATTAGLIA applied to the Southold Town Trustees for an Amendment to Wetland Permit #7028 under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated October 25, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, • 2 RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FURTHER RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Wetland Permit#7028 to place 70' of natural boulders along the southeast side of the wetland line; replace fill, soil and screening to restore property back to original condition; and replace native plants, and as depicted on the planting plan received on December 1, 2010 and stamped approved on January 19, 2011 and survey prepared by Nathan Taft Corwin III last revised December 16, 2010 and stamped approved on January 19, 2011. This is not a determination from any other agency. Sincerely, Jill Doherty, Preside t Boa d of Trustees JMD:lms \ \ C\ \ o o i `• J Y�- . / : �_ a a. a y. \ .- . . -12 t 1�� d .PROPOSEl i yY�o .l) . 3sem\ -- \ \ / - - - O L � \ jak \le9 \ \ 'S -zi llzr 6,' , 6� xBu _—x24 \\\` / / 'o xx ' S�ROPOSE� V£�iE,-i4-riouIAN — �' — -�,r.��o�o, "�" ° Z��' h0 , \ \ (� • 8919,\ 1i - -- t 2ti4EIF O�p� DAY �4.R{L • • 2010 Y DEC - 1 _ (f4 aJsJ � #'an ,0� 09; ��ti ErC!Com✓ ,�/ CAC&t QA aS O a C -_ __ _ 74°35'22 � ,� + ' A� 5�� �^°• R � 5 00 7382, W RosR RaaJ vs Pt WpQO� 1 o.a'w eaaeos v� � $0 4� (�Paox ; f a - a gel Po---s v .0 (� � Pao)( a541{ I a 541 po-rs OF ROSA IG.F1 vs 3 ' S etc,'05 I E1 f f}MF 2:c rt N e1 c-�-( g ERSS 511AG;J(i . . • �2vX . aN 5 Poi- 3 l_ J SUV LL L� MAILING ADDRESS: PLANNING BOARD MEMBERS �OF SD(/jP.O. Box 1179 MARTIN H.SIDOR �Q� Ql� Southold, NY 11971 Chair y OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS �@ 54375 State Route 25 JOSEPH L.TOWNSEND Q (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI IyCOUNVSouthold, NY Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: January 19,2011 Re: Joseph and Heidi Battaglia Standard Subdivision Application Name: Joseph and Heidi Battaglia Standard Subdivision Tax Map Number: 1000- 64-3-3 Location: Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) _X Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R40 Zoning District. Additional Comments: Thank you for your cooperation. Twomey, Latol n, Shea, Kelley, Dubin & Quartararo LLP st`Off,e°Box9398 4 A T T O R N E Y S A T L A W Riverhead,New York 11901-9398 x MAIN OFFICE: THOMAS A_TWOMEY,JR. 33 West Second Street � 7V� STEPHEN B.LATHAM Riverhead,New York 11901-93 B 10HN F.SHFA,III CHRISTOPHER D.KELLEY Telephone:631.727.2180 DAVID M.OUBINO JAY P.QUARTARAROT Facsimile: 631.727.1767 PETER M.MOTT www.suffolklaw.com JANICEI SNEAD ANNE MARIE GOODALE BRYAN C.VAN COTT• ekelley(cIsurrolklaw.com KATIiRYN DALLI Extension 223 LAURA I.DUNATHAN A LISA CLARE KOMBRINK DANIEL G.WANI t KELLY E.KINIRONS PATRICK B.FIFE I_At BEN I. STILES January 6, 2011 PATRICIAJ.RUSSELL �J BARBARA L. HALL REZA EBRAIIIMI oPcoull" KENNETH 11.LAVALLE KEVIN M-FOX Martin H. Sider JOHN IAUDEGEBAHRENBI;RG KARENHOES Southold Town Planning Board KAREN . ° °'1 ^^ 53095 Route 25 " '°AAI P.O. Box 1179 VVal ll Southold, New York 11971 Re: Battaglia Subdivision/West Side of Hobart Road SCTM#: 1000-64-3-3 Dear Chairman Sidor and Members of the Board: This office represents Andrew Semons, owner of a house immediately to the north of the above referenced property on Hobart Road. It has come to our attention that Mr. Battaglia is seeking an extension of the preliminary plat approval for the property that expired on August 8, 2010. We hereby oppose any such extension without significant modifications to the plan that mitigate the impacts of the proposal on our client's property. We note here that the applicant has now demonstrated a propensity to build structures out of character with the neighborhood consuming large areas of the lot in question and of the maximum, if not exceeding the maximum, height permitted by the zoning code. We enclose photographs of the house under construction both from the road and waterside of the property. If a similar sized structure is located on the vacant lot created by the subdivision between my client's property and the house in the photos, it would negatively impact my client's use and enjoyment of his property as well as his property value, and be totally out of character with the surrounding neighborhood. To mitigate this we propose the following. OnIER OlTI(,F Lo(nrloNs: First, to mitigate the impact of any construction on the vacant lot we would 20 Main SCo,t an increased setback and buffer area between our client's property and an Ea,t Hampton,NY 11937 propose P P Y Y 631.124.120) new construction. Under the R-40 zoning the side-yard setback is 20 feet, and we 51 H,11S...,, would ask that that be increased as a condition of the subdivision extension to 40 feet 6s70'NY 119683L2 .009 (by imposition of a construction envelope on the map) and that a planted evergreen 490 WoMl,,Road buffer be required to be installed by the applicant consisting of substantial vegetation S...te 165G Hauppauge,NY 11788 sufficient to provide adequate screening and a transitional yard. 631.265.1414 56340 Main Road 110,Ill.325 Southold,NY 11971 631.765.23)0 0 0 Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP Attorneys at Law Martin H. Sidor, Southold Town Planning Board January 6, 2011 Page 2 of 2 We further request that the height of any house to be constructed on the vacant lot be limited to 25 feet by covenant. Second, as the Board has recognized in their November 1, 2010 letter to the applicant, the applicant has overcleared the property and cleared in the non- disturbance buffer. The Planning Board and Trustees have also recognized that a dock has been reconstructed without required permits. The illegally reconstructed dock is in close proximity to the existing dock of my client. Further, it purports to benefit both of the lots in the subdivision. However, a dock that would benefit both lots in the subdivision would be more suitably located on or near the common boundary line between the two lots. We therefore ask that as a condition of approval the dock be relocated to the common boundary line between the two proposed lots rather than have the two lots utilize a dock with is in close proximity to our client's dock (which is immediately across the common boundary line with my client's property). If the dock is relocated there would then be no need for an extensive easement from the lot which has the current under-construction house on it to the north end of the vacant lot to allow joint use of the dock. Furthermore, we note that the dock appears to be constructed on a vacant lot in the subdivision. As an accessory structure, it should not be permitted without a primary structure on the property and would be made illegal by the reinstatement of the subdivision. See Town Code §§280-13 C (3) and 280-17 (C) and the definition of "Accessory Building or Structure" at §280-4. A variance should be sought if it is the applicant's intention to leave that lot vacant (without a primary structure) with a dock on it. Unless these changes are incorporated into the plan, we oppose any extension of the subdivision approval and ask that it be denied. Please advise if and when a hearing will be held on the proposed extension. Sincerely, Christopher Kelley CK:gg encls. cc: Andrew Semons (without attachments) ` • _ 713 �{ 4 L ru r • fes, -%' 3. Will - _I• 1, A 4 4� -T �` '� _ �. gam. �'*;"�`"_ .. f -�^~ •sem •. •-; : � •�T3� �/" ".''��Atr �r��T,�"f. "�. .��.��� ., � .._.. �'+4'� �` yr y ._�,',yy 4 .I` - •�iJf Y`.'-" . lei s +� .l°P 1s ' r^ri�'+Y."iL �F. ,✓��e���� -��`T4'-s+�a=•„•'� Joseph Battaglia 28 Wilton Road Cold Spring Harbor, N.Y. January 6, 2011 Dear Southold Planning Board, Please review the two surveys for the proposed impervious driveway and drainage plans for lot #2 at 2000 Hobart Road, Southold. The plans meet all of the town's drainage and driveway requirements. Please contact me for any questions or comments at 631-678-6546. Thank you for your prompt attention to this matter. Sincerely, 4 64 Joseph Battaglia 7 2011 • • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF S0(/jP.O. Box 1179 MARTIN H.SIDOR h�� Old Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS @ 54375 State Route 25 JOSEPH L.TOWNSENDQ 'M (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI IyC�Ury l, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 4, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: This letter serves as a follow-up to the Southold Town Planning Board's January 3, 2011 Work Session where the above referenced application was reviewed and discussed. Based upon the January 3, 2011 Work Session the Southold Planning Board has agreed to do the following: 1) Accept the re-vegetation plan submitted by the applicant on December 1, 2010. 2) Refer the re-vegetation plan to the Southold Town Board of Trustees for review and comment 3) Refer the re-vegetation plan to the Southold Town LWRP Coordinator for review and comment As you know, the applicant has a hearing scheduled with the Southold Town Board of Trustees on January 19, 2011 regarding a permit for a rock revetment on the southeast comer of proposed Lot 2. Once this hearing has been held and the Trustees have made a decision regarding the above referenced permit, the Southold Town Planning Board will consider next steps for this application regarding re-issuing and extending Conditional preliminary approval. Please also note that once a decision has been made regarding the re- vegetation plan the Southold Town Planning Board will require the applicant submit a security interest to ensure that the planting will be done. The Planning Board will also request the applicant provide a three-year guarantee of survival of the plants. Lastly, the Southold Town Planning Board would also like to advise the applicant that a permit from the Southold Town Trustees may be required for the re- vegetation activity proposed as the area in question is within the Trustees jurisdiction and that a New York State Department of Environmental Conservation (NYSDEC) permit may be required as well. The Southold Town Planning Board will contact you once the application is scheduled for another Work Session after the Southold Town Trustees hearing on January 19, 2011. If you have any further questions, please do not hesitate to contct this office. Thank you. Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, January 3, 2011 4:00 a.m. 4:00 p.m. Applications: Project name: Cutchogue/New Suffolk SCTM#: 1000-109-5-6.1 Historical Council Location: 27320 Main Road, on the s/w/c/o Main Road and Case's Lane, Cutchogue Description: This site plan is for the construction of a 660 sq. ft. storage building on a 1.38 acre parcel owned and operated by the Cutchogue/New Suffolk Historical Council. Status: New Site Plan Action: Review Staff Report. Attachments: Staff Report Project name: Battaglia, Joseph & Heidi SCTM#: 1000-64-3-3 Location: on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold Description: This is a standard subdivision to subdivide 101,002 sq. ft. into two lots where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 Zoning District. Status: Conditional Preliminary Approval — EXPIRED Action: Review applicant's submission of re-vegetation plan. Attachments: Re-vegetation Plan, Staff Report For Discussion: ❖ Official Reports for Town Board - Local Laws re: Amendments to Chapter 280, ZBA Application Fees and Chapter 144, Deer Exclusion Fence Permit Fees e� Submission Without a Cover Letter Y �L Sender: Subject: SCTM#: 1000 - Date: (Z I l Conunents: ,I; ag, — J� • PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 December 1, 2010 Martin Sidor, Chairman Southold Town Planning Board Main Road PO Box 1179 Southold NY 11971 By Hand w/ Planting Plan RE: BATTAGLIA SUBDIVISION SFO - 1 2010 SCTM: 1000-64-3-3 Dear Mr. Sidor: In response to your November 1, 2010 letter to Mr. Battaglia. With regard to the alleged clearing of a non-disturbance area. As you know Mr. Battaglia had a wetland permit (Permit #7028) with the Trustees to "cut and remove the trees and branches that have fallen onto beach front; remove debris, dead branches, and driftwood, remove trees on the southeast side of the property, which all roots have been exposed". This work necessitated the area to be "disturbed". The permit stated that once all the work was completed i.e. "Debris and dead trees/branches have been removed and abandoned floating docks removed" then a 30' non-disturbance area would be established. The area the Planning Board claims was disturbed was pursuant to a Trustees permit. The Trustees permit is open and the work is in progress. The 30' non-disturbance area will be established with the Planning Board when the subdivision map is filed. The area within 100 feet from the edge of wetlands is within the jurisdiction of the Trustees, any activity within the 30' non-disturbance area is done in accordance with a wetland permit, and all activity is being monitored by the Trustees. In addition, we have an application with the Southold Town Trustees to install rock protection on the edge of the water where storm activity is eroding the soil. The storm erosion is threatening trees which my client wishes to preserve. This work will entail activity within the 30' non-disturbance area, and all the work will be undertaken in accordance with the required regulatory permits. We object to the Board refusing to review the application and grant extensions for activity which is regulated by the Town Trustees and is work being done under a valid permit. While all the activity within the proposed non-disturbance area is pursuant to a Trustees permit, my client is willing to address the Board's concerns and herein has provided a planting plan. My client intends to start the planting now, if weather permits, and intends to complete it by April 30, 2011. However, please note that it may not be completed if the waterfront is not protected from further erosion. Once the Trustees approve the shoreline protection the DEC will also need to review the plan. 1 Mr. Battaglia will provide a three year guarantee of survival of the plants. The house which is under construction is his home and he will replace any plants which do not survive. The planting plan will be started but will not be completed until Spring, the Board should not refuse to extend our preliminary plat approval or continue to review our subdivision application based on completion of the planting plan. The second issue raised in your letter is the existence of a "permitted dock" located on proposed Lot 1. This dock was constructed by prior owners with permits, and the permit was transferred to my client. The Board's "practice" to limit the number of docks in a subdivision is misplaced in this case. The Battaglia property is an oversized parcel with approximately 525 linear feet of waterfront, the existing dock is on the far northerly side of proposed Lot 1. Upon completion of the proposed subdivision, my client will have two legal conforming lots which exceed 40,000 square feet in size. My client's house has approximately 300 linear feet of waterfront. Each lot is twice the size of the neighboring waterfront parcels along Hobart Road containing private docks, and each proposed lot has double the linear feet along Town Creek than his neighbors. Town Creek contains many docks. A majority of the waterfront parcels along Hobart Road and some landward parcels, as well as Goldsmith Marina, have docks on Town Creek. The New York Department of Environmental Conservation which has jurisdiction to issue tidal wetland permits for docks, after approving the subdivision, reviewed the environmental conditions of the property and found that the proposed dock does not cause environmental damage to the creek. The NYSDEC issued their permit for a new dock on proposed lot 2. A copy of the DEC permit is enclosed for your file. After the lots are subdivided my client has a right to apply for a dock from the Southold Town Trustees. The right to a dock is regulated under Town Code 275. We intend to preserve our rights to apply for a dock. The subdivision conforms to the subdivision regulations and may not be denied because my client wishes to preserve his rights to build a legally conforming dock on a separate parcel. Moreover, my client will not accept an unreasonable condition to prohibit his application for a dock on Lot 2. Contrary to the Board's "practice", the Planning Board does not have regulatory review of private residential docks. A dock on Lot 2 does not result in environmental damage to either the upland or Town Creek as is evidenced by the Tidal Wetland permit from the New York Department of Environmental Conservation. Upon completion of the subdivision, if Mr. Battaglia wishes to construct a dock, he has a legal right to seek a wetland permit from the Southold Town Trustees. We respectfully request that the subdivision review proceed without further delay. Ye ours, ncia C. Moore c: Mr. And Mrs. Battaglia New York State Departme of Environmental Conservton Division of Environmental Permits, Region One AM SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631)444-0365 • FAX: (631) 444-0360 Iowa Website: www.dec.state.ny.us - Alexander B.Grannis Commissioner Joseph and Heidi Battaglia March 23, 2010 28 Wilton Rd Cold Spring Harbor, NY 11724 Re: Permit#1-4738-03884/00002 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR,Part 62 1)we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions,please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, , Euge�cm Environmental Analyst I GRZ Enclosure NEWYORK TATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER FECTIVE DATE 1-4738-03884/00002 s 3/23/2010 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) 3/22/2015 Under the Environmental Conservation Law - TYPE OF PERMIT■ New ❑ Renewal ❑Modification❑ Permit to Construct ❑Permit to Operate ❑Article 15,Title 5: Protection of Waters ❑ Article 17, Titles 7, 8: SPDES ❑ Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 15,TitIG 15:Water Supply ❑ Article 19:Air Pollution Control ❑ Article 34:Coastal Erosion ❑ Article 15,Title 15:Water Transport ❑ Article 23,Title 27:Mined Land Management Reclamation ❑ Article 15,Title 15: Long Island Wells ❑ Article 36:Floodplain Management ❑ Article 24: Freshwater Wetlands ❑ Article 15,Title 27: Wild, Scenic and ❑ Articles 1, 3, 17, 19, 27,37;6NYCRR Recreational Rivers ■Article 25:Tidal Wetlands 380: Radiation Control ❑ 6NYCRR 608:Water Quality Certifica- ❑ Article 27,Title 7; 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Joseph and Heidi Battaglia 516-875-8974 ADDRESS OF PERMITTEE - 28 Wilton Rd, Cold Spring Harbor, NY 11724 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Patricia C. Moore, 51020 Main Rd, Southold, NY 11971 631-765-4330 NAME AND ADDRESS OF PROJECT/FACILITY Battaglia Property, 2100 Hobart Rd, Southold, NY 11971 SCTM# 1000-64-3-3 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk I Southold Town Creek E:716.9 N:4548.9 DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a fixed dock structure and a seasonal ramp and float dock. All work shall be done in accordance with the attached plans prepared by Robert H. Fox, prepared on December 29, 2009 and stamped NYSDEC approved on March 23, 2010. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this ermit. DEPUTY PERMIT ADMINISTRATOR: Region DDRESS 1 Headquarters Susan V Ackerman GRZ UNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 AUTHO IZED SIGN T RE DATE Page 1 of 5 3/23/2010 0 SPECIAL CONDITIONS • 1. Notice of Commencement At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of, and understand all terms and conditions of, this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 2. No Construction Debris in Wetland or adjacent Area. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 3. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 4. Storage of Equipment, Materials The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 100 linear feet from the tidal wetland boundary. 5. Dock,Catwalk Size Dock or catwalk shall not exceed 4 feet in width and shall be a minimum of 4 feet above grade (as measured from ground to the bottom of the dock/catwalk decking)over tidal wetland areas. 6. Use of Treated Wood The use of wood treated with pentachlorophenol or other wood treatment not specifically approved by the Department for use in wetlands and/or marine waters, is strictly prohibited in the construction of structures that will be in contact with tidal waters. 7. No Floats, Ramps in Vegetated Tidal wetlands Floats and ramps may not rest on or be stored in any vegetated tidal wetland. 8. Float Installation The float shall be installed only at the approved location with a minimum water depth of 2%feet water measured at apparent low tide. 9. Use of Seasonal Ramp, Float The authorized ramp and float must be installed and removed seasonally. These seasonal structures may not be installed prior to April 1 of each calendar year and must be removed by December 1 of each calendar year. 10. No Prop Dredging Prop dredging, or the act of utilizing and/or directing the propeller or propulsion system of a motorized vessel and/or the water-borne forces created by said propeller or propulsion system,to excavate or displace existing bottom sediment and benthic habitatfor the direct or indirect purpose of establishing or increasing water depth, is a regulated activity and is not authorized by this permit. Prop dredging is strictly prohibited without further written authorization (permit, modification or amendment)from the Department. DEC PERMIT NUMBER Page 2 of 5 1-4738-03884/00002 SPECIAL CONDITIONS . 11. No Permanent Structures on Dock No permanent structures shall be installed on dock/catwalk/float without first obtaining written Department approval (permit, modification or amendment). 12. Docks at Property Lines Docks/catwalks/floats must not: A) Extend laterally beyond property lines, B) Be placed so that docked vessels extend laterally over property lines, C) Interfere with navigation, D) Interfere with other landowner's riparian rights. DEC PERMIT NUMBER Page 3 of 5 1-4738-03884/00002 N�CATION OF OTHER PERMITTEE OBLIGATMS Item A: Permittee Accepts Legal onsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York,its representatives,employees,and agents("DEC")forall claims,suits,actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with, or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions forviolations of the Environmental Conservation Lawas those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals,lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility,including relevant records,is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification ortransfer of this permit.Such application must include any forms or supplemental information the Department requires.Any renewal,modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities(HWMF), major Air Pollution Control(APC)and Solid Waste Management Facilities(SWMF); b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: Regional Permit Administrator,SUNY @Stony Brook,50 Circle Road,Stony Brook, NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification,suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology orapplicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER Page 4 of 5 1-4738-03884/00002 ADDITIONAL GENERAL COb9IONS FOR ARTICLES 15(TITLE 5), 24,0 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to thefree navigation of said waters orflood flows or endanger the health,safety orwelfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure,fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from anysuch damage. 3. All necessary precautions shall betaken to preclude contamination of anywetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject projectwill not contravene effluent limitations orother limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and Conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Robert H. Fox, prepared on December 29, 2009 and stamped NYSDEC approved on March 23, 2010. DEC PERMIT NUMBER Page 5 of 5 1-4738-03884/00002 NOTICE OF COMME ICEMENT OF CONSTRtICTION RETURN THIS FORM TO: COSANCE OR FAX TO: 63 -444-0207 Marine Habitat Protection NYSDEC 9b_ 50 Circle Road-SUNY Stony Brook,NY 11790-3409 PERMIT NUMBER: ISSUED TO: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition of the referenced permit,you are hereby notified that the authorized activity shall commence on We certipermit conditio a We havehat l spelled the project site and can completetthwe have read the referenced andp the as described�in the penrmit and astheorized dep c pro all approved plans. We can do so In full compliance with all plan notes and permit conditions.The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANYASSOC/ATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line xx x }`................................. . . . x x x NOTICE OF COMPLETION.. CON�TRU .Yii NW....................................""""." RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-4440297 Marine Habitat Protection NYSDEC 50 Circle Road-SUNY Stony Brook, NY 11790-3409 PERMIT NUMBER: ISSUED TO: PROJECT LOCATION'/ADDRESS,- CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE V THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95-20-1(11/03)-9d New York State Department of Environmental Conservation NOTICE • The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. fjegional Permit Administrator Permit Number H139"OOVgq". , a� Expiration Date ROGER EVANS NOTE: This notice is NOT a permit Plan View Prepared for: Joe Battaglia Oona Proposed: Dock, Ramp & Float Purpose: Private Mooring �\ o o� Surveyed: 12-29-09 � a ��oc� SCT# 1000-64-3-3 Situate: Southold Town: Southold Suffolk County, NY Datum: Low Water �T /per 1 � l of 0 F` soa V \ 1 \ y A rt�`o 29 `P64 TQ 3� x 6 M Q 3 <� tip 9 Z? y ?-RX S H, � �ppp�y��N�YpSpD��EC , APPPANM AS PER TERM 3 J0 Q l�6 .3 '9 uo. D788Y��c�z J 09 TE " Zo .moo •uA V/ Section 3 C 9 Proposed Dock 4'x 68' Seasonal (min. 4' abv, grd.) Ramp 3' x 15' - & Float 6' x 20' Wetland exl5t. - i ROBERTH.FOX Boundary 6" dla bttm. (2) 8" dl A / NYS PLS#50197 R. Fox piles anchor 6 ff�� �',� Box#366 12/OG 8' O. C. piles �;` I` �y ii Aquebogue NY 11931 MAILING ADDRESS: PLANNING BOARD MEMBERS pF&7pjP.O. Box 1179 MARTIN H.SIDOR ��`�` O!O Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS co Town Hall Annex KENNETH L.EDWARDS 0 54375 State Route 25 JOSEPH L.TOWNSENDDONALD J.WILCENSKI �lij'COU,M'� � (cor. Main ldYlo�Y Ave.) 1111 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 2010 Mr. Joseph Battaglia 28 Wilton Road Cold Spring Harbor, NY 11724-2423 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Mr. Battaglia: We are in receipt of your letter requesting that the Preliminary Plat approval, expired as of August 8, 2010, be extended for the property referenced above. Unfortunately, the Planning Board cannot issue an extension, or continue to review the application, until after two issues of concern are addressed to our satisfaction. The first issue is that of clearing in a non-disturbance buffer. As you know, the Planning Board conducted a site inspection of the property on Monday October 18, 2010. Based upon this site inspection, the Planning Board has determined that there was clearing in the 30' (foot) Non-disturbance buffer in violation of the Preliminary Plat approval granted in February, 2010. The cleared area was observed on the southeast side of proposed Lot 2. The Board is requiring the following be completed: 1) Submit a re-vegetation plan to the Planning Board for review and approval. a. Use native vegetation from the list included with this letter 2) Re-vegetate according to the approved plan'. 3) Provide a three-year guarantee of survival of the plants. Please note, a permit from the Southold Board of Trustees to re-vegetate within the 30' buffer area is also required. The second issue is that of the existing dock. It is the Planning Board's practice to limit the number of docks in a subdivision to reduce the amount of environmental damage to the creeks that these structures cause. In addition, the Southold Board of Trustees have brought to our attention that the existing dock has been re-constructed recently and is large enough to accommodate use by two lots. The Planning Board is requiring the following: 1. The existing dock will serve both lots. a. Provide an access easement and maintenance agreement allowing proposed Lot 2 access over proposed Lot 1 to use the existing dock, as well as sharing in the maintenance costs. If you have any questions, please do not hesitate to contact this office. Thank you. Southold Planning Department Cc. Patricia Moore 2 • • MAEUNG ADDRESS: PLANNING BOARD MEMBERS �OF so�Tti P.O. Box 1179 MARTIN H.SIDOR h�`� �/_ Southold,NY 11971 Chair y � OFFICE LOCATION: WILLIAM J.CREMERS y �bc Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JOSEPH L.DONALD J.WILCENSKI '�Coarm mSEND � (cor. Main Souh&Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 20, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: This letter serves as a follow-up to the Southold Town Planning Board's October 18, 2010 Work Session where the above referenced application was reviewed and discussed. The following items were reviewed and discussed by the Southold Town Planning Board: 1) Potential Southold Town Planning Board violations and potential Southold Town Board of Trustee violations. 2) Extending the now expired Conditional Preliminary approval. Two members of the Southold Town Planning Board accompanied by two members of the Southold Town Planning Department conducted a site inspection of the above referenced property on Monday October 18, 2010 just prior to the scheduled Work Session. Based upon this site inspection, Southold Town Planning Board members and Planning staff are concerned that there has been disturbance on the southeast side of Lot 2 within the 30'-(foot) Non-disturbance buffer. The Southold Town Planning Board is working with the Southold Town Board of Trustees to resolve this matter. It has also come to the attention of the Southold Town Planning Board that the Southold Town Board of Trustees have issued a violation dated October 19, 2010 on another matter. As previously stated, the Southold Town Planning Board is coordinating with the Southold Town Board of Trustees on these matters. Therefore, the Southold Town Planning Board will continue to review these matters in order to make a determination as to the applicant's request to the Southold Town Planning Board dated September 7, 2010 to extend Conditional Preliminary Approval. If you have any further questions, please do not hesitate to contact this office. Tek you. /Cfii�7CtvGL-�� Tamara Sadoo Planner �r( e PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 October 19, 2010 HAND DELIVERED Planning Board Town of Southold PO Box 1179 South old NY 11971 OCT 2 0 2010 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Tamara: In accordance with our discussions at the Planning Board work session, the existing conditions of the property conform to the Preliminary Map. Contrary to the allegations made by Mr. Semon's attorney, our surveyor has inspected the property and confirmed that Mr. Battaglia has cleared less than 50% of the property and that all the trees shown on the Preliminary map remain. Enclosed is a letter dated October 18, 2010 from Nathan T. Corwin III, Land Surveyor, confirming his inspection and he has provided notations with respect to the clearing limits (note 5) on the Final map and that the trees shown on the map will remain (note 7) . Also in response to your email request of October 14, 2010, the surveyor has revised his Final map to include the house and garage which is under construction. As was previously provided to the Board, the house and garage comply with zoning setbacks. In accordance with the resolution dated On February 9, 2010, Planning Board issued Conditional Preliminary Approvals subject to the following conditions: a) Submission of Final Plat Application; see attached with $500 filing fee b) Submission of Final Plat with request amendments as more fully outlined in February 9, 2010 resolution; see attached c) Submission of Draft Covenants and Restrictions. See attached d) Submission of Letter of Water Availability from SCWA. Submitted to your office previously, duplicate attached. e) Submission of Final Plat with Suffolk County Department of Health Services Approval submitted to your office September 16, 2010, see duplicate attached. f) Submission of $7,000.00 park & playground fee. See attached Planning Board Town of Southold October 19, 2010 Page 2 We have been repeatedly requesting an extension of the Preliminary Map. The extension was required for the Health Department approval. The Health Department approval was received and submitted to the Board on September 16, 2010, within a little over one month past the expiration. There has been no change to the preliminary map and our final map is in substantially the same form as the preliminary map. Our request in September to extend the approval was delayed because the haybales and silt fence, required by the Trustees permit, had deteriorated during construction. As soon as the Trustees and your staff asked we refreshed all the haybales and silt fence. Mr. Battaglia requested an impervious driveway, which is allowed in the Town Code. He understands that if the driveway is impervious that the Town Code requires that the driveway comply with the Town Drainage Code. At the Board's request, the surveyor is providing a drainage plan for an impervious driveway. However, details of the drainage of the driveway is reviewed by the Southold Town Building Department prior to issuance of a certificate of occupancy. Nevertheless, the Board has stated that they will not consider the extension of the Preliminary Map until a drainage plan for the driveway is reviewed. This is an unnecessary delay. The Battaglia property was previously developed with a two story house located closer to the wetlands, a garage and barn. Mr. Battaglia is building his own house and he has greater interest than the Board to protect and preserve his property. Please proceed with the subdivision review without further delay. Vey truly yours, --- PAtncia C. Moore PC /b cc: d Mrs. Battaglia encls. Nathan aft Corwin t`II Laind Survey* P.C. Successor to Stanley J. Isaksen, Jr. PLS & Joseph A. Ingegno, PLS E-Mail: nconain3@aol.com Tel: (631)727-2090 Offices located at Fax: (631) 727-1727 1586 Main Road Mail: P.O. Box 16 Jamesport, NY 11947 Jamesport, NY 11947 October 18, 2010 Patricia Moore Arty 52010 Main Street Southold,New York 11971 Re: Verification of existing clearing and tree locations for the final plat of Joseph and Heidi Battaglia Suffolk County Tax Map No. 1000-64-03-03 Dear Ms Moore: This letter is to confirm existing clearing and tree locations for above said premises. Upon field inspection, by myself on October 17, 2010, I have located and verified the existing limit of clearing and have shown it on the attached map (see note 5). Also I have verified the location of significant trees that are also shown on the attached map, which are to remain (see note 7). All trees that are shown on map are still intact. 'yefy truly ours, an T. Corwin ill Land Surveyor djc DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the _day of 2010 by Joseph Battaglia and Heidi Battaglia, residing at 28 Wilton Road, Cold Spring Harbor NY 11724, hereinafter collectively referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Southold„ in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule A annexed hereto; and WHEREAS, for and in consideration of the granting of subdivision application entitled, "Standard Subdivision of Joseph and Heidi Battaglia" prepared by Nathan Taft Corin, III, Land Surveyors, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: 1. That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: (a) Thirty (30) foot non-disturbance, non-fertilization buffer landward of the edge of the wetlands as shown on the filed map. The 30 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffers are limited to the removal of weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property and the buffer may be supplemented with plantings of native and drought tolerant species (b) Trees that are greater than 18 inches in diameter at breast height as shown on the map and which are located on the lots and shade trees shall be preserved in perpetuity. Maintenance of said trees shall include pruning and removal of dead and/or diseased trees that are hazardous to life or property and may be replaced. ( c ) Pursuant to chapter 240-49 Clearing of the Southold Town Code, clearing limits on lot 1 and lot 2 are restricted to 50% of the total lot area. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any new clearing or grading of the lots. (d) All driveways shall be constructed of pervious material or if non-pervious material is used, drainage shall be provided which complies with the Southold Town Drainage Code. (e) There shall be no further subdivision of Lot 1 and Lot 2 in perpetuity. 2. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. 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. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. i • 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. Joseph Battaglia Heidi Battaglia STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) On the _day of , before me, the undersigned, a notary public in and for said State, personally appeared Joseph Battaglia and Heidi Battaglia personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individual acted, executed the instrument. Notary Public J'"•. ����t�+r��.l0�b�rXF '. a SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway,Oakdale, New York 11769.0901 January 14, 2010 Patricia C Moore Attorney At Law 51020 Main Rd Southold NY 11971 Re: Water Availability—Joseph & Heidi Battaglia 1720 Hobart Road, Southold — Lots I & 2 K7M# 1000-64-3-3 File# 5131241 i Dear Ms. Moore, We have received your request for information regarding availability of public water service to the above referenced property. i A review of our records indicates that there is an existing water main and service available to one of the lots from Hobart Road. If the existing service will no be reused the service line will need to be retired at your clients expense ($1,000.00). Tap fees of$1,500.00 along with additional key money fee of$3,000.00 will be required for any new house service laterals you install, as well as service line inspections. If you have any further questions, please feel free to contact me at(631) 563-5610 or our New Service Department at (631) 218-1148. i Since ply, �J Steven Romano Manager New Service i i SR;lap � i I PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 September 16, 2010 Attn: Tamara Planning Board Town of Southold PO Box 1179 Southold NY 11971 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Tamara: With reference to the above Standard Subdivision application, please be advised that we have received our subdivision approval from the Health Department as evidenced by enclosed of a portion of the stamped map. Please place this matter on your next available calendar for final approval. Thank you for your continued courtesies in this matter. Very truly yours, Patricia C. Moore PCM/bp encls. 0 0 STANDARD SUBDIVISION OF JOSEPH & HEIDI BATTAGLIA SI T UATE SOUTHOLD & COVER (FIOCKHART #63818 TYPE 6840) TOWNED CONC. COVER OF SOUTHOLD SUFFOLK COUNTY, NEW YORK E S.C. TAX No. 1000-64-03-03 SCALE I "=30' MAY 28, 2008 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS FEBRUARY 12, 2009 REVISED WETLAND LINE APRIL 18. 2009 REVISE MAP JANUARY 10, 2010 REVISED PER S.C.D.H.S. NOTICE No. 1 FEBRUARY 12, 2010 LOCATE 2 PINE TREES TO REMAIN JUNE 10, 2010 REVISED PER S.C.D.H.S. NOTICE No. 2 CRUSHED 3/4• - 1-1/2' STONE TOTAL AREA = 101,022 sq. ff. ALL AROUND (TO TIE LINE) 2.319 cc. UPLAND AREA = 94,481 sq. ft. WETLAND AREA = 6,541 sq. ff. t I' NC'TES: UNIT ELEVATIONSEXISTING ARE ELEVATIONSNARE SHOWN THUS:S DATUM Cf EXISTING CONTOUR LINES ARE SHOWN THUS: ------1D----- FF1 - FlRsT ILWR C.FL.- GARAGE FI R TW. - TOP OF WI B.W. - 7OF WNL 2. THIS PROPERTY IS WOODED TO THE EDGE OF THE WETLANDS WITH OVERGROWN LAWN AREA AROUND HOUSE. 3. ZONING USE DISTRICT: R-40. 4. DRYWELLS WITH GUTTER LEADERS TO CONTAIN RAINWATER RUN-OFF SHALL BE INSTALLED FOR ANY FUTURE DEVELOPEMENT OF THIS SUBDIVISION. 5, PROPOSED CLEARING LIMITS SHOWN AS AS OUTLINED IN SECTION 240-46(C) OF THE SOUTHOLD TOWN TOWN CODE. 6. ALL EXISTING STRUCTURES HAVE BEEN REMOVED FROM THIS PROPERTY. At 12'-0" TEXTURED BROOM FINISH PERPENDICULAR TO SLOPE LJUL O 6 2010 SUFF.CO.HEALTH SE OFFICE OF WASTEWATI B = B 20-0 `EXPAN510N JJINT IYPil1 PLAN_ LOW LINE EXP. JT. _ lkc 9,FP SECTION B-B 2" 3' RAMP —1/4-/Fr. tf' REVFAL 1 4 fi" B' REINFORCED CONCRETE SLAB 2 3500 P51 AT 26 DAYS MIN. 4EEL REINI.ICE.D�WlllED WIRE MC5H, fi.5 -#6.#6 COMPACTED 6UBGRADE SECTION A-A nnNnRFTF nRIVFWAY APRnN z TANK • < IT1 e 10' LEACRINC MIN. POOL ROAD SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N.Y. SSP 0 3 2010 Date This-i.�o certify that the propo ed ReBlt�y 5ubbdivi5ign or Development for O$ h Ne'o�, F7N.i1� t in the $O�' j' with a total of -Z lot was approved on the above date. Water Supplies and Sewage Disposal Facillities must conform to construction standards in effect at the time of construction and are subject to separate permits pursuant to those standards. This approval shall be valid only if the realty subdivision/ development map is duly filed with the County Clerk within one year of this date. Consent is hereby given for the filing of this map on hereby Certify that the Wate which this endorsement appears in the Office of the County Clerk in accordance with the provisions of the Public Health Low and the were designed by me or undE Suffolk County Sanitary Code. the soil, site and groundwater Department of Health Service=. WALTERIPMRM,010 Director, Division of Environmental Quality N A I TEST HOLE DATA TF (TEST HOLE DUG BY McDONALD GEOSCIENCE ON JULY 3, 2008) ELEV. 12.2• o' MIXED SAND h GRAVEL 0.5' BROWN SILT ML HOUSE 3' F.R. LE PRECAST REINFORCED CONCRETE C- BURIED 1' DEEP min. 2' DEEP MIN. 4' dic. PALE BROWN FINE SP APPROVED PIPE TO MEDIUM SAND PITCHED 1/4'/1' TOP ELEV. 13A NUIET INV. EI- 13.0' INVERT ELEV.12,0: ELEV, 0.6' 11.6' GROIND WATER WATER IMPALE BROWN FINE SP TO MEDIUM SAND SEPTIC TAI 1. MINIMUM SEPTIC TANK CAPACITIES FOR A 6 BED 1 TANK; 6' DIA. 5' LIQUID DEPTH 17 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE 3. WALL THICKNESS SHALL BE A MINIMUM OF 3', ALL WALLS, BOTTOM AND TOP SHALL CONTAIN R 4. ALL JOINTS SHALL BE SEALED SO THAT THE TAI 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEI ON A MINIMUM 3' THICK BED OF COMPACTED S 6. A 10' mm. DISTANCE BETWEEN SEPTIC TANK AN A 5061 TO Southold usr SW,County, NY IIE The People of the State of New York vs. G. 14 Cl nRST NAME MIDDLE IMP L ST�IEEf ADOgE39 ` / l TY SRL k6N�� DP ' UCENSEO9NEGLWRATp NOMBER STA TYPE OP LICENSE DATE D,,,flE3 IX DATE OF BIgiN OPERATOR THE OPERATOR OR REGISTERED OAKS VEHICLE RATE NO OWNER OP VEMCIE DESCRIBED BELOW ❑YES ❑NO STgIE DATE EmRES ❑N.Y. ❑N.J. ❑N.Y. ❑N.J. ❑ PLATE TYPE VEHICLE MAKE El PASS ❑COMM ❑ . ❑ FaRD ❑ CHEV ❑ DODGE ❑ El IAC CAD ❑ PONT NC O OTA ❑ YM VOL KS ❑ BODY ❑ 2 DR TYPE ❑ AOR ❑ BUS ❑ TRAILER ❑ MCV ❑ S.W. ❑ vAN ❑ VIN NUMBER PLACE OFCUgRTHE PERSON DESCRIBED ABOVE IS CHARGED Ag FOLLOWS OCEI CE d �.a f- PCT �QT /J' )E IIME ���� PM CTY'.iDIYN.NUAaE OR ' IN NOLATIOII CF SECiIgN S S���YNY $URD, ❑DTI!EA LSPECIFV) n ME❑VEIryCLI:AND C LAW OPINE STATE OFNEW YpgK ❑O.S. ❑COM ❑BUS 0H52 ❑ SPEEDING DEF yEH MPHINA MPH ZONE OTHER OFFENSE MAT 1A/ MrsDEMEAWM ❑ FACTUAL PART INOT FOR NB) TVEABOVENgMEDDEFENDANTDIDONT}fE3iATEp _ d� X S.we§bn41 a PAPKINGSCHEDUL ORNES --� ft%d THE PERSONDESCRIBED COHTACTCOURT❑ SOUTHO D TOWN JUSDCE OMABOVE IS SUMMONED TOAPPEAR AT SSDSS ROUTEZS.SOUDIOLD,NY T1ST1 t, WRCF.ypF�pyy.FlbtFgyfyy AT FNbE3TA1EMEN,g 1}pBNARE SITYS�ASACIASSAMISD i COMFWNgNi SM,�NRSWNi T09FCLIDNR1nA5OF 11EP.LNY.g. DATE BADGE `ciM -- -- COURT COPY OCT 1 9 Sadoo, Tamara Page 1 of 2 From: Winser, Kristy Sent: Monday, October 18, 2010 2:31 PM To: Sadoo, Tamara Subject: FW: Battaglia FYI dont know if you need this?? [Winser, Kristy] -----Original Message----- From: Terry, Mark Sent: Wednesday, October 06, 2010 1:54 PM To: Lanza, Heather; Winser, Kristy Subject: RE: Battaglia A site inspection was conducted today with Martin Sidor, Chair to determine if the applicant is in compliance with Planning Board approvals. It appears that the site is cleared more than the 50% requirement. Also, areas of the 30' non-disturbance buffer have also been cleared. I need to go out there when it is not raining. Kristy emailed the Building Department to have them re-calculate the percent cover of the new construction on the parcel. She said they verified that it meets the code. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631) 765-1938 Mark.Terry(o�town.southold.ny us From: Lanza, Heather Sent: Tuesday, October 05, 2010 4:12 PM To: Terry, Mark; Sadoo, Tamara Subject: Battaglia What's the latest on this?I just heard from the attorney of a neighbor of Battaglia project that much clearing was done beyond the scope of what was supposed to be cleared and that his subdivision application has lapsed into expiration in the meantime. Heather Lanza, AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza@town.southold.ny.us 10/18/2010 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 18, 2010 4:00 p.m. 4:00 p.m. Review Public Meeting Agenda 4:15 p.m. Site Plans & Subdivisions Project name. acari Vineyards -As Built t MSCTM#: [190-0-1.2 1 1 1 3 - - - - I Location 1150 Bergen Avenue, at the intersection of Bergen Avenue and Sound Avenue, on the north side of Sound Avenue, in Mattituck -- __.. Description This site plan is for additions & alterations to an existingwine on a 5 6 winery 1 acre parcel in the A-C Zone. Status: i Approved Site Plan Action: --- Review the as built plan l-- -- --- --. -- __ Attachments: Staff Report _ ....... name: 671 Vineyard (JEMCO) [.SCTM# 1000-35-1-24 - --. - - - Location: 825 Main Road Greenport - 1 Description: This site plan is for construction of an 8,419 sq ft. building with associated parking for the purpose of a retail winery on 60.33 acres located in the R 80 Zoning District •: -... -- Status: Site Plan Review .... Action: J Review Staff Report and Site Plan. -_.. .. Attachments: Staff Report -.-.-.-------- ......... Project name: Guadagno, Patrick j SCTM#: { 1000 27 1 2 . .-.- I Location: on the north side of Orchard Street, approximately 1,008' west of Platt Road, in Orient -....-. --._-- ---------- - Description. This proposal is for a 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: 1 Conditional Sketch Approval Action: Review requests made by applicant wa a mail ; -. Attachments: E-mail Request _._.f -. Project name: Battaglia, Joseph & Heidi j SCTM#:%1000 64 3 3 Location: on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold Description: This is a standard subdivision to subdivide 101,002 sq. ft into two lots where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 { Zoning District j Status: Conditional Preliminary EXPIRED _ _ - - Action: Rev-iew site visit and letter from neighbors representative Attachments: Letter from Twomey, Latham, Shea � Pa Twomey, Lathfk, jAj �s Shea, Kelley, Dubin & Quartararo LLP stIOffiADB"x 398 r A T T O R N E Y S A T L A W Riverhead,New York I1901-9398 MAIN OF,:E: -1 ITIvaS A.TWOMIJv.IR. 33 West Second Street 3TI:I" 1 6.1 \TIIANT Riverhead,New York 11901-9398 1011A I'.:IIII9.III 1nRlIT 14urn n.KI I ILLY Telephone:631.727.2180 nncln M.n g I WANO* Facsir de: 631.727.1767 TI n¢ hV1 P Q1 lIi I TITI: I wwwsuffolklawrnm l: A11 I I INId11 a�n J1:vRIFocmnve ekelleyrr suffelklaw.conn 111:1>K I sn\IOI I K 1:1110\ na LI.I Extension 223 I d1 N4 I. II( NAT I IAN 0 I lld I I MkI K11MHRINK KI I °) I " NIJN)+ October 6, 2010 I' V[[ -. KIW\A[IS P3rf.R K H.1-Ill'. I d1 NLN I..IT PAIRI,Id I. ITT FSEII Martin H. Sidor H Chairman KI\1\ \1 ' IdFV.LP. III„•I, N,K,,"I•• Southold Town Planning Board ”"' "IIII"�11NL 53095 Route 25 K4hFS I V )[ll P.O. Box 1179 Southold, New York 11971 Re: Battaglia Subdivision/West Side of Hobart Road SCTM#: 1000-64-3-3 Dear Mr. Sidor: This office represents Andrew Semons, owner of a house immediately to the North of the above referenced property on Hobart Road. We have become aware that the current construction on the Battaglia property is not consistent with the conditions imposed by the preliminary subdivision approval and further that the applicant has allowed the preliminary subdivision approval to expire. It is my client's concern that Mr. Battaglia may seek to reinstate his preliminary subdivision approval after having circumvented the conditions of the subdivision approval through excessive clearing and construction inconsistent with the original subdivision approval and that said extension of the subdivision approval may take place without close scrutiny or a public hearing. We hereby request to be notified if and when the application is made to extend or reinstate the applicant's subdivision approval. It will be our contention that site conditions are substantially different from when the application was originally made and that this should be taken into consideration if and when applicant seeks to reinstate the subdivision. Sincerely, 1111 I R UI11,II IOi ATI,11, '0 M,Ii i,�treel H, .I"^ NY I 11H, Christopher Kelley OCT _ J 611.;'_4-1201 2010 it hill%rtCe1 NF 1196e CK:gg 611'F;.Pi 9P 4110 All,,),I R,.Id II�I<,SG cc: Andrew Semons I l.iipp.,,iu.,NY 117" 6 N16 5.1414 Snrthold,NY 11971 631.76;'100 Twomey, Lathan Shea, Kelley, Dubin & Quartararo LLP MAILING ADDRESS: Post Office Boz 9398 A T i 0 R N E Y S A T L A W Riverhead,New York 119019398 MAIN OFFICE: THOMAS B TWOMEYLATHAM,JR. 33 West Second Street STEPHEN BEA,III M Riverhead,New York 11901-9398 JOHN F.T$HEA,III CHRISTOPHER D.KELLEY DAVID M. DUBwo Telephone:631.727.2180 JAY P.QUARTARAROt Facsimile: 631.727.1767 PETER M.MOTT www.suffolklaw.com JANICE I.SNEAD ANNE M OTDA+ ekelley@suffolklaw.com @/�suffolklaw.com VA BRYAN C..VAN CCO Y KATHRYN DALLI Extension 223 LAURA L DUNATHAN A LISA CLARE KOMBRINK DANIEL G.WANT t L 1 KELLY E.KINIRONS October 6, 2010 PATRICK B.FIFE LAUREN E.STILES PATRICIA I.RUSSELL Martin H. Sidor OF COUNSEL KENNETH P.LAVALLE Chairman KEVIN M.FOX PHILIP D.NYKAMP� Southold Town Planning Board JOHN CIAUDE BAHRENBURG KAREN A.HOEG 53095 Route 25 t uN F,.,T[nN P.O. Box 1179 o a.a, .1 A NY ITanxs Southold, New York 11971 6 IT NI arras . rvvs Nc o..xs Re: Battaglia Subdivision/West Side of Hobart Road SCTM#: 1000-64-3-3 Dear Mr. Sidor: This office represents Andrew Semons, owner of a house immediately to the North of the above referenced property on Hobart Road. We have become aware that the current construction on the Battaglia property is not consistent with the conditions imposed by the preliminary subdivision approval and further that the applicant has allowed the preliminary subdivision approval to expire. It is my client's concern that Mr. Battaglia may seek to reinstate his preliminary subdivision approval after having circumvented the conditions of the subdivision approval through excessive clearing and construction inconsistent with the original subdivision approval and that said extension of the subdivision approval may take place without close scrutiny or a public hearing. We hereby request to be notified if and when the application is made to extend or reinstate the applicant's subdivision approval. It will be our contention that site conditions are substantially different from when the application was originally made and that this should be taken into consideration if and when applicant seeks to reinstate the subdivision. Sincerely, i OTHER OFFICE LOCATIONS: 20 Main Street East OCTHampton,NY 11937 631.324.1200 Christopher Kelley 1 _ 7 X10 51 Hill Street - Southampton,NY 11968 CK;gg L 631187.0090 ;7 490 Wheeler Road ... .. r Suite 165G cc: Andrew Semons - Hauppauge,NY 11788 - --- 631.265.1474 56340 Main Road P.O.Box 325 Southold,NY 11971 631765.2300 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631) 765-4643 October 4, 2010 Attn: Tamara Planning Board Town of Southold PO Box 1179 Southold NY 11971 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Tamara: With reference to the above and pursuant to your Septembe 28, 2010 letter, please be advised that the hay bales and silt fences have been erected on the site. Thank you. Very truly yours, LP_atrrCia C. Moore PCM/bp encls. — ---- r; OCT - 6 2010 I0i05,2010 09: 10 FAX 631 765 4643 MOOR[: Lk. l M F ICRS toot !7� PATRICIA C. MOORE I Attomey at Law 51020 Main Road Southold,New York 11971 Fel:(631)765-4330 Fax:(631) 765-4643 October 4, 2010 Attn: Tamara Planning Board Town of Southold PO Box 1179 Southold NY 11971 OCT - 5 2010 i RE: BATTAGLIA SCTM: 1000-64-3-3 11 Dear Tamara: With reference to the above and pursuant to your Septembe 28, 2010 letter, please be advised that the hay bales and silt fences have been erected on the site. Thank you. Very truly yours, Ia C. Moore PCM/bp encls. Pg Jill M. Doherty, President• �QF suer • Town Hall Anne\� James F. King,Vice-President ,`O� y�lO 54375 Main Road P.O. Box 1179 Dave Bergen l� * Southold,New York 11971-0959 Bob Ghosio,Jr. H John BredemeyerG.? �� Telephone(631) 765-1592 � Fax(631) 765-6641 NM BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Town of Southold Planning Board FROM: Bob Ghosio, Jr., Trustee IS Board of Trustees —n- -"-" DATE: September 29, 2010 SEP 3 0 20 RE: JOSPEH & HEIDI BATTAGLIA SCTM#1000-63-3-3 I am receipt of your memo dated September 27, 2010 referencing the Battaglia project noted above. According to your memo, Planning Staff and the Southold Town Engineering Inspector performed a site inspection the Battaglia project on September 23, 2010. Your memo states that the inspection found no hay bales or silt fencing on the site while construction is underway. The memo also refers to verbal reports previously being made by planning staff and the general public regarding the lack of hay bales and silt fencing to the Office of the Board of Trustees. I am concerned that your memo indicates your staffs finding that there are no hay bales and silt fencing at the site. It concerns me because of the contentious nature of the relationship some neighbors claim to have with Mr. Battaglia and I suspect our offices are being asked to ensure that all goes along according to the "letter" of our respective permits. As such, I don't want to see a disparity in what I found on site and what your staff says they found, in the event we are asked to substantiate our individual findings at a later date. I hope the following will clarify the matter. At the request of Joe Fischetti, a neighbor to the Battaglia's, made to me directly on September 23rd, 2010, 1 performed a site inspection to address what was described to me, by Mr. Fischetti, as a construction site lacking hay bales and silt fencing. In fact, there are hay bales and silt fencing on site and have been so for quite a while as evidenced by the deterioration of said hay bales. I did find, however, that the silt fence and hay bale line had been traversed by a vehicle on the water side of the now framed home, so that loading and unloading of material from the vehicle could be done. I further noted that the hale bale line and silt fencing was not installed to the extent that was prescribed by the Trustees permit and approved site plans. The line was short approximately 50 ft. on the north • 2 0 side of the project and did not wrap around to contain the piles of fill in the north yard. Measurement from a corner of the house showed the line to be within an accepted deviation from where the line was shown to be on the approved site plan. As such, I met with Mr. Battaglia and told him that the existing hay bale line and silt fencing needed to be replaced, extended to include the missing area as per the approved site plan, and not to traverse the line with a vehicle. Our office followed up with a certified letter to Mr. Battaglia, giving him 14 days to remedy the situation and call for a follow up inspection, after which, if not done, a violation would be issued. In addition, in response to a verbal request made by Planning Board office staff and the Town Engineer to our office on September 23, 2010, our office notified the Bay Constables and followed up with an e-mail. The next day, the Bay Constables were asked to disregard, as a result my conversation with Mr. Battaglia and a certified letter to him. If other verbal requests were made to the Trustees office from the Planning Office that a hay bale inspection be made, prior to September 23rd, I am not aware of it and respectfully request that from now on, all requests be made in writing to avoid this type of issue in the future. While speaking with Mr. Battaglia, I explained to him that the Trustee permit required that he call our office for a hay bale line inspection and a final inspection. He admitted having not called our office for a hay bale line inspection prior to beginning construction, claiming his expeditor didn't mention it to him. He now knows what inspections are required from the Trustees. I have attached a copy of the letter our office has sent to Mr. Battaglia as well as the e-mail to the Bay Constables. As you requested, I hope this will help your office to expedite the re-issuing of the applicant's approval for Conditional Preliminary Approval. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact this office. Jill M. Doherty,President �QF S0 Town Hall Annex James F.King,Vice-President ,�0� �� 54375 Main Road Dave Bergen P.O. Box 1179 Southold, New York 11971-0959 Bob Ghosio,Jr. co John Bredemeyer '.2� �O Telephone(631) 765-1892 Fax(631) 765-6641 rm, BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 24, 2010 Mr. and Mrs. Joseph Battaglia 28 Wilton Rd. Cold Spring Harbor, NY Re: Wetland Permit#7028 2000 Hobart Rd., Southold Dear Mr. and Mrs. Battaglia: As you know, in response to a complaint our office received, Trustee Bob Ghosio met with you yesterday to inspect the hay bale line at your construction site. At your meeting, Trustee Ghosio is recommending that you replace the current hay bales and silt fence. The existing was never inspected by our office, as was a requirement of your permit, and construction began. In the interim, the hay bale line has deteriorated and is, in fact, not installed as per the approved plans dated as approved by our office February 24, 2010. The Trustees request that you install new hay bales and silt fencing according to the approved plans. Please do this within 14 days of the date of this letter, and call our office for a follow up inspection. If all complies at that time, our office will forego issuing a violation. Thank you very much for your attention to this matter. Si cerely, I M. Doherty, PresideDK oard of Trustees Cc: Southold Town Bay Constables Postal CERTIFIED MAIL,, • a (Domestic M :Er 0FFICI Ao mPostage $ t` Certified Fee � a 4P C3 Return He Receiptipt Fee - Hem C3 (Endorsement Required)e \`` C3Restricted Delivery Fee pC, A�1� (Endorsement Required) V 1 coTotal Postage&Fees O • 01 Sent B ,�a__. � ,._._ `_ _______________ 0 � Npt W- or PO Bae No. CiN Srele,LP+ SENDER: COMPLri-E THIS SECTION COfV.'PLE7FTHiS SEC TION ON DELIVLRY ■ Complete items 1,2,and 3.Also complete A. Sig re Item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse 0 Addressee so that We can return the card to you, B. R try(Punted N ) C too ry ■ Attach this card to the back of the maiipiece, or on the front If space permits. . D. Is delivery address different frorn Item 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Olt livn (fid. a+«` 3. Sent' Type r \1^� 1� i t„-rb i V I !1( ' Sent' Mall 0 Express Mail COVV`(�R Ll1V ''r g6 Vt ,`x-11 0 Registered 0 Return Recelpt for Merchandise 13 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Ya 2. Article Number (rrensfenrom santme label. _ 7009 0820 0001 7 819 1131 PS Form 8811, February 2004 Domestic Return Receipt /02595-02401-t,"e , Page 1 of 1 Standish, Lauren From: Standish, Lauren Sent: Friday, September 24, 2010 11:20 AM To: Dzenkowski, Don; Kirincic, John; Epple, Andy Cc: Kruszeski, Frank Subject: RE: Battaglia- Hay Bale Line Attachments: battaglia letter trustees.doc Please disregard. The Trustees are notifying the property owner by mail, as attached. From: Standish, Lauren Sent: Thursday, September 23, 2010 3:21 PM To: Dzenkowski, Don; Kirincic, John; Epple, Andy Cc: Kruszeski, Frank Subject: Battaglia - Hay Bale Line RE: Joseph Battaglia 2000 Hobart Rd., Southold SCTM#64-3-3 Planning Board Office staff and the Town Engineer reported to our office that the required hay bale/silt fence line surrounding the construction area has deteriorated. There is also a mound of fill that could potentially run-off into the wetlands. Please investigate and provide our office with your report. Thank you. L"Wff 711, Srax" Secretarial Assistant Board of Trustees (631) 765-1892 9/29/2010 • 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �pf SOUTy P.O. Box 1179 MARTIN H.SIDOR �0� Southold, NY 11971 Chair �y OFFICE LOCATION: WILLIAM J.CREMERS y bw Town Hall Annex KENNETH L.EDWARDS 0 54375 State Route 25 JOSEPH L.TOWNSEND Q (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI I�C�UR l' Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 28, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: This letter serves as a follow-up to the Southold Town Planning Board's September 28, 2010 Work Session where the above referenced application was reviewed and discussed. The following items were reviewed and discussed by the Southold Town Planning Board: 1) Expiration of Conditional Preliminary Approval on August 8, 2010. 2) Lack of hay bales and silt fencing during construction of the residence on proposed Lot 2 as required by the Southold Town Board of Trustees and the New York State Department of Conservation (NYS DEC). 3) Request made by applicant to have a choice between using a pervious surface for a driveway as required by Item 3(e) in the Conditional Preliminary Approval granted for this application on February 8, 2010 or an impervious surface for the driveway with requisite drainage in place. As to Item 2 listed above, a memorandum was sent from the Southold Town Planning Board to the Southold Town Board of Trustees regarding the lack of required hay bales and silt fencing during construction of the residence on 0 0 proposed Lot 2. The Southold Town Planning Board has requested that the Southold Town Board of Trustees look into this matter as soon as possible so that the required hay bales and silt fencing are in place on site while the residence on proposed Lot 2 is being constructed. * As to Item 3 listed above, the Southold Town Planning Board reviewed and discussed the applicant's request. As Chapter 236 of the Southold Town Code also allows for impervious surfaces with adequate and appropriate drainage to be used as driveways, the applicant must submit road and drainage plans showing all drainage necessary for the impervious driveway. This drainage must be reviewed and approved by the Southold Town Engineering Inspector and the Southold Town Planning Board prior to Final Approval being given to this above referenced proposed subdivision. As to Item 1 listed above, once Items 2 has been addressed and resolved, the application will be scheduled for re-issuance of Conditional preliminary Approval at the next available public meeting for the Southold Town Planning Board. * Please note that during the September 27, 2010 the applicant's representative, Ms. Patricia Moore, Esq. informed the Southold Town Planning Board verbally that her client, the applicant, was in the process of ordering 40 hay bales and 300' (feet) of silt fencing to be placed and erected on site to protect the adjacent water boy and wetlands from the on-going current construction of the residence on proposed Lot 2. Please notify the Southold Town Planning Board in writing once the hay bales and silt fencing is in place. If you have any questions, please do not hesitate to contact this office. Thank you. �� 1 Tamara Sadoo Planner • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SOUTy P.O. Box 1179 MARTIN H.SIDOR ��� Q� Southold, NY 11971 Chair 411 OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JOSEPH L.TOWNSEND '�Q� G1�� (cor.Main Bd. &Youngs Ave.) DONALD J.WILCENSKI COUNV Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO To: Town of Southold Board of Trustees From: Town of Southold Planning Board Date: September 27, 2010 Re: Proposed Subdivision for Joseph and Heidi Battaglia, SCTM#1000-63-3-3 Dear Board of Trustees, It has come to our attention that Mr. Battaglia is in the process of constructing his home on proposed Lot 2 of his two-lot subdivision on Hobart Avenue in Southold referenced above. However, based upon a site inspection conducted on September 23, 2010 by Planning staff and the Southold Town Engineering Inspector it appears that no hay bales and silt fencing are currently on-site while construction is underway as required by permits issued by the Board of Town Trustees and the New York State DEC. Verbal reports have previously been made by Planning staff and the general public regarding the lack of hay bales and silt fencing to the Office of the Board of Trustees. The Planning Board respectfully requests that the Board of Trustees address this matter and potential violation as soon as possible. The applicant's approval for Conditional Preliminary Approval for the above referenced standard subdivision has expired and the Planning Board would like this matter addressed prior to re-issuing Conditional Preliminary Approval. If you have any questions, please do not hesitate to contact this office. Thank you for your cooperation. 0 6 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 27, 2010 4:00 a.m. Applications: --- --- -..-i Project name: I Orlowski Hardware Company SCTM# ! 1000-140-3-3.4 .... -- . . -- -- -1--m-and Location: The property is located on the southeast corner of Love Lane and Pike Street known as 320 Love Lane, Mattituck Description: This site plan is for the proposed conversion of the 2nd floor of an existing building to 2,797 sq. ft of office space where the existing basement is 2,797 sq. ft. of storage space, the existing first floor is 6,757 1 sq. ft. of retail space for a hardware store and 1,073 sq. ft. of retail for a clothing store where 70 parking spaces are required and no parking is provided on-site but use of nearby municipal parking is proposed on a 27 acre parcel in the Hamlet Business Zone ....... Status: Approved Site Plan -- -.. --- -- -- — Action: Recommend for the Planning Board consider an extension of the applicants site plan that has expired. __ -- Attachments: Resolution, dated 1/9/07 Project name. Battaglia, Joseph & Heidi SCTM# 1000-64-3-3 .-. ........................ . . ..._. Location. This site is located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold. 1 -. _.-...-- ---- Description: This is a standard subdivision to subdivide 101,002 sq. ft. into two lots I where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 j Zoning District Status: Conditional Preliminary EXPIRED .... ..... . ------------- _ . --- ------- --- Action: Review request from applicant to re-issue Conditional Preliminary Approval. _. __ Attachments Letter from Agent, dated 9/7/10 - -- _ _._, Project name: , Guada no, Patrick SCTM#:'1000-27-1-2 - - - -- ---- Location: The property is located on the ---north side of Orchard Street, approximately 1,008' west of Platt Road, in Orient. j ...-...- -- - ---- Description: This proposal is for a 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 1 a 2.5 acre building envelope and 6 acres of subdivision open space. - --- Status: ; Conditional Sketch Approval -. _-.-.-.. ..... - ------ _� Action: Review preliminary plan/schedule for Conditional Preliminary Approval for October 2010 ............................_._. --------------------- Attachments: Staff Report/Checklist PATRICIA C. MOORE �a ITI�S Attorney at Law rev 51020 Main Road LL Southold,New York 11971 C Tel: (631)765-4330 Fax: (631) 765-4643 September 27, 2010 Attn: Tamara Planning Board Town of Southold PO Box 1179 Southold NY 11971 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Tamara: With reference to the above Standard Subdivision application, please be advised that we have received our subdivision approval from the Health Department as evidenced by enclosed of a portion of the stamped map. We will print Mylars of the map as soon as the enclosed draft C & R's and revisions to map have been approved. In the meantime, I am enclosing a copy of the SCWA Letter of Availability. My clients check in the amount of $7,000.00 for the park and playground fee will follow under separate cover. Thank you for your continued courtesies in this matter. Very trul yours, ncia C. Moore PCM/bp encls. SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway, Oakdale, New York 11769-0901 January 14, 2010 Patricia C Moore Attorney At Law 51020 Main Rd Southold NY 11971 Re: Water Availability—Joseph & Heidi Battaglia 1720 Hobart Road, Southold — Lots 1 & 2 SCTM# 1000-64-3-3 File# 5131241 Dear Ms. Moore, We have received your request for information regarding availability of public water service to the above referenced property. A review of our records indicates that there is an existing water main and service available to one of the lots from Hobart Road. If the existing service will no be reused the service line will need to be retired at your clients expense ($1,000.00). Tap fees of $1,500.00 along with additional key money fee of $3,000.00 will be required for any new house service laterals you install, as well as service line inspections. If you have any further questions, please feel free to contact me at (631) 563-5610 or our New Service Department at (631) 218-1148. Sincerely, Steven Romano Manager New Service SR:lap a�R BUILDING ,NOLO lfl �N F 0 o -I ^9 Z O_ m A m Fx SEPTIC A z > TANK m no m O w eb P. 00 i 10' Z LEACHING MIN. POOL F Z N ROAD SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N.Y. SEP 0 3 2010 Date This.u.�o certify that the propo ed ReBIt—y�yy��bdivisign or Development for O$@p� �' �QIH6 �6�1,i 1�R,gl� Q ;n the SO 4{�p Ia with a total of" of was approved on the above date. Water Supplies and Sewage Disposal Facill;ties must conform to construction standards in effect at the time of construction and are subject to separate permits pursuant to those standards. This approval shall be valid only if the realty subdivision/ development map is duly filed with the County Clerk within one year of this date. Consent is hereby given for the filing of this map on SU which this endorsement appears in the Office of the County Clerk in hereby certify that the water pp y(5 accordance with the provisions of the Public Health Law and the were designed by me or Under my direc Suffolk County Sanitary Code. the soil, site and groundwater conditions, Department of Health Services constructs, WALTER J.HUM V �FiED Aq l • n���`�� 5 NER Director, Division of Environmental Quality X A tV ea TEST HOLE DATA :9T 025339 (TEST HOLE DUG BY MCOONALD GEOSCIENCE ON JULY 3, 2008) OF pJF_\N� EUCV. 12.2' o' MIXED SAND k GRAVEL Do PROS BROWN SILT ML HOUSE 3' F.R. 15.5, PRECAST REINFORCED CONCRETE COVER BURIED 1' DEEP min. 2' DEEP mm. J MIR. a PALE BROWN FINE SP APPROVED PIPE TO MEDIUM SAND PITCHED 1/4"/1' TOP ELEV. I " INV. EL. t3.a' INVERL - ELEv. RI ELEV, 0.6' 11.6• BATF GROIND WATER 0 WATER INPALE BROWN FINE SP TO MEDIUM SAND SEPTIC TANK (1) 1. MINIMUM SEPTIC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1,51 1 TANK; 9' DIA. 5' UOUID DEPTH 17 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,00 3. WALL THICKNESS $HALL BE A MINIMUM OF 3 A TDP THICKNESS Or ALL WALLS, 8070M AND TOP SHALL CONTAIN REINFORCING TO RE6I5 4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT. 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN A11 DIRECTIONS ON A MINIMUM 3'THICK BED OF COMPACTED SAND OR PEA GRAVEL 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE CP. \ \ \ \0 AI \A 0, -1-o do he he ` los 6664 sal me )se n/ oar On I hereby certify that the water supply(s) and/or sewage disposal system(s) for this project ne were designed by me or under my direc:ian; Based upon a careful and thorough study of the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County Department of Health Services construction standards in effect as of this date. BRED qR 5 HER cS� riy Q � 1 N 9� X25339 -r 3, 2008) fi OF NE`N y PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCALE) HOUSE EFL. 155 FINISHED GRADE PRECAST REINFORCED CONCRETE COVER ELEV 14JE FINISH GRADE BURIED Y DEEP min. 2' DEEP mm_ 24'da. LOCKING. WATERTIGHT & INSECT PROOF ELEV. 4Y CAST IRON COVER TO GRADE MIN. 4' dw, MIN. a'ala. TOP EL. t3.O' 3 APPROVED PIPE O'min. PITCHED 1 4' I' TOP EIEV. 168• APPROVED PIPE PITCHED 1/8'/1' - 6, INV. EL INVERT 3,' w —_ 111 3D' ?�: INVERT - ELEV. tie' ELEV.12„1 FLAW BPI E e � BOTrOM 3. 'INE SP SEPTIC TANK (11 1. MINIMUM SEVnC TANK CAPACDIES FOR A 6 BEDROOM HOUSE IS 1,500 GALLONS. 1 TANK; 8' DV, 5' LIQUID DEPTH 2. CONCRETE $HALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS. 3. WALL THICKNESS SMALL BE A MINIMUM OF 3. A TOP THICKNESS OF 6' MID A BOTTOM THICKNESS OF a'. LEACHING POOLS ALL WALLS, BOTTOM AND TOP SHALL COMAIN REINFORCING TO RESIST AN APPUED FORCE OF 300 Psf. 4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK 15 WATERTIGHT. 1. MINIMUM LEACHING SYSTEM FOR A 6 BEDRO( 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX. TOLERANCE OF tl/4) 3 EDDIES; 6' DEEP, W dip. ON A MINIMUM 3° THICK BED OF COMPACTED SAND OR PEA GRAVEL. 2. LEACHING POOLS ARE TO BE CONSTRUCTED I 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. LEACHING STRUCTURES, SOLID DOMES AND/O 3. ALL COVERS SHALL BE OF PRECAST REINFOR 4. A 10' min. DISTANCE BETWEEN LEACHING P0 5. AN 8' min. DISTANCE BETWEEN ALL LEACHIN( 20'-0" O� `EXPANSION JOINF I TYPICAL PLAN_ FLOW LINE 1 Z 42 — EXP. JT. - -- - - SECTION B-B 6' _I 2' 3' RAMP 1/4"/F7. L �3500 1 4"/FTz ���� N8" REINFORCED CONCRETE SLAB , 2" PSI AT 28 DAYS MIN. STEEL REINFORCED WELDED WIRE MESH, 6"x6' -#6x#6 COMPACTED SUBGRADE SECTION A-A CONCRETE DRIVEWAY APRON (NOT TO SCALE) J!JAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIF1CA.T IONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY. GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUBON. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS D ADQI DB - Nathan Taft Corwin BY THE L.L USE S. AND APPROVED AND A E LAD FOR SUCH 115E dY THE NEW YORK STATE LAND - Surveyor TITLE ASSOCIATION. Land I Title Surveys — Subdivisions — Site Plans — Construction Loyou / ) PHONE (631)727-2090 Fax (631)727-1727 - ''- OFFICES LOCATED AT MAILING ADDRESS 322 Roanoke Avenue P.O. Box 1931 N.Y.S. Lic. No. 50467 Riverhead, New York 11901 Riverhead, New York 11901- i r JBDIVISION OF JOSEPH & HEIDI BATTAGLIA SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY , NEW YORK S.C. TAX No. 1000- 64-03 -03 SCALE 1 "=30' MAY 28, 2008 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS FEBRUARY 12, 2009 REVISED WETLAND LINE APRIL 18, 2009 REVISE MAP JANUARY 10, 2010 REVISED PER S.C.D.H.S. NOTICE No. 1 FEBRUARY 12, 2010 LOCATE 2 PINE TREES TO REMAIN JUNE 10, 2010 REVISED PER S.C.D.H.S. NOTICE No. 2 TOTAL AREA = 101 ,022 sq. ft. (TO TIE LINE) 2.319 ac. UPLAND AREA = 94,481 sq. ft. WETLAND AREA = 6,541 sq. ft. ES: . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DA(UM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: — EFL. - FlRST FLOOR G,FL. - GARAGE FLOOR T.W. - TOP OF WALL B.W. - BOTTOM OF WALL THIS PROPERTY IS WOODED TO THE EDGE OF THE WETLANDS WITH OVERGROWN LAWN AREA AROUND HOUSE. ZONING USE DISTRICT: R-40. DRYWELLS WITH GUTTER LEADERS TO CONTAIN RAINWATER RUN—OFF SHALL BE INSTALLED FOR ANY FUTURE DEVELOPEMENT OF THIS SUBDIVISION. PROPOSED CLEARING LIMITS SHOWN AS AS OUTLINED IN SECTION 240-46(C) OF THE SOUTHOLD TOWN TOWN CODE. ALL EXISTING STRUCTURES HAVE BEEN REMOVED FROM THIS PROPERTY. tj 12'-0,. f JPEE'l TURED BROOM FINISH RECEIVED PENDICULAR TO SLOPE JUL 0 6 2010 SUFF.CO.HEALTH SERVICE: OFFICE OF WASTEWATER MGT PATRICIA C. MOORE • Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 1)765-4330 Fax: (631)765-4643 C 00 FD\ j 7 September 27, 2010 Attn: Tamara Planning Board Town of Southold PO Box 1179 Southold NY 11971 RE: BATTAGLIA SUM: 1000-64-3-3 Dear Tamara: With reference to the above Standard Subdivision application, please be advised that we have received our subdivision approval from the Health Department as evidenced by enclosed of a portion of the stamped map. We will print Mylars of the map as soon as the enclosed draft C & R's and revisions to map have been approved. In the meantime, I am enclosing a copy of the SCWA Letter of Availability. My clients check in the amount of $7,000.00 for the park and playground fee will follow under separate cover. Thank you for your continued courtesies in this matter. Very truly yours, Patricia C. Moore PCM/bp encls. SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway, Oakdale, New York 11769.0901 January 14, 2010 Patricia C Moore Attorney At Law 51020 Main Rd Southold NY 11971 Re: Water Availability—Joseph & Heidi Battaglia 1720 Hobart Road, Southold — Lots 1 & 2 SCfM# 1000-64-3-3 File# 5131241 Dear Ms. Moore, We have received your request for information regarding availability of public water service to the above referenced property. A review of our records indicates that there is an existing water main and service available to one of the lots from Hobart Road. If the existing service will no be reused the service line will need to be retired at your clients expense ($1,000.00). Tap fees of $1,500.00 along with additional key money fee of$3,000.00 will be required for any new house service laterals you install, as well as service line inspections. If you have any further questions, please feel free to contact me at (631) 563-5610 or our New Service Department at (631) 218-1148. Sincerely, Steven Ro,% mano Manager New Service SR:lap Z \ r N �p \ r°pO \\ 11 s is XAX a \ \ `\ \ \ \ 0 ` ti \ 4 `(ti 0 \ \ \ c`Iio ti e he ,Gs 6 �6 sol 6 me )Se A n/ �Or °O I hereby certify that the water supply(s) and/or sewage disposal system(s) for this project he were designed by me or under my direc:ican; Based upon a careful and thorough study of the soil, site and groundwater conditions, all lots, as proposed, conform to the Suffolk County Department of Health Services construction standards in effect as of this date. SPED AR 5 0 HER Cy/ ty gr 9� X25339 .Y 3, 2008) F OF NE`N PROPOSED SEPTIC SYSTEM DETAIL (NOT TO SCALE) HOUSE 5.5 FIN5HE0 GRADE EM. U& PRECAST REINFORCED CONCRETE COVER 2a'dia. LOCKING. WATERTIGHT h INSECT PROOF FlNISH GRADE BURIED V DEEP min. 2' DEEP mar. C45i IRON COVER AT GRADE ELEV. ta.> MIN. L Gia. APPROVED PIPE _ O'min. MIN, a'Gia. A TW EL 13.0' PITCHED 1/4-/1' TOP EL .8,71, EV. 13APPROVED PIPE c PITCHED t/B'/1' [ INVTp . EL 7 P13.0' INVERTn m INVERT e ELEV. OW ELEV. IJ VIE FINE SP BOTTOM SEPTIC TANK (11 — 1. MINIMUM SEPTIC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1,500 GALLONS. 1 TANK: 8' DM. 5' UQU1D DEPTH 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3,000 psi AT 28 DAYS. 3. WALL THICKNESS SHALL BE A MINIMUM OF 3', A TOP THICKNESS OF 6'AND A BOTTOM THICKNESS OF 4', LEACHING POOL' ALL WALLS, BOTTOM AND TOP SHALL CONTAIN REINFORCING TO RESIST AN APPLIED FORCE OF 300 psf. 4. ALL JOINTS SEUQL BE SEALED SO THAT THE TANK IS WATERTIGHT. 1. MINIMUM LEACHING SYSTEM FOR A 6 BB 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTIONS (WITH A MAX. TOLERANCE OF 21/47 3 POOLS: 6' DEEP, 5' Gia. ON A MINIMUM 3•THICK BED OF COMPACTED SAND OR PEA GRAVEL 2. LEACHING POOLS ARE TO BE CONSTRUCI 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED. LEACHING STRUCTURES, SOLID DOMES M 3. ALL COVERS SHAI1 BE OF PRECAST REIT 4. A 10' min. DISTANCE BETWEEN LEACHING 5. AN B' min. DISTANCE BETWEEN ALL LFA< y \ Opo (-P lT BUILDING �pog 63 �N N O � m ar m F x SEPTIC n z m z TANK m F aoz < 10' LEACHING MIN. POOL F Z Ut ROAD SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES HAUPPAUGE, N.Y. SEP 0 3 2010 Date Thiss%..to certify that the Nprcped RjjITQbdvisign or Development for OS@ph * e1 'aQ in the 5 "+.kb 14 With a total of lot was approved on the above date. Water Supplies and Sewage Disposal Facillities must conform to construction standards in effect at the time of construction and are subject to separate permits pursuant to those standards. This approval sholl be volid only if the realty subdivision/ development map is duly filed with the County Clerk Within one year of this dote. Consent is hereby given for the filing of this map on hereby certify that the water SU which this endorsement appears in the Office of the County Clerk in y y pp y( accordance with the provisions of the Public Health Law and the were designed by me or Under my dil Suffolk County Sanitary Code. the soil, site and groundwater conditio Department of Health Services constru WALTER J.RUM, CAODirector, ivision of Environmental Ouolity TEST HOLE DATA 9j 025339 (TEST HOLE DUG BY WDONALD GEOSCIENCE ON JULY 3, 2008) �OF NSA ELEV. 12.2' o' MIXED SAND & GRAVEL P R c O.5' BROWN SILT ML HOUSE 3' F.R.15,51 PRECAST REINFORCED CONCRETE COVER BURIED V DEEP min. 2' DEEP mP.. MIN. 4"db. PALE BROWN FINE SP APPROVED PIPE TO MEDIUM SND PRCNED 1 C 1' TOP ELEV. INV. EL. 13.0' INVERT ELEV.17,.9: EIEV. 0.6' GROIND WATER t WATER IMPALE BROWN FINE SP TO MEDIUM SAND SEPTIC TANK (t) 1. MINIMUM SEPBC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1 TANK; 8' CIA. 5' UOUID DOM 17 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3. WALL THICKNESS SHALL BE A MINIMUM OF 3'. A TOP THICKNES! ALL WALLS, 8070M AND TOP SHALL CONGAIN REINFORCING TO I 4. ALL JOINTS SHALL BE SEALED SO THAT THE TANK IS WATERTIGH 5. THE SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECTI ON A MINIMUM 3'THICK BED OF COMPACTED SAND OR PEA GR 6. A 10' min. DISTANCE BETWEEN SEPTIC TANK AND HOUSE SHALL A 20'-0" _ `EXPANSION JOINT i TYPICAL PLAN —FLOW LINE 1 47— " — EXP. JT. ((11 88rr,, SECTION 8-8 6' 2' 3' RAMP _ 1/4"/F L 4" 6" a 8" REINFORCED CONCRETE SLAB 2' 3500 PSI AT 28 DAYS MIN. STEEL REINFORCED WELDED WIRE MESH, 6"z6" — 6x$6 COMPACTED SUBGRADE SECTION A-A CONCRETE DRIVEWAY APRON (NOT TO SCALE) UNAUTHORIZED ALTERATION OR ADDITION 'r0 THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUOON. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS D ADQISFJED Nathan Tafit Corwin BY THE L.L USE AND APPROVED AND ADAPTED ae FORS SS USE BY THE NEW YORK STl�FE_L:PND ' TITLE ASSOCIATION. A Land Surveyor s ' k Title Surveys — Subdivisions — Site Plans — Construction Loyou —2090 —17277" KPHONE (630727 OFFICES LOCATED AT MAILING ADDRESS 322 Roanoke Avenue P.O. Box 1931 N.Y.S. Lic. No. 50467 Riverhead, New York 11901 Riverhead, New York 11901- i JBDIVISION OF JOSEPH & HEIDI BATTAGLIA SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 64-03-03 SCALE 1 "=30' MAY 28, 2008 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS FEBRUARY 12, 2009 REVISED WETLAND LINE APRIL 18, 2009 REVISE MAP JANUARY 10, 2010 REVISED PER S.C.D.H.S. NOTICE No. 1 FEBRUARY 12, 2010 LOCATE 2 PINE TREES TO REMAIN JUNE 10, 2010 REVISED PER S.C.D.H.S. NOTICE No. 2 TOTAL AREA = 101 ,022 sq. ft. (TO TIE LINE) 2.319 ac. UPLAND AREA = 94,481 sq. ft. WETLAND AREA = 6,541 sq. ft. 'ES: ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS: — FFL. - FIRST FLOOR G.FL. - GARAGE FLOOR T.W. - TOP OF WALL B.W. - BOTTOM OF WALL THIS PROPERTY IS WOODED TO THE EDGE OF THE WETLANDS WITH OVERGROWN LAWN AREA AROUND HOUSE. ZONING USE DISTRICT: R-40. DRYWELLS WITH GUTTER LEADERS TO CONTAIN RAINWATER RUN—OFF SHALL BE INSTALLED FOR ANY FUTURE DEVELOPEMENT OF THIS SUBDIVISION. PROPOSED CLEARING LIMITS SHOWN AS AS OUTLINED IN SECTION 240-46(C) OF THE SOUTHOLD TOWN TOWN CODE. ALL EXISTING STRUCTURES HAVE BEEN REMOVED FROM THIS PROPERTY. :t 12'-0" TEXTURED BROOM FINISH PERPENDICULAR TO SLOPE RECEIVED JUL 0 6 2010 SLIFF.CO.HEALTH SERVICE; OFFICE OF WASTEWATER MGI PATRAC. MOORE, ATTORNEY AVLAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 CAA��_TE TO 7�-n �vL' 4.� SUBJECT ��/C -c-'CI SEP 15 2010 v�s 4eA4-0 SIGNED 01),'07.2010 10:21 PAS sat 765 4643 NOORH I.wt 01Flffs [A 001 PATRICIA C. MOORE P�j1 Attorney at Law l 51020 Main Road I Southold, New York 11971 (631)765-4330 Fax Pax: (63I)765-4643 September 7, 2010 Attn: Tamara Planning Board Town o'� Southold SEP 7 2010 PO Box 1179 Southold NY 11971 -1 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Tamara: With reference to the above Standard Subdivision application, please let this letter serve as a request for the Conditional Preliminary Approval be extended and/or reissued. We are still waiting on Health Department approval, having submitted the last requested documents to them on August 10, 2010. Thank you for your continued courtesies in this matter. ' Very_tr urs, atricia C. Moore PCM/bp 0 a MAILING ADDRESS: PLANNING BOARD MEMBERSgyp" SOUIy P.O. Box 1179 MARTIN H.SIDOR �0� �/_ Southold, NY 11971 Char yO iTr OFFICE LOCATION: WILLIAM J.CREMERS y :hc Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JOSEPH L.TOWNSEND Q (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI �yCOU Nt'1 Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 2, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: This letter is to inform you that Conditional Preliminary Approval issued February 8, 2010 for the above referenced property has expired. If your client wishes to request that Conditional Preliminary Approval be re-issued or if your client wishes to withdraw the application for the proposed standard subdivision, please submit a letter to the Southold Town Planning Board stating this. If you have any questions, please do not hesitate to contact this office. Thank you, Tamara Sadoo Planner 03/01/2010 11:14 631-8044 S C PLANING DE9 PAGE 01 Suffolk County Department of Planning Thomas A. Isles, Director P.O. Box 6100 Hauppauge, New York 11788 (631-853-5990) Fax: (631-85334044) FAX TRANSMISSION COVER SHEET To: Tamara Fax#: 765-3136 From: John Corral z Date: 03/01/2010 Subject. Battaglia SCPC Decision Letter YOUSHOULD RECEIVE 2 PAGE(S),INCLUDING THIS COVER SHEET. IF YOUDO NOT RECEIVEALL THE PAGES,PLEASE CALL (631) 853-5190. Message: Tamara, Please find the Suffolk County Planning Commission decision letter for Battaglia. Please feel free to call me at 631-853-4022 with any questions. Sincerely, John Corral + ri., 03/01/2010 11: 14 631-853-4044 5 C PLANING DEP: PAGE 02 • COUNTY OF SUFFOLK �?a FILE STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES,A.1.C.P DIRECTOR OF PLANNING February 25, 2010 Town of Southold Planning Board Office P P.O. Box 1179 Southold, N,Y. 1.1971 Att: Ms. Tamara Sadoo, Planner j1�{ Re: Joseph and Heidi Battaglia Suffolk County Tax Map No.: 1000-064.00-03.00-003.000 Suffolk County Planning File No.: S-SD-10-01 Dear Ms. Sadoo: Pursuant to the requirements of Section A 14-24, Article XN 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. Comments: • Setbacks from tidal streams/rivers, wetlands and other tidal bodies shall be provided and maintained in accordance with applicable Federal, State, County and local regulations. A minimum setback of one hundred feet(100') is recommended adjacent to a stream,river,creek or any tidal body and the meadow areas bordering such bodies of water. Sincerely, Thomas Isles, AICP Director of Planning John Corral Planner JHC.jc 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)8534044 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 February 26, 2010 Attn: Tamara - Planning Board - Town of Southold PO Box 1179 – --_ Southold NY 11971 F :'.? 2 6 2010 RE: BATTAGLIA — SCTM: 1000-64-3-3 Dear Tamara: With reference to your request, enclosed please find 4 copies of a survey last dated February 12, 2010 locating the 2 Pine Trees remaining. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Pa 'cia C. By Betsy Perki s LA /bp encls. COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES,A.I.C.P DIRECTOR OF PLANNING February 25, 2010 Town of Southold Planning Board Office P.O. Box 1179 Southold,N.Y. 11971 Att: Ms. Tamara Sadoo, Planner Re: Joseph and Heidi Battaglia Suffolk County "Tax Map No.: 1000-064.00-03.00-003.000 Suffolk County Planning File No.: S-SD-10-01 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. Comments: • Setbacks from tidal streams/rivers, wetlands and other tidal bodies shall be provided and maintained in accordance with applicable Federal, State, County and Local regulations. A minimum setback of one hundred feet(100') is recommended adjacent to a stream, river, creek or any tidal body and the meadow areas bordering such bodies of water. Sincerely, Thomas Isles, AICP Director of Planning H�' ohn Cor Planner JHC:jc 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 V • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF sour P.O. Box 1179 MARTIN H.SIDOR �� y� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS 4 Town Hall Annex KENNETH L.EDWARDS 0 Q 54375 State Route 25 JOSEPH L.TOWNSEND %�� �� (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKIIiYCOU0 N Southold,NY n 11 Telephone: 631 765-1838 Fax: 631 765-3136 February 9, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Conditional Preliminary Approval: Proposed Standard Subdivision for Joseph & Heidi Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, February 8, 2010, adopted the following resolutions: WHEREAS, this proposal is for a standard subdivision to subdivide 101,002 sq. ft. into two lots where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on January 21, 2009, the Board of Trustees approved a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, on April 27, 2009, the Southold Town Planning Board resolved to waive the prohibition on disturbance of existing conditions to allow for the demolition of an existing barn, and again on June 9, 2009, to allow for the demolition of an existing house and construction of a new house; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on July 14, 2009 upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III, L.S.; and WHEREAS, on October 19, 2009, the applicant submitted an application for Preliminary Approval; and WHEREAS, on November 4, 2009, the Preliminary Subdivision Map was referred to the Southold Town Engineer for review; and Battaglia Page Two February 9. 2010 WHEREAS, on December 7, 2009, the Southold Town Planning Board received comments from the Southold Town LWRP Coordinator; and WHEREAS, on December 17, 2009, the Southold Town Planning Board reviewed and accepted the Southold Town Engineer's comments; and WHEREAS, on January 11, 2010, a Preliminary Public Hearing was held and closed on the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S.; and WHEREAS, on February 8, 2010, Suffolk County Planning Commission provided comments stating that the subdivision was a matter of local jurisdiction; and WHEREAS, all the conditions of Conditional Sketch Approval granted on July 14, 2009 have been met; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, based upon an uncoordinated review of this Unlisted Action, established itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S., subject to the following conditions: a) Submission of Final Plat Application. b) Submission of Final Plat with the following required amendments: i. Title the plat "Final Plat of Joseph and Heidi Battaglia".v ii. Add the name and address of legal owner of the property.. iii. Add key map.,/ iv. Add locations of significant trees outside of the limits of clearing and labels identifying which are to be trimmed, removed or are to remain.,. v. Pursuant to § 280-93. Front landscaped area. In all nonresidential districts and in the Hamlet Density Residential and R-40 Low-Density Residential Districts, one shade tree having a caliper of two inches shall be planted within the front landscaped area for each 40 feet or fraction thereof of lot frontage. Please propose and show locations of each tree required taking into account the existing vegetation. Final location and specifications of trees will be determined by the Planning Board. c) Submission of Draft Covenants and Restrictions to include the following clauses: Battaglia Page Three February 9, 2010 a. Description of the required 30' non-disturbance, non-fertilization buffer and proposed permissible maintenance activities (i.e. removal of vegetation threatening property or health of residents)within the buffer. b. List and general description of all significant trees (greater than 18 inches diameter breast height located on the lots and shade trees as indicated above. Note, that all identified trees require perpetual preservation and maintenance activities should be clearly identified. c. Pursuant to§ 240-49. Clearing of the Southold Town Code. Clearing limits on Lot 1 and Lot 2 are restricted to 50% of the total lot area. Clearing limits shall be clearly staked and approved by a New York State licensed engineer or surveyor prior to any new clearing or grading of the lots. d. All driveways shall be constructed of pervious materials. e. There shall be no further subdivision of Lot 1 and Lot 2 into perpetuity. Upon acceptance of the Covenant and Restrictions by the Planning Board, a statement that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such covenants and restrictions affect the subdivision and properties within it must be included upon the final plat. In addition, the Liber and Page Number must be recorded on each Final Plat. d) Submission of Letter of Water Availability from Suffolk County Water Authority. e) Submission of Final Plat with Suffolk County Department of Health Services Approval. f) The submittal of a $7,000.00 Park and Playground Fee pursuant to § 240-53. Reservation of parkland on subdivision plats containing residential units. Enclosed please find a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encl. • MAILING ADDRESS: PLANNING BOARD MEMBERS OF &7!/lo P.O. Box 1179 MARTIN H.SIDOR y 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 IyC�Un 11 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant February 1, 2010 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Standard Subdivision of Joseph and Heidi Battaglia SCTM#: 1000-64-3-2 Location: This site is located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This is a standard subdivision to subdivide 101,002 sq. ft. into two lots where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 Zoning District. This subdivision will create one new lot. Lot one is improved and landscaped. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. SEQRalegative Declaration — Battaglia — me Two The determination was based upon the following: 1. It is estimated that the proposed one residential lot will use approximately 300 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on- site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: SINGLE FAMILY DWELLING'300 and x 2 dwellings = 600 pad The total parcel area is 2.319 acres and each proposed lot is greater than 1 acre in size. Therefore, the proposed application will conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. The site is served by public water. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 2. The parcel contains a marine wetland on the southern boundary (adjacent to Town Creek). A 30' wide non-disturbed/non-fertilized buffer will be established to mitigate development impacts. During construction of buildings, a silt fence will also be required. No significant adverse impacts will occur to the natural features as a result of this action. The parcel is improved, landscaped and sparsely wooded with large oak (Quercus spp.) trees and is subject to clearing limits to preserve the existing vegetation. Significant trees (>18" DBH) will be preserved within the clearing limits and where possible (outside of the building footprint). Therefore, no significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The locations of the proposed lots are such as to avoid the wetlands and wooded portions of the property. 3. The proposed action is located within the Residential 40 (R-40) Zoning District and is not in material conflict with a community's current plans or goals as officially approved or adopted. To the contrary, this proposal meets the Town's goal of preserving sensitive coastal and wetland areas as a result of mandatory avoidance and perpetual preservation of these areas within the subdivision design. 2 SEQAegative Declaration — Battaolia 4. No known occurrence of archaeological resources have been identified. 5. No known occurrence of archaeological resources have been identified. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 6. No major change in the use of either the quantity or type of energy will occur. 7. No creation of a hazard to human health will occur. 8. The proposed action will not cause a substantial change in the use, or intensity of use of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 9. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Principal Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Suffolk County Planning Commission Suffolk County Department of Health Services 3 MAILING ADDRESS: PLANNING BOARD MEMBERS0� OF so�ro� P.O. Box 1179 MARTIN H.SIDOR y Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • O 54375 State Route 25 JOSEPH L. TOWNSEND 0 (cor. Main Rd. &Youngs Ave.) DONALD J.WILCENSKI li�'COU,M'� Southold, NY n 11 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 1, 2010 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: John Corral Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed application to the Suffolk County Planning Commission: Map of: Standard Subdivision for Joseph and Heidi Battaglia Hamlet/Locality: Southold S.C.D.P.W. Topo No.: Zoning: R-40 S.C. Tax Map No.: 1000 - 64 - 3 - 3 Stand. Sub._X_Conserv. Sub. Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Subdivision Plat (1)_X_ Road Profiles (1) Drainage Plan (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: Abuts Town Creek—overall part of Peconic Bay Estuary SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( X) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( X ) No, N/A. 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( )No Comments: John, Thank you for your prompt attention to this matter. If there are no issues I will be on the look-out for your faxed transmission Monday February 8, 2010. Mailed copy of this referral to follow. We request acknowledgement of receipt of this referral ( ) Yes ( X No Referral received 2008 by the Suffolk County Planning Commission and assigned File No. Sincerely, Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, February 1, 2010 4:00 p.m. 4:00 p.m. Applications Protect name Joint Industry Bd. Santorini) SCTM# 000-83_2-17.3 _... _ --- Location: 3800 Duck Pond Road, Cutchogue Description. This site plan is for the proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an existing motel, restaurant, pool and pool house on a conforming 12.3 acre site partially located inthe Resort Residentia_I_and Agricultural Conservation Zoning Districts. Status I Site Plan Review I Action I Consider Final Approval and review draft resolution. - --- ---------------- -- Attachments_ 1Draft Resolution _ - _-- --_- - - -- - - ----- - -- - Protect name I Valero Service_Station -� SCTM#: I 1000-102-5-26 Location on the n/w corner of Main Road and Depot Lane, Cutchogue _ Description: This site plan is for the conversion of an existing automotive repair shop and gasoline service station to a convenience store and gasoline service station on an 18,473 sq. ft.-lot in the Hamlet Business Zoning District. -- Status T New Site Plan - -- - - ------_ ---------------- Action: -..--Action Setpublic hearing Feb. 8, 2010 for Mar. 8, 2010. Attachments [ Draft Resolution Project name SCTM#. i 85. -3-11.4 &-ii-.3 Raphael Vineyards 2009 ._......... -. __ -_ - --_. ...-- 1----------.-- ... ----- .. .._-.., Location 39390 Main Road Pecomc CDescription. This amended site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Conservation Zoning District. _ ..---------------------- _ -- ---- Status New Site Plan . ..-. -.- --------------------- --- ------- _.-. ........... --- - Actionf Set public hearing Feb 8 2010 for Mar. 8 2010 - - - - - -- -- - - - - -- Attachments: i Draft Resolution - - - Project name F Matt-A Mar Marina TSCTM#T1000 114 3 1 __ Location I Wickham Avenue Mattituck -- - ..- --- - --- - ----. . ------ - _.. _Description expansion of boat storage and offices Status: I Thapproved site plan was extended to February 9, 2010. F Action: Review draft resolution. Attachments Draft Resolution F-Protect name i Battaglia, Joseph & Heidi TSCTM#: _1000-64-3-3 -- -- - -� ; Location: on the west side of Hobart Road, approximately 1,059 feet north from Terry I 1 Lane, Southold Description: This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot -- One is 41,280 sq ft and Lot Two is 54,074 sq. ft. in the R-40 Zoning Distnct Status Conditional Sketch -- -- - --- -- -- j Action Review proposed house map/draft preliminary resolution Attachments Proposed House Map/Draft Resolution MO LETTER PATRICIA C. MOORE, APORNEY AT LAW i > 51020 Main Road Southold,NY 11971 �r (631)765-4330 email:pcmoorel®optonline.net oATE 2 Fr To 6U6 �N , aolc� ,4gQ zl:2� /2 1. -- _ __..�:::.� SIGNED " Please reply U No reply.necesselq MAILING ADDRESS: PLANNING BOARD MEMBERS *of SOUTSouthold x 1179 11971 MARTIN H.SIDOR Chair * OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L EDWARDS 54575 State Route 25 DONALD J. WILCENSKI (cor.Main Rd.&Youngs Ave.) JOSEPH L.TOWNSEND ' �( ( Southold,NY Telephone: 631765-1938 Fax: 681765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 2010 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Close Preliminary Hearing: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, January 11, 2010: BE IT RESOLVED, that the Southold Town Planning Board hereby closes the preliminary public hearing for the proposed Standard Subdivision of Joseph & Heidi Battaglia. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman JdEM0 LETTER PATRICIA C. MOORE,*ORNEY AT LAW Q p, 51020 Main Road kms_ Southold,NV 11971 (831)785-4330 email:pcmoorel Ooptonline.net DATE TO � � {1 SUBJECT- SIGNED.,.' UBJECT- ^ SIGNED ,. Cj Please reply No reply necessary 4. Restricted Delivery? 1 3.Service Type PATRICIA C. MOOREESQ• 51020 MAIN ROAD (Extra Fee) ❑Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110-QUQU•6043 A.Si lure: gent) 11111 IN II III IIIIIIII1111II III III B. Recea By: (Please Print C/o 7192 6463 3110 0000 6043 min � 1 C. Date f elivery 1. Article Addressed To: D.Addressee'sAmye�y tl31 e.aersaal WM• & ROBYN PENNY lea 2200 HOBART ROAD SOUTHOLD NY 11971 acantlary Rtltlresa I Suite I Apt./Floor(w..ae Peet Cie..ry) � ....._..._ .......................................................... Delivery Netlress CI\y State ZIP�1 Cale l i4. Restricted Delivery? &Service Type I PAA TRICIA C• MOORE ESQ• CERTIFIED 51020 MAIN ROAD (Extra Fee) Yes SOUTHOLD NY 11971 2, Article Number 7192 6463 3110 0000 5954 A. S. aturye.�/�(oAtl� esseeor nt) 111111111111111111111111110111111111111111 B. Receiveq By: ( ease Print Clearly) 7192 6463 3110 0000 5954 C. Date of Delivery✓ 1. Article Addressed To: D. dreseee'sAddress(nomaentF,.mntlenaeueeenrseaaetl ANDREW S EMO N S 1580 HOBART ROAD sate SOUTHOLD NY 11971 �Eary Ftltlresz/eWte I Ppt./Floor(Gleaae�PrlM�Clndy) '. Delivery Address I City State ZIP a 4 Cotle 1 -AJE PATRICIA C. MOORE, APORNEY AT LAW MO LETTER 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel Goptonline.net ,1 TO SUBJECT c2. 6,;�' c r 1 { � � I SIGNED Please reply ,� No reply necessary PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF JOSEPH & HEIDI BATTAGLIA SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-64-3-3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JOSEPH BATTAGLIA residing at 28 Wilton Road, Cold Spring Harbor NY 11724, being duly sworn, depose and say that: On thec day d6A312°L , I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10y feet of the front property line facing the street(s) where it can easily be seen; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be MONDAY, JANUARY 11, 2010. �.1xl, JOSEPH BATTA LIA Sworn to before me this day of :I otary P SMYA.PERKINS Nary Public,9mte d New Vd* N0.01PE 6130639 OLANW4d In Espba9°aiXjr L3 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT JOSEPH & HEIDI BATTAGLIA OF (Name of Applicant) MAILINGS CTM Parcel #1000-64-3-3 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the'),j day of December, 2009, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature BETSY PERKA Sworn to before me this g//f day of January, 2010. ( otary Public) MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified In Suffolk Cou Commission Expires June 3, / PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. JOSEPH & HEIDI BATTAGLIA — -- -- TM: 1000-64-3-3 ----- - °: °: o n m x p ai m —i ru = O H ANDREW SEMONS n o d > n 1580 HOBART ROAD a Z S mm SOUTHOLD NY 11971 v t Ao = SCTM; 1000-64-3-2.2 = T N - " A WM. & ROBYN PENNY 2200 HOBART ROAD SOUTHOLD NY 11971 z SCTM: 1000-64-3-4 � m Z ti r 'n rU � JOHN & MARY PIETRODANGELO ze' Al u K < PO BOX 516 r 9 W N SOUTHOLD NY 11971 w t E o SCTM: 1000-64-2-13 r oA w < d C3 < a w z C3 r c o .� t f✓ LINDA A. FISCHETTI o m PO BOX 616 Ln o A SOUTHOLD NY 11971 ° I SCTM: 1000-63-2-14 v ANTHONY& JEAN PEMPER 722 GREENWOOD AVE. I PATRICIA C. MOORE ESQ• 4. Restricted Delivery? a.service Type BROOKLYN NY 11218 I 51020 MAIN ROAD (extra Fee) ❑Yes CERTIFIED SCTM: 1000-64-4-1 I SOUTHOLD NY 11971 ]. Article Number I 7192 6463 3110 0000 5978 ANTHONY&JEAN PEMPER I i90 ure. ❑Addr sse 0IIIII� III II IIII II (I 722 GREENWOOD AVE. BROOKLYN NY 11218 Receiv P se Print Clearly) SCTM: 1000-64-4-2 7192 6463 0 5 I C. Date of Deli I 7. Article Addressed To: ^, I I D,Addressee's Address/n°m.,.nrr,omnaei...us.eeys.�p LINDA A. FISCHETTI PO BOX 616 s:E:oe:Fy'ndeT::�"is:ii:"i"npi:"7 ci:oi"jdi::'.i:'6ndi"ci::dyj SOUTHOLD NY 11971 .__.......__...__.........._.._...................................... Cade"......"..... 1 •---------- - - ----- - RECEIPT RECEIPT 7192 6463 3110 00D)5961 7192 6463 3110 0000 5954 FRECEIPT FROM: FROM: 7192 6463 3110 D000 6043 PATRICIA C.MOORE ESQ. PATRICIA C.MOORE ESQ. RE:babaglia on hearing RE'.belleglia pb hearing FROM: PATRICIA C.MOORE ESQ. RE'.badeglia pb hearing SEND TO: SEND TO: JOHN 8 MARY PIETRODANGEL ANDREW SEMONS PO BOX 516 1580 HOBART ROAD SEND TO: SOUTHOLD NY 11971 SOUTHOLD NY 11971 WT4.3 ROBYN PENNY 2200 HOBART ROAD SOUTHOLD NY 11971 FEES: FEES: .44 Postage 0.44 Postage 0 CeNfsM Return Fee 2.80 FEES: Canted Fee 2.30 RReceipt 2.30 RMum Receipt 2.30 Postage 28800 ResMcted Resbidaa Canton!Fee TOTAL $5.54 Relum Receipt 239 TOTAL $5.54 Rastnctea POSTMARK OR DATE POSTMARK OR DATE TOTAL $5.54 i POSTMARK OR DATE .7 12-- 31 — 0 '7 � 2�Jt _c7f RECEIPT RECEIPT RECEIPT 7192 6463 31100000 5878 7192 6463 3110 0000 5992 7192 6963 3110 0000 5985 FROM: FROM: FROM: PATRICIA C.MOORE ESQ. PATRICIA C.MOORE ESO PATRICIA C.MOORE ESQ. RE:battmgNa pb hearingRE:battaglia pb hearing RE:Battaglia pb hearing SEND TO: SEND TO: SEND TO: LINDA A FISCHETTI ANTHONY 8 JEAN PEMPER 722 GREENWOOD AVE. ANTHONY 8 JEAN PEMPER PO BOX 818 722 GREENWOOD AVE. SOUTHOLD NY 11971 BROOKLYN NV 11218 BROOKLYN NY 11218 FEES: FEES: FEES: Postage 0.44 Postage 044 Postage 0A4 Certified Fae 280 Certified Fee 2.80 Candied Fee 2.80 R ReoW 2.30 Relum Receipt 2.30 Retum Receipt 2,30 Restricted Restricted TOTAL $5.54 TOTAL $5.54 TOTAL $5.54 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE IU 3t �5 IZ - 51 _vs 1Z- 3 � - vT PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631)765-4643 December 31 , 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JOSEPH & HEIDI BATTAGLIA PROPERTY: WISIO Hobart Road, approx. 1, 059 feet north from Terry Lane SCTM: 1000-64-3-3 Dear Neighbor: I represent the above with regard to his subdivision application. The Southold Town Planning Board has scheduled a preliminary public hearing on the preliminary plat . Enclosed is a copy of a portion of the subdivision map. The full subdivision map is available at the Planning Board office between 8 : 00 and 4 : 00 p .m. The hearing on this matter has been scheduled for Monday, January 11, 2010 at 6 : 05 p .m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Very truly yours, Patricia PCMB P encls . C: Mr & Mrs . Joseph Battaglia 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#1000-64-3-3; 3. That the property which is the subject of this application is located in the R-40 Zoning District; 4. That the application is to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. This site is located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold; 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 (2nd 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 e-mail message to: Carol.Kalin(cDtown.southold.ny.us-, The office will be closed 12/24 at 11:30 a.m., 12125, 12131 at 11:30 a.m., 1/1/10 for the holidays. 6. That a preliminary public hearing will be held on the matter by the Planning Board on Monday, January 11, 2010 at 6:05 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: Joseph & Heidi Battaglia Date: 12/15/2009 �1 \ ' fJ \ rn, '1 O F d t\I `\ dIo RIS ��� 1 s. o: p1A p�Ic" ti o I \ \I .CA� I tE�Ef qo, 1✓of o�"w 1 I I 0< \ f ,As 1 I � `\ LOT 7 i �i $�° i ..a2 \ 43,213 sql, ft. TOTALq, I / o" 1 '` •I'M �� \ "s 1,940 sUPLAND(AREA / 1,940 sq., ff. IWETLANDIA REA I / \ IaRaaosE u¢aRiNc AREA _ 20,636 sv. rc. (sWx OF uaur♦o naen) 7L� JIA� . 10.6 MOLE "o a 13 12 >, \\ \.\ 9 \� \ LOT 2 lz.z 57,809 sq. ft. TOTAL— —`— -- sc.\ '�sk'• — �� \< \ I I 53,208 sq. ff. UPLAND AREA �o� h' yIi• �2 \ 4,601 sq. ft. WETLAND AREA /o "I \ O \ \ (aRga�y\o aEnaiNc nRFn - zs,5oa sq. n. (sy�o�tLv�o EA) o f - - Z \p\ Op o"•�y� .aJ\ \ \ \ ---� .12.9\\ / ,; / ,,i.\ Ate. \,� \ • /��o�h // / Nom_- \\ /' //'— „s.z 9 / 2 Jr\ 41 EEO�tS �� e° y N 74-j 5 q 35'22 S� WORK SESSION AGENDA THOLD TOWN PLANNING BOAR Monday, January 4, 2010 4:00 p.m. 4:00 p.m. Applications -- ---- -]-T- ---- _- -- -- - - — ....- r Project nameMobile NortheastX SC _._ TM#:I 1000-102-1-17.1_ _ Location: { The Presbyterian Church or Society of Cutchogue, 27245 Main Road, n/e corner of Main Road and Highland Road. - -- --------- --------- Description: This application is for a Special Exception & Site Plan approval for a new wireless communication facility where the antennas are to be mounted within an existing church steeple, and the base station equipment is to be located outside the building in a screened enclosure. As part of the application, the applicant proposes to remove and replace a portion of an existing church steeple to match the existing church building on a 0 91 acre site located in the R-40 Zoning District. Status New Site Plan --- -- --- _.- _ -- - Action Lead Agency Coordination Attachments Draft Resolution for Project name: name_ RMB Realty, LLC_(Medical Arts Building LCTM#: 1000-63-1-15 Location: Located at the intersection on the s/s/o County Road 48 and the a/s/o Horton Lane, known as 43960 County Road 48, in Southold. Description: This site plan is for two new one-story buildings of 7,000 sq. ft. each with 10 separate offices for a total of 14,000 sq. ft. on a 2.437 acre parcel in the LB Zoning District. — — Status Approved Site Plan Action E Consider an extension of approval Attachments Draft Resolution for an Extension ProTect name . 1 Chase Bank - Mattituck _ �—SCTM#:_T 1000-143-3-33.2 Location: 10300 NYS Route 25, 133' +/- east of Marlene Lane & NYS Route 25, Mattituck -- - ------------..------ - - -- ------ - - - --- Description: This proposal is to subdivide a 2.818 acre parcel into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning District and Lot 2 equals 63,480.41 sq_ft_in the R-40 Zoning District. - - - --- -. Status: Preliminary Plat Action Review resolution for Preliminary Plat approval Attachments Draft Resolution for Preliminary Plat Approval -- -- - L. - --- - - -._. _ ....- . Project name Forestbrook at Bayview SCTM# 1000-79-2-7 Conservation Subdivision Location: Located n/o North Bayview Road, 180 feet w/o Jacobs Lane, in Southold.; ------------. -- - --- — --- Description This 37.75 acre property has been subdivided into 7 lots. — — Status: Final Approval Action Reduce bond to reflect fire well cost only Attachments: Draft Resolution to Reduce Bond Discussion: 1. Planning review. Accessory Apartment Local Law. #9597 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 24th day of December, 2009. Principal Clerk Sworn to before me this day of kk' 2009. LEGAL NOTICE U /�l Noticeot-Public Hearing VOUNSK! '-. NOTICE IS HEREBY GIVEN that, tNEWOr ursuant to Section:276 of the Town Y0f2K �, uw and Article XXV of the Code of the I t;1 V 1�7:U5u 'Townof Southold,a public hearing will nlli County; be h#eidby;the Southold Town Planning i '.-Boakd,at the 'town Hall, Main Road, Southold,New York on the 11th day of January 2010 on the question of the fol- lowing: 'a6:00 p.m. Proposed Special Excep- tion&Site Plan of T-Mobile Northeast, LLC located at the Cutchogue Presby- terian Church,27245 Main Road,on the file corner of Main Road and Highland =Road'-Cutehogue,-Town of-.Southold, CoGuty of Suffolk,State of New York. ,Suffolk.County Tax Map Number 1000- 109-247.1 6;05 p.m.Proposed Standard Subdivi- _466 ofdoseph&Heidi Battaglia located a't.720 Hobart Road,on the w/s/o He- `bait Road,approximately 1,059 feet reo Terry lane,Southold,Town of Southold, County of Suffolk,State_of New York. <;SuffolkCounty Tax Map Number 1000- :'64r3-3: Dated,12/15/09 -"P13Y 6RDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H.Sidor Chairman -9597-1T 12124 i • MAILING ADDRESS: 4PLANNING BOARD MEMBERS ��Ofsoyo P.O. Box 1179 MARTIN H.SIDOR �Q Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex KENNETH L.EDWARD5 �O 54375 State Route 25 GEORGE L. SOLOMON :Ol (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'YV^QUI �v Southold, NY Telephone: 631765-1938 Fax: 631765-3136 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 11th day of January, 2010 on the question of the following: 6:00 p.m. Proposed Special Exception & Site Plan of T-Mobile Northeast, LLC located at the Cutchogue Presbyterian Church, 27245 Main Road, on the n/e corner of Main Road and Highland Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-2-17.1 6:05 p.m. Proposed Standard Subdivision of Joseph & Heidi Battaglia located at 1720 Hobart Road, on the w/s/o Hobart Road, approximately 1,059 feet n/o Terry Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-64-3-3 Dated: 12/15/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, DECEMBER 24, 2009 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • • Page 1 of 1 Kalin, Carol From: Legals [legals@timesreview.com] Sent: Tuesday, December 15, 2009 11:56 AM To: Kalin, Carol Subject: RE: Legal Ad for 12/12 edition Hi Carol, We are good to go for the 12/24 issue. Thanks and have a great afternoon! Candice From: Kalin, Carol [mailto:Carol.Kalin@town.southold.ny.us] Sent: Tuesday, December 15, 2009 11:40 AM To: Legals Subject: Legal Ad for 12/12 edition Please print the attached legal ad in the 12/24/09 edition of the Suffolk Times for the Southold Town Planning Board's public hearings on Jan. 11, 2010 for: T-Mobile NE at the Cutchogue Presbyterian Church and Joseph & Heidi Battaglia. Kindly send an e-mail confirming receipt. Enjoy your time off! 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 12/15/2009 MAILING ADDRESS: PLANNING BOARD MEMBERS ��Ofsouryo Southold,P.O. Box 11971 MARTIN H.SIDOR hQ Chair * OFFICE LOCATION: WILLIAM J.CREMERS H is Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMON JOSEPH L.TOWN END I�fttl I' A (cor. Main Southold,&Youngs Ave.) 111' Telephone: 631 765-1838 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 11th day of January, 2010 on the question of the following: 6:00 p.m. Proposed Special Exception & Site Plan of T-Mobile Northeast, LLC located at the Cutchogue Presbyterian Church, 27245 Main Road, on the n/e corner of Main Road and Highland Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-2-17.1 6:05 p.m. Proposed Standard Subdivision of Joseph & Heidi Battaglia located at 1720 Hobart Road, on the w/s/o Hobart Road, approximately 1,059 feet n/o Terry Lane, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-64-3-3 Dated: 12/15/09 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 15th day of December, 2009 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road Southold New York 1/11/10 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Special Exception and Site Plan for T- Mobile Northeast, LLC at the Cutchogue Presbyterian Church, SCTM#1000-109-2-17.1 6:05 p.m. Public Hearing for the proposed Standard Subdivision of Joseph & Heidi Battaglia, SCTM#1000-64-3-3 � a., OQ 7 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this l�j'jday of ' �pCqM 2009. Nota blic MELANIE OOROSKI NOTARY PUBLIC,State of New York No, 01D04634870 Qualified in Suffolk County t) Commission Expires September 30� t ' • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF so P.O.P.O. Box 1179 MARTIN H.SIDOR �Q l0 Southold, NY 11971 Chair 411 OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDSGEORGE D.SOLOMON G AQ�Q 54375 State Route 25 JOSEPH L.TOWN END �YCOU ��(.` (cor.Main Rd.Southold, Ave.) Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 14, 2009: RESOLVED, that the Southold Town Planning Board set Monday, January 11, 2010 at 6:05 p.m. for a public hearing on the preliminary plat prepared by Nathan Taft Corwin III, L.S., dated May 28, 2008, and last revised April 18, 2009. 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 Postina alone with the certified mailina receipts AND the sianed green return receipt cards before 12.00 noon on Friday, January 8th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. r 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#1000-64-3-3; 3. That the property which is the subject of this application is located in the R-40 Zoning District; 4. That the application is to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. This site is located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold; 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 (2nd 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 e-mail message to: Carol.Kalin(a)town.southold.ny.us; The office will be closed 12/24 at 11:30 a.m., 12/25, 12/31 at 11:30 a.m., 1/1/10 for the holidays. 6. That a preliminary public hearing will be held on the matter by the Planning Board on Monday January 11. 2010 at 6:05 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: Joseph & Heidi Battaglia Date: 12/15/2009 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 1/8/10 Re: Proposed Standard Subdivision for Joseph & Heidi Battaalia SCTM#s: 1000-64-3-3 Date of Preliminary Hearing: Monday, January 11, 2010. 6:05 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated,proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 JOSEPH & HEIDI BATTAGLIA BATTAGLIA STANDARD SUBDIVISON • 1000 =64=3 =3 Proposal to subdivide a 95,846 sq. ft. into two lots where Lot One is 41 ,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. JVIONDAY - JAN . 11 , 2010 - 6 : 05 P . 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Box 1179 MARTIN H.SIDOR �Q l� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS en :hc Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 GEORGE D.SOLOMON �� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCOU NT'I,Nc� Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 8, 2009 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Standard Subdivision of Heidi and Joseph Battaglia Location: 1720 Hobart Road, Southold, located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold. SCTM#: 1000- 64.-3-3 Dear Ms. Moore: This letter is a follow-up to the Southold Town Planning Board's December 7, 2009 Work Session where the above referenced application was reviewed. The Planning Board has agreed to accept the above referenced application for preliminary review and has scheduled a preliminary public hearing for this application for January 11, 2010. If you have any further questions, please do not hesitate to contact this office. Thank you, 72 �ad Planner WORK SESSION AGENDA • SOUTHOLD TOWN PLANNING BOARD Monday, December 7, 2009 4:00 p.m. 4:00 p.m. Applications Project name: CVS Pharmacy-Mattituck I SCTM#: 1000-143-2-30.2 Location: on the south side of NYS Road 25, on Sigsbee Road and Marlene Lane Description: _ site plan for a retail pharmacy Status: Final Approval —constructed Action: _ Review site plan for truck routing —address complaint from neighbors. Attachments: Staff Report re: research on file; file docs. attached Project 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 Study and LWRP. Attachments: LWRP Review Project name: Battaglia, Jos eh & Heidi SCTM#: 1000-64-3-3 Location: on the west side of Hobart Road, approximately 1,059 feet north from Lane, Southold, 1720 Hobart Road Description: standard subdivision of a 95,846 sq. ft. parcel into two lots where Lot 1 is 41,280 sq. ft. and Lot 2 is 54,074 sq. ft. in the R-40 Zoning District Status:____ Conditional Sketch Approval Action: Accept Preliminary Application, set prelim. public hearing on 12/14/09 for Janus 11, 2010, complete referral process. Attachments: Timeline — Project name_ I Fischer, Daniel SCTM#: 1000-15-8-1.1 Location:_ 38785 NYS Rt. 25, Orient, n/o S.R. 25, w/o Ryder 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: --- — --- Open _ -- ------ -- Action: Accept application for review/consider waiving particular sketch __ _ Srequirements. _ — — ---_—� Attachments: _— Staff Report/Recommendations OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex A P.O.Box 1179 54375 State Route 25 Southold,Southold,NY 11971 p Main Rd.&Youngs Ave. �O Gy Telephone: 631 765-1938 (� 'l Southold,NY 11971 co Fax: 631 765-3136 2 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Martin Sidor, Chair Members of the Planning Board From: Principal Planner r` Mark Terry, LWRP Coordinator Date: December 4, 2009 Re: Chapter 268,WATERFRONT CONSISTENCY REVIEW JOSEPH & HEIDI BATTAGLIA SCTM#1000-64-3-3 This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. In January of 2009 the Board of Trustees issued a permit (TR-7028) for a separate action(building demolishing) that includes a 30' non-disturbance buffer landward from the high tide mark on the property and other best management practices that further the LWRP policies. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. SCOTT A. RUSSELL ' ` JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NF,W YORK 11971 Fax (631)-765-9015 Tel.(631)-765-1560 JAM IE.RICHTERr@i TOWN.SOUTROLD.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: Battaglia, Joseph & Heidi —Standard Subdivision Hobart Avenue, Southold, NY SCTM #: 1000-63-03-03 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 Nathanial Taft Corwin, Land Surveyor and has been dated April 18, 2009. Please consider the following: 1. This site has recently been cleared of all existing structures with the exception of the Dock. This existing wood dock structure should be reviewed by the Town Trustees for there input & comment. 2. The Building Envelope setback from Town Creek has been indicated as 75'. This proposed setback will require the review and approval of the Town Trustees who have jurisdiction within 100'. 3. The South Easterly Corner of Lot#2 is a low point in the road shoulder that receives Storm-Water Runoff from Hobart Avenue. I have reviewed this situation with the Highway Superintendent and we are recommending that a 50' wide Drainage Easement Area be created along the Southerly Property Line of lot#2. This area would be dedicated to the Town of Southold and utilized by the Highway Department for the future installation of Drainage BMP's that would reduce the quantity of storm- water runoff entering the creek. 4. The current Hay Bales & Silt Fencing must be maintained until such time that both lots have received a ground cover that will prevent erosion at the site and silting of the Creek. All new residential construction must submit a Storm Water Pollution Prevention Plan (SWPPP) to indicate compliance with the requirements of Town Code Section 236 for Storm-water Management. If you have any questions regarding this review, please contact my office. Ince ly, 0J mes A. RiPhterR cc: Peter Harris (Superintendent of Highways) { r _ s . s�, t1` _ .'• �,M �:.Syr,, a i E .1 k p m t -"R � C �F SCTM #: 1000-64-03-03 Scale 1" =60' 6 6 MAILING ADDRESS: PLANNING BOARD MEMBERS �OF so P.O. Box 1179 MARTIN H.SIDOR ��� Ol0 Southold, NY 11971 Chair y y OFFICE LOCATION: WILLIAM J.CREMERS y .1kc Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 GEORGE D.SOLOMON Q a� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COU MY Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: November 4,2009 Re: Joseph and Heidi Battaglia Standard Subdivision Application Name: Joseph and Heidi Battaglia Standard Subdivision Tax Map Number: 1000- 64-3-3 Location: Type of Application: Sketch Subdivision Map (Dated: ) _X Preliminary Subdivision Map (Dated: 10/19/09) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: 1 Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: 1 Other (AS BUILT) (Dated: ) Project Description: This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. Additional Comments: Thank you for your cooperation. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,Nexti York 11971 Tel: (63 1) 765-4330 Fax: (631176,_4643 October 16, 2009 Planning Board Town of Southold — -� Main Road PO Box 1179 Southold NY 11971 RE: BATTAGLIA SCTM: 1000-64-3-3 Dear Chairman Sidor: Enclosed please find Application for Preliminary Plat Approval together with my clients check for the application fee. Thank you and please do not hesitate to call should you have any questions. Veryfruly yours, Patricia C. i PCM/bp 1�1 encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries August 26, 2009 Mr. Martin Sidor, Chairman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 By Hand Re: Joe Battaglia SCTM#1000-64-3-3 Dear Mr. Sidor: Enclosed are seven survey prints of the subdivision with the revisions requested. I have highlighted one map for your convenience. The house and barn were demolished therefore the parcels are shown on the subdivision map as vacant parcels. Please note that there is no road, therefore there are no road specifications required. However, each lot will contain a driveway onto the Town Road, Hobart Avenue,therefore we have provided details of the proposed driveway apron for the Town Engineer to review. Vey truLv yours, r ` Patricia C. Moore „1 ^ 77 '^ � MAILING ADDRESS: PLANNING BOARD MEMBERS �pf SO(/jP.O. Box 1179 MARTIN H.SIDOR Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA - Town Hall Annex KENNETH L.EDWARDS �0 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND !'`(,�Q Southold, NY Telephone: 631765-1938 Fax: 631765-3136 July 14, 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Conditional Sketch Approval: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, July 13, 2009, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on January 21, 2009, the Board of Trustees approved a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, on April 27, 2009 the Southold Town Planning Board resolved to waive the prohibition on disturbance of existing conditions to allow for the demolition of an existing barn, and again on June 9, 2009 to allow for the demolition of an existing house and construction of a new house; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III L.S., subject to the following conditions: I. Submission of a Preliminary Plat Plan application package to include Preliminary Maps that contain the following revisions: a. Show the amount of clearin or each of the lots pursuant to Section 240-46(C) of the Town Code. Battaglia Page Two July 14. 2009 b. Show building envelope with setbacks from property lines. Designate front, side, or rear yard and have dimensions reflect the setback designated by the applicant. 2. Six Draft Preliminary Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. �a Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as p�The size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. 3. Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: a. Fire wells o ire hydrants. b. Topographica con ours at an interva will accurately depict the slope and contour of the sit 5c. .)Drainage calculations and design indicating all drainage structures and locations. fik"All existing and proposed easements indicating width, area and purpose. 4. The following conditions of the Board of Trustees Permit need to be stated on the plan. 'i; Haybales with silt fencing along 10-foot contour line. how 30-foot non-disturbance high-water mark. c.` Identify significant trees onsite and identify which are to be trimmed, removed or to remain. t �rt of subdivision, the applicant shall maintain run-off on site by installing gutters, leaders and or drywells. hO� c If you have any questions regarding the above, please contact this office. Very truly yours, 11A0 q.�h I&11�1 Martin H. Sidor Chairman cc: Building Department By signing this letter, the applicant acknowledges that there are conditions that must be satisfied. Patricia C. Moore, Esq. Agent for: Applicant Planning Board Work Session Ienda Page Three • July 6, 2009 ............. _----- ......... Project name Morrel Standard Sum. SCTM#: 11000 68. 1 15 1 ---------- - - Location: The parcel is located n/o Sound View Avenue, 1700 feet e/o Diamond Lane in Peconic _ ------ -- ------------ Description: This proposal is to subdivide a 12.03 acre parcel into 2 parcels where Lot 1 totals 80,285 sq. ft and Lot 2 totals 127,686 sq. feet with an j existing single family residence and associated accessory structures in the R-80 zoning district. The remaining acreage will remain as open a _ ;-space. Status: i Open Action Grant Sketch Approval ; Attachments Draft Resolution - - - Project name: I Battaglia Standard Subdiv. SCTM#� 1000-64_3-3 Location 1720 Hobart Road, Southold - _ _ ---- - - ----- - - ... __� Description. This is a standard subdivision to subdivide 95,846 sq. ft. into two-lots I where Lot One is 41,280 sq ft. and Lot Two is 54,074 sq ft in the R-40 Zoning Distract Status. Conditional Sketch approval - __....... ----------- -- -- Action: I Review draft resolution Attachments Draftresolution Discussion: _ _., Project name: Oregon Landing I SCTM# T 1000-83-2-9.1 Location: 1n/o Oregon Road 625 feet w/o Brad9 a Lane in Cutcho ue Description: Conservation subdivision of a 25.79 acre parcel into 5 lots (17 acres preserved farmland) - .- - _ -..-. ----- , Status: Final Approval --. - _ Action: I Dicuss Agent's request to modify road material specifications -- ---_ _-_ - Attachments: None -._ -- - Pro/ect name. ' Oregon Landing 11 SCTM#: 1 1000-95-1 5 Location:— ocation on the n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, in Cutchogue _ -- ----_ --- -- i Description: Conservation subdivision of a 32.73-acre parcel into 5 lots (23.75 ac. j preserved farmland) Status: Final Approval q �y - _ - Action: Discuss Agent's request to mod' road material specifications. j Attachments. ' None - - - ..............-. . - -- • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF so P.O. Box 1179 MARTIN H.SIDOR ��� Old Southold, NY 11971 Chair 41 .IL OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS Gc� ,� 54375 State Route 25 GEORGE D.SOLOMON �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 'fC'QU Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE June 9, 2009 TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Sketch plan review for Standard Subdivision for Battaglia SCTM# 1000-64.-3-3 Dear Ms. Moore; I'm writing as a follow up to the work session held on June 8, 2009. The Planning Department completed its review of the sketch plan submission and the Planning Board has requested the following items to be submitted as part of conditional sketch approval. Please revise in accordance with the following comments and re-submit directly to the Planning Department: 1. Submit a Preliminary Plat plan application package to include Preliminary fnpps that contain the following revisions: a. Show the amount of clearing for each of the lots pursuant to Section 240-46(C) of the Town Code. b. Show building envelope with setbacks from property lines. Designate front, side, or rear yard and have dimensions reflect the setback designated by the applicant. 2. Six Draft Preliminary Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. a. Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as b. The size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. Standard Subdivision for Battaalia P.2 3. Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: a. Fire wells or fire hydrants. b. Topographical contours at an interval that will accurately depict the slope and contour of the site. c. Drainage calculations and design indicating all drainage structures and locations. d. All existing and proposed easements indicating width, area and purpose. 4. The following.conditions of the Board of Trustees permit need to be stated on the plan. a. Haybales with silt fencing along 10-foot contour line. b. Show 30-foot non-disturbance high-water mark. c. Identify significant trees on site and identify which are to be trimmed, removed or to remain. d. As part of the subdivision, the applicant shall maintain run-off on site by installing gutters, leaders and or drywells_ Staff, the Town Planning Board, Town departments and involved/interested agencies will provide additional comments following full review of your submsiion. If you have any questions, please contact this office. Sincerely, Kristy Winser Sr. Planner Cc: Planning Board Joseph Battaglia, Applicant • • MAILING ADDRESS: PLANNING BOARD MEMBERS *pF SO(/jP.O. Box 1179 MARTIN H. SIDORh0� Southold, NY 11971 Chair Ol0 OFFICE LOCATION: WILLIAM J.CREMERS H Town Hall Annex KENNETH L.EDWARDS ,0 54375 State Route 25 GEORGE D.SOLOMON �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND UNT'1 Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Waiver: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, June 8, 2009, adopted the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on January 21, 2009, the Board of Trustees approved a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, the applicant has submitted a request to the Southold Town Planning Board, dated March 31, 2009, for permission to obtain a permit to demolish his existing house and a building permit to construct one single-family dwelling on Lot 2 of the subdivision prior to Final Approval being granted for this proposed subdivision; and WHEREAS, subsequently, at a Work Session on April 13, 2009, the applicant requested a demolition permit for an existing barn on Lot 2 for the purposes of re-location of the structure off site; and WHEREAS, pursuant to Southold Town Code §240-6(C) General Application Procedure: "No construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application Battaglia Page Two June 9, 2009 has been filed pursuant to this chapter until final approval of the application has been granted, except as expressly provided herein", and WHEREAS, pursuant to Southold Town Code §240-56 Waivers of Certain Provisions: "The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law"; and WHEREAS, the Southold Town Planning Board agreed to waive the restriction on disturbance of existing conditions prior to Final Approval of the subdivision, as outlined in §240-6(C), to allow for the removal of the existing barn from Lot 1 in a resolution dated April 27, 2009; and WHEREAS, the Southold Town Planning Board finds that the following reasons support a decision to waive the restriction on grading and construction in Town Code §250-6(C) for Lot 2 prior to the subdivision receiving Final Approval: 1. The applicant has submitted an application for Sketch Plan Approval for a two lot standard subdivision where the proposed lots are conforming with the zoning district. 2. The Board has agreed that the demolition of an existing residence and a building permit to construct a single-family dwelling on Lot 2 will not affect the outcome of the overall subdivision; and 3. The location of the lots is not likely to change from the initial sketch plan submitted a. There is no clustering requirement in the Town Code for lots less than 7 acres, and b. The Planning Board is not requiring that the lots be clustered on this parcel, and c. The lots have access to the existing road, therefore, no new road will be created. 4. The building envelopes of the proposed lots will be able to meet all required setbacks, including setbacks to wetlands; and 5. The proposed Lot 2 is already improved with a single-family residence - demolition of this house and construction of a new one instead on the same lot will not change the existing conditions of the site in a way that would affect the outcome of the subdivision; therefore, be it RESOLVED, that the Southold Town Planning Board hereby agrees to waive the restriction on disturbance of existing conditions for proposed Lot 2 as shown on the map of the proposed standard subdivision for Battaglia entitled "Standard Subdivision of Joseph & Heidi Battaglia", prepared by Nathan Taft Corwin III, dated May 28, 2008 & last revised April 18, 2009, stamped received by the Planning on May 15, 2009, prior to that map receiving Final Approval by the Planning Board, to allow for the removal of the existing dwelling, and allow the applicant to begin construction of a single-family dwelling on proposed Lot 2 only. This resolution is subject to the following conditions: 1. The applicant must obtain the appropriate demolition and building permit from the Building Department; and 2. By the granting of this resolution, the applicant loses any non-conformities that may exist on site; and 3. The applicant shall identify significant trees on the plan and indicate how they will be protected during demolition and construction on site. Battaglia Page Three June 9, 2009 4. The applicant shall obtain and adhere to all applicable permits and their conditions, including the Board of Trustees and the NYS DEC; and 5. The applicant agrees that any work performed on site does not guarantee Final Approval and cannot be utilized in an argument of vested rights; and 6. The waiver of the restriction on disturbance of existing conditions extends only to the area of proposed Lot 2 that is necessary to accomplish the demolition of the existing house, and construction of a new single-family dwelling. No clearing of vegetation beyond that area necessary for those actions is allowed; and 7. No clearing of trees, shrubs or other vegetation on either lot beyond that necessary , to accomplish the demolition of the existing single-family dwelling is authorized by this resolution. The clearing necessary must not be greater than (but ideally will be less than) the clearing restrictions for lots as set forth in Sec 240-49, meaning no more than 50% of the lot may be cleared of trees, shrubs and other vegetation. Any other buffers or clearing restrictions that may be in the DEC and Town Trustees permits must be met as well; and 8. The newly constructed house must conform with all Town Codes and setbacks, including setbacks to wetlandsXand setbacks to the lot lines of the proposed Lot 2 of the subdivision; and 9. The applicant is not authorized by this resolution to disturb any other existing conditions on the subject parcel prior to Final Approval of the subdivision by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, +o rN,tc� Ixwt �i�t/ -ry� . Sao, Martin H. Sidor Chairman cc: Building Department By signing this letter, the applicant acknowledges that there are conditions that must be satisfied. Applicant Planning Board Work Session *nda Page Two Ah June 8, 2009 Project name: Joseph Battaglia SCTM#: 1000-64-3-3 Location: 1720 Hobart Road, Southold Description: This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. Status: Sketch Plan Review Action: Review sketch plan and consider granting conditional sketch approval. Attachments: Staff Report Project name: Sterling Harbor Inc. at Bayview SCTM#: 1000-88-2-15 Location: The property is located on the n/s/o Main Bayview Road, 300.21' e/o Midland Parkway in the Agricultural Conservation Zoning District (A-C) in Southold. Description: This proposal is to subdivide a 14.1529-acre parcel in th11 e A-C zone into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and 369,901 s.f. of preserved area. Status: Conditional Preliminary Action: Review revised R&M Agreement. Attachments: Revised R&M Agreement 5:30 p.m. Review Public Meeting Agenda i q Planning Board Work Session Agenda Page Two June 1, 2009 Subdivisions Project name: Joseph Battaglia SCTM#: 1000 64-3-3 Location: 1720 Hobart Road, Southold Description: This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R 40 Zoning District. Status: Sketch Plan Review Action: Review sketch plan and review draft resolution for Building Permit. Attachments: Draft Resolution Project name: Ghassemi, Sy & Catherine 2006 SCTM#: 1000-31-1-1 Location: The property is located on the north side of NYS Route 25, approximately, 831 feet west of Rocky Point Road, in East Marion. Description: This proposal is for a conservation subdivision to subdivide 31.0137 acres into four lots where Lot 1 equals 25.7355 acres, from which the Development Rights are proposed to be sold to Suffolk County for the purpose of farmland preservation, Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 acres and Lot 4 equals 1 acre, in the R-80 Zoning District. Status: Conditional Final Action: Conditions have been satisfied — review resolution for Final Approval. Discuss performance bond estimate requirement. Attachments: Draft Final Resolution Project name: Peconic Land Trust - Conserv. SCTM#: 1000-94-3-1.3 2008 Location: 53' west of Elijah's Lane on the north side of Oregon Road, 3305 Oregon Road, Mattituck Description. This proposed conservation subdivision is to subdivide a 12.5056 acre parcel into two lots. Lot 1 equals 2.5056 acres (with existing residence and Development Rights intact). Lot 2 equals 10 acres from which The Town of Southold purchased the Development Rights in March 2007 for the purpose of farmland preservation. Status: Sketch Approval Action: Grant Final Approval Attachments: Draft Final Resolution PATRICIA C. MOORE Attorney at Law - 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 14, 2009 HAND DELIVERED Planning Board Town of Southold U Main Road n PO Box 1179 U Southold NY 11971 WAY 15 = RE: BATTAGLIATcaa SCTM: 1000-64-3-3 r.,q,. �`"d Dear Chairman Sidor: Enclosed please find three (3) prints of the subdivision map per your letter of February 24, 2009. Please note that we have incorporated all your requests onto this map. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Patricia C. Moore PCM/bp encls. C: Mr. & Mrs. Joseph Battaglia MAILING ADDRESS: PLANNING BOARD, MEMBERS "j.; 14.0.P.O. nnx 1179 AP;Ru.YN H.WOODI'91LI•VL: ,�� 0�� tipf `�•.,, Ixoulhnlrl. NY 11971 OI7+LCT LOCATION: KNNNETH L, LUWARDs Town 14111 Annex MAIi'1'IN H. tili)l1L AG Q it 5497.5 St;Ja: Rnuto 25 Lu EX)ROh: 1).SOLOMON �' �p �4.��' Lour, Main Kd. &YoungH Ave.I dO8E,P11 1- TOWNSLND •r, l,�C a ,;;l Southold, NY Tolephono: 631 765-1938 Fax: 631765-3136 February 24, 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLI) Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Verification of Wetland Delineation Line for Standard Subdivision for Battaglia SCTM# 1000-64.-3-3 Dear Ms. Moore; As a follow up to the Work Session held on February 23, 2009, the Planning Board formally accepted the above-referenced site plan for review and the following actions were taken. Please revise in accordance with the following comments and re-submit directly to the Planning Department: 1. Waive.certain site plan application elements. The application is eligible for waiver of site plan elements under § 240-56 and the following elements were recommended for the waiver: a, Separate yield map if the applicant can show on the plan that they meet the yield. Provide the calculation. b. Waive several of the ERSAP requirements: § 240-10 A(6) e,h,I,L,n,q,s 2. Recommend conditional sketch approval and request the following information from the applicant: a. There should be a map title stating"Standard Subdivision of ,v Joseph and Heidi Battaglia, Southold". ' b. Provide the yield calculation on the plan. c. Provide a simplified, streamlined ERSAP map with the following 11 applicable items shown: 240-10 A(6) d (flood area),f(vegetative types), g(soil series),j (location of surrounding buildings; utilities),k(archeological significance), o (location of water, p (critical environmental area, q. (significant natural areas) shown on the subdivision plan. TO 3Jt7d CI�Jd11dH T5LLL9£T£9 TV:0z 600L/0£/b0 Standard Subdivision for Battaelia a•2 d. Provide building envelopes based on required setbacks and dimensions on plan for each lot. 3. Application will be referred to involved agencies under the general site plan Regulations pursuant to Section 240-12 of the Town Code. 4. Recommend doing an uncoordinated review of this unlisted action and begin the SBQRA process. Additional comments will be provided following full review by Staff, the Town Planning Board,Town departments and involved/interested agencies. If you have any questions, please contact this office. Sincerely, Kristy Winser Sr. Planner Cc: Planning Board Joseph Battaglia, Applicant Z0 39tld tllltlfl T5ZZL9ETE9 T4:0Z 6002/0E00 Planning Board Work Session *nda Page Three May 4, 2009 Project name: Southview Preserve SCTM#: 1000-78-05-21.4,21.7,21.8,21.9,21.10&21.11 Location: The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive, in Southold. Description: Subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f. totaling 2.87 acres with the remaining 11.53 acres of the property to be preserved as open space. Status: Expired Preliminary Plat Approval Action: Re-grant Preliminary Approval of new Preliminary Plat application Attachments: Resolution for May 11 public meeting Project name: Battaglia, Joseph & Heidi SCTM#: ', 1000-143-3-33.2 Location: This site is located on the west side of Hobart Avenue, approximately 1,059 feet north from Terry Lane, Southold. Description: This is a standard subdivision to subdivide 95,846 s.f. into two lots where Lot 1 is 41,280 s.f. and Lot 2 is 54,566 s.f. in the R-40 Zoning District. Status: Sketch Plan review Action: Review letter from applicant requesting a demolition and building permit on a site where the Planning Board is currently reviewing an active subdivision. Discuss site visit with Board Members on 4/30/09. Attachments: E-mail from Town Attorney. _ gu 14, �0rt-r PATRICIA C. MOORE � � Attorney at Law 51020 Main Road Southold, N.Y. 1 1952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secret; ries q April 30, 2009 Mr. Martin Sidor, Chairman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 By Hand Re: Joe Battaglia SCTM#1000-64-3-3 Dear Mr. Sidor: We thank you for the site inspection made on this date. Enclosed are three survey prints of the subdivision with the revised wetland line. The lots remain over one acre in size. At the site inspection the Board members present and staff saw that the property is fully developed with an existing house and a large barn. You have authorized the demolition of the barn however,the demolition of the house and construction of my client's home is most important to my client and the delay is a personal hardship. The building inspector asks that we obtain letter permission from the Planning Board authorizing issuance of a demolition and building permit because of the one lot pending subdivision application filed with your board. In support of our request to obtain authorization to demolish the existing dwelling and construct the new dwelling please not the following: 1. The property is already fully developed with two structures (House and Barn), driveway and sanitary system. My client is ready to build his personal residence on the property. 2. The owner has DEC letter of no jurisdiction to demolish and construct the house. We obtained a permit to demolish the Barn.(DEC permits attached) 3.The owner has Trustees approval(permit)to demolish and construct the house,we have a 30'non- disturbance buffer along the landward side of the high tide line and we obtained the Trustees permit for removal of dead trees and trimming within their jurisdiction. Attached is a copy of their permit. 4. In accordance with our discussions at the site inspection, the large caliper trees (@30') on the seaward side of the house are being preserved and will be protected during excavation and construction activities. Your resolution can state this condition. 5. The proposed house is landward of the existing house, being 84 feet from the seaward wetlands and more than 120 feet from the edge of wetlands (139 feet from the southeasterly property line). ! 0 6. This parcel is four times the size of the lots in this neighborhood and the proposed lots are more than double the size of the surrounding parcels. 7. The existing house should not remain uninhabited, partially disassembled (windows have been removed, cast iron heaters recycled) particularly as the summer season approaches. We are close to the beach and the Southold Park District property and we do not want to attract trespassers. For all of the above reasons the Planning Board should authorize the building department to issue a demolition permit and building permit to construct the principal residence on the subject parcel. Delaying the issuance of the demolition permit and building permit will present an extreme hardship to the owner who wishes to build their personal residence on an oversized parcel. Very truly yours, �__P icia C. Moore cc: Assistant Town Attorney Joe Battaglia James F. King, President Of so�jyo Town Hall Annex Jill M. Doherty,Vice-President ,`� 54375 Main Road Peggy A. Dickerson P.O. Box 1179 Southold, New York 11971-0959 Dave Bergen o %�' Bob Ghosio,Jr. �0 Telephone(631) 765-1892 COU , Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 21, 2009 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: JOSEPH & HEIDI BATTAGLIA 2000 HOBART ROAD, SOUTHOLD SCTM# 64-3-3 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 21, 2009 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of JOSEPH & HEIDI BATTAGLIA applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 15, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 & 4.1 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a line of staked hay bales with silt fencing is installed along the 10' contour line surrounding the project prior to construction, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a 30 foot Non- Disturbance Buffer is to be maintained landward of the high tide water line once the debris and dead trees/branches have been removed, any trees approved to be removed are to be cut at the base and the stumps to remain, the removal of the abandoned floating docks, and 2 • • WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 21, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JOSEPH & HEIDI BATTAGLIA to demolish the existing dwelling, barn and chicken coop and construct a new dwelling and sanitary system; cut and remove the trees and branches that have fallen onto beach front; remove debris, dead branches, and driftwood, remove trees on southeast side of property, which all roots have been exposed, with the conditions that a line of staked hay bales with silt fencing is installed along the 10' contour line surrounding the project prior to construction, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code- Storm Water Runoff, a 30 foot Non-Disturbance Buffer is to be maintained landward of the high tide water line once the debris and dead trees/branches have been removed, any trees approved to be removed are to be cut at the base and the stumps to remain, the removal of the abandoned floating docks, and as depicted on the vegetation plan prepared by Joseph Battaglia, received on February 11, 2009 and as depicted on the survey prepared by Nathan Taft Corwin III, last dated February 9, 2009 and received on February 18, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. 3 • • Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $ 100.00 Very truly yours, James F. King President, Board of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO. 7028 DATE: JANUARY 21, 2009 ISSUED TO: JOSEPH & HEIDI BATTAGLIA PROPERTY ADDRESS: 2000 HOBART ROAD, S.OUTHOLD SCTM# 64-3-3 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 21.2009,and in consideration of application fee in the sum of$250.00 paid by Joseph&Heidi Battaglia and subject to the Terms and Conditions as'stated in the Resolution,,the Southold Town Board of Trustees authorizes and permits the following: L Wetland Permit to demolish the existing dwelling,barn and chicken coop and construct a new dwelling and sanitary system;cut and remove the trees and branches that have fallen onto beach front; remove debris,dead branches,and driftwood,remove trees on southeast side of property,which all roots have been exposed,with the conditions that a line of staked hay bales with silt fencing is installed along the 10' contour line'surrounding the project prior to construction,the installation of gutters,leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff,a 30 foot Non-Disturbance Buffer is to be maintained landward of the high tide water line once the debris and dead trees/branches have been removed,any trees approved to be removed are to be cut at the base and the stumps to remain,the removal of the abandoned floating docks,and as depicted on the vegetation plan prepared by Joseph Battaglia,received on February 11,2009 and as depicted on the survey prepared by Nathan Taft Corwin IH,last dated February 9,2009 and received on February 18, 2009. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. ,pg11FFQ(�.co N Peggy Dick -don James F. King, President QF SO(/jyO Town Hall Jill M. Doherty,Vice-President 53095 Route 25 Peggy A. Dickerson # P.O. Box 1179 Dave Bergen G Southold,New York 11971-0959 Bob Ghosio, Jr. Ol �OQ Telephone(631)765-1892 COU a Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1" day of construction _ % constructed Project complete, compliance inspection. so UTHO, LD TRUSTEES No. 7001lr p" E R I T • Issued To l idr Za Date i Al o Addressol000 F"w4lRoJ. Sw44,o ld • THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE DOWN ,OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CON- ERVATION DEC PERMIT NUMBER Ak, EFFECTIVE DATE 1-4738-03884/00001 sl 2/27/2009 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) 2/26/2014 Under the Environmental Conservation Law TYPE OF PERMIT■ New ❑ Renewal ❑ Modification❑ Permit to Construct ❑ Permit to Operate ❑Article 15,Title 5: Protection of Waters ❑ Article 17,Titles 7, 8:SPDES ❑ Article 27,Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 15,Title 15:Water Supply ❑ Article 19:Air Pollution Control ❑ Article 34: Coastal Erosion ❑ Article 15,Title 15:Water Transport ❑ Article 23,Title 27: Mined Land Management Reclamation ❑ Article 15,Title 15:Long Island Wells ❑ Article 36: Floodplain Management ❑ Article 24: Freshwater Wetlands ❑ Article 15,Title 27: Wild, Scenic and ❑ Articles 1,3, 17, 19, 27, 37;6NYCRR Recreational Rivers ■Article 25:Tidal Wetlands 380: Radiation Control ❑6NYCRR 608:Water Quality Certifica- ❑ Article 27,Title 7; 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Joseph Battaglia (516)875-8974 ADDRESS OF PERMITTEE 28 Wilton Road, Cold Spring Harbor, NY 11724-2423 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Patricia C. Moore, 51020 Main Road, Southold, NY 11971 (631)765-4330 NAME AND ADDRESS OF PROJECT/FACILITY Battaglia Property, 2000 Hobart Road, Southold, NY 11971 SCTM# 1000-64-3-3 COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk I Southold Town Creek E:716.9 N:4548.9 DESCRIPTION OF AUTHORIZED ACTIVITY: Subdivision of the existing property lot.~All work shall be done in accance with the attached plans prepared by Nathan Taft Corwin Ill, last revised on 2/9/2009"and stamped NYSDEC approved 2/27/2009. i * The property landward of the 10' elevation contour line is beyond Tidal Wetlands Act(Article 25) jurisdiction. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this permit. DEPUTY PERMIT ADMINISTRATOR: ADDRESS Region 1 Headquarters Susan V.Ackerm n GRZ SUNY Ston Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 AUTHO14IZED S14.4ATURE DATE Page 1 of 4 `_� 2/27/2009 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Tidal Wetland Covenant The permit holder shall incorporate the attached Covenant (or similar Department-approved language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days and prior to commence- ment of any regulated activity at the site to Region 1 Office of Marine Habitat Protection SUNY @ Stony Brook, 50 Circle Road Stony Brook, New York 11790-3409 Attn: Compliance The portion of the property landward of the 10' elevation contour line, as shown on the survey prepared by Nathan Taft Corwin III, last revised 2/9/2009 is beyond Tidal Wetlands Act(Article 25)jurisdiction. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland boundary and your project(i.e. a 15'to 20'wide construction area)or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this jurisdictional determination does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. DEC PERMIT NUMBER Page 2 of 4 1-4738-03884/00001 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION N (CATION OF OTHER PERMITTEE OBLIG S Item A: Permittee Accepts Legal •ponsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York,its representatives,employees,and agents("DEC")for all claims,suits,actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with,or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals, lands,easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title,or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility,including relevant records,is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL.Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification or transfer of this permit.Such application must include any fortes or supplemental information the Department requires.Any renewal,modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities(HWMF), major Air Pollution Control(APC)and Solid Waste Management Facilities(SWMF); b) 30 days before expiration of all other permit types. Submission of applications for permit renewal ormodification are tobesubmitted to: Regional Permit Administrator,SUNY @Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify,suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification,suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology orapplicabie law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER Page 3 of 4 1-4738-03884/00001 NE RK STATE DEPARTMENT OF ENVIRONMENTAL CONS OITION ADDITIONAL GENERAL CO ITIONS FOR ARTICLES 15(TITLE 5), 24,25, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters orflood flows or endangerthe health,safetyorwelfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions,or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit,the structure,fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation,orfor other purposes,and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of anywetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR Part 608,the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977(PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by Nathan Taft Corwin III, last revised on 2/9/2009 and stamped NYSDEC approved on 2/27/2009. DEC PERMIT NUMBER Page 4 of 4 1-4738-03884/00001 NOTICE OF COMMENCEMENT OF CONSTRUCT ON RETURN THIS FORM TO: COM PLCE OR FAX TO: 631- 4-0297 _ Marine Habitat Protection 12000 NYSDEC _ 50 Circle Road—SUNY Stony Brook, NY 11790-2356 PERMIT NUMBER: ISSUED TO: PROJECT LOCATION/ADDRESS: CONTRACTOR NAME: ADDRESS: TELEPHONE: Dear Sir: Pursuant to General Condition of the referenced permit,you are hereby notified that the authorized activity shall commence on We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions.The permit sign, permit and approved plans will be available at the site for inspection in accordance with general Condition No. 1. (Both signatures required) PERMITEE DATE CONTRACTOR DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND /OR ANYASSOCIATED REGULATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE,POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line x x x x x x ................................... . . x ......................... . NOTICE OF COMPLETION OF CONSTRUCTION """......"....""" RETURN THIS FORM TO: COMPLIANCE OR FAX TO: 631-444-0297 Aft Marine Habitat Protection NYSDEC 50 Circle Road—SUNY Stony Brook, NY 11790-2356 'ERMIT NUMBER: ISSUED TO: 'ROJECT LOCATION/ADDRESS: :ONTRACTOR NAME: ADDRESS: TELEPHONE: ear Sir: ursuant to General Condition of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures required) PERMITEE DATE CONTRACTOR DATE IIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE =NT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. 95-20-1 (11/09)-9d New York State Department of Environmental Conservation lame Alh NOTICE low The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of the approved work and any Department conditions applied to the approval, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. ' S I Regional Permit Administrator Permit Number / ROGER EVANS Expiration Date °2- a-b /W)ly NOTE: This notice is NOT a permit New Mork State Departmeennt of Environmental Conserv-on Division of Environmental Permits, Region One AMSUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790- 3409 AM Phone: (631) 444-0365 • FAX: (631)444-0360 Website: www.dec.state.ny.us - Alexander B.Grannis Commissioner PERMIT MODIFICATION Joseph Battaglia April 20, 2009 28 Wilton Road Cold Spring Harbor,NY 11724-2423 Re: Battaglia Property 2000 Hobart Road, Southold, NY 11971 SCTM# 1000-64-3-3 Permit# 1-4738-03884/00001 Dear Permittee: Your recent request to modify the above permit has been reviewed pursuant to Uniform Procedures Regulations (6NYCRR Part 621). It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is modified to authorize: Redesign of the site plan to include the removal of the two story frame barn and foundation. All work must be done in accordance with the plans prepared by Nathan Taft Corwin III, L.S., last revised on 4/3/2009 and stamped NYSDEC approved on 4/20/2009. This letter is a modification to the original permit, and as such, shall be available at the job site whenever authorized work is in progress. Please replace the previously issued page two of the permit document with the attached revised copy of page two, containing additional special conditions. All other terms and conditions remain as written in the original permit. Si cerel an ckerman Deputy Permit Administrator GRZ cc: Patricia C. Moore, Esq. Marine Habitat Protection file NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSETION SPECIAL CONDITIONS 1 . Tidal Wetland Covenant The permit holder shall incorporate the attached Covenant (or similar Department-approved language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days and prior to commencement of any regulated activity at the site to Region 1 Office of Marine Habitat Protection SUNY @ Stony Brook, 50 Circle Road Stony Brook, New York 11790-3409 Attn: Compliance 2. No Construction Debris in Wetland or adjacent Area. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 3. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 4. Establish Vegetated Buffer To protect the values of the tidal wetlands, a permanent vegetated buffer zone shall be established. There shall be no disturbance to the natural vegetation or topography within an area extending 30 linear feet landward of the tidal wetland boundary. 5. Install, Maintain Erosion Controls Necessary erosion control measures i.e., straw bales, silt fencing, etc. are to be placed on the downslope edge of any disturbed area. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good functional condition until thick vegetative cover is established. 6. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of, and understand all terms and conditions of, this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. " The portion of the property landward of the 10' elevation contour line, as shown on the survey prepared by Nathan Taft Corwin III,last revised 4/3/2009 is beyond Tidal Wetlands Act(Article 25)jurisdiction. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland boundary and your project(i.e. a 15'to 20'wide construction area)or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this jurisdictional determination does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. D 1-4738-03884/00001 EC PERMIT NUMBER Page 2 of 4 SURVEY OF PROPERTY SITUATE SOUTHOLD �FURTHEST LEACHING POOL A 3 POOL SYSTEM TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S .C. TAX No. 1000- 64-03-03 SCALE 1 "=30' N"� MAY 28, 2008 3 _ JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS DECEMBER 9, 2008 ADDED PROPOSED HOUSE DECEMBER 29, 2008 LATH PROP. HOUSE FOR SITE INSPECTION JANUARY 12, 2009 ADDED TOPOGRAPHICAL SURVEY FEBRUARY 9, 2009 ADDED WETLAND BUFFER N n slDE mEa MARCH 17, 2009 REVISED HAY BALE LINE APRIL 3, 2009 REVISED HAY BALE LINE U 0 CONCRETE (M EW&) AEW )_ TOTAL AREA = 101 ,022 sq. ft. INE sN.ui BE NNNAV . (TO TIE LINE) 2.319 ac. "WMNED. TIC TMK $ BE "WNNED. • UPLAND AREA = 95,846 sq. ft. 2.200 ac. CERTIFIED TO: JOSEPH BATTAGLIA HEIDI BATTAGLIA PECONIC ABSTRACT, Inc. FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE No. FNP-01504 TEST HOLE DATA (TEST HOLE DUG BY Mc DONALD GEOSCIENCE ON JULY 3, 2008) ElEV, 122' 0' MIXED SAND h GRAVEL 0.5' BROWN SILT ML S PALE BROWN FINE SP TO MEDIUM SAND ELEV. 0.6' GRDJND WATE WATER IN PALE BROWN FINE SP • TO MEDIUM SAND 17' UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED T� TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY ONLY THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE N Y S D E C TITS COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTTUTION LISTED HEREON. AND APPROVED AS PER TERMS TO THE ASSIGNEES OF THE LENDING INST- AND`ONDMOI 3 �3 TUTON. CERTIFICATIONS ARE NOT TRANSFERABLE. MAILING ADDRESS: PLANNING BOARD MEMBERS OFsnoTyo South 1BBox 1179 11971 MARTIN H. SIDOft �Q l� Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS �0 54375 State Route 25 GEORGE D.SOLOMON ��l ,��.I (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �CQUn l, Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOAIirD OFFICE TOWN OF SOUTHOLD April 28, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Standard Subdivision for Battaglia Located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM# 1000-64-3-3 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, April 27, 2009, adopted the following resolution: WHEREAS, this is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District; and WHEREAS, the applicant has submitted a request to the Southold Town Planning Board, dated March 31, 2009, for permission to obtain a permit to demolish his existing house and a building permit to construct one single-family dwelling on Lot 1 of the subdivision prior to Final Approval being granted for this proposed subdivision; and WHEREAS, subsequently, at a Work Session on April 13, 2009, the applicant requested a demolition permit for an existing barn on site for the purposes of re-location of the structure off-site; and WHEREAS, at the April 13, 2009 Work Session, the Planning Board agreed to the re- location of the barn off-site only; and WHEREAS, pursuant to Southold Town Code § 240-6(C) General Application Procedure: "No construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application has been filed pursuant to this chapter until final approval of the application has been granted, except as expressly provided herein", and Battaglia Pa-ge Two April 28, 2009 WHEREAS, pursuant to Southold Town Code §240-56 Waivers of Certain Provisions: "The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law"; and WHEREAS, the Southold Town Planning Board finds that the following reasons support a decision to waive the restriction on disturbance of existing conditions in Town Code §250-6(C) for the demolition of the existing barn prior to the subdivision receiving Final Approval: 1. The applicant has submitted an application for Sketch Plan approval for a two lot standard subdivision where there are existing structures and the Board has agreed that the re-location of an exiting barn off-site will not affect the outcome of the overall subdivision; and 2. The barn itself is a simple structure and removal of the barn from the site will likely be an easy and inexpensive process; therefore be it RESOLVED, that the Southold Town Planning Board hereby agrees to waive the restriction on disturbance of existing conditions prior to Final Approval of the subdivision, as outlined in §250-6(C), to allow for the removal of the existing barn from the subject parcel at this time. This resolution is subject to the following conditions: 1. The applicant must obtain the appropriate demolition permit from the Building Department; and 2. The applicant is not authorized by this resolution to disturb any other existing conditions on the subject parcel prior to Final Approval of the subdivision by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman cc: Building Department Town Engineer WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday,April 13, 2009 4:30 p.m. 4:30 p.m. Applications Site Plans: Pro'ect name. T North Fork Self Storage 2— LSCTM#:11000-96-1-1.2 Location: Commerce Drive, Cutchogue, a k.-a: 115 Commerce Drive i.. - -- -- — — -- — Description Site plan for the construction of a 23,490 sq. ft. self-storage bldg. on a 47,166 sq ft parcel in the Light Industrial Zoning District. ___.... Status: site plan review Recommenda_tions: Review Timeline & Comments - Attachments: LWRP ReportStaff Report & Engineer Comments-------.. Subdivisions: Project name:_ f Sterling Harbor, Inc. at Bayview SCTM#: 1000-88-2-15 Location: I North side of Main Bayview Road, 300' east of Midland Parkway in the I A-C Zoning District in Southold Description: Subdivide a 14-acre parcel in the A-C zone into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and a 369,901 s.f. preserved area. -- j— ----- — ------- --- Status: 1 Conditional Preliminary Approval Action: Review Revised C&Rs, Review Ag• Open Space Easement Attachments_ 1 Revised C&Rs, AG Open Space Easement Project na—me——: Standard Subdivision of Joseph SCT000-64-3 3 1 --- � M#: 1 & Heidi Battaglia Location: ! West side of Hobart Avenue, approximately 1,059 feet north of Terry — _ I Lane, Southold_ I Description: 1 Subdivide 95,846 s.f. into two lots where Lot 1 is 41,280 s.f. and Lot 2 is 54,566 s.f. in the R-40 Zoning District. r Status i Sketch Plan Review -._.J Action: Review letter from applicant requesting a demolition permit for the exist�n house and a building permit on one of the lots. 1 --- -- - �Attachments: Letter from Applicant For Discussion: Hamlet Stakeholder Priorities Planning Board Work Session AMVda Page Two ` April 6, 2009 Project name. Sterling Harbor I SCTM#: 11000- 88.-2-15 Location: !NO-h side of Main Bayview Road, 300' east of Midland Parkway in the A 1 C Zoning District in Southold. _: Description: ( Subdivide a 14-acre parcel in the A-C zone into five lots where Lot 1 I equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. buildin�c enve o e and_a 369,901 s.f. preserved area Status: Conditional Preliminary Approval Action: Review comments from Town Engineer/ Review request from applicant l for a building permit on one of the lots. Attachments: Comments from Town Engineer/Time Line/Applicant Request Letter — Protect name. Standard Subdivision of Joseph SCTM 1000-64-3-3 F-ta ------- & Heidi Battaglia �____— _. Location: West side of Hobart Avenue, approximately 1,059 feet north of Terry Lane, Southold, Description: Subdivide 95,846 s.f. into two lots where Lot 1 is 41,280 s.f. and Lot 2 is 54,566 s.f. in the R 40 Zoning District. Status: SSketch Plan review. Action: - ! Review letter from applicant requesting a demolition permit for the existing house and a building permit on one of the lots. Attachments_ Li etter from applicant. Site Plans Project name: North Fork Self Storage rSCTM#: 1000-96-1-1.2 - --- -- - - Location: Commerce Drive, Cutchogue, a.k_a115 Commerce Drive Description: Site plan for the construction of a 23,490 sq. ft.self-storage bldg. on a 47,166 sq. ft. parcel in the Light Industrial Zoning District. 1 Status: _ _ Site plan review Recommendations: Review Timeline, Comments, LWRP, & Set the Public Hearing for 4/13/09 Attachments: Timeline & Comments i • MAILING ADDRESS: PLANNING BOARD MEMBERS �QF soi;" P.O. Box 1179 MARTIN H. SIDOR A �0� Southold, NY 11971 Chair41 OFFICE LOCATION: WILLIAM J. CREMERS H Town Hall Annex KENNETH L. EDWARDS O 54375 State Route 25 GEORGE D.SOLOMON �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND 00M," Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Planning Board From: Kristy Winser, Sr. Planner Date: April 2, 2009 Re: Standard Subdivision for Battaglia SCTM#1000-63-3-3 In response, to the letter dated March 31, 2009 from the applicants representative for the above application, 1 have provided you with Section 240-6 (c) of the Town Code. Please review this section in connection with the request for a Demolition and Building Permit for this active subdivision currently in your review. Under Section 240-6 for general application procedures letter C states: No Construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application has been filed pursuant to this chapter until final approval of the application has been granted as expressly provided herein. �V2 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries March 31, 2009 Mr. Martin Sidor, Chairman and Southold Town Planning Board M_ 53095 Main Road P.O.Box 1179 Southold, NY 11971 By Fax Re: Joe Battaglia SCTM#1000-64-3-3 Dear Mr. Sidor: My clients wish to obtain a permit to demolish his existing house and-a building permit to construct one single family dwelling on their property. The proposed house meets all zoning setbacks. The proposed dwelling has DEC, Trustees and Health Department approval to construct his home. The building inspector asks that we obtain letter permission from the Planning Board authorizing issuance of a demolition and building permit because of the one lot pending subdivision application filed with your board. The building inspector has sited Section 240-6 ( C) which he believes prohibits him from issuance of building permit while a subdivision application is pending. I renew my objection to this provision in the subdivision regulations. Prohibiting issuance of building permit, if applied as the building inspector has interpreted, would result in sterilization of land while the property owner is pursuing subdivision approval. As you know the subdivision process can take years and the property owner has the inherent right to improve their property in conformity with applicable zoning. I would request a letter from you authorizing the building department to issue the demolition and building permit. Very trGly yours, Patricia C. Moore cc: Joe Battaglia MAILING ADDRESS: PLANNING BOARD MEMBERS ``QF SO • P.O. Box 1179 MARTIN H. SIDOR Southold, NY 11971 Char OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS �0 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yComm 0� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 23, 2009 Patricia C.Moore,Esq. 51020 Main Road Southold,NY 11971 Re: Verification of Wetland Delineation Line for Standard Subdivision for Battaglia SCTM# 1000-64.-3-3 Dear Ms. Moore; I'm writing to inform you that your plat subdivision map last revised on February 12, 2009 to depict the wetlands on site continues to be inaccurate. It is recommended for you to schedule a site visit with staff so that the plat may be amended to correctly identify the wetland area on site. Should you have questions regarding this matter, please do not hesitate to contact this office. Thank you. Sincerely, Martin H. Sidor Chair Cc: Planning Board Heather Lanza, Director of Planning Mark Terry, Principal Planner MAILING ADDRESS: PLANNING BOARD MEMBERS O Southold,Box 1179 11971 MARTIN H.SIDOR �O �Q �� ell Chair OFFICE LOCATION: WILLIAM J. CREMERS y Town Hall Annex KENNETH L. EDWARDS 54375 State Route 25 GEORGE JOSEPH LD. SOLOMON OLO EIND �li� � (cor. Main Rd. &Youngs Ave.) COUNTV,O Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Martin Sidor, Chair Members of the Planning Board From: Mark Terry, Principal Planner Scott Hilary, Planner Date: March 10, 2009 Re: Amended Plat Depicting Wetlands on Subject Property as per Planning Boards Request for Standard Subdivision of Joseph & Heidi Battaglia SCTM# 1000-64.-3-3 The amended plat (received on February 20, 2009) depicting wetlands on subject parcel is inaccurate. It is again recommended that the Planning Board require that the plat be amended to accurately reflect the wetlands on subject parcel. Further it is recommended that the applicant request guidance from planning staff regarding the inaccuracies of wetlands depicted on plat (received on February 20, 2009). Ce: Kristy Winser, Senior Planner �OJTHp � � G SRF oista� SOUTHOLD FIRE DISTRICT March 11 9009 P.O. BOX 908. SOUP ]OLD, N.Y. 11971 631 ) 765-4305 FAX (6 31) 765-5076 Ms. Kristy Winser, Senior Planner Tnurn of Cnuthnlri ""• - Plannino Board - P n RnY 1179 Southold, NY 11971 Re Joseoh & Heidi Battaglia S(.TM#1 onn-64-3-3 i Dear Kristy: Please be advised that the Board of Fire Commissioners ofAhe Southold Fire District has reviewed the above mentioned standard subdivision map and finds that there is adequate fire protection for this parcel and the fire/emergency access is sufficient The Board would like to reserve the right to review the above subdivision if any changes occur to this property or to other property in the immediate area. Sincerely, 1 Carol A. Miller Fire District Manager MAILING ADDRESS: PLANNING BOARD MEMBERS Of sou P.O. Box 1179 MARTIN H. SIDOR �0�� TyQ/- Southold, NY 11971 Choir Y! OFFICE I.00ATION: WILLIAM J. CREMERS Town Holl Annex KENNETH L. EDWARDS ` 5437.5 State Roulo tri GKOR(il? D.SOLOMON (cor. Mnin Rd. &Yountiry Ave.) .IOSKPII 1..TOWNSKNI) �,,'CO,nM Southold, NY 1!111, Telephone: 631766-1938 Fax:631 766.3136 PLANNING BOARD OFFICE TOWN OF SOUTIIOLI) MEMORANDUM To: Suffolk County Department of Health Services* Suffolk County Water Authority* New York State Department of Environmental Conservation* Southold Town Board of Trustees* From: Kristy Winser, Senior Planner Date February 26, 2009 RE: Request for review and comments on Standard Subdivision for Joseph Battaglia SCTM# 1000-64-3-3 The Planning Board refers this site plan application to your agency for your information, comments, review, and a determination of jurisdiction, if applicable. This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. This site is located at 1720 Hobart Road, on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold. Thank you for your cooperation. *Encl. - Site Plan Application & Site Plan MAILING ADDRESS: PLANNING BOARD MEMBERS OF soP.O. Box 1179 MARTIN H. SIDOR O�� lyd/- Southold, NY 11971 Chulir 6 y y OFFICE LOCATION: WILLIAM J. CREMERS T T Town hall Annex KENNETH L. EDWARDS ,y�rr 54:375 Stott Rnutc tri GX:OKCE.1)•SOI AIMON Icor. Mnin ltd.&Young:;Ave.) JOSEPH L TOWNSEM) �,�'� Southold, NY Telephone: 631 765-1938 Fax: 631 765-8136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator Scott Hilary, LWRP Coordinator From: Kristy Winser Senior Planner Date: February 25, 2009 Re: Standard Subdivision for Joseph Battaglia SCTM#1000-64-3-3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. Enclosed is a revised map, dated 2/20/09, depicting the wetland delineation. The file is available at your convenience. This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. This site is located at 1720 Hobart Road, on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold. Thank you for your cooperation. Encl. MAILING ADDRESS: PLANNING ROARD MEMBERS QE SOU P.O. Box 1179 MARTIN H. SIDOR oy�� ly 0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS * # Town Hall Annex KENNETH L EIjWARDS 54375 Stuto Route 25 t9H;Olt01H )..' MON (cor. Main Rd. &Youngs Ava) .IOSP)PH L.TOWNSGNI) ,�'� Southold, NY Telephone:631 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 2009 Ms. Carol Miller c/o Southold Fire District P.O. Box 908 Southold, NY 11971 Re: Request for Review on the Standard Subdivsion of Joseph & Heidi Battaglia Located at 1720 Hobart Road, on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold SCTM#1000-64-3-3 Dear Ms. Miller: The enclosed site plan application, referenced above, is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. Please contact me at (631) 765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Kristy Wins Senior Planner enc. site plan application site plan MAILING ADDRESS: PLANNING BOARD MEMBERS OF So Y.O. Box 1179 JERILYN 13.WOODHOUSL ��� U��O Southold, NY 11971 Chair h OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON '.� �� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDcou m Southold, NY 11" Telephone: 631 766-1938 February 24, 2009 PLANNING BOARD OFFICE Faze: 631 765-3136 TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Verification of Wetland Delineation Line for Standard Subdivision for Battaglia SCTM# 1000-64.-3-3 Dear Ms. Moore; As a follow up to the Work Session held on February 23, 2009, the Planning Board formally accepted the above-referenced site plan for review and the following actions were taken. Please revise in accordance with the following comments and re-submit directly to the Planning Department: 1. Waive certain site plan application elements. The application is eligible for waiver of site plan elements under § 240-56 and the following elements were recommended for the waiver: a. Separate yield map if the applicant can show on the plan that they meet the yield. Provide the calculation. b. Waive several of the ERSAP requirements: § 240-10 A (6) e,h,I,L,n,q,s 2. Recommend conditional sketch approval and request the following information from the applicant: a. There should be a map title stating"Standard Subdivision of Joseph and Heidi Battaglia, Southold". b. Provide the yield calculation on the plan. c. Provide a simplified, streamlined ERSAP map with the following applicable items shown: § 240-10 A (6) d (flood area), f(vegetative types), g(soil series),j (location of surrounding buildings, utilities), k (archeological significance), o (location of water, p (critical environmental area, q. (significant natural areas) shown on the subdivision plan. Standard Subdivision for Battaulia n•2 d. Provide building envelopes based on required setbacks and dimensions on plan for each lot. 3. Application will be referred to involved agencies under the general site plan Regulations pursuant to Section 240-12 of the Town Code. 4. Recommend doing an uncoordinated review of this unlisted action and begin the SEQRA process. Additional comments will be provided following full review by Staff, the Town Planning Board, Town departments and involved/interested agencies. If you have any questions,please contact this office. Sincerely, Kristy Winser Sr. Planner Cc: Planning Board Joseph Battaglia, Applicant Southold Town P in Board Work Session — 2/23/0 Pa a Two Project name: Standard Subdivision of Joseph & SCTM#: 1000-64-3-3 Heidi Battaglia Location: This site is located on the west side of Hobart Avenue, approximately 1,059 feet north from Terry Lane, Southold. Description: This is a standard subdivision to subdivide 95,846 s.f. into two lots where Lot 1 is 41,280 s.f. and Lot 2 is 54,566 s.f. in the R-40 Zoning District. Status: Sketch Plan review. As discussed, review of the application will continue but wetlands will need to be accurately depicted on the plat plan. Once a revised plan is submitted for review, then Staff may begin the SEQR process for this unlisted action with uncoordinated review. Action: Review sketch plan and staff report and consider accepting the application and referring it out for comment. Attachments: Last letter sent to applicant regarding the wetlands delineation & Staff Report. Discussion: 1. Suffolk County Planning Commission — request to reduce referrals for minor projects. Submission Without a Cover Letter Sender: U SF/P/� fr Subject: � ..�� y� , •, C�(� ' � r � SCTM#: 1000 - FEB 2 0 2009 Date: 2 / O A hI Comments: �1 • February 10, 2009 P.O. Box 1179 54375 Route 25—Town Hall Annex wn Southold, NY 11971 Southold ' Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 X, To: Joseph Battaglia From: Kristy Wlnser Fac (516)8260633 Pages: 2 including cover Pte: Date: 02/10/09 Re: Wetland Delineation CC: Urgent For Review Please Comment Please Reply As Requested As discussed, this Department will continue the review of your application. The attached Planning Board letter is to inform you that the Wetlands will need to be further verified for accurate delineation. This office will contact you in the next week to schedule an appointment for an onsite inspection. 0 Page 0 • i MAILING ADDRESS: PLANNING BOARD MEMBERS V SOU P.O. Box 1179 JERILYN R.WOODHOUSE O�� P.O. Southold, NY 11971 Chair l OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIy RouteState (cor. Ma it Rd. & ungs Ave.) GEORGE D.SOLOMON :!�_ � JOSEPH L.TOWNSEND ''rye Southold,NY Telephone: 631 765-1936 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 10, 2009 Patricia C.Moore, Esq. 51020 Main Road Southold,NY 11971 Re: Verification of Wetland Delineation Line for Standard Subdivision for Battaglia SCTM# 1000-64.-3-3 Dear Ms. Moore; On February 5, 2009, the subject parcel was inspected to verify the accuracy-of the wetland delineation line flagged by J.M.O. Consulting Service and depicted on the plat dated, as last revised, July 10, 2008. It was determined that pursuant to Chapter 275 of the Southold Town Code WETLANDS (FRESHWATER) [Amended 10-11-2005 by L.L. No. 17-2005], Section (2) (a); a wetland (freshwater influenced) occurs on the southeast of the parcel which is not depicted on the plat. The dominant vegetation of the wetland is common reed (Phragmite australis). This matter was discussed during the February 9, 2009 work session where it was recommended that the plat be amended to depict the Wetland. The Board agreed and requests that the wetland boundary be defined and flagged at the point where existing wetland indicator species (as stated in Chapter 275 of the Southold Town Code) no longer have a competitive advantage over upland species. Should you require additional information, please do not hesitate to contact this office. Thank you. Sincerely, f n erllyn Woodhouse Chairperson Cc: Planning Board Heather Lanza, Director of Planning Mark Terry, Principal Planner MAILING ADDRESS: PLANNING BOARD MEMBERS �OF SOU P. P.O. Box 1179 ,WRIINN li.WO(lllHOUS1, ��� Southold, NY L1971 Chair _ OFFICE LOCATION: K]3NNKTII L. IMWARDS Town Hall Annex MARTIN H. SIDUR G 54375 State Route 25 GI?ORI:F;ll. SIIL(IMl1N (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND ���COV� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Kristy Winser, Senior Planner From: Mark Terry, Principal Planner VZ Scott Hilary, Planner Date: February 6, 2009 Re: Verification of Wetland Delineation Line for Standard Subdivision of Joseph& Heidi Battaglia SCTM# 1000-64.-3-3 On February 5, 2009, the subject parcel was inspected to verify the accuracy of the wetland delineation line flagged by J.M.O. Consulting Service and depicted on the plat dated, as last revised, July 10, 2008. It was determined that pursuant to Chapter 275 ofihe Southold Town Code WETLANDS (FRESHWATER) [Amended 10-11-2005 by, L.L. No. 17-2005], Section (2) (a) a wetland (freshwater influenced) occurs on the southeast of the parcel which is not depicted on the plat. The dominant vegetation of the wetland is common reed (Phragmite australis). It is recommended that the Planning Board require that the plat be amended to depict the wetland. The wetland boundary is to be defined and flagged at the point where existing wetland indicator species (as stated in Chapter 275 of the Southold Town Code) no longer have a competitive advantage over upland species. Cc: Planning Board Heather Lanza, Director of Planning Page 1 of 1 Winser, Kristy From: Winser, Kristy Sent: Friday, January 23, 2009 8:49 AM To: Pat Moore(E-mail) Subject: FW: Battaglia Good morning; This is to inform you of the status of the above application. Thank you. Kristy Winser Senior Planner Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York Phone: (631)765-1938 Fax: (631)765-3136 Kristy.Winsernalown.southold.ny.us -----Original Message----- From: Terry, Mark Sent: Thursday, January 22, 2009 3:50 PM To: Winser, Kristy Cc: Lanza, Heather Subject: Battaglia Kristy, I spoke to Joe Battaglia this afternoon and requested that he mark the corners of the property so that we could make an accurate assessment if the east/west wetlands are located on his property. He said he will do so this weekend. Once complete, I will re-inspect the site to visually determine if the wetlands are on his property. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631) 765-1938 ,M-a,,.rk.,T-,el-r-ry,@towrl.southold.ny.us 1/23/2009 Page 1 of 1 Winser, Kristy From: Terry, Mark Sent: Thursday, January 22, 2009 3:50 PM To: Winser, Kristy Cc: Lanza, Heather Subject: Battaglia Kristy, I spoke to Joe Battaglia this afternoon and requested that he mark the corners of the property so that we could make an accurate assessment if the east/west wetlands are located on his property. He said he will do so this weekend. Once complete, I will re-inspect the site to visually determine if the wetlands are on his property. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631)765-1938 Mark.Terry a7town.southold_ny.us 2/2/2009 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o��OF SO(/ry� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G 9z 54375 State Route 25 GEORGE D.SOLOMON '� �0 (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l�'COU,M' Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Planning Board Date: November 24, 2008 Re: Standard Subdivision for Battaglia SCTM#1000-63-3-3 The above referenced subdivision has been submitted for review to the Planning Department. Based on preliminary review of the subdivision plan and aerial photographs, it is anticipated that a permit will be required through the Board of Trustees but first the location of wetlands on site will need to be confirmed to determine lot yield for the subdivision. The Planning Board refers this application to you for verification of the wetlands map. The file is available at your convenience. Description: This is a standard subdivision to subdivide 95,846 sf into two lots where lot one is 41,280 sf and lot two is 54,566 sf in the R-40 Zoning District. Thank you for your cooperation. cc. Board of Trustees • 0 MAILING ADDRESS: PLANNING BOARD MEMBERS .1P.O. Box 1179 JERILYN B.WOODHOUSE O��OI: so P.O. Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON % �0 (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWN5END �IyCOU'M'� Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 12,2008 Patricia C.Moore Esq. 51020 Main Road Southold,NY 11971 Re: Standard two lot Subdivision for Battaglia Located 1720 Hobart road,Southold SCTM# 100-64-03-03 Dear Ms.Moore; I'm writing in response to your submission to the Planning Department for review dated November 3, 2008 for the above referenced application. In order to process the application further please schedule an appointment for a pre-submission conference as required. Additional comments will be provided following full review by staff, the Town Planning Board,Town departments and involved/interested agencies. If you should have any questions or require additional information, please do not hesitate to contact me. Verytruly yours, Lsty mser Senior Planner CC: Planning Board Joseph&Heidi Battaglia,applicant PATRICTA C. MOORE, ATTORNEY # LAW 51020 Main Road, Southold, NY 11971 (631) 765-4330 �/,g DATE TO ""r���� u�L cel SUBJECT � 7`/y'-� / &_7 l 00 -- 6 - 3 - 3 02 L,)¢ SuhC-/r v"j i('/ NOV — 5 2G08 f . I _ r s SIGNED PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 I Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries November 3, 2008 Ms. Jerri Woodhouse, Chairwoman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 By Hand Re: Battaglia 2 lot subdivision SCTM#1000-64-03-03 1720 Hobart Road, Southold Dear Ms. Woodhouse: Enclosed is an application for sketch plan of a two lot subdivision of an improved property containing a 21/2 story single family dwelling and two story barn. The subdivision meets all zoning requirements. Also enclosed is my client's check for $1,750.00, the SEQRA Long EAF, Town's LWRP, Transactional Disclosure and survey prepared by Nate Corwin III dated May 28,2008 and last dated July 10, 2008. Please review the map for any preliminary comments. Very truUyours, Patricia C. Moore cc: Mr. And Mrs. Battaglia '` y + ' �R I Or •ate � � ,- ley, ^—n_k tot `x`.. 3 fi$ a Wy. " 0 [06/ 2010` 1- ] a � n iqf, µ *N ., s � •Y A ( . 1 A 1 2D11'Giggle (� + e2.,.GooSIc Sir . 41'03'43.38'N 72'25'06.68'W el ev 71t E e all 393 ft • � "�T _ �4Ra 21111 r"u,501 F,dC'! Le9d: AJYef:Se XIC.0 PV!BdE � Ip £II IIS NM1dI y0V Mln1 Figure 2. Joseph and Heidi Battaglia Parcel • 1 e I, •�Q�'{ 1 r ttYe'di� � P� � �„ �w � 4 � w ♦ M1 l� Ta� P a M1 }, WIN WIN � n u � h N �� ���� Ae' F fie'. �+++&. .• � Y ti':,: �f A + f - � At t f u 4.: A', 4 .11 yy R ^ �� � ' � � �� r 1t '� ���'. � 7 . Y 'M• �� a � � ����•��°�� �\ to r� 14 MIO l AI s y: •, 1 err ��� ...\.8 ,. t. 0 SiJ.e \ i..�-" R � , �� � ;� tea. �� -_ �, .• y, �. �' ,.+`%,;kms V4 Rr tb l \ `a ; ta �\ \ I,, •`fit — �� f + /qfth:�,� x 05/ 03 /201 .1 16' 01 �` _�1 C , K�lfrl' 9 j FS1 e m IT r � r UR .43 i3 1 r fx ., r . i Y y w, y. 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Y ` i Id P y a r 2.. ,� 4L f 4k Project Status Report for Standard Subdivisions Projevt Name and Location: [J� �S i i So }ho( Protec i0ell9ripption(taken from Planning Tracking): r r ' Sketch Application Dates ���iiiyyy��, Pre-Submission Conference ��\ 1(�7 SEQRA Determination Sketch Application Received 11/ SC Planning Commission Referral Application Fees Paid SC Planning Commission Comments ERSAP Submitted Fire Department Referral Yield Plan Submitted Fire Department Comments `� ��� 2C✓p (�c Concept Design Determined Engineer Conference (J Fire Department Comments t✓ Sketch Plan Submission L SEQRA Coordination Conditional Sketch Approval Landscape Plan Sketch Approval Soil Conservation Plan Preliminary Plat Application Dates(6 months after Sketch Plan Approval) Preliminary Application Received �I it DEIS Submission A/ Application Fees Paid r)I Referral of Legal Documents to Town Attorney Referral of Road and Drainage Plans I I I t Comments from Legal Department Received Engineer Conference FEIS Submission Comments from Town Engineer Preliminary Hearinq Set Draft Performance Estimate IVl� Preliminary Hearinq Held Draft Covenants and RestrictionsY PreliminaryHearin Closed �2 Draft Homeowner's Association Agreement IV'/� Conditional Preliminary Approval ��I Draft Road Maintenance Agreement MN- Preliminary Approval Scoping Session 4k Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received 1 tt,\ u \ p Affordable Housing Fee Paid Cl,k 9s1b la) Application Fees Paid Fib( Administrative Fee Paid `1 Mylars Received(5) 11 1r, NYSDEC Wetlands Permit Received lc( Paper Prints Received(8) 11�10%W NYSDOT/DPW Permit Received (f Final Road and Drainage Plans �, Trustee Permit Received t�CA Performance Guarantee Received C\) Final Hearing Set Performance Guarantee to Town Board moi- a f Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement PIz Final Approval Park and Playground Fee Paid —10l�prC� Jai Map Endorsed by Chair Conservation Agreement 1 V A LWRP Consistency Review T7—°l- 0 Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: ' �4a d � C o�n� �-�: ����� ����� se�Hca,•-� L LY Town of Southold Planning Department Staff Report Project: Standard Subdivision for Battaglia Preparer: Mark Terry, Principal Planner Date: September 21, 2011 I. Site Plan Information Site Plan Name: Battaglia SCTMN#: 1000-64-3-3 Street Location: 1720 Hobart Road, Hamlet: Southold Type of Subdivision: Standard 2 lot subdivision Zoning District: R-40 Property Owner: Joseph Battaglia Applicant: same Agent: Pat Moore Site Plan Prepared By: Nathan Taft Corwin III Date of Map: May 28, 2008: FINAL PLAT— Last revised August 1, 2011 Date of Submission to PB: November 3, 2008 II. Description of Subdivision Project Proposed subdivision Type/ use: Standard / Residential This is a standard subdivision to subdivide 101,022 sf into two lots where lot one is 41,213 sf and lot two is 54,208 sf in the R-40 Zoning District. Ill. Site Analysis SEQRA CLASSIFICATION: Unlisted action — uncoordinated review Present Land Use: Residential Existing Structures: Single family dwelling, accessory buildings Depth to Water Table: 11.6 ft. Source of Water Supply: Public Water Significant Trees on Site: Yes Staff Report Page Two September 21, 2011 IV: Outstanding Permits and/or Review Required From Other Agencies 1. Review Final Plat submitted on August 9, 2011. 2. Review amended Covenant and Restrictions Submitted: September 12, 2011 — Need to be reviewed and finalized. 3. Review draft Drainage Easement submitted September 12, 2011. a. Drainage Easement was sent to Town Engineer on September 12, 2011. V: Staff Recommendations - The Planning Staff recommends the following: 1. Amend final plat as follows: a. Re-label "Landscaped Area" with natural /landscaped buffer" to be consistent with C&R language. b. Label the limits of clearing on Lot 1. c. Remove street trees. 2. Review Clause (f) of the C&R's for clarity. Address Lot 2 driveway (exclusion from natural/landscaped buffer). 3. Discuss 20' natural and landscape buffer over drainage easement area. 4. Discuss adding language regarding the replacement street tree (species, survivability). VI: Materials to aid in review Planning Board letter (September 8, 2011) Draft Covenant and Restrictions (August 9, 2011) Draft Drainage Easement (August 9, 2011) Conditional Final Approval Resolution (June 14, 2011) Town of Southold Planning Department Staff Report Project: Standard Subdivision for Battaglia Preparer: Mark Terry, Principal Planner Date: March 11, 2011 I. Site Plan Information Site Plan Name: Battaglia SCTMN#: 1000-64-3-3 Street Location: 1720 Hobart Road, Hamlet: Southold Type of Subdivision: Standard 2 lot subdivision Zoning District: R-40 Property Owner: Joesph Battaglia Applicant: same Agent: Pat Moore Site Plan Prepared By: Nathan Taft Corwin III Date of Map: May 28, 2008: Preliminary Plat— Last revised April 18, 2011 Date of Submission to PB: November 3, 2008 II. Description of Subdivision Proiect Proposed subdivision Type/ use: Standard / Residential This is a standard subdivision to subdivide 101,022 sf into two lots where lot one is 41,213 sf and lot two is 54,208 sf in the R-40 Zoning District. III. Site Analysis SEQRA CLASSIFICATION: Unlisted action — uncoordinated review Present Land Use: Residential Existing Structures: Single family dwelling, accessory buildings Depth to Water Table: 11.6 ft. Source of Water Supply: Public Water Significant Trees on Site: Yes Staff Report Page Two March 11, 2011 IV: Outstanding Permits and/or Review Required From Other Agencies 1. Covenant and Restrictions Submitted: October 10, 2011 — Need to be reviewed and finalized 2. Town Engineer report: Received November 10, 2009 — No indication in file record that report was accepted; e.g. 50' drainage easement recommendation. V: Staff Recommendations - The Planning Staff recommends the following: 1. The Planning Board granted an extension of Conditional Preliminary Plan approval to August 11, 2011. 2. A review of the Preliminary Plat and the Final Plat resulted in the following: 1. The proposed pervious driveway has been changed to an impervious driveway. A impervious driveway is shown on the proposed Final Plat 2. Although clearing limits are reference numerically, the limits of clearing are not clearly indicated on each lot. The Preliminary Plat notes "proposed limits of clearing" however, the notations have been removed from the proposed Final Plat. The limits of clearing areas were designed to serve as vegetative buffers along each property boundary. 3. Lot 2 : Two pine trees that were not shown on the Preliminary Plat are shown on the proposed Final Plat with a notation "to remain". 4. Street trees have been added to the proposed Final Plat. 5. Drainage for the structure and cesspool locations have been removed from the proposed Final Plat. Require that these drainage features be included on the final plat. 6. A proposed location for an 4' wide access path which must be located through the 30' Non-disturbance buffer to a second dock has not been shown on the Final Plat 7. A 50' drainage easement recommended by the Town Engineer is not shown on the proposed Final Plat. Based upon the above findings, the Preliminary Plat is not in substantial agreement with the proposed Final Plat and it is recommended that a Final Public Hearing be held for the action. Further it is recommended that the applicant be required to show all noted items missing from the proposed Final Plat. Note, that following the public hearing, additional items may also be required to be shown. V: Materials to aid in review Town of Southold Planning Department Staff Report Subdivisions Prepared by: Tamara Sadoo Date: January 24, 2011 I. Application Information Project Title: Standard Subdivision of Joseph and Heidi Battaglia Map Prepared By Nathan Taft Corwin.11l L.S. Date of Map: May 28 2008 last revised October 17, 2010. Date of Submission: November 3. 2008 Applicant: Joseph and Heidi Battaglia Tax Map Number: 1000-64-3-3 Project Location: The property is located at 1720 Hobart Road, Hamlet: Southold Zoning District: R-40 II. Description of Project Type of Application: Subdivision Type of Subdivision: Standard Subdivision Acreage of Project Site: 101,022 sauare feet/approx. 2.319 acres 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: Via Hobart Road Length of Access: varies III. Site Analysis SEOR Type of Action: Unlisted Present Land Use: built with one residential structure on proposed Lot 2 Existing Structures: Yes, residential on proposed Lot 2 Existing Permits Approvals CO's etc: Conditional Preliminary Approval Expired. Building permit. DEC permit. Trustee permit Was Property Previously Subdivided: No If Yes. Date of Approval:N/A Existing Easements or Restrictions: None/TBD Soil Type: ML.SP Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: vacant with wooded and wetlands perimeter Significant Trees on Site: Yes. see Map submitted on 10/20/2010 Percentage of Slopes: 0-10%=100% 1 6 0 Name of Abutting Water Body: Town Creek Critical Environmental Area: No Type of Wetlands on or Adiacent to Site:Tidal wetlands Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: 14.3 feet. Distance to Public Water: N/A Source of Water Supply Public water Number of Access Points: Two driveways off Hobart Road 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, and the Southold Town LWRP Coordinator, the Southold Fire District and the Suffolk County Planning Commission. V: Project Analysis This proposed standard subdivision will subdivide 101,022 sq. ft. into two lots where Lot 1 would total 43,213 sq. ft. and Lot 2 would total 57,809 sq. ft. in the R- 40 Zoning District. VII: Staff Review/Recommendations • Conditional Preliminary Approval has expired —August 9, 2010. • While constructing the residence on Proposed Lot 2 the applicant has caused clearing and disturbance on the southeast side of proposed lot 2 within the 30' (foot) non-disturbance buffer. • The applicant has submitted a re-vegetation plan for the area which has been cleared as requested by the Planning Board in a letter dated November 11, 2010. Recommendations: • The applicant had a Trustee Hearing on January 19, 2011 for a permit to construct a rock revetment along the creek on the southeast corner of Proposed Lot 2. • Southold Town Trustees granted a permit for the rock revetment and approved the re-vegetation plan as proposed by the applicant. • LWRP coordinator reviewed the re-vegetation plan and would recommend that beach grass be replaced — discuss options at work session. 2 6 0 • Once the proposed re-vegetation plan has been approved, the Planning Board should consider requesting the applicant submit a bond to ensure that the planting will be done. • The Planning Board should also request the applicant provide a three- year guarantee of survival of the plants. • The Planning Board should also consider requiring that the existing dock for the proposed subdivision be used as a common dock for both lots. This would require that an easement be granted over proposed Lot 1 for access by proposed Lot 2. • Consider re-issuing Conditional Preliminary Approval. (Preliminary Public hearing previously held and closed on January 11, 2010) 3 Town of Southold Planning Department Staff Report Subdivisions Prepared by: Tamara Sadoo Date: January 3, 2011 I. Application Information Project Title: Standard Subdivision of Joseph and Heid Battaglia Map Prepared By: Nathan Taft Corwin.11l L.S. Date of Map: May 28. 2008, last revised October 17, 2010. Date of Submission: November 3. 2008 Applicant: Joseph and Heidi Battaglia Tax Map Number: 1000-64-3-3 Project Location:The property is located at 1720 Hobart Road, Hamlet: Southold Zoning District: R-40 II. Description of Project Type of Application: Subdivision Type of Subdivision: Standard Subdivision Acreage of Proiect Site: 101.022 square feet/approx. 2.319 acres 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: Via Hobart Road Length of Access: varies M. Site Analysis SEOR Type of Action: Unlisted Present Land Use: built with one residential structure on proposed Lot 2 Existing Structures: Yes, residential on proposed Lot 2 Existing Permits, Approvals. CO's. etc: Conditional Preliminary Approval Expired. Building permit. DEC permit. Trustee permit Was Property Previously Subdivided: No If Yes. Date of Approval:N/A Existing Easements or Restrictions: None/TBD Soil Type: ML.SP Located within Coastal Erosion Hazard Zone: No Located within Flood Hazard Zone: No Predominant Vegetation: vacant with wooded and wetlands perimeter Significant Trees on Site: Yes. see Map submitted on 10120/2010 Percentage of Slopes: 0-10%=100% 1 i 0 Name of Abutting Water Body:Town Creek Critical Environmental Area: No Type of Wetlands on or Adjacent to Site: Tidal wetlands Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: 14.3 feet. Distance to Public Water: N/A Source of Water Supply: Public water Number of Access Points: Two driveways off Hobart Road 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, and the Southold Town LWRP Coordinator, the Southold Fire District and the Suffolk County Planning Commission. V: Project Analysis This proposed standard subdivision will subdivide 101,022 sq. ft. into two lots where Lot 1 would total 43,213 sq. ft. and Lot 2 would total 57,809 sq. ft. in the R- 40 Zoning District. VII: Staff Review/Recommendations • Conditional Preliminary Approval has expired —August 9, 2010. • While constructing the residence on Proposed Lot 2 the applicant has caused clearing and disturbance on the southeast side of Proposed lot 2 within the 30' (foot) non-disturbance buffer. • The applicant has submitted a re-vegetation plan for the area which has been cleared as requested by the Planning Board in a letter dated November 11, 2010. Recommendations: • The applicant is scheduled for a Trustee Hearing on January 19, 2011 for a permit to construct a rock revetment along the creek on the southeast corner of Proposed Lot 2. Based upon this, it is recommended that the Planning Board consider the following: • Accept and review the re-vegetation plan submitted by the applicant • Refer the re-vegetation plan to the Southold Town Trustees for comment • Refer the re-vegetation plan to the LWRP coordinator for comment • Wait until the Trustees have held their hearing regarding the requested permit for construction of a rock revetment. 2 i • Should a Trustee permit be issued, the applicant will need to use the southeast corner of Proposed lot 2 for access to the creek and for construction purposes, therefore requesting that re-vegetation/re-planting of the southeast corner which has been disturbed take place prior to this possible activity being complete would not be warranted as this area will be disturbed during construction. • Once the proposed re-vegetation plan has been approved, the Planning board should consider requesting the applicant submit a bond to ensure that the planting will be done. • The Planning Board should also request the applicant provide a three- year guarantee of survival of the plants. • The Planning Board should also advise the applicant that a permit from the Southold Town Trustees may be required for the re-vegetation activity proposed as the area in question is within the Trustees jurisdiction. 3 Albert J. Krupski,President �g�ff�(,�c Town Hall James King,Vice-Presidenty.� �(� 53095 Route 25 Henry Smith P.O. Box 1179 Artie Foster w = Southold,New York 11971-0959 Ken Poliwoda Oy �r-wr Telephone(631)765-1892 �Ol �a0 Fax(631)765-1366 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD June 27, 2000 Mr. James E. Fitgerald Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: WILLIAM PENNEY SCTMi64-3-4 Bear Mr. Fitzgerald: The following action was taken by the Board of Town Trustees during its regular meeting held on April 19, 2000 regarding the above matter: WHEREAS, Proper-T Permit Services on behalf of WILLIA14 PENNE" applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 31, 2000 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on April 19, 2000 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of WILLIAM PENNEY to raise the existing garage and construct new first floor under; no change in existing footprint of structure. Raise the existing shed/boathouse and construct new first floor under; no change in footprint of structure. Add covered porch 1O1X 43 ' on concrete or concrete block foundation. Remove existing wood deck and in same footprint construct 211X 24 ' full height addition to house on concrete or concrete block foundation. Add 131X 41 ' conservatory on concrete or concrete block foundation. Add 15'X 41' wood deck on CCA treated wood posts all with the condition that haybales are placed on the wetland line before any work is done, what is shown as an old wood bulkhead on the north side of the property must be removed, no grading is to be taking place and no fill brought in, and that the septic system on the north side of the asphalt driveway is to be removed. No septic or water service can be used in either of the two garages, which is noted as garage/storage areas or existing shed areas, all as per survey last revised July 10, 2000. BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Fees: None Very truly yours, ogj. Albert J. Krupski, Jr. President, Board of Trustees AJK/lms cc: DEC Building Dept. ATENAqr mow, 9[OA � iTA TI IBw • T6S 1 BOrI D 0 FApfl!AI R'Di AEpRON N BY AICDOVALD\ AflfEWKYIIO AI S GEOSCIENCE aaD IILR a COFf� 9128/95-2 OO PM t p •! AOYTAw1LLY f0 COWLY M7N TAI.sL IY• BNR NO YyLMT�E/1�WlfD�EI�YL�Y1/pI�tA1D ALL �E AAMP SLTY LOAM J Mq/9R•&w*AIr NpT M � LA . BROWN •Js laYT M 'c, NOTE N7 SUBSURFACE SEWAGE Y DISPOSAL Ss'STE11 DESI -a ,� L_ 9Y: JOSE PN FlSCNET I^ O 5' /ALF .17 NOBAR7 ROAD y a pro. ° SOUTHDLD,Nr.I M Z jCp -0 � e•o. (516) 765-20.74 E.p - -- - s gA9T \ ° O p To J: :tdO 0CAM A&W 41 !♦ ~ T m 5 • T G1` •A. r •p J O O I HIGH iIOE CALCULATION Q • f FOR 9/26195 10 y I'� 6, • r NEW LONDON NIGH TIDE + • . • 9r AT 1128 PLUS CORR. OF 0144 PLUS 0100 0 a s ' J , / • .9 • 1411 OR 2.12 PM • / LerEErw nrM y' 4• oL4 o / e 1 X99 ?� p O t .•A' ba li 1) Ali 0.4 °r' 'y ' •p v 2 ` J ` C� ••• a •• O all ! p0 e 17 = yt � '• yeti h,r 6,arr rl,rl ,0,01 r '••y A.E sT y�, an rI 6T 1-11 o• y \•� MOiryt'1,y� SEPTIC SYSTEM CROSSECrION TIE LINE ALONG BULKHEAD NO SCALE ANO N.W Y. l °OIL•' ELEVATIONS ARE REFERENCED TO NGVD. N.e . SURVEY OF PROPERTY AREA I 35,112 SO. FT. B 6Yep° or 0 8061 cc. to tie One /e 5r• W' AT SOUTH OLD TOWN OF SOUTROLD CERTFELTJOSEO, LEAKY SUFFOLK COUNTY, N.Y. MICT�EOF NEW yD NANCY KELLY LEAKY ->°a•I.wrq, N,y FIDELITY NATIONAL TITLE INSURANCE 1000 064 03 04 v COMPANY OF NEW YORK ( 20447021 SCALE 1' • 30' i 4uq. 30 1994 Mal 8.YG00 Ial6luMS) x-ro.75 ,rel«.+pan., AX 10, 2000 (rsrbloR I d 0. 48618 /I.2i•ss rt w.°Yrs Oo- wrarElowr,ImBn 163Ia765 - 5020 FAX(6311 765-1197 LOT NUMBERS REFER To."SUBOIYIBIUN YAP v OF Td1YOFB. ESTATES'F6LED WAY 10- 1121 ' ANY ALTLNAnw aR ADLVTA7I TD IM SUVWY 0 A t�yp�,.. • TB 3 f BOrI n 9 \ OF T AS M SECC ito O. ALC.07p1rI u>r7Glr N BY GEOscIENCE A"�OR MAID � 9/28/95- 2,00 PM.* SN71-Tnwm APPEARS o °! ADMIN feLY To CCBR.r NTN SAO LAW T1E TAirf ALTEIE01 Or DAM 7Y LOAM far►�Ay1NpY�A L T A/ AMYAND 8 '9R01I91T-TO-0ATE'MF NOT N #M��• I MOBNLOA '3a SLT •JO. NOTE' J. F SUBSURFACE SEWAGE D DISPOSAL SYSTEM DESI 4PALE � BY� JOSEPH FISCHET m O O ,J •7 HOBART ROADa"NEW D FUE TO. o O SOUTHOL D, N.Y.! 10 > •Q ow To Seo. N� r5/6) TES-2954 .� � u.i• �'ATlR IT - -o T O O PALL tR � �' S ��• \ L� -4 L yi.• D IT SAM All)� py o" C Ln HIGH TfOECALCULATION FOR 9/26/95y 1 4,. 6 r NEW LONDON HIGH TIDE + ' • • AT Ilz 26 PLUS CORR. �G OF 0144 PLUS 0100 Q t ; /]' J • q + 1412 OR 2'12 PM Y / L [o•[or w[nra °. y 0 VIP ° +•' J 9 sL A, 'Eloll B IE 11 `?. s bp•� .°•F bo t • y O ii. 3 s� • 9 - M ; V �•iia r.J_�... ,. .�..y..�.....y.�,.: f � ' � � .. 1 / 4t• �� Q / tNi[-0 llb N 0 h t•• [°� `t n" Prose _ .y. o •• y. 9 .I w4 fr � y0\ t•� A.r." �fi ST i� +i C.P. ..•.r 7 NOTE TrE LINE ALONG BULKHEAD , y\ ,yryo9 SEPTIC SYSTEM CROSSEcrioty NO SCALE AND H.W.M. E 'b ELEVATIONS ARE REFERENCED .O TO N.G.VD. k\ 0• d,A*,p, 1 5' AREA + 359112 SQ. FT. .f. N 09'3reo.. SURVEY OF PROPERTY or 0 8061 oc. to tie One tar,s?., W AT SOUTHOLD TOWN OF SOUTROLD cMICHAEL J SE SUFFOLK COUNTY N.Y. MICHAEL JOSEPH LEAKY 1�EOF NEW NANCY KELLY LEAHY 1.rtT�O'P¢ FIDELITY NATIONAL TITLE INSURANCE 1000 - 064 - 03 04 9 COMPANY OF NEW YORK * 4 2OnTOz 1 SCALE !" 30' May 932 0094 10"NNw! .-ro-9S s•P/.��Isrr�, JULY 10, 2000 f FOV91M 1 4 �• 0. 496fS ro-3-a? TEST/G7a AD= CONK W V C. (631) 765 - 5020 FAX (6311 765 - 1797 LOT NUMBERS REFEA TO ."SUBDIVISION MAP OF PDUNOFRS ESTATFS " FILED MAY 10. I927- EKISTIN(S- &W/uTE NPS.Nw.as.lw ww.Nww.wN+ 4 Pww P .INP .O_.A•AP 15, `at' .fin �[ ���.' 9�F i[ [�KLMR,% DUSTIHEc- JW 4Y� MLO .r Pi HRACrMITes 1 EaSnN19•• WOO LV Y..,, rV.i'S�MIF{fk/1 i� : �®�'/ RMS ICTIYrtI.N�.CwI��SL,� tU+ r i �'�" � � Yv�' 3-J7TNf Y70Ea"aptW1EF� � �� O Al i8ttt71�iiSit['"iihi'rdi�flL.. "}��,fS InJ2U1WFJS Qi pais' TBCR�D II•IG NPJ.1 ruRwetrar., J/ r / Ho-W;:.v 7 6"'�' e`E�'i�dl "Gii�s"lu TiD SItCN(CIE$ ECr PLAN i 1 i �IST'o, Ntie Pr)_ICCM�.wVw-a'+� u SS.STTT v 047 / lit PQUP®lp-T ��P®t!R�hY "bs5 •Z.$' ( 1 ; Y'• IVK'BS _ .. 4 Jr- is�i°a��t�i°p316isoo Y 'D ": /IT A L� W LINE Aw1141997 M COCI!)OMa/m CIPBOHILY.YMf � MOIE:Tl gQRQ�RW ROfl�Y® Ib11M RAM 1wI�WID 1E /PP VMMl1CCCIMgP0WM ALV) wo asvn®wnlpyOJ[YOcsanTMsauerwvewlY. NVMM-I4iONOLVMRA INiM nc�PIANV QaI IIl�sunvwlevlxnaN aCI6aFm I -ICCNL1fow 11NE lrlra NOCVIIMR 9CI1TIIalD TRRRTQS Vll II2IM ` • • Town of Southold Planning Department Staff Report Project: Standard Subdivision for Battaglia Preparer: Kristy Winser, Senior Planner Date: June 01, 2009 I. Site Plan Information Site Plan Name: Battaglia SCTMN#: 1000-64-3-3 Street Location: 1720 Hobart Road, Hamlet: Southold Type of Subdivision: Standard 2 lot subdivision Zoning District: R-40 Property Owner: Joesph Battaglia Applicant: same Agent: Pat Moore Site Plan Prepared By: Nathan Taft Corwin III Date of Map: May 28, 2008 Date of Submission to PB: November 3, 2008 II. Description of Subdivision Project Proposed subdivision Type/ use: Standard / Residential This is a standard subdivision to subdivide 95,846 sf into two lots where lot one is 41,280 sf and lot two is 54,074 sf in the R-40 Zoning District. As part of the review of this application, it was recommended that the wetland area be verified on site based on wetland maps and aerial photographs and depict them accurately the plan. Lot 2 now reflects the amended lot area that will need to be verified by staff. Ill. Site Analysis SEQRA CLASSIFICATION: Unlisted action — uncoordinated review Present Land Use: Residential Existing Structures: Single family dwelling, accessory buildings Depth to Water Table: 11.6 ft. Source of Water Supply: N/A Significant Trees on Site: yes but, they have not been identified on the plan Staff Report Page Two June 8, 2009 IV: Permits and/or Review Required From Other Agencies • Southold DPW, curb cuts • Southold Fire District • Building Inspector Certification • Drainage review from Town Engineer • LWRP review for consistency • Board of Trustees • DEC • Health Department V: Staff Recommendations - The Planning Department has completed its review of the submission and recommends for the Planning Board to consider requesting the following missing items be submitted and the following actions be taken prior to sketch approval: 1. Request for the Board to consider conditional sketch approval with the following condtions, a requirement for further review of this application: a. Submit a Preliminary Plat plan application package to include Preliminary maps that contain the following revisions: a. Show the amount of clearing for each of the lots pursuant to Section 240-46(C) of the Town Code. b. Show building envelope with setbacks from property lines. Designate front, side, or rear yard and have dimensions reflect the setback designated by the applicant. 2. Submission of a letter from the New York State Office of Parks and Recreation and Historical Preservation (OPRHP) advising as to any archeological and historical significance. 3. Six Draft Preliminary Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. (1) Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. Staff Report Pane Three June 8, 2009 (2) Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: (a) Fire wells or fire hydrants. (b) Topographical contours at an interval that will accurately depict the slope and contour of the site. (c) Drainage calculations and design indicating all drainage structures and locations. (d) All existing and proposed easements indicating width, area and purpose. 4. The following conditions of the Board of Trustees permit need to be stated on the plan. a. Haybales with silt fencing along 10 foot contour line. b. Show 30 foot non-disturbance highwater mark. c. Identify significant trees on site and identify which are to be trimmed, removed or to remain. d. As part of the subdivision, the applicant shall maintain run-off on site by installing gutters, leaders and or drywells. V: Materials to aid in review • Aerial view of property 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. 1. Name of Subdivision 2. Suffolk County Tax Map# /Dc)O 3. Hamlet 6 4. Street Location t7 bd� f Al w�-I 5. Zoning District /2 - 310 6. Date of Submission /O /1-- /U 7. Sketch Plan Approval Date -7" /-/ 07 8. Preliminary Approval Date 9. Number of Lots Proposed 10. Acreage of Open Space/Reserved Area N/ 11. Affordable Housing Units Proposed A//,A 12. Percentage of Affordable Housing /V/f� 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. NSA 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. �^^ �!�> - . ter flat G��wCcvci �mi� ldr3rruoinrc-� of /mGevuioys �KV.V i J �H/J L-�'K-�_Lci JLC!-Je[ T9- `i'C //YIXfMR�L t�LNX� 1 � 15. Application prepared by/ owner agent [] other Signature of Preparer ( L Date to 16-- (0 �gpfFU(,�co MAILING ADDRSW PLANNING BOARD MEMBERS h�0 Gy P.O. Box 1179 JERILYN B.WOODHOUSEC Southold,NY 11971 Char H OFFICE LOCATION: O ,,II.. Town Hall Annex WILLIAM ILLI H J.CREMERSL EDWARDS y_7�.( ���� 54375 State Route 25 KENN (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY GEORGE D. SOLOMON 1�eleplionee s3I 99"0" Fax: Fax: 631765-3136 yp PLANNING BOARD OFFICE ! p TOWN OF SOUTHOLD -- OCT 1 9 :"1 Application for Preliminary Plat App vA-t APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision 1J _cam 1�-t 5�,kX{c , S !0, 2. Suffolk County Tax Map # ( CSC)0 3. Hamlet S e��C �� 4. Street Address/ -72-0 Project Location /n/1 / 5. Zoning District /2 — 7 6. Date of Submission a-7 7. Sketch Plan Approval Date 8. Acreage of Site 9. Parcel Yield ,Z 10. Number of Lots Proposed a. Number of Affordable Lots Required: i b. Number of Affordable Lots Proposed: 1 c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: r 11. Acreage of Open Space 12. Percentage of Open Space 13. Range of Lot Sizesl 14. Average Lot Size f 15. Private or Public Streets 16. Length of Road(s) N/iJ 17. Acreage of Road(s) &4 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. i(7v C��c4 yrs - �tT .�z e?°rt- 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or other agencies? Please list other applications which are currently pending involving this project. If possible, please provide a plication reference numbers. �fac�=n - 20. Application completed by [ ] owner [} agent [ ] other fF Signature of Preparer Date ppg�FFO(,�c MAILING ADDRESS: PLANNING BOARD MEMBERS �.��V OGy P.O. Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair ap OFFICE LOCATION: RICHARD CAGGIANO Gy • �� Town Hall Annex WILLIAM J.CREMERS �O! �.a� 54375 State Route 25 KENNETH L.EDWARDS (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY Telephone: 631 765-1$3, Fam 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Sketch Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning,Board for SKETCH APPROVAL for the subdivision described herein. 1. Name of Subdivision �c 0�� � �0. a L of S U 6A�V,s t o-V% 2. Suffolk County Tax Map # ( (300 , �4 - 03 - O3 3. Type of Subdivision Standard [)(] Conservation [ ] 4. Hamlet QSOyc+ho 18 5. Street Address/ 172D Hc�ha(i- KOCAd �1'y)(Itlolcl Project Location 6. Acreage of Site QST � c} (v �3a-rn L.�t 1 7. Proposed Yield LcE 5 LF to tto use I-cf 8. Number of Lots Proposed 9. Zoning District 2 - 4o 10. Date of Submission M - 31 - OQ, 11. Please provide the names, addresses and phone numbers for the following people: (� Applicant: Soc c,�1 de ids LJa{�c� iq �c�td 'AD r, n9 t10-✓loM, t`�+ 1 1 -7 aLf�;23 \��� 631- Oy - �% Agent: SLo2o rncetn a(3 ��XAA17) I A N4 l l y 1 I Zfn) - 14 33� z-� Property Owner(s): }� Surveyor: NC4ig(.A n 1 cJ+ Ca f v! .�ZZ 12ai I�ck� lure, Pnf3e�c 19'31 Engineer: i M Attorney: -C>a- C_ 12. Has an application for subdivision ever been filed for this property? If so, please indicate when and whether of not approval was granted by the Planning Board. No 13. Has a pre-submission conference been held with the Planning Board? If so, provide date. No 14. Has the owner/applicant met with Land Preservation? If so,provide date. N C:> 15. Is any part of the property in agricultural use? N L) 16. Is there an existing or proposed sale of development rights on the property? N o 17. Does the owner own any adjacent properties? If so,please indicate the properties by SCTM#. N 0 18. Are there any building permits currently pending on this property? If yes, please provide permit number(s). L-�►.i��n� S�yc�clre_s 19.The site will be serviced by the following special districts or utility companies: Fire District 10 c� Post Office k _ School District ��c t�9lnotC3 Water SC,W A 20. Has LIPA or Keyspan been notified of the proposed subdivision? If so,please provide proof that service will be provided. N 0 21. Pie ise indicate the type of open space proposed and how it will be managed? (J rtiJ cid — 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? t o -kz d a bia ,..a Vara *0 be de vti,,ac� Cti P2 ct7ts �sYlZ 23. Based on the parcel yield and the affordable housing requirement of the Town Code, how many Moderate Income Family Dwelling Units are proposed? If the number that will be built is less than 25% of the yield, please indicate how you intend on satisfying the requirement. 24. Application completed by [ ] owner P,agent [ ] other Signature of Preparer / Date Joseph& Heidi Battaglia 2 Wilton road Cold Spring Harbor NY October 14, 2008 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Joseph & Heidi Battaglia hereby authorize you to make any and all applications to the Southold Town Planning Board, Suffolk County Health Department, New York State DEC and any other necessary agencies on my behalf regarding property located at 1720 Hobart Road, Southold, New York 11971 (sctm: 1000-64-3-3) Very truly yours, Jo attaglia 0 , C AeiidiiBatta lia All VL LCA NT • TIIANSACTIONAL DLSCLOSOIJR COIU( The Townof Southold's Code Of Ethics Prohibits conflicts or- - interest On tile part of towel officers and employees. The Pur ose of this form Is�to.provide Information which_call alert the town ofosslble conflicts of Interest and allow it to takewhatever action is necessary to avoid same. YOUR NAH ?_ ti A ( (Last name, first, came, ml<dle Lrl tea 1, unless You are applying In the name of someone else or other ent Lty, quell as a company. If so, indicate the other person 's or compo n y 's same . ) NATURE OF APPLICATION: (Check ati. (;l,at apply, ) Tax grievance variance _ Change of zone Approval of plat Exemption from plat or official map Other --- (If "Other, " name the activity. ) Do you personally (or through your company, spoons, wib.ilnq, Parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" Includes by blood, marriage, or business interest. "nuttiness Interest- means a business, includi.nq a PartnershlP, in which the town offile cer or empoyeItas even a partial ownership or (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES No If you answered 'YES, " comp Le Le the balance of this form and -date and siqn where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or. employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her sponse, sibli.nq, parent, or child is (check allthat apply) , - A) the owner of greater than 5% of tile shares of the corporate stock ofthe applicant (when -theapplicant is a corporation) ; D) the legat or beneficial owner of any interest 1,11 a . noncorporate entity (when tie- appl leant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual appLicant— ' DESCRIPTION OF RELATEON5111.11 St hml Ltell this 1-d _day aWall/ -I-4H-_�(8d� Sig,Innt lre �__� I`r I i • Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer 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 action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-64-03-03 (Battaglia) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals ❑ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form Nature and extent of action: two lot subdivision Location of action: Hobart Road, Southold Site acreage: 95,846(upland) Present land use: house and barn Present zoning classification: r-40 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: Joseph & Heidi Battaglia (b) Mailing address: c/o Patricia C. MooreEsq. 51020 Main Road. Southold (c) Telephone number: (631 ) 765-4330 (d) Application number, if any: _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ❑ If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section 111- Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate) The parcel is four times the size of surrounding properties. The area is developed with 20,000 su.ft. Lots and this parcel will contain two conforming parcels. The two lots are wide and contain no slopes. The waterfront is on Town Creek which is a well established residential arrea. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion of appropriate): Parcels has been developed since the 1920's- no known historical archeological resources Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): no visual impact, parcels already developed with a two story house and a two story barn 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 ❑ Discussion (if appropriate): the proposed subdivision creates two conforming waterfront parcels Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III- Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): subdivsision will incorporate best management practices. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): no impact, already developed parcel 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 ❑ Discussion (if appropriate): no adverse impact to air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section 111-Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): _One lot will not generate significant waste Town of Southold LWRP Consistency Assessment Form 3 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 111- Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): private property with existing dock built prior to DEC or Trustees jurisdiction WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): residential parcel located on the water Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111-Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): parcel is conforming size and developement will be mitigated on vacant parcel by use of drainage structures existing two stroy barn has no drainage Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Discussion (if appropriate): Residential parcel, this parcel may have been part of a large farm tract prior to the 1920's when Map of Founder's Estates was developed in 1927 Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes ❑ No ❑ Not Applicable ❑ Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): existing house has inadequate energy standards and new house will conform to current regulations. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 • 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 effec on the enviroiment. Please complete the entire form, Parts A through E. Answers to these questions will be considerer as part of the application for approval and may be subject to further verification and public review. Provide any additiona 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 involy. new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION O� H e.L cA't LOCATION OF ACTION(Include Street Add(ess, Municipality and County) �y ( -7a0 �itrr d t tC 1c� BUSINESS TELEPHONE NAME OF APPLICANTISPONSOR ADDRESS STATE ZIP CODE CITYmO BUSINESS TELEPHONE NAME OF OWNER of different) ( ) ADDRESS STATE ZIP CODE CITY/PO DESCRIPTION OF ACTION G ho-u "_ wUvvcl kUrSro-r 1�)ctitz✓E-�cr.t �a,v�e1 �n��revc�l wrti., LoAcA S'�T`� �cNr1 Ivti}-c; `i1r''b �c>rVc e 1s Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed Ind undeveloped areas. 1. Present land use: ❑Orban ❑Industrial ❑Commercial Residential(suburban) ❑Rural(non-fare ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: 9 y V4 6 acres. PRESENTLY AFTER COMPLETION APPROXIMATE ACREAGE acres acres Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) S �S acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres acres Water Surface Area Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces • �� acres _0 /0 acres -- Other (Indicate type) acres -- acres s on project site? SYS ✓cu•/ 3. What is predominant soil type( ) % Of site a. Soil drainage: 9)Well drained ry o % of site ❑Moderately well drained ❑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 t Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes )qNo a. What is depth to bedrock? (in feet) 2 r 0 5. Approximate percentage of proposed project site with slopes. 00-10% 00 % D10-15% 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Dyes )No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes %No 8. What is the depth of the water table? 1L, to (in feet) 9. Is site located over a primary, principal, or sole source aquifer? IXYes DNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes *0 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes I%No According to nncr�z Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) - ❑Yes INNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes 'WINo If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes )SINo 15. Streams within or contiguous to project area: /V/,l a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: /Le<a! rxrrlucsli a. Name TD&VV �/Zek b. Size (In acres) -f*"a-PG 17. Is the site served by existing public utilities? EXYes ❑No 7� a) If Yes, does sufficient capacity exist to allow connection? WYes ❑No b) If Yes, will improvements be necessary to allow connection? Dyes KNo OY-15fz�eJ 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 3041 Dyes i)�No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 'oYes ❑No ' 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes 1QNo B. Project Descrlptlon 1. Physical dimensions and scale of project (fill in dimensions as appropriate) `"y� a. Total contiguous acreage owned or controlled by project sponsor�_ acres. b. Project acreage to be developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped BOO acres. `50%r r � d. Length of project, in miles: N/'A (If appropriate) e. if the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces existing y ; proposed V g. Maximum vehicular trips generated per hour h� (upon completion of project)? �'*C C'c eA4frf urk h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 1. Dimensions (in feet) of largest proposed structure 232 height 60 width; 60 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? Z Z ft. 3 2. How much natural materi�(i.e., rock, earth, etc.) will be removed from the site? tons/cubic yards 3. Will disturbed areas be reclaimed? Dyes ONo '1XN/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONo c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No aua �0A 'L 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. S. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes I%No 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ONo 8. Will blasting occur during construction? Dyes *0 9. Number of jobs generated: during construction /o; after project is completey 10. Number of jobs eliminated by this project N/9 11. Will project require relocation of any projects or facilities? Dyes �No If yes, explain 12. Is surface liquid waste disposal involved? Dyes lytNo -- a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13, is subsurface liquid waste disposal involved? Dyes NNo Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes JtN0 Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes ONO 16. Will the project generate solid waste? ( Yes ONo a. If yes, what is the amount per month • !5C tons b. If yes, will an existing solid waste facility be peedd?` �jYes ❑No c. If yes,.give nameIti —�—� — % location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? )i'es ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Oyes *0 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? Dyes XNo 19. Will project routinely produce odors (more than one hour per day)? Oyes XINo 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes &o 21. Will project result in an increase in energy usKYes ONo If yes , indicate type(,) 1;?e4` 22. If water supply is from wells, indicate pumping capacity �� gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? 6Yes ONo If Yes, explain 6,& !;z 'Uo PXty 4 2S. Approvals Required: Submittal Type Date City, Town, Village Board ❑Yes �No City, Town, Village Planning Board WYes ONo of Lv{ Subelw+slor // o8 City, Town Zoning Board ❑Yes NNO City, County Health Department NYes ONo a 211l Sc/,alGnsri %� pg Other Local Agencies Dyes IgNo Other Regional Agencies ❑Yes ®No State Agencies QYes ❑No Federal Agencies ❑Yes 64N o C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ,[ Yes ONo If Yes, indicate decision required: ❑zoning amendment Ozoning variance ❑special use permit 381subdivision ❑site plan Onew/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? / 47—", 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 02 ZaAl 4. -What is the proposed zoning of .the site? N/A S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? a Laf; 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a 1/ mile radius of proposed action? �o"Z L'a Xy Acr ln1 - .P .Ls-r 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/ mile? J9Ye5 ❑No 9. If the proposed action is the subdivision of land; how many lots are proposed? oZ a. What is the minimum lot size proposed? ly - 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? Oyes XNo 11. Will the proposed ac ion create a demand for any community provided services (recreation, education, police, fire protection)? Yes ONo a. If yes, is existing capacity sufficient to handle projected demand? NYes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes JWNo a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ONo 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. Applicant/Sponsor Name � ^ a j` ` £ Date Signature Title If the action is In the Coastal Area,and you are a state agency,complete the Coast Assessment Form before proceeding with this assessment. 5 D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated withyour proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow,water use. L�sh„� Z 5A ,7 "L� , tj alaM 2. Indicate the source of water supply, nearest public water main, nearest public well field, and adjacent private wells (if known). `/a/ „t 6a �o�bl�<. 50!04 3. If public water supply is proposed, indicate the ability of the water utility to provide water supply to the project. Provide letter of water availability or detailed explanation of status of review by water utility. O-c2.�rc" .4 � i.aricAi AVL7`e 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. 5. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include,but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of"natural' stormwater management practices (grass swales, filter strips, created wetlands, etc...). e. /� -4,�I-z; E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name) Date // le 3/c�j T Signature Title C Zr If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 0 0 fjF SO PLANNING BOARD MEMBERS �O�� Ujyolo MAILING Booz1179ADDRESS: MARTIN H.SIDOR y Southold, NY 11971 Chair N OFFICE LOCATION: WILLIAM J. CREMERS OQ Town Hall Annex KENNETH L.EDWARDS6q 54375 State Route 25 JAMES H.RICH III DONALD J.WILCENSKI I�CQU (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: November 22, 2011 Re: Checks Please process the attached check to revenue account 132115.10. It represents the Administrative Fee for the Battaglia Subdivision. Thank you. Project Name & Type Tax Map # Amount Check Date & Number Battaglia Subdivision 64-3-3 $2,000 #4299- 11/8/11 Aft LR r , �"#� � s s..s z .€�,„ "ter � � �"#b}rca "y-•yt� � . �itigold° IISS; Ct�t '.'. { 7 OIif�ByNEng4gMpfl�BpH��♦pEci' M�AS6I�PEOIMPAflK�,ftN�Y1M2p � Foryzt7(�j� SLit3 W, : w 1:0210000891: 6633459911' 4299 MEMORANDUM To: Accounting From: Planning Department Date: October 20, 2010 Re: Checks The referenced subdivision application has been accepted by the Planning Board and the attached checks may be processed to revenue. Thank you. Project Name & Type Tax Map # Amount Check Date Battaglia Subdiv. Final Nat 64-3-3 $500 10/19/10#8896 Battaglia Subdiv. Park&Playground 64-3-3 $7,000 10/14/10#6832 Atts. LR ` •rm t?i raj ! t fr�z �i .mow `t��i`;, trx'" zr��rz�*'t��� rte* � �; ja>< II tv a . r � 4 et. 'a epi 9 t' S si, •. d 'T t _^u a Pyr � ': F "• no TfACs « F7 %�/4,, P�-r93 M �� 3 n•00889r, 1:0 2 14079 12 1: 2 2 40 1096911' 006832 UDsaN(.-oz S5-729112212 G S B' A,N R DATE fgATiMR HILL Vas,53345,MAIN Ru,$ou'rnouo,NY.11971-0635Y TO THE @p SER OE' 7 OCIC1.00 DOLLARS , K ltll4+ Subi N� r ¢ .,r_ ,nn,uRf_ i P 68 3-2�i' �.; 2 1 2 7 23161: 2 2 11 1 0000 9ai" 1 • • MAILING ADDRESS: PLANNING BOARD MEMBERS pf so P.O.P.O. Box 1179 MARTIN H.SIDOR �Q l� Southold, NY 11971 Chair T OFFICE LOCATION: WILLIAM J.CREMERS y KENNETH L.EDWARDS Q Town Hall Annex GEORGE D.SOLOMON �Q 54375 State Route 25 JOSEPH L.TOWNSENDI�C�Un l,i N (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 PLANNING BOARD OFFICE Fax: 631 765-3136 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 Name & Type Tax Map # AmountCheck Date Battaglia, Joseph & Heidi 64-3-3 1,000 10/14/09 LR • MAILING ADDRESS: PLANNING BOARD MEMBERS OF so P.O. Box 1179 MARTIN H.SIDOR �Q� Q/_ Southold, NY 11971 Chair 41 OFFICE LOCATION: WILLIAM J.CREMERS N N. Town Hall Annex KENNETH L.EDWARDS 0 54375 State Route 25 GEORGE D.SOLOMON Q� (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCOUn 1,a Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: October 19, 2009 Re: Payment Please deposit the attached check into the deferred account. Payment is for the Standard Subdivision Preliminary Plat Application Fee: application not yet accepted by the Planning Board. Applicant/Project Nome & Tax Map # Amount Check bate/No. Type Authorization Code Battaglia, Joseph & Heidi, Standard $1,000.00 10/14/09 -#25278 Subdivision 64-3-3 i ,J , ~ . 528 *! x` k7 AmtLI PONp; UTA BQOYANC. 80DO M aids ROAD J3ELLM 11790 •1-8210 IT �,.� r s �' "x^4, u � - '+3` a4 � : Dt�A y � '+.. •, 'e a DOUAAS.:.� r NY wV 40 4: 'e �9 4y T {i�• ^# Y . e.4"'br �"3�� 't F'�PV.� ro t f 4• EM +..,ak .. „....�e5.. `� '. bee.. ..Y \. . S ., ,. r{.. •. . .a .. r ... a MAILING ADDRESS: PLANNING BOARD MEMBERS �0`� DF SOUrta�/- Y.O. Box 1179 JERILYN 13.WOODHOUSE 7 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS 7" T Town Hall Annex MARTIN H.SIDOR rn 54375 State Route 25 GEORGE D.SOLOMON JOSEPH L.TOWNSF,ND C (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1836 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: February 24, 2009 Re: Checks The referenced application(s) has/have been accepted by the Planning Board and the check(s) may now be processed to revenue. Thank you. Project Name & Type Tax Map # Amount Check Date Sutton Std. Subdivision Sketch 78-9-54 &78 1,000.00 1/15/09 Battaglia Std. Subdivision Sketch 64-3-3 —1,750 00 10/18/08 LR • + MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 JERILYN B.WOODHOUSE o�apF SO(/j�o Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND C0Vi111 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: November 3, 2008 Re: Payment Attached is the check listed below. Payment is for deposit into a deferred account. Applicant/Project Name & Tax Map # Amount Check Date/No. Type Authorization Code Battaglia Std. Subdiv./Sketch fee 64-3-3 $1,750 10/18/08 #25906 MILL PONt} AUTO BbDd(,A1C: + + « 3000 MfR�EK1� {'1'* • Y 1=&214 �; Y x . 'Y. 1✓ �^ z Y t y t R k t i"Vry ♦ ��A� 2 t P YfY z S ' a r. :. Y KEY AIAP - - --- ��.�..._•..��,.,�. a A° °"N D SCALE 1 " =600' FINAL PLAT OF JOSEPH & HEIDI BATTAGLIA f� alfa SITUATE �Mf _ SOUTHOLD $ 92 o my CAST"RON INLETFRAME AM COVER (FLOC HHART 063518 TYPE 6840) FINISHED GRACE OR fiTHICK REINFORCED CCCOVER TOWN O F SOUTHOLD 'K,1 E SUFFOLK COUNTY, NEW Y ORK s mS. C. TAX No. 1000- 64-03-03 i P AIN PIPE 8OR APPROVED Q" CORRUG. PE U AL ICN SR, yUG SOLID DOME i SCALE 1 "=30' �`° io NEXT uNir a000 PSI o 24) oars MAY 28, 2008 h,L s s o 5% MIN. EINFORCED PRECAST CON JI LY 10, 2008 0 2A2009 REVISED WETLAND DED TEST HOLE BE LINETS FEBRUARY s APRIL 18, 2009 REVISE MAP \ r % JANUARY 10, , 20 REVISED PER ` C D.D.S.TRNOTICE No 1 E� JANUARY RI 12, 2010 LOCATE 2 PAVE TREES TO REMAIN ° oZG, m JUNE 10, 2010 REVISED PER S C D.H.S NOTICE No 2 nP, \ v m SEPTEMBER 30, 2010 REVISED NOTES CRUSHED 3/4" - 1-1/2" sroNL OCTOBER 17, 2010 LOCATED EXISTING LIMIT OF CLEARING ON LOT 2 vNa+ ] s ALL AROUNDOCTOBER VERIFIED TREES AS SHOWN HEREON TO REMAIN UP ry ° ill t Pt TOTAL AREA = 101 ,022 sq. ff. ;SI TL Y' Faepf \ a \ (TO TIE LINE) 2.319 Co. 1 \\ 0'° A, 3--0" ED LEACHING RINGS 3'_0" \ i 1 2 (min ) I REINFORCED PRECAST CONE, (min) UPLAND AREA = 94,481 sq. ft. O�F l0� l'< \ S.\ ¢ F a000 PSI ® 28 DAYS d R J Et t0d _ \ 0 \\ 5 m WETLAND AREA = 6,541 sq. ft. On SN�Cps yt 0"fiP��P.rEa\ ,,t^\ °q ON a,. 0 WNLR: sCs 1 1 R \ . m Do eorraM JOSEPH BATTAGLIA _ 1 EL. 31.oa' HEIDI BATTAGLIA 11 1 x>=z mss• l\ 28 WILTON ROAD I' a 1 11 I COLD SPRING HARBOR, NEW YORK 11724 LEfOCT 2 0 2010 soG� s � \ x114 1 "O° $a \\•x, m UP .. NG TES �'O y y / AO Bs� A\\ II I I� �cmm� 7. ELEVATIONSEXISTINGARE ELEVATIONS NARE SHOWN THUS TO NI :k .oB DATUM TYPICAL STORMWATER UNIT ° Y�Ao� EXISTING CONTOUR LINES ARE SHOWN THUS: -- - - -10-- -- _ ON / pAtyy' \\ \\ `4 ' r� TOTAL STORAGE PER UNIT = 1210 of En - FIRSTFL°°e / ` n GFL - CAR BE Roan F I til / \ \ (NOT TO SCALE) To - TOP OF WALL y, Rw - eamp aF MAUL O m 6 IP ;m ^P ° ]� J /� T PLOT T ]� r /� J� r Q � I1.n 9 � .9 g THIS PROPERTY IS WOODED TO THE EDGE OF THE WETLANDS WITH OVERGROWN LAWN AREA AROUND HOUSE. TYr 1 �i1L r IJO1 1 /Jt`�lV 'fT5 s�`r✓'f 4.(��*'�'��,�yy}} / � \ T q \ o 3. ZONING USE DISTRICT: R-40. (NOT TO SCALE) �j$> f'S'<✓r el \\ LO1T / x" / 3'° _ ���r A. DRYWELLS WITH GUTTER LEADERS TO CONTAIN RAINWATER RUN-OFF SHALL BE INSTALLED FOR UP 1 'a- / I \ 43,213 SDI. ff. TOTAL v / / ° ANY FUTURE DEVELOPEMENT OF THIS SUBDIVISION. 5. PROPOSED CLEARING LIMITS SHOWN AS AS OUTLINED IN SECTION 240-46(C) OF THE SOUTHOLD TOWN TOWN CODE. PROPERTY PROPELINE \ h, lN`' sl F� \ 41,273 sq. ffl UPLAND (AREA gym/ e n�\1" EXISTING CLEARING ON LOT 2 IS 24,000 s ft. 1 ,940 AREA 20 P6 sqIWETIt (50DI% OF U / / f \ ,59 LANDSCAPE AREA ON LOT 2 IS 2160 BE. ff. (PROPOSE HEARING AREA = 2D,6�36 sq n (srpa of uPuflD AREA) s / ° ,� �, TOTAL CLEARING AREA ON LOT 2 IS Zb,150 sq. ft. (26,606 sq. ft. PROPOSED) \ AV 1 \ \ r$ P �� 3. ALL EXISTING STRUCTURES HAVE BEEN REMOVED FROM THIS PROPERTY EXCEPT FOR HOUSE UNDER CONSTRUCTION ON LOT 2.. , 'y A o 7. ALL EXISTING TREES AS SHOWN HEREON ARE TO REMAIN. `z � N /�\ F, 106. vq 1 II N, �? Lb'E, p� d. STREET TREES SHOWN THUS: AS OUTLINED IN SECTION 280-93 OF THE SOUTHOLD TOWN TOWN CODE SHALL BE PLANTED \ I \\ \\ DO I i 1\ \ \ �/4G\]� I t"l� (��� IN FRONT LANDSCAPED AREA lIII.NAL LOCATION AND SPECIFICATIONS OF TREES WILL BE DETERMINED BY THE PLANNING BOARD. P� I_fi OP \ \\ T sT HOLE \\ N`�Pi \/ nax \ 1 \ \ 19.4) s 2 \ \ f e°SI o / Y ' 12,-0„ ,— Z \ lIJ' .9 �G \ I% \ \ ev`\ x is e Y\ v\\\ I 11 y x lo.+ \ \\ \ x o,yollt ° '°" / - _- I-TEXTUREDRPENDI BROULAR FINISH 01 OL PERPENDICULAR TO SLOPE BUILDING N°°° t9 \ NI, gC` osf0 a ° ' \ / \ x s x \ o. I Roe /EYE \ \ S \ x ii ROD, Z� MIT y o a O -- _ osEPTIC V A 9 - '— - mmm TANK D' 1 ,9 � La ' os � .✓l' ' c 1 t ='----- --� for LEACHING \y .CIL_. '/� \ \\E/ \ 4y (� y, MIN. REI POOL / \\ \\ \ 4 O Ti. 1 1 L T 2 P�� cC \\ �i� \ \ x / 5/,809 sq. ft. 'OTAL PBA' y g < x 53, 08 sq. ft.ENUPLAND ARE ROAD /�/ \ \\ \�O/ C\ \ / / I 4.§bl sq. ft. WETLAND AREA wJ \ \a S • LJ 15'1 IA ,PROPOSED CLEARING AREA = 26,504) ON f \ ° I. \ \ \ 50% OF PI,V\C AREA) o pA1 / // ALP° 11 A� 2.-O.. T1PICALQN dowr lI•5�,2•, \ \ �nF`,/ \ , � .,s.z poR xLBO ' a °"• �I 110 PLAN N,20y\ \ \ I\ __ - N F FLOW LINE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES \ °eq(, N \ x \\ � \ \\ x \ / res 1') 4� - F f .r� p \ 130 / I ] {^ T HAUPPAUGE, N.Y C3 \ \ \ �'h'° `' IN g \ — — \ 0 P / AGF, E%P. dT \ \ 2�yY�� \9 \ \ d / 106 4 �sFli 76" � �\\ xlaa IRs. � `� k"v \ �i \ \ oNOMa a / o° Mk Date LST 1 \ �9i\o\ \ °p sEz / \ �IS STEN SECTION 3-8 B 11 -- _ N 2p \ D J ��a � I 0+ i 7 1j" 4)E FAL 114)"/Fr This a to certify that the proposed Realty Subdivision or Development Y > A,• \\ \ \\\ I a0� � � �B+ JLJ \ ° s6 for in the y1T —O_ 'EST s \, �s Ruv`""' �6" REINFORCED CONCRETE flUB with a total of tat was 6 S N. \• W SO / i F' \ \ B Y �+n1•ir• 2" \ 3500 PEI AT 26 DAYS AIR .,proved on the above date. Water Supplies and Sewage Disposal ` I l 6 2 \ \ \ x1P9 Hy yS Rte/ \ A�• STEEL FEINFORCED NETTED WIRE Faalhbes must conform to construction standards in effect at the time V •(Q si \ \ 0 '`a MESH, 6'a6" -�'6x/jfi .f construction and are subject to separate permits pursuant to those Q' AL �¢ \ µ.��. / / hw°GA ` `COMPACTED SUBGROUP sto ndords This Uppmval shall be Valid only If the realty subdivision/ %ZEpW / (�/ i — e aevelapment map is aur filed with the County Glen, within one your \ �m Noe Eo / �- / /i x SECTION A-A Of this date Consent is hereby given for the filing of this map an \ Pd SHS which this C'SoL oomoln I hereby certify that the water supply(s)s and/or sewage disposal s stem s for this project accordance with the appeon IF me orrice 4)r me County Clerk m Y Y PP i I / 9 P Y O P 1 provisions of the Public Hemet Low alio the were designed by me 4)r under my direction Based upon a careful and thorough study of '4ae \ x�s '�, / / / r° 1p \A\ CONCRETE DRIVEWAY APRON rialk County 5anaary DDde the soil, site and groundwater conditions, all lots, as proposed, conform t° the Suffolk County /� f'% ��'� ��� / / / ¢�.v° °'4A % Department of Health Services construo" °h i / / / ° °A (NOT TO SCALE) UP p -Ion standards in effect as of this date. "t / ,r 7 0 Director. Division of Environmental Quality 9f \\ x23 / // P�4. \ _ — 5` C\ 'GS TO THISO SURVEY ALTERATION A VIOLATION OR ADDITION TEST HOLE DATA 6• s• To Trus Supt/ r ,s A vNEW YORK of 3s \ o\ _ — — EDUCATION /zoB 4)F THE NEW YORH STA CUUCATION LAW (TEST HOLE DUG BY McDONALO GEOSCIENCE ON JULY 3, 2008) /, \ _ _ COPIES OF THIS SURVEY MAP NOT BEARING May 122' ✓(� \L� „ ' J'N°� EMBO SCD SEAL SNOTBE SURVEYOR'STHE LAND INKED OE wEICONSIDERED CAPE S+ND k GRAVEL \ T,OEI TO BE A VALID TRUE COPY Os' PROPOSED SEPTIC SYSTEM DETAIL f°F °"'s•1NG p ' 4�C°GNGCO"NO 1 _i\ ?1 ?1 CERTIFICATIONS INDICATED HEREON SHALL RUN (NOT TO SCALE) til \yff �.�, AS� �QN _ —rte t3 ti� 4,Or J ONLY TO THE PERSON FOR WHOM THE SURVEY BgawN CUT ML 9 / \ - i £rte — — '1 y 11 'O �``� (1° Is PREPARED, AND ON HIS BEHALF To TEE F i VSA` 9+ \ �i�.— — 1 IF qJ' ��� (� c `\ J- TITLE COMPANY, G°VERNMENTAL AGENCY AND 3' 4. \ q�O�, O ///��� LENDING INSTITUTION LISTED HEREON. AND FINISHED NAVN ,�ps.W y 3 oe O ♦ (L O TO THE ASSIGNEIR OF HE LENDING INSTI- ELW Jd.1 av'R °y / gF' O Q \ 4 h TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE PRECAST RaxFORCE coxcRErE cwEH EisH GRADE N lei_ $dB O / .) 5 \1 P'[, O 0J 0 BUR DO 1' OFEP min ]' GEEP mo, 3ftllo LOOKING, WAiEgnGHr 4 INSECT PgaaF ill• , j$ ` "D ( O (y V O �� usr IRON LONER TO GgWE °J� L^Oa° ,J \ LPA'A N^ PQ o4=0' wN vMio FURTHEST LEACHING POOL �,I� uw 4'UPI TOP EL 1B o' OF A 3 POOL SYSTEM 3, rt/ so Op �p THE EXISTENCE OF RICHT OF WAYS PAlE BROWN FINE EP nPPRWEG PIPE Ip"min 3 / j " '+� V\ Y\ \� ~.� tv TO MEDIUM sw0 TOP EL£V .lyp' _ PRCHEB O/DIPI { ' Q y Z C'1 \ / Q 4' O �lA 6 4 Y/ ANQ/OR EASEMENTS OF RECORD, IF wv EL —_ 1- pµ SZ)- v 1y V r0\ G� Ups }' ANY, NOT SHOWN ARE NOT GUARANTEED, m NNET 1 BEEN \��4 r EI£v l]2.e' E. ]toil' j l� SG QCl ^0 AAA E. 4).R' E4°f> • � m ', �O wfiW BpygO rO�� �^, PREPARED IN ACCORDANCE WITH THE Nathan cpDIND WATER 11,5 o S BY THE FOR AMU SURVEYS ST(GL4,y[P �p�S�q'y�g•g ,�• �• Corwin III �O q4{ 6T THE LI ALs AND APPROV •Y ! W Q , i N //q/d FOR SUCH USE BY THE NL ,Q f' ARAID INwhis BROWN FEE SP 90 3 EgEpVaN�p aWATER ; �[„?�p 4 TITLE ASSOCIATION TO MEONM .. •C ' O y �. V. s Land Surveyor SEPTIC TANK (11 h •. J. 1, MINIMUM SETH SINK CAPACTES FOR A 5 BEDROOM HOUSE Is 1500 CAUSES ` 4�O •�L / � �.• � ---- 1 TANK, B DR, LIQUID DEPTH l' _ — ll 2 SONLREIE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF >,000 pet AT se DAYS B wFLL THOMAS EPAR BE A MINIMUM OF l', A TOP TNKCKNNF OF 6' AND A BOTTOM THICKNESS Or v LEACHING POOLS (31 ,-,' Tule Sur✓e - Subdi. ret. - Site PIOnE - COnslructi°n Layout ALL wAUS. 8070M AND TOP SHALL CONTAIN HENFOR TNG r0 PESIST AN APPLE FORCE OF DEC Par �/ Y'S Y n ALL JOINS SHALL BE SEALED SO THAT THE TANK IS WATERTIGHT 1 MINN MMUUM LEACHING SYSTEM FOR A 5 BEDROOM HOUSE Is 400 4)q ft sDEWAT AREA 5 TORE SUFFE TALK Ni BE PETALED AT LEVEL IN ALL OIRECnnxs (WITH A MAX TOLERANCE OF xI/n� LSI 6 'El A. HIS, �y�.,1 ¢' PHONC 631 i27-2090 Fax 631 727-1727 N A MINIMUM ]'THICK BED OF CDMPACrm SAND OH PG GRAVEL 2. LEACHING POOLS ARE TO HE CONSTRUCTED OF PRECAST REINFORCED CONCRETE (OR EOVAL) LI.�ND S` •� / (6.31)727-2090 ) (631)727-1727) 6. A is ,Ain DISTANCE °EIWEFN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED IFARIING STHECNRES, SOLID DOMES AND OB SVHS, 3, OFF [OVERS SHALL BE OF PRECAST REINFORCED CONCpER(4)p EO UAL) 4 A l0' min DIETANLE BE LEFH TCH EAING Pours AND ANTER LINE SHALL BE MAIMAINE OFFICES LOCATED AT MAILING ADDRESS 5 AN B' mm DISTANCE BETWEEN ALL LGCHING POOLS BNALL 6E MANDAMUS iQ Rxnoke York )1 PO Box 1931 UPS L¢ N° 504(1 Rrvarhe°d, New York 11901 filverhead, New York 11901-0965 28-1601 l KEY MAP SCALE 1 "= 600' STANDARD SUBDIVISION OF JOSEPH & HEIDI BATTAGLIA E SITUATE `"° oa9 °xgTn Msm� FINISHED GRADE CAST0 ,IRONCINLET FRAME K REINFORCEO�CO�CERCOVERCKHART x'63518 TYPE 6840) SOUTHOLD ,..y.^i AME' TI[E S # ,..--..nvm..,...:n.,..,,.r_�,...,,..-.n.w-mer•,N. TOWN OF SOUTHOLDAT LS u 11 AT 9P SUFFOLK COUNTY, NEW YORK I ' FEB 2 z010 �I 18•' CORRUG PE DRAIN S.C. TAX No. 1000- 64-03-03 PIPE OR APPROVED EQUAL IT SOLID DOMEhe SCALE 1 "=30' _ _ �Z �eO silo 05y MIN EINFORCED PRECAST CON E' MAY 28, `2008 t. ,�, s TO NEXT UNIT 4D00 PSI 0 28 DAYS �. »�<---- „_„•�,��,a� _- am JULY 10, 2008 ADDED TEST HOLE & PROP LOTS ---- - --. .-.�-.-,...,• . FEBRUARY 12, 2009 REVISED WETLAND LINE APRIL 18, 2009 REVISE MAP �La = JANUARY 10, REVISED PER CUD H S. NOTICE No. 1 C, 10-0FEBRUARY 12,, 20 2010 LOCATE 2 PINE TREES TO REMAIN ti Go yc 9c p m °sF w \ sp CRUSHED 3/4" - 1-1/2" STONE TOTAL AREA = 101 ,022 sq. ft. ALL AROUND \"ct �„ �' (TO TIE LINE) 2.319 cc. e"� ym oa"oa pri\\ r' UPLAND AREA = 94,481 sq. ft. N p1O' 3'-D" LEACHING RINGS 3'_C WETLAND AREA = 6,541 sq. ft. F 111• \\�' \ \ �' \ (thin.) a > REINFORCED PRECAST CONI. ��D�R1g1G�Gd \ \ On 4000 PSI 0 2 DaysI CE - RU An aPtEal \ \ Tr, \ f O., \ o I �\ .I 4 .. `,SEs I 1 6 L311BOTTOM DO- I s . R, - `E o No 1 _oyPC I iy A 4 \a oR 'E IPSO 1 Nvtr` \ D AM \ % l �q m 4 d,\ xi" II `T, °\. NOTES Gmr" O TYPICAL STORMWATER UNIT 1. ELEVATIONS ARE REFERENCED TO N.G,V,D. 1929 DATUM g EXISTING ELEVATIONS ARE SHOWN THUS:s.G P o \ EDF. EXISTING CONTOUR LINES ARE SHOWN THUS: - - - - -tD-- -- - maev / �¢, \ \ \ I $ • il TOTAL STORAGE PER UNIT = 1210 of / QN \ FEE - TEST FLaOR \ \ '� £� (NOT TO SCALE) CFL - GARAGEFLOOR / 1 x 1 9 T.M. - TOP OF WALL �J r/�' T PLOT l� ]' T �I r \ \ p I 9; A eM - OPTION OF wAu T 1 Pl l�AL 1 1J O 1 r Ll'il d ��j�OsiE xs / 1 � CC11p,,� \ I y� L:x VVVV���7 lP 2. THIS PROPERTY IS WOODED TO THE EDGE OF THE WETLANDS WITH OVERGROWN LAWN AREA AROUND HOUSE. �w \ LaT 1 `O I I °,r x29.7 q 3. ZONING USE DISTRICT: R-40. (NOT TO SCALE) ME , / o h_ 1 4. DRYWELLS WITH GUTTER LEADERS TO CONTAIN RAINWATER RUN-OFF SHALL BE INSTALLED FOR I / s 43,213 s I. ft. TOTAL r / m '�; .p I \ q o / I ( I x G ANY FUTURE DEVELOPEMENT OF THIS SUBDIVISION. \, Fes" s/ <� 1•y 47 ,273 Sq. ftl UPLAND TAR EA c�/ / � , 5. PROPOSED CLEARING LIMITS SHOWN AS AS OUTLINED IN SECTION 240-46(C) OF THE SOUTHOLD TOWN TOWN CODE. PreoPEren urvE XN x24 1 ,940 sq. ff. WETLANDIAREA I \ 1s u j • 0� 6. ALL EXISTING STRUCTURES HAVE BEEN REMOVED FROM THIS PROPERTY. \ I I i (PROPOSE CLEARING AREA = 20,61)6 BE. ft. (51% OF UPLAND AREA) o \/ "( 57P 1a a cc \ eHA`v 1 I � A xmi y fts v t;�° �x 0 P ' - : � i goP� \ \ 1 \\ ° Lv "Or \ II \ Po 144x \\ *TT HOLE \ DEM' 0 \ . �.Y A e 199 ss \ �� a Osco "` o f ° 12,-0„ _ AP 9 x yfa o�soRi reEo BreaoM FINISH DO \ \ I \ 9 /PERPENDICULAR TO SLOPE QO4M' ED � \ \ / 1 B \ \ 1 O \ a1 RVILDING ,MO°G l,9„ \ \, 1 " Der ltn S j q •K Qt \ / \ f \ �, 4,8� L{`B�' \ x°-3.\ g 1 / \ \ fG OPN gyp•, x <, s _ ��� \ \\\ T'��' /\\ rL�N \ S \ °N fi 9T vMDCR 6, "W ', rLs,^ o� _ o SEPT NK' rD C]lI' \ \ �T 1 CP A z TANK' 8 s \ \Do. \\ r1^ \ 1 1 \ '` P4 1 VD < aciyC, -- -- --- e D MIN Z 2 POACHING 7.�'.� \ \w i, \jL90 '9"9 \I j�'O 11 \xL i \\' 6' ' a5 hyfC Es m \\ \\ Y(.\ \ I 1Oi^y \ v`cy' �OaCN�^ .- -12 P 13 ROAD \\� ` \�iP \ // // I 1�°xC/ �c L s 3eyj3 \\ v \'P9 s, \ / // LOT 2 �fi° ys\ 7 - - - -il 20,-U„ rPlcn�oN .lover \ , 57,809 sq. ft. TOfiAt- ------ - o �.'• `S9'2 + � \ �cc^// \\ 53,208 sq. ft. UPLAND AREA XO- X07A1`SO PLAN ' `2oy\ \ \ (pRgP ED aEG" Nk`1AREEAq= ft. WETLAND sq L11 AN(DDaA IAZPIAND REA) gFa / Ov e4Ne F " FLOW LINE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES 2 \ ° - \ y x5.3 \\ \ \ " \ Yy l '� rCs 1 42 6 HAUPPAUGE, N Y \ \ '3yfo. ,' — — EXP di 'BIER \o \\ \\ \ c / IDG �T \��L $ `u�v\ 9f \ /m ° X, :,6 Data 0.�; \\.. `A`'�P \ \ \�\ --- - -- - xu.r' za \o" _ "� �� / SECTION B—B \ \ Una\ xT�a\ _—_ — �'t \ // ,\ .�L,f' sQ -- a~ .R / \ \ ° x: \ \ - - -- - �� 'et o 5 vvlN� / i i z3 \\ s� 3' RAMP lie. \ 7 ,f.. REVEAL --\ is m reniry that me proposed reemry sabaN,T,on or Development y \ \ \ e o / e, 6 _ for ,n the \ � / / —� —\ D ` _ � REINFORCED CONCRETE SLAB with a ental of lot was 66, 6 \�\ \ ,�,��u9 T- \ e x E" \ 3soo Psl AT 2e Days Mw. oppmvetl on the above date Water supplies .,it Bewoge Disposal '] \ x>°a 4\"yS H� / \ \ STEEL REINFORCED WELDED WIRE 'OHIitles must conform to Construction Standard, m effect at the time CP -'6'i \\ \ O� 5 / / a�' MESH, 6"x6" -#6x$6 of conslructran End ore sub,ect to separate perms s pursuant to Mase Q' k. 9,F °A a `COMPACTED SVBGRADE emmam6 This apPraeal Bhau be polM any it w, remty eDmIXle,an/ (y \ / L � ' --_\ °V�x SECTION A-A development map is duly filed with the County Cark within one year \ hh / /' / / _ 'Mh,pry \\ of this dote CoKent I. hereby q,ven far the EI,, f this mop on herebycertify that the water supply(s)s and or sewage dis y O project which this endorsement appears the Office of the County Clerk Y pPY( ) / g posol s stems for this ro'ect t D // / / \ SUearaanee A. me pLovle,ons of Me Public Faoim Low no the were designed by me or under my direction Based upon a careful and thorough study of e \ E eo e HaIk GaMntr 6anitary Code the sail, site and groundwater conditions, all lots. as proposed, conform to the Suffolk County ti " CaGs ,�. ��� a / / / ,- - - _ _ ABBE ° ' ��� CONCRETE DRIVEWAY APRON Department of Health Services construction standards m effect as of this date °'A 4° _ / / / / / _ u' sL<\ (NOT TO SCALE) 2j `'e'4 AS 2a,0 EO4vDo \ qk -- - ee IRO 11- A. Mine,. PE �� ' �Hc \\ — � �` �� / GO _ / 7• Director, Division of Ln.,mnmental aamdy iy "ep \� p�6 tis a� ,o UNAUTHORIZED SURVEYED ALTERATION OR ADDITION \ 3`9• SE THIS SURVEY IS A VIOLATION OF TEST HOLE DATA 63S \moo ° - - R` EDUCATION N LA aF THE NEIN YORK STATE •] c eoucanary Law (TEST HOLE DUG BY MCDONALD GEO.`CIENCE ON JULY 3, 2008) 2�+, \ COPIES OF THIS SURVEY MAP NOT BEARING \ q THE LAND SURVEYOR'S INKED SEAL OR LLw 133 -0' WEPJ"° EMBOSSED SEAL SHALL NOT BE CONSIDERED OXEN AMID GRAVEL PROPOSED SEPTIC SYSTEM DETAIL \, _ , ` E°E E"`M'.s,l"` TO BEAvaLID ,nDE COPY. OG GG (RN \ 1 BROWN SIPS ML (NOT TO SCALE) \ I' a0 p5 T O"SUI.--- �3. 4. A J ONLY TO INDICATED HEREON SHALL RUN 4� •� ONLY TO THE PERSON FOR WHOM THE SURVEY l,9 go a5 1\ Sit AN' j1F'`4r G� 15 PREPARED, AND ON HIS BEHALF TO THE • 7 ' 0 2 Q ��, ! t1' ```- .E TITLE COMPANY, GOVERNMENTAL AGENCY AND 9' --- 0 P 4s �� ` y ` LENDING INSTRUTION LISTED HEREON, AND ] 6HL Or _ o O TO THE ASSIGNEES OF THE LENDING IN511- EINHE°aenBE \ ^ p�t5 4J yF, Go q \� Q OCt(rev JAt acb / +-N TUTION CERTIFICATIONS ARE NOT TRANSrERABLE PRECAST REINFORCED CONCRETE COVER Gry•ylo L°LKING WAffix1lGlli Y INSECT PPGOF FINISH GPAGE A/ \\ Mj 30a4 Q OJ LA Q`ftf ACV Lp � `'K'r/ BUflIEO 1' DEEP min. DEEP men 122 A �" O C' 4 0 2 cosi PER cmER To GRAEE 4',j Jr ? a3 .111, d8o �4U v'' -I' \P\1*\ ,v'x QQ� 4 0' Mw. r a,a - FURTHEST LEACHING POOL PALE BROWN ONE 5P APPROVED PI - zD'mm u1rv. a"a10 TOP EL +]D' OF A 3 POOL SYSTEM 1.3 W ^o VV O� 'E' L" �f OF To MEDIUM sono 1' TOR E1ry vie PR�NEEC UE!��. e A •82' 3\\ 4' O`� AD ~�v�4 v ANO/ORAir, THE SEASEMENTSRIOF TRECORLIAYIF 1. EL ]l CUON s,. �. AV r0\ (? Gpwe `v ANY, NOT SHOWN ARE NOT GUARANTEED 13.v ELEv.INjyy 'm` IxvER a cGluR _ r W0°°sr 9\\\�'�',N•i`�,4 FL°w ELry T s. 3'• WO CON, BE - 11 e, eaFFlE #[; C' l� AE ROaRO O --- O4 PREPARED IN ACCORDANCE WITH THE MINIMUM DR, STANDARDS FOR AND SURVEYS AS ESTABLISHED Nathan Taft Corwin III ROWS RMESS 5 r'J A� CR,\O' RY THE H SE AND APPROVED AND ADOPTED V FDR SUCH VSE BY THE STATE LAND B eon a u TATER INPALE BROWN FINE sP _ Lxou [y / TITLE AssocwnON ! To MEGIUM SAND ETV - a£V GAWP •O J O /��O= p }� C, /c OA TCO � Land Surveyor �� Y HCl' •\�t SEPTIC TANK (11 / pp 1 MINIMUM SERIX CAPACITIES FOR A G BEDROOM HOUSE IS 1,510 CALL°NS '/� � '(/Z TANK. G nona DEPTH V " Ou 2. CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE SIBENGm OF Awc Pel AT SE DAYS 1 WALL THICKNESS SHALL BE A MINIMUM OF ]', A TDP THICKNESS Or 6AND A Chrol THICKNESS OF a- LEACHING POOLS (31 Title Surveys - Subdivisions - Sde Plvns - Construction Leyvuf ALL WALLS. BOTNM AND MR SHALL CERTAIN REINFORCING TO Owit r AN APPLIES FORCE OF 3W pal 1 \I a. ALL JOINS SHALL BE SEATED 50 THAT THE TANK IS WRERFIGRE 1. MINIMUM LEACHING SYSTEM FOR A 6 BEDROOM HOUSE IS AM IT fl SIDEWALL AREA 5, TNT SEPTIC TANK SHALL BE INSTALLED AT LEVEL IN ALL DIRECR°NS M A MAX, TOLERANCE OF 21 4 POOLS; DEEP, 5' bo '..l ON A MINIMUM 3'WICK BED OF COMPACTED SAND OR PEA GRAVEL(W / 2 LEACHING ROOM ARE M BE CONSTRUCTED of PRELA5T REINFORCED CENCROE '..T•,;-'-•+Y PHONE (631)727-2090 Fax (631)727-1727 R A 10' mm DISTANCE BERN EN SEPTIC TANK AND HOUSE SHALL BE MAINTAINED LEACHING STRULTUREs. SOUS DOMES ANO/OR SEARS 1f(OR, 3 Am cMEBS SHALL BE OF PRECAST REINFORCED CONCRETE M, EEUAL) "(( ��� 0<I67 OFFICES LOCATED AT MAILING ADDRESS mm. DI PC eE1wEEx LEACHING PEELS AND WATER urvE SHALL BE MuxwrvSD, 1{5�;`�.'�,� s, AT it thio. DisinxcE DEEPEN ALL LEACHING POOLS SHAT BE MAINTAINEDv0, pU 322 RoOnOke Avenue P 0 Box 1931 AND" N Y.S, Lm. No 50467 Riverhevd, NEW York 11901 Riverhead, New York 11901-0965 28-160E! STANDARD SUBDIVISION OF JOSEPH & HEIDI BATTAGLIA SITUATE SOUTHO]LD CAST IRON INLET FRAME & COVER (FLOCKHART #63515 TYPE 6840) TOWN O F S O U T H O L D FINISHED GRADE OR 6" THICK REINFORCED CONC. COVER SUFFOLK COUNTY, NEW YORK E S.C. TAX No. 1000- 64-03-03 18" CORRUG. HE DRAIN PIPE OR APPROVED EQUAL SCALE 1 "=30' SOLID DOME MAY 28, 2008 Q TO �G TO 4000 MIN. EI D PRECAST CON s� NEXT UNIT 5000 P51 ® 28 DAYS JULY 2008 ADDED TEST HOLE T PROP. LOTS tt'� A FEBRUARY RIIL 18,02009 REVISEDWETLAND MAP LINE 01101 TOTAL AREA = 101,022 sq. ft. OLA CRU nF oD 04. - 1-1/2" STONE (TO TIE UNE) 2.319 ac. q S, 00 \ ° `= o UPLAND AREA = 94,481 sq, ft. w IV sF F`ti a \ �. � M .� WETLAND AREA = 6,541 sq. ft. 1 a N �1 N"" fo"peE '^�\\ ^ C] •\ 3._D, - n LEACHING RINGS 3•_0.. o �•�\ (min) a REINFORCED PSI PRECAST DYS NC. ON- F t 1Y1 O \ p O' 4.. g .F 3 N11'�p5A1 ylFi �' . 11.4 \ 1 Sir l \ ELF 31.p0' OM � 1 � "s �� yoOf \ NOTES. I. ELEVATIONS\' x VATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM ee \\ TYPICAL STORMWATER UNIT EXISTING ELEVATIONS ARE SHOWN THUS:fio - .o P Gn EXISTING CONTOUR LINES ARE SHOWN THUS: - -tD-- - - - \ I ge ° TOTAL STORAGE PER UNIT = 1210 cf rFL. - HRsr FLOOR P o \" \ AFL - GARAGE From ow / (NOT TO SCALE) TW _ TOP Or WALL 6.W - - IF - OF WALL F' b \ " �• ;�^ 2. THIS PROPERTY IS WOODED TO THE EDGE OF THE WETLANDS WITH OVERGROWN LAWN AREA AROUND HOUSE. I 1 \ \ e I A �.r ° VVV""" OQm / / \ a I q 3. ZONING USE DISTRICT: R-40. T OI T \/ I °4�Q I xyyi _ 4. DRYWELLS WITH GUTTER LEADERS IS CONTAIN RAINWATER RUN-OFF SHALL BE INSTALLED FOR L 1 ANY FUTURE DEVELOREMENTLIMITS SH THIS SUBDIVISION. 43,213 sql. ff. TOTAL / � I � °�I � 5. PROPOSED CLEARING LIMITS SHOWN AS AS OUTLINED IN SECTION 240-46(C) OF THE SOUTHOLD TOWN TOWN CODE. 41 ,273 sq. ftl UPLANDIAREA 1 ,940 sq. ft. IWETLANDIAREA (PROPOSE LEARING AREA - 20,636 sq. ft. (50% OF UPLAINID AREA) e8 oD/ /z.s \ I \ I \I x 0 In /' `'�`' \•'so ,yd \ II \ 0/x,„ \ \\\ T sr HOLE oho Del . 12'-0-- ------------ \ EaEuo� �urFl i,.aOL I °�\ ` TEXTURED c �TO SLOPE n c �� vv \ \\ V A UP C 's a X AAoea'cm" 2 \ s \ \ \ \ 1 \ °A Cp oo; UT�\ /,,O\o •�j S�, \\ fid: \\ \ / \I M 1 s s \ '6T as 12 - B \\\ \ / 2o \ \\ , \\pi \ l // I Xi/ "°erE \ia�z S a 2,_0" o' PPP S�, \ \\ \SSG / ;�`° ASw _ 20 _0" I- - S ,� J 7T �J o A EXPANSION JOINT ;. / c>O cP mi^9�` \ \el \'f1 m, \ \ / 1JO1 /., c+e TYPICAL 'o, �/� $� pU,0 L^P 3 4�' \ \ v \9 \ / / 57,809 s ft- TOTAL— \ e PLAN CD 8�32, \\ \ Q'cT�/ \\ i 53,208 sq. ft. UPLAND AREA Aje moo;✓ ,.h `SOe LOW LINE 4 607 sq. ft. WETLAND AREA q, /oy °e, Q (PRA,P ED CLFWRING AREA = 26,604 sq ft (5031 PLAIN RFA) Y�� / a t % 1 4' •, 6•• 2 vDO \cb aiLoe\'L� Xfis\ \ \ -- .d2\ Izo41!r / I � � rG EXP JT \I+ w\ \ o, \ // I / rf. SECTION B-B �� p\ \ \ \ "��o'l� Q \ r W_ '( \ \O• / \�\ \� ° e�`Ogp';h\ \ \ � \\� ----- '9i1yX1 SO '0 3W_ 3W_ M / v9 — J— °, 6' 10� \ w.B 2' 3' RAMP 14" REVEAL 6. AO // / 8:0. \ \ _ �.IL..0 2" 3500EIPSI ATm28CONCRETE DAYS MINSIABB STEEL REINFOE 6 ss \\ IGSI� / \ o — e MESH, 6"xfi" -#6x#6 x 6 / V / / M� COMPACTED SUDGRADE SECTION A-A of � /// i //--- 4° nom' CONCRETE DRIVEWAY APRON p f VA. ? y? �c9@ \\ o.-o- -- - --- q / l/ aqP,�, VN1,4 / / UNAUTHORIZED SURVEY ALTERATION TI AODITON g' i0 THIS SIIRVEI' S A VIOUTIDN OF Ay \\� O SECTION 7209 OF THE NEW YORK STATE `K ��I A \ \ !A I EDUCATION UW TEST HOLE DATA SS A � ' _ \ -I .T '� U I l THE HA OF THIS SURVEY MAP NOT BEARING OR (TEST HOLE DUG BY McOONALD GEOSCIENCE ON JULY 3, 2008) �_ �'�� 11n �I❑ — TERil�FAicer ALIO TR INDICATED INKEDSEAL SHAu RUN _ ILII L' EMBOSSED SEAL SHALL NOT DE CONSIDERED R WHOM THE S K fry 1 TO BE A VALID RUE COPY 6N ,13' MIXED sr.rvo k GRAVEL ,0 r'GN'G eVg'yU� _ _— t3, -1, OJ=�� \I� AUG 2 7 2009 �! 1FIELY PARED. ANIN TO THE D ON HON DIS BEHALF TO IHETITLE V� os' 8g \Z 1L — iE„ N �O" oy I(� f (;��.�4' O /� LEN DI NG IINSTNTGONELLIISTED THEREON, AND AL AGENCY AND GN ED OF THE Gnowx SILT HL ,9' — ` LYL ,il, ,p� �j'/4J Q\}Qv(t� 4 /: 4lA M1y / �1 � 1' � TU11NG INSL- ON CERITIFlCATIONS ARE NOT IiRANSFERABLE. -JJ0 .ICY 4.35+22 ,,II. .+�° ,yU V\O�\ 0 �.���v t, n-J`W.,.. ,y „` THE EXISTENCE OF RIGHT C WAYS �,I� ANO, N EASEMENTS OF RECORD, IF 7.3,82, ✓V "off LO ,�\\'Q� p� Q'C w � 4 - ANY. NOT SHOWN ARE NOT GUARANTEED. PAI£ BROWN FINE SP s0. 9Y \' \y\ 0'J �O pA' > To MENI EAHG wpG J S^ Y MaOp D PREPARED IN ACCORDANCE WITH THE MINIMUM 6'yy OARn 5OFv 0' STANDARDS FOR TITLE SURVEYS AS ESTABLISHED Nathan Taft Corwin iii ELry Gfi' 116 J 5 1O04AP FOR SUCH USE BYHE LIALS, ANDSTATE HAEND GROIxo wnlER ' s �' TITLE ASSOCIATIGN. .o,,(,; zoo �EOFNEWYo Land Surveyor WATER INPALE GROWN FILE RIPV+ )7 "N' g.�P ( FTC UR Pe MEOwM SAND 4 4 ^ Y Subdivrsrons - SAN Plans - Construction Layout n' 1 _ � � PHONE (631)727-2090 Fax (631)727-1727 50467 .L'�� OFFICES LOCATED AT MAILING ADDRESS EQ LAND 6V 322 ROonoke Avenue P.D. Be. 1931 N.Y.5 LIc NO. 50467 Rlverhepd, New YGrk 11901 Rlverheod, New York 11901-0965 L- Phi=P,-Fj of �o�E��r � ✓���� e 3� �IA o © o -E0gFr2T 2D 5c. . -r " 00 1000 - 64 - ©3 - 03 OR ����,Eti � t1,• a" = 30 -D P.71-5 T IU LP � � ND • 8 ' 13� u F s��vcr 13J � �'ro lo' PR� n�cC !-I © Ily 7 . %,"H Prole, rL�9 I •V6:• r 6 ' potty �L , lo ' t�VORWA� S�RvGE . ® ao ' blur A� IRg GE�I�R I p pEorJpRq CEDAR O IO , TD Id' GRPrmAp-) A c J DEC - 2 2011 ,1 udm fir � x1{9 1 , • Y� Stoov, �4 a .`. cp X 145 12- "x +o> ! •. • ' Grp"° n°°s.0.p Off" �fi'' /'/ ' , VIN 14, ,,j 01, ff� x ,vfi ++�' 3^ ofAV \ � 09 114 xils Ir 47 x� x 4, \ '� O�j, ry4O q'f /� �v �C P ~C x]{ J2� ,OS9 f1r S6.� a0 31 Y JaL Q \ 41 O 8g \z sbAl 41titiq°� C 2 �v� e 45 79 N \\ 3g �h �91�Cy4ti ati 73.8 � o Poo mos �o F. 4� I I N. Milli.r,< " i Y r S5 era_ �J V frl�/xl ♦J ��cfzS r ,� ' s, ,k� � � ; "��,• — / '(S� CL 5 G(�-5 � h"� '� ' � '� F>>.J�•-s�?aN�s k--R�D11�� SSR EMI,p� '�� 1SnkT'r I _ _ c � �OSt�"Rd'� �5'DS�✓ "y' �t i � i�fl'' a c' �7 ��VIipU1--���'RCI. G�C!�-� � �'" S♦~- _ t 5 W 1 I�'«%+� � � �"yW o�-�j - ' '"' 3' '� Q @Q - '�L�Si F�- t4S 'gO�,<W OOD \ rrpl al n f; ��- 1z'E'Ipae'p Fid-1DIZw>.� r, . ., . Q � GSrP� N�sr� rnl�il <oNr �u°u � M�sHFrx�q �c�u n 3 ���v Yr'.klaDoPFit�P1+-OBJ �-5_'�a'IPct�� '�(�D G�kPF- 1`1`�1z'fLC'-- j � 1 . �,.�;. � � y ,: :� +I� , � 6M✓f%sToU� k-R�I_�DL1J�� , ��h, a S' G I(%1 c lr 1*ctl.t� r✓�.- � �£`, r „�+ ' �j a re :. � r �,yw��.�� � i it v i. �_ C� � , � � . � r �; , s ��I \Mz�� >�IhtIT i �.k 0 N 'P IL-V S!rRN -- J r -ASyJ'plf� � nim'r ` u e r , i'.+" „E'P - o�,Wlkvl S'�'pil)G�✓ SR�PF`IJ�S� F�1� , J �I�D l��1V��`�l" \'�i�aryj� �J�n'�I_��_ Y .�,. � VQV-�•1'r �l'\�'Y IJ i��V�W��I� 1 3 G: 1°, y-��JC �� I r' �_l a[.�/ . ! r,iy fIk � , 1t ��'�' �r� � G p, r Y. r Off' _ 3 E}4SLD.rCN _ K11_Z.I�-_\ 11a 11. t)-C- i � �/° N'� M v S �'�iM��• � �0�� ��' 2S �Rc'�->YIS��. �S'C'�'ri�rFY �1r'a 6 5 vi f<qo,�- I mz 4l Ertl - - IQ 6VtPksN�CS =1W N� ' • �� o. wnr S � LEE � s a - ; 1 ^ - It SURVEY OF PROPS..TAT SITUATE S0UTHOLD v%14� TOWN OF SOUTN U D ?�P E11B4 ELE 'SUFFOLK COUNTY, NEV YORK qE E G S.C. TAX No. 1000-64--0303 3Pts�pSPtS iE E 4Gd leo. SCALA "=30' & � MAY 28, 2008 JULY 10, 2008 ADDED TEST HOLE & PROP LOTS \ DECEMBER 9, 2008 ADDED PROPOSED HOUSE \ DRAINAGE SYSTEM CALCULATIONS: DECEMBER 29, 2008 LATH PROP. HOUSE FOR SITE INSPECTION JANUARY 12, 2009 ADDED TOPOGRAPHICAL SURVEY \�y6 U"-' 11 HOUSE ROOF AREA: 5,300 sq. ft. FEBRUARY 9, 2009 ADDED WETLAND BUFFER •j.%"N' \ tJ) 1 5,300 sq. ft. X 0.17 = 901 cu. ft. MARCH 17, 2009 REVISED HAY BALE LINE 901 cu. ft. / 42.2 = 22 vertical ft. of 8' dia. leaching pool required APRIL 3 2009 REVISED HAY BALE LINE \ \ry[ti \ APRIL 18, 2009 UPDATED WETLAND LINE \ 6; \ PROVIDE (4) 8' dia. X 6' high STORM DRAIN POOLS �x JANUARY 14, 2010 REVISED PROPOSED HOUSE \ \\ \\ PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS APRIL 15, 2010 ADDED FLOOD ZONES JUNE 10, 2010 FOUNDATION LOCATION E 1St• ^e\x \ g, O \; DECEMBER. 1, 2010 ADDED PROPOSED DRIVEWAY OI LG Gtt $ I , \ 4� + O' \ ':* GARAGE ROOF AREA: 1,008 s ft. Slg � Et EtG I \\ \\ a Tn\ 1,020 sq. ff. X 0.17 = 172 cu. ft. TOTAL AREA = 101 ;022 sq. ft. 101E _ ++A I I \ 172 cu. ft. / 42.2 = 5 vertical ft. of 8' dia. leaching pool required (TO BE LINE) 2.319 ac. 5151 GJE51' PROVIDE (1) 8' dia. X 6' high STORM DRAIN POOL _-t UPLAND AREA. = 9,1,481 sq. ft. PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: '=_;7 \ 1 II I I ',� \ CERTIFIED 10 C x DRIVEWAY AREA:. ft4,333OL1 sq. H. JOSEPH B AGLIA IA dJ' 4,333 s ft. X 02 = 737 cu. ft. HEIDI BATTAvLf.A m 1 \ I I 737 co. ft. / 42.2 = 16 vertical ft. of 8' dia. leaching pool required PECONIC ABSTRACT, Inc. PROVIDE (3) 8' dia. X 7' high STORM DRAIN POOL I FIDELITY NATIONAL TITLE I?i9.R,4NCE COMPANY ALE \\ \\ , \\ I I \ �"^ PROPOSED 8' DIA. X T DEEP DRYWELLS WITH OPEN GRATES FOR DRIVEWAY RUN-OFF ARE SHOWN THUS (� TITLE No. FNP-01544 0� m / / / I \ \ „N� 1 I I I •dam '"� NOTES- L ELEVATIONS ARE REFERENCED TO J.D. 192 9 DATUM EXISTING ELEVATIONS ARE SHOWN Usa EXISTING CONTOURLINES ARE SHOWN THUS: — --10----- LOT COVERAGE OVER LOT 2 FFL NRBr FIDOR 'Qp �� �j 53,208 sq. H. UPLAND AREA rw - xGE..R m OF b i/ EE s F I f DESCRIPTION AREA % LOT COVERAGE eOTTOM OF. S 3 ' pE e ZA 2. FLOOD ZONE INFORMATION TAKEN FROM: // \ \ \ I x->s'•b' I 1 \ \ FLOOD INSURANCE RATE MAP No. 36103CO166 H O,�o /JFs I \ \ / I 1 , \ I HOUSE, PORCHS, GARAGE 6,308 s ft. 11.9% ( \ 1 \ I & CONNECTING ROOF q ZONE AE: BASE FLOOD ELEVATIONS DETERMINED '3 x DRIVEWAY 4,333 sq. ft. 8.1% BASE FLOOD ELEVATIONS DETERMINED �. AL Op \ \ \ \ 1TEST HO ZONE VE: COASTAL FLOOD WITH VELOCOY HAZARD (WAVE ACTION); \� �°J� ZONE X• AREAS OF 0.29. ANNUAL CHANCE ROOD, AREAS OF 1% ANNUAL CHANCE FLOOD X TOTAL10,641 sq. H. 20.0Y. WITH AVERAGE DEPTH OF LESS THAN i FOOT OR WITH. DRAINAGE AREAS LESS THAN Z \ I \ \ �°•4 \ \ \ \ \ �`xy4' �\ 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE ROOD. ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.29, ANNUAL CHANCE FLOODPLAIN. 3. MINIMUM SEPTIC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1,500 GALLONS. tr OT 1 TANK; 8' DIA. 5' LIQUID DEPTH \\ \\ \ \\ \yQ`l 1 ; -�•xP?' - -M•�'\ hs x 4. MINIMUM LEACHING SYSTEM FOR A 6 BEDROOM HOUSE IS 400 sq ft SIDEWALL AREA. X/ Z 3 POOL; 6' DEEP, 8' dia. W1 ti yL'y�. PROPOSED UPANSION POOL �9• \ /z �j �'� \\ \ S °, m `V /�' F - s iS \ 1� PROPOSED LEACHING FOOL TO PROPOSED SEPTIC TANK \ YZ \ \ F \ E 1\ 1 '2No C_ \ r \ j6'Id - -12 5. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD x II ) x J_ frQ - $(G� �' OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 111 _ \ \ 6. EXISTING SEPTIC SYSTEM STRUCTURES SHALL B: PUMPED C.EA`- AN fya� \\ \ a \ \J 5 \ o I \ /I p }' ^ •Q+' r'Alz� S REMOVED IN ACCORDANCE WITH S.0 D.H.S. STANDARDS. 141 � L / 00 P �v SJe \\ \ \ �A I \ . , / � . -1 r_ DRi ✓� 5O' 6000 \ \ T7 v •5'•J >FO fy \ \s`L .° 5 ./• -. } i Q'•"5 : \ \ `� —11 .oy C, •S 2" \ \ \ ciss9A: 1 ,V> �' plc . x�.a' / \ T& 19 , .E, up 1" sr) \ \\ /\ y Qo _ % -- �\ — � TEST HOLE DATA 6 5r6' \\� \ A 7�� ..- -. / - � s // i/� \\ \ 9 (TEST POLE DUG BY Mc00NAlD GEOSCIENCE ON JULY 3, 2008) '85r-6', // \ y` 10 �� ?� / �✓ ' — R'9f ` x'r ung snvo a cR.sru. sar u .1 Ir NrV6 s• \\ ____ / / / / �`T Pao eecw. FEE =_v y � / / / �� ecf ry Nsal,+u svo xT4 / / 9-EV 0.6 A. { 1O -TH15nSU V <LTEA Voll B AaORION 'Y p \ 1 S THIS SURVEY IS A N EY YO OF 1� J= `9• LUCAT 7209 OF THE NEN YORK STATE Sr�IV� 4� EOuu wa aNN ENE SP UT Y, VW 2>, Hl \44JIV p TOPiES OF E AND SURVEYOPS INKED SEAL ORIS SUH WE NOT RING I \� ' �w O C j CJ 44�2. NOT BE CONSIDERED ° �� VG,. O�W j 0DBE A VAI TRUE COPY of ._.�5, ` S\ \�\\S 0"0' YP`Y� O = _ ,E'-�1FI:ATICfli MDICAT[Ti HEREON SHALL RUN !1 I+" /:/�� 154-RMFnRED, MD SON HIS BEH,LLFFOR WHOM TTO THE 8J , oM� y 9� Q \vQO� �e, Q� Y_J�v�Rty TILL COMPANY WYERNMENTAL AGENCY AND _ .9' \' \r,\!Lt'J ��Py /� ! '.� _ ^�i) o FEE ASscvms CIE THE ISTED ENDING Ill f/E(r( eJ ,t•2•ry1 rJnaN cERrFlcanDNC ARE NOT TFFlNSFERABLE. ,4o3s'22" '+3� �� yJ'�~C4'•.� TNN EXISTENCE OF RIGHT OF WAYS 7.;,82• W �Cj ,f��044p �Tf AND/OR EASEMENTS OF RECORD, IF 4 y -- ANY, NOT SHOWN ARE NOT GUARANTEED. WPoa r.'Z 02 Va 0�a eats r40 I PREPARED IN ACCORDANCE WRH THE MINIMUM BY THE LI FOR AND SURVEYS AS D ADOPTED Nathan "daft Corwin iii ST THE DS FOR AND APPROVED AND ADOPTFD J ll' FOR SUCH USE 9Y THE NEW YORK STATE _AND S, TRUE ASSOCIATION. Land Surveyor c, INIF OCP, E OF Nt;k,Y Ory Successor To 6`eOley J. Isahserr, Jr. LS. Joseph A. Ingegno LS. a Title Surveys - Subdivrsrons - SC, Plans - COnet UChGn Layout PHONE (631)727-2090 Fax (631)727-1727 OFRCES LOCATED AT MAWNG ADDRESS �'.• 158"G Main Road P.0 Box 16 `�M1'DS N Y.S. Lc. No. 50467 Jamesport, HHow York 1194-1 Jcmespar[, New York 11947 SURV OF RR OPE RlyT SITZ TE e° SOU1 KOL ' d�4P� ogtS�t�A TOWN OF SOUTHOLD E�4�EyEP SUFFOLK COUNTY, NEVY YORK 9 &aE T�I�°,I��'g°gc� � S.C. TAX No. 1000-6A-03-03 kgs G E E oo SCALE 1 "=30' 3PGyEsy MAY 28, 2008 P JULY 10, 2008 ADDED TEST HOLE @ PROP. LOTS A\ x DECEMBER 9, 2008 ADDED PROPOSED HOUSE \ DECEMBER 29, 2008 LATH PROP. HOUSE FOR SITE INSPECTION \ rev JkNUARY 12,FEBRUARY 9002ADDED TOPOGRAPHICAL 009 ADDED V � ETLANDBUFFER .el \ S \ MARCH 17, 2009 REVISED HAY BALE LINE .APRIL 3, 2009 REVISED HAY BALE LINE \ \ \ COON \ APRIL 18, 2009 UPDATED WETLAND LINE JANUARY 14, 2010 REVISED PROPOSED HOUSE APRIL 15, 2010 ADDED FLOOD ZONES JUNE 10, 201G FOUNDATION LOCATION p \" TOTAL AREA = 101 ,022 sq. ft. (TO TE LINE, 2.319 ac. lPJLE J y$ V' a 1 \ \\ \\ UPLAND AREA = 94,481 sq, ft. X DRAINAGE SYSTEM CALCULATIONS: HOUSE ROOF AREA: 5,300 sq. f}, CEPTIFTED T©: sq' cu. 5,300 f}, X 0.17 = 901 ft. 1 \ JOSEPH BATTAGLIA. 901 cu. ft. / 42.2 = 22 vertical ft. of 8' die. leaching pool required HEIDI BATTAGLIA PROVIDE (4) 8' die. X 6' high STORM DRAIN POOLS �� PECONIC ABSTRACT, Inc. PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: ' FIDEi_iTY NATIONAL TITLE INSURANCE CGMPANY I ' VPI Y _A ?I?LE No. FNP-0i504 ( . \ \ \ I GARAGE ROOF AREA: 1,020 17 c f 1.020 sq. f}, % 0.177 = 174 cu. ff. VVV� 174 cu. ft. / 42.2 = 5 vertical f}, of 8' dia. leaching pool required t'""�" PROVIDE (1) 8' dia. X 6' high STORM DRAIN POOL Y y .PROPOSED 8' DIAX 6' DEEP DRYWELLS FOR ROOF RUN-DIFF ARE SHOWN THUS: NOTES:s 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 19'_9 DATUM \ / $q I EXISTING ELEVATIONS ARE SHOWN THUS:S.D h. X x ,aeX / / I / N5 EXISTING CONTOUR LINES ARE SHOWN THUS: -- -- -1c•----- sDo v1 / \ ci= s�RAGE ROOF �' N6 / n I 9X I Tw - roP OF wAUL s s aw, - eoTmu OF WALL / Sz \ � •'� \ \ I I X106 I I \ 2. FLOOD ZONE INFORMATION TAKEN FROM: I I I \ \\ I FLOOD INSURANCE RATE MAP No. 36103CO166 H x ZONE AE: BASE ROOD ELEVATIONS DETERMINED ZONE VE COASTAL ROOD WDH VELOCFY HAZARD (WAVE ACTION); HotE \ \\ BASE FLOOD ELEVATIONS DETERMINED \ \ \ \ 1 \ Xlp,S\ \ ,j• O ZONE X" AREAS OF 02% ANNUAL CHANCE FLOOD, AREAS OF 1% ANNUAL CHANCE ROOD 0 \ \ \ \ \ \ \TEST WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; .AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE FLOOD. A ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.27 ANNUAL CHANCE FLOODPLAIN d I \ ., 0 \ \ I \ \ \ \ \ tN'"� \ ° d' \ —/ 3, MINIMUM SEPTIC TANK CAPACITIES FOR A 6 BEDROOM HOUSE IS 1,500 GALLONS. 151--515 6T eo 1 TANK; 8' DIA. a LIQUID DEPTH Z �• \>.�1�� \ \ / \\ \\ \\ \ Q'" \\ 11 - o wPhe P \I X ' 4 MINIMUM POOL; 6' DEEP, RSYDDI EM FOP, A 6 BEDROOM HOUSE z^O =_y f,DID. AREA. 3 ` PROPOSED EXPANSION POOL 1P. _' 4 `� > �N5 r 1 PROPOSED L'AC INj p>nL 00� \ O\• •� AyOi / /�II� � PROPOSED SEPTIC TANK 'S^°s i , ,ea6 V --fy i gW --12 5. THE LOCATION OF WULS AND CESSPOOLS SHOWN HEREON APE PLO',= FIELD o � I OBSERVATIONS AND/OR DATA OBTAINED FROIJ DTHI_ \ OGy 1114 \ �\N 5$ �5, I / P - v \� _e a \ \ 6. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND BFsn�r, S REMOVED IN ACCORDANCE WITH S.CD.H.S. STANDARDS. 00 �P BP9 SJe \ \\ \ T� Sa I `\ l f/ I i._�-• a VIOLoPi�r°� - \. Y3 \ \ \ 70 \00 °ASC 1 x TEST HOLE DATA 66 \ \ A // � - / ,� � /� /�i'� \\\ \ 9 (1<57 HOLE DUG 8Y" McDONALD GEOSGIENCE ON JULY 3, 2008) izz xMH! PIIE BPOIVN RM, SP t•P \ \ \ _ / / \4 G400NO WA- �\ A• \- / -IF 1 .OS JN4UIHOnZED ?L14ERATIGW OR ROOITION _— `�J JZ `9' SCION THIS 7209 OF THE NEW YORK O STATE `r `"� V° x 10 ©INN 6X ex'sV ONE SP e�11CATIGN LAV/ �`�c APIS OF THIS SURE` MAP NOT BEUIING Jr. E LND SU6]EYORS INKED UF/:L OR \ C O\ Q Q� 4 'J JA4,b TO PEMBOSSED\�TI.D�TRUE COPOT BE CONSIDERED 0 n V .. V cJ 0 . y'RO POSED �SgE'F+14'TI o L.J EOF mal \Mo S\ \b� e°O PQ QO4=" ,T' CE4RhCATONS R!UCATED HEREON SHALL RUN ` IS P IO THE AND O FOR WHOM THE SURVEY y0��F9G O,.Gr'wCS 3.^ \P \ T� � IS PREF.IRED, AND ON HIS BIX4LF TO THE !� �� " rs Lor±__—� yt vV o� Gj 2� 4. • • CQ9 , `�'-'I_ - ��6 O $� \ y\ 4. O� 0? 1 TALE COMPANi, GCl"�NMED HE AGENCY AND _ E', gp d' \ e C \� 1, r G r� LENDING INIONFESN LISTED HEREON. AND 9' ' �I,---— OHF F/ *^ 0 � 4`< Y{' r(j�`-J < TO THE AS HIFICA OF THE LENDING INSII- ��� • • ` \\� 1�\E(`FzJeJ3°0o33°��pO��/ �9�nv�~^gry -lfrION CCP.IIilCAl10N5 ARE NOT TftWSFERARLE. ({ N C1�,f I ^' CAaf G961S 0 0 - -_ _ _—____ _ ,�35'2Z" ]� - .}3� AJC 5O�} ;.�°' THE EXISTENCE OF RIGHT OF WAYS !'F„` J - _ - 382, LV �(S {� °F < \�Y AHD/OR EASEMENTS OF RECORD, IF _ \ p 'S' ANY, NOT SHOWN ARE NOT GUARANTEED. ROSA Ra VSIK xx)c w� \ A °J Xx DEC — t Zota . OBW R6MR05 \ 1 PREPARED IN ACCORDANCE WITH THE MINIMUM N�ti,.��.r, Taft Corwin iii BY _I FOR TALE SURVEYS S D ADOPTEDO !v Ga�� ®® 1 � E //••�� RY THE LIl,.LS. AND APPROVED AND ADOPTED (\ p/1 ox 0 ( �l ,Y �RI y p n , a FOR SUCH USE BY THE NEW YORK STATE f D �T�I✓✓�I�cL1////�. . d• ox O 5 C) B A J�£2'1�7 q ' tS• 'HCl'. TIT ASSOCAT N. SP�uJ O�Qs OF NEYy Land Surveyor E Y /� ,C— 2osA v3A 3 o 020X• ! I - a al rs A0j s RGNp, �P SPFTc R �P � 1"– � 9 ° � [' 9 � Of Succsssor Ta: Smnley J. Isaksen, Jr LS pad al� _ I C)A( nol 3 C. nl Ey GW( C�ENSS aI Sf1gG;Jfi , `y * tiZ y * cseFh A Sit. L5. A x � I ll__ J f�" = title turvzvs – SubJinsmrs – Site Plans – ConsWction Layout PHONE (631)727-2090 Fax (631)727-1727 sow0 frCES LOCATL AT MAILING ADDRESS o N.Y.S. Go No. `0467 15c6 MmD Rood P.O. Box 16 Jomespart, HOW •m,k 11947 kriesport, New York 11947 PROPOSED SEPTIC TOSCALE) DETAIL (NOT SURVEY OFPROPERTY HOGRE SITUATE �o FFL 15.5' flMSlm G0.WE aE„`� PREfAS!REI U.m 1, FI E BONER_ E24 M LGEMNG.WArEaxG+R a INSECT EBBE, EIEV. r \� �'[• r,0 9uxm +' oE@ min 1• GFID mm. GIST WIN FOYER ro GPIDE rFINBI c SOUTHOLD C Olys�s�\ �La- FURTHEST LEACHING POOL TOWN Or SOUTHOLD viPE ro° +sG' s OF A 3 POOL SYSTEM -_ D SUFFOLK COUNTY, NEW YORK $F' � \t\= ' Tea Irma IxhRr - mws clgl4tge� s a . u �`" S.C. TAX No. 1000-64-03-03 s Eek vt E o. —� SCALE 1 "=30' �cvEs MAY 28, 2008 SEPTIC TANK (11 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS n\ DECEMBER 9, 2008 ADDED PROPOSED HOUSE u Bwac rAvrc ruAcmm FOR A G.... IioIIK Is I.I. GAunNs DECEMBER 29, 2008 LATH PROP. HOUSE FOR SITE INSPECTION '' i rµrc: e' DIN s DoaiD OEPN JANUARY 12, _2009 ADDED TOPOGRAPHICAL SURVEY \ 13J 2 CINIGE+E NNE WNE A MINIMUM EAMPREKNE SWHGN OF 3FW pa AT]L MMS. Au_ Mmxlms sruu A Yiw or 3%A TOP TlcxxM OF s'AND A BeFoM T CKNO4 OF r. LEACHING POOLS (3) FEBRUARY 9, 2009 ADDED WETLAND BUFFER .I^ }fl 1 Au wuLs. BmmM Ano TOP sMu coxNGG HERGENERN,Fe HmIGF M Asplha FORGE aF 3m pel MARCH 17, 2009 REVISED HAY BALE LINE F1 O f ALL J0W5 3rW1 BE SF/lm so MAT TIE TANK Is WATERIIGM. 1 MINIMUM IFMHING SYEIEL FOR A fi BEDROOM NDVGE IS A•O ap ft SUEBIC.AxG s THE BEE:m TAxx .BE wsruim AT uw.Ix ALL owu Oxs (WITH A u mIAwNCE OF a+/41 a POOLS: W DEE3n. 3' se- APRIL 3, 2009 REVISED HAY BALE LINE on A uiwuuu Y THICK Bm of couP,v.Tm SAND OR PFA wAK` z Tr .G pains ARE To BE mroTaurnn rc PREusr ulxFORcm canEa Ge EIwW APRIL 18, 2009 UPDATED WETLAND LINE LFILHING S RUGNRES. GOLD MINES w a/OR SAHs A lo' mm. OlnAwa BEr°ml swot Twe w a HOUSE wW.HE MAxrunm. 3 ,.0 DOWERS.eE OF PREusr RawaRcRe Go.BOB Eauu} JANUARY 14, 2010 REVISED PROPOSED HOUSE A +O' IHm ascWCE BE LEAaxix4 PRUIS MD GMEN UNE�•, BE u MMEN. APRIL 15, 2010 ADDED FLOOD ZONES 0 ` s AN°' min olsaNGE BEmIDI A31=.IN.. .BE MAMAINEa. \1l ?,nL \ •f•\l. O \ N. m+n x5F E eElwml AL UEGHNG MRo Am swnG TMK slwl BE Lwxrutmn. Q\' TOTAL AREA = 101 ,022 sq. ft. (TO TIE LINE) 2.319 OC. ES tG UPLAND AREA = 94,481 sq. ff. I \ \ \I 1 ,132 a \ DRAINAGE SYSTEM CALCULATIONS: HOUSE ROOF AREA: 5,300 sq. ft. CERTIFIED TO: 5,30G sq. ft. X 0.17 = 901 cu. ft. o \ \ \ JOSEPH BATTAGLIA z 1 \ \ X 901 IDE ff. / 42.2 = 2' vertical ft. of 8' die. leaching pool required ++ q I I \ PROVIDE (4) 8' die. X 6' high STORM DRAIN POOLS _{%P HEC IC TAGLIA ABSTRACT, X I %�, PECONIC ABSTRACT, Inc. PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS IMV FIDELITY NATIONAL TITLE INSURANCE COMPANY IIx / / I \\ \\ 1 \\ I1' \ 1 TITLE No. FNP-01504 O GARAGE ROOF AREA: 1,020 sq.0� c 1.020 sq. f}, % = ver cu. f}. 174 cu. ft. / 42.2.2 vert = 5 vertical ff. of B' die. leaching pool required X.1-.2 PROVIDE (1) 8' dia. X 6' high STORM DRAIN POOL =y 'q; NOTES: _ PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:�B T I XZ5 es xB 1 109x1 T qT I � / I \ / �T5 EXISTING CONTOUR LINES ARE SHOWN THUS: -----to----- d I I 1 I I / FFL. - FIST FinaN ��5OR /� \ I I 43,2 3 q. ftl. TOTAL 1 I 1_9X1 iw _ roGMAGE . s5 3�/ Fe's \ \ e� \ I\ 1 41,273 sq. 6t. UPLAND AREA \ / � BW - TOP OF WOF wk� AU_ ` \ I I 1,940 sq_ f$ WETLAND ARIEA I \ 2. MINIMUM SEPTIC TANK CAPACITIES FORA 6 BEDROOM HOUSE IS 1,500 GALLONS. Ap\ 1 u (Pf�OPOSED CLEARING ARE Ii 2 636 s4. fL (50% 0d UPLAND AREA) \ 1 TANK; 8' DIA. T LIQUID DEPTH MINIMUM LEACHING SYSTEM FOR A 6 BEDROOM HOUSE IS 400 sq ft SiDEWALL AREA. p \ I \ TEST HOLE 3 POOL; 6' DEEP, 8' die. I—\ PROPOSED EXPANSION POOL 12 2 T \ \/ sp Vit` lav 148• PROPOSED LEACHING POOL 85500/ PROPOSED SEPTIC TANK 5 LT% (51 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 2 \ `•�' + = ti \ \ \ \ ` ti� \ x \ yfRL I _ 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. 6. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No 36103CO166 H - ,�O •� S \ a1 x\ ` - \ ':- °'A,` -f `� 00 .4� \ ZONE AE: BASE FLOOD ELEVATIONS DETERMINED O �op as \ { A \ ca +; i \ - X las / N \ •LS•+ / .�.a� ZONE VE' COASTAL FLOOD WITH VELOCITY HAZARD (WAVE ACTION): ` / —lO BASE FLOOD ELEVATIONS DETERMINED ZONE X`: AREAS OF 02% ANNUAL CHANCE FLOOD; AREAS OF 19, ANNUAL CHANCE FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN `\ pGy ' 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANCE ROOD. x\ IP?I \\ \ s \ "Bd I fY / r4 / \ q s ZONE X: AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. P 00 P 4 S \ \ \� \ f ( - Z PROP, -'m 7. LOT COVERAGE LOT 1 (HOUSE, PORCHES & GARAGE) = 6,310 sq. ft. OR 11.9% OF UPLAND AREA. s aw �•a 3 3 \ \ k� \y0 \ 'A�w 1. ` A \ // �iF 1 \ _ \"b\�oy�\ TEST HOLE DATA 6 f`` (TEST HOLE DUG BY MCDONALD GEOSCIENCE ON JULY 3, 2008) z1 \ \ \ \ . -" � .iii 3•' .,, _ _ g9 Euv +zz' / - � 02 G./ "`Aulxm swO a wAv¢ � 'Nr/oa" as• •� ��,+ \\ \ \ b ``��� `DC // `Y/ —L ' H,`1PA1E BRtlM1 M,E SE ' n q X M GOBI sw0 cxauxD NWFEI +T e' 57,809 sq. ff. ND AREA ."RE RE IN SMA OWN FINE sv `/Ij,,. 3 S' \ ,• 53,208 sq. ft. UPLAND AREA/ / / q7 •2 �j+ s, \ c IN sq_ ft. E'fLAND AV EAP f / / \ '\ �`1 OPOSED CLEAIRINCA@EA - 26�Ii sq H (09'Ofi UPLAND AREA)/ +/ / \sem 1]'\ ` \ \`—x \ / JO TO THIS ALIS A NIN 11 ADOIIION =C' S9, M THIN SURVEY Is A VIOLATION OF IS la y.�JU.'\ r40J EWCATONICTON 2LAW.09 F THE NEW YORK STATE 4 COMES FIR V� O THE UW DSV RJEYORS IBEARING INKED SEAL O }\�P�Q p4 f-fyJt40.y - TO SESED NEAT RUESHALLC NET BE CONSIDERED �Y ` 00 V� D TO BEA VALID TRUE LOW —o.�aaE.0vG0 05•`W` % 3,' -\ v\,ks\ 0 � �Q O� ONLY LATHE ERSONINDICIED HEREON INE SSHALL RUN 8 X26—� _ C�lFFy1�"a""HSUL__ I y dy p t rT ONLY TO THE PERSON NR WHOM TIE SURVfY 8 tV A�4 S 201u IS PREPARED. COMPANY, GOVER MAND ON IEMAAGENCY ANTO D �9' \\�fj1�-— — roNF� e° 0u O fT $ v G�\C� V ry /- 1 `S� TE ASSIGN G HNS11- LENDING INSHT,TION LISTED HEREON. AND TU N \``\\ PE�f(E<B 99 RONNOINIPANNFER ERIM ONS ME T IOLE 74°35 221j 22 '° M� y�� G HE EXISTENCE OF RIGH OF WAYS 73.8< r✓ �(7 AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. ,r aoap ,�hA .VI,J L)' aG Wa4gp3 PREPARm IN ACCORDANCE WITH THE MINIMUM Nathan matt Corwin III \ 4 STANDARDS FOR TIRE SU YS AS BY THE LIALS. ANO APPR O l� FOR MUCH WE BY THE NEW \1+ TIRE /SSOLL1l10N. �. � g t�TC0 Land Surveyor � ,• 2 , Title Surveys - SUGd1VGBl o - Site Plans - Construction Layout Cid 4 PHONE (631)727-2090 Fax (631)727-1727 �tA4D OFFICES LOCATED AT MAILING ADDRESS 1586 Main Rood P 0. Box 16 N.Y.S. LIE. No. 50467 Jamesport, New York 11947 Jamesport, New York 11947 -T PROPOSED SEPTIC SYSTEM DETAIL OTO SSURVEY OF PROPERTY SITUATE .I a r HOIt : T TI T ,F—TI T T1�1 RvE fxEPAST N.NFOPCm COXCxflE LVhA X !q 6jp3{WG. WAREETEM!INsmf PROOF FlnX� E 0 V 1 11 O LL OUR. , son IlXAlm� u � OWER TO RME � TOWN OF SOUTHOLD MR.a' a.. MIx.r mn roe m Tio' i FURTHEST LEACHING POOL 11pP0�04 M��lIPE lW E� +!, 30'min PWE OF A 3 POOL SYSTEM YSILH yEP Ill, n.C• WrLRr x, o Ixr.Rr Przcxm+rv"/r muu, E W. E SUFFOLK COUNTY, NEW YORK „~ �. �. , 3. d�y�I�c gG� BARES S.C. TAX No. 1000 —64-03-03 B E5 G t E B e SCALE 1 "=30' a—� X MAY 28, 2008 ate. SEPTIC TANK (11 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS \ DECEMBER 9, 2008 ADDED PROPOSED HOUSE % ,. MINIMUM sEPnc TAA..FOR A c BRNNI xouR a +.BER F.. "xs DECEMBER 29, 2008 LATH PROP. HOUSE FOR SITE INSPECTION 'w \ K; A. GW suaum EFOR JANUARY 12, 2009 ADDED TOPOGRAPHICAL SURVEY 2 WNCPEIE ex HAVE A MINIMUM LONPRE4M EFUUN M OF 3,000 RM AT RN d.R � 3.wW%ICNrl�no. BE A MINIMUM OF r. A ME THICKNESB OF R'AND A m M TXIIXXmS OF c LEACHING POOLS !31 FEBRUARY 9, 2009 ADDED WETLAND SUFFER �^ 'j'• \ Up , wALs. Bona.AND TOP s Coxrxx Woxm�cmc TO ESSIRT A AFRIE MIKE OF ZOO PN. MARCH 17, 2009 REVISED HAY BALE FINE AL-AINNN SMD. BE s so 11VS THE TANK ¢wAimNOW. 1 MINIMUM IE 1. stSTEY FOR A 0 BEFORM HOUR Is ICO.y I EDd'ALL AREI �N a1eE \ 3 BOOM a DEEP. R ma APRIL 3, 2009 REVISED HAY BALE LINE ♦. 4 \R \ s THE sonic TANN sFtW.BE IISTulm AT{EVFT w Au DWFLToxs (wnx A MAY IOLEAWLE OF tt/1'j ���J' v e'" \ ox A MINWUM 3 THOK Bm OF=MBALTE RAND OR PFA GMYFL i LEAcxIxG Pools ARE ro BE mxsmuclm rc PREGISr RDxmRcm caxcRETE(DR Ea1M1 APRIL 18, 2009 UPDA I ED WETLAND LINE \ \ c A To'mm DIROMOE BETWEEN s C TANK AND HOAR Sl BE MMNIAWE, 3 UOKHMU.E.wE DoNE nR../.CEEL m�wEiE(oR mua). JANUARY 14, 2010 REVISED PROPOSED HOUSE 1. iA' o' m�R xBOCE REWEEN I-ECHWO FOO.NwAToi N ...BE IWMuxm. s AN IF mH. DISTAR.aLTNf£N Au-I 2IF PWLs AWL NE MARRA . \ R AN A. mN. UNUANFE BEMmA' Al11FILNII, POOLS AND RaY.TANx SWl BE NVNIANm. oil Gg dl \ � p,\'4c TOTAL AREA = 101,022 sq. ft. 13�� tSytlO41C� \ \ \ \ (TO TIE LINE) 2.319 CO. 0 isyg E 0 11 =� \I 111 I \\\ UPLAND AREA = 94,481 sq. ft. & I 1 11 1 a \ DIt47NACE SYSTEM CALCULATIONS: \ \ I -1 \\ HOUSE ROOF AREA: 5,300 sq. ft. CERTIFIED TO: Q, 5,300 sq. ff. X 0.17 = 901 cu. ft. c I 1 JOSEPH BATTAGLIA 1 \ $ 901 cu. ft. / 42.2 = 22 vertical ff. of 8' die. leaching pool required HEIDI BATTAGLIA m 1 \ 1 PROVIDE (4) 8' die. X 6' high STORM DRAIN POOLS «� 1 ,_y PECONIC ABSTRACT, Ina / PROPOSED 8' DIA. x 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHowN ilius: `�; FIDELITY NATIONAL TITLE INSURANCE COMPANY � Sm - _- - I \ I TITLE Na. FNP-01504 GARAGE ROOF AREA: 1,020 sq. ft. 1,020 sq. ft. X 0.17 = 174 cu. ft. - �oo 174 cu. ff. / 42.2 = 5 vertical ft. of 8' din. leaching pool required PROVIDE (1) 8' die. X 6' high STORM DRAIN POOLr!; �! 2 G, [Q(0 _ PROPOSED 8' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: NOTES 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM - \Ib, EXISTING ELEVATIONS ARE SHOWN THUS:5o EXISTING CONTOUR LINES ARE SHOWN THUS: O FE- - FIRST fII%IR F ... .-. s, I\ / t-� 'a w = Bonn . OAl F. s \ q 2� 2. MINIMUM SEPTIC TANK CAPACITIES FORA 6 BEDROOM HOUSE IS 1,500 GALLONS. /'O J' 1 \\ \\ I �1 1 TANK; 8' DIA. 5' LIQUID DEPTH ,0\ 3T,T� \ \ I \ I I \ \ \` I `, . MINIMUM LEACHING SYSTEM FOR A 6 BEDROOM HOUSE 15 400 sq ft SIDEWALL AREA. K 3 POOL; 6' DEEP, 8' din. ,1L\\ \ \\ 1 \ s\\ \ Ho��\ \\ Q !^\ PROPOSED EXPANSION POOL \�\; 142 +a.e Aj . q O PROPOSED LEACHING POOL �OR \\ N \ 1 \ Klos \\ \\\ \\ y�yx� TT e - jrP \ Q PROPOSED SEPTIC TANK � ���I` \'� K+�+ \ \ 1 ` .' • �` a 14) 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. _1ILE \\ \\ \ \ 1N \ � �M II 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND tP, k,, \ \\ \ \ \ \ 'h s �1F, 4 `� \ _ 3 REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. X0fy 4\ NOCID , 61 37s�s \\ CJ: \\\�5- �`�\ ` \ !� m \1 W�4.; tr . �` oa y}q' rn.. \ 1 j 3\ ` \\ \\ `\ \?wT. x``• NxA"°� 1 ) �Ywo:f i .- `+ �d3Y � \ ���—t2 \ / _n'o 1P� T QO ,pf'� S \ \\ \�I' \app I \ Jc`A f' .{:-. / icy • T ylgP�m - .coo X \. F� O. lu O+. LyJk /0 � I = TEST HOLE DATA /\ \o,Ai\ \ \ /i //� P , (TEST HOLE DUG BY MCOONALD GEOSCIENCE ON JULY 3, 2008) 9 Dun, Tzs• mil suo x Gwxm os \ 9 \ �p BRDYM SILT ML N \ \ ^ \ � // // \ 73 Ile 01—e PALE BROWTI ..B BE q, \ GROUND WATS \ \ _——_ — / /K / — sw OIIN BA FlxE s BAR. WiowxSIProM 03, mluu 2J2Jry \ — 'ry \� 10 To THIS RIZED ALiEA VOI T A➢aIIION (� \�\ \ -- _^ Sg, TO THIS SURVEY IS A NOTATION OF t`�!4'`r�`� EOJ EDUCKFONZ09 IAWOF THE NEW TURK STALE S2� — \�4 cycc p THE LAND PIES FSU IN YOR INKED SE4 OR S SURVIEF BAR NOT RING � \��— N "C. ��oP�4 o4�gyJ44��. EMBOSSED TO BE A wo TRUE"A`NOCOPY. BE CONSIDERED aPrON8• \NO, t1 \Q 'lQ Q�p4 INDIONFED ` 3 \P\ 'Y qP� 2 ONLY TO THESPERSON FOR HEREON THE SURRVEY Is 9 / IcN- 0 se oy TI Qac, S\\VW4, �V�y4 ISTENDOM KIN"i noovDExN rvN HEuAGEH Y THE S it °o° y h� � r G I TO(IONE CEETTIFlREON, AND To GPONS ME OTOF THE INTRANSFERABTE NOL ,7 ,82' ,A W ^� (��� k;o nY AND/OR SEASEMENTSTENCE OF RI OF RECORD,GHT OF IF ANY, NOT SHOWN ARE NOT GUARANTEED. y 2 BBjyD 6gTWos 411 /\ PREPARED IN ACCORDANCE WIRi S MINIMUM Nathan Taft Corwin iii /��. STAND.REDS FOR TITLE NCESURVEfS T ESTAEUSHED EY THE MINIMUM I NR SUCH USE 6YNTHEPN W ORKND ADO STATEE Q� OF NEW 0 lS. TITLE ASSOCIATION. r 'p y �PFTO Land Surveyor d Oq�'F TWO Surveys - Su6divisians - Ste PlUoR - Construcfiao Layout Q <1b. 50461 PHONE (631)727-2090 Fax (631)727-1727 (AND 9U OFFlGES LOCATED AT MAILING ADDRESS 1586 Main NEW P.O. Box 16 N Y S. Lc No. 50467 Jamesport, New York 11947 Jomesport, New York 11947 PROPOSED SEPTIC SCALLS) DETAIL SURVEY OF PROPERTY SITUATE a ti Fl��mpE SOUTHOLD \T T� c°"` Pe uwResin M z °�r°Y�o.. xsx :wpE 2a'Ne. ILGI(wG.WAIWIGXr k SEI Bua O if gtb 5�1 cAsr IRax mNw m GIYDE IN.4- FURTHEST LEACHING POOL �pP0�7D4 TOWN OF SOUTHOLD Soem RwE m-m:,. •x a-aw TDP o. ,s.o' i . E�4,(ELEP ertcxm , a• ,• TOP ¢Ev.>aa N o — Fn"�q,m ve"'%i• OF A 3 POOL SYSTEM agEp1' \7\. ,;, SUFFOLK COUNTY, NEW YORK �IIgG� m '",o ELYI]2Rt E°>' ",,, - "� �` S.C. TAX No. 1000-64-03-03 31s�YpcSyE E oo. —e SCALE 1 "=30' MAY 28, 2008 _ SEPTIC TANK (11 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS p\ DECEMBER 9, 2008 ADDED PROPOSED HOUSE \- • ' ,. 1 ..; .emma1sak nxNKE. aP¢mm MR A s emRmu HwsE e: sw c+uaxs. DECEMBER 29, 2006 LATH PROP. HOUSE FOR SITE INSPECTION LWK: e' pt4 s• 's A oEPIX mxraE.E HM IMVE A A Muu UMMOF 3'.A Tis arm m a,OF p.Ar ae BARYRON JANUARY 12, 2009 ADDED TOPOGRAPHICAL SURVEY �, •-� s. "ui"LL Twcx a .AN BE A MINIMUMRI E OF s•,A TOR nMEl F OF s-AxD A ammo THICKNESS. m c. LEACHING POOLS (31 FEBRUARY 9, 2009 ADDED WETLAND BUFFER 1� • B.ei, E ,aP BE RUE NK Is gXG RI R61Er IH IFA.Im mME OF]IXI ptl. NL JGIME$LULL 9E SE4ID Ea TV.T RUE iIHK LS W"1W11d,L ,. .... IF .. Et5lEl1 FOR A 6 emmoM xwsa Is Ax >4 N BKORAI uuw MARCH 17, 2009 REVISED HAY BALE LINE N (�• f Pe 'R V, d CO •\ s 1RE scans THIK SHw.HE INE ALm AT IEYm w uL DIRECNaxs (cam,A .TDuw,wcE OF x,/s0 G ..;s' BERI W' z^- - ., - APRIL 3, 2009 REVISED HAY BALE LINE ox A uUIMUM R.THICK em BF muPAnm sPxo OR PFA wow, z IF/LXwG MR.ANE m eE RE.RTm OF ENUMUR E.KnEs m CDNCREIE IDR Euuu) _ - <- -,-.-• _ APRIL 18, 2009 UPDATED WETLAND LINE \ -1 s. A ,G' min DIErANCE SER EEN soma TANK AND HOUSE sWL BE LLVMugD. IF/LwXG RMGGNR6, soup .. /as s. \ \ \ •• ` \- nsins N. i ,A ,A 0. mmtmmonsesp TsiANBE en m+ UACHNN6 IMOOs u,DeOtiEe ONE ss BE N 11*1xm s.wxi e'm,x, omu"wici eE A'wu.UU wN6 SL`sµo sTANK SHALL BE mncuvnuxm 1,t e\' ,, -_ 'p---J �I 11'li TOTAL AREA = 101,022 sq. ft. � (To TIE LINE) 2.319 ac. JP�04i"gLtl; 1 1 1 11 I _ \` ��FY - 2009 I UPLAND AREA = 94,481 sq. ft. PF I 1 11 I x112�/ '� -� DRAINAGE SYSTEM CALCULATIONS: o- ._• \ ROOF AREA: 3,543 sq. ft. I - CERTIFIED TOr 3,543 sq. ft. X 0.17 = 602 cu. ft. ° xTTo- 1 // • A\ 602 cu. ft. / 42.2 = 15 vertical ft. of 8• dia. leaching pool required - - JOSEPH BATTAGLIA % 1 / I • _\ x ux -•°""�""""` ,__•- HEIDI BATTAGLIA \ PROVIDE (3) 8' dia. X 5' high STORM DRAIN POOLS �.-.••a------ I PECONIC ABSTRACT, Inc. I& I -- _ PROPOSED 8' DIA. X 2' DEEP DRYWELLS FOR ROOF RUN–OFF ARE SHOWN THUS: FIDELITY NATIONAL TITLE INSURANCE COMPANY A TITLE No. FNP-01504 /mo � \I 11 I / )� � NOTES: 1. ELEVATIONS xZ I Ra I ,asxl / ( /• % �,� EXISTINGARE ELEVATIONS NARE SHOWN THUSt99 DATUM a N1 I EXISTING CONTOUR LINES ARE SHOWN THUS: ---- -1n- -- -- Gjq° I _/ FR - Res, FlLOR /J ,4sx 1 rw= r e // yi55 \ S♦D ` 1 \ I Ep I%/ \ EW - ROIIDN OF W/1L 2. MINIMUM SEPTIC TANK CAPACITIES FORA 6 BEDROOM HOUSE IS 1,500 GALLONS. i TANK; 8' DIA. 5• LIQUID DEPTH 3. MINIMUM LEACHING SYSTEM FOR A 6 BEDROOM HOUSE IS 400 =_q ft SIDEWALL AREA. S 3 POOL; 6' DEEP, 8' dia.N�N // \\ TFsr Hole,L\\ \ / - + /' \o. \ \ \\ \ \ \\ Rp, – \ \ �y \ Q�� � '• '-•._ •- � ( l PROPOSED EXPANSION POOL (• �r 1� \ \ Ilx s—a g a ) y'' \\ - q - \ n •n \`xiz 'So'� - \/ O _'a \M O PROPOSED LEACHING POOL 350 �" OD \\ \ \ - 'D< ON &; JO_ \\\ / \ // I .. \ \ 1 / ♦` & +"nr<ks \ / PROPOSED SEPTIC TANK x 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD rxs" eH 1 OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. ?y ` �j \ ^,1j//\\ \\ \ \ \ .- Ip P • Mme' 5. EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND • REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. 00S zo� iii No ♦ y, /`t1 BnnOi^P \\ \ " \�/ \� @ I ` + x ,rmn /�.-�( axt+ --��� ° ,a\z `• s + 500 m m v 4 0. \ \ \'f1�,t' � 'i 1 sSS8jY 9 . . � s i � •g —_—°d� \0 - ��7 __ __t 1 9 a�y •\fQ�2', \ \ �nF \ sA� \x� ,+Hc`Boper♦ +A �y^ f F' \ S � � 2` y xet� � s \ '^r��\`A\ \a P fig+ + . e'�y\C`` rt�_ O - __ _ / Hca` \ X, l� \ \ \ "Py4F.,�^�, .Cr�,j,, /s \ \co oy\ \� '�s�+ �'G''.�.•'-'� �.`t = o � . / / I • i � ro szo+`xo - �CCCC Epo TEST HOLE DATA (TEST HOLE DUG BY McDONALO GEOSCIENCE ON JULY 3, 2008) / S •V��V 'i \ \ \ ///x / // 15'1- 4 PA!£91. FINE SP \ W /p� / — _ 1p MEDIUM SWD iA� \1 x9.5\\ �9 4 / / / / dD $, •1 O fyY \` -",00 /// / / / / ``_ cd ar;DTA `� csouxD wA ns• T �p S+ \ �• � x8.3 / / / / — `S N1 MmIIUN BAND"Re" FINE sP \ , \\ / �. 'OaRIZEO S U.UnHALTEPALON OR ADDRRON S \\ \ — — I I A I I 1 11 11 11J2 9• TO THIN SURVEY IS A YNEW YORK OF A� a EDUckn 7209 OF THE NEW YORK SFATE C ! f��`�V� (ra � EDUCTION GW. THE2J" \\ y�S�` COPIE OF HIS SUR I MPP NOi eGRING °S Q\ EMB 2S SEA_ SHALL INKED E AI_CO OR SI AWE $1 P� C' rv, JF B^T EMBOSSED SEA_ SN4LL NOr DE CONSIDERED 0.L \P�\` ^,� P4�`l0'42o TO DE A vwD TRUE COPY. 89 \Zs �, " •p /SEH"'"' N t 3 V O� ONLY TO THENPERSONO R WHOM 'iHHHEREON E SLRUN _ o" ,, `1\\\'¢ v0� \O} �Gvh4 IS EFAR COMPAM-, GOVERNMENrPAND ON HIS �'L AGENCY AND TO LHE 19, `�'�` —,ILL �Q'� \ N. AND .\\ci7 4,^� TONTHFASSIGNEE'' OF TEE LENDED ING INSn- `` nL / TU110N- CERtInGTONS ARE NOT TRANSFERABLE N ,4.35'22 As II'\ }380 �� y���4 0• THE EXISTENCE OF RIGHT OF WAYS 73825 ,Y ♦O� F'7 =�004�< AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. ,Ar WCya '. e. v �1Y x000 O l)' 0'614: eMROg 4r PREPARED IN ACCORDANCE WRH THE MINIMUM F. 4 BY THE FOR TIRE sURVETS PSD ADOPTEDp Nathan Taft Corwin III BY THE LI PPPROVYO AND ADOPTED U04 FOR N 1(5E $(E EW YORK SrATE LINO NI.IIRI {�j .°�Ys �•� 1PFTC0 0P,r Land Surveyor I Title Surveys - Subdivisions - Site Plans - Constr0c6on Layout PHONE (631)727-2090 Fox (631)727-1727 y`'I'D SLIFN� OFFICES LOC47ED AT MAILING ADDRESS 322 Roanoke Avenue P.0 Box 1931 N.Y.S. H. No 50467 Riverhead, New York 11901 Riverhead, New York 11901-0965 SURVEY OF PROPERTY SITUATE SOUTHOLD eQP�,YgTOWN OF SOUTHOLD LL�g4P'�y8 F 41, SUFFOLK COUNTY, NEW YORK ,� �e14iGc� S.C. TAX No. 1000-64-03-03 3gs�S1Sy8 E' SCALE 1 "=30' tiE MAY 28, 2008 JULY 10, 2008 ADDED TEST HOLE & PROP. LOTS aFEBRUARY 12, 2009 REVISED WETLAND UNE U - �'�' TOTAL AREA = 107,022 sq. ft. .a COQ (TO TIE UNE) 2.319 OC. --aiS UPLAND AREA = 95,352 sq. ft. 111, 2.189 ❑c. d D 41GLLG11GI1 OO. ape SL 1 ES GSE ¢ 3�c 51•LE CERTIFIED TO: JOSEPH BATTAGLIA HEIDI BATTAGLIA PECONIC ABSTRACT, Inc. -� FIDELITY NATIONAL TITLE INSURANCECOMPANY- TITLE No. FNP-01504 _ yy i 114 LOT > 43,213 sq. ft. TOTAL x NOTES: 41,280 sq. ft. UPLAND AREA /// 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM , - Rc EXISTING ELEVATIONS ARE SHOWN THUS:50 — "'A EXISTING CONTOUR LWES ARE SHOWN THUS: - -1n----- °G EFL - HRST UDCR - c� x RIP OF W.LLL / �rj5 \ m 1 Y� BW - BOiION OF W.LLL 10s / t 3 o ti SZ00�ESA / TEsr HOLE .. 122 2 \ -� 401.. "6 TEST HOLE DATA o0w gRWk pr (TEST HOLE DUG BY McDONALO GEOSCIENCE ON JULY 3, 2008) IqL .. 117 h GR.VE1 4 MfdS` IR & �y/ \ qq- 6Xs , - eRowx s 1 uL TD A \ / / xse \ ' '%' Zu..xswxU sP \ / gx \� I_ • -� en' pot< -: -' - W ' 2 lS _ ¢n. I., NE EI,> •• cgolrm whim / SA°0,F9 .. / A x,94 pi a2.o / x ,an Y'oy q, - . • A+ wATn INPAIE Wvowx nv 9 O�y '�Q C •, /\ \ cW4 p"' ' '-- �: v(l.2 Sj JSF. ry x 1].6 /� • . '' S,ND iG NmWN �JCO °io m x75xN] LJ \ zI A x 1]0 . . J \\ 1ylE YgFYI \\ r"_' 1 . ]O IL Y1b, O+ V1± I "(% \ x 113 x116 / ax \\ 'C N,° \ x 1°a / X114 'grq- \ � / x 116 fOlx '• ` ,� \ \h' J3 / V p4 �7 O• •. ' LOT 2 .. 77 :p x95�� 57,809 sq. ft. TOTAL Eos o�y O ` �2°�,�Y°yC.�^\ 54,074 sq. ft. UPLAND AREA 's`3 •2 2j s x�T= 00 ,0.59. TO UH OS9ED IS A NOIAPON OF OR DMON \\.• '� J y( SEGRON 7209 OF THE NEW YORK STATE \3S, ��, O EDUCATON LAW°\ 1� "1Ac t1 G COPES OF THIS SUR MAP NOT BEARING O\ C Q F THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED 4_0 Q• O�W yJ 0'U TO BEA VALID TRUE COPY. FL1C \Q�\` qN �`Q4(SQ O�ZG CERrIFlCAT10N5 INDICATED HEREON SHALL RUN 89 \Z R♦ \vy OQ S E ONLY TO THE PERSON FOR WHOM THE SURJEY y 4• Y ��4� IS PREPARED. AND ON HIS BEHALF TO THE `C O O IiRE COMPANY, GOVERNMENTAL AGENCY AND LENDING INS7FUPON USED HEREON, AND ,\Q+�� TO THE ASSIGNEES OF THE I-ENDING INBR- N `\\ � �y '^O'l4KZ n WHON. CERTFlCATIONS ARE NOT TRANSFERABIE ��S��2„ N71. &00' THE 1 3 82' W o LO _��04�p \TY AND/OR ISTEASEMENTS ENCE OF ROF RECORDIGHT OF , F �`�' ANY, NOT SHOWN ARE NOT GUARANTEED. wGoo �a o2 w6OO "l °GW. OS �O PREPARED IN ACCORDANCEW THE MINIMUM srAuoAROs FOR TRLE SURVEYS l5 6lPHIISHED /A BY THE LILA-1-5. AND APPROVED AND ADOP Nathan Taft Corwin III '[`L(1� FOR SUCH US YORK STATE U D ,O > TRLE AssoP��r�EF NEW YOa Land Surveyor / p'FT'7'J,p' J' LRe Surveys - Subdivisions - Slte Plans - Constrvction Layout PHONE (631)727-2090 Fox (631)727-1727 c / o SL'yoI � OFFICES LOCATED AT MAILING ADDRESS \ BLAND`��) 322 Roanoke Avenue P.O. Box 1931 \_ N.Y.S. Lic. No. 50467 Riverhead, New York 11901 Riverhead, New York 11901-0965 —1 SURVEY OF PROPERTY SITUATE c� . SOUTHOLD 54X TOWN OF SOUTHOLD �vE �yEA attt SUFFOLK COUNTY, NEW YORK y ��loll Doc4 S.C. TAX No. 1000-64-03-03 SCALE 1 =30 g 9 g. •o SA,rYM-SytY' MAY 28, 2008 yE &. JULY 10, 2008 ADDED TEST HOLE k PROP. LOTS I a� 7 •• _ TOTAL AREA = 101,022 sq. ft. �'1v N�p.y1 4�p@aE � (TO TIE UNE) 2.319 ac. To •�Oa. a UPLAND AREA = 95,846 sq. ft. as. . 2.200 ac. 014 tea e - ES 09 E' xL, ,x1% CERTIFIED TO: acSytE JOSEPH IA x 131 HEIDIBATT GLIA PECONIC ABSTRACT, Inc. FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE No. FNP-01504 77 77, / LOT > ,i] NOTES: 43,213 sq. ft. TOTAL / i x 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM ---"- C1 41,280 sq. ff. UPLAND AREA // EXISTING ELEVATIONS ARE SHOWN THUS: Ne EXISTING CONTOUR LINES ARE SHOWN THUS: ----1. tD----- x I // GFL — WMCE RWX _ 6}5 i// �J. R w - eoamu or wAu -- EVA' / 1� N Ol0 / O2. .P. sJ'Ic \ZEOgPRN // ,L TEST HOLE / Z \ ao TEST HOLE DATA ,oK K.Gp,N4 og� (TEST HOLE DUG BY McDONALO GEOSCIENCE ON JULY 3, 2008) EIEv. I=' o. 14.7e uom svmasruvu C\ 0'�_1• ,.� x,♦ // \\ _ \ WFC / -Fw M. S.1 uL /5 \ /� 101� �7`rCP // // Rae McNFNE SP 41 R epSV ,ycL 14z ' sem- arm w•m< „r £i^£+,f fa0 T5 4" / 013/ ,��4. ••• t / 00 id, �O' P"- c4VSap Tr� wase INP emwN nne sP Y �'J fP f r,Ile I 8�.y 5 p. J ��' x,� "Ok o,. _`. Q+ To umluu SAND S5 mQ Qty 8�32, \ \�zo� � `_ �I 'SE ' o ry q i` a SD Ctn�i^�9 l� ,,I,• f�� a 10 N .T 'f+ �.--s Yc'9 aYxex •LO O.Q_ z2 a G \\ X 3 // X, 4/ -Y x, h / 7 n� 0. yas / \ LOT 2 x57 ., 57,809 sq. ft. TOTAL 4a'.a� 0 . 54,566 sq. ft. UPLAND AREAo fSp Sic �D xei 57`1 F eo� / — \ x,x iMasu�SAANon �FTION y 'oDH SIuoNO SES EDUCATIONSEGTON V09 UWaF THE NEW YORK STATE vs. �C ` \� COPIES OF THIS SURVEY NAP NOT FEAR NO `SIE F 4 w`�` EE,OOssm SE& SORS INOOTT BE CONSIDERED TO BE A VAJD TRUE COPY CERNFlCATIONS INDICATED HEREON Sl4 RUN 8 \Z AIIE ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED. AND ON HIS TRUE COMPANY, GOVERNMEKT� Y ENCTMAND LENDING INSTNNON LISTED HEREON. AND 79' IL O V \y\G1�u�h TO THE ASSIGNEES OF THE TENDING wsn- ,\, _per Oh �9,grO 4A TUDON CERTIFICATIONS ARE NOT TMNSFERABLE N 7435'2 3z3 � SJ��UV THE EXISTENCE OF RIGHT OF WAYS 73 82 2 W �� � 'A ANY, �/ AND, N EASEMENTS OF RECORD, IF � y ANY, NOT SHOWN ARE NOT GUARANTEED. llh�O on,W AL'o0p� � O PREPARED IN ACCORDANCE WITH THE MINIMUM Nathan Taft Corwin iii t� 5 (�. STANDARDS FOR TOR£ SURVEYS AS ESTABLISHED Ti. 4 BY THE LIALS. AND APPROVED AND ADOPTED if. FOR SUCH USE BY THE NEW YORK STATE UND 0TE ASSOCNTION. �PtEOFNF4yy Land Surveyor IR�r °i�P�CAFTCO O,P'F Title Surveys - Subdivisions - Site Plans - Construction Layout PHONE (631)727-2090 Fax (631)727-1727 (yy SO46T�'q- OFFICES LOCATED AT MAILING ADDRESS �a 322 Roanoke Avenue P.O. Box 1931 N.T. No. 50467 Riverhead, New York 11901 Riverhead. New York 11901J0965A -