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HomeMy WebLinkAbout13200 Main Road Corp Town of Southold Certificate No. 1-2023 Suffolk County, New York CO SANITARY FLOW CREDIT CERTIFICATE This is to.certi y that the entity identifed belovu has,met the Southold Town:Code•,requirements for Sanitary Flow Credits. This';certificate inayonly.be used for•the specked„use;and ; construction of the project listed Below. : EnityName- 13200.Main Road Corg.... Legal Address: 13200.Main`Road` ' Mattituck;NY 11952 Project Name: 13200.Main.Road Project Location: 13200 Main Road Mattftuck,NY11052 Number of Credits: 0.62 Credit Use:• Create an Affordable.u"nit;that will:remain.in:'aer6 to ty..:.' • r . Issue Date: April 27;2023 Expiration Date: - Aari1,27;2024 . (SEAL) Sckit A,'.Russell, Superviso Denis.Nonca ,row,,Town-Clerk”- Do not accept this transcript.unless the raised seal of the issuing locality is affixed thereon: Any Alteration Invalidates This Certificate Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/12/23 Receipt#: 309361 Quantity Transactions Reference Subtotal 1 Sanitary Flow Credits 4.-11-9.1 $6,200.00 Total Paid: $6,200.00 - Notes: Payment Type Amount Paid By Credit Card-Ref# $6,200.00 Corp, 13200 Main Road Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Corp, 13200 Main Road Pob 132 Mattituck, NY 11952 `Irk ID: DENISN Internal ID:4.-11-9.1 11111111 Ifll fflll IIIII IIIII Illlf IIIII IIIII IIIII IIII Ifl1 111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 04/12/2013 Number of Pages: 6 At: 12 :34:37 PM Receipt Number : 13-0043123 LIBER: D00012726 PAGE: 373 District: Section: Block: Lot: 1000 114.00 11. 00 009.001 EXAMINED .AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO Handling $20 .00 NO COE $5.00 NO NYS SRCHG $15 .00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $7 .50 NO RPT $60.00 NO Fees Paid $137.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number bf pages", RECORDED This tl0cument will be public 2013 Apr 12 12:34:37 PM record.Please remove ail JUDITH A. PASCALE Social SecurityNbCLERK OF umers SUFFOLK COUNTY priorto recording, L D00012726 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Fipng Fee Mortgage Amt. ' 1.Basic lax Handling � 00 2, Additional Tax TP-S84 Sub Total Notation SpecdAssit, /� or EA-5217(County) Sub Total Spec,/Add, TOT,MTG,TAX EA-5217(State) �b� Dual Town Dual County _ R.P.T.S.A. tOIJ Held for Appointment Comm,of Ed, S. 00 Transfer Tax y Affidavit + Mansion Tax Certified Co ✓ �� The property covered by this mortgage Is Ply or will be Improved by a one or two NYS Surcharge 15, 00 7 �� family dwelling only, Sub Total YES or NO Other Grand Total 13 TSV If NO, see appropriate tax clause on page•# of this Vtrument. ^2 7 " n" 11m 009.001 5 Community Preservation Fund 2458935 1000 11400 1100 009001 Real Property I�I�Illl�ll�ll�lllll��ll�lll�llllul�� Consideration Amount$ Tax Service P T S Agency R RMO A CPF Tax Due S Verification 12-APR-1 _ Improved - 6 Satlsfactlons/Discharges/Releases List Property Owners MSIIing Address RECORD&RETURN TO: Vacant Land William C. Goggins, PC TD 13235 Main Road P.O. Box 65 Mattituck, New York 11952 TO TD Mail to:Judith A,Pascale;Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901• Co:Name www,suffolkcountyny.gov/clerk Title k 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) 13200 Main Road, Corp. The premises herein Is situated In SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE Mattituck or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. nver V DECLARATION OF COVENANTS& RESTRICTIONS AFFORDABLE HOUSING This DECLARATION OF COVENANTS AND RESTRICTIONS (the"Declaration")is made this Afkday of April,2013,by 13200 MAIN ROAD CORP.,a corporation duly formed under the laws of the State of New York with an address of P.O. Box 65, Mattituck,New York 11952; and TOWN OF SOUTHOLD,a municipal corporation with offices at 53095 Main Road, P.O. Box 1179, Southold,New York 11971-0959(the"Town"). WITNESSETH: WHEREAS, 13200 Main Road Corp. is the owner of the real property located at 13200 Main Road,Mattituck,New York, SCTM#1000-114-11-9,and more particularly described on Schedule A annexed hereto and made a part hereof(the"Property") which includes a single- family residence that will be remodeled to accommodate an affordable housing unit(hereinafter the"Unit"),a market value housing unit and office space; and WHEREAS,the Town Board has approved the transfer of a portion of a sanitary flow credit to the Property conditioned upon the use of the Unit as affordable housing to be developed and used in accordance with the Town Code and specifically in accordance with Chapters 34, 117 and 280 thereof; and , WHEREAS, 13200 Main Road Corp. and the Town desire to provide for the preservation of the Unit for the purpose of affordable housing and,to this end,desire to subject the Property to the covenants and restrictions hereinafter set forth, each and all of which is and are for the benefit of the Property and the Town. NOW,THEREFORE, 13200 Main Road Corp., for itself, its successors and assigns (hereinafter referred to as"Owners"),declares that the Property is and shall be held,transferred, sold,conveyed and occupied subject to the covenants and restrictions hereafter set forth: 1. Ownership. The"Owner"of the Unit shall be registered with the Town Housing Registry and shall hold a Certificate of Eligibility issued by the Special Projects Coordinator ("SPC")of the Town in accordance with the Town Code. Household income shall be determined at the time of determination of eligibility. 2. Occupancy or Rental of Unit. (1) Occupancy of Unit. The Tenant or person occupying the Unit shall, at all times,occupy the Unit as his or her principal residence unless specifically permitted by the Town to rent or sell the Unit as set forth in¶¶B of this section. -1- (2) Pursuant to §280-31 of the Town Code, Owners shall submit an annual report to the SPC no later than May 31 n of each calendar year certifying Tenant's continued residency in the Unit during the prior year. (3) The Owners shall submit a copy of the proposed lease to the Town Clerk at least fourteen(14) days prior to the effective date of said lease in accordance with §280- 30 of the Town Code. The lease must in writing. The Owners shall not enter into any lease without obtaining the prior written consent of the SPC. The Owners will not rent the Unit without a written lease. Any 1 ease entered into without the approval of the SPC shall be void. (4) In no event will the Town approve a lease unless the tenants are families/individuals listed on the Town Housing Registry in possession of a Certificate of Eligibility issued by the SPC. (5) The maximum rental amount and maximum incomes of tenants shall be as determined by the Town as set forth in §280-30 and §280-31 of the Town Code. (6) No lease shall be for a period of more than two (2)years. (7) Pursuant to §280-31 of the Town Code,the Owners shall submit an annual report to the SPC no later than May 315 of each calendar year in writing certifying the amount of rent received by Owners for the prior year and that the lease complies with the provisions of the Town Code. Owners shall include in any lease the requirements that Tenant submit an annual report to the SPC certifying the tenant's household income for the prior year no later than May 31"of each year. 3. Event of Default. The occurrence of any of the following shall constitute an event of default: (A) A tenant ceases to occupy the Unit as his principal residence without obtaining the Town's written approval to sell or lease the Unit; (B) Owners lease or rent the Unit to a tenant prior to obtaining the Town's approval thereto,or allows another person to reside in the Unit;or Owners lease the Unit at a monthly rental rate in excess of the affordable monthly rental rate determined by the Town; (C)Owners fail to submit an annual compliance report,or if leased, the tenant fails to submit an annual compliance report as required under §280-31 in a timely manner; (D) Owners fail to perform or keep or abide by any term, covenant or condition contained in this Declaration,or fails to comply with any other provision of Chapters 34 and 117 or §280-24 through §280-33 of the Town Code; -2- • 1 (E) If any written representation or statement made to the Town by Owners with respect to qualification or certification for eligibility as a Tenant, including the annual compliance report,is untrue in any material regard; 4. Remedies Available to the Town. (A) If an event of default occurs,the Town may issue a Notice of Default requiring Owner to cure the default. (B) In the event Owners fail to cure the default within a 30-day period after receipt of the Notice of Default,the Town may,in its sole discretion,extend the period to cure such default if Owners are diligently proceeding to cure such default, or the Town may pursue any judicial or administrative remedy available at law or equity(including administrative and judicial remedies prescribed in the Town Code). (C) The Town may commence a civil action to enjoin any violation or to compel specific performance of this Declaration and to recover damages therefore. Monetary penalties are imposed by the Code,and such penalties are not the exclusive remedy available to the Town. (D) In addition to the rights otherwise set forth herein,violations of this Declaration by any person, corporation, or other entity,whether a principal, agent,employee or otherwise,including 13200 Main Road Corp.or Owners, shall be punishable in accordance with the provisions of§280-33 and/or§117-10 of the Town Code. (E) In the event that legal action is commenced by 13200 Main Road Corp., Owners or Town to enforce any of the terms of this Declaration or the Town Code,the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs arising from said action. 5. Successors and Assigns. The provisions of this Declaration of Covenants and Restrictions shall run with the land and bind the Property for the benefit of the Town in perpetuity. 6.. Amendments. This Declaration may not be changed or terminated,nor any of its provisions waived,except by written instrument signed by the Town,or if such amendment would be at variance with any provision of the Town Code, in accordance with Town procedure for Code amendments. 7. Notices. Any and all notices,elections,approvals,consents, demands,requests, responses and other communications permitted or required hereunder shall be in writing and shall be deemed to have been properly given and shall be effective upon receipt or refusal thereof if delivered personally,or by recognized overnight courier,or three(3)days after deposit thereof in the United States mail,postage prepaid to the address of such party provided to the Tax Assessor. Notice to the Town shall be to the Supervisor, Town of Southold,at its then official address, with a copy to the Town Attorney and the Special Projects Coordinator at their then official addresses. -3- 8. Miscellaneous. (A) No remedy herein conferred upon or reserved to the Town is intended to be exclusive of any other remedy or remedies and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Delay or failure of the Town to exercise any of its rights under this Declaration or the Town Code shall not be deemed a waiver thereof. (B) If any portion or portions of this Declaration shall be held invalid or inoperative,then all of the remaining portions shall remain in full force and effect, and, so far as is reasonable and possible, effect shall be given to the intent manifested by the portion or portions held to be invalid or inoperative. (C) This Declaration shall be governed by and construed in accordance with the laws of the State of New York without regard to its principles of conflict of laws. (D) Any reference herein to sections of the Town Code shall include any and all applicable amendments and successor Local Laws thereto. IN WITNESS WHEREOF,this Declaration has been executed on the day and year set forth above. 13200 MA4N ROAD CORP. By: _U/,]M Title: PKKAI dlrr -4- I I • ' STATE OF NEW YORK ) )SS.. COUNTY OF SUFFOLK ) On the I day of'Aev; 2013,before me personally appeared WMum C. Co4gloij ,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/she executed the same in his/her capacity, and that by his/her signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. J Notary Public I 490 q ELAINE T.VILLANO Notary Public,State of New York ' No,01V18029229,Suffolk County ,W,'r i'a Commission Expires Aug.9,oZ0.r3 i w I S. J' .4J�1*•f•r/ I { I I SOUTHOLD TOWN BOARD PUBLIC HEARING April 24, 2012 4:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty * * r Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 5:05 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing on the Application of 13200 Main Road Corp. for transfer of sanitary flow credits at the Southold Town Hall,53095 Main Road, Southold, New York,on the 24` day of April,2012 at 4:32 p.m., at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of sanitary flow credits in order to allow three accessory apartments at 13200 Main Road, Mattituck, New York 11952. The proposed application that is the subject of this afternoon's public hearing contains the following documentation and information from the Town Clerk's record: Notice that it was posted on April 12, 2012 in the Suffolk Times, notice that it was posted on the Town Clerk's bulletin board on April 2, 2012. A letter from Donald Wilcenski, chairman of the Planning Board "Thank you for the opportunity to provide comments on the referenced application. The Planning Board has reviewed the application and supports the proposal." From chief building inspector Michael Verity, "Requirements for transfer of development rights and certification, all buildings and uses shall comply with chapters 144 and 280 of the Southold Town code and the proposed use multiple dwelling is a permitted use in this HB district and is so certified." We have a letter in support from Mattituck Commons LLC, "This letter is to inform you that Mattituck Commons LLC has no objection to the proposed application for obtaining Health Department approval for three apartments for SCTM#1000-114.-11-9.1 property address 13200 Main Road Mattituck,NY 11952" And that is all we have. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? Transfer Sanitary Flow Credits Public Hearing April 24, 2012 WILLIAM GOGGINS: Good evening, William Goggins on behalf of the applicant. I am looking through the agenda and there is a whereas that states that the applicant modify this application to seek the transfer of up to two credits. That amendment was never done. We asked for two credits. About an hour ago, the Town Attorney contacted me and said I should ask for up to two credits and that is not really what the application is for, it's an application for two credits and that is what the application is for. I am not really sure why the Town Attorney asked me to change it to up to two credits but that is not what I want to do and that is not the application. We made an application to the Health Department based upon the engineer's calculations. Those calculations indicated we needed two sanitary flow credits and that is what we are applying for. I am not really sure why the Town Attorney is asking that it be up to two but that is certainly not my amendment and that was something that was placed in by the Town Attorney. So that is the only comment I have. TOWN ATTORNEY FINNEGAN: Well, as we discussed, Mark Terry reviewed it. Based on his calculations, he wasn't sure that you would actually need the full two credits and it was really for your benefit as the applicant because if you don't need two credits, you buy two credits, if you need the two, under this resolution the Town Board would authorize you to get the two. If you don't need the two, what you would do is, whatever you need certify that and that is all you buy. If you want to buy two, we can modify the resolution and pay for two and take them. MR. GOGGINS: That is what I would like to do, I would like to buy two. TOWN ATTORNEY FINNEGAN: Okay. It gives you the.... MR. GOGGINS: No, I understand but I don't want to have any problems in the future because of the way this is worded. I would rather buy two and that way I don't have any issues with the Health Department. If that is acceptable to the Board. SUPERVISOR RUSSELL: Yes. This is just a modest modification, we don't need to re- notice this, right? W TOWN ATTORNEY FINNEGAN: No. SUPERVISOR RUSSELL: We are going to seek transfer of two credits to create...yes, okay. MR. GOGGINS: Thank you. TOWN ATTORNEY FINNEGAN: Yes, it is in the whereas, we can amend it. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this particular local law? Transfer Sanitary Flow Credits Public Hearing April 24, 2012 PATRICIA MOORE: I am not opposed or anything. Just for clarification, there are three apartments and how many are affordable? SUPERVISOR RUSSELL: If he is transferring two credits, utilizing both credits, then that would create two affordable units. MS. MOORE: Okay. Inaudible. SUPERVISOR RUSSELL: He is free to make a third affordable if he wants. His requirement under the Sanitary Flow Program is to make affordable the number of units... MS. MOORE: That he gets the credit for. Okay. TOWN ATTORNEY FINNEGAN: We just don't have that calculation yet. Bill, can you wait two weeks for this resolution? Or is that going to mess you up with the Health Department? MR. GOGGINS: I can but I would like to get it done because every week is (inaudible). SUPERVISOR RUSSELL: Okay. TOWN ATTORNEY FINNEGAN: Okay, that is fine. We can amend it. SUPERVISOR RUSSELL: Can I get a motion to close the hearing? This hearing was closed at 5:14 PM Linda J. Cooper Deputy Town Clerk SUMMARY OF 13200 MAIN ROAD CORP.'S APPLICATION FOR TRANSFER OF SANITARY FLOW CREDITS THE PROPOSED APPLICATION THAT IS THE SUBJECT OF THIS AFTERNOON'S PUBLIC HEARING CONTAINS THE FOLLOWING DOCUMENTATION AND INFORMATION FROM THE TOWN CLERK'S RECORD: ^. PROOF THAT THIS PUBLIC HEARING HAS BEEN DULY NOTICED IN THE LOCAL NEWSPAPER AND THAT IT HAS BEEN POSTED ON THE TOWN CLERK'S BULLETIN BOARD. B. A MEMORANDUM FROM THE PLANNING BOARD DATED MARCH 6, 2012 WHICH RESPONDS TO THE TOWN BOARD'S REQUEST FOR COMMENTS ON THIS APPLICATION AS REQUIRED BY TOWN CODE §117-7 WHICH IN SUMMARY STATES THAT: 1. THE PARCEL IS LOCATED IN THE HB ZONE, IS LOCATED IN A HAMLET CENTER AND THAT THE PARCEL IS .311 ACRES; 2. THERE ARE LIMITED IMPACTS OF THE PROPOSED TRANSFER; 3. THE ACTION SUPPORTS THE TOWN'S COMPREHENSIVE PLAN; 4. THERE ARE NO SIGNIFICANT ENVIRONMENTAL IMPACTS TO ENVIRONMENTALLY DAMAGING CONSEQUENCES; 5. A CALCULATION OF THE DEFICIENT SANITARY FLOW IN GALLONS PER DAY ON THE PROPERTY; AND 6. RECOMMENDING THAT THE APPLICANT CONTACT THE SUFFOLK COUNTY WATER AUTHORITY FOR A DETERMINATION OF THE AVAILABILITY OF ADDITIONAL PUBLIC WATER SUPPLY FOR THIS PROJECT. C. A SEQRA RESOLUTION PASSED BY THIS BOARD ISSUING A NEGATIVE DECLARATION IN ACCORDANCE WITH THE RECOMMENDATION OF THE PRINCIPAL PLANNER DATED MARCH 22, 2012 AND A LONG EAF. D. A MEMORANDUM FROM THE CHIEF BUILDING INSPECTOR DATED MARCH 26, 2012 VERIFYING THAT A MULTIPLE DWELLING IS A PERMITTED USE IN THE HB ZONE. AN E-MAIL FROM THE TOWN PRINCIPAL PLANNER STATING THAT THE PLANNING BOARD SANITARY FLOW DEFICIENCY CALCULATION WAS CONFIRMED WITH THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES AND THAT THE APPLICANT WILL REQUIRE A VARIANCE FROM THE SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES. A MEMORANDUM FROM THE PLANNING BOARD DATED FEBRUARY 7, 2012 STATING THAT THE PLANNING BOARD SUPPORTS THE APPLICATION. A LEI-FER DATED JANUARY 25, 2012 FROM AN ADJACENT PROPERTY OWNER, MATTITUCK COMMONS, LLC, STATING THAT IT HAS NO OBJECTIONS TO THE PROPOSAL. A COPY OF THE APPLICATION AND SUPPORTING DOCUMENTATION SUBMITTED BY THE APPLICANT'S AGENT DATED JANUARY 12, 2012. THE FULL TEXT OF THE PROPOSED APPLICATION IS AVAILABLE FOR REVIEW IN THE TOWN CLERK'S OFFICE. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 2, 2012 Williams C. Goggins Goggins & Palumbo Attorneys & Counselors at Law PO Box 65 Mattituck, NY 11952 Dear Mr Goggins: Enclosed please find the resolution for the Sanitary Flow Credits for 13200 Main Road, Mattituck. If you have any questions please fell free to call. Very truly yours, Lynda M Rudder Deputy Town Clerk enc RESOLUTION 2012-382 a�8 ( z± � ADOPTED DOC ID: 7819 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-382 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 24,2012: WHEREAS,the Town of Southold has established a Transfer of Development Rights Program whereby sanitary flow credits can be transferred into a TDR Bank from open space lands purchased by the Town of Southold; and WHEREAS,the TDR Bank currently has 16.14 credits on deposit from lands purchased by the Town of Southold that are located within the Mattituck-Cutchogue School District; and WHEREAS, an Application for Transfer of Sanitary Flow Credits was filed by 13200 Main Road Corp. on January 18, 2012 seeking transfer of 2 credits to the property known as SCTM #1000-114-11-9 located on Route 25 in Mattituck, in the Mattituck-Cutchogue School District; and WHEREAS,the applicant seeks to utilize the credits on land designated as Hamlet Business (HB)to create affordable homes that will remain affordable in perpetuity, pursuant to Town Code Section 117-9; and WHEREAS,the applicant seeks to utilize the credits on land within a designated receiving area, and WHEREAS,the Town Board of the Town of Southold held a public hearing on the action on April 24, 2012 at which time all persons were given the opportunity to be heard; and WHEREAS,the Town Board conducted a coordinated SEQRA review of the action, and issued a Negative Declaration on March 27, 2012. NOW, THEREFORE, BE IT RESOLVED that the Town Board has evaluated the effects of the proposed transfer and finds that the District contains adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and further finds that there will be no significant environmentally damaging consequences and that such development is compatible with the comprehensive planning efforts of the Town, and the Town Board incorporated the report of the Planning Board dated March 6, 2012 regarding the same; and it is further RESOLVED that the Town Board of the Town of Southold hereby transfers two (2) sanitary flow credits from the Town's TDR Bank to 13200 Main Road Corp. for its proposed development of 3 affordable apartments in a multiple dwelling unit for the proposed development at SCTM 41000-114-11-9; and it is further Resolution 2012-382 Board Meeting of April 24, 2012 RESOLVED that upon issuance of the Sanitary Flow Credit Certificate, the Town Clerk shall enter this deduction of two (2) sanitary flow credits from the Sanitary Flow Credit Log; and be it further RESOLVED that the applicant shall receive a Sanitary Flow Credit Certificate, which shall not be signed by the Supervisor and released by the Town Clerk to the applicant until (i)the covenants and restrictions required by Town Code Section 117-9 have been filed and such filing has been approved by the Town Attorney, (ii)the applicant provide the Town Clerk with a Suffolk County Department of Health Services approval, and (iii)the applicant pays the per credit sale price established by the Town Board to the Town Clerk; and be it further RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town's database and GIS system. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 01 MOVER: Louisa P. Evans, Justice SECONDER:Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans ABSTAIN: Scott Russell Updated: 4/24/2012 6:32 PM by Linda Cooper Page 2 RESOLUTION 2012-302 ADOPTED DOC ID: 7735 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-302 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2012: RESOLVED that the Town Board of the Town of Southold hereby finds that the "Application of 13200 Main Road Corp. for Transfer of Sanitary, Flow Credits" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of Mark Terry dated March 22, 2012, and authorizes Supervisor Scott A. Russell to sign the full form EAF in accordance therewith, and is exempt from review under Chapter 268 of the Town Code of the Town of Southold, Waterfront Consistency Review. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell #10633 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), successfully commencing on the 12th day of April, 2012. Sworn to before me this principal Clerk LEGAL N(/I I~1~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of $outhoid will' hold a oublle hearing on the AP- Plication of 13200 Main Road Cora. for transfer of seaitarv flow credits at the Southold Town Hall. 53095 Main Road. Southoid, New york. on the 24th day of Aoril. 2012 at 4'~2 mm.. at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of sanitary flow credits in order to allow three ac- cessory apartments at 13200 Main Road, Mattituck, New York 11952. Dated: March 27, 2012 BY ORDER OF THE TOVI~LBO-~ I~ 17~; NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 Qualified In Suffolk County My Commll~slo/1 lxpltel Peb(uory 25. 2016 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the c~)n~' day ofx~,~, 2012, she affixed a notice of which the annexed printed notice is a true cop~, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: SCF 13200 Main Rd Corp 4/24/12 S.~om before me this day of {),,~_~ ,2012. Notary Pd~c ~Linda J. (Zooper Deputy Town Clerk [~ONN1E 1. DOROSKI Notary Public, State Of New York No. 01DO6095328, Suffolk CeunJ:lt lerm Expires July 7, 20 ,/D PLANNING BOARD MEMBERS DONALD J. WILCENSK/ Chair WILLLMM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Elizabeth A. Neville, Town Clerk Donald J. Wilcenski, Chairman, Planning Board '',~ ~ February 7, 2012 Resolution Number 2012-144 regarding Application for Transfer of Sanitary Flow Credits 1300 Route 25, Mattituck SCTM# 114-11-9.1 Thank you for the opportunity to provide comments on the referenced application. The Planning Board has reviewed the application and supports the proposal. CC: Scott Russell, Town Supervisor Members of the Town Board Town Attorney Town Hall Annex 54375 Main Road P.O. Box 1179 Southold. NY 11971-0959 MEMORANDUM BUILDING DEPARTMENT TOWN OF $OUTHOLD Telephone (631) 765 1802 Fax (631) 765-9502 RECEIVED MAR 2 6 2012 $outhold Town [l,dt TO: Town Board FROM: Michael J. Verity, Chief Building Inspector DATE: March 26, 2012 REQUIREMENTS FOR TRANSFOR OF DEVELOPMENT RIGHTS & CERTIFICATION Project: Janet L. Grabie Location: 13200 NYS Road 25, Mattituck SCTM# 1000 - Section 114- Block 1~1 Lot 9.1 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 144 AND 280 OF THE SOUTHOLD TOWN CODE. 2. THE PROPOSED USE MULTIPLE DWELLING IS A PERMITTED USE IN THIS HB DISTRICT AND IS SO CERTIFIED. Michael J.Verkyl/ Chief Building Inspector MATTIUCK COMMONS, LLC. C/O McCARTHY MANAGEMENT 46520 RT. 48, SOUTHOLD, NY 11971 631-765-5815 - RECEIVED dAN 3 0 2012 Soulhold Town Janua~ 25,2012 Town of Southold, Town Board PO Box 1179 Southold, NY 11971 Re: Application for Health Dept. Approval Dear Sir or Madam: This letter is to inform you that Mattituck Commons, LLC. has no objection to the proposed application for obtaining Health Department Approval for 3 Apartments for Tax Map # 1000-114.00-11.00-009.001, property address 13200 Main Road, Mattituck, NY 11952. Sincerely, cc. Goggins & Palumbo PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. ClaMORS KENNETH L. EDWARDS JAMES H. RIClt III MARTIN H. SIDOR PLANNING BOARD/OFFICE TOWN OF $O/~OLD To: Martin Finnegan, Town Attorney ~/' From: Mark Terry, Principal Planner \'~'--~ Date: March 23, 2012 ~.]r,rNG ADDRESS: P.O. Bbx 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southoid, NY Telephone: 631 765-1938 Fax~ 631 765-3136 RECEIVED MAR 2 3 2012 SoufhoId Town Clerk Re: SEQR for William Goggins for J. Bagshaw as Executor As requested I.reviewed the long FAF submitted for the purchase of (2) two Soufl3old Town Sanitary Flow Credits pursuant to Chapter 117, Development Rights, Transfer of; for the establishment of affordable housing on the parcel and recommend that a Negative Declaration be isSued. The narrative follows. If you have any questions please Call. Enc. Planning Board PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chs/r WILLIAM J. CRF, MEHS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAI],EMG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hsll Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold. NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant March 22, 2012 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (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: William Goggins for J. Bagshaw as Executor S CTMtk. 1000-114.-1t-9. Zone: HB Location: 13200 Main Road, Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The pumhase of (2) two Southold Town Sanitary Flow Credits pursuant to Chapter 117, Development Rights, Transfer of; for the establishment of affordable housing on the parcel. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. The determinalJon Was based upon the following: SEQR Negative Declaration - PaRe Two !,mpact On Land The pumhase of the credit will have no adverse impact on land. ,Impact of Water 1. Water Supply Public water is supplied to the parcel by the Suffolk County Water Authority. It is estimated that the three residential units would utilize approximately 600 gallons of water per day. An increase of 400 gpd over existing conditions. It is recommended that the applicant contact SCWA for a determination of the availability of Public Water Supply for t~is project. However, no significant impacts to public water supply will result. 2. Sanitary Disposal The proposed action conforms with the comprehensive plan but not with zoning. A vadance for the 486.3 sq. ft. apartment is required; the minimum size of a dwelling unit is 850 sq ft. 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 pattems 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. Therefore, the allowable nitrogen bearing flow for the overall .31 acre site is 186 gpd. 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: Housing Unit up to 600 sq. ft. gross floor area 150gpdx 1 = 150gpd Housing Unit between 601 and 1200 sq. ft. gross floor area 225gpdx 2 = 450gpd As indicated above the assigned flow is 186gpd (essentially 31 percent of 600gpd) therefore the calculated flow is deficient by 414gpd. SCDOH only allows up to double calculated flow (density) which equals 372gpd. Therefore an additional 42 gpd are needed for the action to Comply with SCDOH policy. However, mitigation to the groundwater impacts-in Zone IV is proposed through the purchase of two Southold Town Sanitary Flow Credits. Suffolk County Department of Health Services (SCDHS) Realty subdivision (Article 6) and water supply (Article 4) approval is required. SEQR Negative Declaration - Pa,qe Three 3. Ground or Surface Water Quality or Quantity Sanitary flow on the parcel will increase as a result of the creation of three Units on the properly. However, ground water impacts to the aquifer will be mitigated through the pumhase of 2 (two) sanitary flow credits equal to 2 (two) development rights. No surface water is located within the vicinity of the site. 4. Flooding The proposed improvements are located within FEMA Flood Zone X; 'areas identified as areas of moderate or minimal hazard from the principal source of flood in the area, therefore, the potential impacts from threat of flooding are Iow. Impact on Air No substantial adverse change in existing air quality is expected to occur. Impact on Plants and Animals The parcel is not located within a New York State Department of Environmental Conservation Critical Environmental Area or a New York State Department of State Significant Fish and Wildlife Habitat Area. The parcel is developed. Therefore, the potential occurrence of rare or threatened plants or animals on site or within the vicinity of the site is Iow. The parcel is residentially landscaped. No significant removal or destruction of lar,qe quantities of vegetation is expected to occur. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area is expected to occur. Impact on A;Iricultural Land Resources The parcel is located within the Hamlet Business District and not currently in agricultural production. Therefore, no adverse impacts to agricultural lands will occur. Impact on Aesthetic Resources The parcel is located adjacent to a designated New York State Scenic Byway (S.R. 25) and west of Traveler Street. The site is now improved with a single family residence and parking area. SEQR Ne,clative Declaration - Pa.qe Four No substantial adverse impacts to aesthetic resources are expected to occur. Impact on Historical and ArcheoloRical Resoumes The action will not affect important historical or archaeological resources. Impact on Open Space and Recreation No impacts to public open space or recreational areas will occur as a result of this action. Impact on Critical Areas The proposed action is not located within a New York Department of Environmental Conservation Critical Environmental Areas. Impact on TransPortation No significant traffic volume (generation) or flow will occur. Impact of Enemy No major change in the use of either the quantity or type of energy will occur. Noise and Odor Impact No substantial change in noise or odor is expected to occur. Impact on Public Health No creation of a hazard to human health is expected to occur. No substantial increase in solid waste production, leaching or drainage problems is expected to occur if the proposed action is implemented as planned. Impact on Growth, Character of Community or NeiQhborhood The proposed action is not in a si.qniflcant material conflict with a community's current plans or goals as officially approved or adopted. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. SEQR Negative Declaration - PaRe Five For Further Information: Contact Person: Address: Telephone Number: Mark Terry, Principal Planner Planning Board (631) 765-1938 CC: Southold Town Zoning Board of Appeals Southold Town Clerk for Town Board Southold Town Building Department Southold Town Engineer Architectural Review Committee Suffolk County Department of Health Services Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Thursday, March 22, 2012 12:55 PM To: Verity, Mike Cc: Neville, Elizabeth; Andaloro, Jennifer; Finnegan, Martin; Krauza, Lynne Subject: Transfer of Sanitary Flow Credits Tracking: Recipient Read Verity, Mike Read: 3/22/2012 1:38 PM Neville, Elizabeth Read: 3/22/2012 1:08 PM Andaloro, .lennifer Read: 3/22/2012 1:16 PM Finnegan, Martin Krauza, Lynne Hi Mike, On February 3 I sent a letter to you requesting your recommendations with regard to the application for the transfer of Sanitary Flow Credits for 13200 Main Rd., Mattituck SCTM #1114-11.9.1. The Town Board would like to schedule this for a Public Hearing but needs your comments before they can proceed. Please provide your recommendations as soon as possible. Thanks. Linda J. Cooper' Deputy Town Clerk Town of Southold 631-765-1800 Life may not be the party we hoped for, but as long as we are here, we might as well dance! The difference between try and tdumph is a little "umph"! 3/22/2012 Page 1 of I Cooper, Linda From: Krauza, Lynne Sent: Thursday, March 22, 2012 12:38 PM To: Neville, Elizabeth; Cooper, Linda; Rudder, Lynda Cc: Andaloro, Jennifer Subject: FW: Willaim Goggins Site Plan SEQRA Sanitary Flow This email should be inserted in the record re: Goggins/13200 Main Road Corp.- Application for Sanitary Flow Credits. Thank you. From: Terry, Mark Sent: Thursday, March 22, 2012 11:47 AM To: Andaloro, .lennifer Subject: Willaim Goggins Site Plan SEQRA Sanitary Flow Uen, I spoke to Craig Knepper of the SCDOH and he confirmed that the calculations are correct. The applicant will have to seek a variance from the Board of Review because the proposal is over the double density SCDOH flow regulations. 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~town.southold.n¥.us 3/22/2012 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY j ennifer.andaloro@ town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Mr. Mark Terry, Principal Planner Mar~in D. Finnegan~ Town Attorney February 2, 2012 13200 Main Road Corp. - SEQRA Application for Transfer of Sanitary Flow Credits Attached please find a copy of the Application for Transfer of Sanitary Flow Credits in connection with the referenced matter. Kindly prepare a SEQRA review for this Application. We would appreciate this review prior to the next Town Board meeting on February 14th. If you have any questions, please do not hesitate to contact me. Thank you for your attention. MDF/Ik Enclosures ~ cc: Ms. Elizabeth A. Neville, Town Clerk (w/o encls.) RESOLUTION 2012-303 ADOPTED DOC ID: 7742 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-303 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2012: RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the Application of 13200 Main Road Corp. for transfer of sanitary, flow credits at the Southold Town Hall~ 53095 Main Road~ Southold, New York~ on the 24Yh da.y of April~ 2012 at 4:32 p.m.~ at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of sanitary flow credits in order to allow three accessory apartments at 13200 Main Road, Mattituck, New York 11952. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Kmpski Jr., Evans, Russell ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 3, 2012 Re: Resolution No. 2012-144 regarding Application for Transfer of Sanitary Flow Credits Donald Wilcenski, Chairman Southold Town Planning Board Southold Town Hall Annex Southold, New York 11971 Dear Mr. Wilcenski: The Southold Town Board, at their regular meeting held on January 31, 2012, adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report defining the Planning Board's recommendations with regard to the application and forward it to the Town Clerk's office at your earliest convenience. A complete copy of the application is enclosed. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Linda J. Cooper Deputy Town Clerk Enclosures cc: Town Board (t.~/o et'cO Town Attorney (u~/o e a ,-.) ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 3,2012 Re: Resolution No. 2012-144 regarding Application for Transfer of Sanitary Flow Credits Michael Verity, Chief Building Inspector Southold Town Hall Annex Southold, New York 11971 Dear Mr. Verity: The Southold Town Board, at their regular meeting held on January 31, 2012, adopted the above resolution. A certified copy of same is enclosed. Please prepare an official report of your recommendations with regard to the application and forward it to the Town Clerk's office at your earliest convenience. A complete copy of the application is enclosed. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Linda J. Cooper Deputy Town Clerk Enclosures cc: Town Board Town Attomey LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold will hold a public hearing, on the Application of 13200 Main Road Corp. for transfer of sanitary flow credits at the Southold Town Hall 53095 Main Road~ Southold~ New York~ on the 24th day of Aprik 2012 at 4:32 p.m, at which time all interested persons will be given an opportunity to be heard. The applicant has requested the transfer of sanitary flow credits in order to allow three accessory apartments at 13200 Main Road, Mattituck, New York 11952. Dated: March 27, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON April 12, 2012 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Building Dept Town Clerk's Bulletin Bd Town Board Members Planning Dept. Website Town Attorney Comptroller Southold Town Board - Letter Board Meeting of January 31,2012 RESOLUTION 2012-144 ADOPTED Item # 5.37 DOC ID: 7588 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-144 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to forward the Application for transfer of sanitary flow credits filed by 13200 Main Road Corp. to the Planning Board and Chief Building Inspector. to prepare official reports regarding the proposed transfer pursuant to Section 117-7(C) of the Town Code. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell Generated February 1, 2012 Page 51 Page 1 of 1 Cooper, Linda From: Candice Schott [cschott@timesreview.com] Sent: Monday, April 02, 2012 3:58 PM To: Cooper, Linda Subject: RE: 13200 Main Rd Corp PH Legal Hi Linda, Good to go here as well. © Candice From: Cooper, Linda [mailto:Linda.Cooper@town.southold.ny.us] Sent: Monday, April 02, 2012 3:10 PM To: tr-legals Subject: 13200 Main Rd Corp PH Legal Once again, please confirm receipt of this Legal Notice of Public Hearing for the April 12, 2012 edtion of the Suffolk Times. This should do it for today, Thanks Icoop 4/3/2012 January l8,2012 GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW Southold Town Clerk 53095 Main Road Southold, New York 11971 P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 JAlt 1 B 20E Southold To~n Cl~rl~ WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. TRACY L. KARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal Re: 13200 Main Road, Mattituck, New York; William C. Goggins SCTM No. 1000-114.00-11.00-009.001 Sanitary Flow Credits Dear Sir/Madam: We ask the Town Board to consider transferring two (2) sanitary Flow Credits in connection with the above referenced property. We seek to construct three (3) apartments in the Hamlet Business District: Enclosed please find the following documents: 1. Application for Sanitary Flow Credits; 2. Transactional Disclosure Form; 3. Environmental Assessment Form; 4. Notice to Adjacent Property Owners; and 5. Affidavit of mailing of Notice. If you have any questions, please do not hesitate to contact the undersigned. Thank you. WCG\dmp enclosures ly yours, William ~ APPLICATION FOR TRANSFER OF SANITARY FLOW CREDITS APPLICATION NAME: 13200 Main Road, Corp. (Name under which application shall be known) SUFFOLK COUNTY TAX MAP NO.: 1000- 1 1 4 . 00 District A. SUBMISSION INFORMATION: - 1 1400 - 0 0 9 .0 0 i i31ock Lot Application is hereby made to the Southold Town Board for the transfer of a sanitary flow credit pursuant to Chapter 87 of the Town Code. B. GENERAL INFORMATION: 1. Name Of Applicant(s): 13200 Main Road. Corp. by Wtll:tam C. Goggtns Address: P.O. Box 65, Mattttuck, NY 11952 Telephone No. 631-298-4200 If the applicant does not own the property or is a contract vendee, prepare the endorsement at the end of this form establishing owner's authorization of the applicant's request. Is the applicant a contract vendee? Yes X No __ Is the applicant a corporation or parmership? Yes X No __ If yes, give the name and title of the responsible officer: Name: William C. Goggins Title: President Address:Of different) o Telephone No.: Landowner(s): Estate of Janet C. Grabie Title: John L. Bagshaw, Executor Address: 27 Bayberry Lane, Jamesport~ NY 11947 Telephone No.: Name of Attorney, or Agent authorized to represent the property owner and/or applicant: Name: None Title: Name of Firm: Address: Telephone No.: All communications with regard to this application shall be addressed to the following person until further notice: Name: William C. Goggi_ns Title: Address: same as above Telephone No.: C. SITE/PROJECT DATA: 1. LocationofProperty 13200 Main Road~ Mattftuck, New York 2. Existing zoning district(s) Hamlet Business Special Overlay District(s), if applicable n/a 3. Lot area: 13,568 sq. ff or acres .311 acres 4. Existing: Building Area 2056 sq. t~. Lot coverage_ 157o Please attach a detailed typewritten description of the project, the proposed use and operation thereof, including a detailed explanation of the design concept, the reason for the particular design, objective of the developer or project sponsor, why the credit is needed. 6. Does property have an existing cesspool and/or septic tank? X Yes __ No 7. School District MattttuckvCutchogue 8. An appropriate Environmental Assessment Form (EAF) must be attached. All Unlisted and Type I Actions require either a Short or Full EAF to be prepared. D. I hereby depose and certify that all of the above statements of information, and all statements And information contained in the supporting documents and drawings attached hereto are true and correct. Sworn before me this ~ day of January ,20i2/? - NOTAR~ PUBfI~/ -- ~i; : i¢.-i ,LMER x, ,~.,y ~b!ic, State of New York , ¢i' ot~50!::'q 8, Suffolk Count~'.'~c , ,v,,mssl3ri t-::, ')gcernber 9, E. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORbl The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: 13200 Main Road, Corp. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If"Other", name the activity) Building Trustee Coastal Erosion Mooring Planning Application for transfer of Sanitary Flow Credits Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold n/a Title or position of that person n/a Describe the relationship between yourself (the applicant/agent/representative) 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 spouse, sibling, parent, or child is (check all that apply): ___A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ j~ 20. 12 Signature ·/// PrintName William C. Go,gins, Contract Vendor ~hn L. Bag~haw, OW~mr I, John L. Bagshaw Jamesport, NY 11947 AUTHORIZATION (where the Applicant is not the Owner) residing at 27 Bayharry Lnne do hereby authorize William C. Goggins to apply for a transfer of sanitary flow credit on my behalf. Owner's Signature: ~'~/~t/~ C~ ~-~ TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of : 13200 Main Road~ Corp. : : to the Town Board of the Town of Southold.: TO: Mattituck Commons, LLC Michael Herbert Jack and Donna Hamilton 13400 Main Road, Corp. Mary Berdinka NOTICE TO ADJACENT PROPERTY OWNERS 13235 Main Road,Corp Orioli & Son Rental, LLC YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request Sanitary FlowCredit(s) for thepurposeof obtaining Health Department approval for three (3) apartments 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: SuffolkCounWTaxMap# 1000- 114.00 - 11.00 - 009.001 ProperPyAddress: 13200 Main Road, Mattituck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: Hamlet Business 4. 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. 5. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date of such hearing in the Suffolk Times or 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 lg, ,2012 13200 Main Road, Corp. Petitioner Mailing Address: P.O. Box 65 Mattituck, NY 11952 NAME PROOF OF MAILING NOTICE ADDRESS See List attached hereto and made a part hereof. STATE OFNEWYORK : SS : COUNTY OFSUFFOLK : Elaine T. Villano _, residing at Mattituck, New York , being duly sworn, deposes and says that on the 1 ~th day of January ~ 20 12 , deponent mailed a true copy of the Notice set forth on the reverse 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 Office at Mattftuck, NY ; that said Notices were mailed to each of the said persons by certified, registered receipt mail. Swombe~re methis Of i~ day ~ ,, 20. 12 .. Notary Signature Re: 13200 Main Road, Mattituck, New York 11952 SCTM No. 1000-114.00-11.00-009.001 1) 2) 3) 4) 5) 6) 7) 1000-114.00-11.00-018.000 Mattituck Commons, LLC c/o Thomas J. McCarthy Management 46520 County Road 48 Southold, New York 11971 1000-114.00-11.00-008.000 Michael Herbert P.O. Box 1150 Mattituck, New York 11952 1000-114.00-11.00-011.001 Jack and Donna Hamilton P.O. Box 959 Mattituck, New York 11952 1000-114.00-11.00-009.004 13400 Main Road, Corp. P.O. Box 54 Mattituck, New York 11952 1000-140.00-03.00-036.000 Mary Berdinka P.O. Box 1425 Mattituck, New York 11952 1000-140.00-03.00-038.005 13235 Main Road Corp. P.O. Box 65 Mattituck, New York 11952 1000-140.00-03.00-038.004 Orioli & Son Rental, LLC 22 Roberta Lane Syosset, New York 11791 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been ordedy, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions enufy t~e Portions of ~F completed for this proJect: U Part I I I Part 2 I IPart 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: r'~'lA. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions _c, cntt A_ RH~II Print or Type N~f~/e of Responsible Officer in Lead Agency Si§natu~ of Responsibl~ Officer in Lead Agency website Name of Action Town of Southold Name of Lead Agency Suoervisor Title of Responsible Officer Signature of Preparer (If different from responsible officer) January 17, 2012 Date Page 1 of 21 PART 1--PROJECT INFORMATION Prepared by ProJect Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NameofAction 13200 Main Road, COrp. Location of Action (include Street Address, Municipality and County) 13200 Main Road, Mattituck, New York 11952 NameofApplicant/Sponsor 13200 Main Road, Corp. Address P.O. Box 65 City/PO Mattituck. State [~y ZipCode ] 1957 Business Telephone 631-298-4200 NameofOwner(ifdifferent) Estate of Janet C. Grabte by John L. BaRshaw Address 27 Bayberry Lane City/PO 0'amespor t Business Telephone c/o 631-298-4200 State NY ZipCode 11947 Description of Action: Page 2 of 21 Please Complete Each Question-Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban [] Industrial [] Commercial [] Forest [] Agriculture [] Other r~ Residential (suburban) [] Rural (non-farm) Total acreage of project area: · 3 Z 1 acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24,25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) Reads, buildings and other paved surfaces Other (Indicate type) PRESENTLY AFTER COMPLETION · 31 1 .acres .311 acres 0 acres acres 0 acres acres 0 acres acres 0 acres acres 0 acres acres .011 acres ,11 acres .3 .201 acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ~Well drained 100 % of site [] Moderately well drained % of site, D Poorly drained __% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NYS Land Classification System? acres (see 1 NYCRR 370). 4. Are there bedrock outcroppings on prqject site? [] Yes ~ No a. What is depth to bedrock (in feet) Approximate percentage of proposed project site with slopes: r~O_l o% 0 % r~lo_ 15% % r--] 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? r-~ Yes [] No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ~ Yes ~=-]No 8. What is the depth of the water table? 12 o 5 (in feet) 9, Is site located over a primary, principal, or sole source aquifer? r~Yes ~ No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes ]No Page 3 of 21 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? DYes []No iccordin~ to: Identif~ each species: I 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations? E]Yes []No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? DYes ~No r ~,es, explain: 14. Does the present site include scenic views known to be important to the community? DYes ~'-IN0 15. Streams within or contiguous to project area: None None ] $. Lakes, ponds, wetland areas within or contiguous to project area: Name of Stream and name of River to which it is tribuLary n/a Size (in acres): .311 Page 4 of 21 17. Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capacity exist to allow connection? [] Yes b. If YES, will improvements be necessary to allow connection? DNo []Yes []No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 2S-AA, Section 303 and 304? DYes []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 6177 []Yes EaNo 20. Has the site ever been used fo~ the disposal of solid or hazardous wastes? B. 1. Project Description Physical dimensions and scale of project (fill in dimensions as appropriate). r""lYes [] No Total contiguous acreage owned or controlled by project sponsor: Project acreage to be developed: o 311 acres initially; .311 Project acreage to remain undeveloped: 0 acres. Length of project, in miles: (if appropriate) · 311 acres. acres ultimately. 13,568 sq.ft. If the project is an expansion, indicate percent of expansion proposed. % Number of off-street parking spaces existing 5 ; proposed ~ Maximum vehicular trips generated per hour: i (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family × Initially Ultimately i. Dimensions (in feet) of largest proposed structure: 35 height; j. Linear feet of frontage along a public thoroughfare project will occupy is? Multiple Family Three Condominium 2. How much natural material (i.e. reck, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed E]Yes ONo []N/A a. If yes, for what intended purpose is the site being reclaimed? topsoil be stockpiled for reclamation? [] Yes [] No b. Will c. Will upper subsoil be stockpiled for reclamation? [] Yes ~ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 30 width; 35 length. 72. ~ ft. Pre-existing 0 tons/cubic yards. 0 acres. Page 5 of 21 10. Number ofjobs eliminated by this project g 1 1. Will proJect require relocation of any proJects or facilities? [] Yes [] No If yes, explain: 12. Is surface liquid waste disposal involved? ~ Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes ~ No Type Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? DYes ~No If single phase project: Anticipated period of construction: 3 months, (including demolition) 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 I functionally dependent on subsequent phases? [] Yes ~ No Will blasting occur during construction? N Yes [] No Number of jobs generated: during construction 8 ; after project is complete 0 14. Will surface area of an existing water body increase or decrease by proposal? ~ Yes [] No if yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? r']Yes 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month?__ tons unkaow[1 b. If yes, will an existing solid waste facility be used? [] Yes [] No If yes, give name Cess Pools ; location on site Will any wastes not go into a sewage disposal system or into a sanitary landfill? DYes [] No Page 6 of 21 e. If yes, explain: 1 7. Will the project involve the dis~sal of solid waste? r'~'lYes DNo 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 pasticides? DYes ~No 19, Will project routinely produce odors (more than one hour per day)? NYes r~No 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes r~ No 21. Will project result in an increase in energy use? [] Yes [] NO yes, indicate typa(s) One (1) family dweling to three apartments (3) will increase electricity use 22. If water supply is from wells, indicate pumping capacity_ gallons/minute, n/a 23. Total anticipated water usage per day gallons/day. ?ublic Water 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain: Page 7 of 21 25. Approvals Rnguire~: Type Submittal Date Zoning Board Appeals 1/17/2012 City, Town, Village Board ~ Yes [] No City, Town, Village Planning Board r~ Yes ~ No Planning Board Town Board Sanitary System 1/25/2012 (anticipated) City, Town Zoning Board r~Yes N No 1/17/2012 City, County Health Department [] Yes ~ No 1/30/2012 (anticipated) Other Local Agencies []Yes ~ No Building Department 4/1/2012 Other Regional Agencies r-]Yes N No State Agencies [] Yes N No Federal Agencies ~ Yes ~ No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? ~Yes ~ No If Yes, indicate decision required: r'"l zoning amendment [] Zoning variance [] New/revision of master plan r~ site plan r-1 special use permit [] Resource management plan N Subdivision ~'~ Other Page 8 of 21 2. What is the zoning classification(s) of the site? Hamlet Business What is the maximum potential development of' the site if developed as permitted by the present zoning? Mult i Family What is the proposed zoning of the site? Hamlet Business 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? a/a Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No What are the predominant land use(s) and zoning classifications within a ~ mile radius of proposed action? Bus f. ne s s, Apartments 8. Is the proposed action compatible with adjoining/surrounding land uses with a ¼ mile? 9. If the proposed action is the subdivision of land, how many lots are proposed? [~O a. What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~ Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection? DYes ~'lNo If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 1 2. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a, If yes, is the existing road network adequate to handle the additional traffic. DYes ~ No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. 13200 Main Road, Corp. Date 1-17-2012 ApplicantfSpons /~ ~y:CrN~ffe wiiiiam C. Goggins Signature Title Pres ident If the action is in the Coastal Ama, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if thera will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check theYes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? .o [] YES [] Exsmp!ea that would apply to column 2 Any construction on slopes of t5% or greater, (15 foot rise per 100 foot of length), or whera the general slopes in the proiect area exceed '10%. Construction on land where the depth to the water table is less than 3 feet. Construction of paved parking area for 1,000 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one phase or stage. Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. [] [] ~Yes [~INo [] Yes []No [] [] []Yes []No [] [] DYea [] [] Yes []No [] [] []Yes []No Page 11 of 21 Construction or expansion of a santary landfill. Construction in a designated floodway. Other impacts: 1 Small to Moderate Impact [] [] [] 2 Potential Large Impact 3 Can Impact Be Mitigated by Project Change []Yes []No []Yes []No []Yes ENo Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) D.o DYES Specific land forms: Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) []NO []YES Examples that would apply to column 2 Developable area of site contains a protected water body. Dredging more than 100 cubic yards of material from channel of a protected stream. Extension of utility distribution facilities through a protected water body. Construction in a designated freshwater or tidal wetland. Other impacts: 4. Wil~ Proposed Action affect any non-protected existing or new body of water? F~NO []YES Examples that would apply to column 2 A 10 ~/o increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] []Yes []No ]Yes []No []Yes •No DYes []No ]Yes •No []Yes •No I DYes •No []Yes •No DYes •No Page 12 of 21 Will Proposed Action affect surface or groundwater quality or quantity? Examplee that would apply to column 2 Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a water supply system. Proposed Action will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services. Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] r-]Yes []No [] DYes ~.o [] r'~ DYes DN° [] NYes rq.o [] [] []Yes ~.o [] ~ ~Yes •No [] [] DYes •No [] [] DYes [],o [] [] DTM •No [] [] []Yes •No [] [] DYes r~No rq [] [~Yes r~ No Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? []YES Examples that would apply to column 2 Proposed Action would change flood water flows [] Proposed Action may cause substantial erosion. [] Proposed Action is incompatible with existing drainage patterns. [] Proposed Action will allow development in a designated [] floodway. Other impacts: [] IMPACT ON AIR [] []Yes [].o [] []Yes [].o [] []Yes []No [] []Yes r' No [] []Yes []No Will Proposed Action affect air quality? Examples that would apply to column 2 Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. Proposed Action will allow an increase in the density of industrial development within existing industrial areas. Other impacts: [] []Yes []No [] []Yes []No [] []Yes []No [] []Yes •No ~ [] []Yes ~No [] [] E]Yes NNo IMPACT ON PLANTS AND ANIMALS Will Proposed Action affect any threatened or endangered species? ITl"o Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. [] [] []Yes ~No Page 14 of 21 Removal of any portion of a critical or significant wildlife habitat. Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. Other impacts: Will Proposed Action substantially affect non-threatened or non- endangered species? £xamplea that would apply to column 2 Proposed Action would substantially interfere with any reaident or migretory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. Other impacts: I IMPACT ON AGRICUL'I~IRA[:'~D RESOURCES 10. Will Proposed Action affect agricultural land resources? E .o Examples that would apply to column 2 The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] []Yes C~No [] []Yes r']No [] []Yes []No [] []Yes •No [] [] []Y~s •No [] [] E]Yes ~No [] [] []Yes []No [] [] []Yes []No Page 15 of 21 The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). Other impacts: IMPACT ON AESTHE'RC RESOURCES 11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) [].o I-lYEs t~xsmples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whather man-made or natural. Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant screening of scenic views known to be important to the area. Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] [] [] [] [] [] [] DYes r--lEo [] DYes ~.o [] r'=l Yes •No [] DYes ~.o [] DYes •No [] DYes []No [] DYes •No [] DYes ~.o Page 16 of 21 Other impacts: IMPACT ON OPEN SPACE AND RECREA~ON 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] r-]Yes []No 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? [].o rq~s Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. A major reduction of an open space important to the community. Other impacts: I ,, IMPACT ON CRITICAL ENVIRONMENTAL AREAS [] [] I--lYes I--I.o [] [] []Yes []No [] [] []Yes []No 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? [].o r~ES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 Proposed Action to locate within the CEA? Proposed Action will result in a reduction in the quantity of the resource? Proposed Action will result in a reduction in the quality of the resource? Proposed Action will impact the use, function or enjoyment of the resource? Other impacts: [] I--IVes [].o [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] DYes [].o Page 17 of 21 IMPACT ON 'rRANSPORTATION 15. Will there be an effect to existing transportation systems? [NO BYES Examples that would apply to column 2 Alteration of present patterns of movement of people and/or goods. Proposed Action will result in major traffic problems. Other impacts: IMPACT ON ENERGY 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change [] [] []Yes []No [] [] [] [] []Yes [] No DYes •No 16. Will Proposed Action affect the community's sources of fuel or energy supply? []NO BYES Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. Other impacts: NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? []YES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, schoo~ or other sensitive fadli[y. Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the Iocel ambient noise levels for noise outside of structures. Proposed Action will remove natural barders that would act as a noise screen. Other impacts: [] [] []Yes •No [] [] BYes •No [] [] DYes •No [] [] [] [] [] [] DYes F-IN• [] DYes •No [] OYes •No [] Dyes I-l.o [] DYes •No I Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and sa[ety? Proposed Action may cause a risk of explosion or re~ease of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) [] [] []Yes []No [] DYes []No Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. [] [] DYes •No [] [] ~Yes []No Other impacts: [] []Yes •No IMPACT ON GROW'IH AND CHARAC3ER OF COMMUNITY ON NEIGHBORHOOD 19. Will Proposed Action a[fect the character of the existing community? [].O []YES Examples that would apply to column 2 The permanent population of the city, town or village in which the project is ~ocatod is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed Action will conflict with officially adopted plans or goals. Proposed Action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) [] []Yes •No [] []Yes []No [] []Yes •No [] []Yes []No [] []Yes •No [] DYes •No Page 19 of 21 1 Small to Moderate Impact 2 3 Potential Can Impact Be Large Mitigated by Impact Project Change [] DYes [].o Proposed Action will set an important precedent for future projects. Proposed Action will create or eliminate employment. [] [] DYes DN0 Other impacts: [] [] DYes []No I ,I 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? r~NO []YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. InstTuctions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important, To answer the question of importance, consider: The probability of the impact occurring The duration of the impact Its irreversibility, including permanently lost resources of value Whether the impact can or will be controlled The regional consequence of the impact Its potential divergence from local needs and goals Whether known objections to the project relate to this impact. N/A Page 21 of 21 PHILLIP BELTZ Special Projects Coordinator Town of Southold P.O. Box 1179 Southold, NY 11971 Tel. (631) 765-5806 Fax (631) 765-1823 ~OP~L~ HOIJ$1N~ PRO~R.~tM~ Date (Name of household) currently residing at (address) has been awarded a Certificate of Eligibility to participate in the Town of Southold's Affordable Housing Programs for (site) for the following ' Rental Housing bedrooms Permanent Housing bedrooms As per attached Town of Southold Housing Application, I have reviewed and verified the tenants' financial information and residency requirements and hereby attest that they satisfy requirements as set forth by the Town Board's affordable housing policies. Sincerely, Phillip Beltz Special Projects Coordinator Note: Information provided on housing applications will be reviewed as necessary and this certificate may be revoked due to a change in eligibility requirements (e.g. income, family size, etc.) RESOLUTION (ID # 6996) REVIEWED DOC ID: 6996 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. (ID # 6996) WAS REVIEWED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2011: RESOLVED that the Town Board of the Town of Southold hereby sets the maximum sales price and maximum allowable monthly rent for 2011 for affordable housing units as follows: Home Purchase Price May Not Exceed: Households earning 80% or less of the HUD median income for Nassau/Suffolk $212,250' Households earning 100% or less of the HUD median income for Nassau/Suffolk $265,000** * 2.5 times the 80% median income for Nassau/Suffolk Counties ($84,900) ** 2.5 times the 100% median income for Nassau/Suffolk Counties ($106,000) Monthly Rental Amounts May Not Exceed (utilities not included): Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom $928*** $995*** $1,193'** $1,379'** $1,538'** *** represents Nassau/Suffolk Low Home Rent Limits Elizabeth A. Neville Southold Town Clerk TOWN BOARD, TOWN OF SOUTHOLD : In the Matter of the Petition of : 13200 Main Road~ Corp. : : to the Town Board oftbe Town of Southold.: TO: Mattituck Commons, ~C Michael Herbert Jack and Donna Hamilton 13400 Main Road, Corp. Mary Berdinka NOTICE TO ADJACENT PROPERTY OWNERS 13235 Main Road,Corp Orioli & Son Rental~ LLC YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to request Sanitary Flow Credit(s) for the purpose of obtaining Health Department approval for three (3) apartments 2. That the property which is the subject of the Petition is located adjacent to your property and is described as follows: Suffolk County Tax Map # 1000- 114.00 - 11.00 - 009.001 Property Address: 13200 Main Road, Mattttuck, New York 11952 3. That the property which is the subject of such Petition is located in the following zoning district: Hamlet Business 4. That within five days f~om 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. 5. That before the relief sought may be granted, a public heating must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the date &such heating in the Suffolk Times or 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 1[, ,2012 13200 Main Road, Corp. Petitioner Mailing Address: P.O. Box 65 Mattituck, NY 11952