HomeMy WebLinkAbout1000-53.-1-6CLUSTERED RE-SUBDMSION
SITUATE: ARSHAMOMOQUE
TO~/~f: SOUTHOLD
SUFFOLK COUNTY, NEW YORK
SUFFOLK OOUNT¥ TAX ¢'S
IOOO - 55 - I - 6
IOOO- 5D - I --7
SU~VEYED~ JUNE 15, 2OI2
P-.F::'v'ISEI3'~ JULY q~ 2OI2, JUL% 28, 2OI2
AUcUST O~, 2OI2
APPROVED BY
PLANNING BOAI~D
TOWN OF SOUTHOLD
~,T~ ~P 1 O 2012
AUG 15 ~12 ,'
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1000-53 -I-'1
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JOHN C. EHLERS
6EASTMAINSTREET
R1VERHEAD, N.Y. 11901
369-8288 Fax369-8287
LAND SURVEYOR
N.Y.S. ~C. NO. 50202
REF-C:\Users~JohnkDropbox\12\12-135.pro
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM 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
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
September 18, 2012
Mr. Michael Pekunka
475 Pipes Neck Rd.
Greenport, N.Y. 11944
Re:
SEQRA & Final Approval - Proposed Lot Line Modification for Michael
Pekunka
Located on the on the east side of Pipes Neck Road in Greenport
SCTM#1000-53-1-6 & 7
Zoning Districts: LI
Dear Mr. Pekunka:
The Southold Town Planning Board, at a meeting held on Monday, September 17,
2012, adopted the following resolutions:
WHEREAS, this proposed Lot Line Change will transfer 10.38 acres from SCTM#1000-
53-1-6 to SCTM#1000-53-1-7. SCTM#1000-53-1-7 will increase from 1.74 acres to
12.12 acres, SCTM#1000-53-1-6 will decrease from 11.32 acres to 0.94 in the LI
Zoning District; and
WHEREAS, Southold Town is purchasing 10.38 acres for the purpose of land
preservation; and
WHEREAS, a Lot Line Modification Application was submitted on August 15, 2012; and
WHEREAS, the Southold Town Planning Board reviewed the plans at their August 17,
2012 Work Session and accepted the application for review; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56
Waivers of Certain Provisions, may waive certain elements of the subdivision review if
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application, the
Planning Board has determined that it is eligible for a waiver of the Environmental
Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area
Michael Pekunka
PaRe Two
August 181 2012
Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the
subdivision process for the following reasons:
1. No new lots are being created;
2. The Town of Southold is preserving 10.38 acres as open space, and the
remaining 0.94 acre lot is already improved;
3. No changes will occur as a result of this lot line change that would adversely
affect the character of the neighborhood; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); and
WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in
February 2011, this application is eligible for decision from the Planning Board prior to
receiving approval by the Suffolk County Department of Health Services (SCDHS) as it
meets the following criterion set forth in that policy:
The transfer of land from an over-sized parcel (larger than the minimum zoning
requires) where the over-sized parcel remains above the minimum lot size
required, and where no new development potential will be created in the parcel to
which the land is transferred; and
WHEREAS, the Planning Board has determined that the proposed action meets all the
necessary requirements of Town Code {}240 for a Lot Line Modification; be it therefore
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a
determination of non-significance for the proposed Lot Line Modification and grants a
Negative Declaration; and be it further
RESOLVED, that the Planning Board hereby waives the requirements of Town Code
{}240 to submit the ERSAP, Primary and Secondary Conservation Plans, the public
hearing, Sketch Plan and Preliminary Plat steps; and be it further
RESOLVED, that the Planning Board hereby waives the requirement for SCDHS
approval prior to Planning Board approval; and be it further
RESOLVED, that the Southold Town Planning Board grants Final Approval on the
maps entitled "Clustered Re-Subdivision Situate: Arshamomoque', dated June 15, 2012
and last revised August 7, 2012, prepared by John C. Ehlers, Land Surveyor, and
authorizes the Chairman to endorse the map.
Please submit a copy of the recorded deed to the Southold Town Planning
Department within 62 days of the date of Final Approval, or such approval shall
expire and be null and void.
Michael Pekunka
PaRe Three
September 18, 2012
Please Note: The Southold Town Planning Board, in waiving the requirement for
SCDHS approval prior to their own approval, is simply waiving a technical
requirement of Final Plat Approval under the Town Code and makes no
representations as to whether SCDHS approval is required. SCDHS approval of
this lot line change may be necessary to be in compliance with the Suffolk
County Sanitary Code, and to be eligible for future construction or renovations.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Donald J.~ilcenski
Chairman
Encl.
CC;
Land Preservation Dept.
Assessors
I understand that Southold Town Planning Board approval of this Lot Line
Modification does not grant, guarantee or waive an approval, if required, from the
Suffolk County.apply ~p~a~ely to the SCDHS for any appl,cable approvals.
need to ~ Def~rtment of Health Services (SC .D. HS). I understand that I will
Sig.~u~'e/3of Applicant_or Applic~nt's Agent
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM 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:
Tov~ Hall Annex
54375 State Route 25
(cot. 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
September 17, 2012
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review Act) of the Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the proposed
action described below will not have a significant effect on the environment and a Draft
Environmental Impact Statement will not be prepared,
Name of Action: Proposed Lot Line Change for Michael Pekunka
SCTM#: SCTMs~1000-53-1- 6 & 7
Location:
475 Pipes Neck Road, Greenport
SEQR Status: Type I ( )
Unlisted (X)
Conditioned Negative Declaration:
Yes ( )
No (X)
Description of Action: This proposed Lot Line Change will transfer 10.38 acres from
SCTM#1000-53-1-6 to SCTM#1000-53-1-7. SCTM#1000-53-1-7 will increase from 1.74
acres to 12.12 acres, SCTM#1000-53-1-6 will decrease from 11.32 acres to 0.94 in the
LI Zoning District.
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.
Ne.qative Declaration
PaRe Two
September 17, 2012
The determination was based upon the following:
This lot line change will not have any undesirable impacts on the surrounding
neighborhood or adjacent properties as this is being done as part of a larger effort to
protect the sensitive wetland area near Pipes Cove. 10.38 acres are being transferred
from the existing Pekunka Property to an existing Southold Town Preserved Area,
which is located directly to the southeast of the Pekunka Property.
Therefore, the proposed application will have no bearing upon Article VI of the Suffolk
County Sanitary Code and will therefore conform to Article VI of the Suffolk County
Sanitary Code and will not be expected to adversely affect groundwater quality.
1. 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. 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 as a result of this lot line change.
3. The proposed action is not in a material conflict with a community's current plans
or goals as officially approved or adopted.
4. 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.
5. No major change in the use of either the quantity or type of energy will occur.
Each existing improved lot will continue to have only one pre-existing single
family dwelling on each.
6. No creation of a hazard to human health will occur as a result of this lot line
change.
7. The proposed action will not cause a substantial change in the use, or intensity of
use, of land including agricultural, open space or recreational resources, or in its
capacity to support existing uses.
8. Based upon such, no significant adverse impacts to the environment are
expected to occur should the project be implemented as planned.
For Further Information:
Contact Person: Alyxandra Sabatino, Planner
Address: Southold Town Planning Board
Telephone Number: (631) 765-1938
Southold Town Plan~.q Board Work Session - September 10012 - PaRe Two
Location: :, 475 Pipes Neck Road, on the east side of Pipes Neck Road,
', approx mate ~Z 391 feet south of the Main Road Greenport
Description: This proposed Lot Line Change will transfer 10.38 acres from
i SCTM#1000-53-1-6 to SCTM#1000-53-1-7. SCTM#1000-53-1-7 will
i increase from 1.74 acres to 12.12 acres, SCTM#1000-53-1-6 will
i decrease from 11.32 acres t'0.0.94 a.~he.~LI z0r~!ng D!strict.
Status: , New APP (~ati0n
Act on i Rev ew ~pp cation.
Attachments: i Staff Rep~
For Discussion:
1) Mushroom production facility on Wickham Ave., Mattituck SCTM#1000-140-2-9
(in the old KG Brown building) - Tom McCarthy
2) Comments to Town Board on Local Law: Code Amendments to Chapter 275,
Wetlands & Shoreline
3 Planning Calendar Oct.-Dec.
4 New Town Website review (www.southoldtownny..qov)
5 July & August Planning Board Report
6 Policy recommendation for deadline for application materials to be considered at a
subsequent Work Session
NY 005 - Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation (Single Sheet) (NYBTU 8002)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE, made the
BETWEEN
dayof , in the year 2012
patay of the first part, and Michael M. Pekunka residing at 475 Pipes Neck Road, Greenport, New York, 11944 and
Barbara J. Marczewski residing at 532 Sterling Place, Greenport New York, 11944 and Sandra M. Rinehart residing at
30 Malcein Dr., Southington, Connecticut, 06489.
~artyofthesecondpart, Town of Southold with offices at 53095 NYS Route 25, Southold,
ew York 11971
WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other valuable consideration paid by
the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and
assigns of the party of the second part forever,
ALL that certain plot, piece or pamel of land, with the buildings and improvements thereon erected, situate, lying and
being in the
See Schedule A attached (Description of Premises)
Being and Intended to be part of the same premises as described in deed made by part of Anna Pekunka recorded 5/04/93
in Liber 11627 cp 668.
THIS CONVEYANCE is to confmn a clustered re-subdivision as approved by a Town of Southold Planning Board
Resolution dated September 17, 2012, as reflected on the attached Schedule B.
AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the
Town Code of the Town of Southold, open space acquired by the Town pursuant to the provisions of those chapters shall
not thereaRer be alienated, except upon the affirmative vote of a majority of the electors of the Town voting on a
proposition submitted at a special or biemfial town election. No subsequent amendment of the provisions of those
chapters shall alter the limintations imposed upon the alienation of development rights acquired by the Town prior to any
such amendment. This covenant shall ran with the land in perpetuity.
TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads
abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate
and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted
unto the party of the second part, the heirs or successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the
said premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part
will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to
be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the
cost of the improvement before using any part of the total of the same for any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written.
IN PRESENCE OF:
Michael M .Pekunka
Barbara J. Marczewski
Sandra M. Rinehart
Scott A. Russell
USEACKNOWLEDGMENTFORMBELOW~INNEWYORKSTATEONLY:
State ~f New York, County of } ss.:
On the day of in the year
before me, the undersigned, personally appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the
instrument.
ACKNOWLEDGMENTFORM FORUSEWlTHINNEWYORK ,.,~TATEONL Y:
{New York Subscribing Witness ~4cknowledgment Certificate}
State of New York, County of } ss.:
On the day of in the year
before me, the undersigned, personally appeared ,
the subscribing witness to the foregoing instrument, with whom I
am personally acquainted, who, being by me duly sworn, did
depose and say that he/she/they reside(s) th
(if the place of residence is in a city, include the street and street number, if
any, thereoJ); that he/she/they know(s) to be the individual described
in and who executed the foregoing instrument; that said subscribing
witness was present and saw said
execute the same; and that said witness at the same time subscribed
his/her/their name(s) as a witness thereto.
USEACKNOWL~MENTFORMBELOWWITHINNEWYORKSTATEONLY:
State of New York, County of } ss.:
On the day of in the year
before me, the undersigned, personally appeared , personally
known to me or proved to me on the basis of satisfactory evidence
to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the
instrument.
ACKNOWLEDGMENTFORM FORUSEOUTSIDENEWYORK STATEONLY:
{Out of State or Foreign General Acknowledgment Certificate/
On the day of in the year
before me, the undersigned, personally appeared ,
personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed
to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), that by his/her/
their signature(s) on the histmment, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the
instrument.
TITLE NO.
BARGAIN & SALE DEED
WITH COVENANTS AGAINST GRANTOR'S ACTS
Michael M. Pekunka, Barbara J. Marczeweski, and Sandra M.Rineharl
DISTRICT 1000
SECTION 53
BLOCK 1
LOT P/O6
COUNTY OR TOWN Southold
Town of Southold
TO
RECORDED AT REQUEST OF
Fidelity National Title Insurance Company
REFURN BY MAIL TO
FII)ELITY NATIONAL TrrLE
OINSURANCE COMPANY
~ ~ Fidelity ~'
Me~fie Doroski
Land Preservation Depamnent
53095 Route 25
P.O. Box 1179
Sou~hold, NY 11971
Schedule A
ALL that c, ermin plot, pi~e~ or pamel of land, situate, lying and being a~ Arshamomoqu¢, Town of Southold, County of
Suffolk and State of New York, being bounded and described as follows:
BEGINNING at a point on the easterly side of Pipes Neck Road distant 610.36 feet southerly as measured along the
easterly side of Pipes Neck Road from the comer formed by the intersection of the southerly side of Main Pa:~d with the
easterly side of Pipes Neck Road;
RUNNING THENCE Nor& 53 degrees 00 minutes 00 seconds East, 180.46 feet;
TI-IENCE North 37 degrees 00 minutes 20 seconds West, 23538 feet to land now or formerly of County of Suffolk;
THENGE North 47 degrees 46 minutes 40 seconds East along last memioned lands and land now or formerly of Reiters
Seven Acre Farm, Inc., 877.27 feet to land now or formerly of Town of Southold;
THENCE South 53 degrees 36 minutes 20 seconds East along last mentioned lands, 244.05 feet;
THENCE South 12 degrees 23 minutes 50 seconds W~, 306.61 feet;
THENCE South 19 degrees 20 minutes 00 seconds West, 198.65 feet to land now or formerly of Long Island Railroad;
THENCE the following 2 courses and distances along last mentioned lands:
1) South 19 degrees 20 minutes 10 seconds West, 25.98 feet;
2) South 54 degrees 50 minutes 00 seconds West, 658.25 feet to the easterly side of Pipes Neck Road;
THENCE northerly along the essterly side of Pipes Neck Road the following 2 comes and distances:
I) North 55 degrees 22 minutes 00 seconds West, 146.72 feet;
2) North 37 degrees 00 minutes 20 seconds West, 82.42 fe~ to the point or place of BEGIN'NING.
Schedule B
CLUS'I]~I~D RB-SUBDIVISION
SITUATe: AI~HAMOMO~UE
TOWN: $OUTHOLD
SUF~LK COUNTY, N~W YORK
d/
JOH~ C. EHLERS LAND SURVEYOR
KEEGAN ~KEEGAN,AttorneysgOSSAt Law ~ ROSNER, L.L.P. ~,~
315 Westphalia Avenue, P.O. Box 146 Mattituck, New York 11952
Thomas J. Keegan, Jr.
Daniel C. Ross
Jamie G. Rosner
Telephone (631) 298-1200
Facsimile (631) 298-4427
Thomas J. Keegan (1923-2003)
September 13, 2012
To fax #765-6640
Southold Town Planning Department
Att: Ms. Alyxandra K. Sabatino
Town Hall Annex Building
54375 Route 25
P.O. Box 1179
Southold, New York 11971
SF_P 17
Re: Marczewski/Rinehart/Pekunka Lot Line Change Application
Premises: 475 Pipes Neck Road, Greenport, New York
SCTM: 1000/53/1/6
Dear Ms. Sabatino:
Faxed herewith, and originals sent by regular mail today, are authorizations as
requested from Barbara Marczewski and Sandra Rinehart.
L/Lit/alcl/Marczewski-Pekunka/PlangBrd-Ltr 1
09/13/2012 15:56 FAX
~]001
KEEGAN & KEEGAN, ROSS & ROSNER, L.L.P. ........... ~.
Attorneys At Law
315 Westphalia Avenue, P.O. Box 146 Mattituck, New York 11952
Thomas J. Keegan, Jr. Telephone (631) 298-1200
Daniel C. Ross Facsimile (631) 298-4427
Jamie O. Rosner
Thomas J. Keegan (1923-2003)
September 13, 2012 ~/' I
To fax #765-:~1~1Fe~' ~t~,
Southold Town Planning Department
Att: Ms. Alyxandra K. Sabatino
Town Hall Annex Building
54375 Route 25
P.O. Box 1179
Southold, New York 11971
SEP 1 4 ~ .. J
Re: Marczewski/Rinehart/Pekunka Lot Line Change Application
Premises: 475 Pipes Neck Road, Greenport, New York
SCTM: 1000/53/1/6
Dear Ms. Sabatino:
Faxed herewith, and originals sent by regular mail today, are authorizations as
requested from Barbara Marczewski and Sandra Rinehart.
Submission Without a Cover Letter
SCTM#: 1000- ~o - I -(,:, *'"l
Date:
Comments:
Legal Description.
Beginning at the Point of and or place of Beginning, said point being on
the easterly line of Pipes Neck Road and lying 391.48' southerly from the
intersection of the southerly line of Main Road and the easterly line of
Pipes Neck Road;
Running thence from the afore said point and or place of beginning
North 47°46'40'' East, along land of Gary A. Rempe and the County of Suffolk a
distance of 181.21 feet to a point; thence South 37°00'20'' East, along land
of Michael M. Pekunka, Barbara J. Marczewski, Sandra M. Rinehart and the Town
Of Southold a distance of 235.38 feet, thence along the same lands South
53o00'00'' West, a
distance of 180.46 feet to the easterly line of Pipes Neck Road; thence
along the easterly line of Pipes Neck Road North 37"00'20'' West, a distance
of 218.88
feet, to the above mentioned Point and or place of Beginning.
Containing 40,988 S.F. or 0.94096 ACRES
Legal Description.
Beginning at the Point of and or place of Beginning, said point being on
the easterly line of Pipes Neck Road and lying 610.36' southerly from the
intersection of the southerly line of Main Road and the easterly line of
Pipes Neck Road;
Running thence from said point and or place of beginning, North
53°00'00" East, along the land of Michael M. Pekunka, Barbara J. Marczewski,
Sandra M. Rinehart a distance of 180.46 feet; thence North 37°00'20" West,
still along the same lands a distance of 235.38 feet to Land of the County of
Suffolk; thence along said land and also along land of Reiters Seven Acre
Farm, Inc. North 47"46'40'' East, a distance of 877.27 feet to the Land of
Town of Southold and Julia Sill; thence along said land the following two
courses and distances (1)South 53"36'20'' East, a distance of 244.05 feet;
thence (2) South 52°52'40" East, a distance of 339.20 feet to a rail road
monument and The Long Island Railroad; thence along said land the following
three courses and distances (1)South 54~56'10'' West a distance of 491.21 feet
to a rail road monument, thence (2)South 19~20'10'' West, a distance of 25.98
feet; thence (3)South 54°50'00'' West, a distance of 658.25 feet to the
easterly line of Pipes Neck Road; thence along the easterly line of Pipes
Neck Road the following two courses and distances (1)North 55°22'00'' West, a
distance of 146.72 feet to a granite mon%u~ent; thence (2)North 37°00'20"
West, a distance of 82.42 feet; to the above mentioned point and or place of
begiD/ling. Containing 527,769 S.F. or 12.1159 Acres
Page I of 1
Sabatino, Alyxandra K.
From: Sabatino, Alyxandra K.
Sent: Monday, September 10, 2012 2:25 PM
To: 'dross@keeganlaw.us'
Cc: Spiro, Melissa; Lanza, Heather; 'mark.terry@town.southold.ny.us'
Subject: Pekunka Lot Line Change
Attachments: pekunka lot line.pdf
Good Afternoon Dan,
Attached, is a letter that was sent to Michael Pekunka regarding the Pekunka lot line change (A copy of
the letter has also been sent to Barbara Mamzewski and Sandra Rinehart). In order to move the
application towards Final Approval, please submit,
1. Authorization Letters on behalf of Barbara Marczewski and Sandra Rinehart (sample
attached):
a. From all the property owners to authorize the rs-subdivision application.
From the Applicants, if an agent is representing the Applicants before the Planning
Board, to authorize the agent to represent the Applicants. (For example, if an
attorney is authorized to represent you with regard to this application, use the
authorization letter to designate the attorney as your agent. This department will
then communicate directly with your designated agent about this application.)
Please submit the above requested authorization letters by Wednesday, September 12, 2012 in order to
review this application at the Planning Board's next Work Session.
Thank you,
Aly Sabatino
Alyxandra K. Sabatino
Southold Town Planning Department
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Phone: (631)765-1938
9/10/2012
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM 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
August30,2012
Mr. Michael Pekunka
475 Pipes Neck Rd.
Greenport, NY 11944
Proposed Re-Subdivision for Michael Pekunka
SCTM#1000-53-1-6 &7 Zoning District: LI
Dear Mr. Pekunka:
The Planning Staff has reviewed the above-referenced application and found that the
following items must be submitted to continue towards a decision on this application:
1. Authorization Letters (sample attached):
a. From all the property owners to authorize the re-subdivision application.
From the Applicants, if an agent is representing the Applicants before the
Planning Board, to authorize the agent to represent the Applicants. (For
example, if an attorney is authorized to represent you with regard to this
application, use the authorization letter to designate the attorney as your
agent. This department will then communicate directly with your designated
agent about this application.)
2. Draft Deeds which include the following:
a. A reference stating "the Southold Town Planning Board approved this lot
line modification by resolution on (insert approval date)"; and
b. A schedule with the legal description of the lot line modification; and
Pekunka Pa.qe Two Au.qust 30, 2012
c. A schedule with the map or sketch illustrating the modification (it must be
legible) on legal or letter size paper.
If you have any questions, please do not hesitate to contact this office.
Very truly yours,
Alyxandra Sabatino
Planner
Encl: Sample Authorization letters
CC:
Land Preservation
Anthony H. Palumbo, Esq.
Daniel Ross, Esq.
Barbara Marczewski
Sandra Rinehart
SOUTHOLD PLANNING DEPARTMENT
Sample Agent Authorization Letters for Planning
Applications:
I, John Smith, owner of the property identified as SCTM# 1000-100-10-10 in
Mattituck, NY, hereby authorize Southold Consultants Inc. to act as my agent and
handle all necessary work involved in the subdivision/site plan process with the
Southold Planning Board.
Signature:
Sworn before me this
day of 20 ,
[ Notary Stamp]
2. We, John and Jane Smith, owner of the property identified as SCTM# 1000-100-
10-10 in Mattimck, NY, hereby authorize Southold Consultant~ Inc. to apply for a
subdivision on our property and hire any agents necessary to complete the work
involved in the subdivision/site plan process with the Southold Planning Board.
Signature:
Swom before me this __ day of
[ Notary Stamp]
3. I, John Smith, President of Southold Consultants Inc., hereby authorize Jim Jones,
Esq. to act as my agent on the property of SCTM#1000-100-10-10 in Mattimck,
NY and handle all necessary work involved in the subdivision/site plan process
with the Southold Planning Board.
Signature:
Sworn before me this 30th day of August 2004,
[NotaryStamp]
Sample authorization letters for subdivisions
Submission Without a Cover Letter
Sender:
Subject:
SCTM~: lO00-
Dat~:
Comments:
2012
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALl.,
SOUTHOLD, N. Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PRF.~ISES UNTIL FULL.
COMPLETION OF THE WORK AUTHORIZED)
N~? ~1t10 Z
Permission is hereby granted to.; __
... ~ ~,.. ,~***~..***~,.,~ ~ ~ ~.~.~,
.... .../....~:..~....~.~ ............................. ~
..... ~.~?.~:_~:.......~..../../.~.
to~..~.~.~....~.~=...~.~.....~..~.. ~,~.,.;~..../.~ ..~..........~....£~........./~.~
~~ ........ ~......~..~.......~.~...: ..................................................................
at premises located at ............. ...~...~...~ ........ ...~,/..~.~.......~~..: .......................................
..................................................... ~~......~./......~....~..~ .......................
co~ To× ~op No, ~000 S~,o~ ......~..~ ............ m~ ........ ~./. ....... ~ No ....... ~.. ..........
~u,~o~ ,o o~,,~o,o~ ~o~ed ...... ~.,/../.~ ........... : ......................... ,~..~ o~ o~ved ~ t~.
Elulldlng Inspector.
6/30/80
FORM NO. 4
TOWN OF SOUTHOLD
BHIIDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No Z~22621 Date SEPTEMBER 2Br 1993
THIS CERTIFIES that the building ADDITION
Location of Property 475 PIPES NECK ROAD
House NO. Street
County Tax Map No. 1000 Section 53 Block
Suk~]ivision Filed Map No.
GRK~/~PORT~ N.Y.
Hamlet
Lot 6
Lot No.
conforms substantially to the~plication for BuildingPermitheretofore
filed in this office dated MAY 10, 1993 ~ursuant to which
Building Permit No. 21410-Z dated MAY I7~ 1993
was issued, and conforms to all of the requirements of the a~plicable
provisions of the law. ~he occupancy for which this certificate is
issued is DECK ADDITION TO EXISTING ON~F~MILY DW~I~LING AS APPLIED FOR
The certificate is issued to ANNA pEKUNKA
(owner)
of the aforesaid building.
SUFFOLK COU~fY DEPARTMENT OF HEALTH APPROVAL
N-283927 - JULY 26r 1993
Rev. 1/81
c6nsiderat
DISTRICT
1000
SECTION
053.00
BLOCK
.Ol.00
LOT
006.000
.on 27G97
TH~ I~, mdc the
B~WE~ ~NNA P~KUN~, as surviving tenant by the entirety,
residing at "47~ Pipes Neck Road, Greenport, New
York,. 11944
SGCTION BLOCK LOT
.0"~"----- 12 17 21 20
p~ offixc~stpart, an
MICHAEL M. PEKUNKA, residing at 475 P~pes Neck Road,
Greenport, NY; BARBARA J. MARCZEWSKI, residing at
523 Sterling Place, Greenport, NY; and SANDRA M.
RINEHART, residing at 30 Malcein Drive, Southington,
CT 06489
party of thc second part,
WITNESSETH, that thc party of thc first part, in consideration of Ten ( $10.00 ) ............
............................................................. -d~llars,
~wf~ mo~y of the U~ted S~tes, . ...................... p~id
by the party of the second part, do~ hgeby y~t ~d ~lense unto the party of the second part, the hsrs or suc-
cessors and ass~ of the p~ty of the second part ~rev~,
PARCEL I
ALLthat¢~tainplot, pie~orpar¢¢|ofl~d, with ~ebuildin~ ~dimprovemco~ thcreon~ect~,~tuate, lying
~dbe~glaxl2~ at Arshamomoque, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
Northwesterly by land formerly of George C. Fullmer; Southeasterly
partly by land of the Long Island Railroad Company, partly by
land. late of Daniel B. Conklin, and partly by land formerly of
Eva C. Brainard; Southwesterly partly by the aforesaid land former]
of Eva C. Brainard and party by Pipe's Neck Road',-. and Northwesterlk
by land formerly of Thomas H. Chapman. Containing ten acres,
be the same, more or less.
PARCEL II
ALL that certain tract, piece or parcel of !and situate, lying
and being at Arshamomoque, in the Town of Southold, County of Suffol~
and State of New York, bounded and described as follows: BEGINNING
at a cedar stake set at the intersection of the northerly line
of land of the Long Island Railroad Company with the easterly
line of Pipe's Neck Road and running thence along said road on
a course North 55 degrees 22 minutes West one hundred forty-six
and seven tenths (146.7) feet to a certain highway monument; thenc~
continuing along said ~oad on a course North 37 degrees 00 minutes
West seventy-eight (78) feet to a cedar stake; thence North 54
degrees 58 minutes East along land formerly of Arthur D. Mesick
six hundred and twenty-four and eight tenths (624.8) feet to a
cedar stake; thence South 35 degrees 02'minutes East along said
last mentioned land two hundred and fifteen and five tenths (215.5)
feet to a cedar stake set on the northerly line of land of the
aforesaid Long Island Railroad Company; thence South 54 degrees
58 minutes W~t along the northerly line of the said Long Island
Railroad Company, five hundred and seventy-one and one tenth (571.11
feet to the point or place of beginning. The above premises con-
taining three (3) acres.
RESERVING HOWEVER, a legal life estate, in and to the subject
premises, together with the buildings and improvements thereon
.~_e.p_t~.~.,to the partY, of .the first part, ANNA PEKUNKA.
BEING AND INTENDED TO BE all of the remaining property owned
by the party of the first part, said party having acquired said
proper~y and more by a certain deed dated March 20, 1971 and
GI~DP,~I~,,~ nty of Suffolk on
~,,~q~OF~UFFOLKOOUN'I'Y
The hereinabove parcels when taken together are described as'follow:
ALL that certain plot, piece or parcel of~land, with the buildings
and improvements thereon erected, situate, lying and being at
Arshamomoqqe, in the Town of Southold, County of Suffolk and State
of New York,.bounded and described as follows:-
BEGINNING at a'point .on the easterly side of Pipe's Neck Road,
391.48 feet sbutherly from the corner formed by the intersection
of the easterly side of Pipe's Neck Road and the southerly side of
Main Road;
RUNNING THENCE along the' easterly line of Pipe's Neck Road, South
37 degrees 00 minutes 20 seconds East 301.30 feet to a monument;
THENCE along the easterly line of Pipe's Neck Road, South 55 degree~
22 minutes East, 146.72 feet;
THENCE along the northerly line of land now or formerly of Long Isl~
Railroad, North 54 degrees 50 sedonds East, 656.03 feet;
THENCE along the westerly line of land now or form~rly of Westbury
Equipment Company, North 19 degrees 20 minutes 10 seconds East,
227.29 feet;
THENCE along the westerly line of land now or formerly of westbury
Equipment Company, North 12 degrees 23 minutes 50 seconds East,
306.61 feet;
THENCE along the westerly line of land now or formerly of Sill,
North 53 degrees 36 minutes 20 seconds West, 244.05 feet;
THENCE South 47 degrees 46 minutes 40 seconds West,
the point or place of BEGINNING.
1058.48 feet to
RECORDED
EDWARD P. RO~',~,,';~
~ OF SUFFOLK
P.O. Box 65
13235 Main Road
Mattituck, New York 11952
Phone: (631) 298-4200
Fax: (631) 298-4214
August 13, 2012
Planning Department
Town of Southold
P.O. Box 1179
Southold, New York
WILLIAM C. GOGGINS, ESQ.
ANTHONY H. PALUMBO, ESQ.
TRACY L. KARSCH, ESQ.
DONALD A. MATES, ESQ.
Of Counsel
DONNA M. PALMER
Paralegal
11971-0959
Re: Marczewski, Rinehart & Pekunka to'T6wn of Southold
Premises: 475 Pipes Neck Road, Greenport ~'~-I- ~
Dear Sir or Madam:
In connection with the above referenced matter, enclosed please find the
following documents for submission to the Planning Board for the Clustered
Re-Subdivision approval (lot line change):
2.
3.
4.
Subdivision Application Packet;
6 Surveys;
Copy of Resolution 2012-454 adopted May 22, 2012; and
Check in the amount of $500.00.
If there are any items which are additionally necessary or any questions,
please do not hesitate to contact the undersigned. T~u for your
courtesy and cooperation. ~~..A_./.~/rs,
ANT4-IONY H. PALUMBO
AHP/tk
enclosure
CC: Mary C. Wilson, Esq.
Daniel Ross, Esq.
Project Status Report for Re-Subdivisions (Lot Line Changes)
Application Dates
Pre-Submission Conference "~'~%
ADemication Received
Application Fees Paid
Application Reviewed at Work Session
Fire Department Comments
En,qineer Conference ~'A~-
SEQRA Coordination
Public Headn,q Wa red
Public Hearinq Date
Final Map Routin~l:
Tax Assessors
Building Department
Land Preservation
Highway Department
SEQRA Determinaf~on ql
SC Planninu Commission Referral
SC Plannino commissien comments
CondilJonal Final Approval
Final Approval q I~
Additional Notes:
Soul'old Planning Department Stai~Report
Subdivision Application Work Session Review
Prepared by: Aly Sabatino
Project Title: Michael Pekunka
Tax Map Number: ! 1000-53-1-6 & 7
Project Location: i This proposed Lot Line Change will transfer 10.38 acres
i from SCTM1000-53-1-6 to SCTM1000-53-1-7.
i SCTM1000-53-1-7 will increase from 1.74 acres to
;, 12.12 acres; SCTM1000-53-1-6 will decrease from
'; 11.32 acres to 0.94 n ~!~ L
Hamlet: i Greenport
Zoning District: :~ LI
Type of Subdivision: i Line Modification
Acreage of Project S te .. 12.72
# of Lots Proposed: ! NA
II1: Status
Pending
IV: Action to review
Review for Completeness and Final Approval
V: Analysis
This lot line modification is being done as part of a larger effort to protect the sensitive
wetland area near Pipes Cove. 10.38 acres are being transferred from the existing
Pekunka Property to an existing Southold Town Preserved Area, which is located
directly to the south east of the Pekunka Property.
Land Preservation has specific time constraints due to grant funding to finish the
project.
VI: Staff Recommendations
1. Accept the application as complete. All relevant material that is required has
been submitted.
2. Recommend waiving the public hearing, due to the preservation of 10.38
acres that will not be developed and the remaining lot that is presently an
improved site.
Sou~ld Planning Department Stail~lReport
Due to Land Preservation's time constraints, and the preservation of 10.38
acres of sensitive wetlands area, that will not be developed, recommend the
application for Final Approval at the 9/17/12 Public Meeting.
SOUTHOLD PLANNING DEPARTMENT
Re-subdivision (Lot Line Modification)
Application Form
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for the
proposed RE-SUBDIVISION described herein:
1. Original SubdivisionName ,J~P,~!~C,/~ _-'~)~rO/ _(~v{~r'~'
3. Hamlet
4. Street Location
5. Acreage of Site
Suffolk County Tax Map # (include all tax map parcels involved)
/
6. Zoning District
7. Date of Submission
8. Please provide the names, addresses and phone numbers for the following
people:
Re-,5'ubdivixion .4pplication Form
8. (continued) Please provide the names, addresses and phone numbers for the
following people:
Agent:
Engineer:
,q ttorne y :
9. Briefly describe the proposed lot line change and state reason(s) for requesting same.
2
Re-&tbdivision. lpplication Form
10. DOES THE PROPOSED MODIFICATION
11.
(a) Affect the street layout in the original subdivision? ti[d/c)
(b) Affect any area reserved for public use?
(c) Diminish the size of any lot?
(d) Create an additional building lot?
(e) Create a nonconforming lot?
(f) Require a variance from the Zoning Board of Appeals?
(g) Impact the future planning of the subject properties?
Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot
Recognition? Yes . No . If"yes", explain how:
12. Does this application meet the standard in § 240-57. Waiver, adjustment of property
lines to waive the subdivision process? If so, please provide the name and date of the
original subdivision. ~/O,~
/
13. Application completed by [/]/o,,~ner [ ] agent [ ] other
Upon submitting a completed application, the Planning Board will review the
proposal and determine if the project is eligible for a waiver of subdivision review
pursuant to Town Code § 240-57. Waiver~ adiustment of propert3, lines. If the
application meets the criteria for a waiver, the modification may be authorized by
the Planning Board by resolution and no further review will be required.
If the proposed lot line modification will create substandard lot sizes, lot widths or
make existing structures nonconforming with respect to setbacks, the applicant will
not be able to receive Planning Board approval without first obtaining relief from
the Zoning Board of Appeals.
Signature of Preparer
Date
3
Re-&~bdivision Application Form
SOUTHOLD PLANNING DEPARTMENT
AUTHORIZATION FOR PLANNING APPLICATION
Re: Proposed Re-subdivision for Michael Pekunka
SCTM #1000-53-1-6 & 7
I, BARBARA MARCZEWSKI, owner of the property identified as SCTM #1000-53-1-6 & 7
in Greenport, New York, hereby authorizes Daniel C. Ross of Keegan & Keegan, Ross &
Rosner, LLP to act as my agent and handle all necessary work involved in the Lot Line
Modification process with the Southold Planning Board.
ary"'t~ublic
DANIEL C. ROSS
Notm~ Pub#c, St~ a~ New York
NO~ 4~7178
Qualified in Suffolk County__ /
commba, ion Expires ~ug. 3'1, ~
Barbara Marczewski (~J
SOUTHOL]~ pLANNING DEPARTMENT
AUTHORIZATION FOR PLANNING AFPLICATIONS
' Re: Propose! Re-Subdi,;ision for Michae~ Pekunka
$CTM #,1000-53-1-6 & 7
1,/~I_D..~~' ono cf the owners of the property identified as
SCTM #L000-554'6 & 7 in Ore. em~ort. New York, h~reby authorizes
Daniel C. ~oss of Keo~~-0~-~'''R°sn*r' LL~ to act az my ag,hr and handle all
necessary work involved ~n tho ~_t~ process w~th the $outhold Plan~.ing Board.
Sandra M. Kinehart
Sworn before me this I~/~ day
of $.,pmmbe~, ~
09/13/2012 15:56 FAX ~002
SOUTHOLD PLANNING DEPARTMENT
AUTHORIZATION FOR PLANNING APPLICATION
Re: Proposed Re-subdivision for Michael Pekunka
SCTM #1000-53-1-6 & 7
I, BARBARA MARCZEWSKI, owner of the property identified as SCTM #1000-53-1-6 & 7
in Oreen~ort, New York, hereby authorizes Daniel C. Ross of Kee~an & Kee~am Ross &
Rosner. LLP to act as my agent m~d handle all necessary work involved in the Lot Line
Modification process with the Southold Planning Board.
Swo/~ before me ~this~ay ]
of~
tary'~l~blic
Barbara Marezewsld
8EP 1 4 20~2
09/13/2012 15:56 FAX ~003
~ ~ ~ ~ Ne~ york, h~ a~fi~
~ ~ ~e~os~os~ to act ~ my ~ ~d ~ ~1
~el C. - . . . ·
2O]2
September 11,2012
Town of Southold Planning Department
P.O. Box 1179
Southold, NY 11971
Re: Proposed Re-Subdivision for Michael Pekunka
SCTM# 10000-53-1-6 & 7 Zoning District: LI
To Whom It May Concern:
Attached you will find 1 ) Signed and notarized authorization for the re-
subdivision application. 2) A schedule with the legal description of the lot ~
line modification 3) **Map of said lot line modification.
**The Southold Town Planning Board approved this lot line modification by
resolution on
Sincerely,
Michael M. Pekunka
Owner
475 Pipes Neck Road
Greenport, NY 11944
September 7, 2012
Town of Southold Planning Department
P.O. Box 1179
Southold, NY 11971
Re: Proposed Re-Subdivision for Michael Pekunka
SCTM# 10000-53-1-6 & 7 Zoning District: LI
I, Michael M. Pekunka, one-third (1/3) owner of the property identified as
SCTM# 1000-53-1-6 & & 7, 475 Pipes Neck Road, Greenport, New York,
hereby authorize the Town of Southold Planning Department to complete
the work necessary for the re-subdivision application process for the
fudherance of the preservation of the open space at 475 Pipes Neck
Road, greenpod, NY with the Town of Southold.
Signerfur~
Sworn before me this ,JO dayof ~P-~) ~ ~ ,2012
Notary,'~t~te of New York(..//
NO. OIB~6~99~IT
Southold Planning Department
Applicant
Transactional Disclosure Form
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.
Last, F~rs,
unless you are applying in the name of someone else or other entity, such as a company, lf so,
indicate the other person 's or company's name.
Nature of Application: (Check all that apply)
Subdivision or Re-subdivision Site Plan
Other(Pleasenameotheractivity) ~-Lo~ ~/'~ ~(dFfl( ~)6t~d} ot0
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 J
If you answered "Yes" complete the balance of this form and date and sign where indicated.
Name of the person employed by the Town of Southold
Title or position of 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 souse, sibling, parent or child is (check all that apply):
A. the owner of greater than 5% of the shares of the corporate stock of the applicant (when the
applicant is a corporation);
B. the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not
a corporation);
C. an officer, director, partner or employee of the applicant; or
D. the actual applicant
Description of Relationship:
Submitted this g dayof~[ 20/r~
Signature_~3 . . ~_. ~..~
PrintName t~l~'~/~z..e/ ~'], /~,,~h~/]l,Q
Disclosure Form
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT
THE REGULAR MEETING OF THE SOUTHOLD PLANNING BOARD ON
FEBRUARY 14, 2011:
WHEREAS, the Southold Planning Board has found that applications for lot line modifications
(re-subdivisions) often involve very minor adjustments of lot lines, or adjustments that result in
no new development potential; and
WHEREAS, the Southold Planning Board, pursuant to §240-56 of the Town Code, has the
authority to waive certain requirements in the subdivision review process; and
WHEREAS, the Southold Planning Board, by way of this policy, intends to simplify and shorten
the application process for certain lot line modification (aka re-subdivision) requests by reducing
the number of agency approvals necessary prior to Planning Board approval;
NOW, THEREFORE, BE IT
RESOLVED that the Planning Board of the Town of Southold hereby adopts the "Lot Line
Modification/Re-subdivision Application Process Policy" as follows:
Lot Line Modification/Re-subdivision Application Process Policy
The following applications for lot line modifications (re-subdivisions) are eligible for a decision
from the Southold Planning Board prior to receiving approval by the Suffolk County Department
of Health Services (SCDHS):
1. The transfer of land from an oversized parcel (larger than the minimum zoning requires)
where the oversized parcel remains above the minimum lot size required, and where no
new development potential will be created in the parcel to which the land is transferred.
2. The transfer of land between two or more parcels, all of which are currently developed
and can produce legal certificates of occupancy, which results in no new development
potential.
3. The transfer of land between two or more parcels, vacant or developed, where the
SCDHS has previously approved the subdivision map, and where the two lots will remain
at or above the minimum lot size required by zoning.
4. Other situations where the Planning Board finds the amount of land being transferred is
negligible will result in no additional residential units being developed, and that there will
be no impact to wetlands or other sensitive environmental features.
The Planning Board shall formally waive the requirement for SCDHS approval by resolution
prior to their decision resolution. The following language shall also be included in every
Planning Board decision resolution containing the waiver of the requirement for SCDHS
approval:
'The Southold Town Planning Board, in waiving the requirement for SCDHS approval
prior to their own approval, is simply waiving a technical requirement of final plat
approval under the Town Code and makes no representations as to whether SCDHS
approval is required. SCDHS approval of this lot line change may be necessary to be in
compliance with the Suffolk County Sanitary Code, and to be eligible for future
construction or renovations.'
The following clause will also be inserted at the end of the resolution and the applicant required
to sign a copy for our files:
'I understand that Southold Town Planning Board approval of this lot line modification
does not grant, guarantee or waive an approval, if required, from the Suffolk County
Department of Health Services. I understand that I will need to apply separately to the
SCI)HiS for any applicable apprelvals.'
Signature of Applicant
RESOLUTION 2012-454
ADOPTED DOC ID: 7855
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-454 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 22, 2012:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of open space fee title on a certain property owned by Barbara J. Maczewski,
Sandra M. Rinehart, and Michael M. Pekunka on the 22nd day of May, 2012, at which time all
interested parties were given the opportunity to be heard; and
WHEREAS, said property is located on the north side of Pipes Neck Road approximately 385
feet easterly from the intersection of NYS Route 25 and Pipes Neck Road to the LIRR track and
further identified as part of SCTM #1000-53-1-6. The address is 475 Pipes Neck Road in
Greenport, New York. The property is located in the LI (Light Industrial) zoning district; and
WHEREAS, the purchase comprises a part of the property consisting of approximately 10.38±
acres of the total property area, which excludes from the purchase an area of approximately
40,000 square feet (0.92 acre) that includes the existing residential dwelling and accessory
structures. The exact area of the open space fee title purchase is subject to a Town-provided
survey acceptable to the Land Preservation Committee and the property owners; and
WHEREAS, the total purchase price is $550,000 (five hundred fifty thousand dollars) and is not
based on a per acre value. The purchase will be funded by the Town's Community Preservation
Fund; and
WHEREAS, this acquisition project is eligible for an awarded grant from the New York State
Office of Parks, Recreation and Historic Preservation to be used towards 50% of the purchase
price plus acquisition costs; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan as
property that should be preserved for purposes of open space, fresh and salt water marshes and
wetland protection, and furtherance of a greenbelt. The purpose of this acquisition is for open
space protection, passive recreational purposes, wetland and biological diversity protection and
to expand the existing preservation and protection efforts of the Town and County within the
Pipes Cove Area. Proposed uses of the property may include the establishment of a nature
preserve, and a passive recreational area with trails, all subject to a Stewardship Management
Plan that will be developed for this property; and
VOtEREAS, the Land Preservation Coordinator has reviewed the acquisition in accordance with
Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section
117-5. Sanitary Flow Credits may be available for transfer from the property upon the Town's
purchase of the property. The transfer of the Sanitary Flow Credits will not be finalized, and
shall not occur, until the Town closes on the property, and the Town Board passes a resolution
allowing the transfer of such credits into the Town TDR Bank; and
Resolution 2012-454 Board Meeting of May 22, 2012
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
("LWRP") and the LWRP Coordinator recommends that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire an open space fee title purchase; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase fee title on this open space land; and,
WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to
this open space land from Barbara J. Marczewski, Sandra M. Rinehart, and Michael M. Pekunka
identified as part of SCTM #1000-53.-1-6. The proposed action has been reviewed pursuant to
Chapter 268 (Waterfront Consistency Review) of the Town Code and the Town Board
determines that this action is consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christopher Talbot, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Updated: 5/22/2012 2:53 PM by Lynda Rudder Page 2
Town of Southoid
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
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 C~xtstal Erosion Hazard Area.
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).
If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, each answer must be explained in detaii~ listing both supporting and non
supporting facts. 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 l~lanping Department, all local
libraries and the Town Clerk's office. -
SCTM#
PROJECT NAME
DESCRIPTION OF SITE AND PROPOSED ACTION
/
The Application has been submitted to (check appropriate response):
Town Board
AUG ? 5 2012
Planning Board [~ Building Dept. [] Board of Trustees []
Category of Town of Southold agency action (check appropriate response):
(a)
(b)
(c)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
Financial assistance (e.g. grant, loan, subsidy)
Permit, approval, license, certification:
Nature and extent of action;
Site acreage: ,/0 ~d ~-,off ~ '
Present land use: ~/~//,~/ L/~f,~rm /F,~z/
Present zoning classification: ~ ~U~ ;~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: ~¢?/ ~ ~
(b) M~lingaddress: ~ff ~ ~ ~j ~~ ~ //~¢
(c) Telephone number: AreaCode( ) be[- q-]'~ "O,~b
(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?_
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
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 IH - Policies; Page 2 for evaluation
Zeia'
s ~] No [] Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Sectio~ III - Policies Pages 3 through 6 for evaluation criteria
~J Yes ~] No [] Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
~//Yes [~ No ~-] Not Applicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Sectio~ III - Policies Pages 8 through 16 for evaluation criteria
~ Yes [~ No [~ Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- P~es Pages 16 through 21 for evaluation criteria
I'lYes ~] No ~Not Applicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
thro~/gh 32 for evaluation criteria.
~J Yes [] No [] Not Applicable
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
[~Yes [:--] No [~ Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and waste~. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
I lyes I I Nol¥1 Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and.public
resources of the Town of Southoid. See LWRP Section Ill - Policies; Pages $8 through 46 for evaluation
c[~}tria.
Yes ~ No [-~ Not Applicable
Attach additional sheets if necessapy
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
S~yble locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
es ~ No [] Not Applicable
Attach additional sheets if necessary
Polic~ 11. Promote sustainable use of living marin.e resources in Long Island Sound, the Peconic Estuary
a~ffown waters. See LWRP Section III - Policies, Pages 57 through 62 for evaluation criteria.
kX3 Yes [~ No [] Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62
t~/,~ygh 65 for evaluation criteria.
es [~ No [] Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section IH - Policies/v Pages 65 through 68 for evaluation criteria.
[] Yes ~ Nov-_/qEL] Not Applicable
Amended on 8/1/05
14-16-4 19/95)
PROJECT I.D NUMBER
617.20
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I- PROJ.E.~I~ORMATION (To be
3. PR~)JECT ~-OCATION:
completed by Applicant or Project sponsor)
I2, PROJECT NAME;
County
4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc., or provide map)
5. IS PROPOSED ACTION;
[] New [3 Expansion '~odification/alteration
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNT OF LAND AFFECTED:
Initially acres Ultimately acres
8, WILL PROPOSED ACTION COMPLY WiTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
~J~Yes ENo If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
[3 Residential EJlndustrial [3 Commercial (3Agricultural [3 Park/Forest/Open space (3Other
Describe:
10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR
LOCAL)?
~t-Yes (3No If yes, list agency(s) name and permit/approvals
1 1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
~t~O If yes, list agency(s) name and permit/approval
[DYes
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM T/APPROVAL REQUIRE MODIFICATION?
[3Yes [3No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE iS TRUE TO THE BEST OF MY KNOWLEDGE
Applican~ name:O~X~--, I Rtk~J ~k ~ (~Ck. ~-~('jF~L'~ (.~3 Date: 9/t ~/ ~~
Signature:
If the action is in a Coastal Area, and you are a state agency, complete Coastal Assessment Form before proceeding with this assessment
PLANNING BOARD MEMBERS
DONALD J. W-ILCENSKI
Chair
WILLIAM J. CKEMEILS
KENNETH L. EDWARDS
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NYl1971
OFFICE LOCATION:
Town Hail Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
To: Accounting
From: Planning Department
Date: September 17, 2012
Re: Deferred Revenue
The Lot Line change application referenced below has been accepted by the
Planning Board and the funds may be processed to Planning Applications
Revenue Account B2115.10,
Thank you.
Applicant/Project Name & Tax Map Amount Check
Type ~ bate/No.
Pekunka/MarczewskJ Lot Line
Change/Resubdivision application fee 53-1-6 & 7 $500.00 8/14/12 - #1532
LR
PLANNING BOARD MEMBERS
DONALD J. WILCENSgI
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES II. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southo]d, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
MEMORANDUM
To: Accounting
From: Planning Department
Date: August 15, 2012
Re: Payment
Please deposit the attached check into B691: Deferred Revenue. Payment is
for a Resubdivision (Lot Line Change) application not yet accepted by the
Planning Board.
Applicant/Project Name & Tax Map # Amount Check bate/No.
Type Authorization Code
MarczewskJ ResubdJvisJon (Lot 53-1-6 & 7 8/14/12- #1532
Line Change) application fee $500.00
PAY
TO THE
ORDER OF
LR
Att.
GOGGINS AND PALUMBO
P.O. BOX 65
MATllTUCK, NY 11952-0065
(631) 298-420O
Town of Southold
DATE
'- 1'g32
1-2-210
8-14-2012
I$ 00,00
five Hundred and Ng/100 ................................................... ~L~ARS
CH.a~SE O
MArczewskI, Rinehart & Pekunka ~,w~._~t~
FOR
I1'00 ]'S~ ~ll' il'ri ~ ~OOOO B Ill-1 /
q