HomeMy WebLinkAbout1000-120.-3-11.15 & 11.16 ..,� T1(a S
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INDICATED MERE SHALL ONLY TO 7H,V FOR
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ON L E PERSON OR OM THES PREPARED AND ON HIS BEHALF TO I}ETIli.E'COMPANY,GOVERNMENTAL AGENCY AND LENDINGrINSRTURONLISTED HEREON,AND TO THE ASSIGNEES OF THE LENgNG INSTITUTION.CE Zo,TIONS ARE NOT TRANSFERABLE TOuADDIT10NAL INSTINTIONS OR SUBSEQUENT OWNERS'(5)THE LOCATION OF HELLS(W),SEPTIC (ST)k CESSPOOLS(CP)�SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROMROTHERSn
N NOTES
400 Ostrander Avenue, Riverhead, Nevv York 11901
THE APPROVAL OF TH15 MAP DOES NOT CONSTITUTE THE tel. 631.121.2303 fax. 631.121.0144
A < ACCEPTENCE OF HIGHWAY5 SHOWN THEREON A5 PUBLIC ROADS. adminoyoungengineering.com
w E N.Y.S. PLANE
• A DECLARATION OF COVENANTS AND RESTRICTIONS HAS
NAD 85 'dam `\ BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN
[_
LIBER----OP----
THE LOT Howard W. Young, Land Surveyor
ALTERED WLTHOUTINES OPER MSS\ION�ROMT HE PLANNS AS �G BOARDCANNOT , Thomas G. Wolpert, Professional Engineer
/ I LOTS MUST BE SOLD AS SHOWN ON THESUBDIVISION MAP. Robert G. Tast, Architect
2 O \ I Douglas E. Adams, Professional Engineer
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51 TE DATA
�< TOTAL AREA = 22.165a ACRES
1-3 \ 0N�0t f\0 \;.s �G TEST HOLE DATA OWNER = P 4 E, LLC.
Ss S \ CJ\+�a�(d �Q <O ,� >\ BY McDONALD&E05GIENGE c% PETER HARBES
(0 O \ DATE: 01131/13 5645 ALDRICH LANE
LAUREL, NEW YORK I I a46
TIE IN �/° '/ '' 8 Cj \ EL 41.0 DARK 0.01ZONING USE DISTRICT = A-G
1 I N Ate, BROWN
552°10 40 E 750.62I ` \ LOAM
\ k"�4 (OL) VERTICAL DATUM = N.G.V. DATUM (M.S.L. 11121)
2U 556°12'I 0"E 206.05 \ \ �O O �
\ 1.0'
NOTE: TOPOGRAPHY SHOWN HEREON 15 FROM ACTUAL FIELD SURVEY
540°42'10"E 46.85' \ `� �oj a�� \ Ile� `\ SILTY AND AND FIVE EASTERN TOWN5 TOPOGRAPHICAL SURVEY PREPARED
} SAND AN FOR SUFFOLK COUNTY.
PALE 2.5'
55501:2'10"E 155.00' \\ \ \ sem, �'\\ � '� BROWN 80/60 CON5ERVAT I ON SUBDIVISION
/° \ °\� O FINE TO
O S
\\ �� p / , \ � 9•Q�l0'�GQ
\ \ COARSE
TH «
0<'
BUILDABLE LANDS 22.1659 ACRES
PALE
04k4sBROM YIELD ON ENTIRE PARCELf\
\ ��
X. ON �� \ O 101": � � � \\ fi FINE 22.1659 AG. X 43,560 SF. / 80,000 SF. = 12 LOTS
-11 SAND
KEY MAP p0�� p �y \ \!y� �/ g y YIELD ON DEVELOPABLE AREA = 12 LOTS X 0.40 = 4 LOTS
110
t SCALE: I"_600 \ Pj \ 2 }7k\ KNN G
HIGHEST EXPECTED�0 \Y
6RouNDwATER EL=2.0 CERTAIN AREAS
\ o
MINIMUM PRESERVED AREA = 22.1659 AG x 0.80 = 17.7327 AG.
\ 0 ";O MAXIMUM DEVELOPABLE AREA = 22.1651q AG x 0.20 = 4.4332 AG.
\ �YA `7' S. ACTUAL PRESERVED AREA = 18.3780 AG.
�'��'� Y \ O 41 6 ACTUAL DEVELOPABLE AREA = 3.187q AG.
\ T O 6. \ 10�•OG
c ENGINEER'S CERTIFICATION
0\o Ot \wbd C9�\G O, •�\ �{0 "I HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR SEWAGE
0'( �\p Q \" �'\ 2 � C / TYPICAL PLOT PLAN DISPOSAL 5YSTEM(5) FOR TH15 PROJEC, WERE D BY ME
Q D `\ TAT ' OR UNDER MY DIRECTION. BASED UPON AGA UL AND T UGH
O ,\O_^q� �J n�� \ WELD, \J\
SCALE: N.T.S. STUDY OF THE SOIL, SITE AND GROUNDWATE C,0NDITION5, ALL
� ��� LOTS, AS PROPOSED, CONFORM TO THE 5U GoUNITY
\ \Q� \ l\> � 0 DEPARTMENT OF HEALTH SERVICES GON5 Q 57ANDARD5 I
PROPERTY LINE EFFECT AS OF TH15 DATE".
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WELL WELL
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115.
HOS\ SINGLE SINGLE
�Q THOMAS 0. WOLPERT, NY.S. F.E.P.E O 483
1FAMILY DOUGLA5 E. ADAMS, N.Y.S. P.E. NO. SOSg1'� �
,00!,vRESIDENCE 51DENOE
\v•
4�
\ o z SURVEYOR'S GERTI F I CAI VE
2
SFPnc ' "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON TH15 PLAT
s TANK o COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF
MIN. FUTURE LP FUTURE LP SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 218 OF
o � \ 0� d� Miy i THE N.Y.5. TOWN LAW $ ARTICLE XVIII OF THE CODE OF THE TOWN
N ° ` nn� z - `-' OF SOUTHOLD." LOTS SHALL CONFORM TO THE TOWN OF SOUTHOLD
0 FILF \ O� LEACHING POOL
0 2. 2 3u O/ \ (\ \�y "BULK 50HEDULE FOR RESIDENTIAL DISTRICTS" FOR ZONING USE
DISTRICT R-40. Rg
ROAD "I HEREBY CERTIFY THAT TH15 MAP WAS A tUUi4L `�
S01 758 9 ABs. iv®. -Z 5URVEY5 COMPLETED JULY 2009 AND ,T- L;° cO1�ICi T�
N � MONUMENTS SHOWN THUS: ■ ACTUALLY EXI T.
i D { IR PpSit
oARE CORRECTLY 5HOWN AND ALL DIMEN A1DG (�bETlf "a
[ 'E B 4 2012 \�? DETAILS ARE CORRECT." i
��' THERE ARE NO KNOWN WATER SUPPLY WELLS WITHIN 150'
OF THE PRORERTY
0
r.
\ W HOWARD W. YOUNG, N.Y.S. L.5. NO. 45893
\
\ 1 rLAri�+l y BOARD
FEB 05 202 <Na PLANNING BOARD CERTIFICATION 11:o5ar,� Sod �Q 0.��` \\ TOWN � '� w 80/60 GON5ER1lATION SUBDIV1510N
JUWH A- ► GAI�s�
CLEW OF SUFFOLK COUPJTY o� �`-G -- -= ``' � PETE
HARBES MAP TWO
�n !/ THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN
�O,S �` v `� ��lul�rY I i a o APPROVED BY THE PLANNING BOARD OF SOUTHOLD. at Laurel, Town of Southold
° 4
Suffolk County, New York
LOT 4 I2EN5 \ f DATE OF APPROVAL - BY----____
ITY CALCULATIONS i � s •IVa -- -------------
'SCS �O CHAIRPERSON FINAL PLAT
cli
GROUND WATER MANAGEMENT ZONE=IV 00' \ (TOWN OF SOUTHOLD PLANNING BOARD)
' � � _ _.__
= WATER SUPPLY=PRIVATE
ALLOWABLE DENSITY RATE=300 GPD/ACRE \� 1000 120 OS 11.15
County Tax Map District 1000 Section 120 Block 03 Lot 11.16
a TOTAL AREA OF LOT 4=113.3780 ACRES M SUFFOLK COUNTY DEPARTMENT OF HEALTH
AGRICULTURAL AREA=15.3665 ACRES `Uw I 'U' 60,UtfiUjd SERV I GES GREAT RIVER, N.Y. MAP PREPARED FEB. 13, 2013
REMAINING AREA=3.0115 ACRES
\
ALLOWABLE DENSITY=3.0115 ACRE x 300 GPD/ACRE=903 GPD DATE\ ; 3) S Son -2 4 -2021-RejJ'iSe- Record of Revisions� -- - --- RECORD OF REV1510N5 DATE
O "310(DGENERAL AMENDMENTS NOV. 13, 2013
ADDRESSED 560H5 NOIR #3 APR_ 14, 201-1
EXISTING DENSITY ZS ADDRESSED SGDH5 NOTA #5 APR. 01, 2021
_. ,_ .._., _` _.__.__.,.,= TH15 15 TO CERTIFY THAT THE PROPOSED REALTY SUBDIV15ION OR DEVELOPMENT ADDRESSED SGDHS NDIA #1 SEPT. 02, 2021
PUMP HOUSE: 223 SF @ 0.04 GPD/SF-9 GPD FOR PETER H AR B E S IN THE TOWN OF SOU THOLD WITH A TOTAL OF 4
LOTS AS APPROVED ON THE ABOVE DATE.WATER SUPPLIES AND SEWAGE DISPOSAL PLANNING BOARD RESOLUTION NOV. 11, 2021
W
STORAGE TRAILER:80 SF @ 0.04 GPD/SF=3 GPD \ /(/(� FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME Or-
TOTAL
FTOTAL EXISTING DENSITY=12 GPD ` \' CONSTRUCTION AND ARE 5U5JEGT TO SEPARATE PERMITS PURSUANT TO THOSE
STANDARDS.TH15 APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR
o DEVELOPMENT MAP 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS
8 \ DATE.CONSENT 15 HEREBY 61VEN FOR THE FILING OF TH15 MAP ON WHICH TH15 100 O 5C) 100 200 300
ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH
m \ PROV15IONS OF THE PUBLIC,HEALTH LAW AND THE SUFFOLK COUNTY SANITARY GORE.
s
WALTER DAWYDIAK, R.,P.E.
Scale: 1" = 100'
a -_- 0 ------------------------ J
DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY JOB NO. 2013-0017
= MONUMENT SET ■= MONUMENT FOUND �,= STAKE SET A= STAKE FOUND DWG. 200q-OOgb-fIna l-plat-nys OF I
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SCALE I"=600'
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N.Y.5. PLANE
A NAD 55 0 1-" Edi
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Fpt �A \\\� k/
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• THE APPROVAL OF THI5 MAP DOES NOT CONSTITUTE- THE
AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS
• A DECLARATION OF OOVENANT5 AND RESTRICTIONS HAS
BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN
LIBER_ — OF'
• THE LOT LINES OF SUBDIVISION MAF5 AS FLED, CANNOT BE
ALTERED NITHOUT PERMISSION FROM THE PLANNING BOARD, AND
LOTS MUST BE SOLD AS 5HOWN ON THE SUBDIVISION KAP.
400 Ostrander Avenue, RI✓erhead, Now York IINOI
tel 6511212303 fox 6 31 121 0144
Odmincayoungcnylneering corn
`J Howard W YOFng, Land Surveyor
ft Thamcs C Nolpert, PrOFes51OnOl EnghTeer
Robert G TOst, Architect
�J DOoglas E. Adams, ProFesslonal Engineer
J51TE DATA
TOTAL AREA = 22.1656 .ACRE5
TEST HOLE DATA owrleR = P 5 E, LEG.
DATE C/O PETER HARBE5
5645 ALDRICH LANE
LAUREL, NEN YORK 11946
ZONIN6 USE DISTRICT = A -C
VERTICAL DAVM c N.G.V. DATUM (IN 5.L 1929)
NOTE TOPOGRAPHY SHOWN HEREON 15 FROM ACTUAL FIELD SURVEY
AND FIVE EA5TERN TOWN5 TOPOGRAPHICAL SURVEY PREPARED
FOR SUFFOLK COUNTY
50/60 CONSERVATION 5UBDIV1510N
— —Im
BUILDABLE LANDS = _2.1659 ACRES
YIELD ON ENTIRE PARCEL
22.1659 AC C 43560 SF / 80,000 5F 12 LOTS
YIELD ON DEVELOPABLE AREA = 12 LOTS X 040 = 4 LOTS
CERTAIN AREAS
MINIMUM PRESERVED AREA - 221659 AG x 0.80 = FI T527 AC.
MANI MUM DF/E_OPABLE AREA = 221659 AG OF 020 = 44932 AC.
ACTUAL FRESE-R,/E-D AREA = 16.3160 AG.
ACTUAL DE✓ELOPABLE AREA = 316-19 AG.
ENGIIgEER'5 CERTIFICATION
TYPICAL PLOT PLAN
SCALE N T5
WELL
HOUSE I \ �A, I HOUSE
lu
0
w
"I I IFFAT11111I
ROAD
PLANNINS BOARD CERTIFICATION
THIS 15 TO CERTIFY "FHAT THIS SUBDIVISION PLAN HAS BEEN
APPROVED BY THE PLANNING BOARD OF SOUTHOLD.
PATE OF APPROVAL -------- OY_ —_ __________----___
CHAIRPERSON
(TONII`I OF 5CUTH0LD PLANNING BOARD)
SUFFOLK COUN'T'Y DEPARTMENT OF HEALTH
5FI ICES HAUPPAUSE, N.Y.
DATE
THIS 15 TO CERTIFY THAT THE FROP05ED REILTY 5LODI VISION OF DEVELOFNEPIT
FOR PETER HARSES INTHETomoF90UTHOLD NITHATOTPJoF4
LOTS WAS APPROVED ON T$ ABOVE DATE. WATER 50PPLIES AND 5EK40E DISPOSAL
FACILITIES MU57 CONFORM TO OONSTREOTION STANDARDS IN DETEST AT THE TIME OF
CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PUR5UAN7 TO "MO5E
STANDARDS THIS APPROVAL SHALL BE V/.LID ONLY IP THC REALTY 5U5DIVEIOPI OR
DEVELOPMENT MAP 15 DULY FILED WITH THE OOIMT( TI -RK NITHIN OI@ YEAR OF THIS
OATC CONSENT IS H21"'BY GIVEN POR THE FILING OF THIS MAP ON WHICH THIS
ENDORSEMENT APPE/75 IN THE 0111017 OP THE COUNTY OLC-RK IN ACCORDANCE WI NH
PROVISIONS OF THE PUBLIC HEALTH LAW AND THE 5UP7OLK CONI TTY SANITARY GOOD
--- _-------------- _ _ ___—WALTER OAWYDIAK, JP., I'E.
DIRECTOR, DIVISION OF ENVIRONMENTAL_ OUPLLITY
"I HERE -BY CERTIFY THAT THE WATER 5UPPLY(5,) AND/OR 5EWA6E
D15PO5AL SYSTEM(5) FOR THIS PROJECT WERE DFS"1a`M€�,BY ME
OR UNDER MY DIRECTIONI BASED UPON A GAPyIz-l1iL AND TH?�RpU6H
STUDY OF THE SOIL, SITE AND 6ROUND'NATE2 CONDITIONS ALL:,
l -0T5, AS PROPOSED, CONFORM TO THE 5L1 FOLK COUNTY \
DE=PARTMENT OF HEALTH SER.'IGES CONS )CTIOCI STANDARDS IN
EFFECT ,45 OF TH15�D/A-J�/T�"Pw
HOWARD NaYOU(D , 5 L5 1,10.45893n
THOMAS G NOLPERT, NY5 PE NO 61483 /
DOUGLAS E. ADAMS, N Y 5 P E NO. 60891 \ " /
SURVEYOR'S CERTIFICATI�O
vn
"I HEREBY CERTIFY THAT ALL LOTS SHNCE ON 7HI5 PLAT
COMPLY WITH THE BUILDING -ONE
IED PURSUANT
T OF THE TOWN OF
SOUTt10LD, EXGC-PT A5 MODIFIED PURSUANT TO SECTION 216 OF
THE N.Y.S. TONN LAN 6 ARTICLE X`✓III OF THIS CODE OF THE TOWN
OF SOUTHOLD" LOTS SHALL CONFORM TO THE TOWN OF SOUTHOLD
"BULK SCHEDULE FOR RESIDENTIAL DISTRICTS" FOR EONIN5 USE
DISTRICT R-40 \
"I HEREBY CERTIFY THAT THI5 MAP AA5NJADE B/ Y ACTllAL�
SURVEYS COMPLETED JULY 2009 AND RAT ALL CONCRETE'
MONUMENTS SHOWN THUS is ACTUALLY EXI T AND THEIR POSITION
ARE CORRECTLY SHOWN AND ALL DIMENONAL AND GEODETIC
DETAILS ARE CORRECT"
HOWARD W YOUN)� L.S.N 45693 �
80/60 CONSERVATION SUBDIVISION
PETER HAR51=5
of I_ourel, Town of Southold
Suffolk County, New York
FINAL PLAT
1000 120 05
County Tax Map nlan,,t 1000 =i— 120 EocI 03 Lir
MAP PREPARED FEB.
Record of Revisions
RECORD OF REV151ON5
I
11.15
11.16
15, 2013
DATE
100 O 50 100 200
300
Scale: I" = 100'
JOB NO. 2013-0011
DWG 2009_0096_flnal_plat_nys
I OF I
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 * ` Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) "
Southold, NY �, Telephone: 631 765-1938
www.s ou tholdtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 11, 2022
Charles R. Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re: Harbes Open Development Area: Final Plat Approval
Located at 5645 Aldrich Lane, on the west side of Aldrich Lane +/- 1,300' south
of Sound Avenue, in Laurel;
SCTM#1000-120.-3-11.11 Zoning District: A-C
Dear Mr. Cuddy:
The Southold Town Planning Board adopted the following resolution at a Public Meeting
held on Monday, August 10, 2020:
WHEREAS, on August 25, 2009, pursuant to Southold Town Code Chapter 240 Article
VIII Open Development Area, the Town Board granted the applicant the right to seek
future approval of the creation of lots; and
WHEREAS, this proposal is for the creation of the lots in an approved Open
Development Area for an 80/60 conservation subdivision pursuant to Southold Town
Code §240-26 Establishment; and
WHEREAS, the Lot Creation will subdivide a 22.17-acre parcel into 4 lots, where Lots 1,
2 & 3 are 1.26-acre residential lots and Lot 4 is an 18.38-acre farm with the
development rights held by Southold Town; and
WHEREAS, the Planning Board granted Conditional Final Plat Approval for the Lot
Creation on August 10, 2020; and
WHEREAS, on October 22, 2021 the Park & Playground fee in the amount of$7,000
and the Administration Fee in the amount of$6,000 were submitted; and
Harbes ODA Lot Creation Page 12 January 11, 2022
WHEREAS, on December 16, 2021, four mylars and twelve copies of the Final Plat
including the approval stamp of the Suffolk County Department of Health Services and
all required revisions were submitted; and
WHEREAS, on January 6, 2022 a copy of the recorded covenants was submitted; and
WHEREAS the Planning Board has found that the all conditions of the Conditional Final
Plat Approval have been met; therefore be it
RESOLVED, that the Southold Town Planning Board grants a Final Plat Approval
upon the map entitled, "80/60 Conservation Subdivision Peter Harbes", prepared by
Howard M Young, Land Surveyor, dated February 13, 2013 and last revised November
11, 2021.
Upon endorsement of the Final Plat by the Chairman, the mylars and paper prints must
be picked up at this office and the Final Plat filed with the Suffolk County Clerk by
the applicant within 62 days of the date of Final Plat Approval, or such approval
shall expire.
The Final Plat approval is void if the Final Plat is revised after approval. No changes,
erasures, modification(s), or revisions shall be made to any Final Plat after it has been
approved by the Planning Board, and such approval has been endorsed in writing on
the plat, unless the said plat is first re-submitted to the Planning Board and the Planning
Board approves any modifications by resolution. In the event that any such Final Plat is
filed without complying with this requirement, the same shall be considered null and
void, and the Planning Board shall institute proceedings to have the Final Plat stricken
from the records of the Suffolk County Clerk.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
c--�' d(-)aQ
Donald J. Wilcenski
Chairman
OFFICE LOCATION: L IST ESS:
Town Hail Annexes P.O. Box 1179
54375 State Route 25 SO ` 4, Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
.mow
om,'
PLANNING BOARD OFFICE
August 11, 2020 TOWN OF SOUTHOLD
Charles R. Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re: Harbes Open Development Area — Conditional Final Plat Approval
Located at 5645 Aldrich Lane, on the west side of Aldrich Lane +/- 1,300' south
of Sound Avenue, in Laurel;
SCTM#1000-120.-3-11.11 Zoning District: A-C
Dear Mr. Cuddy:
The Southold Town Planning Board adopted the following resolution at a Public Meeting
held on Monday, August 10, 2020:
WHEREAS, on August 25, 2009, pursuant to Southold Town Code Chapter 240 Article
VI I I Open Development Area, the Town Board granted the applicant the right to seek
future approval of the creation of lots; and
WHEREAS, this proposal is for the creation of the lots for an 80/60 conservation
subdivision pursuant to Southold Town Code §240-26 Establishment; and
WHEREAS, the proposal is to subdivide a 22.17-acre parcel into 4 lots, where Lots 1 - 3
are 1.26-acre residential lots and Lot 4 is an 18.38-acre farm with the development
rights held by Southold Town; and
WHEREAS, the Southold Town Planning Board granted a Negative Declaration under
SEQRA for an Open Development Area on August 10, 2009; and
WHEREAS, pursuant to Town Code §240-26 Establishment, the landowner received
Sketch Plan Approval for a conservation subdivision on August 10, 2009, and sold the
development rights on proposed Lot 4 (18.38 acres) to Southold Town; and
WHEREAS, the Southold Town Board approved an Open Development Area on August
25,_2009, which designated the 3.79-acre development area for the future creation of
three residential lots; and
-Ial.les ODA cit..-,
Creation Page 12 &Au t.1'1 a2 ...^_
WHEREAS, Southold Town purchased the development rights from proposed Lot 4
(18.38 acres) for the purpose of farmland preservation; and
WHEREAS, pursuant to §240-30 Creation of lots, the landowner of the filed map
petitioned the Planning Board on April 15, 2013, to create all of the lots designated on
the approved and filed Sketch Plan; and
WHEREAS, on May 17, 2013, the applicant submitted a Final Plat application to the
Planning Board for review; and
WHEREAS, In August, 2013, the Planning Board requested a revision to the subdivision
map; and
WHEREAS, no revised maps were submitted between August, 2013 and January,
2020, and no further action was taken on the inactive application, and
WHEREAS, on January 7, 2020, the agent requested that the application be re-
activated; and
WHEREAS, on February 10, 2020, the Planning Board found the Final Plat application
complete; and
WHEREAS, on February 12, 2020, the application was referred to the Suffolk County
Planning Commission„ Town Engineer, Riverhead Town Clerk, Suffolk County
Department of Health Services, and Local Waterfront Revitalization Program; and
WHEREAS, on February 23, 2020, the Suffolk County Planning Commission found this
a matter for local determination; and
WHEREAS, on July 20, 2020, the Planning Board found the application consistent with
the policies of LWRP and accepted the comments from the outside agencies in which
the application was referred; and
WHEREAS, on July 20, 2020, the Planning Board determined that this application met
the requirements of the Town Code for a Final Plat application; and be it therefore
RESOLVED, that the Southold Town Planning Board grants a Conditional Final Plat
Approval upon the map entitled, "80160 Conservation Subdivision for Peter Harbes",
prepared by Howard M Young, Land Surveyor, dated and last revised February 13,
2013, with the following conditions:
1. Obtain approval from the Suffolk County Department of Health Services
2. Submit 12 paper copies and 4 Mylars of the Final Plat revised as follows:
a. A vegetated buffer comprised of a double row of 6' evergreen plantings at
10' intervals to screen the residential lots from the-existing farm operation
must be shown and labelled;
Harbes ODA Lot Creation Page 13 Lugust 11, ; 0
b. 18 street trees shown and labelled along Aldrich Lane;
3. Approval stamp from the Suffolk County Department of Health Services;
4. File the amended covenants and restrictions as drafted by Planning staff with the
Suffolk County Clerk's Office;
5. Submit an Administration Fee in the amount of$6,000 pursuant to §240-37;
6. Submit a Park and Playground fee in the amount of $7,000 pursuant to §240-53
G.
The next step to continue towards Final Plat Approval is to meet all conditions
stated above.
Conditional Final Plat Approval shall expire six months from the date the
Planning Board adopted its resolution of approval unless extended by further
resolution of the Planning Board.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
Donald J. Wilcenski
Chairman
CHARLES R.CUDDY
ATTORNEY AT LAW
445 GRIFFING AVENUE
RIVERHEAD,NEW YORK
Mailin AddresG: April 25, 2022 TEL: (631)369-8200
P.O.Box 1547 FAX: (631)369-9080
Riverhead,NY 11901 E-mail: charlescuddy@optonline.net
Su"
Heather Lanza, Director of Planning R r -._ .�.
ED
Town of Southold Planning Department .._..
P.O. Box 1179 mAy
Southold,New York 11971 F0 r d ...
Planning Board
Re: Peter Harbes (P&>E LLC)-Open Development Subdivision
5655 Aldrich Lane,Laurel,New York
SCTM# 1000-120-3-11.11
Dear Ms. Lanza:
For your records ,enclosed please find a certified copy of the Second Amended Declaration of
Covenants and Restrictions as recorded with the Suffolk County Clerk on April 15, 2022, at Liber
D00013151 page 981 indicating the change of the name of the Subdivision Map to "80/60
Conservation Subdivision, Peter Harbes Map Two."
Thank you.
Very truly yours,
otl� 16L7 dz
Charles R. Cuddy
CRC:ik
d
CC# : C22-14113
w s
qjs
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on 04/15/2022 under Liber D00013151 and Page 981 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 04/15/2022
SUFFOLK COUNTY CLERK
JUDITH A.PASCALE
SEAL
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 04/15/2022
Number of Pages : 4 At: 04 : 14 : 07 PM
Receipt Number : 22-0065717
LIBER: D00013151
PAGE : 981
District: Section: Block: Lot:
1000 120 . 00 03 . 00 011 . 023
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $20 . 00 NO Handling $20 . 00 NO
COE $5 .00 NO NYS SRCHG $15 .00 NO
TP-584 $0 . 00 NO Notation $0 .50 NO
Cert.Copies $5 . 00 NO RPT $800 . 00 NO
Fees Paid $865 .50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County--
.
.
Number of pages
This document will be public
record.Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps
Page/Filing Fee _&L>—— Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation SpecdAssit.
or
EA-52 17(County) Sub Total Spec./Add.
EA-5 217(State) TOT.MTG.TAX
R.P.T.S.A. Dual Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 TransferTax
Mansion Tax
Affidavit
i,fi,ed Copy 15 The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES or NO
Other
Grand Total If NO, see appropriate tax clause on
P page#—of this instrument
Comr
"CL
4 1 Dist. 100, 4838638 5 Community Preservation Fund
Tax Service R S.Mis
PT
Agency, C15APR-
CPF Tax Due
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Charles R.Cuddy,Esq. TD
445 Griffing Avenue TD
Riverhead,NY 11901
TID
Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
8 Suffolk Coun!Ly Recording & Endorsement Page
This page forms part of the attached Second Amended Declaration of Covenants and Restrictions made
by: (SPECIFY TYPE opINSTRUMENT)
The premises herein iosituated in
SUFFOLK COUNTY,NEW YORK.
TO |ntheTOVVNof Smithold
|nthe VILLAGE
o,HAMLET of
BOXES 6 THRU 8 MUST BETYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING.
.
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please boaware of
the following:
If a portion of your monthly mortgage payment included your property taxes,*you will now need to
T ax Receiver so that u may be billed directly for afl future prope tax
statements.
Local property taxes are payable twice n year: on o, before January 10~ and on or before may 31�t.
Failure tomake payments inatimely fashion could result invpenalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver nfTaxes Riverhead Town Receiver vfTaxes
2OOEast Sunrise Highway ounHowell Avenue
North Lindenhurst,m.Y. 11757 Riverhead,N.Y. 11901
(631)957-3004 (631)727-3200
Brookhaven Town Receiver ofTaxes Shelter Island Town Receiver ofTaxes
One Independence Hill Shelter Island Town Hall
FarmingviUe'N.Y.117so Shelter Island,N.Y. 11964
(631)451-9009 (631)749-3338
East Hampton Town Receiver ofTaxes Smithtown Town Receiver of Taxes
3U0PandgoPlace 99West Main Street
East Hampton,m.x 119e7 Smithtown,N.Y. 11787
(631)324'277O (631)360-7610
Huntington Town Receiver ofTaxes Southampton Town Receiver vfTaxes
1ooMain Street 11aHampton Road
Huntington,N.Y. /1743 Southampton,N.Y. 11968
(631)351-3217 (631)283-6514
Islip Town Receiver ofTaxes Southold Town Receiver of Taxes
4oNassau Avenue sso9sMain Street
Islip,N.Y. 71751 Southold,N.Y. 11971
(631)224-5580 (631)765-1803
Sincerely,
Judith A.Pascale
Suffolk County Clerk
ow
2/99
12-0104.MAW
p
Stat ID: Slue A
� 4����
838838 15-APR-22
Tax Maps
District Secton Block Lot School District
1000 12000 03.00 011016
1000 12000 0300 011021
1000 12000 0300 011022
1000 12000 0300 011023
SECOND AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS
SECOND AMENDED DECLARATION made this /7 day of Mj 2022,
by P&E,LLC a Domestic Limited Liability Company,with office located at 5645 Aldrich Lane,
Laurel,NY 11948,hereinafter referred to as the DECLARANT.
WITNESSETH:
WHEREAS,the DECLARANT is the owner of certain real property situate on the west
side of Aldrich Lane+/-1,300 feet south of Sound Avenue in the hamlet of Laurel,Town of
Southold,County of Suffolk,State of New York,more particularly bounded and described in
Schedule"A"annexed hereto(hereinafter referred to as the Property);and
WHEREAS,the DECLARANT has made an application to the Planning Board of the
Town of Southold to subdivide said real property into 3 building lots as shown on the
Subdivision Map entitled"80/60 Conservation Subdivision,Peter Harbes"prepared by Young&
Young,dated February 13,2013 and last revised November 11,2021,to be filed with the Suffolk
County Clerk,and hereinafter referred to as the"Subdivision Map";and
WHEREAS,the County Clerk of the Suffolk County for map filing purposes has
required that the name of the"Subdivision Map"be changed from"80/60 Conservation
Subdivision,Peter Harbes"to"80/60 Conservation Subdivision,Peter Harbes Map Two";and
WHEREAS,the DECLARANT has considered this request and changed the name of the
Subdivision Map accordingly.
NOW,THEREFORE,THIS SECOND AMENDED DECLARATION WITNESSETH:
1.That the Amended Declaration of Covenants recorded with the Suffolk County Clerk
on December 29,2021,at Liber D00013135 Page 900,is hereby amended to,reflect the name of
the Subdivision Map is"80/60 Conservation Subdivision,Peter Harbes Map Two",and
2.That said Subdivision Map,as amended,was filed with the Suffolk County Clerk on
February 14,2022,as Filed Map No. 12230;and
3.All provisions of the Amended Declaration of Covenants and Restrictions,with the
exception of the Subdivision Map name,shall remain in full force and effect.
Page 1 of 2
IN WITNESS WHEREOF,the DECLARANT above named has duly executed this
Second Amended Declaration of Covenants and Restrictions the day and year first above written.
DECLARANT:
P&E,LLC
Peter Harbes,Managing Member
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the j_'-day of Aa4tA in the year 2022 before me,the undersigned,personally appeared,
P4A . tw4;xg_ ,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity,and that by her signature on the
instrument,the individual or the person upon behalf of which the individual acted,executed the
instrument.
t
Notary Public
ar
04F1i:Es A.ctioov
N,041WPublio,State of New York
No.02GU5872225
Qualified in St.r nik Countv
Commission Expire,;:.-amber 31,A&e kA
Page 2 of 2
SCHEDULE A
ALL those certain lots,pieces or parcels of land,situate,lying and being at Mattituck,in the Town
of Southold, County of Suffolk and State of New York, which said lots are more particularly
bounded and described as follows:
BEGINNING at the point on the southerly side of Sound Avenue intersected by the westerly side of
Aldrich Lane and thence running the following five(5)courses and distances along the westerly side
of Aldrich Lane:
1. South 32 degrees 10 minutes 40 seconds East,750.62 feet;
2. South 36 degrees 12 minutes 10 seconds East,206.05 feet;
3. South 40 degrees 42 minutes 10 seconds East,46.93 feet;
4. South 38 degrees 12 minutes 10 seconds East,61.81 feet;
5. South 35 degrees 12 minutes 10 seconds East, 135.00 feet to the division line between the
southeasterly line of land now or formerly of May Harbes and Edward Harbes and the northwesterly
line of the premises to be described intersects the southwesterly side of Aldrich Lane,and the true
point or place of beginning;
RUNNING THENCE along the southwesterly side of Aldrich Lane,South 31 degrees 42 minutes
10 seconds East,630.27 feet;
THENCE South 58 degrees 14 minutes 40 seconds West, 1523.20 feet;
THENCE North 33 degrees 01 minutes 50 seconds West,642.00 feet;
THENCE North 60 degrees 14 minutes 10 seconds East,340.47 feet;
THENCE North 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the southwesterly side of
Aldrich Lane,the point or place of BEGINNING.
From: Lanza, Heather
Sent: Tuesday, March 15, 2022 1:28 PM � tu'r �
To: Palmeri, Allison ;;;,m' I,,,,,,"E
IV ED
Subject: FW: P&E LLC (Peter Harbes) subdivision
Attachments: D00031522-03152022124603.pdf NA A
90uthb,�d [own
Incoming mail for the file (Harbes Lot Creation). Email &attachment. Plar�nin 13oard
-----Original Message-----
From: Charles Cuddy [rnailt :Char9 sCuddPQ tonlin*.mG ]
Sent:Tuesday, March 15, 2022 1:03 PM
To: Lanza, Heather<I eath r.lau'lr IDWr I.SouthoVd.rty,g >
Subject: P&E LLC (Peter Harbes) subdivision
To have the Declaration of Covenants for the Peter Harbes conservation subdivision (Open Development) coincide with
the name on the map (addition of"Map Two")we have prepared an amendment. Please advise if this is satisfactory so it
may be recorded.
Charles R. Cuddy
ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders
or unexpected emails.
SECOND AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS
SECOND AMENDED DECLARATION made this day of ,2022,
by P&E, LLC a Domestic Limited Liability Company, with office located at 5645 Aldrich Lane,
Laurel, NY 11948, hereinafter referred to as the DECLARANT.
WITNESSETH:
WHEREAS, the DECLARANT is the owner of certain real property situate on the west
side of Aldrich Lane+/-1,300 feet south of Sound Avenue in the hamlet of Laurel, Town of
Southold, County of Suffolk, State of New York, more particularly bounded and described in
Schedule"A" annexed hereto (hereinafter referred to as the Property); and
WHEREAS,the DECLARANT has made an application to the Planning Board of the
Town of Southold to subdivide said real property into 3 building lots as shown on the
Subdivision Map entitled"80/60 Conservation Subdivision,Peter Harbes"prepared by Young&
Young, dated February 13, 2013 and last revised November 11,2021, to be filed with the Suffolk
County Clerk, and hereinafter referred to as the"Subdivision Map"; and
WHEREAS, the County Clerk of the Suffolk County for map filing purposes has
required that the name of the "Subdivision Map"be changed from"80/60 Conservation
Subdivision, Peter Harbes"to "80/60 Conservation Subdivision,Peter Harbes Map Two"; and
WHEREAS, the DECLARANT has considered this request and changed the name of the
Subdivision Map accordingly.
NOW,THEREFORE,THIS SECOND AMENDED DECLARATION WITNESSETH:
1.That the Amended Declaration of Covenants recorded with the Suffolk County Clerk
on December 29, 2021, at Liber D00013135 Page 900, is hereby amended to reflect the name of
the Subdivision Map is"80/60 Conservation Subdivision, Peter Harbes Map Two"; and
2.That said Subdivision Map, as amended,was filed with the Suffolk County Clerk on
February 14, 2022, as Filed Map No. 12230; and
3. All provisions of the Amended Declaration of Covenants and Restrictions, with the
exception of the Subdivision Map name, shall remain in full force and effect.
Page 1 of 2
IN WITNESS WHEREOF, the DECLARANT above named has duly executed this
Second Amended Declaration of Covenants and Restrictions the day and year first above written.
DECLARANT:
P&E,LLC
Peter Harbes,Managing Member
STATE OF NEW YORK)
SS..
COUNTY OF SUFFOLK)
On the_day of in the year 2022 before me, the undersigned,personally appeared,
,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument,the individual or the person upon behalf of which the individual acted, executed the
instrument.
Notary Public �....W
Page 2 of 2
11 iii ilii iii 11111111 11111111111111 IN
11 1111111111 . 1111
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 12/29/2021
Number of Pages : 9 At: 01 : 41 : 02 PM
Receipt Number : 21-0220130
LIBER: D00013135
PAGE : 900
District: Section: Block: Lot:
1000 120 . 00 03 .00 011 . 015
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45 . 00 NO Handling $20 .00 NO
COE $5 . 00 NO NYS SRCHG $15 .00 NO
TP-584 $0 . 00 NO Notation $0 .50 NO
Cert.Copies $11 .25 NO RPT $400 .00 NO
Fees Paid $496 . 75
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record.Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed A Mortgage Tax Stamp Recording/Filing Stamps
FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation 6D SpecJAssit.
or
EA 52 17(County)
Sub Total Spec./Add.
EA-521 L)LA9.9) TOT. TAX
Dual Tow
Q—R.P.T.S.A.0 Dual County
Held for An
ppointment
Comm.of Ed. S. 00
Transfer Tax
Affidavit Mansion Tax
(,Certified �p�_) The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge -------—5. Sub Total family dwelling only.
OtherYES orNO—
Grand Total q 6 If NO,see appropriate tax clause on
page# of this instrument.
7
Z2 �Z
47227345 Community Preservation Fund
Real Property P T Consideration Amount$
Tax Service (IR SMI A I lei I 11111 ell,
I
�27-DEC-211
Agency CPF Tax Due $
Verification
Improved
6 Satisfartions/DischargesR,eleases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Charles R.Cuddy,Esq. TD
445Griffing Avenue
Riverhead,NY 11901 TD
TD
Mail to:Judith A.Pascale,Suffolk County Clerk .'ornpany Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Amended Dec1ration of Coveriants-a,nd Restrictions made
by. (SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of.Southold
Iawa of.Sauthdd .w,,-,-,w ...... In the VILLAGE
or HAMLET of
BOXE16 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
--Tover
IMPORTANTNOTICE
If the document you've just recorded is your ATi Tl N O'F Mt CmmTC�-AGE,please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, � yry lj ruo w need to
thatyou may be billed directly forall future rsr er tax
contact youwr local Town Tax mReceiver so __..
statements.
Local property taxes are payable twice -a year: on or before January 10� and on or before May 31,..
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901
(631)957-3004 (631)727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farmingville,N.Y.11738 Shelter Island,N.Y. 11964
(631)451-9009 (631)749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton,N.Y. 11937 Smithtown,N.Y. 11787
(631)324-2770 (631)360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
106 Main Street 116 Hampton Road
Huntington,N.Y. 11743 Southampton,N.Y. 11968
(631)351-3217 (631)283-6514
Islip Town Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip,N.Y. 11751 Southold,N.Y. 11971
(631)224-5580 (631)765-1803
Sincerely,
U.
Judith A.Pascale
Suffolk County Clerk
dw
2/99
i
a�w,;,a_r.tueioa
C27-DEC-21
I I A
Stat I D: 4722734
I�_. .m....�
Tax Maps
District Secton Block Lot School District
1000 12000 0300 011015
1000 12000 0300 011016
AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS
AMENDED DECLARATION made this 22 day of December, 2021
by P&E, LLC a Domestic Limited Liability Company, with office located at
5645 Aldrich Lane, Laurel, NY 11948, hereinafter referred to as the
DECLARANT.
WITNESSETH:
WHEREAS, the Declarant is the owner of certain real property situate on
the west side of Aldrich Lane +/- 1,300 feet south of Sound Avenue in the hamlet
of Laurel, Town of Southold, County of Suffolk, State of New York, more
particularly bounded and described in Schedule "A" annexed hereto (hereinafter
referred to as the Property); and
WHEREAS, the Declarant has made an application to the Planning Board
of the Town of Southold to subdivide said real property into 3 building lots as
shown on the Subdivision Map entitled "80/60 Conservation Subdivision, Peter
Harbes" prepared by Young &Young, dated February 13, 2013 and last revised
November 11, 2021, to be filed with the Suffolk County Clerk, and hereinafter
referred to as the "Subdivision Map"; and
WHEREAS, for and in consideration of the granting of said subdivision
application shown on the Subdivision Map, and as a condition of granting said
approval, the Town of Southold Planning Board has required that this Amended
Declaration be recorded in the Suffolk County Clerk's Office; and
WHEREAS, the purpose of these covenants is to mitigate environmental
and public health, safety and welfare impacts from the subdivision and
.development of the subject property, and to further the goals of the Town's
Comprehensive Plan; and
WHEREAS, §278 of New York State Town Law authorizes cluster
development of subdivisions for the purpose of preserving the natural and scenic
qualities of open lands; and
WHEREAS, the Subdivision Code of the Town of Southold permits
Conservation Subdivisions where 80% of the buildable land is preserved in
perpetuity, and the density is reduced by 60%; and
WHEREAS, as a condition of approval of this conservation subdivision,
and in accordance with the Town's goals of land preservation, the Southold Town
Planning Board has found that 80% of buildable lands for the aforementioned
property equals 17.73 acres, and has required that the development rights for
that land be preserved; and
WHEREAS, the owner of the filed map has preserved more than 80% of
the buildable lands, 18.38 acres, through the sale of development rights and the
grant of a conservation easement to Southold Town on March 5, 2010 that
includes specific restrictions over that portion of the property shown on the
aforementioned Subdivision Map as the "Agricultural Preserve"; and
WHEREAS, pursuant to Town Code § 280-97 Right to farm, the Town of
Southold has determined that farming is an essential activity within the Town,
and that farmers shall have the right to farm in Southold without undue
interference from adjacent landowners or users. For the purpose of reducing
future conflicts between people residing on tracts adjacent to farmlands and
farmers, it is necessary to establish and give notice of the nature of the farming
activities to future neighbors of farmland and farming activities; and
WHEREAS, the DECLARANT has considered the foregoing and has
determined that the same will be for the best interests of the DECLARANT and
subsequent owners of the Property.
NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH:
That the DECLARANT for the purpose of carrying out the intentions above
expressed, does hereby make known, admit, publish, covenant and agree that
the Property herein described shall hereafter be subject to the covenants and
restrictions as herein cited, to wit:
2
1. There shall be no further subdivision of any of the lots shown on the aforesaid
Subdivision Map resulting in additional building lots. In addition, no lot lines
shall be modified unless authorized by resolution of the Southold Town
Planning Board.
2. The Declarant acknowledges that the lots on the approved Subdivision Map
are within 500' of land in agricultural use. All owners and future owners of
said lots are hereby provided notice of protected farm practices pursuant to
the Southold Town Code Farmland Bill of Rights. Farmers shall have the right
to undertake protected farm practices in the active pursuit of agricultural
operations, including, but not limited to: clearing; grading; plowing; aerial and
ground spraying; the use of legal agricultural chemicals (including herbicides,
pesticides and fertilizers); raising horses, poultry, small livestock and cattle;
processing and marketing produce; installing water and soil conservation
facilities; utilizing farm crop protection devices; designing and constructing
and using farm structures, including barns, stables, paddocks, fences,
greenhouses and pump houses; using water; pumping; spraying; pruning and
harvesting; disposing of organic wastes on the farm; extensive use of farm
laborers; training and others in the use and care of farm equipment, animals;
traveling local roads in properly marked vehicles; and providing local farm
produce markets near farming areas.
These activities can and do generate dust, smoke, noise, vibration and odor.
These activities may occur on holidays, Sundays and weekends, at night and
in the day. Such activities are presumed to be reasonable. Such activities do
not constitute a nuisance unless the activity has a substantial adverse effect
on the public health, safety and welfare.
3. Double Row Evergreen Buffer
a. A perpetual vegetative buffer shall be established and maintained on each
lot, as shown on the Subdivision Map, along the entirety of the rear,
3
westernmost boundary line of Lots 1, 2 and 3, and hereinafter referred to
as the "Vegetated Buffer". The buffer shall be comprised of evergreen
plants of such type, height, spacing and arrangement as will provide some
separation between the farm activities and the residential uses. At a
minimum the planting shall consist of a double row of evergreen trees 6
feet in height planted at intervals of 10 feet on center.
b. The vegetated buffer must be planted prior to receiving certificates of
occupancy for the residence on each lot.
c. Prohibited in the Vegetated Buffer
i. Placement of structures, except a fence.
ii. Excavation and grading
iii. Removal of soil
iv. Dumping of fill or noxious materials
d. Permitted in the Vegetated Buffer
i. The removal of trees in the vegetated buffer is prohibited, except in
the case of disease or damage. Any trees that die or are removed
shall be replaced by the landowner within six months with species
approved by the Planning Board.
ii. Planting of additional native, drought tolerant vegetation.
iii. Mowing and routine landscape maintenance.
iv. Fences
4. Utilities
a. Utilities, including but not limited to electric, gas, telephone, cable and
water, must be located underground.
5. Street Trees
a. 12 Street trees, 4 per lot, are required to be planted and maintained in
the front yard of Lots 1, 2 and 3 where they abut Aldrich Lane, as
shown on the Subdivision Map. Each lot owner is responsible to
maintain the street trees on their lot with the same number as shown
on the Subdivision Map, and to replace them in case they are removed
for any reason with a species that has been approved by the Planning
Board. Replacement shall occur within six months.
b. The street trees must be planted prior to receiving certificates of
occupancy for the residence on each lot.
6. Landscaping and fertilizer restrictions
a. The area of irrigation shall be limited to 15% of the total lot area.
b. The use of synthetic fertilizers, herbicides or pesticides on Lots 1 through
3 is prohibited;
c. The use of native, drought-tolerant plants that are on the list approved by
the Planning Department are required in landscaping said lots.
d. The use of fertilizer products containing nitrogen, phosphorus or
potassium is prohibited between November 1 and April 1.
e. Only organic fertilizers where the water soluble nitrogen is no more than
20% of the total nitrogen in the mixture may be utilized on the lots.
f. A maximum of 1 pound of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 pounds per
1,000 square feet per year is permitted.
g. The use of lawn fertilizer containing phosphorous is prohibited unless
establishing a new lawn or a soil test shows that the lawn does not have
enough phosphorus.
7. Underground storage tanks are prohibited, except those with spill, overfill and
corrosion protection requirements in place.
This "Amended Declaration of Covenants and Restrictions" supersedes the
prior "Declaration of Covenants and Restrictions," dated the 4th day of January,
2010, that was recorded against the Property in the Office of the Suffolk County
Clerk, on January 7, 2010, at Liber 12612 of Conveyances, Page 196, and, upon
the execution and recording of this "Amended Declaration of Covenants and
Restrictions" in the Office of the Suffolk County Clerk, the aforesaid prior
5
"Declaration of Covenants and Restrictions," dated the 4th day of January, 2010,
and recorded against the Property in the Office of the Suffolk County Clerk, on
January 7, 2010, at Liber 12612 of Conveyances, Page 196, shall be
automatically and immediately annulled, canceled, and no further force or effect.
The within Covenants and Restrictions shall run with the land and shall be
binding upon the DECLARANT, its successors and assigns, and upon all
persons or entities claiming under them, and may not be annulled, waived,
changed, modified, terminated, revoked, or amended by subsequent owners of
the premises unless and until approved by a majority plus one vote of the
Planning Board of the Town of Southold or its successor, following a public
hearing.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be
adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall
not affect the validity of these covenants as a whole, or any other part or
provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional.
The aforementioned covenants and restrictions are intended for the
benefit of and shall be enforceable by the Town of Southold, State of New York,
by injunctive relief or by any other remedy in equity or at law. If a Court of
competent jurisdiction determines that a violation of these covenants and
restrictions has occurred, the violator, whether it is the Declarant, its successors
or assigns, or persons or entities claiming under them, shall pay either directly or
by reimbursement to the Town all reasonable attorney's fees, court costs and
other expenses incurred by the Town in connection with any proceedings to
enforce the provisions of the covenants and restrictions set forth herein. The
failure of the Town of Southold or any of its agencies to enforce same shall not
be deemed to affect the validity of this covenant nor to impose any liability
whatsoever upon the Town of Southold or any officer or employee thereof.
6
IN WITNESS WHEREOF, the DECLARANT above named has duly
executed this Amended Declaration the day and year first above written.
DECLARANT:
P & E, LLC
Peter HArbes, Managing Member
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this j-�_ day of � L s, in the year 2�1, before me personally
appeared ..... � #6siVb ., known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity
and that by his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
Notary Public
MONA KC YM"
Notary PLI(flic, S! r4 rrow York
7
SCHEDUL-E A
ALL those certain lots,pieces or parcels of land, situate,lying and being at Mattituck,in the Town
of Southold, County of Suffolk and State of New York, which said lots are more particularly
bounded and described as follows:
BEGINNING at the point on the southerly side of Sound Avenue intersected by the westerly side of
Aldrich Lane and thence running the following five(5)courses and distances along the westerly side
of Aldrich Lane:
1. South 32 degrees 10 minutes 40 seconds East, 750.62 feet;
2. South 36 degrees 12 minutes 10 seconds East,206.05 feet;
3. South 40 degrees 42 minutes 10 seconds East,46.93 feet;
4. South 38 degrees 12 minutes 10 seconds East, 61.81 feet;
5. South 35 degrees 12 minutes 10 seconds East, 135.00 feet to the division line between the
southeasterly line of land now or formerly of May Harbes and Edward Harbes and the northwesterly
line of the premises to be described intersects the southwesterly side of Aldrich Lane, and the true
point or place of beginning;
RUNNING THENCE along the southwesterly side of Aldrich Lane, South 31 degrees 42 minutes
10 seconds East, 630.27 feet;
THENCE South 58 degrees 14 minutes 40 seconds West, 1523.20 feet;
THENCE North 33 degrees 01 minutes 50 seconds West, 642.00 feet;
THENCE North 60 degrees 14 minutes 10 seconds East, 340.47 feet;
THENCE North 58 degrees 14 minutes 40 seconds East, 1188.66 feet to the southwesterly side of
Aldrich Lane,the point or place of BEGINNING.
Southold Town Planning Board Work Session — January 10 2022 — Page 3
.
Project Name: Peter Harbes Open Development SCTM#: 1000-120-3-11.11
........ ._
Area — Lot Creation
Location: 5645 Aldrich Lane, Laurel
Description: This proposed conservation subdivision is to subdivide a 22.1659-acre
parcel into 4 lots, one of which the Town of Southold purchased the
Development Rights over 18 acres for farmland preservation
Status: Pending
Action: Review for Determination
m. ®.� - -
�port
Attachments: Staff Re
Project Name; Robert Schreiber
Minor Subdivision SCTM#
: Formerly: 1000-95-1-4
Location; Oregon Rd, Cutchogue (Current SCTM#s 1000-95-1-4.2-4.4 & 82-2-1, 2
Description:: This approved minor subdivision is for 4 lots on 47.4 acres on the north
side of Oregon Road, west of Alvah's Lane in Mattituck in the R-80
Zoning District. Development Rights on 32.27 acres have been sold to
the Town of Southold.
Status: Approved
Action: Bond Release Report
Attachments: Staff Report
Project Name: Messina Conservation I SCTM#: 1000-56-1-1
Subdivision 1000-55-6-35 & 36
J Location: 705, 751 & 2425 Laurel Avenue, Southold
"! Description; This 80/60 conservation subdivision proposes to subdivide 50 acres into
eight (8) residential lots of approximately 35,000 sq. ft. each, and one
43.6-acre parcel to be preserved as open space, by the Town.
Status: New Application
Action; Review for Completeness
Attachments. Staff Report
Discussion:
❖ December Monthly Report
V ZBA Request for Comments:
0 11900 Oregon Road LLC (Oregon Storage Warehouses),
11900 Oregon Road, Cutchogue
SCTM#1000-83-3-5.3, DUE: 1/27/2022
o Fishers Island Community Center
Fox Lane, Fishers Island
SCTM#1000-12-1-1.2, DUE: 1/27/2022
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date January 10, 2022
Prepared By: Heather Lanza, AICP
I. APPLICATION INFORMATION
Project Title: PETER HARBES ODA — LOT CREATION
Applicant: P&E LLC c/o Peter Harbes
Date of Submission.. May 17, 2013
Tax Map Number: 1000-120.-3-11.15 & 11.16
Project Location: +/- 1,300' south of Sound Avenue
Hamlet: Laurel
Zoning District: AC
II. DESCRIPTION OF PROJECT
Type of Subdivision: Conservation Subdivision/Open Development Area
Acreage of Project Site: 22.2 acres
# of Lots Proposed: Three residential, and one Agricultural Preserve
This proposal is for the creation of the lots in the 80/60 Conservation Subdivision of a
22.17-acre parcel into 4 lots, where Lots 1-3 are 1.26-acre residential lots and Lot 4 is
18.38 acres of preserved land, in the AC Zoning District. This parcel is located on the
w/s/o of Aldrich Lane, +/- 1,300' south of Sound Avenue, in Laurel.
III: ACTION TO REVIEW
• Review for Final Plat Approval
o Check that all conditions have been met
IV: Analysis
Conditional Final Plat Approval was granted on August 10, 2020 with the following
conditions:
1. Obtain approval from the Suffolk County Department of Health Services
Staff: completed
2. Submit 12 paper copies and 4 Mylars of the Final Plat revised as follows:
a. A vegetated buffer comprised of a double row of 6' evergreen plantings at
10' intervals to screen the residential lots from the existing farm operation
must be shown and labelled;
Staff: completed
Southold Planning Department Staff Report
b. 18 street trees shown and labelled along Aldrich Lane;
Staff: completed — however changed to 12 street trees to better fit the
site.
3. Approval stamp from the Suffolk County Department of Health Services;
Staff: completed
4. File the amended covenants and restrictions as drafted by Planning staff with the
Suffolk County Clerk's Office;
Staff: completed
5. Submit an Administration Fee in the amount of$6,000 pursuant to §240-37;
Staff: completed
6. Submit a Park and Playground fee in the amount of$7,000 pursuant to §240-53
G.
Staff: completed
V: Items to Consider
1. Find the application ready for Final Plat Approval at the January 10, 2022
meeting.
" � ..
CHARLES R.CUDDY JI, `
RlVERIIP'AD,Nna\N7 YORK
January 4, 2022 'FEL: (631),309 82DO
P.(.). IB 1�>�9,1. FAX: (631.).369-9080
NY 1190 1. Elm.ail: cha:rlescuddy@opton.lz:ne.nel
Heather Lanza, Director of Planning
Town of Southold Planning Department
P.O. Box 1179
Southold,New York 11971
Re: Peter Harbes (PE LLC)-Open Development Subdivision
5655 Aldrich Lane,Laurel, New York
SCTM# 1000-120-3-11.11
Dear Ms. Lanza:
Enclosed please find a certified copy of the Declaration of Covenants and Restrictions as recorded
with the Suffolk County Clerk on December 29,2021 at Liber D0001313 5 page 900.We believe that
the applicant has complied with all of the conditions set forth in the Conditional Final Approval
Resolution. Please place this matter for final approval before the Planning Board.
Thank you.
Very truly yours,
Al
Charles R. Cuddy
CRC:ik
CC# : C21-35974
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on 12/29/2021 under Liber D00013135 and Page 900 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 12/29/2021
SUFFOLK COUNTY CLERK
(;7u_�e-i=c.. Q. 1101- ccL ems.
JUDITH A.PASCALE
SEAL
bf
Cr_ '-'.. ._._.,....m _
CHARLES R.CUDDY
ATTORNEY AT LAW
4,45 GRTiFRI1" GAVENUE ns F>r0 1own
RIVERHEAD,NEW YORK Marming Board
December 13, 2021 �b"�a .. (631.)a) O... 2
DO
ROBox 1547 FAX: (631)369 9080
Riverliead,NY 11-901 E-mail: diadescuddy@opLonline,net
Heather Lanza, Director of Planning
Town of Southold Planning Department
P.O. Box 1179
Southold,NewYork 11971
Re: Peter Harbes (PE LLC)-Open Development Subdivision
5655 Aldrich Lane, Laurel,New York
SCTM# 1000-120-3-11.11
Dear Ms. Lanza:
We are enclosing four(4) mylars and twelve (12)prints of the final subdivision map of P&E LLC
endorsed with health department approval.We will shortly deliver to you a recorded Declaration of
Covenants. Please place this matter before the Planning Board for final approval to permit the map
to be signed.
Thank you.
Very truly yours,
Charles R. Cuddy
CRC:ik
RECETV
.
CHARLES R.CUDDY ()C
44,5 GRI F171 NG AVE NUE Planning Board
R1W]GRH]i:::l 1,NEW YORK
October 20, 2021 EL: (631.),369-820
PO.Pox 1547 F'.Z�X: (631)369- )
Riverheacl,NY 1.1.901 E.-mail:cliarlescLddy@optoy.iline.net
Heather Lanza, Director of Planning
Town of Southold Planning Department
P.O. Box 1179
Southold,NewYork 11971
Re- Peter Harbes (PSL LLQ-Open Development Subdivision
5655 Aldrich Lane, Laurel, New York
SCTM# 1000-120-3-11.11
Dear Ms. Lanza:
In accordance with the Conditional Final Plat approval enclosed are to following checks:
1. Check of$7,000 to the Town of Southold as the park and playground fee
2. Check of$6,000 to the Town of Southold as the administrative fee
If you could forward the completed Declaration of Covenants to me it can be recorded.At that point
we should be in a position to present the mylars and paper prints for the Chairman's signature.
Very truly yours,
Charles R. Caddy
CRC:ik
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex " �� P.O. Box 1179
54375 State Route 25 � �� �. Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold NY k� Telephone: 631 765-1938
' www.southoldtowuny.gov
r �0,
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM,
To: Accounting
From: Planning Department
Date: October 22, 2021
Re: Check— Park & Playground Fee
Please deposit the attached check into Park& Playground fees T1.037.
Thank you.
....... .. ......... _ ........
Project Name & Type Tax Map # Amount Check Date &
Number
... _......� _._ _W_...._
Harbes Open Development 1000-120-3- 7000.00 10/19/21 - #1012
Subdivision Park & Playground 11.11
Fee
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Aft.
1012
BankofAmerica-.
PETER HARBES ..
1002 Bluffs Drive N
Calverton, NY 11933-1295 1-32/210
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DOLLAR
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1100L01211" 1:02L0003221: 00483630709611
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annexe rx " . x P.O.Box 1179
54375 State Route 25 1' Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold NY � �
Telephone: 631 765-1938
' www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: October 22, 2021
Re: Check—Admin. Fee
Please deposit the attached check into Planning Inspection Fees Revenue
account 62115.20.
Thank you.
.. ........ _ .........
Pr .__..
oject Name & Type Tax Map # Amount Check Date &
Number
Harbes Open Development 1000-120-3- $6000.00 10/19/21 #1013
Subdivision Administration Fee 11.11
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PETER HARBES
BankofAmerica.
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1002 Bluffs Drive N
Calverton, NY 11933-1295 1-32/210 .y
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PAY TO THE
ORDER OF .... ... .. 6�000 . G a
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Southold Town Planning Board Work Session – July 20, 2020 – Page 3
Project Name: Peter Harbes Open Development SCTM#: 1000-120-3-11.11
Area – Lot Creation
Location: 5645 Aldrich Lane, Laurel
Description: This proposed conservation subdivision is to subdivide a 22.1659-acre
parcel into 4 lots, one of which the Town of Southold purchased the
Development Rights over 18 acres for farmland preservation.
Status: Pending
Action: Review C&R’s
Attachments: Staff Report
Project name: Colton Acres Standard Subdivision SCTM#: 1000-38.-1.-1.8
Location: +/- 275' west of Gillette Drive, East Marion
Description: This standard subdivision proposes to subdivide 4.24 acres into three
1.2-acre lots in the R-40 Zoning District. This parcel is located +/- 275'
west of Gillette Drive in East Marion.
Status: Conditional Preliminary Plat Approval
Action: Review C&R’s
Attachments: Staff Report
Discussion:
Site Plan Use Determination: Grange Rouge Artist Workshop, 56995 Main Road, Southold,
SCTM#1000-63-3-18.1
January – June 2020 Monthly Report
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date July 20, 2020
Prepared By: Erica Bufkins
I. APPLICATION INFORMATION
Project Title:
PETER HARBES ODA LOT CREATION
–
Applicant: P&E LLC c/o Peter Harbes
Date of Submission: May 17, 2013
Tax Map Number: 1000-120.-3-11.15 & 11.16
Project Location: 5645 Aldrich Lane, +/- 1,300’ south of Sound Avenue
Hamlet: Laurel
Zoning District: AC
II. DESCRIPTION OF PROJECT
Type of Subdivision: Conservation Subdivision/Open Development Area
Acreage of Project Site: 22.2 acres
# of Lots Proposed: 4 – 1 preserved, 4 residential
This proposal is for the creation of the lots for a conservation subdivision Open
Development Area. The proposal is to complete the subdivision of a 22.17-acre parcel
into 4 lots, where Lots 1-3 are 1.26-acre residential lots and Lot 4 is 18.38 acres of
preserved land, in the AC Zoning District. The Planning Board approved the Sketch
Plan for this proposal on August 10, 2009, which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a
development area of 3.79 acres. The Town Board approved an Open Development
Area on August 25, 2009, which designated the 3.79-acre development area for the
future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of
Aldrich Lane +/- 1,300’ south of Sound Avenue, in Laurel.
III: ACTION TO REVIEW
Conditions of Final Plat Approval
IV: HISTORY
This application is the first ODA Lot Creation application the Town has processed. The
Final Plat was found complete on February 10, 2020. The application was again
reviewed on March 9, 2020 for referrals and additional requirements of the subdivision
code. There was no comment from outside agencies, and the Board determined that I/A
OWTS, an additional Public Hearing, and an updated SEQRA Determination would not
be required for this application. The filed covenants require revision to include language
for the Vegetated Buffer in the rear of Lots 1, 2 and 3 required by the Planning Board in
2013, and additional findings of the LWRP.
Southold Planning Department Staff Report
V: ADDITIONS TO AMENDED COVENANTS AND RESTRICTIONS
On July 6, 2020, the Planning Board determined that in order to further the policies of
LWRP, the following would be required in the amended version of the covenants and
restrictions filed in 2010 for this application:
1. Policy 3. Enhance visual quality and protect scenic resources throughout the Town
of Southold.
A total of 18 street trees will be required on Lots 1-3 in order to meet this policy.
A vegetative buffer on each lot has been agreed to. Maintenance
o
language for the Vegetated Buffer must be added to the amended
covenants and restrictions.
2. Policies 5.4 & 5.5 The BMP’s are recommended to protect ground & surface waters.
The following Best Management Practices are required through a covenant and
restriction:
Area of irrigation should be limited to 15% of the total lot area;
Require rain sensors to promote responsible irrigation methods;
Require only the use of organic fertilizers where the water-soluble nitrogen is no
more than 20% of the total nitrogen in the mixture;
Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 lbs. per 1,00 square
feet per year;
Prohibit the application of fertilizer products containing nitrogen, phosphorus, or
stst
potassium between November 1 and April 1;
The use of phosphorus containing lawn fertilizer is prohibited unless establishing
a new lawn or soil test shows that the lawn does not have enough phosphorus.
Fertilizers labels have three bold numbers. The number in the middle us the
percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67
in the middle or lower is not restricted. Products with a number listed higher than
0.67 may only be used if a new lawn is being established or a soil test indicates
necessary.
See draft covenants and restrictions attached.
Once the covenants and restrictions are agreed upon, this application will have met all
of the requirements of Town Code Chapter 240 Subdivision of Land, and will be ready
for a Conditional Final Plat Determination at the next available .
2
Southold Planning Department Staff Report
Conditions for a Conditional Final Plat Approval for the Creation of Lots ODA.
Final Plat revised with the
1. Submit 12 paper copies and 4 Mylars of the
following
as per the requirements of the Planning Board, an approved by the
Health Department:
a. A vegetated buffer comprised of a double row of 6’ evergreen plantings at
10’ intervals to screen the residential lots from the existing farm operation
must be shown and labelled;
b. 18 street trees shown and labelled along Aldrich Lane.
2. Obtain approval from the Suffolk County Department of Health Services;
3. File the amended covenants and restrictions as drafted by Planning staff with the
Suffolk County Clerk’s Office;
$8,000
4. Submit an Administration Fee in the ($2,000 for all residential lots
involved).
5. Required Park and Playground fee pursuant to §240-53 G. in the amount of
$10,500
(3 lots x $3,500= $10,500).
3
AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS
AMENDED DECLARATION made this ____ day of _____________,
20__, by ____________________, presently residing at
_______________________
______________________________, hereinafter referred to as the
DECLARANT.
W I T N E S S E T H:
WHEREAS, the Declarant is the owner of certain real property situate at
\[on\] __________________________________________, Town of Southold,
County of Suffolk, State of New York, more particularly bounded and described in
Schedule “A” annexed hereto (hereinafter referred to as the Property); and
WHEREAS, the Declarant has made an application to the Planning Board
of the Town of Southold to subdivide said real property into 3 building lots as
shown on the Subdivision Map entitled
“_______________________________”prepared by
______________________________, last dated ____________, to be filed with
the Suffolk County Clerk, and hereinafter referred to as the “Subdivision Map”; and
WHEREAS, for and in consideration of the granting of said subdivision
application shown on the Subdivision Map, and as a condition of granting said
approval, the Town of Southold Planning Board has required that this Amended
Declaration be recorded in the Suffolk County Clerk’s Office; and
WHEREAS, the purpose of these covenants is to mitigate environmental
and public health, safety and welfare impacts from the subdivision and
development of the subject property, and to further the goals of the Town’s
Comprehensive Plan; and
WHEREAS, §278 of New York State Town Law authorizes cluster
development of subdivisions for the purpose of preserving the natural and scenic
qualities of open lands; and
WHEREAS, the Subdivision Code of the Town of Southold permits
Conservation Subdivisions where 80% of the buildable land is preserved in
perpetuity, and the density is reduced by 60%; and
WHEREAS, as a condition of approval of this conservation subdivision,
and in accordance with the Town’s goals of land preservation, the Southold Town
Planning Board has found that 80% of buildable lands for the aforementioned
property equals 17.73 acres, and has required that the development rights for
that land be preserved; and
WHEREAS, the owner of the filed map has preserved more than 80% of
the buildable lands, 18.38 acres, through the sale of development rights and the
grant of a conservation easement to Southold Town on March 5, 2010 that
includes specific restrictions over that portion of the property shown on the
aforementioned Subdivision Map as the “Agricultural Preserve”; and
WHEREAS, pursuant to Town Code § 280-97 Right to farm, the Town of
Southold has determined that farming is an essential activity within the Town,
and that farmers shall have the right to farm in Southold without undue
interference from adjacent landowners or users. For the purpose of reducing
future conflicts between people residing on tracts adjacent to farmlands and
farmers, it is necessary to establish and give notice of the nature of the farming
activities to future neighbors of farmland and farming activities; and
WHEREAS, the DECLARANT has considered the foregoing and has
determined that the same will be for the best interests of the DECLARANT and
subsequent owners of the Property.
NOW, THEREFORE, THIS AMENDED DECLARATION WITNESSETH:
That the DECLARANT for the purpose of carrying out the intentions above
expressed, does hereby make known, admit, publish, covenant and agree that
the Property herein described shall hereafter be subject to the covenants and
restrictions as herein cited, to wit:
2
1. There shall be no further subdivision of any of the lots shown on the aforesaid
Subdivision Map resulting in additional building lots. In addition, no lot lines
shall be modified unless authorized by resolution of the Southold Town
Planning Board.
2. The Declarant acknowledges that the lots on the approved Subdivision Map
are within 500’ of land in agricultural use. All owners and future owners of
said lots are hereby provided notice of protected farm practices pursuant to
the Southold Town Code Farmland Bill of Rights. Farmers shall have the right
to undertake protected farm practices in the active pursuit of agricultural
operations, including, but not limited to: clearing; grading; plowing; aerial and
ground spraying; the use of legal agricultural chemicals (including herbicides,
pesticides and fertilizers); raising horses, poultry, small livestock and cattle;
processing and marketing produce; installing water and soil conservation
facilities; utilizing farm crop protection devices; designing and constructing
and using farm structures, including barns, stables, paddocks, fences,
greenhouses and pump houses; using water; pumping; spraying; pruning and
harvesting; disposing of organic wastes on the farm; extensive use of farm
laborers; training and others in the use and care of farm equipment, animals;
traveling local roads in properly marked vehicles; and providing local farm
produce markets near farming areas.
These activities can and do generate dust, smoke, noise, vibration and odor.
These activities may occur on holidays, Sundays and weekends, at night and
in the day. Such activities are presumed to be reasonable. Such activities do
not constitute a nuisance unless the activity has a substantial adverse effect
on the public health, safety and welfare.
3. Double Row Evergreen Buffer
a. A perpetual vegetative buffer shall be established and maintained on each
lot, as shown on the Subdivision Map, along the entirety of the rear,
3
westernmost boundary line of Lots 1, 2 and 3, and hereinafter referred to
as the “Vegetated Buffer”. The buffer shall be comprised of evergreen
plants of such type, height, spacing and arrangement as will provide some
separation between the farm activities and the residential uses. At a
minimum the planting shall consist of a double row of evergreen trees 6
feet in height planted at intervals of 10 feet on center.
b. The vegetated buffer must be planted prior to receiving certificates of
occupancy for the residence on each lot.
c. Prohibited in the Vegetated Buffer
i. Placement of structures, except a fence.
ii. Excavation and grading
iii. Removal of soil
iv. Dumping of fill or noxious materials
d. Permitted in the Vegetated Buffer
i. The removal of trees in the vegetated buffer is prohibited, except in
the case of disease or damage. Any trees that die or are removed
shall be replaced by the landowner within six months with species
approved by the Planning Board.
ii. Planting of additional native, drought tolerant vegetation.
iii. Mowing and routine landscape maintenance.
iv. Fences
4. Utilities
a. Utilities, including but not limited to electric, gas, telephone, cable and
water, must be located underground.
5. Street Trees
a. 12 Street trees, 4 per lot, are required to be planted and maintained in
the front yard of Lots 1, 2 and 3 where they abut Aldrich Lane, as
shown on the Subdivision Map. Each lot owner is responsible to
maintain the street trees on their lot with the same number as shown
4
on the Subdivision Map, and to replace them in case they are removed
for any reason with a species that has been approved by the Planning
Board. Replacement shall occur within six months.
b. The street trees must be planted prior to receiving certificates of
occupancy for the residence on each lot.
6. Landscaping and fertilizer restrictions
a. The area of irrigation shall be limited to 15% of the total lot area.
b. The use of synthetic fertilizers, herbicides or pesticides on Lots 1 through
3 is prohibited;
c. The use of native, drought-tolerant plants that are on the list approved by
the Planning Department are required in landscaping said lots.
d. The useof fertilizer products containing nitrogen, phosphorus or
potassium is prohibited between November 1 and April 1.
e. Only organic fertilizers where the water soluble nitrogen is no more than
20% of the total nitrogen in the mixture may be utilized on the lots.
f. A maximum of 1 pound of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 pounds per
1,000 square feet per year is permitted.
g. The use of lawn fertilizer containing phosphorous is prohibited unless
establishing a new lawn or a soil test shows that the lawn does not have
enough phosphorus.
h. The application of lawn fertilizer on impervious surfaces is prohibited. Any
fertilizer that is applied or spilled on impervious surfaces shall be
immediately picked up.
7. Underground storage tanks are prohibited, except those with spill, overfill and
corrosion protection requirements in place.
8. Driveways serving the lots on the Subdivision Map shall be constructed of
pervious materials and shall remain pervious into perpetuity.
5
This “Amended Declaration of Covenants and Restrictions” supersedes the
prior “Declaration of Covenants and Restrictions,” dated the 4th day of January,
2010, that was recorded against the Property in the Office of the Suffolk County
Clerk, on January 7, 2010, at Liber 12612 of Conveyances, Page 196, and, upon
the execution and recording of this “Amended Declaration of Covenants and
Restrictions” in the Office of the Suffolk County Clerk, the aforesaid prior
“Declaration of Covenants and Restrictions,” dated the 4th day of January, 2010,
and recorded against the Property in the Office of the Suffolk County Clerk, on
January 7, 2010, at Liber 12612 of Conveyances, Page 196, shall be
automatically and immediately annulled, canceled, and no further force or effect.
The within Covenants and Restrictions shall run with the land and shall be
binding upon the DECLARANT, its successors and assigns, and upon all
persons or entities claiming under them, and may not be annulled, waived,
changed, modified, terminated, revoked, or amended by subsequent owners of
the premises unless and until approved by a majority plus one vote of the
Planning Board of the Town of Southold or its successor, following a public
hearing.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be
adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall
not affect the validity of these covenants as a whole, or any other part or
provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional.
The aforementioned covenants and restrictions are intended for the
benefit of and shall be enforceable by the Town of Southold, State of New York,
by injunctive relief or by any other remedy in equity or at law. If a Court of
competent jurisdiction determines that a violation of these covenants and
restrictions has occurred, the Declarant shall pay, either directly or by
reimbursement to the Town all reasonable attorney’s fees, court costs and other
expenses incurred by the Town in connection with any proceedings to enforce
the provisions of the covenants and restrictions set forth herein. The failure of the
6
Town of Southold or any of its agencies to enforce same shall not be deemed to
affect the validity of this covenant nor to impose any liability whatsoever upon the
Town of Southold or any officer or employee thereof.
7
IN WITNESS WHEREOF, the DECLARANT above named has duly
executed this Amended Declaration the day and year first above written.
DECLARANT:
By:___________________________
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this ___ day of ____________, in the year 20__, before me personally
appeared ___________________, known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his capacity
and that by his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
_____________________________
Notary Public
8
Schedule A. Legal Description of the Entire Property
9
Southold Town Planning Board Work Session -. u .6 2020 - Page 3
Project Name. Peter Harbes Open Development SCTM#: 1000-120-3-11.11
Area — Lot Creation
Location: 5645 Aldrich Lane, Laurel
_.. _proposed. _ . .
Description: This conservation subdivision is to subdivide a 22.1659-acre
parcel into 4 lots, one of which the Town of Southold purchased the
p Rights over 18 acres for farmland preservation.
_ Develo ment Ri a
a.........a w .,..,....
5Status: Pending
... _ _ .......
Action: Review
. .
Attachments: Staff Report
..........., w
Project Name: Bing Conservation Subdivision SCTM#: 1000-95.-l-7.2 & 8.3
_,. g 9
Location; 6795 & 7755 Oregon Road, Cutcho ue
Description; This proposal is for a 75/75 split clustered Conservation Subdivision of
84.72 acres, currently existing as two adjacent parcels, SCTM#1000-95-
1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8
residential lots ranging in size from 1.86 to 4.38 acres, a right of way of
2.48 acres, and 2 agricultural lots totaling 60.38 acres from which
development rights are proposed to be sold to Suffolk County, in the AC
and R-80 Zoning Districts.
_
Status: Conditional Final Approval„
_ _
Action: Reissue Conditional Final Plat Determination
.
Attachments: Staff Report
_ ... ..
Project name: Harold R. Reeve & Sons, Inc, SCTM#: 1000-140-1-6
Location: 1605 Wickham Avenue, Mattituck
_. ..
Description: This proposal is for a Standard Subdivision of a 5.1 acre split-zoned
parcel into 4 lots where Lots 1-3 equal 1 acre each in the R-40 Zoning
District and Lot 4 equals 1.8 acres located in both the R-40 and LB
Zoning Districts.
Status: Conditional Preliminary Plat Approval
Action: Extension of Time to Render Final Plat Determination
Attachments: Staff Report
Discussion:
❖ Site Plan Use Determination: Grange Rouge Artist Workshop, 56995 Main Road, Southold,
SCTM#1000-63-3-18.1
❖ Update and Next Steps on the Status of the Comprehensive Plan and the Related Grant
❖ SEQRA Training with Planning Staff
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date July 6, 2020
Prepared By: Erica Bufkins
I. APPLICATION INFORMATION
Project Title: PETER HARBES ODA — LOT CREATION
Applicant: P&E LLC c/o Peter Harbes
Date of Submission: May 17, 2013
Tax Map Number: 1000-120.-3-11.15 & 11.16
Project Location: 5645 Aldrich Lane, +/- 1,300' south of Sound Avenue
Hamlet: Laurel
Zoning District: AC
II. DESCRIPTION OF PROJECT
Type of Subdivision: Conservation Subdivision/Open Development Area
Acreage of Project Site: 22.2 acres
# of Lots Proposed: 4 — 1 preserved, 4 residential
This proposal is for the creation of the lots for a conservation subdivision Open
Development Area. The proposal is to complete the subdivision of a 22.17-acre parcel
into 4 lots, where Lots 1-3 are 1.26-acre residential lots and Lot 4 is 18.38 acres of
preserved land, in the AC Zoning District. The Planning Board approved the Sketch
Plan for this proposal on August 10, 2009, which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a
development area of 3.79 acres. The Town Board approved an Open Development
Area on August 25, 2009, which designated the 3.79-acre development area for the
future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of
Aldrich Lane +/- 1,300' south of Sound Avenue, in Laurel.
III: ACTION TO REVIEW
LWRP, C&R's
Conditions of Final Plat Approval
IV: HISTORY
This application is the first ODA Lot Creation application the Town has processed. The
Final Plat was found complete on February 10, 2020. The application was again
reviewed on March 9, 2020 for referrals and additional requirements of the subdivision
code. There was no comment from outside agencies, and the Board determined that I/A
OWTS, an additional Public Hearing, and an updated SEQRA Determination would not
be required for this application. The filed covenants require revision to include language
for the Vegetated Buffer in the rear of Lots 1, 2 and 3 required by the Planning Board in
2013, and additional findings of the LWRP.
Southold Planning Department Staff Report
All required approvals to create the ODA were granted in 2009. The sale of
development rights on the 18.38-acre parcel was completed, which preserved the
farmland in perpetuity.
On February 10, 2020, the Planning Board re-activated the Final Plat application for lot
creation and found the Final Plat application complete.
The Planning Board also determined that the following items would not be re uired for
review as a part of this a lei qion..,
• Final Plat Public Hearing — a public hearing on the Sketch Plan had been held
and closed in 2009;
• SEQRA Determination —A review under SEQRA was completed and a
determination of no significant adverse impacts passed by resolution in 2009;
V: ANALYSIS
On February 12 2020 thea plication was referred to theagencies listed below, none
of which had any concerts with the lot creation for this O en Development Area.
1. Suffolk County Planning Commission
2. Town Engineer
3. Town of Riverhead Planning Department
4. Suffolk County Department of Health Services
To date, the applicant has not yet received Health Department approval.
a. Approval from the Health Department will be required prior to a final
determination on the application.
Review by the Local Waterfront Revitalization Coordinator
On June 25, 2020, the LWRP Coordinator found this action CONSISTENT with the
policies of LWRP with the following comments:
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold.
• It is recommended that the Board apply the dark sky lighting requirements to
preserve the night sky in the area pursuant to §240-46 Lighting.
• A total ofm 13 street trees will be required on Lots 1-3 in order to meet this policy.
o A vegetative buffer on each lot has been agreed to in a filed Covenant and
Restriction filed in 2010.
Policy 5. Protect and improve water quality and supply in the Town of Southold.
Southold Planning Department Staff Report
• The lots are not proposed to be connected to public water and potable water
supply will be supplied from private wells. To protect the water quality of the sole
source aquifer and mitigate cumulative nitrogen loading impacts, the installation
of I/A OWTS is recommended. It is expected that an existing sanitary system is
located and functioning on the improved Lot 1.
o STAFF: The Planning Board previously determined that the installation of
I/A OWTS would not be required as part of this application.
Policies 5.4 & 5.5 The BMP's are recommended to protect ground & surface waters..
The following Best Management Practices are recommended to be required through a
covenant and restriction:
• Area of irrigation should be limited to 15% of the total lot area;
• Require rain sensors to promote responsible irrigation methods;
• Require only the use of organic fertilizers where the water-soluble nitrogen is no
more than 20% of the total nitrogen in the mixture,
• Require a maximum of 1 Ib. of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 lbs. per 1,00 square
feet per year,
• Prohibit the application of fertilizer products containing nitrogen, phosphorus, or
potassium between November 1St and April 1St;
• The use of phosphorus containing lawn fertilizer is prohibited unless establishing
a new lawn or soil test shows that the lawn does not have enough phosphorus.
Fertilizers labels have three bold numbers. The number in the middle us the
percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67
in the middle or lower is not restricted. Products with a number listed higher than
0.67 may only be used if a new lawn is being established or a soil test indicates
necessary.
EXISTING COVENANTS AND RESTRICTIONS ON THE PROPERTY FILED WITH
THE SUFFOLK COUNTY CLERK'S OFFICE ARE LISTED IN ITEMS 1-4 BELOW:
1. That a perpetual vegetative buffer shall be established one each lot, as shown on
the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised
on July 2, 2009 between the agricultural use and the residential use properties. The
buffer shall be comprised of evergreen plants of such type, height, spacing and
arrangement a will effectively screen the activity on the residential lot from the
agricultural area. At a minimum, the planting shall consist of a double row of trees 6
feet in height planted at intervals of 10 feet on center.
STAFF:
• Notation and language for the perpetual buffer is required to be added
to the Final Plat.
• Maintenance for the Vegetated Buffer must be memorialized in a
covenant and restriction when the filed covenants are amended.
J
Southold Planning Department Staff Report
2. All landscaped areas shall contain indigenous, drought tolerant vegetation in
landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides.
STAFF: These practices are standard for new subdivision applications and
have been elaborated upon since the review of the application by the LWRP
Coordinator. The typical l l'y°IP`s as required throu h LWRP should be applied
through a C&R.
3. All driveways shall be constructed of a pervious material;
4. All residences constructed or located at this site shall include installation of gutters,
leaders and drywells.
The applicant was sent a letter in 2013 that discussed the following requirements:
1. A vegetated buffer comprised of a double row of 6' evergreen plantings at 10'
intervals to screen the residential lots from the existing farm operation must be
shown and labelled on the Final Plat.
STAFF: Revisions to the Final Plat will be required as conditions of the
Conditional Final Plat Approval.
2. The covenants and restrictions will need to be amended to include a clause that
establishes the vegetated buffer and maintenance.
STAFF: Amendments to the filed covenants and restrictions will be provided
in draft form by planning staff to review at a future work session.
CITE: Filina the amended covenants and restrictions with theSuffolkCount
Clerk's Office will be rggqjred asmma condition of Conditional Final Plat A realm
3. An Administration Fee in the $8,000 ($2,000 for all residential lots involved) will be
required to be submitted prior to a Final Plat Approval.
4. Required Park and Playground fee pursuant to §240-53 G. in the amount of$10,500
(3 lots x $3,500= $10,500).
STAFF: All remaining fees will be required as conditions of Conditional Final
Plat Approval.
C.. ................ or a Conditional Finales Plat Approval for the Creation of Lots inthisODA.
Conditions f..
1. Obtain approval from the Suffolk County Department of Health Services;
4
Southold Planning Department Staff Report
2. Submit 12 paper copies and 4 Mylars of the Final Plat revised with the
following as per the requirements of the Planning Board, an approved by the
Health Department:
a. A vegetated buffer comprised of a double row of 6' evergreen plantings at
10' intervals to screen the residential lots from the existing farm operation
must be shown and labelled;
b. 18 street trees shown and labelled along Aldrich Lane,
3. File the amended covenants and restrictions as drafted by Planning staff with the
Suffolk County Clerk's Office;
4. Submit an Administration Fee in the $8,000 ($2,000 for all residential lots
involved).
5. Required Park and Playground fee pursuant to §240-53 G. in the amount of
$10,500 (3 lots x $3,500= $10,500).
5
�f
OFFICE LOCATION: �'q � � Yp��� MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25sy Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Telephone: 631 765-1938
Southold, NY 11971 " r P
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD C-"bj�
14L� 1
RECE,,I E
�..._ _ .. N
To: Donald Wilcenski, Chair � �
Town of Southold Planning Board
From: Mark Terry,AICP
Rannipiig Board
Assistant Town Planning Director — --
LWRP Coordinator
Date: June 25, 2020
Re: Proposed Harbes ODA Lot Creation
SCTM# 1000-120-3-11.15 Zoning District: AC
This proposal is for the creation of the lots for a conservation subdivision Open Development Area. The
proposal is to complete the subdivision of a 22.17-acre parcel into 4 lots,where Lots 1-3 are 1.26-acre
residential lots and Lot 4 is 18.38 acres of preserved land, in the AC Zoning District. The Planning Board
approved the Sketch Plan for this proposal on August 10, 2009,which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a development area of 3.79
acres. The Town Board approved an Open Development Area on August 25, 2009,which designated the
3.79-acre development area for the future creation of residential lots. This parcel is at 5645 Aldrich Lane,
on the w/s/o of Aldrich Lane+/- 1,300' south of Sound Avenue, in Laurel.
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based
upon the information provided on the LWRP Consistency Assessment Form submitted to this department,
the proposed action is CONSISTENT with the LWRP below listed policies provided that the following is
considered and required to further and/or meet the policies:
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.
The proposed action is to subdivide a 22.17 acre parcel into 4 residential lots in the Agricultrual
Conservation(AC)zoning district located in the hamlet of Laurel.
The surrounding character of the area is residential neighborhood and agriculture. The parcels to
the east are zoned AC and improved with residential structures and the parcels to the south,north
and west are also zoned AC and in active agriculture.
1
The use does not conflict with the Residential 40 zoning district or community character,makes
beneficial use of infrastructure and minimizes adverse effects of development through the
reduction in yield.
Policy 2.2. Protect and preserve archaeological resources.
A. Conduct a cultural resource investigation when an action is proposed on an
archaeological site,fossil bed, or in an area identified for potential archaeological
sensitivity on the archaeological resources inventory maps prepared by the New York
State Department of Education.
1. Conduct a site survey to determine the presence or absence of cultural
resources in the project's potential impact area.
The New York Department of State Cultural Resource Information
System(CRIS)was consulted to determine the presence or absence of
cultural resources on the property. The property is not located within
an identified Archeological Sensitive Area. The Town ArcGIS also did
not identify the area as within an Archeo-sensitive Area.
The property is not SPLIA listed and currently undergoing renovation.
A cultural resource investigation is not recommended.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic
quality:
A total of 18 street trees will be required on lots 1-3 to meet this policy. A vegetative
buffer on each lot has been agreed to in a filed Covenant and Restriction filed in 2010.
K. Protect visual quality associated with agricultural land, open space and natural
resources.
3. Avoid structures or activities which introduce visual interruptions to natural
landscapes including:
a. introduction of intrusive artificial light sources
It is recommended that the Board apply dark sky lighting requirements to
preserve the night sky in the area pursuant to § 240-46. Lighting.
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion.
The property is not located within a mapped FEMA flood zone.
Policy 5. Protect and improve water quality and supply in the Town of Southold.
2
Adverse impacts to groundwater and eventually surface waters quality may occur as a result of
the cumulative effects from residential development and increased disposal of sanitary
wastewater an application of fertilizers and pesticides over time.
The lots are not proposed to be connected to public water and potable water supply will be
supplied from private wells. To protect the water quality of the sole source aquifer and mitigate
cumulative nitrogen loading impacts,the installation of a I/A OWTS is recommended. It is
expected that an existing sanitary system is located and functioning on the improved Lot 1.
To further LWRP policies 5.4 and 5.5 and protect the ground water and surface waters of
Southold, it is recommended that the Board require the following best management practices in
a Covenant and Restriction applied to each residential lot:
a. Area of irrigation should be limited to 15 percent of the lot area.
b. Require rain sensors to promote responsible irrigation methods.
c. Require only the use of organic fertilizers where the water-soluble nitrogen is no
more than 20% of the total nitrogen in the mixture.
d. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application,
with a cumulative application of no more than 2 lbs. per 1,000 square feet per year.
e. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or
potassium between November 151 and April lst
f. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a
new lawn or soil test shows that the lawn does not have enough phosphorus.
Fertilizer labels have three bold numbers. The number in the middle is the percentage
of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or
lower is not restricted. Products with a number higher than 0.67 may only be used if a
new lawn is being established or a soil test indicates it is necessary.
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem.
The NYSDEC Environmental Mapper was consulted and the parcel is located within a rare
plants and animals environmental designated area. The Town of Southold is a confirmed
summer occurrence area and the parcel area is in the vicinity of"bats listed as endangered or
threatened". This refers to the northern long-eared bat(NLEB) (Myotis septentrionalis). Due
to the lack of natural vegetation and agricultural use on the proposed 3 residential lots, the
occurrence and use of the area by the species is low and not further action is recommended.
Policy 12.1. Protect agricultural lands from conversion to other land uses.
The NY Department of Agriculture and Markets has created a Land Classification System
based on soils that are used in the Agricultural Assessment Program pursuant to Article 25-AA
of the Agriculture and Markets Law.
The on-site soil group where the lots will be located consists of Riverhead Sandy Loam 0-3
percent slopes, Plymouth Sandy Loam 8-15 percent slopes and Haven Loam 0-2 percent
slopes. Soils or slopes characteristics on the parcel will not impede development. This action
will convert 3.79 acres from active agricultural use to residential use, however, the mitigation
to this impact is that the landowner sold development rights to the Town of Southold on 18.37
acres of the 22.17 acre parcel in 2009.
Please contact me at(631) 765-1938 if you have any questions regarding the above.
3
WORK SESSION AGENDA
SOUTHOLD TOWN PLANNING BOARD
Monday, March 9, 2020
4:00 p.m.
Southold Town Meeting Hall
4:00 p.m. Applications
Project Name: George L. Penny Inc. Contractors! SCT #: 1000-53-2-27.2
Yard Amended
Location: 67480 Route 25, Greenport
Description: eight (8) existing tbuild ng proposed
g p ,634 sq.contractors
onr2.68rac esu n the LI
p p fora ro 0
s totaling 24
Zoning District.
r
Status: Pending. .. ,..
Action. Referral Review
Attachments: Staff Report
Project Name:
_
� Old Colonial Pla_ce Retail ,SCTM#: 1000-140-2-21
Location Pike Street, Mattituck
_
..._
Description: This Site Plan is for the proposed construction of a 4,500 sq. ft. building
r to consist of four (4) retail units with full basement for storage and
® t_ 5 acres in the HB Zoning District.
StatE wenty-four parking,stalls on 0
New Application
us: �n_ . _ _ _.. ....e a.... . _ _
Action: -Review for Completeness
{
Attachments: ,
chments: : Staff Report
Project Name: Peter Harbes Open DevelopmentSCTM#: 1000-120-3-11.11
Area — Lot Creation
Location, 5645 Aldrich Lane, Laurel
Description: This proposed conservation subdivision is to subdivide a 22.1659-acre
parcel into 4 lots, one of which the Town of Southold purchased the
Development Rights over. 18 acres for farmland preservation.
Status:.. Pending
Action: Referral Review
Attachments: Staff Report
Discussion:
❖ Draft Monthly Report for February 2020
❖ ZBA Request for Comments: Eastern Long Island Kampground Amended, 64500
CR 48, Greenport, SCTM#1000-40-3-5 (Comments Due: March 26, 2020)
❖ ZBA Request for Comments: Hard Corner Properties LLC, 53530 Main Road,
Southold, SCTM#1000-61-4-1 (Comments Due: March 26, 2020)
❖ Planning Summer Intern
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date March 9, 2020
Prepared By: Erica Bufkins
I. APPLICATION INFORMATION
Project Title: PETER HARBES ODA — LOT CREATION
Applicant: P&E LLC c/o Peter Harbes
Date of Submission: May 17, 2013
Tax Map Number: 1000-120.-3-11.15 & 11.16
Project Location: 5645 Aldrich Lane, +/- 1,300' south of Sound Avenue
Hamlet: Laurel
Zoning District: AC
II. DESCRIPTION OF PROJECT
Type of Subdivision: Conservation Subdivision/Open Development Area
Acreage of Project Site: 22.2 acres
# of Lots Proposed: 4 — 1 preserved, 4 residential
This proposal is for the creation of the lots for a conservation subdivision Open
Development Area. The proposal is to complete the subdivision of a 22.17-acre parcel
into 4 lots, where Lots 1-3 are 1.26-acre residential lots and Lot 4 is 18.38 acres of
preserved land, in the AC Zoning District. The Planning Board approved the Sketch
Plan for this proposal on August 10, 2009, which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a
development area of 3.79 acres. The Town Board approved an Open Development
Area on August 25, 2009, which designated the 3.79-acre development area for the
future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of
Aldrich Lane +/- 1,300' south of Sound Avenue, in Laurel.
III: ACTION TO REVIEW
Referral Review
Covenants and Restrictions
Additional Requirements
IV: HISTORY
All required approvals to create the ODA were granted in 2009. The sale of
development rights on the 18.38-acre parcel was completed, which preserved the
farmland in perpetuity.
The Lot Creation process was begun in 2013 with a Final Plat application but was
never completed.
Southold Planning Department Staff Report
On February 10, 2020, the Planning Board re-activated the Final Plat application for lot
creation and found the Final Plat application complete.
The Planninai Board also determined that the following items would not be re wired for
review as a part of this application:
• Final Plat Public Hearing — held and closed in 2009;
• SEQRA Determination — passed by resolution in 2009;
• Referral to LWRP —found CONSISTENT with policies of LWRP in 2009.
V: ANALYSIS
On Februa 12 2020 the application was referred to theagencies listed below;
1. Suffolk County Planning Commission
• A determination on the Final Plat is a matter of local determination.
• All prospective owners of lots within this subdivision shall be advised that their
lots are located adjacent to an agricultural reserve and their lots may be
subject to noise and fugitive dust normally associated with agricultural
activities.
2. Suffolk County Department of Health Services
• To date, the applicant has not yet received Health Department approval.
o Approval from the Health Department will be required prior to a final
determination on theapplication.
3. Town Engineer
• No infrastructure is proposed as part of this subdivision and development of
the individual lots will be subject to Chapter 236, Stormwater Management, of
the Town Code when building permits are submitted to the Building
Department. Therefore, there is nothing for the Engineering Department to
review or comment on in this subdivision plan.
4. Town of Riverhead Planning Department
• No concern with the creation of the development lots as long as they are in
accordance with the Southold Town Code.
2
Southold Planning Department Staff Report
EXISTING COVENANTS AND RESTRICTIONS ON THE PROPERTY FILED WITH
THE SUFFOLK COUNTY CLERK'S OFFICE ARE LISTED IN ITEMS 1-4 BELOW:
1. That a perpetual vegetative buffer shall be established one each lot, as shown on
the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised
on July 2, 2009 between the agricultural use and the residential use properties. The
buffer shall be comprised of evergreen plants of such type, height, spacing and
arrangement a will effectively screen the activity on the residential lot from the
agricultural area. At a minimum, the planting shall consist of a double row of trees 6
feet in height planted at intervals of 10 feet on center.
a. STAFF: Notation and language for the perpetual buffer is required to be
added to the Final Plat.
i. Maintenance for the Vegetated Buffer must be memorialized in a
covenant and restriction when the filed covenants are amended.
2. All landscaped areas shall contain indigenous, drought tolerant vegetation in
landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides.
a. STAFF: The typical BMP's as ruined through LWRP should be applied
through a C&R for this parcel. These practices are standard for new
subdivision applications and have been elaborated upon since the review of
the application by the LWRP Coordinator.
3. All driveways shall be constructed of a pervious material;
a. STAFF: Additional driveway requirements are discussed below.
4. All residences constructed or located at this site shall include installation of gutters,
leaders and drywells.
a. STAFF: Will be addressed in the amended covenant..
ADDITIONAL COVENANTS SHOULD BE DISCUSSED BY THE PLANNING BOARD.
The following clauses are now commonly required for subdivision applications, but were
not discussed when the application was first reviewed in 2013. Due to the progression
in planning practices from 2013 to 2020, the following items should be addressed.
i. Common Driveway Access
1. A common driveway should be required between proposed Lots 2 & 3 to
limit interaction and interference with the adjacent 50' farm road to the
north and the adjacent lots to the east (Lots 4-7 in the Farmveu
Associates Subdivision).
Southold Planning Department Staff Report
2. Another option would be to located the common driveway between Lots
1 & 2, which is east of a Natural Drainage Area.
a. There is less development to the north of the proposed parcels,
and according to Town Code §240-45 C;
Common driveways.
1. Common driveway access may be provided and shall be
required where street safety and traffic management goals
would be served.
ii. Innovative/Alternative Onsite Wastewater Treatment Systems
1. Due to impacts to groundwater from septic systems, and the availability
of new technology, I/A OWTS are recommended to be installed on each
proposed lot.
• This site is located in a DEC S ecial Groundwater Protection
Area. Reduction to nitrogen effluent is essential in this area.
2. A covenant requiring the installation of the systems will need to be
addressed.
iii. Street Trees
1. Street trees will be required to be planted as per Town Code §161-44;
Street trees
Trees shall be planted at intervals of 30 feet to 40 feet.... The street
trees shall be planted on both sides of the street... all trees shall be
approved by the Superintendent of Highways and the Planning Board....
• Currently 631' of the proposed subdivision abuts ldric Lane.
18 street trees (631'/35') will be required to be planted along
Aldrich Lane and shown on the Final Plat.
Revisions to the Final Plat will be re uired in accordance with the findings of the
Planning Board. These can be re uired as conditions of Conditional Final Plat
Approval:
• Show a Common Driveway access;
• Show a Vegetated Buffer comprised of evergreen trees on the rear property lines
of Lots 1-3 to provide screening from the active agricultural operations;
• Include notation that I/A OWTS will be required on Lots 1-3;
• Show the location of the 18 street trees that are required on Lots 1-3 along
Aldrich Lane.
4
Southold Planning Department Staff Report
4 Marked revisions to the filed covenants and restrictions will be drafted by-planning
staff and discussed at a future work session.
The applicant was sent a letter in 2013 that discussed the following items:
1. All future driveways will be required to meet Town Code through the issuance of a
building permit.
2. A vegetated buffer comprised of a double row of 6' evergreen plantings at 10'
intervals to screen the residential lots from the existing farm operation must be
shown and labelled on the Final Plat.
a. STAFF: Revisions to the Final Plat will be required as conditions of the
Conditional Final Plat Approval.
3. The covenants and restrictions will need to be amended to include a clause that
establishes the vegetated buffer and maintenance.
a. STAFF: Amendments to the filed covenants and restrictions will be provided
in draft form by planning staff to review at a future work session.
NOTE: Filing the amended covenants and restrictions with the Suffolk Count
Clerk's Office will be required as a condition of Conditional Final Plat Approval.
4. An Administration Fee in the $8,000 ($2,000 for all residential lots involved) will be
required to be submitted prior to a Final Plat Approval,.
5. Required Park and Playground fee pursuant to §240-53 G. in the amount of$10,500
(3 lots x $3,500= $10,500).
a. STAFF: All remaining fees will be required as conditions of Conditional Final
Plat Approval.
5
COUNTY OF SUFFOLK
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Natalie Wright
Commissioner
Town of Southold
Planning Board
P.O. Box 1179
54375 Route 25
Southold, NY 11971
Attn: Erica Bufkins, Planner Trainee
IRECEIVED
�,ranntib�°sr7nr9 ���a��H�n
Rla nl'noirng Board
Department of
Economic Development and Planning
February 24, 2020
Re -Subdivision: Map of Peter Harbes (P&E, LLC)
Suffolk County Tax Map No.: 1000 12000 0300 011015, 011016
Suffolk County Planning File No.: S -SD -20-01
Dear Ms. Bufkins:
Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County
Administrative Code, the above captioned proposed final plat that has been referred
to the Suffolk County Planning Commission is considered to be a matter for local
determination. A decision of local determination should not be construed as either an
approval or disapproval.
Comments:
All prospective owners of lots within this subdivision shall be advised that their lots
are located adjacent to an agricultural reserve and their lots may be subject to noise
and fugitive dust normally associated with agricultural activities.
Sincerely,
Sarah Lansdale, AICP
Director of Planning
Theodore R. Klein, Principal Planner
Division of Planning and Environment
TRK/cd
H. LEE DENNISON BLDG w 100 VETERANS MEMORIAL HWY, 11th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 0 (631) 853-5191
SCOTT A. RUSSELL
SUPERVISOR
TOWN HALL - 53095 MAIN ROAD
Tel, (631) - 765 — 1560
h i
i
MICHAEL M. COLLINS, P.E.
TOWN ENGINEER
TOWN OF SOUTHOLD, NEW YORK 11971
Fax. (631)-765-9015
OFFICE OF THE ENGINEER
TOWN OF SOUTHOLD
Erica Bufkins
Southold Town Planning Department
54375 Main Road
Southold, New York 11971
Re: Harbes ODA Lot Creation
SCTM #: 1000 — 120. — 03 — 11.15 & 11.16
Dear Ms. Bufkins:
February 18, 2020
As per a request from your office, I have reviewed the Final Plat for the 80/60
Conservation Subdivision Peter Harbes prepared by Howard, W. Young, L.S., dated
February 13, 2013. No infrastructure is proposed as part of this subdivision and
development of the individual lots will be subject to Chapter 236, Stormwater
Management, of the Town Code when building permits are submitted to the Building
Department. Therefore, there is nothing for the Engineering Department to review or
comment on in this subdivision plan.
If you have any questions regarding this review, please contact my office.
Sincerely,
Michael YCollins, P.E.
Town Engineer
cc: Vincent Orlando, Superintendent of Highways
MICHAEL M. COLLINS, P.E.
TOWN ENGINEER
TOWN OF SOUTHOLD, NEW YORK 11971
Fax. (631)-765-9015
OFFICE OF THE ENGINEER
TOWN OF SOUTHOLD
Erica Bufkins
Southold Town Planning Department
54375 Main Road
Southold, New York 11971
Re: Harbes ODA Lot Creation
SCTM #: 1000 — 120. — 03 — 11.15 & 11.16
Dear Ms. Bufkins:
February 18, 2020
As per a request from your office, I have reviewed the Final Plat for the 80/60
Conservation Subdivision Peter Harbes prepared by Howard, W. Young, L.S., dated
February 13, 2013. No infrastructure is proposed as part of this subdivision and
development of the individual lots will be subject to Chapter 236, Stormwater
Management, of the Town Code when building permits are submitted to the Building
Department. Therefore, there is nothing for the Engineering Department to review or
comment on in this subdivision plan.
If you have any questions regarding this review, please contact my office.
Sincerely,
Michael YCollins, P.E.
Town Engineer
cc: Vincent Orlando, Superintendent of Highways
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To:
Michael Collins, Town Engineer
From:
Erica Bufkins, Planner Volzvlk
Date:
February 12, 2020
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
www.southoldtowimy.gov
Re: Subdivision Application Review – Harbes ODA Lot Creation
Application: Harbes ODA Lot Creation
Tax Map Number: 1000-120.-3-11.15 & 11.16
Location: 5645 Aldrich Lane, +/- 1,300' south of Sound Avenue, Laurel
Type of Application:
Sketch Subdivision Map
(Dated:
Preliminary Subdivision Map
(Dated:
X— Final Subdivision Map
(Dated: 2/13/13
Road Profiles
(Dated:
Grading and Drainage Plans
(Dated:
Other
(Dated:
Site Plan
(Dated:
Revised Site Plan
(Dated:
Grading and Drainage Plans
(Dated:
Other (AS BUILT)
(Dated:
P,roi'ect Description: approved the Sketch Plan for this proposal on August 10, 2009, which
preserved the 18.38 acres on Lot 4 through a sale of development rights to the Town of
Southold, and created a development area of 3.79 acres. The Town Board approved an Open
Development Area on August 25, 2009, which designated the 3.79 -acre development area for
the future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of Aldrich
Lane +/- 1,300' south of Sound Avenue, in Laurel.
Additional Comments: Please respond to this request by March 1, 2020.
Thank you for your cooperation.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
To:
From:
Date:
Re:
Located:
SCTM#:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
Mark Terry, LWRP Coordinator
Erica Bufkins, Planner
February 12, 2020
Request for Review — Harbes Conservation Subdivision
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
www.southoldtow-rmy.gov
5645 Aldrich Lane, ori the w/s/o of Aldrich Lane, +/- 1,300' south of Sound
Avenue, Laurel.
1000-120.-3-11.15 & 11.16
The Planning Board refers this application to you for your information, comments,
review, and certification, if applicable. The file is available at your convenience.
This proposal is for the creation of the lots for a conservation subdivision Open
Development Area. The proposal is to complete the subdivision of a 22.17 -acre parcel
into 4 lots, where Lots 1-3 are 1.26 -acre residential lots and Lot 4 is 18.38 acres of
preserved land, in the AC Zoning District. The Planning Board approved the Sketch
Plan for this proposal on August 10, 2009, which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a
development area of 3.79 acres. The Town Board approved an Open Development
Area on August 25, 2009, which designated the 3.79 -acre development area for the
future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of
Aldrich Lane +/- 1,300' south of Sound Avenue, in Laurel.
Thank you for your cooperation. Please respond by March 1 2020.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
To:
From:
Date:
Re:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Diane Wilhelm, Riverhead Town Clerk
Erica Bufkins, Planner Oel
February 12, 2020
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
www.southoldtownny. gov
Subdivision Application Review — Harbes ODA Lot Creation
Application: Harbes ODA Lot Creation
Tax Map Number: 1000-120.-3- 11.15 & 11.16
Location: Located 5645 Aldrich Lane, +/- 1,300' south of Sound Avenue
Final Subdivision Map for ODA Lot Creation Dated: 2/13/13
Project Description: This proposal is for the creation of the lots for a conservation subdivision
Open Development Area. The proposal is to complete the subdivision of a 22.17 -acre parcel
into 4 lots, where Lots 1-3 are 1.2.6 -acre residential lots and Lot 4 is 15,33 acres of preserved
land, in the AC Zoning District, The Planning Board approved the Sketch flan for this proposal
on August 10, 2009, which preserved the 15.35 acres on Lot 4 through a sale of development
rights to the Town of Southold., and created a development area of 3.79 acres. The Town Board
approved an Open Development Area on August 25, 2009, which designated the 3.79 -acre
development area for the future creation of residential lots. This parcel is at 5645 Aldrich Lane,
on the w/s/o of Aldrich Lane +/- 1,300" south of Sound Avenue, in Laurel.
Additional Comments: Please respond to this reguest by March 1 2020•
Thank you for your cooperation.
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
To:
From
Date:
Re:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
rJ
Suffolk County Department of Health Services
Erica Bufkins, Planner
February 12, 2020
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
www. s outh o 1 dt ownny. gov
Subdivision Application Review — Harbes ODA Lot Creation
• Request for Comments pursuant to Southold Town Code §280-131
The purpose of this request is to seek comments from your agency. Please provide the
following, as applicable:
1. Comments or requirements the Planning Board should take into consideration while
reviewing the proposed project;
2. Issues of concern you believe should be evaluated;
3. Your jurisdiction in the action described below.
The following page contains information pertaining to the project under review. For further
information, please feel free to contact this office.
Southold Referral February 12, 2020
Project Name: Harbes ODA Lot Creation
Address: Located at 5645 Aldrich Lane, +/- 1,300' south of Sound Avenue, Laurel.
Tax Map #: 1000-120.-3-11.15 & 11.16
Proposal: This proposal is for the creation of the lots for a conservation subdivision
Open Development Area. The proposal is to complete the subdivision of a 22.17 -acre
parcel into 4 lots, where Lots 1-3 are 1.26 -acre residential lots and Lot 4 is 18.38 acres
of preserved land, in the AC Zoning District. The Planning Board approved the Sketch
Plan for this proposal on August 10, 2009, which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a
development area of 3.79 acres. The Town Board approved an Open Development
Area on August 25, 2009, which designated the 3.79 -acre development area for the
future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of
Aldrich Lane +/- 1,300' south of Sound Avenue, in Laurel.
Contact Person: Erica Bufkins, Planner
(631) 765-1938
Enclosures: Environmental Assessment Form
Subdivision Application Form
Subdivision Map(s)
W
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMIORANDUM
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
www. southoldt ownny. gov
To:
Suffolk County Planning Commission —Andrew Freleng, Chief Planner
From:
Erica Bufkins, Planner
Date:
February 12, 2020
Re:
Subdivision Application Review — Harbes ODA Lot Creation
Request for Comments pursuant to Section A14-24, Suffolk County
Administrative Code`
Request for Comments pursuant to General Municipal Law §239 (as a
referral) and Southold Town Code §280-131
The purpose of this request is to seek comments from your agency. Please provide the
following, as applicable:
Comments or requirements from the Suffolk County Planning Commission that the
Southold Planning Board should take into consideration while reviewing the proposed
project;
2. Issues of concern you believe should be evaluated;
The following page contains information pertaining to the project under review. For further
information, please feel free to contact this office.
Southold Town Planning Boas., Page 2 February 12, 2020
Project Name: Harbes ODA Lot Creation
Address: Located at 5645 Aldrich Lane, +/- 1,300' south of Sound Avenue, Laurel.
Tax Map #: 1000-120.-3-11.15 & 11.16
Requested Action: This proposal is for the creation of the lots for a conservation
subdivision Open Development Area. The proposal is to complete the subdivision of a
22.17 -acre parcel into 4 lots, where Lots 1-3 are 1.26 -acre residential lots and Lot 4 is
18.38 acres of preserved land, in the AC Zoning District. The Planning Board approved
the Sketch Plan for this proposal on August 10, 2009, which preserved the 18.38 acres
on Lot 4 through a sale of development rights to the Town of Southold, and created a
development area of 3.79 acres. The Town Board approved an Open Development
Area on August 25, 2009, which designated the 3.79 -acre development area for the
future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of
Aldrich Lane +/- 1,300' south of Sound Avenue, in Laurel.
Contact Person: Erica Bufkins
Planner
Southold Town Planning Board
(631) 765-1938
Enclosures:
Subdivision Application Form
Subdivision Plat
SCPC Referral Submission Cover Sheet
2
Appendix A - County Referral For
Appendix A — Suffolk County Planning Commission Guidebook
Municipality: Southold Town
Hamlet: Southold Local Case Number:
District: 1000 Section: 120 Block: 3 Lot: 11.15 & 11.16 Local Meeting Date:
Application/Action Name: DA Lot C n Public Hearing: Ye Ido
or ComITIT_-.._
Referring—Artenc : T e of Referral SwEQRA Action:
y Draft EIS Positive Declaration
9amm�g Board mission New EAF Final EIS Negative Declaration
Zonis Board rif A Appeals Expansion Lead Agency
9 pp Findings
Town Board/ Village Board of Modification Draft Scope
Trustees
Brief description of application or proposed action:
This proposal is for the creation of the lots for a conservation subdivision Open Development Area. The
proposal is to complete the subdivision of a 22.17 -acre parcel into 4 lots, where Lots 1-3 are 1.26 -acre
residential lots and Lot 4 is 18.38 acres of preserved land, in the AC Zoning District. The Planning Board
approved the Sketch Plan for this proposal on August 10, 2009, which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a development area of 3.79
acres. The Town Board approved an Open Development Area on August 25, 2009, which designated the
3.79 -acre development area for the future creation of residential lots. This parcel is at 5645 Aldrich Lane,
on the w/s/o of Aldrich Lane +/- 1,300' south of Sound Avenue, in Laurel.
Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone, within one
mile of a nuclear power plant or airport or within 500 feet of.
A municipal boundary;
The boundary of any existing or proposed county, state, or federal park or other recreation area;
The right-of-way of any existing or proposed county or state road;
An existing or proposed county drainage channel line;
The Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water,
The boundary of county, state, or federally owned land held or to be held for governmental use;
The boundary of a farm located in an agricultural district.
Comprehensive Plan (Adoption or Amendment)
Zoning Ordinance or Map (Adoption or Amendment)
Code Amendment
Official Map
Moratorium
StJbCjiVlSlh'�n
Use Variance
Area Variance
Special Use Permit/Exception/Conditional Use
Site Plan
Note: The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements
Additional Application Information
Action Previously Referred to Suffolk County Planning Commission 'Peri, No (If yes, Date 7/1[Dl4.19)
- Adjacent Municipality Notified (see NYS GML 239 nn)1r„s.
No
N/A
Located Within Long Island Pine Barrens Zone
No
- Workforce/Affordable Housing
Yes
No
N/A
- Energy Efficiency
Yes
No
N/A
- Zoning Board of Appeals Approval
Yes
No
N/A
Suffolk County Department of Health Approval/Comments
Yes
No
N/A
New York State Dept. of Environmental Conservation ApprovallComments
Yes
No
N/A
New York State/ Suffolk County Dept. of Public Works Approval/Comments
Yes
No
N/A
Suffolk County Sanitary Code Article 6, Groundwater Management Zone -
u li
III
IV V VI VII VIM
M
Municipality: Southold Town
Contact Name: Erica Bufkins, Planner
Phone Number: (631) 765-1938
Applicant: Peter Harbes
Hamlet: Laurel
Department/Agency: Planning Department
Email Address: ericab@ia southoldtownny gov
Contact Name: Charles Cuddy, Esq
WORK SESSION AGENDA
SOUTHOLD TOWN PLANNING BOARD
Monday, February 10, 2020
4:00 p.m.
Southold Town Meeting Hall
3:00 p.m. Executive Session — (Discuss litigation: Elite Towers cell tower in Laurel)
4:00 p.m. Applications
Project Name:
Cell Tower at Laurel Stone J SCTM# � 1000-122-6-35.4
Location:
7055 Route 25, Mattituck
Descry
n tion
p
,., proposed _
This Site Plan is for a 120 tall wireless communication facility
o(cell tower) for one Verizon section 1 10 -120 a.g.l. and two AT&T
for
4 antenna sections 90' - 110' a.g.l. and three (3) empty 10' sections
possible future co -location (all concealed within the pole), along with a
2,500 sq. ft. area for proposed associated ground equipment. There are
±5,078 sq. ft. of existing buildings including a stone supply yard and
associated accessory structures, all on 1.6 acres in the General Business
Zoning District.
_Status ,.
Pending .. , ... .
Action
Review process for settlement
11 -
Project Name Southold Gas Station & Convenience Store
_.. _ ..... _.
Location:
Description
Status,
Action:
45450 CR 48. on the s/w corner of CR 48 and You
-M#. 1000-55-5-2.2
s Avenue, Southold.
This Amended Site Plan is for the proposed conversion of an existing
3,476 sq. ft. building (formerly for vehicle detailing, RV sales and
servicing) to a convenience store and vehicle fuel sales, with: 6 fuel
pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.)
and the other at 50'x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46
acres in the General Business (B) Zoning District.
Pending m...._.... i
Continued Review of Revised Site Plan
Attachments: Staff Report
Project Name: Peter Harbes Open Development SCTM#: 1000-120-3-11.11
Southold Planning Department Staff Report
Subdivision Application Work Session Review
Date
Prepared By:
I. Application Information
Project Title:
Applicant:
Date of Submission
Tax Map Number:
Project Location:
Hamlet:
Zoning District:
II. Description of Project
Type of Subdivision:
Acreage of Project Site
# of Lots Proposed:
III: Action to review
Application History
Re -activate Application
IV: History
February 10, 2020
Erica Bufkins
PETER HARBES ODA — LOT CREATION
P&E LLC c/o Peter Harbes
May 17, 2013
1000-120.-3-11.15 & 11.16
5645 Aldrich Lane, +/- 1,300' south of Sound Avenue
Laurel
AC
Conservation Subdivision/Open Development Area
22.2 acres
4 — 1 preserved, 4 residential
This proposal is for the creation of the lots for a conservation subdivision Open
Development Area. The proposal is to complete the subdivision of a 22.17 -acre parcel
into 4 lots, where Lots 1-3 are 1.26 -acre residential lots and Lot 4 is 18.38 acres of
preserved land, in the AC Zoning District. The Planning Board approved the Sketch
Plan for this proposal on August 10, 2009, which preserved the 18.38 acres on Lot 4
through a sale of development rights to the Town of Southold, and created a
development area of 3.79 acres. The Town Board approved an Open Development
Area on August 25, 2009, which designated the 3.79 -acre development area for the
future creation of residential lots. This parcel is at 5645 Aldrich Lane, on the w/s/o of
Aldrich Lane +/- 1,300' south of Sound Avenue, in Laurel.
All required approvals to create the ODA were granted:
Planning Board Sketch Approval: August 10, 2009 (after a public hearing)
• Referrals were sent to the following agencies for Sketch Plan application:
o LWRP — found consistent August 7, 2009
o Suffolk County Planning Commission —August 6, 2009
Southold Planning Department Staff Report
o Town Engineer — August 6, 2009
--> The applicant petitioned the Town Board for the ODA on August 3, 2009 while the
Sketch Plan application was still being processed by the Planning Board.
Town Board Open Development Area Approval: August 25, 2009 (after a public
hearing)
The Town Board required that the foll)wing Covenants and Restrictions be filed with the
Suffolk County Clerk"s Office:
That a perpetual vegetative buffer shall be established on each lot, as shown on the
map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on
July 2, 2009 between the agricultural use and the residential use properties. The
buffer shall be comprised of evergreen plants of such type, height, spacing and
arrangement a will effectively screen the activity on the residential lot from the
agricultural area. At a minimum, the planting shall consist of a double row of trees 6
feet in height planted at intervals of 10 feet on center.
2. All landscaped areas shall contain indigenous, drought tolerant vegetation in
landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides.
3. All driveways shall be constructed of a pervious material;
4. All residences constructed or located at this site shall include installation of gutters,
leaders and drywells.
SEQRA
• A Negative Declaration for the Unlisted Action was granted the same night
that the ODA was approved.
• The SEQRA determination was made on the following action
o ACTION: the establishment of an Open Development Area consisting
of three lots of approximately 1.26+/- acres per lot and the remaining
18+/- acres to be acquired by the Town using Community Preservation
Funds and subject to a development rights easement.
• Does the Planning Board feel that the application should be reviewed under
SEQRA for the creation of the lots?
The Lot Creation process was begun in 2013, with a Final Plat application, but was
never completed.
At that time the Planning Board decided to waive the Final Plat Public Hearing because
the application was approved in 2009 and had gone through two required hearings
pursuant to the ODA process.
Southold Planning Department Staff Report
V: REVIEW
On August 8, 2013 planning staff wrote thea licant a letter exp[gbing explainingthat the
additional items were re uired to be submitted for the application:
1. Show and label on the map a perpetual vegetative buffer to be comprised of
evergreen plants of such type, height, spacing and arrangement that will effectively
screen the activity on the residential lot from the agricultural area. At minimum, the
planting shall consist of a double row of evergreen trees 6 feet in height planted at
intervals of 10 feet on center.
2. A clause must be added to the recorded C&Rs and filed with the Suffolk County
Clerk to establish that the perpetual vegetative buffer be ensured to survive for 3
years from the date of planting and must be planted by the developer, Peter Harbes,
before each lot is sold. Please submit this clause to the Planning Department for
their review.
a. STAFF: The previously filed covenants and restrictions were filed on January
7, 2010, as required by the Town Board. Amendments to the covenants will
be discussed at a future work session.
3. A Park and Playground fee in the amount of $10,500 (3 lots x $3,500= $10,500) is
required pursuant to §240-53 G.
4. Administration Fee
VI: ANALYSIS
The lot creation application for the ODA will be processed in the same way as a Final
Plat application.
• The Planning Board found the Final Plat application complete on June 3, 2013.
• In 2013, 9 copies of the Final Plat and an application fee were submitted to the
Planning Department with the Final Plat application, which included all required
materials.
The Planninq Board has the ability to ITdetermine if the following items should be waived
or not:mmmmmm
1. Public Hearing
a. There were hearings on the ODA and Sketch Plan applications in 2009.
Southold Planning Department Staff Report
b. This application proposes the creation of the three lots, whereas the
Sketch Plan and ODA reviewed the designation of the development area
for future development.
i. Given the lapse in time, it is recommended that an additional Public
Hearing be held, as the area and adjacent property owners have
changed.
2. Referrals
a. Given the amount of time that has passed since the initial approval on the
application, it is recommended the application be referred to the agencies
below:
i. Town Engineer
ii. Suffolk County Planning Commission
iii. SC Dept of Health Services
3. Additional Materials
a. SEQRA: Does the application need to be reviewed under SEQRA for the
creation of the lots? Is creation of the lots for an ODA a separate action
under SEQRA?
b. LWRP: The Board found the ODA consistent in 2009
i. Would the Board like to require that an updated LWRP form be
submitted and the action of creating the lots reviewed for
consistency?
c. Any additional information to be required by the Planning Board?
VII. Next Steps:
1. Determine whether a hearing is necessary
2. Find the application complete or request additional information
3. Begin reviewing the application after deeming it complete
4. Set the public hearing (if one is required)
4
Bufkins, Erica
From: Bufkins, Erica
Sent: Wednesday, January 15, 2020 4:39 PM
To: 'CharlesCuddy@Optonline.Net'
Subject: RE: Peter Harbes subdivision
Attachments: Harbes Aug 2013.pdf
Hey Charles,
I'm looking to start this application back up at the January 27t" work session for a status update and to review additional
materials that might be necessary due to the lapse in time on the application. We will process the application as a Final
Plat. The required fees were submitted back in 2013.
The covenants and restrictions will have to be amended to include new information, and most specifically add language
for the Vegetated Buffer as required by Aly in her August 2013 letter. I've attached her letter for convenience. I will be in
touch regarding my progress.
Best,
Erica Bufkins
Planner
Southold Town Planning Department
54375 NYS Route 25
P.O. Box 1179
Southold, NY 11971
Phone: 631-765-1938
Email: EricaBPS0Uth9Idtownny.fov
From: Lanza, Heather
Sent: Wednesday, January 08, 2020 9:54 AM
To: Bufkins, Erica
Cc: Terry, Mark
Subject: FW: Peter Harbes subdivision
Erica,
Please review the code about Open Development Areas and this file and then convene a meeting with me, you and
Mark to discuss "lot creation" for this ODA. It will be the first one we have done under this code. This was the first
ODA we did.
Thank you.
Heather
From: Charles Cuddy
Sent: Tuesday, January 07, 2020 10:07 AM
To: Lanza, Heather <,f>
Subject: Peter Harbes subdivision
Heather,
1
You may recall that a number of years ago Peter Harbes submitted a conservation subdivision consisting of three (3)
residential lots and an 18 ac. agriculture preserve for a parcel at Aldrich Lane, Laurel. Mr. Harbes is obtaining health
department approval and desires to complete this Open Development Subdivision. The last communications I have is the
attached.
Could you provide me with a timeline indicating what remains to be completed in order to obtain final approval.
Charles R. Cuddy
Attorney at Law
445 Griffing Avenue
Riverhead, New York 11901
631-369-8200
631-369-9080 fax
m I� rr k, SC-inn.i..k,�C�r�u�� _�nflno.rneL
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
Bufkins, Erica
From: Lanza, Heather
Sent: Wednesday, January 08, 2020 9:54 AM
To: Bufkins, Erica
Cc: Terry, Mark
Subject: FW: Peter Harbes subdivision
Attachments: D00010720-01072020100502.pdf
Erica,
Please review the code about Open Development Areas and this file and then convene a meeting with me, you and
Mark to discuss "lot creation" for this ODA. It will be the first one we have done under this code. This was the first
ODA we did.
Thank you. �J * - — �
Heather � U u�
From: Charles Cuddy �.d��r��ita hwari��,::�g,:9m�ua7inAt�wlCrtr��r��)
Sent: Tuesday, January 07, 2020 10:07 AM
To: Lanza, Heather<a� �� i u�: liar r:��.kf� a ergs olj [w(i lni �I >
Subject: Peter Harbes subdivision
Heather,
( 0 &
You may recall that a number of years ago Peter Harbes submitted a conservation subdivision consisting of three (3)
residential lots and an 18 ac. agriculture preserve for a parcel at Aldrich Lane, Laurel. Mr. Harbes is obtaining health
department approval and desires to complete this Open Development Subdivision. The last communications I have is the
attached.
Could you provide me with a timeline indicating what remains to be completed in order to obtain final approval.
Charles R. Cuddy
Attorney at Law
445 Griffing Avenue
Riverhead, New York 11901
631-369-8200
631-369-9080 fax
charlesc ddk;l,,iyd, ,�t_n �7..�;�.i�gt
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
1
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
PIERCE RAFFERTY
JAMES H. RICH III
MARTIN H. SIDOR
August 8, 2013
Charles R. Cuddy, Esq,
P.O. Box 1547
Riverhead, NY 11901
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
Re: Proposed Conservation Subdivision for P & E, LLC c/o Peter Harbes
Located at 5465 Aldrich Lane, Laurel
SCTM#1000-120-3-11.11 Zoning District: A -C
Dear Mr. Cuddy:
The Planning Board reviewed the above -referenced application at their August 5, 2013 Work
Session and found the following:
1. Show and label on the map a perpetual vegetative buffer to be comprised of evergreen
plants of such type, height, spacing and arrangement that will effectively screen the activity
on the residential lot from the agricultural area. At a minimum, the planting shall consist of a
double row of evergreen trees 6 feet in height planted at intervals of 10 feet on center.
2. A clause must be added to the recorded C&Rs and filed with the Suffolk County Clerk to
establish that the perpetual vegetative buffer be ensured to survive for 3 years from the date
of planting and must be planted by the developer, Peter Harbes, before each lot is sold.
Please submit this clause to the Planning Department for review.
3. A Park and Playground Fee is required pursuant to §240-53 G. in the amount of $10,500.00
(3 lots x $3,500.00 = $10,500.00).
Please keep in mind that if a bond is not required for the subdivision, an Administration Fee in
the amount of $2,000.00 per new lot created pursuant to §240-37 of the Southold Town Code is
required. Instead, consider having the Planning Board require that the vegetative buffer be
bonded. The total cost of the bonded vegetative buffer and the Administration Fee (6% of the
Bond Estimate) might be more cost efficient for the applicant.
If you have any further questions, please do not hesitate to contact this office for assistance.
Very truly yours,
Alyxandra Sabatino
Planner
WORK SESSION AGENDA
SOUTHOLD TOWN PLANNING BOARD
Monday, August 5, 2013
4:00 p.m.
Southold Town Meeting Hall
Project Name:
Location:
Description
Status:
Action:
Attachments
Attachments* Engineering Inspector's Comments
I Proiect name:
I
Mill Creek Preserve SCTM#: 1 1000-56-1 -11.1
11 11 I I . . . ............. . .... ...
_11,64025 -Main
Loc atiom
Southo I d
Road, 2640 Long Cre4_Drive,
Description:
I This approved application subdivided a 79.71 acre parcel into 6
residential lots where Lot 1 equals 138,177 sq. ft.; Lot 2 equals 87,939
sq. ft.; Lot 3 equals 111,690 sq. ft.; Lot 4 equals 64,469 sq. ft.; Lot 5
equals 45.58 acres, inclusive of 44.38 acres upon which Development
Rights have been sold, and a 1.19 acre building envelope; Lot 6 equals
23.61 acres, inclusive of 22.23 acres upon which Development Rights
1 have been sold, and a 1.37 acre building envelope. The total area of
. .s: .... ...
Development Rights sold to the County of Suffolk equals 50.87 acres.
..........
Status:
Approved
Action:
..... .. . -------- ...
Review Engineering Inspector's comments.
Attachments,
11 11 - __ , - -1
Engineerinci Inspector's Comments; Staff Report
1 1_ 11 11 I'll, T I— . . ........ .. ...
Soul, old Planning Department Star Report
Subdivision Application Work Session Review
Date
Prepared By:
I. Application Information
Project Title:
Applicant:
Date of Submission
Tax Map Number:
Project Location:
Hamlet:
Zoning District:
II. Description of Project
Type of Subdivision:
Acreage of Project Site:
# of Lots Proposed:
8-5-13
Aly Sabatino
Peter Harbes
P&E LLC c/o Peter Harbes
May 17, 2013
1000-120-3-11.11
5645 Aldrich Lane
Laurel
AC
Conservation Subdivision
22.2 acres
4
III: Action to review
Referral & Planning Comments Review
IV: Analysis
o This proposal is to create 4 lots as approved by the Town Board though an Open
Development Area. This subdivision is a 80/60 conservation subdivision on
22.2acres:
• 18.38 acres have been preserved through a sale of development rights to the
Town of Southold. This preserved area is a flag lot with the flag for access
extending to Aldrich Lane.
• 3.79 acres were set aside to be developed in the future with three residential lots
ranging in sizes of 1.27 acres to 1.26 acres.
o All re uired approvals to create the ODA were ranted:.
Sketch Approval: August 10, 2009
ODA approved by Town Board resolution August 25, 2009 which includes a
Negative Declaration.
o The Planning Board decided to waive the Final Public Hearing at their June 3, 2013
work session because the application was approved in 2009 and went through two
required hearings pursuant to the ODA process. The waiver will be formalized by
resolution together with the determination resolution on the Final Plat.
o To date, the applicant has not yet received Health Department approval.
Sout, old Planning Department Sta, , Report
Covenants and Restrictions place on the proper that state:
1. That a perpetual vegetative buffer shall be established one each lot, as shown on
the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised
on July 2, 2009 between the agricultural use and the residential use properties. The
buffer shall be comprised of evergreen plants of such type, height, spacing and
arrangement a will effectively screen the activity on the residential lot from the
agricultural area. At a minimum, the planting shall consist of a double row of trees 6
feet in height planted at intervals of 10 feet on center.
2. All landscaped areas shall contain indigenous, drought tolerant vegetation in
landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides.
3. All driveways shall be constructed of a pervious material.
4. All residences constructed or located at this site shall include installation of gutters,
leaders and drywells.
Mattituck Fire District Referral:
The Board of Fire Commissioners recommends that all drives and entry ways meet
Southold Town Code (280-109c).
V: Staff Recommendations
As pertains to the subdivision, the entry ways meet Southold Town Code and all
future driveways will be required to meet Town Code as part of their building
permits, therefore recommend accepting the Fire District's comments.
2. Recommend that a perpetual vegetative buffer be shown and labeled on the map to
be comprised of evergreen plants of such type, height, spacing and arrangement
that will effectively screen the activity on the residential lot from the agricultural area,
At a minimum the planting shall consist of a double row of evergreen trees 6 feet in
height planted at intervals of 10 feet on center.
3. Recommend an additional clause be added to the recorded C&Rs and filed with the
Suffolk County Clerk to establish that the perpetual vegetative buffer be ensured to
survive for 3 years from the date of planting and must be planted by the developer,
Peter Harbes before each lot is sold.
4. Recommend bonding the required perpetual vegetative buffer. This bond will insure
that the buffer will be built as required. An administration fee in the amount of 6% of
the bond estimate is required.
5. Required Park and Playground fee pursuant to § 240-53 G. in the amount of
$10,500 (3 lots x $3,500= $10,500).
2
CHARTEs R.CUDDY
ATTORNE,'Y Kr LAW
445G0._IF1C'IN8.:UAVENUE
RIVERHEAD, NEW YORK
June 26, 2013
P.O. Box 1547
Riverlicad, NY 11901
Alyxandra Sabatino, Town Planner
Town of Southold Planning Department
P.O. Box 1179
Southold, New York 11971
PPS, k.KTt AS
TEL (630,-369-8a)O
FAY. � (631.) 369 90K)
E-ma1 cli.ar�.e,,c,,,ddy@,,e,,iz)9a.net,
Re: Conservation Subdivision
Premises: 5655 Aldrich Lane, Laurel, New York
SCTM # 1000-120-3-41.11
AA 2 82,013
Dear Ms. Sabatino:
In accordance with your letter of June 4, 2013, enclosed please find a c '661,"'inflie sum of $500."00
representing payment of the final application fee.
Very truly yours,
Charles R. Cuddy
CRC:ik
FBIAA- �,
M TTITUCK FIRE DISTRIV -��
PO BOX 666, PIKE STREET
MATTITUCK, NEW YORK 11952-0666
Commissioners
Lloyd H. Relsenberg, Chairman John C. Harrison, Secretary
Barbara Dickerson, Treasurer
Warren W. Jackson, Vice Chairman
David F. Haas
William G. Young
Greg Dickerson
June 14, 2013
Southold Town Planning Board
Attn: Alyxandra Sabatino
P0Box 1179
Southold, NY 11971
Re: Peter Harbes Conservation Subdivision
SCTM#: 1000-120-3-11.1
Dear Ms. Sabatino;
The Board of Fire Commissioners of the Mattituck Fire District reviewed the above
mentioned conservation subdivision at their regular meeting on June 11th, 2013; with the
purpose to answer your questions.
The Board of Fire Commissioners recommends that all drives and entry ways meet
Southold Town Code (280-1.09c).
If you require any additional information please do not hesitate to contact me.
Sincerely,
r�
John C. Harrison
Secretary/Fire District Manager
cc: Board of Fire Commissioners
Chief
Office (631) 298-8837 Facsimile (631) 298-8841
ATT O1< N EY A'T 7,AW
445 GRI FFTL,TG AVENUE
,ryry
�47WIyy
IN56 A4 h NC°,t *j„�
RO, Box 11547
Riverlicad, NY 1-1,901
Alyxandra Sabatino, Town Planner
Town of Southold Planning Department
P.O. Box 1179
Southold, New York 11971
June 10, 2013
Re: Conservation Subdivision
Premises: 5655 Aldrich Lane, Laurel, New York
SCTM # 1000-120-3--11.11
Dear Ms. Sabatino:
TE.>C..,r (6::33) 369...b....
FAX� (631)369--9080
)F;ruuAc uaa.m as.r.,ury
JUN 122013
As requested, enclosed please find six (6) additional prints of the Final Plat.
Very truly yours,
�� yr
Charles R. Cuddy`'
CRC:ik
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
PIERCE RAFFERTY
JAMES H. RICH III
MARTIN H. SIDOR
June 6, 2013
Mr. John C. Harrison
Mattituck Fire District
P.O. Box 666
Mattituck, NY 11952
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: 631765-1938
Fax: 631 765-3136
Re: Request for Review on Peter Harbes Conservation Subdivision
SCTM#1000-120-3-11.1
Dear Mr. Harrison:
The enclosed subdivision application is being referred to you for your comment on
matters of interest to the fire department, including fire department equipment access,
emergency services, and any other issue that may be of concern or relevance to this
application.
Please respond with your recommendations at your earliest convenience.
•
I M-1-01 MOS �11 MINE
of Southold purchased the Development Rights for the purpose of farmland
preservaon,
Please contact me at (631)765-1938 if you have any questions.
Thank you for your cooperation.
Sincerely,
ok'�
Alyxandra Sabatino
Planner
Encls.: Subdivision Application
Subdivision Plat
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
PIERCE RAFFERTY
JAMES H. RICH III
MARTIN H. SIDOR
June 4, 2013
Charles R. Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
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: 631765-1938
Fax: 631 765-3136
Re: Proposed Conservation Subdivision for P & E, LLC c/o Peter Harbes
Located at 5465 Aldrich Lane, Laurel
SCTM#1000-120-3-11.11 Zoning District: A -C
Dear Mr. Cuddy:
The Planning Board has reviewed the above -referenced application at their June 3
Work Session and found the application complete with the following item to be
submitted immediately:
a) An Application Fee in the amount of $500.00. The applicant has already paid the
per -lot fee of $350.00. each at the time of Sketch Plan, which was not required
pursuant to §240-8 Fees. This previously paid fee will be carried forward as the
per lot fee required to create the ODA lots.
This application was approved in 2009 and went through two required hearings
pursuant to the ODA process. Due to this fact, the Planning Board has agreed to waive
the Final Public Hearing.
Please keep in mind that if a bond is not required for the subdivision, an Administration
Fee in the amount of $2,000.00 per new lot created pursuant to §240-37 of the Southold
Town Code is required. Instead, consider having the Planning Board require bonded
street trees because the total cost of the bond and the Administration Fee (6% of the
Bond Estimate) might be more cost efficient for the applicant.
If you have any further questions, please do not hesitate to contact this office for
assistance.
Very truly yours,
oj'� &J-IDC�
Alyxandra Sabatino
Planner
WORK SESSION AGENDA
SOUTHOLD TOWN PLANNING BOARD
Monday, June 3, 2013
4:00 p.m.
Southold Town Meeting Hall
2:30 p.m. Special Executive Session re: Legal Advice — Annex Board Room
4:00 p.m. Applications — Town Meeting Hall
5:30 p.m. Review Public Meeting Agenda
Applications:
[Pro J name....
s Sound FerrySCTM#
Gros...
1000 15-9 10 1
1 3 5
I Location:
,......... _. ................ . �..15
NYS Route 25, Orient
Description
Submitted existing conditions survey of the entire site
m_....._ __ _. ........ _.....
Status,
Pre -submission
F
.....
Action:
Applicant's agent to discuss what is to be included in the amended si to
plan application required by the Planning Board
Attachments:
None
Project name:
PeterHres O en Develent SCTM# 1000 120-3 11 .11
abom
Area — Lot Cre ation ._ . _
Location-
Aldrich Lane, Laurel N .. ,,.
�
�
Description:
p
Thisproposed conservation
p p n subdivision is to subdivide a 22.1659 -acre
parcel into 4 lots, one of which the Town of Southold purchased the
... ..
Development Rights over 18 acres for farmland preservation. ._ _
Status:
New Application _ _
_.....
Action:
m .
Re...
Review fo.r Final Plat completeness
Attachments.
Staff Report
Pro ject name:
Carbone &Horse Head Corp.SCTM# 111-11 100 0125
Location
5671 & 6227 Castle Road, Fishers Island
Descri tion.m@ T
p
This ro osed Lot Line Chan a will tr
p p g ansfer 0.4 acres from SCTM#1000-
1-2-6 to SCTM#1000-1-2-5. Lot 5 is located in the R-120 Zoning District
& will increase from 3.2 acres to 3.6 acres and Lot 6 is located in the R-
120 will decrease from 3 4 acres to 3 acres
Zonin District &
120..... ... _ . _ �.� ®.m..� .... _. n....,._ .�..� .�...„ .. ,,... .
Status:
1. New Application
Action:
Review for completeness ...
Attachments:
_... _
(Staff -11111 111 -Report
Discussion:
❖ Draft Proposal for Planning Board Required Annual Training
Souti,old Planning Department Sta.. Report
Subdivision Application Work Session Review
Date
Prepared By:
I. Application Information
Project Title:
Applicant:
Date of Submission
Tax Map Number:
Project Location:
Hamlet:
Zoning District:
II. Description of Project
Type of Subdivision:
Acreage of Project Site
# of Lots Proposed:
6-3-13
Aly Sabatino
Peter Harbes
P&E LLC c/o Peter Harbes
May 17, 2013
1000-120-3-11.11
5645 Aldrich Lane
Laurel
AC
Conservation Subdivision
22.1659 acres
4
III: Action to review
Review ODA Final Plat Application Completeness.
IV: Analysis
o This proposal is to create 4 lots as approved by the Town Board though an Open
Development Area. This subdivision is a 80/60 conservation subdivision on 22.1659
acres:
18.38 acres have been preserved through a sale of development rights to the
Town of Southold.
• 3.79 acres were set aside to be developed in the future with three residential lots
ranging in sizes of 1.27 acres to 1.26 acres.
o All required approvals to create the ODA were ranted:
Sketch Approval: August 10, 2009
ODA approved by Town Board resolution August 25, 2009 which includes a
Negative Declaration.
o Pursuant to 240-30 Creation of lots: In order to create any lot(s) within a filed ODA
subdivision, the property owner shall submit the following items to the Planning
Board office:
(1) Petition to implement the ODA.
a. Submitted on April 15, 2013.
(2) Twelve paper copies of the ODA showing the location and dimensions of the
proposed lot(s), in accordance with the approved ODA map.
Soutt.old Planning Department Sta.. Report
a. Submitted6 prints.
(3) Five paper copies of preliminary road and drainage plans.
a. None submitted. All lots are proposed to have access off of Aldrich Lane
and as per the Office of the Town Engineer referral comments dated
August 6, 2009 "The three residential lots will be providing drainage plans
when building permits are filed. Therefore, it will not be necessary to
address drainage plans for future residential construction."
(4) Fee.
a. None submitted.
V: Staff Recommendations
1. ODA fee discussion:
This application is the first ODA lot creation application the Planning Department has
processed. The Town Code relating to this is not entirely clear on how an application to
create ODA lots should be processed. After reviewing what is necessary to create a
subdivision map that can be filed as such with the County Clerk, we found that the
process is essentially the same as the Final Plat Application process because an ODA
is basically a conservation subdivision that is delayed in time. All the same steps must
be taken, including bond estimates, road and drainage plans and referring out to
agencies.
The question is whether we charge a Final Plat application fee or not. We are
recommending we do charge the Final Plat application fee and follow the Final Plat
application process in the code.
Subdivision Classification Fee Fe Application p ' e Per Buildable
Lot
Conservation Subdivision
Sketch and Final Plat $500 $350
Sketch and open development map $500 ------
Creation of lot within ODA ma ------ $350
As shown above, the code does not specifically state that a final plat application fee
must be charged for the "creation of lot within ODA map". However, it does show a
fee per buildable lot.
Another code section, 240-6, lists the submission requirements for all subdivision
applications. It does not have a separate section for ODA lot creation application
requirements, and by this omission, we can infer that the Final Plat Application
process should be followed for ODA lot creation.
2
Soutv.old Planning Department Sta.. Report
At this time we are processing this as a final plat application which includes a final
plat application fee in the amount of $500. If a final plat application fee isn't charged,
we need to create a new ODA final plat application form and the applicant will need
to fill that out instead.
2. Find the application complete with the condition that the following must be submitted
immediately:
a) An application fee in the amount of $500. The applicant has already paid the per -
lot fee of $350 each at the time of Sketch Plan, which wasn't technically required,
so we are recommending it be carried forward as the per lot fee required to
create the ODA lots. However, the final plat application fee of $500 is still
required.
b) If the Board decides that an ODA final plat application is needed- submission of
an ODA Final Plat application.
c) Proof as per a condition of the Town Board ODA approval resolution #2009-731
that the required covenants and restrictions have been filled with the Suffolk
County Clerk.
3. Recommend referring out to applicable agencies for review. (- SEQRA was done by
the Town Board ODA approval process and it was an unlisted action. The agent is
currently seeking Health Department Approval)
4. Recommend waiving the Public Hearing for this application. In a Conservation
Subdivision a hearing would be held at the Final Plat stage. However, this
application was approved in 2009 and went through two required hearings pursuant
to the ODA process. It is recommended that the Planning Board in the future decide
on a case by case basis on the need for a final hearing for the creation of lots from
an ODA.
5. If a bond is not required for the subdivision an administration fee in the amount of
$2,000 per new lot created pursuant to §240-37 of the Southold Town Code is
required. Consider instead requiring a bond (example bonded street trees) because
the total cost of the bond and the administration fee (6% of the bond estimate) might
save the applicant money.
CHALES R.CUDDY
N11"'(DR.NIFY ATLAW
R111VI-ERHEA 1), N ENWYORK
E0, Box 1.547
Riverlicacl, NY 1.1901
Alyxandra Sabatino, Town Planner
Town of Southold Planning Department
P.O. Box 1179
Southold, New York 11971
May 31, 2013
Re: Conservation Subdivision
Premises: 5655 Aldrich Lane, Laurel, New York
SCTM N 1000-120-3-11.11
Dear Ms. Sabatino:
TEL: (631) 369-8200
FAX (631) 369--9080
E-mail: cliarles.cuddy@verizon..net
Pursuant to your request, enclosed please find the Declaration of Covenants and Restrictions
recorded with the Suffolk County Clerk on January 7, 2010 at Liber D00012612 Page 196.
Very truly yours,
Charles R. Cuddy
CRC:ik
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
Number of Pages:
4
Recorded: 01/07/2010
Receipt Number :
10-0002177
At: 02:13:05 PM
LIBER: D00012612
District:S
ection:
PAGE: 196
1000
120.00
Block:
Lot:
Received the Following
FeeslFor
03.00 011.015
AND HInstDument AS FOLLOWS
Above
Page/Filing
$20.00
Exempt
NO
Exempt
COE
$5.00
Handling
NO
$20.00 NO
TP -584
$0.00
NYS SRCHG
NO
$15.00 NO
Cert -Copies
$5.00
Notation
$0.00 NO
NO RPT
$50.00 NO
THIS PAGE IS
Fees Paid $115.00
A PART OF THE INSTRUMENT
THIS
IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
CUARLES R. CUDDY
ATTORNI Y A.TLIN
446� GRIFFING AV ENUE
RIVEIR.HLIAD,NEW YORK
P.O. Box: 1'547
River6ad, NY 11-901.
Alyxandra Sabatino, Town Planner
Town of Southold Planning Department
P.O. Box 1179
Southold, New York 11971
Re: Conservation Subdivision
May 17, 2013
Premises: 5655 Aldrich Lane, Laurel, New York
SCTM # 1000-120-3-11.11
Dear Ms. Sabatino:
TEL: (631)369-
F :
631)369 -FAX: (631) 369-9080
E-mail.: charIcs.cuddy@verizon..n.et
Supplementing our prior submission of the final subdivision map, enclosed please find an application
for the Final Plat Approval. Please proceed with review of this subdivision.
Very truly yours,
Charles R. Cuddy
CRC:ik
Page 1 of 1
Sabatino, Alyxandra K.
From: Sabatino, Alyxandra K.
Sent: Thursday, May 02, 2013 10:08 AM
To: 'Charles.Cuddy@Verizon.Net'
Subject: Conservation Subdivision of Peter Harbes
Good Afternoon Charles,
As requested in your letter received April 15, 2013 regarding the Conservation Subdivision of Peter
Harbes, a Final Plat application is required to process this application. If you have any questions or need
additional details, please let me know.
Thanks,
Aly
Alyxandra K. Sabatino
Southold Town Planning Department
53095 Route 25
P.O. Box 1179
Southold, NY 11971
Phone: (631)765-1938
5/2/2013
P,0, Box I E.547
R.1-verficasl,. SAY 1, 1901
CHARLES R.. CUDDY
AT' IORNE>,YAu'L n
GLV\13,RIIui,A1),NIM YORK
April 11, 2013
Alyxandra Sabatino, Town Planner
Town of Southold Planning Department
P.O. Box 1179 ��J 11 152U"
.
Southold, NewYork 11971
Re: Conservation Subdivision
Premises: 5655 Aldrich Lane, Laurel, New York
SCTM # 1000-120-3--11.11
Dear Ms. Sabatino:
"r' L: (631) 369--8200
FAX: (63:1.) 369-9080
E-mail: charley.cUridy@ver:izon.neE
We are enclosing six (6) prints of the Final Plat of the Conservation Subdivision of Peter Harbes.
You will recall that this site was an Open Development Area with lots 1, 2, and 3 as residential lots
as shown on the map filed with the Suffolk County Clerk on March 5, 2010, as Miscellaneous Map
#A-703.
We would like to proceed with final approval and we are in the process of obtaining health
department approval. At this point, do we need to prepare a final application?
Very truly yours,
Charles R. Cuddy
CRC:ik
SOUTHOLD PLANNING BOARD
Subdivision Application Form - Final Plat Approval
APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL
PLAT APPROVAL for the subdivision described herein.
1. Name of Subdivision Conservation subdivision Peter Harbes
2. Suffolk County Tax Map # 1000-120-3-11.11
3. Hamlet
4. Street Location
5. Zoning District
6. Date of Submission
7. Sketch Plan Approval Date
Laurel
5645 Aldrich Lane, Laurel
A—C
May 17, 2013
w
M AY 2 1 2W3
August 10, 2009
8. Preliminary Approval Date Open Development Map filed on 3/5/10, 1!1apvA-703
9. Number of Lots Proposed 4 lots
10. Acreage of Open Space/Reserved Area 18.3779 ac.
11, Affordable Housing Units Proposed N/A
12. Percentage of Affordable Housing N/A
13. If providing less than 20% Moderate Income Family Dwelling Units (MIFDU), please
indicate how the property owner intends on satisfying the Affordable Housing
requirement pursuant to §240-10 B(2)(c) of the Town Code.
Sketch
14, Does the Final Plat conform substantially to the approved PA : ' Plat? If not, please
explain the differences.
15. Application prepared by [ ] owner �K] agent [ ] other
Signature of Prepares ` Date
Final PlatApplication Form
PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
PIERCE RAFFERTY
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Accounting
From: Planning Department
Date: June 28, 2013
Re: Check
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
The Conservation Subdivision Final Plat application referenced below has been
accepted by the Planning Board and the attached check may be processed to
the Planning Applications revenue account B.2115.10.
Thank you.
Project Name & Type Tax Ma # i Amount _......
J Yp p
Check Date &
Number
Harbes Conservation Subdivision; 120-3-11.11 $500.00 6/20/13-#21710
Final Plata plication fee
21710
on p 17 inn i_n a iLnCCC4im nr-nnn 3r -❑❑:t -g.