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Home My WebLink AboutCARDINALE, ALAN TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert I. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1 $92 Fax (5 ! 6) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: Bennnett Orlowski, Jr. Chairman, Planning Board John M. Bredemeyer, III .~, President, Board of Trustees~C~ Covenants and Restrictions for Alan Cardinale, James Creek SCTM 91000-122-3-14 I reviewed your memo of August 28, 1991 with the Trustees at our October 3, 1991 meeting and offer the following: The Board of Trustees agree with the Planning Board that paragraph 3F Should be removed. I stand corrected and in the minority as the only member on the Board which has no problem with this section. The Board is not prepared to make a general statement as to an owners right "required protective structures". They believe in a case by case review of these matters. Since the site in question is considered "stable", they foresee no practical need for this language. I am not sure if Mr. Cardinale's fears will be assuaged by the fact that the bog and wetlands at the lead of creek such as this will likely be stable over geological times, but this is nevertheless, the expectation of the Board. With respect to paragraph number 13, the Board has not recently discussed this at length, but has long agreed that language on fertilizers is very difficult if not entirely unenforceable. Possibly the owners would wish to consider language clarifying plants species not requiring large amounts of fertilizer such as "lawns of rescue or similar grasses" and landscaping plants of indigenous species such as bayberry, rhododendrons etc." I believe the Board is comfortable with any reasonable language which will discourage the "chem lawn" approach to landscaping. TRUSTEES John M. Bredemeyer, III, Presidem Henry P~ Smith, Vice President Albert J: Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 January 28, 1991 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is application No. p/o 122-3-14 Lot ~3 for a wetland application submitted by John Geideman on behalf of Alan Cardinale. Please note that this property is not subdivided and we will not grant any approvals until such time that it is given the proper Planning Board approvals. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: jt TRUSTEES John M. Bredemeyer, Ill, President Henry P. Smith. Vice President Albert 3. Kmpski. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supei'visor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 7, 1990 TO: FROM: RE: Planning Board John Bredemeyer, President//~? Alan Cardinale subdivision After the Trustees inspected the above-referenced site on 9/6/90, I informed Mr. Alan Cardinale, Jr. (,project manager) that the Board would not entertain a waiver or permit for those activities which have taken place on site within 75' of the wetlands. As a result, he has agreed~to remove all fill within 75' of the wetland line as depicted on his pending subdivision map. Since the activities on site clearly intercept and violate the intent and spirit of the pending C & R's before the Planning Board, this office requests continued suspension of any Planning Board action until the matter is cleared. In light of this violation and the intensity of land use already' commencing on site, the Trustee Office requests the Planning Board to consider an additional C & R prohibiting all managed turf and fertilizer requiring plantings on the entirety of Lots 1, 2, 3, and on the R-80 zoned portion of Lot 4. If the applicant can not abide by this request, I will ask the Trustees and the CAC to formally request the Planning Board to rescind its negative declaration pursuant to $.EQ.R.A. The violation will be cleared to the satisfaction of the Trustees with the guidance of the Town Attorney and any additional inspections necessary being made by the Trustees or Bay Constable. cc: Town Attorney Bay Constable Building Department CAC Trustees PLANNING BOARD MEMBERS Bennett Odowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 7654938 PLANNING BOARD OFFICE · TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P:O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 1, 1991 Alan A. Cardinale P.O. Box 77 Mattituck Shopping Center Mattituck, New York 11952 RE: Proposed Subdivision for Alan Cardinale SCTM~ 1000-122-3-1.4 Dear Mr. Cardinale: Enclosed please find a copy of a report from John Bredemeyer, President of the Board of Trustees. The Planning Board requests that you revise the Declaration of Covenants and Restrictions as per the report. Please submit a revised Declaration of Covenants and Restrictions to this office. Upon approval of the draft by the Planning Board and the Town Attorney, the document must be filed in the office of the County Clerk prior to endorsement of the subdivision. The following must also be submitted prior to the endorsement of the subdivision: 1. A filed copy of the Declaration of Covenants and Restrictions. Final subdivision maps (5 paper and 2 mylars) all containing the following: A. A current stamp of Health Department approval. B. The Liber and Page number of the filed Declaration of Covenants and Restrictions. 3. Five (5) copies of the final Road and Drainage Plan. ~lease contact this office if you have any questions regarding the above. Very trul~oyrs, ~ _ Chairman enc. cc: John Bredemeyer / PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall; 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 Fax (516) 765-1823 TO: FROM: DATE: RE: John Bredemeyer, III President, Board of Trustees Bennett Orlowski, Jr. ~O~../ Chairman /~/~ August 28, 1991 Covenants and Restrictions for Alan Cardinale James Creek SCTM$ 1000-122-3-14 [ OtlTH{ Enclosed please find a letter from Philip Cardinale regarding the above mentioned draft covenants and restrictions. Mr. Cardinale refers to a conversation he had with you in reference to some changes the Planning Board had requested. Please verify, in writing, if you agree with the content of Mr. Cardinale's letter. I have enclosed the following for your convenience: Mr. Cardinale's letter dated August 21, 1991, and the revised covenants and restrictions; The Planning Board's letter dated March 26, 1991, requesting revisions to the draft covenants and restrictions; The outdated draft covenants and restrictions dated December 28, 1990; 4. The Trustees report dated September 7, 1990. In responding, please consider the following concerns of the Planning Board: In reference to 93(f): Does this not contradict the intent of the restrictions? The Planning Board has restricted development within 75' the wetland edge in order to eliminate need for such structures as bulkheads. of Page 2 Alan Cardinale In reference to %13: How will this be enforced? Who will determine "species acknowledged to require large amounts of fertilizers"? Would not a restriction prohibiting all plants requiring fertilizer be more enforceable? eric o TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B; Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 APPLICATION IS HEREBY MADE TO THE TOWN TRUSTEES, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FORT HE ISSUANCE OF A PERMIT PURSUANT TOT HE LAWS, ORDINANCES AND REGULATIONS GOVERNING THE COASTAL AND INTERIOR WETLANDS, FLOOD PLAINS AND DRAINAGE AREAS OF SOUTHOLD TOWN, AND THE ISSUANCE OF PERMITS PURSUANT TO CHAPTER 32 OF THE CODE OF THE TOWN OF SOUTHOLD. APPLICATION NO. APPLICANT'S NAME: MAILING ADDRESS: DATE LOCATION OF PROPERTY F~R REQUESTED PE~IT: . TAX MAP NO: 1000- CREEK, BAY OR HARBOR FRONTING PROPERTY: SIZE ,dF PROPOSED WORK: LENGTE~ WIDTH: YDS. TO BE EXCAVATED: /~-~ YDS. TO BE FILLED: MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED: WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: DEPTH AT LOW TI~E: DISTANCE TO NEAREST CHANNEL: AVER. RISE IN TIDE: ~ ap DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS AREA ZONING: f~~S PROJECT FOR PRIVATE OR BUS. INTENDED USE OF PROPERTY: DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES: USE: HAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE, OR DEPOSIT FILL ON SAID PREMISES: ~ HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL AGENCY: ~ DESCRIBE FULLY THE REHABILITATION OF PROPERTY: DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: INCLUDE ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT THIS PROJECT: ~ WRITTEN CONSENT OF OWNER IF NOT THE SANE AS APPLICANT: : 617-21'~--: SEQR · Appendix C State Environmental Quality Review .~ SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ~ '" 2- PROJECT NA E 4. PRECISE LOCATION (~treet address and road in~ersecti0ns, prominent landmarks, etc., o~providefm~'~ ,- 5. IS PROPOSED ACTION: ~New []Expansion [~Mod[Bcation/alteration ' ' 7. AMOUNT OF LAND AFFECTED: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~,Yes NO If NO, describe briefly 9, WHAT l$ PRESENT LAHD USE iN VICINITY OF PROJECT? ~esidential [] !ndustrial [] Commercial [] Agriculture [] park/Forest/Open space Describe: [] Other . 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING,.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~es []NO I, ye~.,*stagency(s) a.dpe,mitlapprovals 11. DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? U Yes J~Ho If yes, list agency n~me and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT.THE INFORMATION PROVIDED ABOVE tS TRUE TO THE BEST OF MY KNOWLEDGE / / // .., the action is in tho Coastal Area, and you are a stato agency, oompleto tho Coastal Assessment Form belor~ proceeding with thiB assassmont OVER 1 '~4~i' H--~;qVIRO,NMENTAL ASSESSMENT (To be completed by Agency) _ A. DOES ACTION EXCEED ANY T'f ' I THRESHOLD IN 6 NYCRR, PART 617.127 Ii ye'. ~rdinale the review proce~ and u~e the EU~I.L [] Yes [] No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR, PART 6t 7.§? If No, a negative declaration may be superseded by Another involved agency. [] Yes [] ~o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quanlity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified In C~i-CS? Explain briefly, C7. Other impacts (incl[~ding changes in use of either quantity or type of energy)? Explain briefly. O. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO If Yes, explain briefly PART IIi--DETERMINATION OF SIGNIFICANCE ~'ro be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial large, important or otherwise significant. Each effect should be assessed in connection with its fa) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and aoecluately addressed. [] Check this POX if you have identified one or more ootentially large or significant edverae impacts which MAY occur. Then proceed directly [o the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis aoove and any supporting documentation, that the proposed action WILL NOT result in any significant aOverse enwronmental impacts AND provide on attachments as necessary, the reasons supporting this determination: D~lttt -EYP2 C'D_L .,?/ "- ~. ~_ "~ ~' ,/ " '" %~ ~1 ~ Itl, . ~/ ~ "/ ........ / ~ ~ 'lip ~~/~.,~, . . .... /- ~i",--- .... 42. ~~~_ I .u. ~ -~o/~ -~;Ivll 'l~larine JOHN H. GEIDEMAN Consulting Engineer (5)6) 477-2421 P.O. Box 416 E. Marion, L. I New York 11939 To Whom It May Conce-n~ ~,~ uthor I me *John H. Geideman to construct a on my property at Includfng:~X'N.Y.S Dept. of EtlvlPonhlent81 Co~]serv0t[on ~fU. S.- Army Corps of' EnEIneers ~ ~J,Y, £~¢e L;c. Lond Svr~eyor COUNTY OF SUFFOLK ) STATE OF NEW YORK ) BEING DULY SWORN DEPOSES AND SAYS THAT HE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMITS, AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF, AND THAT WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND ~I'HE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT, IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT OR REPRESENTATIVE, TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. ~gnature of Applicant SWORN TO BEFORE ME THIS DAY OF g~.~ , 19 ~Y · NOTARY PUBLIC LtNDA J. COOPER EXAMINED BY APPROVED DISAPPROVED CONDITIONS (If any) SIGNATURE OF CHAIRMAN COMPUTATION OF FEES Approved 2/27/85 Telephone (516) 765-1801 Town Hall, 53095 Main l{oad P.O. Box 1179 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL To' From: Dated: Re: Southold Town Trustees Southold Town Conservation Advisory Council April 4, 1991 Recommendation of Wetland Applications On a motion by Bruce Loucka, seconded by John McCormick, it was RESOVLED to recommend to the Southold Town Trustees disapproval of Wetland Application No. 78-5-16 of James Grathwohl to construct a single family dwelling, sanitary system, well, bluestone driveway and construct a dock consisting of: 4' x 10' fixed elevated (4' above grade) walk; 3' x 16' hinged ramp; two 6' x 16' floats secured by three 8" diameter pilings. The CAC recommends disapproval because the house and septic system would be within the 100' wetland buffer area and the leakage from the cesspool could be excessive with the buffer area. The CAC recommends disapproval of the ramp and dock because it extends 29' out into the channel, going half way across the channel and would result in hazardous navigation of the channel. Williamsburg Lane, Southold Vote of Council: Ayes: All Motion carried. On a motion by John Hoizapfel, seconded by Cynthia Sturner, it was RESOLVED to recommend to the $outhold Town Trustees disapproval of Wetland Application No. 116-4-16.4 of Neil McGoldrick to maintenance dredge a channel within Halls Creek and approach channel from Freat Peconic Bay. The Council recommends disapproval 13ecause it feels that this application cannot be considered a maintenance dredging project and suggests the applicant reapply not as a maintenance project but as an original dredging project. ~ Private road off New Suffolk Avenue, Mattituck Vote of Council: Ayes: All Motion carried. On a motion by Bruce Loucka, seconded by John Holzapfel, it was RE$OVLED to recommend to the Southold Town Trustees approval with stipulations of Wetland Application No. 70-6-9 of Renato Starcic to constuct a 4' x 95' fixed elevated (4' above grade) pier (including inclined ramp on inner end). Install three mooring pilings. The Council recommends approval if the proiect length is cut down so it soesn't interfere with anyone already moored. The Council feels the proiect, as submitted, is too long and will present navigational problems since moorings are already present. Oaklawn Avenue, Southold Vote of Council: Ayes: All Motion carried. Page 2 On a motion by Betty Wells, seconded by John McCormick, it was RESOVLED to recommend to the Southold Town Trustees approval of Wetland Application No. 103-10-28.1 of Henry A. Boczek to install a 6' x 20' floating dock and 12' x 4' ramp and two mooring piles at end of existing dock. 1370 Strohson Road, Cutchogue Vote of Council: Ayes: All Motion carried. On a motion by Stephen Angell, seconded by Cynthia Sturner, it was RESOVLED to recommend to the $outhold Town Trustees conditiona approval of Wetland Application No. 70-13-20.3 and 20.4 of Joseph Cornacchia to construct 308 I.f. of bulkhead within 18" of existing functional bulkhead, including 20 l.f. to close opening to naturally filled channel; drede lagoon to average 4' below MLW yielding estimated 3900 c.u. of spoil; use spoil to backfill behind new bulkhead, to backfill non-functional channel and to nourish beach. The Council approves the bulkheading as submitted. The Council approves the dredging with the condition that the project "link up" with the Koke dredging project after it receives DEC approval. The dredging should not be done if there wil be no link up because it would create a "pothole" and prevent proper flushing. The dredging should not commence until the Koke project is complete. Of course, recommendation of conditional approval is to be considered only after the ownership of questionable areas is established. Kimberly Lane, $outhold Vote of Council: Ayes: All Motion carried. On a motion by John HOlzapfel, seconded by Bruce Loucka, it was RESOVLED to recommend to the $outhold Town Trustees disapproval of Wetland Application No. 110-7-12 of Pequash Club to construct a timber bulkhead 100' long with a 10' return. The Council recommends disapproval because the bulkhead may destroy the beach in front of it. The beach should be stabilized by planting natural vegetation (beach grass, etc.) and keeping people off the beach. Concrete only exacerbates the situation. Fleets Neck Road, Cutchogue Vote of Council: Ayes: All Motion carried. On a motion by Stephen Angell, seconded by Bruce Loucka, it was RESOVLED to recommend to the Southold Town Trustees approval of Wetland Application No. p/o 122-3-14 (lot 3) of Alarn Cardinale to construct a catwalk, platform ramp and float to piles. The Council suggests the applicant extend the catwalk and send the ramp from the catwalk to float and eliminate the stairs. Vote of Council: Ayes: All Motion carried. Telephone (516) 765-1801 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SOUTttOLD TOWN CONSERVATION ADVISORY COUNCIL To: From: Dated: Re: Southold Town Trustees Southold Town Conservation Advisory Council February 13, 1991 Recommendation of Wetland Applications The following recommendations were made by the Council at its meeting held Thrusday, February 7, 1991: On a motion by Stephen Angell, seconded by Margaret Feeney, it was RESOLVED to recommend to the Southold Town Trustees approval with limitations on Wetland Application No. 1'11 - I of Thomas Samuels to maintenance dredge a channel 30+' x 1440_+' to maximum depth 6' below MLW with spoil to be used as beach nourishment on southwest side of Fisherman's Beach. The CAC approves if the dredgin9 depth is limited to 4'. The Council feels that 6' is too big, 4' is adequate for most pleasure crafts in the area and the Council is concerned that the 5' depth would create potholes and problems to the surrounding water and shellfish. Vote of Council: Ayes: All Motion carried. Application No. 12-2-90-78-5-16 of James Grathwohl was tabled pending receipt of the landscape plan, buffer zone and placement of a retaining wall as requested by the Board of Trustees. On a motion by Stephen Angell, seconded by Bruce Loucka, it was RESOVLED to recommend to the Southold Town Trustees approval with su99estions of Wetland Application No. 12-4-90-123-10-1 of Panagiotis Gazouleas to construct a single family dwelling, attached decking and associated sanitary system. Construct a 4' x 30' fixed dock, 3' x 10' ramp and 6' x 20' float. The Council approves the house as submitted with the stipulation that the applicant follow the checklist the CAC submitted to the Trustees in a letter dated February 9, 1990 which requires roof gutters and drainpipes, no runoff by grading, straw bales during construction, no planting requiring fertilization and heavy watering within 75' of wetlands, etc. The Council approves the dock with the suggestion that the two floats be turned 90° to plan so it would be in line with the last adjacent dock. Vote of Council: Ayes: Ail Motion carried. On a motion by John Holzapfel, seconded by Cynthia Sturner, it was RESOLVED to recommend to the Southold Town Trustees approval with stipulations of Wetland Application No. 24-2-11 to remove existing dilapidated docking facility and replace in-kind, in-place, a 4' x 28' fixed timber dock, 3' x 16' aluminum ramp, 6' x 20' float dock and two 2-pile float support dolphins. The Council approves provided the proiect does not interfere with the adjacent Page 2 ~--. neighbors navigation and dock. Vote of Council: Ayes: All On a motion by Bruce Loucka, seconded by Cynthia Sturner, it was RESOLVED to recommend to the Southold Town Trustess disapproval of Wetland Application No. 50-3-6 of James Bitses to construct a small flood control gate; small semi-circular berm penetrated by a four inch pipe with gate valve , six feet in diameter and two feet high. The Council recommends disapproval until an engineers report is submitted to determine Lhe results of 2", 3" etc. of rain (will it flood the road?). Vote of Council: Ayes: All Motion carried. On a motion by Stephen Ang,eIl, seconded by Margaret Feeney, it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 111-1-16 by Frank Curran to replace (within 18" 101 l.f. of existing timber bulkhead, install one 10" mooring pile and dredge a 21' x 25' boat basin to 4' below MLW. Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Trustees approval of Wetland Application No. 116-6-24 submitted by Kinogenor Point Company to replace (within 18) 135+ I.f. of existing bulkhead. Vote of Council: Ayes: Ail Motion carried. On a motion by Stephen AngeH, seconded by Cynthia Sturner, it was RESOLVED to recommend to the Southold Town Trustees approval with suc~c~estions of Wetland Application No. p/o 122-3-14(1ot 1) of Alan Cardinale to construct a catwalk, platform, ramp and float to piles. The Counci suggests the applicant extend the catwalk and send the ramp from the catwalk to float and eliminate the stairs. Vote of Council: Ayes: All Motion carried. On a motion by Stephen Ange]l, seconded by John Holzapfel, it was RESOLVED to recommend to the Southold Town Trustees approval with sucj~lestions of Wetland Application No. p/o 122-3-14 (Lot 2] of Alan Cardinale to construct a catwalk, platform, ramp and float to piles. The Council suggests the applicant extend the catwalk and send the ramp from the catwalk to float and eliminate the stairs, Vote of Council: Ayes: All Motion carried. Application No. p/o 122-3-14 (Lot 3) was tabled pending further information from environmental experts concerning the length of catwalks over wetlands. On a motion by Margaret Feeney, seconded by John Holzapfel, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetland Application No. 126-9-p/o19, 26.2 and 26.3 of Mark and Lisa Davis toconstruct a single family dwelling with garage and driveway. The Council feels this should not be subdivided, it is not a buildable lot. The Council recommends denial because of environmental concerns and to uphold zoning. Vote of Council: Ayes: Ail Motion carried. Augu, st 21, 1991 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Town Hall P.O. Box 1179 Southold, NY 11971 Yax f, YI6~) Re: March 26, 1991 letter, copy attached Dear Mr. Orlowski: I enclose covenants and restrictions with modifications. requested Please note however that the modifications requested at paragraph 3F and paragraph 13 have not been implemented based upon a confererce with John Bredemeyer on Friday, August 2, 1991.. At that time, Mr. Bredemeyer reviewed the language included at 3F (which incidentally had always been included in the proposed covenents without any previous objections) and indicated that as the language was limited to "required protective structures and landscape" he saw no problem with the language and, in fact, supported its inclusion. Similarly, as to the modification requested at paragraph 13, Mr. Bredemeyer reviewed the language in the covenants, whicb he had himself approved some months ago in telephone conferences with me, and reiterated that the existing language was more than satisfactory to him. I therefore request that you promptly confirm the above with Mr. Bredemeyer and then immediately forward me a letter approving the covenants as herein proposed and set forth (see copy attached). Thank you for your anticipated prompt attention. Pc:jr Sincerely, · ALE ' a , PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Ha11.53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516/ 765-1823 March 26, 1991 Alan Cardinale P.O. Box 77 Mattituck Shopping Center Mattituck, New York 11952 RE: Minor Subdivision for Alan Cardinale James Creek SCTMa1000-122-3-1.4 Dear Mr. Cardinale: The Planning Board and theTown Attorney have reviewed the draft Declaration'of Covenants and Restrictions for the above mentioned subdivision. Please revise the draft as follQws (numbers are in accordance with the numbers of the draft): 3f This subsection seems to contradict the restrictions set forth earlier in the declaration. The Board wants this section to be deleted. 9 - The Planning Board and the Suffolk County Planning Commission requested a 100 foot setback. The Board will accept a 75 foot setback in reference to residential s~ruc~ures only. The statement in reference to sanitary disposal facilities should be left at 100 feet, particularly since this is a requirement of the Suffolk County Department of Health Services. 13 This section is to be rewritten to reflect the Board of Trustee's prohibition against all managed turf and plants requiring fertilizer, whether organic or inorganic. 14 This section is to read "... a majority plus one of the Planning Board..." This paragraph is not to include the Town Board. Also, Schedule A is to refer to the map entitled, "Minor Subdivision Plan prepared for Alan Cardinale." The map is no longer entitled "Mohring Enterprises." In addition, the 75 foot buffer area is to be shown on the final maps. Please submit a revised draft for the Planning Board's review. Ver~f truly yours, Bennett Orlowski, Jr. Chairman August Mr. Bennett 0rlowski, Chairman Southold Town Planning Board Town Hall P.O. Box 1179 Southold, NY 11971 21, 1991 / Re: March 26, 1991 letter, copy attached Dear Mr. Orlowski: I enclose covenants and restrictions with requested modifications. ~ Please note however that the modifications requested at paragraph 3F and paragraph 13 have not been implemented based upon a confererce with John Bredemeyer on Friday, August 2, 1991.. At that time, Mr. Bredemeyer reviewed the language included at 3F (which incidentally had always been included in the proposed covenents without any previous objections) and indicated that as the language was limited to "required protective structures and landscape" he saw no problem with the language and, in fact, supported its inclusion. Similarly, as to the modification requested at paragraph 13, Mr. Bredemeyer reviewed the language in the covenants, which he had himself approved some months ago in telephone conferences with me, and reiterated that the existing language was more than satisfactory to him. I therefore request that above with Mr. Bredemeyer and letter approving the covenants forth (see copy attached). you promptly confirm the then immediately forward me a as herein proposed and set Thank you for your anticipated prompt attention. PC:if eric. Sincerely, PHSLIP J. CA~RDINALE Telephone (.516) 76.~-193R PLANNING BOARD TOWN O17 SOUTHOLD ,S('O'FI' l.. IIARRIS T(~wn Halt. 53095 Main I).Oi Ih~x I .~,ttll,)ld. New York 11971 (516) 765~1823 March 26, 199~ Alan Cardinale P.O. BO~ 77 Mattituck shoppin~ center Mattttuck, N~w York 11952 RE: ..... Mi~-'~i~imion for Alan Cardinale Jam~ Creek SCTM~1000-122-3-t,4 Dear Mr. cardinale: ~ TI*o Planning Board and the Town Attorney have ieviewed thc draft Declaration of Covenants and Restrictions for the above mentioned subdivision. Please revise Lhe draft as follows (numbers are in accordance with the numbers of the ~raft): This submection ~eems %0 contradict the restrictions ~e~ forth earlier in the declaration. The Board wants th~ section to be deleted~ The Planning Board and the Suffolk County Plannin~ Commission requested A 100 foot setback, The Board will accept a 75 foot setback in reference to residential structures only. The statement in reference to ~anttary disp_Qsal facilities should be left at 100 feet~c~larly-~l~6F-~h~ is a requirement of the Suffolk County Department oi Health 13 -.~his mection is to be rewritten to reflect the Board' ,,~of Trustee's prohibition against all managed turf and ~ plant~ requi~in9 ferkillzer, Whether organic or 14'- This section is to r~ad "... a majority plus one of ~ the Plannin~ Board..~", This paragraph is not to ~?~' include the ToWn Board. ? SubdiviSion Plan prep.ared for Alan Cardinaleo" The map ~s no ,lo,igor entit, i~d '~M~hrlng En~erprises.'~ In addition, the 75 foot. buffez area ig to be ~howl~ on the fi,al map~. Pleasu submit a revised draft for the Planning Board s Very truly yours, ~ennett Orlow~ki, Jr. Chairman COVENANTS & ~ESTRICTIONS THIS DECLARATION made this day of , 1990, by Alan A. Cardinale, residing at Main Road, Mattituck, New York, hereinafter referred to'as the Declarant, who, as the owner of premises described in "Schedule A" annexed hereto desires to restrict the use and enjoyment of said Premises, and ~as for such purposes determined to impose on said Premises covenants and restrictions~and does hereby declare that said Premises shall be held subject to the following covenants and restrictions. 1. Declarant has made application to the Town of Southol~l Planning Board for approval of a subdivision wherein Premises "Schedule A" would be designated Lot #4 and Premises at "Schedule B" represent the entire premises which are the subject of the four-lot subdivision'. 2~ As a condition for approval, acceptance sad filing by the Town of Southold Planning Board of such subdivision, the Declarant agrees that upon acceptance and filing of such mino~ subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A" premises is designated Lot #A) Declaran~ shall promptly make application for a subdivision of that portion of "Schedule A" PremiSes lying in the B (B~siness) Zoning Use District from tbnt portion of the nSched~le A" Premises lying in the R-80 (Residential) Zoning Use DiStrict so as to provide two separato and distinct building lots, each ~cated rally within its respective Zoning Use District. 3. The following terms and conditio,s shall apply to all land lying within the 75-foot setback area from the wetlands oil Lots 1, 2 and 3.: a) No structure or building shall be placed within the setback area. The terms "structure" and "building" shall be interpreted as including swimming pools, patios, storage build- ings, structures for the housing of domesticated animals, boat or other trailers, recreational vehicles, retaining walls and bulkhead but shall not include walkways and decks provided all required governmental permits are obtained. b) The buffer area which i'§ defined aS the 75 foot setback area referred to above and shown on the subdivision map 'to be filed shall remain in its natural state. It shall not be cleared of the indigenous vegetation of the area, nor shall it be planted with grass or mowed. c) The buffer area shall mot be filled with either soils sand, or other debris, including brush. d) The buffer area may be traversed by a walkway, whether elevated or on the ground, provided proper wetland permits can be obtained from the applicable agencies, which may include the Board of Trustees and of Environmental Conservation. e) Any disturbance to the New York State Department the land within the buffer area §hall be redressed by the ~estorution of said land to its prior natural state. ~ ~ f) No provision herein will limit the owaer's~right and privilege to make special application to the governing environmental authorities for the purpose of constructing required p.rotective structures and landscape to assure against damage or diminished value to the property. Upon receiving the appropriate approvals, the allowable protective structures and landscape may be put in place without disturbance. 4~ No lot line shall be changed in any manner atany future date unless authorized by the Town of Southold Planning Board. 5, There shall-be no further subdivisions of Lots Numbered l~ 2 and 3 in perpetuity. 6~ Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of'the natural vegetation on the ~ite as possible and minimizing stormwater runoff and erosion. 7~ No driveway or entrance road on Main Road or on the proposed ~oad shati be located within 50 feet of the ends of the sho~t ~adtus curve connecting the southeasterly side of Main ~o~d with the northeasterly ~ide of the proposed road. 8~ AI~ stormwater r~noff resulting from the development and ~mprovsm~t of this ~bdivi§ion or uny of its tots shall be ~etat~d on ~he site ~y ud~qoflte drainage structures so that it Will not flow out onto the tight-of-way of Main Road. 9. No new ~esi~entiai structure shall be constructed or otherwise located within 75 feet of. the upland edge of the wetlands or the Shoreline of ;James Creek. and no new sanitary disposal facilities shall be constructed or otherwise located withi~ :100 feet of t~npland edg~ of. the wetlands or the shoreline of James Creek. 10. No: stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be dis- charged Creek, i1. d~ring into the tidal wetlands within the parcel nor iuto James Erosion and sediment control measures shall be required nnd immediately sfter construction on each lot to insure deteteri- bordering that stormwater runoff will not carry eroded and other earl materials into James Creek and the tidal wetlands the creek~ 12. Ail prospective owners of lots within this subdivision ate advised ~hat this subdivision is located within one mile of ~attit~ck Airport and~ therefore, may be Subjected to noise cma ~a~i~g from the facility and from aircraft flying overhead or ~arby~ 13. in regard to Lots 1, 2 and 3 and the R280 zoned portio. of Lot 4~ there shail b~ no ~se of inorganic fertilizer materials et plant species acknowledged to require large amounts o~ nitrog~ fertilizerS. i4; Covenants and restrictions herein can be modified only at th~ request of the then owner of the premises with the ~ppPoval of a majority plus one of the . Planning Board of the Town of S0uthoid after 'a.~publ~c 'hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to' such modification sh'all not be required. ALAN A, CARDINALE STATE OF NEW YORK : COUNTY OF SUFFOLK On the day of , 1990, before me personally came A~ Catdinale, to me known to be the individual described in who executed the foregoing instrament, and acknowledged that ex~c~d the same. Notary Public subdivi~ion Pimh pbepm~ed Po~ ~ ~ m~[ ~. ~ ~'iW~ - at ~ttit~ek, To~d oC southold, SuFfolk Counts; New ~orR. ~gthni.hg mt a point formed by ~he intersection of the easterly line of ~t~ ~oa~ (N.Y.S. R~e. 25) with the southerly line of land of Pekeco Realty CO~, which poih~ is the following courses and dis~nees ms ~asured alobg ~he easterly line of said Main Road from the southerly line of NeW SUffolk Avenue ~ (~) So,th 2~° ~8' ~;o" West 180.48 feet, (2) ~th 30~ O6~ ~O" Wesb ~00.O0 leek; and b~nhihg ~he~ce from said point of beginning easterly and northerly ~he land of Pekeco Realty Co. the following courses and distances: (l) ~th 83~ ~' 50'~ East 3i3,77 feet, (2) North 30~ 06' JO" ~st ~OO.O0 Feet ho the land of Tom's bream~ Inc.; . ~henee ~uth 83~ l~ 50" ~st along the lands oF Tom's Dream, Inc. and of Olen~ O~ & Louise B. Munn 224.4; feet; ~hebce ~h }~ u4~ 40" West continuing along the land of Glenn O. & LO~tSe B. ~uhn 362.00 feet; ~h~c~ westerly amd southerly throu~ the land ~f Mohring ~terprises, I~e~ ~h~ following courses mhd dt~anees~ (}) North 88e 55' 20" West 257,6~; feet, (2} ~uth 32~ O8~ 20" Weak 2i5,77 feet to the land of Paul Lueas; thence North 57~ 5~~ 40" West along the land of ~Ul LUeas, a ri~b of way~ of Paul mhd Helen tueas and of Walker Grabie, Inc. 493.4~ feet to a ~inb t~ ~h~ ~t~ly lth~ 0C said ~tn Road; ~h~Ma~ ~ortheply along the easterly line of said ~in Road the following (t} Mop~h ~a 56~ 00" East ~70~OO Ceeb~ (P) Nopkh 37a 07~ ~0~' ~nk 103,2~ fee~, (3) NoPth 30~ 06~ ~0" ~s~ 60.00 Ceek to'the potn~ o~ place of b~gtn~tng, IttitU~l ~O~n Of Southoldl Unuhty o£ Suffolk and 8tare 0£ Xe~ York, II~NINO §t a ~oiht on fha e~§t~rly ~ide of Hain Road (Route 25) §~ [hO ~o~th~oStoriy tether o~ the pre~isemherein deacribed, }O{Hi~U lohd no~ er £o~m~rly of Peteco Real~y Co. on the North; thOfic~ ~lon~ sold la~d ~ov or formerly of Peteco Realty Co., ~ t~o course~ end ~hO i) So~th S~e 11' 50n EaSt~ 313,77 feet; ~) ~O~th 30e 06I lOn East, 1Q8 feet to land now or formerly, of Hesel~scia and aeotherl Runnin~ thence alon~ said land and'land of ghlera, South 830 11' 50" Rn~ln~ the~e~ ~long ~aid land of Ehtera~ the following two coqreea ~) South ~ ~* 40" ~e~t, 362.00 f~et; q, 2) Su~th 61~ 44~ 20" East, 248,84 f~et to 3a~ea ~reek; '-R6hn{~ th~ne~ ol~ng tho edge of Ja~ Creek by tie line~ the' ~oll~i~ ei~h~oo~ ~ours~s and ~ , i) ~nOth 26e.27' lO"'~ost, 76,12 {e~tt .. south e.t, feet, {.. 6) SOtlth 3~ 12' 50" East~ 91.8~ feetl 9) South 3~~ 05' 15" ~est~ 5o,v~ 10 11 North B1~ '56' an" ~o~t 116.25 1~ NOrth 77~ 54! 20" ~S~ 68,82 t5 NotCh 83~ 20~ 50" W~,t 118,07 £~etl tB Yof~h Jl~ 15~ 45') ~s~ 63,61EOeti . i~ ~0fth ~h8 48t A5d ~@§t ~3~B5 £~t to land of Pahtaleo; ' ' l) North AAs 56~ 00" ~ast, 170,00 ~} ~oflh ~0° 06! lO)) ~a§t~ 60*OO f~et to the point of place*of 't. ti ~oOVENANTS & RESTRICTIONS DECLARATION made this ~8~day of~~, 1990, THIS Alan A. Cardinale, residing at Main Road, Mattituck, New York, hereinafter referred to as the Declarant, who, as the owner of premises described'in "Schedule A" annexed hereto desires to- restrict the use and enjoyment of said Premises, and has for such purposes determined to impose on said Premises covenants and restrictions and does hereby declare that said Premises shall be held subject to the following covenants and restrictions. 1. Declarant has made application to the Town of Southold Planning Board for approval of a subdivision wherein Premises at "Schedule A" would be designated Lot #4 and Premises at "Schedule B" represent the entire premises which are the subject of the four-lot subdivision. 2. As a condition for approval, acceptance and filing by the Town of Southold Planning Board of such subdivision, the Declarant agrees that upon acceptance and filing of such minor subdivision of Tax Lot 1000-122-03-1.1 (in which "Schedule A" premises is designated Lot #4) Declarant shall promptly make application for a subdivision of that portion Premises lying in the B (Business) Zoning Use portion of the "Schedule A" Premises lying in (Residential) Zoning Use District of "Schedule~A" District from that the R-80 so as to provide two separate and distinct building lots, each located fully within its respective Zoning Hse District. 3. The following terms and conditions shall apply to all land lying within-the 75-foot setback area from the wetlands on Lots 1, 2 and 3~: a) No structure or building shall be placed within the setback area. The terms "structure" and "building" shall be interpreted as including swimming pools~ patios, storage build- ings, structures for the housing of domesticated animals, boat or other trailers, recreational vehicles, retaining walls and bulkhead but shall not include walkways and decks provided all required governmental permits are obtaihed. b) The buffer area which is defined as the 75 foot setback area referred to above and shown on the subdivision map to be filed shall remain in i~s natural state. It shall not be cleared of the indigenous vegetation of the area, nor shall it be planted with grass or mowed. ~' c) soil, sand, whether permits include of Environmental Conservation. e) Any disturbance The buffer area shall not be filled with either or other debris, including brush. d) The buffer area may be traversed by a walkway, elevated or on the ground, provided proper wetland can be obtained from the applicable agencies, which may the Board of Trustees and the New York State Department to the land within the buffer area shall be redressed by the restoration of said land to its prior natural state. f) No provision herein will limit the owner's right and privilege ~o'make special application to the governing environmental authorities for the purpose of constructing required protective structures and landscape to assure against damage or diminished value to the property. Upon receiving the appropriate approvals, the allowable,protective strdctures and landscape may be put in place without disturbance. 4. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 5. There shall be no further subdivisions of Lots Numbered 1, 2 and 3"in perpetuity. 6. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of t~e natural vegetation on the site as possible and minimizing stormwater runoff and erosion. 7. NO driveway or entrance road on Main Road or on the proposed road shall be located within 50 feet of the ends of the short radius curve connecting the southeasterly side of Main Road with the northeasterly side of the proposed road. 8. All stormwater runoff resulting from the development and i~prov.e~ent of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out onto the right-of-way of Main Road. 9. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 75 feet of th~ uplan~ -edge of the wetlands or the shoreline of James Creek. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be dis- into the tidal wetlands within the parcel nor into James charged Creek. 11. Erosion and sediment control measures shall be requi~ed during and immediately after construction on each .lot to insure that stormwater runoff will not carry e~oded and other deleteri- ous materials into James Creek and the tidal wetlands bordering the creek~ 12. All prospective owners of lots within this subdivision are. advised that this subdivision is located within one mile of Mattituck Airport and, therefore, ma~ be subjected to noise ema- nating from the facility and from. aircraft flying overhead or nearby. 13. In regard to Lots 1, 2 and 3 and the R-80 zoned portion of Lot 4, there shall be no use of inorganic fertilizer materials or plant species acknowledged to require large amounts of nitrogen fertilizers. 14. Covenants and restrictions at the request of the then owner of herein can be modified only the premises with the approval Board of property hearing of a majority plus one of the Town Board or Planning the Town of $outhold after a public hearing. Adjoinzng owners ~11 be entitled to notice of such public but ~heir consent te such modification shall not be required. AL-fN A. ~C~fRDINALE STATE OF NEW YORK : COUNTY OF SUFFOLK On the ~ day of bC~-, Alan A. Cardinale, to me known and who executed the foregoing he executed ~he same. 1990, before me personally came to be the individual described in instrument, and acknowledged that Notar y?Fub lic lAURIE E. GRAE8 N~tery Public, State of New York No. 4821818, Suffolk County/~ Term Ex~ire. September 30, ~9 7-~/-