Loading...
HomeMy WebLinkAboutCARDINALE, ALAN TRUSTEES John M. Bredemeyer, III. President Henry P. Smith. Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthil! Telephone ¢5167 765~ t 892 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 September 7, 1990 TO: FROM: RE: Planning Board ~/~ John Bredemeyer, President/~ _~ ~/ Alan Cardinate Subdivisi~nuu /~ v/~ ~ ~ After the Trustees inspected the above-referenced site on 9/6/90, I informed Fir. Alan Cardinale, Jr. ~rojectmanag~r) 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 ma~. 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 f~rtilizer-requirlng Dtanting~ on th~ ~ntirety of Lot~ 1, ~, 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 S.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 L~At Trustees TRUSTEES John M. Bredemeyer. 1II. President Henry P. Smith. Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthilt Telephone (516] 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box t 179 Southold. New York 11971 Fax ~516) 765-1823 Telephone (516) 765-1800 August 31, 1990 TO: Planning Board FROM: John M. Bredemeyer, Pr¥~i~nt RE: Alan Cardinale Project]~_,/ Please hold in abeyance any pending Planning Board action in the matter of Alan Cardinale, James Creek SCTM ~1000-122-3-1.4; the reason being a correction of a wetland violation is pending before the Board of Trustees. cc: Trustees Bldg Dept Alan Cardinale John M. B~edemeyer, HI. Presidem Henry P. Smith, Vice President Albert J. Krupski. Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516~ 765-1892 TO: FROM: RE: BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD ~owski, Jr., Chairman John Bredemeyer, Presiden~ Proposed Subdivision of Alan Cardinale James Creek $CTM ~1000-122-3-t.4 DATE: January 22, 1990 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 Please be advised that the filed Covenants and Restrictions referenced by your memo of December 26, 1989 effectively remove any activity landward of 75' from Trustee jurisdiction and hence the need for the Board to issue a waiver (which would only tend to confuse or undermine the C & R's themselves). With respect to C & R number 4B, I believe that the Board of Trustees would have no objection to entertaining an application for a Trustee wetland permit for conservation plantings of indigenous species within the 75' zone provided the applicant could demonstrate that exotic or low value wildlife species such as Phragmites have become dominant as a result of past land use practices or that habitat diversity or quality would be inherently improved under such a planting proposal. In the near future I hope to enlist Trustee Board and C.A.C. support to standardize C & R's and review prooedures to efficiently effect these changes without the mountain of paperwork we currently generate. cc: Trustees CAC Alan Cardinale FRANK A. KU]AWSKI, JR., P~esident ALBERT ]. KRUPSKI, JR.. Vice-President JOHN M. BREDEMEYER. III JOHN L. BEDNOSKI. JR. HENRY P. SMITH TELEPHONE {5161 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 728 Southold. New York 11971 September 28, 1989 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is a waiver request submitted by Alan A. Cardinale. Please prepare a written report of findings and recommendations with respect to this application. FAK: jas Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees To: From: John Bredemeyer, President Southold Board of Trustees Bruce Anderson ~ Environmental Consultant. Date: August 31, 1990 Re: Alan Cardinale Situate James Creek, Mattituck As you are aware, tidal wetlands on subject parcel was flagged on August 29, 1990. In all~ 21 flags were placed within the wetland area identified as high marsh. Tidal wetlands contain Spartina alterniflora which form a relatively narrow band along the southern edge of the property. Along the eastern portion of the property tidal wetlands are more extensive. Within this area the transition starting with spartina alterniflora to spartina patens to groundselbush and phragmites is evident. Flags were attached to groundsel bush along the high marsh areas in both the southern and eastern reaches of subject parcel. The following plants were identified on subject parcel: Tidal Wetlands Low marsh cordgrass Spartina alterniflora Salt meadow grass Spartina patens Seaside lavender Limonium carolinianum Groundsel bush Baccharis halimifolia Common reed Phragmites communis Adjecent Area Common reed Red cedar Red oak Black cherry Beach grass Phragmites communis Juniperus virginiana Quercus rubra Prunus serotina Ammophila breviligulata Upland Area Red oak Scarlet oak Bi,ack birch Black cherry Virginia creeper Poison ivy Quercus rubra Quercus coccinea Betula lenta Prunus serotina Parthenocissus quinquifolia Rhus radicans ToWn o£ ~outhold Board O~ Trustees ;%] an A. Cardtnale /~ 1) The.e~sL~ng No%!o~ of Violation dated August 28. Constabl~ will es shall ~emaZn %n~!l ~o~tructlon X~ completed. ~) Th~ ~outkcld T~=~ board o~ T~dst~es will promptly Indicated above ~ll pr©~ptly follow com,!et!on of SENT BY FAX Suptamber ]8, 1990 Matt K~ernan, Tow~ Attorn~ SO~lthold Town Hail Main Road Southold, NY 11971 Alan Cardina]e 0ames Creek, Mattituck, No~ic, e of V.4olaLiOn N~w York Dear Matt: Pursuan~ to our telephone discussions, ~mended asrecment regarding %he above for hredemoyer. ~ fax herewith initial by John Please advise Drompt]y~i.e, today if possibleJas we anticipate commencing ¢onsrrac. t~on tomorrow ~n comp3 ~anco wirh the agreement, Sincerely PHILIP J~ CARDINALE NOTICE Police Dept. - Bay Constable Town of Southold Peconic~ New York 11958 NOTICE OF VIOLATION Date: .................. , 19-~-- To: (Owner or authorized agent of owne?~) (Address of owner or authorized agent of owner) Please take notice there exists a violation of the Code of the .... 2O Town of Southold~ Chapter 97 Article--~ ........ Section .............. that .................... - ......... at premises hereinafter described in ............ You are therefore directed and ordered to coppty with the on or before ..... L ..... day of ................. , 19-~---- The premises to which this Notice of Violation refers are situated at: Suffolk County, N%¥. (Surf. County 1'ax [.~ap Designation: Dist. Section: ....... -a---Block: ........ Lot: ....... k Failure to comply with the applicable provisions of the law may constitute an offense punishable by fine or imprison~uent or both. NOTICE: You have the right to apply for a hearing before the Board o~ Trustees of the Town of Southold, provided that you file a written request with the Clerk of the Trustees within 10 days after service-of the Notice of Violation. Such request shall have annexed thereto a copy of the Notice of Violation upon which a Hearzng is requested and shall set forth the reasons why such notice of violation should be modified or rescinded,. Bay Constable, Tow~ of Southold, NY (516) 722-&~77 DgTE: FAX ~: FROM: ~PAGES (including cover page) COMMENTS: Cardinale & Cardinale Attorneys at Law Main Road Jamesport, NY 11947 3'OWN Or SOU' "~, FAX TO ~ FAX# : ,$0UTHOLD TOWN ATTORNEYTH~RVEY 765-1823 RETURN FAX# : 722-4877 Harvey: Herewi understandi Bredemeyer, Trustees. receipt, as intial so c 11, 1990. ement and nd John Board,'of my office on ther and John will Tuesday September J. Cardinale Town of Agreement Southold Board of Trustees and Alan A. Cardinale Dated: September 10, 1990 1) The existing Notice of Violation dated August 28, 1990 issued by the Town of Southold Bay Constable will be withdrawn effective September 10, ~990. 2) Alan A. Cardinale agrees to restore, by returning same to original Erade, the area within 75' of the wetland line designated on (Minor Subdivision for Alan A. Cardinale at Mattituck) bearing Health Department Approval date of Jmm~ 1, 1990. 3) Alan A. Cardinale will apply for and obtain a landscase ~ermit from the Town of Southotd Board of Trustees prior te performing any landscaping within the buffer area indicated above. 75' 4) Immediately follow restoration to original grade as set forth above, Alan A. Cardinele will relocate the existing hay bales to the 75' set-back line and such hay bales shall remain until construction is completed. 5) The Southold Town Board of Trustees will promptly provide Alan A. Cardinale, at their next meeting, a letter o~ non-jurisdiction relating to the Minor subdivision and the dwelling construction~ based on the fact that the construction is not within 75' of the designated wetland 6) Alan A. Cardinale may recommence construction immediately, with the understanding that the restoration to grade indicated above will promptly follow completion of masonry foundation and side-wall construction. 7) The Southold Town Board of Trustees will rescind its letter to the $outhold Planning Board dated August 31, 1990 requestin~ that the Planning Board action in the matter of this subdivision be held in abeyance, thus allowing the finalization and filing of the above-indicated subdivision map. 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 L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 September 18, 1990 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. Very truly yours, Bennett Orlowski, Jr. ~ Chairman enc. cc: John Bredemeyer ~ TRUSTEES John M. Bredemeyer, Ill, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthil! Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box l [79 Southotd, New York t 1971 Fax (516) 765-1823 Telephone (516) 765-1800 September 7, 1990 TO: FROM: RE: Planning Board John Bredemeyer, President~/~'~P 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 s~bdivision 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 S.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 HARVEY A. ARNOFF Town Attorney MATTHEW G. K1ERNAN Assistant Town Attorney TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE 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 TOWN OF $OHTHOLD John Bredemeyer. President. Board of Trus~~'~ ~;ttt;i.~ 3G1~ ~ii9r;an, Assistant Town Atto%/V~ Alan Cardinale Subdivision As per your memo to the Planning Board dated September 7. 1990 (copy attached). I respectfully request a clarification of your statement made in the third paragraph stating "C ~; R prohibiting all managed turf and fertilizer requiring plantings on the entirety of lots. TRUSTEES John M. Bredcmeyer. Ill. President Hen~ 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 $OUTHOLD SCOTT L. HARRIS Supervmor Town Hall. 53095 Main Road P.O. Box [ 179 Southotd, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 7, 1990 TO: FROM: RE: Planning Board ~.~./ John Bredemeyer, President~ Alan Cardinale SubdivisionTM 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 S.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 Trustees Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1990 Alan Cardinale P.O. Box 77 Mattituck Shopping Center Mattituck, NY 11952 TOWi~ O? SO~'F RE: Alan Cardinale James Creek SCTM9 1000-122-3-1.4 Dear Mr. Cardinale: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 5, 1990. RESOLVED to adopt the February 8, 1990 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1. Is to remain as written. An additional item shouldbe added as follows: There shall be no further subdivision of lots No. 1, 2 and 3 in perpetuity. e Is to be omitted. The proposed layout has been before the Board for many years. The Planning Board requested that the applicant file a Declaration of Covenants and Restrictions stating that lot No. 4 be subdivided along the existing zoning lines into one business lot and one residential lot, upon approval of the four (4) lot subdivision. The Board feels that the same outcome will be ~chieved, without forcing the applicant to redraw the current proposal and begin the subdivision process again for a major subdivision. The Board has also requested that the road be built to the Alternate Road Specifications, and will also request that the map be filed in the County Clerk's office. 3. Is to be ~mitted. 4. Is to remain as written. 5. Is to be omitted. Is to be omitted. The Planning Board is requiring a road built to the Alternate Road Specifications. Final maps will contain the name of the proposed road. Is to be omitted. The Planning Board is requiring that all lots, with the exception of the business lot, have access onto the proposed road. 8,9,10,11,12 & 13 Are to remain as written. 14. Is to be omitted. 15. Is to be revised to read: These Covenants and Restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 16. Is to remain as written with the addition that the Liber and page number of the filed document be included on the final map. Numbers 1,4,8-12, 15 and the additional item must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must De submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Numbers 13 and 16 must be shown on the final map. In addition, the final public hearing, which was opened on November 20, 1989 was closed. As requested previously, the Planning Board awaits the following: 1. Curb cut approval from the New York State Department of Transportation. A draft of the revised Declaration of Covenants and Restrictions which was submitted previously, including all requirements of the February 8, 1990 Suffolk County Planning Commission report. Final maps (5 paper prints and 2 mylars) with the following: A. A current stamp of Health Department approval. B. The location of the firewell as requested in the Planning Board's correspondence of January 12, 1990. C. Compliance with the December il, 1989 Engineer's report. D. The additions requested in the February 8, 1990 Suffolk County Planning Commission report. Submission of a bond, Letter of Credit or equivalent for the amount of $78,870.00, and acceptance of same by the Town Board. 5. Submission of the inspection fee of $4,732.00. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ ~z~ Chairman Encl. SCPC repor~ cc: Trustees SCPC DEPARTMENT OF PLANNING COUNTY OF SUFFOLK F~ATRICK (~. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ February 8, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Dear Mr. Orlowski: Minor Subdivision - Alan Cardinate Southeasterly side of Mmin Road, New York State Route 25, 280.48 feet southwesterly from New Suffolk Avenue, Mattltuck, New York. T.P.I.N 1000-122-03-1.4 The Suffolk County Planning Commission at its regular meeting on February 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Alan Cardinale" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following sixteen conditions that are deemed necessary to help preserve the traffic safety and carrying capacity of Main Road, a state road, and to help preserve the natural and aesthetic attributes of the shoreline of James Creek, and the tidal wetland adjacent thereto. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. The map shall show the proposed subdivision of Lot 4 into two lots, one commercial and one residential, presently under consideration rather than handling the subdivision of this property as two separate subdivisions. This subdivision shall be treated as a major subdivision and the map filed in the County Clerk's office. 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 site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. Page -2- 5. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of the residential portion of Lot 4, the lot shall be made subject to a covenant that will prohibit future subdivision in perpetuity. The proposed access for the lots shall be set off as a road and not as a right-of-way. It shall be given a distinctive name to facilitate the location of the properties served by it by fire, police and other emergency and service units. The subdivider shall offer this road to the Town of Southold for dedication as a public road. All driveways on Main Road shall make an angle of at least 70° and preferably 90° With the state road. 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. Ail stormwater runoff resulting from the development and improvement 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. I0. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the upland edge of the wetlands or the shoreline of James Creek. 11. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the tidal wetlands within the parcel nor into James Creek. 12. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into James Creek and the tidal wetlands bordering the creek. 13. Ail prospective o~ners of lots within this subdivision shall be advised that this subdivision is located within one mile of Mattituck Airport and, therefore, may be subjected to noise emanating from the facility and from aircraft flying overhead or nearby. 14. Ail residential structures that are erected within this subdivision shall be constructed using materials and techniques that will reduce interior noise levels in accordance with the recommendations of the Department of Housing and Urban Development or other authority that has promulgated standards for reduction of interior noise levels. 15. Conditions !, 4, 5, 6 and 8-15, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Page -3- These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Sonthold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing hut their consent to such modification shall not be required. 16. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Co,mm~ssion also offers the following comments on the map for your use and consideration: Considerable care must be taken in the manner of storage and disposal of not only commercial and industrial wastes, but also the disposal of stormwater runoff from impervious areas on the site which can carry deleterious substances that can, if reaching James Creek via the groundwater, have an adverse impact on James Creek. Conditional approval of this subdivision does not in any way imply approval of the layout of future subdivision of this tract presently under consideration. Adequate provision shall be made for properly designed and properly located handicapped parking spaces. In locating a handicapped parking space consideration is to be given to the nature of the occupancy of the building and the probability of a handicapped person utilizing a specific unit within the building. There is the possibility that this site may contain material of archaeological value. Therefore, an archeological survey should be made by a qualified archaeologist. If it is found that the site does contain material of archaeological value then: (1) the site should be preserved; or (2) clearing, excavation and construction on the property should be delayed for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth. Very truly yours, File: S-SD-84-20.1 CGL:mb Enel.: Map Arthur H. Kunz Director of Planning by "" ..... · Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS f) No provision herein will limit and privilege to make special application to environmental authorities for the purpose of required protective structures and landscape damage or diminished value to the property. the owner's right the governing constructing to assure against Upon receiving the appropriate approvals, the allowable protective structures and landscape may be put in place without disturbance. ~LAN A. CARDtNALE STATE OF NEW YORK : COUNTY OF SUFFOLK On the 20th day of November, 1989, before me personally came Alan A. Cardinale, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ?/~~ ~ ,/~tw~t-g~ ~ Y Notary Public LAURIE E. GRAEB Nota~ ~bl~, Sta~ of New York No. 4821818, Suffolk CounW ~rm Expi~s S~ote~ber 30, 19 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 tELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FROM: RE: Frank Kujawski, Jr., President Board of Trustees Bennett Ortowski, Jr. Chairman Proposed Subdivision James Creek SCTM9 1000-122-3-t.4 DATE: December 26, 1989 for Alan Cardinale Attached please find a copy of the Declaration of Covenants and Restrictions for the ~bove mentioned subdivision. The Board will be placing restrictions on the land lying within seventy-five (75) feet of the wetlands. ~he terms of these conditions are stated in Condition N~ber 4 of the Covenants and Restrictions. The enclosed letter refers to changes that should be made to the Covenants and Restrictions that are dated November 20, 1989~ ~e Planning Board~s purpose in re~iring these Covenants and Restrictions is to mitigate the impact of development along the waters edge. Accordingly it has ensured that each lot is large enough that it can be developed without the need to disturb the 75~ buffer area. ~e applicant's request to place cesspools with 75 feet o~ the wetlands is unnecessary in light of the size and shape of the lot. Further, the Suffolk Comnty P!~lning Commission has been requiring the placement of Covenants :nd Restrictions prohibiting the location of either residences or sanitary disposal systems within t00 feet of tidal wetlands. Please review the above in reference to the waiver re~aest which is before your Board. enc. Iown Hall. 53095 Main Road P.O. Box t 179 Southotd. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Frank Kujawski, Jr., President Board of Trustees Bennett Orlowski, Jr. Chairman Proposed Subdivision for Alan Cardinale James Creek SCTM$ 1000-122-3-1.4 December 26, 1989 Attached please find a copy of the Declaration of Covenants and Restrictions for the above mentioned subdivision. The Board will be placing restrictions on the land lying within seventy-five (75) feet of the wetlands. The terms of these conditions are stated in Condition Number 4 of the Covenants and Restrictions. The enclosed letter refers to changes that should be made to the Covenants and Restrictions that are dated November 20, 1989. The Planning Board's purpose in requiring these Covenants and Restrictions is to mitigate the impact of development along the waters edge. Accordingly it has ensured that each lot is large enough that it can be developed without the need to disturb the 75' buffer area. The applicant's request to place cesspools with 75 feet of the wetlands is unnecessary in light of the size and shape of the lot. Further, the Suffolk County Planning Commission has been requiring the placement of Covenants and Restrictions prohibiting the location of either residences or sanitary disposal systems within 100 feet of ~idal wetlands. Please review the above in reference to the waiver request which is before your Board. enc. Town Hall. 53095 Main Road P.O. Box l 179 Southold. New York 11971 TELEPHONE (~ t61 765-t938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 26, 1989 Alan Cardinale P.O. Box 77 Mattituck Shopping Center Mattituck, New York 11952 RE: Alan Cardinale James Creek SCTM~ 1000-122-3-1.4 Dear Mr. Cardinale: The following actions were taken by the Planning Board on Monday,' December 18, 1989. It was RESOLVED to adopt the engineer's report dated December 11, 1989, and also to adopt the bond in the amount of $78,870.00, and to recommend same to the Town Board. It was noted that the revision to the bond includes the deletion of 2 street lights, and the addition of one firewell. Due to the change in the amount of the bond estimate, the inspection fee is also revised. The correct inspection fee is 4,732.20 dollars (6% of the bond estimate). The Planning Board continued to hold the public hearing open from November 20, 1989. The hearing will be keep open until the Planning Board receives and reviews any comments from the Suffolk County Planning Commission. Please note also that curb cut approval from the New York State Department of Transportation must be submitted prior to endorsement of the map by the Chairman. The proposed Covenants and Restrictions that were dated November 20, 1989, are not acceptable. The following changes must be'made (the numbers correspond to those in the draft): 4 a) must be changed to exclude bulkheads and retaining walls within 75 feet of the wetlands. 4 b) should be rewritten to make it clear that the "buffer area" is the same as the 75 foot setback area. Addition: Add a subsection requiring that there be no placement of sanitary disposal systems within 100 feet of the tidal wetlands. Please submit a revised draft, in proper legal form, to this office for review. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman enc ms COVENANTS & RESTR' by "Schedule A" would be designated Lot #4 and Premises at ~4 "Schedule B" represent the entzre premzses 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 for 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 of "Schedule A" Premises lying in the B (Business) Zoning Use District from that port,on of the "Schedule A" Premises lying in the R-80 (Residential) Zoning Use District so as no provide two separate and distinct building lots, each located fully within its respective Zoning Use District. such purposes determined to impose on said Premises covenan5s and restrictions and does hereby declare that said Premises shall be held subject to the following covenants and restrictions. 1. Declarann has made application to the Town of S6uthold Planning Board for approval of a subdivision wherezn Premises at THIS DECLARATION made this 20th d~ Alan A. Cardinale, residing at Main R~ hereinafter referred to as the Declar~ ~r of premises described in "Schedule A" annexed hereto desires to restrict t~e use and enjoyment of said Premises, and has for 3. There shall be no further subdivisions of Lots Numbered 1, 2 and 3 in perpetuity. &. 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, patzos, storage buildings, structures for the housing of domesticated aaimals, boat or other trailers, recreational vehicles, but shall non include retaining walls, bulkheads and decks provided all required governmental permits are obtained. b) The buffer area shall remain in its natural state. It is not no be cleared of the indigenous vegenation of the area. Nor shall it be mowed and planted no grass. c) The buffer area shall not be filled with either soil, 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 include the Board of Trustees and of Environmental Conservation. e) Any disturbance to shall be redressed natural state. applicable agencies, which may the New York State Deparnmenn the land within the easement by the restorations of said land to its prior f) No pro*i~io~ here~n will limit the owner's right aud pr±vile~e to make special application to the gover~in§ environmental authorities for the purpose of constructing required protective structures and landscape to assure againsn damage or diminished value to the property. Upon receiving the appropriate approvals, the allowable protective structures and landscape may be pun zn place without disturbance. ~LAN A. CARDINALE STATE OF NEW YORK : COUNTY OF SUFFOLK On the 20th day of November, Alan A. Cardinale, to me known and wh~ executed the foregoing he executed the same. 1989, b~fore me personally came no be the individual described in instrument, and acknowledged that Notary Public LAURIE E, GRAEB Notary Public, State ot New York No. 482181~, Suffolk CounW FRANK A. KUJAWSKI, JR., President ALBERT ]. KRUPSKI, JR., Vice-President JOHN ~i. BREDEI~EYER. III JOHN L- BEDNOSK[, JR. HENRY P. sr~ITH : -::~ '~- ' ' '"~ ~;2 ": BOARD OF TO~'N TI1USTEE$ TOWN OF SOIJTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 September 28, 1989 / / ~'~EPHONE '5161 765-1892 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Council Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Holzapfel: Transmitted herewith is a waiver request submitted by Alan A. Cardinale. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees FAK: jas ALAN A. CARDINALE REAL ESTATE MANG.EMENT & INVESTMENT P.O. BOX 77 M^TTITUCK, SHOPPING CENTER MATTtTUCK, L.I., N.Y ]1952 516-298-4223 September 27, 1989 Southold Town Hall Southold Town Board of Main Road Southold, NY 11971 Trustees Re: Wetlands Review James Creek Tax# 122-03-1.1 Dear Gentlemen: As instructed, I have enclosed for your review three surveys for a lot on James Creek in Mattituck. The Suffolk County Health Department has requested the review by both the DEC and the Southold Town Board of Trustees. The wetland setbacks are conservatively established to assure both approvals, however, the Suffolk County Health Department requires a letter of waiver. The lot mn review has been staked out by Peconic Surveyors and our office will be available if any further information or assistance is needed. Please find a check for $35. covering the inspection and review. Thank you in advance for your time and cooperation. Very truly yours, Alan A. Cardinale ALAN A. CARDINALE REAL ESTATE MANGEMENT & INVESTMENT P,O, BOX 77 MATTITUCK, SHOPPING CENTER MATTITUCK. L.I.. N.Y. 11952 516-298-4223 September 27, 1989 Southold Town Hall Southold Town Board Main Road Southold, NY 11971 of Trustees Re: Wetlands Review James Creek Tax# 122-03-1.1 Dear Gentlemen: As instructed, % have enclosed for your review three surveys for a lot on James Creek in Mattituck. The Suffolk County Health Department has requested the review by both the DEC and the Southold Town Board of Trustees. The wetland setbacks are conservatively established to assure both approvals, however, the Suffolk County Health Department requires a letter of waiver. The lot in review has been staked out by Peconic Surveyors and our office will be available if any further information or assistance is needed. Please find a check for $35. covering the inspection and review. Thank you in advance for your time and cooperation. Very truly yours, Alan A. Cardinale Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516'~ 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Frank Kujawski, Chairman Southoid Town Board of Trustees Bennett Ortowski, Jr., Chairman Southold Town Planning Board October 19~ !989 Alan CardinalefJ~mes Creek SCTM~ 1000-122-3-1.1 James Creek, Mattituck, N.Y. The Planning Board has received notification that the above mentioned application will be on your meeting tonight to review a propsal for a waiver. Please note that the Planning Board is reviewing a subdivision proposal for four (4) lots for this property. A map of this proposal is attached for your review. Please review the wetlands line and notify the Planning Board in writing as to whether or not you concur with the location of the line. Thank you in advance for your assistance. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (5161 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 26, 1989 Alan Cardinale P.O. Box 77 Mattituck Shopping Center Mattituck, New York 11952 RE: Alan Cardinale James Creek SCTM~ 1000-122-3-1.4 Dear Mr. Cardinale: The following actions were taken by the Planning Board on Monday, December 18, 1989. It was RESOLVED to adopt the engineer's report dated December ll, 1989, and also to adopt the bond in the amount of $78,870.00, and to recommend same to the Town Board. It was noted that the revision to the bond includes the deletion of 2 street lights, and the addition of one firewell. Due to the change in the amount of the bond estimate, the inspection fee is also revised. The correct inspection fee is 4,732.20 dollars (6% of the bond estimate). The Planning Board continued to hold the public hearing open from November 20, 1989. The hearing will be keep open until the Planning Board receives and reviews any comments from the Suffolk County Planning Commission. Please note also that curb cut approval from the New York State Department of Transportation must be submitted prior to endorsement of the map by the Chairman. The proposed Covenants and Restrictions that were dated November 20, 1989, are not acceptable. The following changes must be'made (the numbers corresPOnd to those in the draft): 4 a) must be changed to exclude bulkheads and retaining walls within 75 feet of the wetlands. 4 b) should be rewritten to make it clear that the "buffer area" is the same as the 75 foot setback area. Addition: Add a subsection requiring that there be no placement of sanitary disposal systems within 100 feet of the tidal wetlands. Please submit a revised draft, in proper legal form, to this office for review. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman enc ms COVENANTS & RESTR THIS DECLARATION made this 20th d er'¢ 1989}, by Alan A. Cardinale, residing at Main R< ~d~.~,J~.~w~ork, hereinafner referred to as the Declar~ aL, , ..... ~ ~'~FU ~'ner 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 #4 "Schedule B" represent the entire premises which are the subject of the four-lot subdivision. 2. As a condition for approval, acceptanQe and filing by the Town of Sonthold Planning Board for 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 of "Schedule A" Premises lying in the B Business) Zoning Use District from that portion of the "Schedule A" Premises lying in the R-80 (Residential) Zoning Use District so as to provide two separate and distinct building lots, each located fully within its respective Zoning Use District. 3. There shall be no further subdivisions of and 3 in perpetuity. Lots Numbered 4. 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 buildings, structures for the housing of domesticated animals, boat or other trailers, recreational vehicles, but shall not include retaining walls, bulkheads and decks provided all required governmental permits are obtained. b) The buffer area shall remain in its natural state. It is not to be cleared of the indigenous vegetation of the area. Nor shall it be mowed and planted to grass. c) The buffer area shall not be filled with either soil, 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 the New York State Department of Environmental Conservation. e) Any disturbance to the land within the easement shall be redressed by the restorations of said land to its prior natural state. 0 .( Lf~rL nN s~. y. State Lie. Land Stevey~.,_? 5'//- 4c? 7-'~ ¢'z / Date ' [ HERESY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE REQUIREMENTS OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD % "iHEREeY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS COMPLETED FEB, SC,[BBS AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · ACTUALLY EXIST AND THEIR POSITIONS ARE GEODETIC DETAILS ARE COR CT." CORRECTLY SHOWN AND ALL DIMENSIONAL AND ~RE CORR~C / HOWARD W, YOUNG, N.Y,S~ L.S. LIC. NO. 45893 "I HEREBY CERTIFY THAT THiS SUBDIVISION PLAN HAS SEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED ." BY DATE: ¢~AIRMAN, PLANNING BOARD THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. TYPICAL SEWAGE DISPOSAL SYSTEM USE S POOLSYSTEM FOR LOTS I , 2 ~ 3 TYPICAL WE~ ROAO ~TYPICAL PLOT PLAN THE WATER SUPPLY S SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY WITH THE G ffANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH, ,aWARD w. YOU,G. ~.Y.S.L.S. L,C. NO. 4BSG~ NEW now Oevaaka SUFFO L K or fOrmerly Realty Co. Inc. AVE N C /V,4L now or form,er///y James C. Gray, Sr. 8~/Peters .~o Gray / ~ ~/,~ ~ 6. ~100 Acres © ® 2.2194 2D099 Acres or or 96676 s.f. 87552 s.f. KNOWN I ~ Oo~, / 5.4619 Acres ~ ~ 237920 s.f. ~ SUFFOLK COUNTY DEPAETMENT OF HEALTH This is to codify that the pr~sed ar~nge~ntsjor, w~ supply and sew~dis~sal fora [~ ~ - ( ~ in the ~with a total Of ~ ~ ~ consLruction standards m effect at the time of COBstructiQn. Tiros approval shall be vahd only in the event said subdivision/devel. opment plan is duly filed with the County Clerk within 6 montl~s of this dale. Consent is hereby Eiven for the filing of this map on which this endorsement appears in the Office of the County Clerk accordance with previsions of the Public Heal[h Law an~ [h~ Suffolk Dl~c{o~ D~sI~ of Envimnmantal Quality SITE DATA, I.TOTAL AREA = 15.9012 ACRES or 692654 s.f. 2. ZONING USE DISTRICT: 'B' GENERAL BUSINESS 'R-80'RESIDENTIAL LOW DENSITY A 3. TOTAL NO. OF LOTS= 4 SUBDIVISION MAP ALAN A. CARDINALE AT MATTITUCK TOWN OF SOUTHOLD OWNER ~ J41~S P~ANBoAx ~'~DINALE SUFFOLK COUNTY, N.Y. O*~** ~ SUFFOLK COUNTY TAX MAP It fl . YOUNG.S YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, N.Y. ALDEN W. YOUNG, N,Y,G. P,E, S L.S, LIC. NO, [SS4§ HOWARD W. YOUNG, N.Y.C. L.G, LIC. NO.45SSB THOMAS C. WOLPERT, N,Y,S, P,E, LIC, NO, 6]485 NAG I SUR VE Y OF PROPERTY A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 122 03 - 1.1 ' ~o. ~'°~' ,~ Scale I" = 100' ~ July 25, 1989 ~ ~' i~. o~ w ~ TOTAL MAP AREA = 15.73acres. JAMEs Ct~EEK ~" ,~.. The water ~ly ~nd .ew~ ~ad ~ ~. ~ 89 - 272