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1000-6.-2-2
'.r f yf o � 1p / ,AaL �fr N (D . u r ,WI •r f • r,0 �� •�• lYfll • 40N. ' U , o •, , 1. MON. S 88°17'50"E •� y t _.!: w - 100.0Lu ffrl 1./ 4 , L•• 19 o tiV 1 _^ nt u• O � ',•' n.f .fv n.f � N / F T 8 .. • R R 0 O ANNETTE ZABOHONSKI o jLLJ , ,.f�f.1 z:, ""' ""'•',' "a ` r a.l N 75 MON. S 84016'00" �--� E � a' t • '� •Il 150.00' MON 03 0 ••• a + rr to 0 �o //\ c \ W w 'LOCATION MAP \ 0 / U 600 300 0 600 o o f/) - \ L1J 0 S: GRAPHIC SCALE IN FEET ° ,n (r - o NTEC\j / (� APPROXI z LIMITS OF X \ / WETLANDS S 690 15'30" E 1) OWNERS: LOT #2 PETER P. NITZE 355 LEXINGTON IV � MON. 22.00' NEW YORK, N.Y. 10017 \ / \\oN. Y- y \ I / W 6055.02 LOT #3.2 THOMAS D. DUFF, \ l ` MON. IS 34 HUNTER RD AINE G. DUFF \ N S 69°Is,3 MANCHESTER, CT 06040 MGN °'°�--/o °�03o ioo.o of MON. CRESCENT N-7\ 60 o 'vsgojs 'CRESCENT_ AVENUE 2) LOTS ARE LOCATED IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, STATE 2 3011 MON. _ OF NEW YORK, DISTRICT 1000, SECTION 006, BLOCK 2, LOTS 2 & 3.2 MON. 88.? N 85°30'00"W M0=_ �L �0 \ CENTERLINE 0� ° E) PROPOSED LANDS z 79'31 F � SI 37 50 0. I 3) UTILITIES ARE EXISTING. SITE IS SERVICED BY ON SITE WELL & SEWAGE SYSTEMS. p EASEMENT FOR y/ p N To BECOME PART gi UTILITIES ��k rn i321.95 / �--� OF LOT 32 /N ° 3 r SYSTSEPTEM M �� 4 PROPERTY IS LOCATED IN ZONING DISTRICT R-80 MON. i \ AREA= 64I AC. / o w N 598195 ) ' 11 _i cD O ro y W 2122.00 c� �p °02 to i \ l �r o - 1 ouSf 5` COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC 152.60 o ` \ w �- ) "PROS". • f/ J � o SURVEY TRIANGULATION STATION PROS . N o`x -` 0 0 o SECTION OO,5,BLOCK2 N ot 6) LOT AREAS: MCN`- / ( SECTION-006,BLOCK 2 LOT 2 l � Z \ \\ / 1z ( ) LOT 20/ 3.2 \ BLOCK & LOT EXISTING PROPOSED I P MON -�\ \ BLK 2, LOT 2 8.23t AC. 7.82t AC. N 85°45'30 W �S MON. 4514 BLK 2, LOT 3.2 1.02f AC. 1.43t AC. / �' 49a%8 - / o N 89°4820 E I P o 87 45 49 W `MONK S� 20?6,0 Gb/ // S 85030'30"E �0F N`I�'Y*,� h/ 60.00' ,P Pp H. S ��,', ,h"� • , O '^ r tiO ti`' M WALSH PARK BENEVOLENT CORP. z \ C7 ?/G MON. / o C0 �o. 049 5 �t ti P"7Z0F0&= LOT LI1 CaHAM a^ 0..78'LP• 45.36' MON) � �fR ARr=� FOR \\ -< I`V 850 45'30"W \ 0 46.14 APPROVED BY cD N_ / MION. / PLIAWNG BOARD THOMAS • Pu"T� • AI 6 • PU TOWN OF SOUTHOLD ANP DETAIL A/�/� _ w"" NOT 70 SCALE A E MAP, g g 4 T P. 1 4 Ioo so o loo GRAPHIC SCALE IN FEET CRF—SCENT A\/r=NUr— LEGEND: I SI-Ii?r.� 151.�cND, NEIN YO1�:fG I.P. IRON PIPE REVISIONS " I CHANDLER. PALMER 8k KING MON. M0NUI\41ENT DATE DESCRIPTION I '' f'1 o-� Architects, Engineers and Surveyors d N/F NOW OR FORMERLY 2/01/94 ADDITIONS a REVISIONS -�' 110 BROADWAY NORWICH, CT 05360 203-889-3397 FAX 203-886-7801 S.F. SQUARE FEET EXIST. EXISTING DATE: OCTOBER 14, 1993 FEB _ 7 I SCALE: I" = 100' 3 SHEET 1 OF 1 PLANNING BOARD MEMBERS s� r Richard G.Ward Chairman i y FSy Town Hall,53095 Main Road George Ritchie Latham Jr. P. O. Box 1179 �� Bennett Orlowski,Jr. r4a �, Southold, New York 11971 Mark S. McDonald / °;> Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 1994 Stephen L. Ham, III Matthews & Ham 45 Hampton, Rd. Southampton, NY 11968 Re: Proposed lot line change for Thomas D. Duff, Jr. & Elaine G. Duff & Peter Nitze SCTM# 1000-6-2-2 & 3 .2 Dear Mr. Ham: The following took place at a meeting of the Southold Town Planning Board on Monday, March 28, 1994 : The final public hearing, which was held at 7 : 30 P.M. , was closed. The following resolution was adopted: i WHEREAS, Thomas D. Duff, Jr_. , Elaine G. Duff and Peter Nitze are the owners of the property known and designated as SCTM# 1000-6-2-2 & 3 .2, located at Crescent Ave. on Fishers Island; and WHEREAS, this lot line change, to be known as proposed lot line change for Thomas D. Duff, Jr. , Elaine G. Duff and Peter Nitze is for a lot line change to subtract .41 of an acre from a 8 .23 acre parcel and add it to a 1.02 parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, . (Article 8) , Part 617, declared itself lead agency and issued a Negative Declaration on March 7, 1994; and Page 2 Proposed lot line change for Duff%Nitze March 28, 1994 WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on March 28, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met;. and now therefore BE IT RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated February 1, 1994 . Enclosed please find a copy of the map which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. Sincerely, . Richard G.�Ward Chairman enc. cc: Scott Russell, Assessors Office Thomas Fisher, Senior Building Inspector b 7 i I i PLANNING BOARD MEMBERS e"e RRo� yy�� Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. ;;a ,: ",' „.:,..:` r P. O. Box 1179 Bennett Orlowski,Jr. :, 'h." � Southold, New York 11971 ��,' , , Mark S.McDonald Fax(516)765-3136 Kenneth L. Edwards -:U Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES March 28, 1994 Present were: Richard G. Ward, Chairman Mark McDonald Bennett Orlowski, Jr. G. Ritchie Latham Kenneth Edwards Valerie Scopaz, Town Planner Melissa Spiro, Planner Martha Jones, Secretary Absent: Robert -Kassner, Site Plan Reviewer - Mr. Ward: Good evening. I 'd like to open the Planning Board meeting for March 28, 1994 . The first order of business is the setting of the next Planning Board meeting. Board to set Monday, April 18, 1994, at 7 :30 P.M. at Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board meeting. Mr. Orlowski: So moved. Mr. Edwards: Second. Mr. Ward: Motion moved- and seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward:- Opposed? Motion carried. PUBLIC HEARINGS Mr. Ward: Thomas D. Duff, Jr. , Elaine G. Duff and Peter P. Nitze.; - This lot line change is to subtract .41 of an acre from a 8 .23 acre parcel and add it to a 1 . 02 acre parcel on Fishers Island. Southold Town Planning Board 2 March, ?8, 1994 SCTM# 1000-2-2 & 3 .2 . Is there anybody here that would like to address the Board on this lot line change? If not, are there any comments from the Board? Mr. McDonald: Mr. Chairman, I make a motion to close the hearing. Mr. Edwards : Second. Mr. Ward: Motion seconded. All in favor? Ayes : Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I 'd like to make a further motion. WHEREAS, Thomas D. Duff, Jr. , Elaine G. Duff and Peter Nitze are the owners of the property known and designated as SCTM# 1000-6-2-2 & 3 .2, located at Crescent Ave. .on Fishers Island; and WHEREAS, this lot line change, to be known as proposed lot line change for Thomas D. Duff, Jr. , Elaine G. Duff and Peter Nitze is for a lot line change. to subtract .41 of an acre from a 8 .23 acre parcel and add it to a 1 . 02 parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8) , Part 617, declared itself lead agency and issued a Negative Declaration on March 7, 1994; and WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on March 28, 1994; and - -- WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and now therefore BE IT RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated February 1, - 1994 . Mr.. Edwards : Second the motion. Mr. Ward: All in favor? Ayes : Mr. McDonald, Mr. Orlowski, Mr. Edwards,- Mr.Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. (CHAIRMAN ENDORSED MAPS) Hearings Held Over From Previous Meetings 1 PUBLISHERS CERTIFICATE State of Connecticut ) County of New London, ) ss. New London On this 2 2 n d day of March A.D. 1994, personally appeared before the undersigned, a Notary Public, within and for said County and State, J . L . Zielinski Legal Advertising Clerk LEGAL 776 of THE DAY, a daily Town of Southold NoTice of Public Hearing NOTICE IS HEREBY GIVEN, that pursuant to Section 276 of the Town Law,a public hearing' newspaper published at New London, County of New will be held by The Southold Town Planning Board, at the Town Hall, Main Road, South- old, New York in said Town on New London, State of Connecticut, who being duly sworn, the 26th day of March, 1994 on the question of The following: 7:30 P.M. Public hearing for the proposed lot line change for Thomas D. Duff, Elaine G. Duff states on oath, that the Order of Notice in the case of and Peter P. Nitze, on Fishers Island, in the town of Southold, County of York, Suffolk CountyState Tax Map Number 1 petty i 3b Legal Adv . #7 7 6 The property is bordered on the north by Crescent Ave.; on the west and southwest by land now or formerly of Annette Zabohonski, and Crescent Ave.; and on the south and east by a true copy of which land now or formerly of Walsh Park Benevolent Corp. Any person desiring to be heard on the above matter should appear at the time and. place Specified. is hereunto annexed, was published in said newspaper in Dated:March 14,1994 By Order of the Southold T —Planning Board - its issues of the 17 t h days of March A.D. 1994. Subscribed and sworn to be re me this 2 2 n d Q [ day of March A.D. 19 9 4 fMARL28 1994 � � Notary Public. SOUTHOLD TOWN PLANNING BOARD RK� JC�,S a,lirurwttF, .... �e—��•�x.Na' ,,.. •� . .. .F._ +,.- fib ram;s aw.� - ., "I�: � _. �. r�DD NEW: NEGATIVE D E C L ARAT10 O3�15/�� 1 L1 2 � f �` "tIff r�l�� i ni4 7�o na ok�r, Ho l�, u K cow r 11 „ ......................................................................................................................................................................................................................................................................................... .. : :...................... ............... ................... .... .......... ...................................................................... E6,D AGENCY :::::::::::::473800 I'okry,n of SOUTHOL.D 5U�"FOLK County ............ . ... •, F CC arOlr D :::::Rl.,._nn 7 n Board ::::::::: .:::::::::::::::::::::::::::::::::::::::::::::::::.....irk a. ::.:.:..::::............:...:.:.:.:.:....:..:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ;, TITLE.....( . t N. Duff c P. NeLze ::::::type :...................................................:.............................................................................................................................................:............................................................................................................. .. �fE ...................................................................................................................... ................................................ FSCR.T.P'i'TON:::::5ubtract . 41 of an acre from a 8. 23 core parcel & add it to a ....................................... 1 . 02 acre parcel on Fishers Island. ........................................ , 1.. ....................................................................................................... •.•. •,-.,. 'i„U'.. TW i .'YKYY:Y.TF� . .......................................................................................•........... .:::::.::::::::::::::;:::::::::::::.:.:.:::::::::::::::::::::::::::::.::::.:::::::::::::::::::::::.:::::::::::.:::::::::::::::::::::::::::::::::::`' DrtTE RECE.0 JED . ................................................:...............................................................................................i;_ ..................... ........................................................... t Ex; :::::::Negative DecIarat:�.an::::::::::::::::::::O3I1.��1�3h�::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::11 a ....................................................................................................... ........... ......................... .. :: fl! r .... .................................................................... ............................................................................................................................................................................................................: TP, I US. ....P�.................................................................... .............................................. ........................................ : . ..............................................................:................................:........................................................................................................... < :::::::::::::::::: :.......................Normal �Jo�d:................................,;;�.......................................................................:..................................................................................................................................., . Conditioned:�aned: • ..... ....................... ....................................;::,........................................................................................................................................................................................................... ....................................... ..............:.................................... :..: .............................................. .................................................................................................... . ................................................................................:............. ...................................................................................................................................................................................... Rec 0 rFU ....................................... ................ nded............................................. ........................................................................................................................................................................................................... . ,>.....:., �•�.� „ � _ '. , ................ ................................::: Current Record .........................................:...........::::::::....................................":...:......::...::...:Ij P j • .�. .k ' r.r.: , ,.'RF;• a.'"-v3;, E -"' t d ♦N.,r4 ., A��M:...xri _M P O R'T°A I\T T > > F i 1 E2� D T u m.3:>e--r Dia- - 47 ___31a00 - 00891 Use the above number in all correspondence about this action! To the Lead Agency: The above information confirms that filings on the described Negative Declaration were officially received by, and entered in the SEOR Repository on the date(s) shown in the box headed DATE RECEIVED above. The date and time in the second line show when this document was printed. Please check the information above carefully. For corrections or questions contact Charles Lockrow, (518) 4.57-2224.., or-, write to: SEOR Repository NYSDEC Division of Regulatory Affairs 50 Wolf Road, Room 51.4. Albany, NY 12233 FFMAR CO �11994 ! 2 U Town of 5OUT�-iOLD P l a n n i n g Board SOUTHOLD TOWN 53095 Main Road--P. O. Box 1179 PLANNING80ARD Southold, NY 11971, STATE OF NE 'DRK) SS: UN/7.wY Or SUFFO ) E A ICE- V.>r71 AG. of Mattituck, in'- Notice _- TIC .of PubliBY GIVE - said County, being duly sworn, says that he/she NOTICE 1S HEREBY GIVEN that ' pursuant to Section 276 of the Town I is Principal Clerk Of THE SUFFOLK TIMES, a Law,a public hearing will be held by the Southold Town Planning Board,at Weekly Newspaper, published at Mattituck, in the Town Hall;Main Road,Southold, the Town of Southold, County of Suffolk and New York in said Town on the 28th day of March, 1994 on the question of State of New York, and that the Notice of which the following: 7:30 P.M. Public hearing for the ; the annexed is a printed copy, has been regular- proposed-lot line change for Thomas ly pub shed in said Newspaper once each week D. Duff,Elaine G. Duff and Peter P. Nitze,on Fishers Island, in the Town for weeks successively, c >pnencing on of Southold,County of Suffolk, State the 177 day of VVWch of New York. Suffolk County Tax Map Number 1000-2-2& - The property is bordered on the D (vN north by Crescent Ave.;on the west and southwest by land now or for- m erly of Annette Zabohonski, and MAR 8 1994 UxJlmr Crescent Ave.;and on the south and Principal Clerk east by land now or formerly of Walsh Park Benevolent Corp. Any person desiring to be heard on SOUTHOLD TOWN the above matter should appear at the PLANNING BOARD time and place specified. Onto a or rile th Dated:March 14,1994 BY ORDER OF THE day Of 1. _w SOUTHOLD TOWN ,- PLANNING BOARD MARY DIANA FOSTER Richard G.Ward - NOTARY PUBLI STATE OF NEW YORK Chairman NO.52-465552 SUFFOLK COUNTY COMMISSION EXPIRES AUGUST 31,1980 9s F � COUNTY OF SUFFOLK ss: STATE OF NEW YORK LEGAL NOTICE Notice of Public Hearing Patricia Wood, being duly sworn, says that she is the NOTICE ,IS HEREBY Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, GIVEN that pursuant to:Sec- a public newspaper printed at Southold, in Suffolk County; tion-276 of,the Town Law,.a . and that the notice of which the annexed is a printed copy, '.public hearing will be held by has been published in said Long Island Traveler-Watchman ;.the Southold Town Planning ., Boacd;�at'the.T wn-Hall;Main- once each week for . . . . . . . . . . :. . . . . . . . . .� . . . . weeks Rqadi;Southold,New York in aid'-Town on•the 28th day of �7 March 1994, on the question successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . of the.following: �j, 7:30 P.M.Public hearing for. day of . . �.!/.E . . ., 19 the proposed lot line change -: for Thomas D.Duff,Elaine G Duff and Peter P. Nitze, om.• • ' • • • • • • • • • • • ' • • . Fisliers Isalnd,in the Town of Southold;County'of Suffolk, .'Staid of New York. Suffolk - Cotinty .'Pax Map Number 1000-2-2•& 3.2 Sworn to before me this . . . . . . . . . . /7 . . . . . . . day of The property is bordered on the north by Crescent Avenue; � � 19 on the west and southwest by land now or formerly of An- nette Zabonhonski,and Cres- cenf'Avenue;and on the south and�,, east by', land now.or 'formerly ,of Walsh Park • • " • • • • • • • ' • • • • • • Benevolent Corp. . Notary Public BAR.BARA A.S.0*00 Any person desiring'to be NOTARY PUC,,IC, State of NOYatk heard on the above matter flo• 400GE-46 should-appear at the time and Qual's;s i i S `ttilk C Place above specified. Coni,�issiga ��rEs 3i�9� Dated: March 14, 1994 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G. Ward, s Chairman 1X-3/17/94(6) = a9iM41 � .PLANNING BOARD MEMBERS Town Hall,53095 Main Road Richard G.Ward, Chairman r�� r .: George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald Fax(516)765-3136 Kenneth L. Edwards =d Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 8, 1994 Stephen L. Ham, III Matthews & Ham 45 Hampton Rd. Southampton, NY 11968 j Re: Proposed lot line change for Thomas D. Duff,,'Jr. & Elaine G. Duff & .Peter Nitze SCTM# 1000-6-2-2 & 3 .2 IDear Mr. Ham: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 7, 1994 : BE IT RESOLVED, that the Southold Town Planning Board, acting under the State Environmental. Quality Review Act, establishes i itself lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration . BE IT RESOLVED that the Southold Town Planning Board set Monday, March 28, 1994 at 7 : 30 P.M. for a final public hearing on the maps dated February 1, 1994 . Enclosed please find a copy of the Negative Declaration for your records . ' sere y, j axe� i ichard G. Ward Chairman enc. i t i A i PLANNING BOARD MEMBERS Richard G.Ward Chairman Town Hall 53095 Main Road George Ritchie Latham,Jr. � 4 �^ P. O. Box 1179 Bennett Orlowski Jr. l' '' w R=° Southold New York 11971 Mark S. McDonald 7 � Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant March 7, 1994 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. i The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for Thomas D. Duff, Jr. & Elaine G. Duff & Peter Nitze SCTM#: 1000-6-2-2 & 3 .2 Location: Crescent Ave. , Fishers Island SEQR Status : Type I ( X ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No ( X ) Description of Action: II This lot line change is to subtract .41 of an acre from a 8 .23 acre parcel and add it to a 1.02 acre parcel on Fishers Island. I i i i 3 Page 2 SEQRA Negative Declaration - Duff/Nitze March 7, 1994 Reasons Supporting This Determination: This project involves a lot line change that will result in a non-conforming lot becoming larger; thus the change will not be a more intensive use of the land. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems . Design and flow specification, subsurface soil conditions, and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS) . This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits . An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert Kassner Address : Planning Board Telephone Number: (516) 765-1938 cc: Thomas Jorling, DEC Albany Suffolk County Dept. of Health Building Dept. Judith Terry, Town Clerk Applicant COUNTY OF SUFFOLK- =W� ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER February 28, 1994 R.G. Kassner Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 RE: Duffy/Nitze Lot Line Modification SCTM#: 1000-2-2-3.2 Dear Mr. Kassner: The Suffolk County Department of Health Services (SCDHS; "Department")has received your letter dated January 12, 1994, concerning the above-referenced project. The Department has no objection to your designation as lead agency. Based on a review of the subject coordination,the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s)established for this action. Also, these comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. The proposed lot line modification will not require Suffolk County Department of Health approval. However, future construction on the vacant parcel will require submission of an application to the Office of Water and Wastewater Management. The parcels are not contained within the Fishers Island Watershed Study Area. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details ar I-essential to the o � an � DIVISION OF ENVIRONMENTAL QUALITY COUNTY CENTER RIVERHEAD, N.Y. 1 1 901-3397 WR 21994 s 852-2100 t , WHHOLD TOWN PLANNING BOARD Letter to R.G. Kassner February 28, 1994 Page 2 review of this project. These considerations are reviewed completely at the time of SCDHS application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Thank you for opportunity to review this application. If you have any questions,please feel free to contact the Office of Ecology at 852-2078. Sincerely, l i, Kim er y Shaw Sr. Environmental Analyst Office of Ecology KS/amf cc: Vito Minei, P.E. Stephen Costa, P.E. Frank Dowling, SC Planning i Albert J. Krupski,President O��SVFFO��CO Town Hall G John Holzapfel, Vice President =� �� 53095 Main Road William G. Albertson y Z P.O. Box 1179 Martin H. Garrell Oy �� Southold, New York 11971 Peter Wenczel ?��l �a0 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Melissa Spiro, Planner FROM: Albert J. Krupski, Jr. RE: Thomas Duff, Jr. SCTM 41000-2-2-3 .2 DATE: February 16, 1994 After a review of the survey on the above referenced proposal, the activity is found to be out of the Trustees jurisdiction. If you have any further questions, please do not hesitate to ask. AJK:jmd FEB 1 61994 COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING February 16, 1994 Mr. Richard Ward, Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Plat Name: Minor Subdivision - Thomas & Elain Duff & Peter Nitze Tax Map No. : 1000-6-2-2 & 3.2 SCDP File No. : S-SD-94-02 Dear Mr. Ward: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination; however, this shall not be construed that the Commission has either approved or disapproved this particular plat. Very truly yours, Stephen M. Jones Director of. Planning S/s Frank Dowling, Principal Planner Subdivision Review Division FD:mb FEB 1 81994 A SOUTHOLD TOWN PLANNING BOARD H. LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE. NEW YORK 11788 ■ (516) 853-5192 FAX (516) 853-4044 MATTHEWS & HAM K ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON,N.Y.11968 516-283-2400 PH=B.MATTHEWS TELECOPIER 516-287-1076 (1012-1992) STEPHEN L.HAM,III February 4, 1994 Mr. Robert Kassner Planning Board Town of Southold Main Road Southold, NY 11971 Re: Proposed Lot Line Change - Properties of Thomas D. Duff, Jr. & Elaine G. Duff and Peter P. Nitze (SCTM # Is 1000-6-2-2 & 3 .2) Dear Bob: I have enclosed eight revised prints of the map showing the referenced lot line change. These prints reflect the data concerning the wetlands as requested in your letter to me of December 22, 1993 . Please let me know if you require any additional information or documentation. Sincerely, 14e've- 411-� Stephen L. Ham, III Enclosures 1 `' FEB 71994 PLANNING BOARD MEMBERS SCOTT L. RABBIS Supervisor Richard G.Ward,Chairman George Ritchie Latham,Jr. ' � " � '� iJ Town Hall,53095 Main Road C Bennett Orlowski,Jr. {z �� P.O. Box 1179 Mark S.McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 , PLANNING BOARD OFFICE rax(516)765- 1823 TOWN OF SOUTHOLD ,19 7zl Suffolk County Planning Commision H. Lee Dennison Executive Office Building - rthFloor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the I Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: P�d PosE]7 Lo7'1//yam fo� i Map Of -Tll��gsd��,4iyEpyFf�l� [j Hamlet/Locality E/Sh,d Y ^SL/,'n� S.C.-D.P.W. Topo No. : Zoningd) S.C. Tax Map No. 3 , ,Gol Major Sub. Minor Sub. GSite Plan Cluster MATERIAL SUBMITTED: 1 / Preliminary Plat (3 copies) I/ Road Profiles (1) i Drainage Plans (1) Topogroaphical Map (1) Site Plan ( 1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet I/ CONTINUED 1 REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted) (Type I) (Type II)Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3 . E.I.S. statement enclosed. (Yes) (No) . 4. The proposed division has rec approval from the S.C. Dept of Health. (Yes) No Comments: TAi Lar L.//v/ CJf10He6 1 L tp ri e-11- QiY i S fit 5 r S A-.0 E T zO9 Z' *GT/b/y S We request acknowledgement; of receipt of this referral (Yes) (No) Referral received 19 by Suffolk County Planning Commission and assigned File NO. 6;y ly yours, 1 and G. Ward Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman ' �'� SCOTT L. HARRIS George Ritchie Latham, Jr. �i, "'. Supervisor Richard G. Ward Mark S. McDonald Town Hall, 53095 Main Roac Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 l 19 �'3 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assum agency; and ing the responsibilities of lead . 3. Issues of concern which ` You believe should be evaluated. Enclosed please find a co ' Environmental Assessment Form (EAF) to ssist e sal and a completed You n your res I ponse. ' Project Name: sc7s� �oQd A - a- .3.A Requested Action: y� P $ • a3a� a. ' 0 2 amp SEQRA Classification: Type I ( ) Unlisted Contact Person: �� a (516)�7� �198 • Cry The lead agency will ,determine the need for an environmental impact statement (EIS) on this project. Within thirt the date of this letter please resand p in writing whether Y ( 30 ) days of ether or not you have an interest in being lead agency. Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to " status for this action. Your agency assuming lead agency ( ) Other. ( See comments below) . Comments: Please feel free to contact this office for f ther Information. S n e el , f2 D CC: Bc��f— gam �EBoard of Trustees Building' Department Southold Town Board Suffolk County Dept. of Health Services -*NYSDEC - Stony Brook NYSDEC - Albany S.r nnnt of Pt�Y�I i r Wn� r f—Eng 1:n2G-rS ion-- * Maps are enclosed for your review Coordinating agencies 14.16-2 (2/87)-7c 617.21 S ECI R Appendix A State Environmental duality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and-Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect-on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 'ART 1—PROJECT INFORMAT._A Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered--,- as part of the application for approval and may be subject to further verification and public review. Provide any additionalk information you believe will be needed to complete Parts 2 and'3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Lot Line Change for Thomas D. Duff, Jr. & Elaine G. Duff and Peter P. Nitze LOCATION OF ACTION (Include Street Address, Municipality and County) (no #) Crescent Avenue, Fishers Island, Town of Southold, County of Suffolk NAME OF APPLICANTISPONSOR Stephen am, , as agen Or BUSIN�STPHONE Thomas D. Duff, Jr. and Elaine G. Duff ADDRESS ( 51 -2400 45 Hampton Road CITY/PO STATE ZIP CODE TNY Southampton 11968 NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS ( ) CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION transfer of .41 acre parcel from premises owned by Peter P. Nitze (SCTM # 1000-6-2-2) to premises owned by Thomas D. Duff, Jr. and Elaine G. Duff (SCTM # 1000-6-2-3.2) to effect lot line change Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) ERural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: •41 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION ` Meadow or Brushland (Non-agricultural) .41 acres •41 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other'paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? Riverhead sandy loam a. Soil drainage: 12OWell drained. 100 % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, [low many acres of soil are classified within soil group 1 through 4 of the NYS� Land Classification System? NIA acres. (See 1 NYCRR 370). 4• Are there bedrock outcroppings on project site? ❑Yes CHINO a• What is depth to bedrock? e. 600 . (in feet) 2 5.' Approximate percentage of propo'c;,� project site with slopes: ®0-10% _00 % Ell 0-15% % 015% or greater , % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes [ENo 8. What is the depth of the water table? >17 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? R]Yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? INYes ❑No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes WNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes WNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? []Yes ®No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes lXNo 15. Streams within or contiguous to project area: none a. Name of Stream and name of River to which it is tributary 16. Lakes; ponds, wetland areas within or contiguous to project area: a. Name none b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? ®Yes ❑No b) If Yes, will improvements be necessary to allow connection? []Yes nN0 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes NNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? EYes ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes IRNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 1.02 acres. b. Project acreage to be developed: 0 acres initially; .01 acres ultimately. c. Project acreage to remain undeveloped •4 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces existing N/A ; proposed N/A g. Maximum vehicular trips generated per hour N/A (upon completion of project)? h. If residential: Number and type of housing units: One Family Two family Multiple Family Condominium Initially one Ultimately one i. Dimensions (in feet) of largest proposed structure _N/A_ height; width; length. J. Linear feet of frontage along a public thoroughfare project will occupy is? 100 ft. 3 Jw z.._... 2. How much natural material (i.,' f)ck, earth, etc.) will be removed from t, ite? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ❑No LAIN/A „ a. If yes, for what intend--' purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes . ❑No c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No C 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. .5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes 9No 6. If single phase project: Anticipated period of construction N/A months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? Dyes MNo 9. Number of jobs generated: during construction 0 after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects. or facilities? Dyes L]No If yes, explain 12. Is surface liquid waste disposal involved? Dyes [XlNo a. I`r yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Dyes ®No Type 14. Will surface area of an existing water body increase or decrease by, proposal? Dyes ®No Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes [JNo 16. Will the project generate solid waste? Dyes MNO a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes EZNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes ®No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes FC]NO 19. Will project routinely produce odors (more than one hour per day)? Dyes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes IMNo 21. Will project result in an increase in energy use? Dyes ®No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A_ gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? Dyes ®No If Yes, explain f 4 • 15. Approvals Required: Submittal type Date City, Town, Village Board ❑Yes LNNo City, Town, Village Planning Board E]Yes ❑No lot line change 12-9-93 City, Town Zoning Board ❑Yes IMNo City, County Health Department ❑Yes INNo Other Local Agencies ❑Yes ®No Other Regional Agencies ❑Yes 1%No State Agencies Dyes NNo Federal Agencies ❑Yes qNo C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? LXIYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan [Mother lot line change 2. What is the zoning classification(s)of the site? R-80 single—family residential 3. What is the maximum potential development of the site if developed as permitted by the present zoning? _parcel is adjunct to existing parcel containing one single—family dwelling 4. What is the proposed zoning of the site? same 5.. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/, mile radius of proposed action? R-80 single—family residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? ®Yes ' ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? N/A 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police; fire protection)? ❑Yes ®No a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes K]No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Thomas D. Duff, Jr. and Elaine G. Duff Date December 8, 1993 Signature _ L. t16. , =1 Title authorized agent St hen L. Ham, III If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment. 5 Part 2 EJECT IMPACTS AND THEIR I GNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact; also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be =� IMPACT ON LAND Moderate Large Mitigated By -1 : Will the proposed action result in a physical change to the project site? Impact Impact Project Change ONO [--]YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes ❑No, foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ ❑Yes El No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes El No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e.; rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ El Yes ❑No 2. Will there be an effect t-. _.,,y ur;;que or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc.)❑NO ❑YES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 1 2 Small to Potential 3 IMPACT ON WATER Can Impact fie 3. Will proposed action affect any water body designated as protected? Moderate Large Mitigated By. (Under Articles 15,24, 25 of the Environmental Conservation Law, ECL) Impact Impact Project Change ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ ❑Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. El El ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of'water ❑ ❑ El Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or.quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ El Yes ❑No C • Proposed Action requires use of a source of water that does not El ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ El Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ El Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ El Yes No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. _• • Proposed Action will likelv cause siltation or other discharge into an ❑ ❑ El Yes El No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ _ ❑ El Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes El No f� 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO O YES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑Yes ❑No 7 - r Small to Potential Can Impact Be Moderate' Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ El Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ONO • Other impacts: ❑ ❑ ❑Yes ONO IMPACT ON AIR 7. Will proposed action affect air quality? ONO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ONO refuse per hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ ❑Yes ONO to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas: • Other impacts: ❑ ❑ ❑Yes El No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ El Yes No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ El Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ONO 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ❑NO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ONO migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ El Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ONO DYES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricuIItural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.). 8 1 2 3 Small to-- Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes []No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ Dyes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes ❑No land management systems (e.g., subsurface drain lines, outlet ditches, t► strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO OYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ []Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views Fnown to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO OYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes ❑No project site. • Proposed Action will .occur in an area designated as sensitive for ❑ ❑ ❑Yes No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO ❑YES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. El ❑ ❑Yes El No • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON TRANSPORTATION I 2 3 Small to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By ONO DYES Impact Impact Project Change r Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ ❑Yes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO DYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes ❑No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ Dyes ❑No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ Dyes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - ONO DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ Dyes ❑No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ El Yes ❑No • Proposed Action will produce operating noise exceeding the local ❑ ❑ Dyes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ El Yes ❑No noise screen. Other impacts: ❑ ❑ Dyes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety? ONO DYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ El Yes ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in.any ❑ ❑ ❑Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, - infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ Dyes NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ Dyes El No 10 IMPACT ON GROWTH AND CHARACTER 2 3 OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be 18. Will proposed action affect the character of the existing community? Moderate Large Mitigated By' Examples Impact Project Change ONO OYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes No • Proposed action will cause a change in the density of land use. ❑ ❑ El Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ El Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes -- ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent,for future projects. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ El Yes []No • Other impacts: ❑ ❑ []Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO OYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections. to the project relate to this impact. (Continue on attachments) 11 0 14.14-11 (2!87)—gc 617.21 � Appendix S SEAR Environmental Quality Review III/11sual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-�A 1/4-1/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ' ❑ natural features?' • National Park Service lands? ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? — • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation?' • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? . • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) ❑Yes ❑No 3. Are any of the resources checked in question 1 used by the public during the time of year }� during which the project will be visible? ❑Yes ❑No 1 DESCRIPTION OF EXIb t iNG VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a mile *1 mile a Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond ❑ ❑ Cliffs, Overlooks ❑ ❑ Designated Open Space ❑ ❑ Flat ❑ ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed - 5. Are there visually similar projects within: *'/z mile ❑Yes ❑No *1 miles ❑Yes ❑No *2 miles ❑Yes ❑No *3 miles ❑Yes ❑No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ ❑ At a residence ❑ ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ i 2 I� PLANNING BOARD MEMBERS L' ' SC=L. HARRIS. J tp, < ,y., Supervisor +� Richard G.Ward.Chairman F George Ritchie Latham,Jr. Town Hall, 53095 Main Road Bennett Orlowski,Jr. P. O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE, rax(516)765- 1823 TOWN OF SOUTHOLD February 1, 1994 Stephen L. Ham, III Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Proposed lot line change for Thomas D. Duff, Jr. and Elaine G. Duff and Peter Nitze Fishers Island SCTM# 1000-6-2-2 & 3 . 2 Dear Mr. Ham: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January, 31, 1994: BE IT- RESOLVED, that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. This project is classified as a Type 1 action because it is located on Fishers Island which has been designated a Critical Environmental Area. Please contact this office if you have any questions regarding the above. S' cer 1 i Ward " Chairman 1 1 I _ - T ` 1 , i l: T-i7�•;2.t. . tE PLANNING BOARD MEMBERS � m SCOTT L. HARRIS Supervisor 3 Richard G.Ward.Chairman George Ritchie Latham,Jr. k �� � �• -;��� ,�'� � Town Hall, 53095 Main Road Bennett Orlowski,Jr. P.O. Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Telephone(516)765-1938 rax(51 s)7s5- 1 s23 TOWN OF SOUTHOLD December 22, 1993 Stephen L. Ham Matthews & Ham Attorneys and Counsellors at Law 45 Hampton Road Southampton, NY 11968 RE: Proposed Lot Line change for Thomas D. Duff, Jr. & Elaine G. Duff and Peter P. Nitze Zoning District: Low Density Residential (R-80) SCTM# 1000-6-2-2 & 3 . 2 Dear Mr. Ham: The Planning Board has received your letter of December 9, 1993 . The following changes/information are requested before the Board can proceed with its review: . The wetlands must be shown on the map. . Documentation should be provided to confirm the fact that the Duff lot was properly subdivided. I If you have any questions, or require additional information, please contact this office. obe to G. KasS4er �te r'Plan Revie er' CC: Thomas Fisher, Building Inspector In Charge A;Td81 1•b L Cevxs ��egs AT S.aw 46 ECAU N RRAD S017TEA UPTOx,N'.'Y.11068 n�e•ae3•a400 Fva> B. xxr w*q T-1=00M"n Sle•287-107e PAX TR&NSMISSION a®aa.,Yoa, Smimx L.lx.M Phony From,: Stephen L. Yam, III .mber of Paces V (including this page) If all pages are not received, call (516) 283-:5-400. MESSAGE: i DEC 2 2 110 j VEC-21-' a __ 47 T-0;RTER CHEIl 02115 589 Pl,asxming Hoard "7- August 269 1974 oorporationz that is responsible than and we have more ass'Zance that it is going to be the way it Should be as planned. y+� ,r Rear Walsh subdivision. DL-. and Mrs. Duff wid 'Stanley. S. Core sq. appeared. Va%. Wlcl%ham dead the correspondence .in the file. Mr. Wickham: We have two ways of hAndling this. Xr. Duff told me he feels he has had some financial suf±ering through no fault of his own. I poi.t out that there are a couple of wags this could be handled. One is to have this subdivision presented and :ve Preliminary appro"val upon which we can a"l ow the BiAl ding Inspeotbr to issue one building ye=it. wa y ay to handle it is as a casual sally' bLZt casua.l. sale as in ter preted by ouwr attorney is one sale . in approximately three year_- nd, thia would, preclude the pos;5ibi 4ty of a Subdivision like this or anything else for another three years. In a, subdivision before it is finally appro*red;#. there woul,d be a bond posted for satisfactory,performaxace of putting :fib .streets, etc. It would not be required ,that this accwss be improved at this time, In a casual. sale the Building inspector is in his right to withhold a. permit 'until the &cows is impx^Ovede Mr. Corwin: w came here at the invitation of the Building !nzPeotor and nQlt beir.,g retained by anybody. I al here on my t ,tm -imy in an effort to be helpful.. • I don It know what you are considering in reference to Mr. Duff in parti,c;ular. <<,r•. Wil:khanit 1 told VL". Duff over the phone that I thought he had been victimized., rjr: vorwin: Would you tell, me what is before the Pls;Lnin.g Board with reference to Mr. :Duff particularlyo Mr. wic klham: He is asking for Clarification of his position as the tee holder on the lot which is not in an approve'd subdivision at this time. nr. Cor ld nt Someone owns several acres of Land and h(. chose to sell a. paroel to Mr. 7htff azd he ohosa uo mare an appli- cation on it. It has nothing to rho with a slabdivision :nap. Th�.s Board hasn.' t any Puri sdl c tion at the moment. r,a1n, 'dlc:l�sham: One of the easleat was to get this thing stray. h�tened out is to get us to re ease a lot - in a sub- di ion. , Mr. Corwina There isn't going to be a subdivision.* Mr. Walsh 1,3 1wil.lin,g to withdraw his application. He is j�oing for a change o.f zar.e. D E ' — E_ �_ -' = L# =_ T) S i�a =. r=. i•1 :� T T f-i � L•�.t_:'. _.. !-i .- !•i r' _ _ c T .+ planning .� August 26, 1 W4 ��rlyd �"' Mr. wicidiam: TI-han Mr- Duff has wasted his time n conning here. Fes. lo.6 , Don' t you think this is a honafide subdy�r�osion? i4r.. Corwi.n a spolte to NL", Walsh about it for the first time Et ab�:�t s�ren� minute s to Five th�.s afternoon.. He Fever corsuit8d Me in r espeot to it, Howard Tex spoke to me of Y�i s{yyam�ate na°tyy �pp� zesl��.mi ag�to go{ for some multiple �^�ej sidenceq Zorning. 45+U�u�d..L Ja(✓i7Sde�sY � :Sei5r J. ilY a'ld h was yJ di Ag t�J dV with the m¢p Md he s'ajd he was going for multiple zo),iing. Mr. Raynor' lie presented a ske toh plan fora subdivision. 4..r. Cox,�:ina 11e Yeas a jegal bight to do this a ue can with drag t�°�em ife wishes, cause am Worm' FAIT« Duff has come be- cause of a miner ria.ssl be tweell tbi.s Board and someone from Hiss-AS eland. x am stye Mr. Walsh would resent the implioation that he was trying to take Mr- Dlff. ..' I am not going to pursue the matter any P rther but wl en a person sells a lot frc rj a sub di vi.s l on map, that is in our hanaa. i�.r. Cox°�t o Fje so,d it as a piece of, proper out of a .large piece lie happened to own. err. Raynor: I take it YOU are not representing anyorieE TiIr. Corwin! I am rep-esenti.ng him as far as saying he is of presenting a subdivision.i,on.. I have ho knowledge 'other H 3r, zed. me to make a contract with 1,41r. ff. p seta 41a surveyor oar;ed a piece out. He Xn®ws what Southold Towr'i oonsi.der s a casual sale, Mr. a� oriN f t ai s i goijag to be estab'li.shed, as a casual ;;ale, he. wokld be better off wi thdA awing the subdivision.' Mr. Corwill: The Building Tnspec dor is telling Mr. nuff not Ij'r. Walsh. 't was, however, ttp to the tiMe YOU indicated M,r. Walsh W©ad withdraw. . 1�.ra Ccz'�pin: Cf the 0,J.ox�s;he has he i.s�omeback considering and whe ant alte-^native of multi-010 Zon"I g. lie May. to s'abdi.vide. He caw. ever;iLe -dye option, VLvo Duff doesn't have aXj COP-trol over Mr. Walsh' s subdivision. . Mr. wilcidIam, One ®s -his options was to come over here and try; to work out Something. Vr. Raynor: `Tha Board has the option, of denying the prelim- inary plan submitted. 83 48 T-CARTER CHEV 02115 t35a9- Planning B AugUst On the basis of the fact that he bens out piece out` Mr. Ray-aor® n-jere are other eaef cien-Vies on the map. am aware of that. T think the problem insofar as Mr. nuef has� one how is really igith 14oward .ar_d it is strictly a gvies°tjort of access. Mr. Walsh has indicated a to p&,vo the ex' 'stir access which has 1Jeen used aims pr�or tQ 1918. • It Ls a grave'l road- in, part and it has some potholes in it. it is no worse than al,ot of other private roads �Aftare access has been given, , To the extent that Mr. Duff doesn' t omm the right®of-wayp Walsh is Willing to do What he is expected to do and to Howard' s Qatisf>aation, M^. Raynor: As s000q as we take action tonight. Dr l 'understarid that Mr. 'Walsh is .prepared .to . iiapro�r . 'i road x:4 meet the requirements of � euil�;inv Inspea�or�"7 Mir. Corwinl He is 4i ling to .meet the minimum of 288 of :he Town. Law.- yr. Wickham-. co"0d, he do that in a reasonable time? Mr. Corw`n: o SU.r'e. _ y� I� j .]�� Thursday. �1� I a`��. o ,.i 41.E + 18 U�) d v$2�J' hen wU.� �irigh W +�•�ursday. � hey. submitted al e-ppl ica.t,<on for it bait Y haven?t heard' back on.;. .,Lt. Dick Foyle' seat the plans from Fairfield Homes. The said l �� st: posed `Co see a fellow bar the name off' Tu�t��7._ to have a licensed on.gineer sign that building f,or Fa,i.rfiel.d homes. . . Rarnor: 1*t has td be a D7ew York State engineer, oregon Viow. Gary Olsen, Esq. , William Grape and Howard young appeared. Mj . W:1 ykxami The Highway Superintendent, 'both Diembe)7s of th,e Figrbtr ay Commi ttoe, 'both Town Engineers and the chairman of ,e pl arming Board went UP to inspect the work da;�e and we WI re i�o st U 1happy. S ha,-re a list of things .which are at t�,E leaj;,t riot Jr. order and at the most very serious. First Its the fact t-liat in Vol atjon of the requirements, there was no notification to the Highway Department or this board of when �.rcvements Were g�oirg to be constructed. Then in looking over 1t today at an on -zl to inspection we find four rointsat which the improvements departed subs;antial.l.y from tl-,e r eqi;irements. Our requirements state that there . shall ,,., be intef:,�s a'i curbing any place the grade is five percent -or over any. there were some ..aces nearl4 z���r�e percent �d there was no ilitegral curbing and V t�ers. Number two, the A=ORNMYS 421M COVTS--UOrzS tiT L" 46$.AX2TON ROAD SOVTZAXaaX-TO.V,N.Y.11968 PIC;s-b.4-Irrd. wl T COk�X4�818-�87-10�9�aa*-wa, PAX Mwsmis3iom Srar s�v L.2xv.m To: WOO KAMIVA -- Pt4gA1w1w* FAX: # r�� -^ 19'23 Phone From: Stephen L. Yam, III Da:e: 2 , �q�3 hun-ber of pages page) (including , i If a12 pages are not receave , call (515) 283-;5-400. I 1-4 47 T-OIRTER ariEI j 021:.5 #Sc9- Pl,anning 23c)ard, I� S �'?� Aucgust 2E, 1974 oorporati.on, +hat is responsib?e then and we have mobs. assvxance that it is going to be tho way it should be as pla=ed. .f A' r 1 Henry Walsh. subdi.visi.on •�/. Mr. and Mrs. Duff azid 'Staxley" S. Corwin .sq. appeared, Mr. j icil ham read the oo,.rrespondence in 'the file, > DIx. Wickham: We have two ways of handli.ng this. IY�. DL,.ff bold me he feels he has had some financial suffering 96.1i sough no fault of his own. I point out that there are a couple of WaYs this ooluld be hard,led. One is to have this subdivision pr•e rented and z ve preliminary approval. upon which we can a.L.:.ow th.o BiAld4ng Inspector to issue one building permit. Another way to handle it is as a casual sale' bue casus.1 sale as interpreted by. eux at"Corney is or-e sale in apur oximately* three }Yearn L*id. &his would: precl ode the pos'sibi.l 4 tyP of" a _ subdivision lied taxis or anything o Rsze for arother three years. In a subdi.vi8ion before It is fir-ally approved,,. "'Chcr;? would be a bond posted ..for satisfactory. per:borm2xaCe Of p,L;ttizig irk..streetsr +etc. It would not be required .4",hat this adce-ss be improved at this time, In a casual sal.o the " Building inspector is in his right to withhold a permit until the ac,ess is improved. Mir. w came here at the iinv.itation of the Building L::speotor and not bein.* ;retained by anybody., a� asm here on QD :Ay oitm nr`,me 1M exx eiofort to be help»ul. , I don't know what you are considering in reference to Mfr. I?uff in par .ti oular. <<,:, Wic:l&-am" 1 to" A 1,L". Duff over the phone that I thought he had been vjc imi�.ed. r1r, Corv:S r:: 1010tzid you tell, me what is before the P7 srini'ng Board with roferetce to Mir. :ruff particularly,, '+ ic`41= He is asking for Clarification of his po iti6n as the .tee holder on time lot which is not in an approved subdivlr,ion at this time. ; 1YLr. C'oZ"'+JLn: Someone owns several acres of land anti h(e ohose to sell s, parcel to Mr. Dul' ' and he ohose C-o make an app?i- cai-zon oz; it. It has nothing to do with a Is►abdi.vision map. 1~h'.s Board hasn' t any jurisdiction at the moment. �r" W C•1',.._,,-aM: One o:� the easiest wa s to 'get tlai$ thing ~trai, htened out is to get us to re. ease a lot - in a sub- di-vision. Corwinz There isn't going to be a subdivision.* Mr. , Walsh ij Willing to wI t'ladraw his application. Fe is go.i.ng for a charge bf ;or„e. Planning Bac1'd ��_ August 26, 1974 �' Mr. WiC daai�l: Sian T om. juff has wasted his tiEle In con:in, here. it. Noisa: . Don't .TUtz t i±14-� this is .ra bcr.afi�e siabdiv�:sian? Mir. Corwin: I spoke to ivi"-•. �Jalsh about gt for the first ti=e 6t a-bout twarL ty minutes to Five this afternoon. He never ecr5:a�tee me .4 r espeet to it. Howard Tex%'Pj spQks to one Of his alter4 atilfa desire to go foxy some m-:Ul-tiple reside:1ce �on'rgo i ,�5ecif �.�.y asked hla what he was go4ng t() dO with the Map end he said he was going for my tip'le poi* C2. Mr. Raynor: He preserted a ,ske oh plan for a subdivision. r. �.n; e has a �.e al :igh't t+� do this. ?'.e can w wh- draw then �b �e wishes. � am vc�rry 14r. Di..:ff has core be- csuse b: en t�h.iS hoard and someone from Y -r1 ccY ��q ,,r y� . .� ti i . 1 '' .�' iCZ..iid• S r;L: a..+ Mr, i1.�_r�.ciil ri�r7 u�� r�.uF�.+�.v lL e 1r$�n.'.p.ril aatlon that he G.-.- -1•r y ink to take �d zna f f• i �� V �+ Rr. w T o" g to Pursue the. ma-toter 8nd further 1'il�. YY�GSJCtl� .�s� .� G� s��✓t c.+.� H a 7 ab d1 v i s i ryn ln a , that ♦• iAien person sells rot ?ioi is i�i. v=- L and's. ifr. Cox+ti; .'tie sold it n.s a. p` ece Of- property aut ai' a he happened to ovM- i11r, Ray.or: .i take it you are not repres.entyn anyone. Mr. Corwin,, I an represen-cing him as far as s ayi'ng he is o't Pre en,ti"^`� sub-division. Z ha.`re' ho k11gw.,edge 'other h� zuthox i Zed me to make acontract with N . %1:2. He seid t s;:,a��peyor car�rcd a piece out. He knows ghat Southold Town cor:riders a casual sale, .r. Raynor: i� this ,is goi.zig to be estab"Ushed, as a casual a h? RJCt�� be �fi' fit✓ate' oi� � wttd�'.a�'r�� l� +r�Le sL?. .•'b��.i:�AT3. Buiid{ng Inspector is telling rh,. Duff not i*ir. VTa7 ski ,r,�.. Vr' c�.��:an: t •{,as, hGY7e4�ar, up to the tine you indicated Mr. Walsh would wi thdra,.�t. Cc�•�=ii1: Qf ;nQ options he has he is considering the Gl►:arr_�ti5:e oil m,ul i-n-1c 'Zoning. HO mey come taolt and want t to spa dim�c:o: iie can exercise tk�:e option, V . D`aff doesn t :e1rr? ��rly 00,troi Q ver i,L rj7aZsh ' s subdivision. t'r. 'h'j cE 24 ore os his options was to core over hire and t.y to wor_l, out [1 �,�.; 'i�a I^ard has t:le option of denying thE! prelim~ ayni-ary pj x-z subs it trd. rEl�-21•-'S3 48 T-CARTSR CH=V 02115 t'839-1 Planning &,"rd -}- Ausust 26, 19714 1,f&r. Coy gir.: On the bazis of the fact that he has out piece out` , vr. Ray-nrro There aro other deficiiencies on the map. lvLr. Coxvill. . am aware of teat. T thixlk the troblem insofar as VLr. nuff haz one now Is really with Howard .end it is strictly a o�uosti0A Of acce;,S. Per. Walsh has indicated a wil�.i:lg=less to i �px^ove th0 existing aocess which has been used since Prior M �.918- It ins a grave-4 road..in= part and it has some potholes i:, it. It is no worse than ;Llot of other private roade Vnere acyess has been given. ' To the e titen:: that ��i atf down'•t oven the r1 ght-oaf-idayp Walsh is wf�.lin to d® what ne is expected to do and to Howard' s aati.Bfactioxl. , i�.". f�1;�iZ.�r las soon as we take action tonight. jy`.v%. Wj Do 1 ` nd:-stand that Mr. 1�+slsh 3 s prep a.ree .tc ilnprava t.r4e road to meat the requ3 er+ents of the Du . ; Inspector? rrx. cor•�rin t a is wjILLng to .meet the mixUrlum of 288 of the" Tovr: Law.- Sir. ,W-4-1kr:ari:. Could he do that in a reasonable time? mr. Corwin; Sure. i i•�x. 1ff; ."'e szi.d eve--nythLng was alright Thursday. They.' s,�bmxtt ed ari applicat:.on .for it but Z haven?t hear'd back on.. it. Dick Foyle seat the plans from Fairfield Homes. They said T wass��ppose T d to see a follow by the name of �thil_ to Lave a lice see enginser sign that building for Fairfield, r l r. Rar.;o '. 'I't has to be a New York State engineer. f, Greaun Vow. Gory Olsen, Esq. , William 1refe and Howard Young appeared. . �Iz . w:1;1ta am s The H-I ghi,,ray Superin tandem$ both Membe,"s of ' Fijghtrray Cori-toe, both 20,m Engineera and the cl.�airman of the Pla,=Ung Board went up to inspect the work da;ae and we were most ianhappy. S have a list of things which are at the- 1Gajs'. z`_ot Jr. orde.- and at the most very serious. First is the .pact, -that i:j V,01ation of the requi-remer_tal there was nc roti..fl cati.aza to the Highway Department or this board ox when ®zi.•Movements were going to be constructed. Than In looking over It today a't an on-sate i.nspectiont we find four i o�.zl�s at whi ch the imp:-osre:ments departed aubstantially from the xaw;i.rements. 0%x repgai :'ements state that there shall be integral curbing. away place the grade is f'i.v6 percent or over. and- there were some It nearl� nine percent and there waa no 3.rite�ra�. . curing end gut�erg. Number two, the MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON,N.Y.11968 516-283-2400 PRIMP B.MATTHEWS TELECOPIER 516-287-1076 I1912.19021 STEPHEN L.HAM,III December 9, 1993 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Proposed Lot Line Change - Properties of Thomas D. Duff, Jr. & Elaine G. Duff and Peter P. Nitze (SCTM Vs 1000-6-2-2 & 3 . 2) Dear Sirs: In connection with the referenced application for a lot line change, I have enclosed the following: 1. Letter of authorization for Stephen L. Ham, III to act as agent for the applicants, Thomas D. Duff, Jr. and Elaine G. Duff. 2 . Letter approving the lot line change and setting forth its purpose, executed by Thomas D. Duff, Jr. and Elaine G. Duff. 3 . Photocopy of contract of sale of the subject parcel between the Duffs and Peter P. Nitze. 4. Affidavit regarding merger, executed and sworn to by Stephen L. Ham, III. 5. Photocopies of deeds recorded in Liber 7689 page 141, Liber 7730 page 418, and Liber 6226 page 303 . 6. Form letter regarding drainage, roads and grading. 7 . Long Environmental Assessment Form. 8. Application for Approval of Plat, duly acknowledged. ;N 7 9 . Our check to the Town of Southold in the amount of $50. d,rawca- 10. Questionnaire, duly acknowledged. 11. Eight prints of the survey showing the existing and proposed lots. 12. Copy of Certificate of Occupancy covering the dwelling on the parcel designated by SCTM No. 1000-6-2-3 .2 . Please review the enclosed documents and notify me immediately if any further information or documentation will be required before you can begin your review of this application. Very truly yours, a rJ L... DEC 13 19 Enclosures Stephen L. Ham, III T N OF SOUTHOLD PROPERTY , RrECORD. CARD OWNER STREET VILLAGE DIST.1 SUB. LOT ,;Er k)s z->? L'7 a Fib Rgv 4c �'i�Sc'i✓n�� r/�.. /�/ SAS S /S1 �� �t FORMER OWNER N E ACR. �REstw7� v �1, zARo/ . S S W TYPE OF BUILDING PP, Nirz � REST SEAS. VL. FARM COMM. CB.. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ---- .--'-- / —D a 4 U 0 d '✓ .S 7/J 017 1,'91 E /,r- /Soo L 2 0 o o c) Sy x 17Z 411t 7,5--,Fp 7 04 6s T .14 0 6 5-5 ci 6 " 9 - f . Tillable` 1' t r �`` ' _ �'`Y: FRONTAGE ON WATER Woodland b`` ', `', x' yam , � '��- __ FRONTAGE ON ROAD 7 �t S ' � frti 7�-' r{'V �2' r}! 4..�W" d Meadowland �` r tl .0 ,`a ' �} ,9, DEPTH Z s ' A j House Plott s~ E- L a BULKHEAD a,r•.:.•s4 .�.�r 1 xC„ "r P 'r ,�aa a °!it' z L..',�?� f,, ?r:.i''✓'f� ''1�'. :al...,+-. ' �.. ti• .t f t.r rr h. ? r,t�r r v .1 , - ' °r :ray� ;•- .';t ' �.. IT. .,. ,;E:: ;. ■■■�. ■■■OMEN MEN ONE No 0■■■■■■■ ■ ■ - .. . EMONE mom ■■■■ ■■■■■■■■■■ MEEMEME y ;Z f}t•. rip:-��+? '" ;'P.. r , .•-,- :P• ►1, ' -L.. 'ley(3:J k "..7".+'1 '•�R.C.� t.a,'a= NEON■■■■ =eta~; ,T;.: ,t + +.,,.,,,,. , ■■■■■■ NEON�,Epp ■■■■■■■■ ■■■■ ,:r.- -:tit : yY •: u... ::` ■�i■o■■■Omni■■■■■■■■■■■■■ IN ME Wiff MEEMMENINENNEENEENOMM ■■■ No �.' -- 1- ■■■■■■■!■■■!0!r■!■■■■■■■■■■■■ ■ ■■■■■■■■■■■■■■■■■■■■ ■■■■■■ ■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■ Ext. Walls •. Fire PlaceRooms Ist Floor •• =®Tecre Rooms 2nd Fl 0 ® �. Z _ z TOWN OF SOUTHOLD PROPERTY RECORD CAR® OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER t�j E ACR. C Y ,ogley3 - S W TYPE OF BUILDING 4 z� 6 Lo ti S RES. ' SEAS. VL. 3� FARM comm. CB. MICS. - Mkt. Value � --------------- LAND IMP. TOTAL DATE REMARKS �1 O 7 —0-0 — 6 X v - .f .. •-r AGE BUILDING CONDITION — NEW NCRMAL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable FRONTAGE ON WATER.. WoodlandRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD 1 �s Total DOCK ;; . COLOR TRIM Q . M. Bldg. Extension - I Extension Extension Foundation Bath Dinette Porch Basement Floors K, Porch Ext. Walls Interior Finish LR. Breezeway Fire Place Heat DR. Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B 01 B. Dormer Driveway Total a s f z x ti' i ..4A. � � ug,,L�3q fie_. �• iss C � _ i S i I-r _d _._ ';`rtw3*,.;f;. -•'� ... - — __ '. ;..yam=:�'� - .. ea�Ef v.en m � f C' tfa Lf• - SEC ]Ec Ml I>D • O ,._ ... _-J- . IV I I Ip f 11 z.Fl \ ! t.l.Iel .� ] so .. NT as Lpa•l. 4 ! tJ t L f.04M I.at(el f e s s 2� aa} •a• .. la.� to $ q ... \.. LN - (OPEN!NC[I NlOtkl L,� � �AZ , a'fA•',�� } PE104 TERS t �•� IA.;I� •�br LtNel z�.- ... ! \� .. Lx• I� �, • � L]. .� �asW o . zza 9 t. z p - e'er.�. •�'" ].ro "]al` ].Iz ...�• :�• •" _ as eA =` " pi ].] :It% rt,y :zu•+•zza U .e asz(el Lx♦ �: . iAN T f� ... •I., •! ]o!^°� LO• - . �• !l. ,. Tel , \ 1 •'e lAilq \�\� �_ "r •,./' z0.a .O=`.`• f I.ulel L]• II IO I1eld f `�1 I• •haloµ if Mel w. :�% � , ]a � IT V" tapl rt Is 4.2 . us ].� f � Lo• :IoNa t' z.].Icl - — •� La. ... e e � - vl.o•i / .]eo.. zo.f 0 cc 1.3A ..^.« Legend tFT Y° / © COUNTY OF SUFFOLK Tm-OF SOUTHOLD SECT*WM flOi-E,NAKE.1z. ••��� a^..L,. .,L •� Real Pro vtL4GC as 006 _4, Dw.w,C.r.O.+�_I I h ----i��. ' -- I9..• •• •^- -- o...o..w"^ .o --�— Property Tax Service Agency s.a.....^L.•L-. _---_Iv.. —"'—I ..o.wo L... _-.. Q s.�w r-^.... .x. >c.0�..Ier , Col,nlT Cenler nereler,a. 1000 o m, Rir.rhfod,L.I.,No.York - PROPERTY MAP �.r.«r....«........:...w.........w«n........s.w.w«..na.wwu.w.er...rwu:rNw..�uwlwwllFYeMWrMImMJIiE�INOAk1+M1N1ifAh.'+FM+ziHLs10NL�61MR1/$+IaM4MM.�b�Mk1z. � ...�t.,.r....,....•«....vn«.....,.�........,,,,.......,.....•-.. ,.. .,............................(, ,tip; tity� ..•. , _." .r THIS LOT LINE CHANGE BETWEEN _ ANC IS LOCATED ON IN SCTM# 1000- LOT LINE CHANGE , Complete application received Application reviewed at work session _ t�o.` oK � inro. OK Applicant advised of necessary revisions Revised submission received ,hro, oK '�°°L OK S� inro. Lead Agency Coordination ►� i-3�-°I \,SEQRA determination _3- 7- 1 Li Sent to County Planning Commission e' �-7—9 � oK y Di. V)Review of SCPC report Wall Draft Covenants and Restrictions received ,n, oK � Draft Covenants and Restrictions reviewed Pzb'L oK Filed Covenants and Restrictions received 9 Final Public Hearing Approval of Lot Line g Endorsement of Lot Line ms 1/1/90 APPLICATION FOR.APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: authorized agent of 1. The applicant is th0owner of record of the land under application. (If the applicant is not the owner of record of the land tinder application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .•Lot Line Change for Thomas D. Duff, Jr. . ... .. .. .. .. . . . . . .. .. .. .. .. . . .... .. .. . .. .. . .... .. . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: (Duff) Liber . .. . . 7689. .. .. .. .. . . .. . Page . .. .141.. .. . . . . .. .. .. . On August. .6:.1974. . . . (Duff) Liber . .. .. .7.739. ... . .. .... ... Page . . . .418.. .. . . . . . . . . . On (Nitze) Liber . .. .. .6226. .. .. .. .. . . .. . Page . .. .303.. .. . . . . .. .. .. • On . September• 25= 1967 . Liber . .. . . .. . . . . .. .. . . .. . . .. . Page . .. .. . ... .. . . .. . . .. ... On , Liber . .. .... .. .. .. ........ ... Page — .. . ... . . . . ... . . . ... On . . . .. .. . . .. .. ...... xstxl?exi�e x �eax x�x x x�i�rc3c , � fcx {x. .. . .*.correction.deed.. .... ... . ... . . aixXX x&Xp•ibm N . .. . . .. .. .. ............ .. . . .. . . . . .. .. . . . . . . .. .. .. . . .. ....... . ....... ... . . . . .. .. . . .. .. .. .. .... . . .. .... ................... . . . .. . . . . .. .. .. .. .... .. .. .. .. .. . ..... ........ .. . 5. The area of the land is . .. .. . 9,.•25. . ••.• • acres, total for both parcels, with .41 acre to be transferred from Nitze to Duff upon approval of this application. 6. All taxes which are liens on the land at the (late hereof have been paid except . . ... . . . . . .. . . . . . . . . . .. .. .. . 1993/94 taxes.. .. . ... . .. .. . . . . . . . . . . . . ..... . . . 7. The land is encumbered by . ...no• •• . mortgage. xx*,.jx1Ax (a) (jprytrr rr rinrrirri in T •1, pe` in nricrin�l�n��T,} of $. .. ..:. .. .. .. . unpaid amount $ . .. .. :. . . . . . . . . . . . . . . held by . . .. . . .... .. . . . ... .. . . .. .. .. . address . .. .... .. . . .. . .. .. . . . . . . . . . .. . . . . . . .. . . .. .. . . . . . . . . .. . . . . . . . (b) Mortgage recorded in Liber . . . . age . . . .. . . . . . . .. . . . .. . . .. . in original amount of . . . .. .. .. . . .. t amount $..... . . . . . . . .. . . . . . . .. . held t, �� ti u( U I S. �c . . . .. . . .... . . ..'.. .. ..... ... . . ... F DEC 1 .31993 _-QGQ;4Od i14 Libor. e. of ... .. . . .. . . . . . unpaid amount . . . . . . . .. . . . . . . .. . held by . . . .. . . .. .. . . ....... . . .. . . . . .. . . . . . . . . . .. address . . . . . .. . . . . . . . . .. .. .. .. .. . . .. . . . . S. There are no other encumbrances or liens against the land.excep . .. .. .. .. .. .. . . .... .. .. . . .. .. .. . . .. .. . . . . .. .. .. . . .. . . .. . . . . .. . . .. . . . . . . . . . . .. .. . . .. . . .. .. .. .. .. ... ... . .. ........ 9. The land lies in the following zoning use districts . . . .. .. .9—.60. ZWP. District. . .. , . . .. . .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. . . .. . . . . . . . . .. .. .. . . .. .. . . .. . . .. .. . .. . .. . ..... . . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise,iexx xxXx . . . .. .... . . .. .. .... .. .... .. .. .. ... . .. . . . . . . .. . . . . .. .. . . .. . . .. .. . . .. .. . . ... .. ... .. . . . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (XbCMXM=) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is Tisher.s Island. Rater.Yorks. . . .. . . . . .. . . . . . . ... . . . . . . .. . .. . . . . .. .. .. . 13. Water mains will be laid by . .. .. .. . . .N/A. . . . . . .. .. . . .. . . . . . . . . .. . . . . . ... . . . . ..... . . ... . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. .. existing .. . . .. . .. . . . . . .. .. .. ... .... . . .. .. .. .. . . . . .. .. . . .. .. .. . .. . . .. . . . . . Md)(X�X X�1=)K XX.bW7k:K*UAML 8 K. XMXMXXX 15. Gas mains will be installed by . .. .. . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show Same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $...Q. .. .. . as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .. .. .. .. . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE .. .. . .. .December 8 19 93 Thomas D. DUff, Jr. and. Elaine. G. Duff ... ..... .. .... . .... . (Name of Applicant) Y jIT (Signature and Title) Stephen L. Ham, III, authorized agent .45. .Hampt.m.ROM,. �.014t amgM,, M.;90. _ (Address) STATE OF NEW YORK, COUNTY OF . . . . . , SUFFPW. . . . .. .. . . . . . . . . .. ss On the . .. .. .8th.. .. . . .. . day of. . . .. . . DQQember. . . . . . . .. .. .. 19. 93 . , before me personally came . .. .. . . . . .�teplwl.L;,Ham, III. , . ,. , , , ,, . , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . . ..1}e. .. . executed the same. - ,ee�, 9AM&JA Notary Public "� Y i� .SW ot"yort 1a..52 491 Quaiified in SuWk Gbvtf�, Ndi h-_=Exert if umber 28, l 3 STATE OF-NEW YORK, COUNTY OF . . . .. . . . . . . . . . . .. .. . . . . . . . . . ss: On the . . . . . . . . . .. . . . . . day . . . . . . . .. .. . of . . . . . . . . . . . . . .. 19. .. .. ., before me personally came • • . . . . . .. . . . . . . . . . . . . . ... . to me known, who being by me duly sworn did de- pose and say that . . . .. . . .. .. . resides at No. . . . .. .. . . . . . . . . . . . . . . . . . . . . .. .. .. .. .. . .. . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . .. .. .. . . .. . . . . .. .. . . . . . . . is the . .. .. .'. .. . . . . . . . . .. . . . . .. .. . of . .. .. .. . . . . ... . . . . . .. . . . . . . .. . . . . .. . . . . . . . . .. . . .... .. . ... .... . . . ... . .. . . the corporation described in and which executed the foregoing instrument; that . .. .. . . . . .. . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. :111d tliat . . . . . . . .. . . . signed . .. .. .. .. . . .. . name thereto by like order. . . . . . .. . . .. .. .. .. .. . .... ... ... ... . Notary Public Standard N.Y.B.T.U. Form 8041 *-01 Rev. 11/78 -Contract of Sale WARNING: NO REPRE� 'ATION IS MADE THAT THIS FORM CONTRACT FOR THE SALE AND rK PURCHASE OF REAL ES___ E COMPLIES WITH SECTION 5.702 Gr &HE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. �ltP.tAtjlia►t Date: CONTRACT OF SALE made as o the Parties: d f h � day of � , 19 93 BETWEEN PETER P. NITZE Address: 355 Lexington Avenue New York , New York 10017 hereinafter called "SELLER", who agrees to sell, and THOMAS D. DUFF, JR. and ELAINE G. DUFF Address: 34 Hunter Road Manchester , Connecticut 06040 hereinafter called "PURCHASER", who agrees to buy: Premises: The property, including all buildings and improvements thereon (the "PREMISES") (more fully described on a separate page marked "Schedule A") and also known as: Street Address. Crescent Avenue, Fishers Island, New York Tax Map Designation: 10 0 0-6-2-p/o 2 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. Personal The sale also includes all fixtures and articles of personal property attached to or used in connection with the Property: PREMISES; finless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets,'mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges. refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting. Excluded from this sale are: Furniture and household furnishings, Purchase 1. a. The purchase price is $ 6 ,000. 00 Orice:- payable as follows: On the signing".of this contract, by check subject to collection: $ —0— By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S) : $ By a Purchase Money Note and Mortgage from PURCHASER (or.assigns) to SELLER: $ BALANCE AT CLOSING: $ 6,000. 00 If this sale is subject to an EXISTING MORTGAGE, the Purc!,! Money Note and Mortgage will also provitl that it will remain ject to the prior lien of any EXISTING ITGAGE even though the EXISTING MORT E is extended o . )dified in good faith. The Purchase Mon.., .lote and Mortgage shall be drawn on the standar orm of New York Board of Title Underwriters by,the attorney for SELLER. PURCHASER shall pay the mortgage r ording tax, recording fees and the attorney's fee in the amount of $ for its preparation. c. If any require ayments are made on an'EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principa mount of an EXISTING MORTGAGE below the amount shown in Paragraph 2, then the balance of the price payab t CLOSING will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that on payments required by the EXISTING MORTGAGE will be made. d. If there is a mortgage escrow count that is maintained for the purpose of paying taxes or insurance, etc., SELLER shall assign it to.PURCHASER, ' it can be assigned. In that event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSIN . Existing 2. The PREMISES will be conveyed subject to th continuing lien of "EXISTING MORTGAGE(S)" as follows: Mortgage(s): Mortgage now in the unpaid principal amount of $ and interest at the rate of per cent per year,presently payable in installments of $ which include principal,interest, and with any balance of principal being due and payable on SELLER hereby states that no EXISTING MORTGAGE c6ntains any provision that permits the hol of the mortgage to require its immediate payment in full or to change any other term thereof by reason of the t of C-LASIN . dcce table 3. All money payable under this contract, unless otherwise specified, shall be either: Fans: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER. up-te-the-amottntof della"-,-,&r d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 3A. Seller agrees to cause all mortgages , judgments or other liens or encumbrances in a liquidated amount affecting the Premises to be' dis- charged at or prior to closing. "Subject to" 4. The PREMISES are to be transferred subject to: y Provisions: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on, the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. 'Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. Any state of facts an accurate survey or personal inspection would- dsclose, provided title would not be rendered unmarketable thereby.. e. Covenants , restrictions , easements and agreements of record, provided the same . do not prohibit the use of the Premises for single- family residential purposes . Title Company 5. SELLER shall give and PURCHASER shall accept such title as any reputable title insurance company Approval: a member of The New York Board of Title Underwriters, will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. Closing 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this Defined and contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Form o/Deed: bargain and sale with covenant against grantor's acts deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required.by Section 13 of the Lien Law. If SELLER is's corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. Closing 7. CLOSING will take place at the office of Matthews & Ham, Southampton, New York Date and Place: per Section 25 . at o'clock on 19 Broker: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this saleyfWKl?hW x�t�ltllx�x�xac��yxt�[x��aicat���haacxao-x�crliari�grx6px�sara�aMx�cse�mcata�xe>�a$. Streets and 9. This sale includes all of "'LLER'S ownership and rights, if any, in land lying in the bed of any, street or sigument a highway, opened or propos in front of or adjoining the PREMISES he center line thereof. It also includes Unpaid any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to Awards: the PREMISES by reason of change of grade,of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require. to collect the award and damages. Mortgagee's 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty 130) days Certificate before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the or Letter as amount of the unpaid principal and interest date of maturity, and rate of interest. SELLER shall to Existing P P P y, pay the fees for Mortgage(s): recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. Compliance 11. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances orders or with Municipal requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, Department fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred Violations free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with and Orders: any authorizations necessary to make the searches that could disclose these matters. Omit if the b:-All obligations-affecting--the--PRFAHSIJS,incurred-pursuant to-the-AAministrative-Code-of-=the-Gity-of Property is Not New-y—mit-priorto-G T fICTNT11 2knd-payable-in-money-shall be-discharged-by-SELLER-at GLOSEVY—This-provision In the City o/ shall-survive-GLARI New York: NG. Installment 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in Assessments: annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. Apportion- e-following-are-tabu-appvrtiubed-a"f-midnight-uf-the-dar+dore-ELOSING: ments: (a) Rents_as and when collected. )-Int est on EXISTING MORTGAGE(S). (c) Premiums on existing transferable insurance policies and renewals of those expirin`g`pFit►r-to-CL G. (d) Taxes, water charges and sewer rents. on-tie-basis of the-fiseal--peed-for-whi-&-assessea�-gel;-i€-any. - -a h=ehargesy=if=any. Taxes shall be apportioned as of midnight of the day before CLOSING. If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. Water Meter 14. If there be a water meter on the PREMISES, SELLER shall furnish'a reading to a date not more than thirty (30) Readings: days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned'on the basis of such last reading. Allowance 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of for Unpaid any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a Taxes,Etc.: date not less than five 5 business da produced at CLOSING. ) Ys after CLOSING, provided that official bills therefor computed'to said date. are Use of 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, Purchase SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may Price to deposit money with the title insurance company employed b PURCHASER and required b it to assure its discharge; Pay P Y P YY q Y Encumbrances: but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees'to provide separate certified,checks as requested to assist in clearing up these matters. Affidavit as 17. If a title examination discloses judgments, bankruptcies o nkr same as or similar to t r other returns against persons having names the to umenes, that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing Etc.: that that they are not against SELLER. Deed Transfer 18. At CLOSING, SELLER shall deliver a certified check payable to-the order of the appropriate State, City or and County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or Recording recording of the deed together with an required tax return. PURCHASER agrees to duly complete the tax return Taxes: g � g Y q g Y P and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. Purchasers 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the Lien: PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. Seller's 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER's sole liability Inability to shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, Convey Limitation (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey of inspection charges. Upon such refund and payment this contract shall be considered cancelled, an&neither SELLER Liability: nor PURCHASER shall have any further rights against the other. Condition 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale Property: and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. Entire 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. Agreement: It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. Changes 23. This contract may n e changed or cancelled except in writing a contract shall also apply to and bind Mast be in the distributees, heirs, ext rs, administrators, successors and assigns he respective parties. Each of the parties Writing: g P� P hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. Singular 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may .ltso Means require it. Plural: 25 . The parties obligations hereunder are subject to the approval by the Town of Southold Planning Board of a lot line change permitting the transfer of the subject premises to Purchaser. The closing hereunder shall take place within twenty days of the granting by the Town of Southold Planning Board of final approval . The final approval may be conditioned upon the recording of deeds effecting the merger of the subject premises with the adjoining premises owned by Purchaser. Purchaser shall bear the cost and expense of obtaining such approval : If such approval is denied or if the Planning Board requires an application for a minor subdivisio to be filed before entertaining the application for a lot line change, then, unless in the latter case Purchaser elects to bear the expense of the minor subdivision application, either party. may thereafter cancel this contract. 26. The tax apportionment shall be based on the ratio between the area of the subject premises and the entire premises owned by Seller that are the subject of the relevant assessment. In Presence Of: Peter P. Nitze, Seller Thomas D. Duff, Jr., Pur aser Elaine G. Du", Purc ser Social Security Nos.: Peter P. Nitze Thomas D. Duff, Jr. Elaine G. Duff Closing of title under the within contract is hereby adjourned to 19 > , at ,at as of 19 ; title to be closed and all adjustments to be made as of Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated; _ 19 ..................................................................................................... Purchaser .................................................................................................... Assignee of Purchaser Ton#rar#,of flair PREMISES TITLE No. Section Block PETER P. NITZE Lot County or Town TO Street Numbered Address THOMAS D. DUFF, JR. and ELAINE G. DUFF Recorded At Request of RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITLE INSURANCE COMPANY Zip No. SCHEDULE A , To Contract of Sale Seller: Peter P. Nitze Purchaser: Thomas D. Duff, Jr. and Elaine G. Duff TF-W `I t 1993 Contract Dated: Neeex ALL that certain plot, piece or parcel of land, situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the southwesterly line of Crescent Avenue which said monument is located 6055.02 feet North of a point which is 2377 .62 feet West of another monument marking the United -States Coast and Geodetic Survey Triangulation Station "PROS" ; and RUNNING THENCE south 69 degrees 15 minutes 100.00 feet to a monument; 30 seconds East along said Avenue THENCE South 04 degrees 14 minutes 30 seconds West 240.00 feet to a monument; THENCE North 85 degrees 45 minutes 30 seconds West 46. 14 feet to an iron pipe; THENCE Norte t06 degrees 15 minutes or place3of seconds West272.97 feet to the monument AFFIDAVIT STATE OF NEW YORK ) ss. . COUNTY OF SUFFOLK ) STEPHEN L. HAM, III, being duly sworn, deposes and says: 1. I am the authorized agent of Thomas D. Duff, Jr. and Elaine G. Duff, owners of premises situate at. Fishers Island and designated on the Suffolk County Tax Map as District 1000, Section 6, Block 2, Lot 3.2, which premises are the subject of an application to the Planning Board of the Town of Southold for a lot line change. The foregoing lots are shown on a certain map prepared by Chandler, Palmer & King, dated October 14, 1993, and submitted to the Planning Board of the Town of Southold in connection with such application. 2. The proposed lot line change will be effected by the transfer to said tax lot 3.2 of an approximately .41-acre portion of a parcel adjoining on the west now owned by Peter P. Nitze, said latter parcel being designated on the Suffolk County Tax Map as District 1000, Section 6, Block 2, Lot 2 . 3 . I hereby affirm on behalf of the owners that, upon approval of the lot line change and upon the property transfer described above, the portion of said tax lot 2 now owned by Peter P. Nitze and to be transferred to tax lot 3.2 will merge with and become a part of such tax lot 3 .2 and will not at any time constitute a separate buildable parcel and that the deed effecting such transfer will so provide. 4 . I make this affidavit in order to induce the Planning Board of the Town of Southold to grant its approval to the proposed lot line change in accordance with the application . therefor. Stephen L. Ham, III Subscribed and Sworn to Before Me this 91�h Day ofDecember, 1993 �2';� +E. .lANE r1LLE8 Notary Public 97 FOJBUC,State of Caw rm� No.52-4916886 afitW in Suffolk founfx I 99 3 yiu 1tandar�4s4o.,_-1 Bargain and Sale Deed with Covenant against Gra Acts—Individual or Corporation(single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY- 9`y THIS INDENTURE, made the 1 day of ' June , nineteen hundred and seventy-four, �. �, 1� BETWEEN Henry M. Zabohonski and Annette M. Zabohonski, his wife, both �-�V residing at (no st. #) Crescent Avenue, Fisher's Island, New York, party of the first part, and Thomas D. Duff, Jr. , and Elaine G. Duff, his wife, both residing at 34 Hunter Road, Manchester, Connecticut, party of the second part, c ) WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration �0 paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs `{ 00 or successors and assigns of the party of the second part forever, CZ CZ ALL that certain P4�r pa feel of land, with the buildings and improvements thereon erected, situate, lying and being buthec at Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: f� Beginning at a monument on the southwesterly line of Crescent-Avenue at the dividing line between the herein conveyed tract and land now or formerly of Peter--Nitze, said monument being located 6062-Meet north of a point which is 2398. 19 feet west of another monument marking the United States Coast and ro Geodetic Survey Triangulation Station "PROS", and thence running south 40 14'30" �r.. C7- west, 240 feet to a monument; thence north 85*45130" west, 45. 36 feet to an iron; thence south 6°15'30" east, 38. 61 feet to a monument; thence south 86*50' l7 east, 141. 66 feet; thence south 85030180" east, 60 feet; thence north 4°30' east, 250 feet to said Avenue line; thence along said Avenue line, north 85*30100" west, f' 79. 31 feet; thence along said Avenue line, north 69015130" west, 88. 78 feet to the point of beginning- Being the same premises conveyed to the party of the first part by deed na de by West End Land Co. , Inc. , dated September 13, 1962, recorded October 9, 1962, in the Suffolk County Cle k's office, liber 5243 of conveyances at page 432. Subject to any state of facts an accurate-,survey might show, and to covenants, restrictions, easements, agreements, reservations, and zoning regulations of record, if any. y•.. REAL ESTATE , STATE OF TRANSFER TAX NEU'J. YO,RK cZ - _� "r Dept. of � w o, Taxation AUG-6774 1 .6.;5 0 N & Finance r.a 4.1oss - TOGETHER with all right,title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appur and all the estate and rights of the party of the first part in and to said ppremises; TO HAV AE ND TOs HOLD the premises herein granted unto the party of the second part, the hdrs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the partyof the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the.cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the acne for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. ' IN PRESENCE OF: enry aboliYnski Annette M. Zabohonski 11. iF .i: LIBER 7689 PAGE 142 / STATE OF NEW YORK, COUNTY OF SUFFOLK) Sst STATE OF-NEW YORK, COUNTY OF SSt On the day of June 1974 ,before me On the day of 19 ,before me personally came Henry M. Zabohonski and personally came Annette M. Zabohonski to me known to�be the.individuals described in and who to me known to be the individual described in and who executed the for oing instrume d acknowledged that executed the foregoing instrument,.and acknowledged that they ' ex ed he same. executed the same. CCORWIt4 'V0 Y.pU�B.L C,State of New York No. 52.5826401 ;Qualified In Suffolk County Commission Expires Match 3Q. STATE OF NEW YOM COUNTY OF SS- STATE OF NEW YORK, COUNTY OF SS: On the 'day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personal acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that 'he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Vargattc stub .6ttlit Bub SECTION WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK TITLE No. 1284854 Tot.. + ��' I,oT a COUNTY OR TOWN -of Southold Henry M. Zabohonski et ux TO AUG 6: 1974 Thomas D. Duff, Jr. , et UX Recorded At Request of American Title Insurance Company RETURN BY MAIL TO: STANDARD FORM OF John D. .'LaBelle, ES NEW YORK BOARD OF TITLE UNDERWRITERS q, LaBelle, - Rothenberg & Woodhouse, Esq . Distrr•buted by 843 Main Street § • Manchester, CT 06040 7� CONTINENTAL sEINcTE Ca�; TITLE Zip No. INSURANCE COMPANY A Member of The Continental Insurance Companies W u o O WJ, W !' W it C.>V" WsU_ r 1L! Au W nQ t A LEER 7730 418 - Standard N.Y.B.T.U. Form ow4-8-63—Quitclaim Deed-Individual or Corporation(single sheet) :ONSULT YOUR LAWffER BEFORE SIGNING,THIS IINSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAVIVERS ONLY.. THIS INDkNTURE,made the 25th day of September nineteen hundred and seventy-four, BETWEEN Henry M. Zabohonski and Annette M. Zabohonski, his wife, both residing at (no st. #) Crescent Avenue, Fisher's Island, New York, ao stamps required; party of the first part, and Thomas D. Duff, Jr. , and Elaine G. Duff, his wife, both ions less . than $100- residing at 34 Hunter Road, Manchester, Connecticut, party,of the second part, WTTNESSETH,that the party of the first part, in consideration of Ten Dollars paid by the party of the second, part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, tract ALL that certain pbWppks3F1 or parcel of land, with the buildings and improvements thereon erected, situate, lying and beings at Fishers Island, Town of Southold, County of Suffolk and State N of New .York, being bounded and described as follows: C` Beginning at a monument on the southwesterly.-line -of Crescent Avenue at the dividing line between the herein conveyed tract and land now'or formerly of Peter.Nitze, said monument being located", 60 62. 92 feet north of a point which is 2398. 19 feet west of another monument mrking the United States Coast and Geodetic Survey Triangulation Station "PROS", and thence running-south 4014130" west, 240 feet to a monument; thence north`85°45130" west, 45. 36 feet to an iron; thence south 6°15130" east, 38. 61 feet to a monument; thence south 86°50' east, 44.1: 66 feet; thence south 85*30130" east, 60 feet; thence.,north 4030' east, 250 feet to said Avenue line; thence along said Avenue line, north' 85°30'00" west, 79. 31 feet; thence along said Avenue line, north 69°15130" west, 88. 78 feet to the point of beginning. TOGETHER with the right, in common with others, to pass/and repass for purposes of normal ingress and egress from the northwesterly corner of the above described premises easterly and then southerly to Fox Avenue over an existing 50 foot right of way known as Crescent Avenue. SUBJECT to any state of facts an accurate survey might show, and to covenants, restrictions, easements, agreements, 'reservations, ,and zoning regulations of recot-d, if any. This=is-a correction deed given to correct the original conveyance made by and between the parties, to wit, Henry Nt:� Zabohonski, et ux, to Thomas D. Duff, Jr. , et ux, dated June 15, 1974, recorded August 6, 1974, in the Suf- folk County Clerk's office, liber 7689 of conveyances, page 141, wherein the easement for ingress and egress following the'metes and bounds description of the premises conveyed was omitted;;this quit ,claim deed is given to cor- rect that omission, as hereinabove set forth. TOGETHER with all right,title and interest,if any,of the party of the first part.of, in and to any streets and roads abutting the'above-described premises.to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first.part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the,heirs or successors and assigns of the party of the second part forever. AND the party of the first part,in compliance with Section I3 of the Lien Law;hereby covenants that the party of the first part will receive the consideration for this conveyanee,and will hold the right to receive such consid- eration as a trust fund to,be applied first for the purpose of paying the cost of the improvement and will apply, the same.first to the payment;of the cost of the improvetneat before using any part of the total of the same for any other purpose: The word "party" shall be,construed as if it read "parties" whenever the'sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the da and year st above written. . IN PRESENCE OF: \j eriry .7Zabo nski Annette M. Zabohonski h .7 T �� LIBER'7733. mcf 41fy" � STATE OF NEW YORK. COUNTY OF SUFFOLK) SS: STATE OF NEW YORK, COUNTY OF SS: On the45_C'_ day of Se tember 1974 ,before me On the day of` 19 , before me pp personally came .,Henry M. Za:bohonski and personally came Annette M. Zabohonski 'REAL ESTATE to me known to,be the individuals described in and who �� STATE OF �t ��. executed the foregoing instrument, and acknowledged that oz . �, . TRANSFER Tlai NEW'YO R K they executed the same. N� Dept' of o Taxation OCTI I'7A Z:0 0, 0.0 ylt & Finance p.eloqn5 � . UBLIC-------- L \U.4 ..A11U-1 t1 \\V V 1 bC.MMMn4�ltlntt e n NOICIT Public, State of New York No. 52-0028880 Qualified in Suffolk,Countp Term expires Match 30, STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: On the 4 day'of., J 19 ,before me .On the day of 19 , before me personally came personally came to me known,`wh'o being'by me duly sworn, did depose and lathe subscribing witness to the,-foregoing instrument; with say that he resides at No. Z whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is of c that he knows; the corporation described v in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument"-is such' corporate seal; that it was so' that he,,said subscribing witness, was present and saw affixed by order of board of directors of.said corpora- execute,the same; and,that - he,-said witness, tion, and that he sighed h. name thereto by like order. at the same time subscribed h " name as'witness-thereto. v .i QuttrIalllt Dab SECTION TG+ BLOCK TITLE No. -1284854` LOT v COUNTY OR TOWN of Southold ' Henry M. .Zabohonski et ux TO L , Thomas D. Duff, et ux _ Recorded At Request of American Title Insurance Company STANDARD FORM OF RETURN BY MAIL TO:. NEW YORK BOARD OF TITLE UNDERWRITER'S " 'Distributed by John D.- LaBelle, . Esq. ', • LaBelle, Rothenberg & Woodhouse, 843'Main Street Esgs. NATIONWIDE C 9MWE , TITLE - 'Manchester,, CT.., 06040 z A INSURANCE COMPANY' ' Zip No. GUARANTEED TITLE DIVISION W LL LL j Z t7ZZ - - - Uj 30 Ln LU to r_L_ ' O .� t� . W Cj ,,,VIII ' W WLU ^ r_, PLAiN- 1Nd,_-3'0AD T0M.- T p 'SOU .HQLD 1 SUrF'OL C01V TY Southold, N.Y. 11971 (516) 765-1933 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO TFiE PLANNING BOARD Please complete, sign and return to the Office of the -Planning Board with your completed applications forms. If your answer to any of the following questions is yes , please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are "there any wetland grasses on this parcel? Yes(Attached is a list• o-f the wetland grasses defined No by the Town Code, Chapter -97, for your reference) 2. Are there "any other premises under your ownership abutting this parcel? , Yes No 3 . Are there any building permits pending on this parcel? Yes ' No 4. Are- there any other. applications pending co4cerning this property before - any other department. o.r agency? (Town.. ,- State, County, etc. ) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parce.l.? Yes No 6. . Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property" have a valid certificate of occupancy, - if yes please submit .a copy of Same Yes No I certify that , the above statements are true and �•; • on b the Planning Board ill be relied y g in considering this application. Signature of p operty owner or a thorized a ent -December .a';. 1993 Stephen L. Ham, III, authprized agent g date • 1 r . Attachment to questionnaire for:.-the Planning Board STATE OF NEW YORK, COUNTY- OF SUFFOLK, ss: On the 8th _day of DPremh .r 19 93, before me personally came__Stephen L. Ham, III to me known to be the individual described in- and who executed the foregoing in'strume and acknowledged that he executed the same..._.....__,.. MAN Nota y Public � �� �\Wifind bi Suff ilk Wmb' i 3 lia D3mbar 28, f - .. �} DEC-09-'93 12:17 T-CRK i tK FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Oilice Southold, N. Y. Certificate Of Occupancy r No. .�. . , . . . . . Date . . . . . . . . . . . . . �14y. . . .25 THIS CERTIFIES that the building located at PVT ,RD! Cresgent, Ave. Extstreet Map No. .?a . . . . . . . . 131ock No. . . .?X . . . .Lot No, conforms substantially to the Application for Building permit heretofore filed in this office dated. . . . . . . . . . . . . .Aug .18, ., 19.74. pursuant to which Building Permit No. .7.5.$9Z dated . . . . . . . . . . .QC�, , .'I 9 . . , , 19. 74., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is The certificate is issued to . .ThP.s. .Duf#' ,&, N�f e. , , ownersl . . . . . . . . . . . . . . . . . of the aforesaid building. (owner, lessee or tenant) ; Suffolk County Department of Health Approval . .Water.OK,. ,SCIiD! Sewn. OK ,by, Cal Smith J j UNDERWRITERS CERTIFICATE No. .fs'(r�;5 .0?.1, , ROUSE NUMBER . . . .none . . . . . Street . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector I Thomas D. Duff, Jr. Elaine G. Duff 34 Hunter Road Manchester, CT 06040 December , 1993 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Premises at Fishers Island (SCTM # Is 1000-6-2-2 & 3 .2) Dear Board Members: The undersigned, Thomas D. Duff, Jr. and Elaine G. Duff, as owners of premises situate at Crescent Avenue, Fishers Island, New York (SCTM # 1000-6-2-3 .2) , hereby authorize Stephen L. Ham, III of Matthews & Ham, 45 Hampton Road, Southampton, New York 11968, to act as our agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of the proposed lot line change with respect to such premises in accordance with the Map prepared by Chandler, Palmer & King, dated October 14, 1993 , as the same may be revised from time to time. y tr , Thomas D. Duff, Jr. Elaine G.Auff ACKNOWLEDGMENT STATE OF CONNECTICUT ) SS. : ` COUNTY OF / ) On the day of December, 1993 , before me personally came Thomas D. Duff, Jr. and Elaine G. Duff, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary P�&lic •. r Thomas D. Duff, Jr. Elaine G. Duff 34 Hunter Road Manchester, CT 06040 December , 1993 Planning Board Town of Southold Main Road Southold, NY 11971 Re: Proposed Lot Line Change for Premises at Fishers Island SCTM # Is 1000-6-2-2 & 3.2) Dear Board Members: We are the owners of premises situate at Cresent Avenue, Fishers Island (SCTM # 1000-6-2-3 .2) . We are making application to your Board for a lot line change pursuant to which we will acquire from Peter P. Nitze an approximately .41-acre parcel of his property immediately adjoining ours on the west (SCTM # 1000-6-2-2) . The purpose of the lot line change is to increase our lot area to permit an addition to the existing dwelling on our property without the necessity for a variance to the Zoning Code. We hereby confirm our consent to the proposed lot line change in accordance with the plan prepared by Chandler, Palmer & King, dated October 14, 1993 and submitted with our application. r7 t s7, 4 Thomas D!Duff, Jr. Elaine G. uff ACKNOWLEDGMENT STATE OF CONNECTICUT ) S S COUNTY OF A� ) On the day of December, 1993, before me ,personally came Thomas D. Duff, Jr. and Elaine G. Duff, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that they executed the same. _ NotaryJ'Pulz icy G� December 8, 1993 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Lot Line Change for Thomas D. Duff, Jr. & Elaine G. Duff Gentlemen: and Peter P. Nitze SCTM #Is 1000-6-2-2 &. 3;,2 The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral 'fo the. Suffolk County Planning Commission: (1) No. grading, other than foundation excavation for a residential building Is. proposed. (2) No new roads are proposed and no changes aill be made in the grades of the existing roads . (3) No new drainage structures or alteration 'of existing structures are proposed. Your�s� truly, Stephen L. Ham, III, authorized agent f DART 1-PROJECT INFORMAM • Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered.— as part of the application for approval and maybe subject to further verification and public review. Provide any additiona!k information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Lot Line Change for Thomas D. Duff, Jr. & Elaine G. Duff and Peter P. Nitze LOCATION OF ACTION(Include Street Address, Municipality and County) (no #) Crescent- Avenue, Fishers Island, Town of Southold, County of Suffolk NAME OF APPLICANT/SPONSOR Stephen L. Ham, iii, as agent or' BUSINESS TELEPHONE Thomas D. Duff, Jr. and Elaine G. Duff ( 516)283-2400 ADDRESS 45 Hampton Road CITY/PO STATE ZIP CODE Southampton NY 11968 NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION transfer of .41 acre parcel from premises owned by Peter P. Nitze (SCTM # 1000-6-2-2) to premises owned by Thomas D. Duff, Jr. and Elaine G. Duff (SCTM # 1000-6-2-3.2) to effect lot line change Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑Urban ❑Industrial ❑Commercial ❑Residential (suburban) R]Rural (non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: .41 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) .41 acres •41 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? Riverhead sandy loam a. Soil drainage: MWell drained 100 % of site ❑Moderately well drained % of site ❑Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS` Land Classification System? NSA acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes tNo a. What is depth to bedrock? e. 600 (in feet) 2 : 14-16-2 (2187)-7c 617.21 S EQ R Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM L Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a projector action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists.a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted. Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not 'have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) . Date 1 5' Approximate percentage of prod project site with slopes: % ❑10-15% % ❑15% or greater % , 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes [5jNo 8. What is the depth of the water table? >1 7 (in feet) 9. Is site located over a primary, principal, or sole source aquifer? R)Yes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I2QYes ❑No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes WNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) ❑Yes WNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes ®No If yes, explain 14. Does the present site include scenic views known to be important to the community? ❑Yes MNo 15. Streams within or contiguous to project area: none a. Name of Stream and name of River to which it is tributary 16. Lakes,'-ponds, wetland areas within or contiguous to project area: a. Name none b. Size (In acres) 17. Is the site served by existing public utilities? ®Yes ❑No a) If Yes, does sufficient capacity exist to allow connection? ®Yes ❑No b) If Yes, will improvements. be necessary to allow connection? ❑Yes nNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ❑Yes INNo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? LIYes ❑No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes ERNo B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 1(02 acres. b. Project acreage to be developed: 0 acres initially; .01 acres ultimately. c. Project acreage to remain undeveloped •4 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces existing N/A proposed N/A g. Maximum vehicular trips generated per hour N/A (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially one Ultimately one L Dimensions (in feet) of largest proposed structure N/A height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 100 ft. 3 2. How much natural material (i.Ok, earth, etc.) will be removed from tee? 0 tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ❑No ON/A , a. If yes, for what intend.:, purpose is the site being reclaimed? _ b. Will topsoil be stockpiled for reclamation? ❑Yes ❑No c. Will upper subsoil be stockpiled for reclamation? I ❑Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑Yes ' LXNo 6. If single phase project: Anticipated period of construction N/A months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated -N/A (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ❑No 8. Will blasting occur during construction? ❑Yes 2 No 9. Number of jobs generated: during construction 0 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑Yes MNo If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes MNo a. If yes, indicate type of waste (sewage,'industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑Yes :®No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yes ®No Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes CNNo 16. Will the project generate solid waste? ❑Yes MNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ERNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes ®No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑Yes &INo 19. Will project routinely produce odors (more than one hour per day)? ❑Yes ®No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑Yes Q No 21. Will project result in an increase in energy use? ❑Yes ®No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes ®No J If Yes, explain 4 25. Approvals Required: Submittal Date City, Town, Village Board ❑Yes INNo City, Town, Village Planning Board Eyes ❑No lot line change 12-9-93 City, Town Zoning Board ❑Yes CENo City, County Health Department ❑Yes LNNo Other Local Agencies ❑Yes ®No Other Regional Agencies ❑Yes IMNo State Agencies Eyes 1�No Federal Agencies ❑Yes [�No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? l`XYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ❑subdivision ❑site plan ❑new/revision of master plan ❑resource management plan [Mother lot line change 2. What is the zoning classification(s)of the site? R-80 single—family residential 3. What is the maximum potential development of the site if developed as permitted by the present zoning? parcel is adjunct to existing parcel containing one single—family dwelling 4. What is the proposed zoning of the site? same 5.. What-is the maximum potential development of the site if developed as permitted by the proposed zoning? same C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ®Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/, mile radius of proposed action? R-80 single—family residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? ®Yes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? N/A 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police; fire protection)? Dyes ®No a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ONO 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes K]No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Thomas D. Duff, Jr. and Elaine G. Duff December 8, 1993 //,h� _/a Date Signature 4 L 71c: Title authorized agent Stel phen L. Ham, III If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 . Part 2 JECT IMPACTS AND THEIR (WNITUDE ' Responsibility,of Lead Agency ' General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks-that it be looked at further. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. .c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact," also check .the Yes box in column 3. A No response indicates that, such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be =� IMPACT ON LAND Moderate Large Mitigated By 1 Will the proposed action result in a physical change to the project site? Impact Impact Project Change ONO OYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes ❑No. foot of length), or where the general slopes in the.project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ El Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. (=7 ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e.; rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ El Yes ❑No 2. Will there be an effect tr. _..iy unique or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc.)❑NO DYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 2 3 IMPACT ON WATER Small 'to Potential „Can Impact Be ' ` ' Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ El Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ El Yes El No • Other impacts: ❑ ❑ ❑Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ONO ❑YES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ []Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? . ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No' C • Proposed Action requires use of a source of water that does not El El El Yes ❑No have approval to serve' proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ El Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ El Yes ❑N.o • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ El Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes El No day. _ • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes . El No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes ❑No products greater than 1,100 gallons. • Proposed Action.will allow residential uses in'areas without water ❑ ❑ ❑Yes El No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ Dyes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes ❑No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 • 2 3 Small to Potential Can Impact Be Moderate" Large ''MitigateO By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ El ❑Yes El • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ El Yes ❑No • Proposed Action will allow development in.a designated floodway. ❑ ❑ ❑Yes ❑Nd • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ONO DYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ El Yes []No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No refuse pet hour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ ❑Yes El No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ ❑ El Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes El No development within existing industrial areas: • Other impacts: ❑ ❑Yes El No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO DYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ El Yes El No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑Yes []No • Application of pesticide or herbicide more than twice a year, other ❑ . ❑ ❑Yes []No ' than for agricultural purposes. • Other impacts: ❑. ❑ ❑Yes El No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO DYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ El Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ONO DYES Examples that would apply to column 2 _ • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 2 3 Small to- Potential Can Impact BE Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ El Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes El No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ El Yes El No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 . Will proposed action affect aesthetic resources? ONO OYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible 'to users of ❑ ❑ ❑Yes El No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ El Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ Dyes El No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ El Yes' El No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO DYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 9 2 3 . IMPACT ON TRANSPORTATION Small to Potential Can Impact Be 14. Will there be an effect to existing transportation systems? Moderate Large Mitigated By, ONO OYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods. ❑ ❑ Eyes ❑No • Proposed Action will result in major traffic problems. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? ONO OYES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes El No any form of energy in the municipality. • Proposed Action will require the creation or extension of an energy ❑ ❑ ❑Yes El No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: ❑ ❑ El Yes ❑No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - ONO ❑YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes ONO facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ El Yes El No • Proposed Action will produce operating noise exceeding the local ❑ ❑ El Yes ❑No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PUBLIC HEALTH 17. Will Proposed Action affect public health and safety?. ONO OYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ El Yes ❑No substances(i.e. oil, pesticides, chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in.any ❑ ❑ ❑Yes. ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ ❑Yes ❑No gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ El Yes El NO within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ ❑Yes ❑No 10 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to' ' Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large . Mitigated By 18.. Will proposed action affect the character of the existing community? Impact Impact Project Change ONO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ El Yes El No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ ❑Yes El No • Proposed action will cause a change in the density of land use. ❑ ❑ El Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ ❑ El Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is' reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 14.14.11 (2!87)—gc 617.21 S EQ R Appendix R -te Environmental Quality Review „ Visual EAR' Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) - Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-'/4 1/4-1/2 1/2-3 3-5 5+ • A parcel of land which is dedicated to and available ❑ ❑ ❑ ❑ ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ ❑ ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ natural features? • National Park Service lands? ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal?(i.e., screened by summer foliage, but visible during other seasons) ❑Yes ❑No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? ❑Yes ❑No . 1 DESCRIPTION OF Ex'.'. ..'NG VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the sui'roundiny environment. Within y- *'/a mile *1 mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond ❑ ❑ Cliffs, Overlooks ❑ ❑ Designated Open Space ❑ ❑ Flat ❑ ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *'/z mile ❑Yes ❑No *1 miles El Yes ❑No *2 miles El Yes El No *3 miles El Yes El No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ ❑ -At a residence ❑ ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ A Other ❑ ❑ ❑ ❑ 2