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1000-51.-3-4.3
LONG ISLAND SOUND �I CL US TER MINOR MINOR SUBDIVISION L 0 T LINE CHANGE BRANDY C FOR m� � C� � O1 �` WLOFERRY !A FRANK PURITA ��ki 51 � APPROVED BY � � JUCJ 1 6 2005CNARDONNAYA T SOUTHD.LDpRiVE PLANNING BOARD TOWN OF SOUTHOLD _ Southold Toe^ TOWN OF SOUTHOLD------, DATESUFFOLK COUNTY, N. Y. 1000-51-03-4.3 SCALE: 1 '100' �oPOG NO V 6, 2002 DEC. 15, 2004 (REVISIONS) DEC. 11, 2002' (re vision) Dec. 31, 2004 (revisions) Boa DEC. 20, 2002 (additions) FEB. 3, 2005 (revision) NORTM ROAQ (o.R. 27) JAN. 10, 2003 revision } FEB. 22, 2005 (revision) -'--- / MARCH 23 2005 (certification) JAN. 15, 2003 (revision) MARCH 25, Y005 (addlllons) JAN. 17, 2003 (re vision) KEY MAP Apr11 /0, 2003 (reviisions) SCALE: 1'=600� JUNE /0, 2003 ( revision ) sll'' Dy °"° :`' � "' ,'`''' ) �.�0 June 20, 2003 (revisions) Aug. 4, 2003 (re✓i$ipinsJ Jan. 6, 2003 (re vlslo,ns`) Oct. 13, 2004 (re�'si;orlsJ SUFFOLK COUNTY DEPARTMENT OF HEAL TH SF_RVICf S 6tL%_, Oct. 27, 2004 (revision e�DC. eLDc. HAUPPAUGE, N. Y. Hous£ HSE DA I-E 'Ej 0 HSE. _—_-- �� B:DC THIS IS TO CERTIFY THA T rt f PROPOSED PEAL TY SUBDIVISION OR U�o "90 Q oD DEVEENT FOR Y t�n K 4 to r "I IN THE �03 s S . r> '�0. WITH A TOTAL OF..L0TS WAS APPROVED No- 035,, U � L BLDG. BLOC. ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL F FACILI TIES MUST CONFORM, TO CONSTRUCTION STANDARDS IN EFFEC T 'y moo. l'j��, ❑ EJ AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS THIS APPROVAL RO AL SHALL BE A V DULY FILED WITH THE COUNTY CLERK OWITH N ONE YEAROF THIS DA TE. ---- - EMIR CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS AlAP ON WHICH T - ------ s > / 58274'35 ti �O U THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN °303 _ o r E ', ACCORDANCE W/TH PROVISIONS OF THE PUBLIC HEAL TH LAW AND THE {CC _ ``� �ti/10 �e68 E -moo' - .- - 365.31' SUFFOLK COUNTY SANITARY CODE. 00 nl -1 \off �r0• N<D� G, --------' \ -� � .- . O '4c�e o ., , P.E. y5" Q N / DIRECTOR, DAPUION OF ENVIRONUENTAL OUALITY To a 661 \NOS \ 'c4C/�VrRy 36,0' /.. STO e,ct aDE4115, TANK GF h ---------------- m /00 # TEST 1 112'BLACK PVC GROUN l 112'BRASS P17LESS ADAPTOR �O WATER l l 1/2'160# TEST SCHEDULE 'A' PVC 3 F A R M F I £ L D S Z 5• STEEL CASWG v EN i 1 H.P. SUBMERSIBLE PUMP ' 5' STAINLESS STEEL SCREEN O rI I a P V. N. 88.26'50 W. 174.31' `-- 150-* h Z WEL L DE TA/L S, 1 LOT—0 - C)' -� y ` 1 Y \l QN 1 33.0' CL i o 00 �� `o o zo 40,00/ sq,j/ m AREA WETLANDS =0.8496 Acre f N ARF_A UPLANDS = 2/.673/ Acres a o o g° /I e TOTAL AREA = 22.5227 Acre Excludes V) W 3 J N) /�`-- -- S- &s•2F50,E. Evsemenl Q IT"►+. I5,o0• t�2 ® i 60, WILDBERRY LANE En i`` o m CHARDONNA Y DR. ' -1.1 , S 88*26501 E 175.00' ' 2Z5' - L0T i 2 i i 2 h � "``�`�'S I CERTIFIED TO, O �` woods 0_ 40,001 sq.fA ALB//VA SA WICKI to { FRANCO PUR/TA Q O N 1 t ,m PECONIC ABSTRACT, INC. 2 J N f ' �; I FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK nV OIT- 1� moos S, 88.26'50' F l I 37.0'175.00, ` 32.0' \` I Q, ti , O I Z LA �` 3e-0• in Z ✓ THIS IS 'TO CERTIFY THAT THE SUBDIVISION PLAT HAS BEEN APPROVED O !� W BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION O y cW 'N °'-1 ( 3 i tf OF APPROVAL DATED e I� LC at: r 1 O CHAIRMAN PLANNING BOARD Lij 373,56' ' Q �, co .5. 86• O Y s i ��� ; � I M � �,I ; 0330• E• 388.56•'_-- - -- _ _--r, � � �.. I,I BUILDING ENVELOPE I y AREA - 2.3904 3 Acres I W 2.250 A Gres exc/udin h i l HEREBY CE-R TIFY THA T THIS SUBDIVISION PL A T WAS MADE FROM ,v Eoserne.q/ ARv c,; ACTUAL SURVEYS COMPLETED/°/o6/a2 = THA T ALL MONUMENTS v I FR B `\' o SHOWN THUS, C ACTUALL Y EXIST AND THEIR POSITIONS ARE CORRECTL Y S 8E'03'30' E.o �� 1 J ' vi wi -SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. 45.00, y I'-N -----N86'03'30"W86 OQ 192.09 158. ---- _ J T. ME�' . , . . -- - - -— --- - S. L.S. L/C. N0. 496/8 0 C,o o O W 6 58.00'I 100.00' 86°03"30"W 170.56 ° Mo9Ll£ HOVE- � O I f'I' �� B6°033 4, I 45.00• o = t;p 120.00' ,,4" ^ /--3- 1 _yih P0.56 PROPOSED? o , 25. O~1 p" (�, 1 --!h. p 4i I �, LOT LINE f >_ TEST >; z L ► ►COI~ HOLE OLa� IIh1 ( 2to 6 �2 11119103 -�- /Z e/ 27 v f 1 Q., ?a' O I cn I { Q Are) — — DARK BROWN LOAM OL O V ? I 15.00�46.53' �j 4�`-----;W l0 Z :Y"_`O cp g T"• l N8 '03' .. •,58.00'I/ O /0 0 O HSE �pA 00 �`�• >�- ;. r/f BROWN SANDY SILT ML - 6 30 W - __21 5',3' 1°B5� fig°�,28 g,Op` ` w . �- ------- `°;` 1 5 6 NCR) o �Pro,o wczr'er �ia.i� � L`� ,r'- ✓ �bC Pif`� BROWN FINE TO COARSE SAND H ROAD (CR 27) Byte Sion O �•( 0Q ��- WITH 20% GRAVEL SW r^"JV7t v ` '� �� g��C• 11;Tc'' '� _ e 7.1 1000-51-03-4. 1 N/O/F CICILIA SAWICKI ►:' WATER IN BROWN FINE- 1000-51-03-6.1 N/0/F ALBINA & WAL TER SAWICKIQ- 0� , TO COARSE SAND WITH � �1a �FO��s� 20% GRA VEL SW 14 R HOUSE TOTAL AREA=28.2469 ACRES / HEREBY CERTIFY THA T THE WA TER SUPPL Y(S) ANDIOP, SEWAGE DISPOSAL TEST HOLE # 2 10,M . SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION WITNESSED --` sePrlc I BASED ON UPON A CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND ?CIUND 0 5 M„r TANK ' WATER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TO THE SUFFOLK C0'b NT Y SITE DATA ,o I I - DEPARTMENT OF HEAL TH SERVICES.CONS TRUCTION STANDARDS IN EFFECT AS OF TOPSOIL 1000-51-03-4.3 AREA=2Z 4093 ACRES (EXISTING). P mdt T THIS DA TE. — — 0.7' = f AREA 2 Z 0309--ACRES (PROPOSED) 5•,u,,4. L.P�e °t � 1000-51-03-6.1 AREA=17,000 S.F. (EXIST NG) E 3 AREA=26,860 S.F. (PROPOSED) coARSE 1000-51-03-4.1 AREA=19,485 S.F. EXISTING) - } OWNERS: AREA=26'111 S.F. (PROPOSED)SAND - �w,areR,uAW 1000-51-03-4.1•CICILIA SAWICKI - APPLICANT. ROAD — 597 STERLING CT. sW PECONIC LAND TRUST, INC. MAPLEWOOD, MIN. 55119 P.O. BOX 1776 TYPICAL PLOT PLAN 1000-51-03-4.3 WALTER SAWICKI 23' SOU THA MPTON, N. Y. 11969 CONNECT ALL RESIDENCISTO PUBLIC WATER 5535 OLD NORTH ROAD SOUTHOLD, N.Y. 11971 ZONING DISTRICT. A -C 1000-51--r03-6.1 ALBINA SAWICKI FIRE DISTRICT- SOUTH0�0 SCHOOL DISTRICT- SOUTHOLD 5535 OLD NORTH ROADSOUTHOLD, N.Y 11971 NOTE: CONTOUR LINES FROM "TOPOGRAPHIC MAP FIVE EASTERN TOWNS" ®=PIPE v=STAKE 0=REBAR p = WETLANDS FLAGS N. Y.S. LIC. NO. 49618 ANY ALTERATION OR ADD1770M TO THIS SU01>r,Y IS A WOLA77ON PECONIC SURVEYORS, P.C. WETLANDS AREA - 37009 sq. fl. OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW, (631) 765-5020 FAX (631) 765-1797 EY."EPT AS PER SECTION 7209—SUBDIVISION 2. "AL.L CER77FICAT/ONS p 0. BOX 909 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID b,AP OR COPIES BEAR THE IMPRESSED SEAL OF,3HE SURVEYOR 1230 TRAVELER STREET O�_30 A KHOSE SIGNATURE APPEARS'HEREON. SOUTHOLD, N. Y. 11971 `t r MAILING ADDRESS: 4.b� PLANNING BOARD MEMBL'___ OF SO P.O. Box 1179 JERILYN B.WOODHOUSE O�* yQl Southold, NY 11971 Chair Q OFFICE LOCATION: WILLL4M J. CREMERS Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 MARTIN H.SIDOR GEORGE D.SOLOMON �l (cor.Main Rd. &Youngs Ave.) 'Y�'um � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 23, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 N Re: Proposed Clustered Conservation Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-34.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board, at a Special Meeting held on Monday, August 22, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 27.03097acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.39-acre building envelope and a 65' x 148.68' building envelope in the north of the parcel for an agriculture structure. A 15' utility easement is also proposed over Lot 3; and WHEREAS; the subdivision is a cluster subdivision pursuant to Chapter A-106 of the Southold Town Code; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the Planning Board hereby rescinds condition (a) of Conditional Final Approval issued on August 8, 2005 which states "the submittal of documents indicating that.the applicant has closed with the County of Suffolk on the Lot 3 sale of development rights", be it therefore RESOLVED, that the Southold Town Planning Board grant Final Approval on the maps entitled Cluster Minor Subdivision, dated March 25, 2005 and authorize the Chairperson to endorse the maps subject to the fulfillment of following condition: The filing of the Covenant and Restrictions be submitted to this department on August 12, 2005 with the Office of the Suffolk County Clerk; and be it further Purita — Page Two*— 8/22/05 RESOLVED, that the Planning Board's approval of the final map shall be rendered null and void, and the approval"of.the subdivision invalid in the event that the closing of the development rights sale is not completed in accordance with the approved map and proof of such closing is not submitted to this department; and be it further RESOLVED, that the Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map.and proof of such closing is submitted to this department. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson cc: Bob Zaher, Land Management Specialist Melissa Spiro, Land Preservation Coordinatorw/map Building Dept. w/map Assessors w/map r� I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I IIIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 08/25/2005 Number of Pages: 6 At: 09 :15:38 AM Receipt Number : 05-0089205 LIBER: D00012405 PAGE: 659 District: Section: Block: Lot: 1000 051.00 03 . 00 004.007 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0 . 00 NO Notation $0. 00 NO Cert.Copies $5. 00 NO RPT $30 .00 NO SCTM $0 . 00 NO Fees Paid $78 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County Number of pages RECORDED TORRENS 2i 05 A ig 25 i 9.1 '8 AM Edward P.Romaine Serial# CLERK OF SUFFOLK CO iF-MY Certificate# L C OOO1'2405 r 659 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT. MTG. TAX R.P.T.5.A. 6 c o�� Dual Town Dual County . � Held for Appointment Comm. of Ed. 5. 00 m '. Transfer Tax �Q �z Mansion Tax Affidavit The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 13 family dwelling only. Sub Total YES or NO Other ,7 Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist.Co 00 Section 0 5 /d o Block O ,3 a o Lot o o g o o 7 5 Community Preservation Fund Real Property Consideration Amount $ Tax Service O?RO Agency iS/ps CPF Tax Due $ Verification Improved f Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD 3 /0QU � -1 41I1 P-6cZ— TD 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page ty This page forms part of the attached O �� Q �'a I�� 6' kk"'C `/ hVe 4:S (SPECIFY TYPE OF INSTRUMENT) �rC P� LCO The premises herein is situated in ,C LA'L 6WL PR 1- LJ.OL, SUFFOLK COUNTY, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101 and on or before May 31st Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tag payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes 250 East Main Street Shelter Island Town Hall Port Jefferson, N.Y. 11777 Shelter Island, N.Y. 11964 (631) 473-0236 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Edward P. Romaine Suffolk County Clerk dw 2/99 12-0104::07/02eg SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Franco Purita and Claudia Purita residing at 19995 Soundview Avenue, Southold New York 11971 this ifL� 7 day of August 2005, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES . 2 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows : A. Lot 3 includes 1 . 83 acres of clustered open space upon which no residential development rights exist . The Sale of Development rights purchase does not compensate owner for 1 . 83 acres of clustered open space. B. Lot 3 is subject to a utility easement to run water lines from North Road to lots 1 and 2 . The metes and bounds of the utility easement are placed on the map and the acreage of the easement excludes . 8496 acres from the sale of development rights . In the event that public water becomes available through Chardonnay Drive, this utility easement shall terminate and the lots will connect to public water from Chardonnay Drive . C. Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollution Elimination Discharge System (SPEDES) Program. D. This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres . The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02-01) , Albany, New York. E. Vehicular access to lots 1 and 2 shall be from Chardonnay Drive only. F. Vehicular access to any future residence within the 2 . 39 acre reserved area/building envelope on the south side of Lot 3 shall be from Old North Road only. G. The 65 x 148 . 88 building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure within the building envelope for living purposes is prohibited. H. The owners of Lot 3 are subject to Article XXII, Farmland Bill of Rights [Added 5-27-97 by Local Law No 11-1997] and Southold Town Code Section 100-220 By this Declaration future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Town of Southold. I . That final map shall be rendered null and void and the approval of the subdivision invalid in the event that the closing of the development rights sale is not completed and proof of such closing is not submitted to this department . J. The Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to this department . 3 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, Title number FNP-01126 AMENDED 3/22/2005 SCHEDULE "A" DESCRIPTION ALL THAT CERTAIN PLOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING AT SOUTHOLD, IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF NORTH ROAD (C.R.27)WHERE SAME IS INTERSECTED BY THE DIVISION LINE OF THE EASTERLY SIDE OF LAND NOW OR FORMERLY OF JOHN AND JOHN CALLAHAN AND THE NORTHERLY SIDE OF NORTH ROAD (C.R.27); RUNNING THENCE FROM SAID POINT OF BEGINNING ALONG LANDS NOW OR FORMERLY OF CALLAHAN THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1.) NORTH 3 DEGREES 56 MINUTES 30 SECONDS EAST 170.00 FEET; 2.) NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 192.09 FEET TO THE OPEN SPACE AREA ON MAP OF CHARDONNAY WOODS AT SOUTHOLD, FILE NUMBER 8822; RUNNING THENCE NORTH 1 DEGREE 33 MINUTES 10 SECONDS EAST 1047.02 FEET; THENCE NORTH 1 DEGREE 48 MINUTES 56 SECONDS EAST 692.86 FEET TO THE SOUTHERLY SIDE OF SOUND VIEW AVENUE; THENCE ALONG THE SOUTHERLY SIDE OF SOUND VIEW AVENUE THE FOLLOWING TWO (2)COURSES AND DISTANCES: 1.) SOUTH 70 DEGREES 30 MINUTES 35 SECONDS EAST 351.92 FEET; 2.) SOUTH 82 DEGREES 14 MINUTES 35 SECONDS EAST 365.31 FEET TO LAND NOW OR FORMERLY OF BETTINA CAILOLA; AN THENCE ALONG SAID LAND AN CONTINUING ALONG THE AGRICULTURAL RESERVED AREA ON MAP OF WILDBERRY FIELDS MAP NUMBER 10641, SOUTH 2 DEGREES 15 MINUTES 20 SECONDS WEST 1630.56 FEET; THENCE NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 170.56 FEET; THENCE NORTH 3 DEGREES 56 MINUTES 30 SECONDS EAST 10.00 FEET; THENCE NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 158.00 FEET; CONTINUED............... PAGE 2 .THENCE SOUTH 3 DEGREES 56 MINUTES 30 SECONDS WEST 170.00 FEET TO THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27); THENCE ALONG THE NORTHERLY SIDE OF NORTH ROAD (C.R. 27) NORTH 86 DEGREES 03 MINUTES 30 SECONDS WEST 146.53 FEET TO THE FIRST ABOVE MENTIONED DIVISION LINE OF LANDS NOW OR FORMERLY OF JOAN AND JOHN CALLAHAN AND THE POINT OR PLACE OF BEGINNING. f and/or rey'u-Lations may thereafter be revised, amended, or promulgated. 4 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof . 5 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of a majority plus one of the members of the Planning Board. 6 . If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or be held to unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional . F Anco Purita l Cl dia Purita ?j/ Ff - Co ei TIA PD ©r A,' State of New York ) STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY TBAT I HAVE COMPARED THE ANNEXED COPY OF DEED LIBER AT PAGE (OSq RECORDED 6 -a6-D5 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. r TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID OONTY AND COURT THIS DAY OF Q,c t o�m05 0T o �C�GGQ•K[/. OYN�1� CLERK ,.189.17197.9 ___ _ _ _ ___ _ _ ___ __ __ _ - --- - - rAm(Y1ICCIA►1 �Y/Ii�GC_i1117G Z r�hn-7 \ i THIS F S ON IS. FUR :4r V, __�"ON 2�,03ACRES OCATiJD ON SCTir1 1000- IN _ S G����} MINOR SUBDIVISION (NO ROAD) Complete application received -v < Application reviewed at work s Sion -13 iro.` OK ✓� -_ IMro, oK _ s _ Applicant advised of necessar revisions J j 0 d Revised sub mission received PZUT1 nJ 2- a ILMro. n o IEM txro. OK Sketch plan approval o -with conditions O`1' G--•n� i�-� '�- its ��-��- � �z ��� } r Lead Agen(-,/ Coordination 3 SEORA determination S a) Send to Fire Commissioner ' Z1 /744 t Receipt of fireweil location Notification to applicant to include on final map ' y r Sent to County Planning Commission i 4 Receipt of County Report cj z p3 ,ro.` oK v ' Review. of SCPC report � �J � � � Lath V C���{ A w�: l.�t„•�,' V 1 11� J !' Draft Covenants and Restrictions received f ixrv. oK Ala-) ®❑ 3 M rv, Draft Covenants and Restrictions reviewed , ` oK o Filed Covenants and Restrictions received � Receipt of mylars and paper prints with. G_LIS s 6 << < Health approval - Final Public Hearing ,�• 0 Approval'of subdivision -with conditions A&2 � 6' cr.IidorSC �i1t Uf �u`u div-siou VAI - -- - -&pprjuauium-.tu-r Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 6/u2prEy2 W ovoo2 �c�/b1�W,see r�, sl Lpr Lriv e ctlg vc 1. Name of Subdivision iq'w, A- • � 0W5e5 , 'j-T 7 o-ti? 5-U16O1NtSf01*V 2. Suffolk County Tax Map# /000--S7- 0,3 - 3 3. Hamlet C501..,r"aC-0 4. Street Location 5ou""llaw AvayyE ClIA"Oivv" PefvF 'j OGD NO2T7/ .eOA0- 5. Zoning District 4C 6. Date of Submission 7. Sketch Plan Approval Date le i /03 f 8. Preliminary Approval Date �/1 ) 9. Number of Lots Proposed / 10. Acreage of Open Space/Reserved Area pw2 e br3o2 7 -� 2445 11. Affordable Housing Units Proposed a I JGry _ Toryn 12. Percentage of Affordable Housing IV/A 13. If providing less than 25%Moderate Income Family Dwelling Units(M1FDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section Al06-11 (B) of the Town Code. 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Ganrsc el�4Trcw SUzDtV, or,) 15. Application prepared by wner [agent [] other Signature of Preparer. Date O15"�S� -iPPLICATION FOR APPROVAL O''r rLAT 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: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) Contract Vendee (owner Albina Sawicki) 2. The name of the subdivision is to be . Frank.Purita minor subdiv. . . .. . . . . . . . . . ..... . .. .. .. .. .. . . . .. . . . . . . . . . . �c.'�/-7'flCi virr/•► Gc���rv�y �. .s,�-�C: v:= D�—v: r�6;-t,i.�. � Z c7/�c.es, . . . .. .. .. .. .. .. .... .. . . .. .. .. ... .. .. . . . . . . . . . . . .. . . .. .. . . . . . . .. .. . .. . . . .. .. . . .. .. . . .. . . . . . . . .. . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) l�� /,o D 9y 0C- S^ 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ... . . .. ...... .. . ... . . .. . Page . .. .. .. . . .. ... . . . . . .. . On . .. .. .. .. .. .. .. . . . . .. . Liber . .... .... .. .. .......... . Page . . . .. .. . . . . . . . . .. .. .. . On . .. .. . . .. .. . . .. .. . . . .. , Liber . .. . . .. .. .. .. ...... .. .. . Page . . . .. .. .. .. .. . . .. . . .. . On Liber . . . . . .. .. .. .. . ... .. .. . . . Page . . . .. .. . . .. .. . . . . .. .. . On . .. . . .. .. .. .. .. . . . . .. . , Liber ... .. .... .. .. ........... Page . .. .. .. .. . . .. .. . . .. .. . On . .... .. . . .. .. .. .. .. . .. , as devised under the Last Will and Testament of .. . . . .. .. .. .. . . .. .. .. .. . . .. .. . . .. . ..... or as distributee . .. .. .. .. .. .. . .. . .. .... . . .. . . .. .. .. .. .. . ... .. .. ...... .. .. . .. ... . . . .... . . . .. . . .. .... .. .. ..... .. .. .... .................... . . . .. . . . .... . . ... . . . .. . . ..... ..... .. ... .......... . 5. The area of the land is ... 2.7...3. .. . . .. ... acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . .. .. .... .. . . . . .. .. .. .. . . .. .. . . .. .. .. .. .. .... . .. . . .... . .. .. . . . . . . . . .. .. .. .. .. . . .. . . .. . . . . . . .. . . . . . .... . . . . . none 7. The land is encumbered by . ... . .... .. .. .. .. .. .. .. .. .. .. . .. . .. . . .. ... ... . .. . .. .. . . . . . mortgage (s) as follows: (a) Mortgage recorded in Liber . . . . . .. . . .. . . . Page . .. . . .. . . . . .. . . . . . in original amount of $. .. .. . . . . . . .. . unpaid amount $ . . . .. . . . . . . :. . . . . . .. . held by . . . .. .. .. . . . . .. .. . . . .. . .. . . .. .. .. .. . address . .. .. ... . .. . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. .. . . . . . . . . . . . .. . . (b) Mortgage recorded in Liber . .. . . .. . . Page . . . . . . . .. .. .. . . . . . . . ... in original amount of . . . .. . . .. . . .. . unpaid amount $. .. .. . . . . . . . . .. . . . . . . . held by . .. .. .. .... . ... .. .. ... . .. .... .. .. .. . address . .. ..... . .. ... .. . . . . . . . . . . . .. .. .. . ... .. .. .. .. .. ... .. ... .. ...... (c) Mortgage r ded in Liber . . . . . . . . . . . . . . Page in original amount of id unpa amount $. . . . . : : . :: . . . .. . . . . . . . held by . .. . . . . . . . . . . .. .. . . . . . address 8. There are no other encumbrances or liens against the land except .. .. . . . . . . .. .. . . . . . . . . .. .. .. .. .. .. . . . .. .. . . . . .. . ... .. 9. The land lies in the following zoning use districts . . . . . . . . .... .. .. . . .. . . .. .. .. . . . . . . . . . . Agriculture/Residential AC 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept . .. .none.. .. .. .. .. .. .. . . . . .. .. . . ... . . . . . . . . . . .. .. .. . .... . .. .. .. .... . ... . . ..-. .. .. . . IL The applicant shall at his expense install all required public improvements. 12. The land (yin* (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . . . . .. . . . . . . . .. . . . . . . . . .. ...: .... .. ... . . .... . . ... . 13. Water mains will be laid by . . . none . . . . . .. .. .. .... .. .. .. . ...... . .... . . .. . . . . ... . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by applicant . . .. .. .' . . • • •• • •.••• •• •• • •• .• . . .. . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed b Y n/a � . .. .. .. .. .. . . .. . . .. .. . . .. .. . 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 "L"' 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 IIighway 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 sho%vs proposed streets which arc extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said Fxistin-I 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 col)y of proposed deed for lots shoi in;; all restrictions, covenants, etc. Annex Schedule "D". ` < 22. The applicant estimates that the cost of trading and required public improvements will be $. .� . .�.. . 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 Schedule "F". DATE (N me of Applicant) By . .. .. . . ... . .. . . .. .. .. .. ... . .. .. . . . . . . . . . . . . . (Signature and Title) . . . .. . . . . .. . . .. .. ........ .. ...... ... .. ..... . ... . (Address) STATE OF NEW YORK, COUNTY OF . . . . . . . . . .. . . .. .. .. .. .. .. .. .. . . :. ss: UD 3 On the . . . .. .A?.. . . .. .. . day of. .. . . . . .. . . . .. .. . . ...��. . . . ., before me personally came • ••.•.•• • •... •. .. .. ...... .. .. .. .. . . ...... . . . to ine known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 - . . . . . . .. . . . . .. .... .... . .. .. .. . . .. .. ... . Commission Expires June 16,'ZjW otary Public STATE OF NEW YORK, COUNTY OF . .. .. .. . . .. .. . . . . ...... .... . ss: On the . .. . .. . .. .. . . .. . day . .. .. .. .. . .. of . . . . . .. . . . ... .1 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. Mid tli:it . . . . . . . .. . . . signed . .. .. ..... . .. . name thereto by like order. . . .. . .. .. .. .. . . .. .. ... . .... .. . .. .. .. . ...... . Notary Public 9d rQ�� J � P "k.NIV NL `f T0 LD S Y Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED " WITH YOUR APPLICATIONS FORMS TO THE 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 of the wetland grasses define 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 concerning this property before any other department or agency? (Town , State, County, etc. ) Yes No !'LiNf,61& 60, ' 7 -- zc;i--L;/V� cH'�I rVbC lo y" 5. Is there any application pending before any other agency with regard to a different project on this parcel? 5G,vim- Yes No 6. Was this property the subject of any prior application to the Planning Board? [,O„ Line- Yes • No 7. Does this property have a valid certificate of occupancy, if yes please submit..a .00py of same Yes No I certify that the above statements are true and will be relied on by the, Planning rd in conside-ring this application. Sign/ature of property owner or authorized agent date Attachment to ques >nnaire for:,-the Planning I rd F'V STATE OF NEW YORK, COUNTY OF SUFFOLKKn,,, ss : On the 16 day of ,,,-19_, before me personally came �y� � /mow, -� to me known to be the c individual described in- and who executed the foregoing instrument, and acknowledged that ;�e- executed�,.tth-sa e. Nolt7ary Public PATRICIA C. MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16, 9�' APPI,LCANT TRANSACTIONAL DLSCLOSURR PORN Tile 'Town of Southold's Code of EL-llics_prohibits conflicts of Interest on the part of town officers and employees. The pur oosse of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever acl;lon_Is necessary to avoid same. YOUR NAME! /Vi _ (Last name, first name, micITte iniL-ial, unless you are applying in the name oC- someone else or. other entity, such as a company. If so, Indicate the other person 's or company's name. ) NATURE OF APPLICATION: (Check at.]. Lliat apply. ) Tax _grievance Variance Change of zone Approval of plat _ Exemption from plat or orCicial map Other -- (IE "Other, " name the activity. ) Do you personally (or through your company, spoune, nifu.11.ng, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of. Southold Title or position of that person Describe the relationship between yourself ( tile applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); 13) the legal or beneficial owner of any interest in a noncorporaL•e entity (when the applicant is not a corporation) ; C) an officer, director, partner. , or employee of the applicant- ; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of,. 9 Signature -- Print name Southold Town Planning Board Town Hall Southold, New York 11971 Re : Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to 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 will be made in the grades of the existing roads . (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, 14-16-2 (2/87)-7c 617.21 SEQR Appendix A State Environmental Quality 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 r Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from responsible officer) Date 1 PART 1—PROJECT INFORMA' N 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 additiona!( 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. r NAME OF ACTION f17/iVU(a �;U%$n I Vi S /O A,) LOCATION OF ACTION (Include Street Address, Municipality and Countvf B Tar •,' Gs 7 ~n 5 C1 J1,1» v raAd IIVL: NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE ADDRESS CITY/Po STATE ZIP CODE Sv U T7`%��-f7 / - 7TE /l9_?/ NAME OF OWNER(If different) BUSINESS TELEPHONE _ 17V4 5 f-60,cr, Cho wtc*6,tm ( ) 2_e1 ADDRESS k / L/.2 L/ CITY/PO STATE ZIP CODE I-M IV Cr- M/ //9J-2— DESCRIPTION OF ACTION 7, V 0 7-3) 5✓�:/-L�Cl' /� G�r`l�n� Cfr;,�c,� w/ S-�+11�i�. �� �ScY�/f2�l>� /�/�Gle 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) ❑Rural (non-farm) ❑Forest [.Agriculture ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) 2-0 acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) �s �M���, acres uV, 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 L04"'7 a. Soil drainage: ]Well drained t'-61 % 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? LU'% acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes 'b'No a. What is depth to bedrock? (in feet) 2 5. Approximate percentage of prop( " ' project site with slopes: ❑0-10% 1�� % 010-15% ❑15% or . er _ % 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 CPNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Oyes VNo 8. What is the depth of the water table? 'V5O-_(in feet) 9. Is site located over a primary, principal, or sole source aquifer? AYes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes Ao 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes MNo 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 IXN0 Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑Yes *0 If yes, explain 14. Does the present site include scenic views known to be important to the community? %Yes ❑No 46, piCiJL'7/�� 15. Streams 'within or contiguous to project area: ✓-IVAJe- 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 b. Size (In acres) 17. Is the site served by existing public utilities? Dyes )Z1No a) If Yes, does sufficient capacity exist to allow connection? Dyes ❑No b) If Yes, will improvements be necessary to allow connection? OYes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ,Yes ❑No 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? ❑Yes �No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes No - 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 acres. b. Project acreage to be developed: 3 &CAS acres initially; 1 C)-M acres ultimately. c. Project acreage to remain undeveloped .-% acres. d. Length of project, in miles: A11 , (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed /1/14` %; f. Number of off-street parking spaces existing Al proposed /✓�. g. Maximum vehicular trips generated per hour _��A (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately 3 i. Dimensions (in feet) of largest proposed structure PR_ height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? -�s ft. 3 2. How much natural material (i rock, earth, 'etc.) will be removed from site? y tons/cubic yards 3. Will disturbed areas be reclaimea? Dyes "ONo ;tkN/A a. If yes, for what intend.--* purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONo / c. Will upper subsoil be stockpiled for reclamation? ❑Yes ONo e 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 5_1 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes �,No 6. If single phase project: Anticipated period of construction months, (including demolition). 7_ If multi-phased: WA a. Total number of phases anticipated (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? Oyes ONo 8. Will blasting occur during construction? Dyes Jlo 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or far-ilities? ❑Yes )dNo If yes, explain 12. Is surface liquid waste disposal involved? L' ,(es N0 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? 7�ye5 ❑No Type j~1-rr-222y 14. Will surface area of an existing water body increase or decrease by'proposal? Dyes *0 Explain 15. Is project or any portion of project located in a 100 year flood plain? Oyes )5No 16. Will the project generate solid waste? XYes ONo a. If yes, what is the amount per month 'MID tons b. If yes, will an existing solid waste facility be used? Dyes ONo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes )ONo 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? CKYes ONo j►i6611-TI L — 6000 8q4-C_i 16&5 19. Will project routine) p day)? �NL p I y produce odors (more than one hour per da ). Dyes �lo 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes ,XN0 21. Will project result in an increase in energy use? ®''Yes ❑No If yes , indicate type(s) �.�ISR � �rGQ. �� 22. If water supply is from welts, indicate pumping capacity �— gallons/minute. 23. Total anticipated water usage per day 600 gallons/day. 24. Does project involve Local, State or Federal funding? OYes KIo If Yes, explain 4 25. Approvals Required: Submittal 1e Date City, Town, Village Board Dyes )�No. City, Town, Village Planning Board AYes ❑No ilV1 t yle'Y 5 t,9c\W City, Town Zoning Board ❑YesNo City, County Health Department D] Yes ❑No \5yioA%�-d Other Local Agencies 'YYes JNo I �w I �,�d e2 Other Regional Agencies []Yes C&No State Agencies ❑Yes [)N0 Federal Agencies ❑YesINo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? XYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit Psubdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? A- — 3. What is the maximum potential development of the site if developed as permitted by the present zoning? l OTS 4. What is'the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 13 I oi-s 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? XYes ❑No 7. What are the predominant land uses) and zoning classifications within a 114 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? Xes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 9 2 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes N6-10 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? .Yes to a. If yes, is existing capacity sufficient to handle projected demand? KYes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes N0 a. If yes, is the existing road network adequate to handle the additional traffic? Dyes ❑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 1 certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor N e �lil,�• ;�' Date � ( �—U Signature i re If the action is in the Coastal Ar7 a, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 14-14.11 (2187)-9c O'1 / .L 1 blzUR Appendix B ,a to Environmental Quality „G✓iew Visual 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: 0-1/4 1/4-'/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 ❑ ❑ ❑ ❑ K/ observation, enjoyment and appreciation of natural or man-made scenic qualities? �/ • A site or structure listed on the National or State ❑ El Elg Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ �9_ • The State Forest Preserve? ❑ ❑ ❑ ❑ 1�2' • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ '®' • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ g?" natural features? • National Park Service lands? ❑ ❑ ❑ ❑ NO • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such LYJ ❑ ❑ ❑ ❑ 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 E/ ❑ ❑ ❑ ❑ 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 I?"No 3. Are any of the resources checked in question 1 used by the public during the time of year during, w, ich the project will be visible? LOYes El No 1 DESCRIPTION OF EXI' ,'G VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within r *'/a ile *1 mile .l Essentially undeveloped ❑ Forested ❑ ❑ Agricultural ❑ Suburban residential Lv� ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond 9 ❑ Cliffs, Overlooks ❑ 91, Designated Open Space S�r ❑ Flat ❑' ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *1/2 mile El Yes ❑No *1 miles ❑Yes ❑No *2 miles ❑Yes ❑No *3 miles [Aes ❑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 Daiw Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ At a residence ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ 2 Part 1-1-1ROJECT IMPACTS AND THEIR MAGNITUDE 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 ❑NO ❑YES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ ❑Yes El 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 ❑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 El 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 ❑ ❑ Dyes ❑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. ❑ ❑ El Yes ❑No • Other impacts ❑ ❑ ❑Yes El No 2. Will there be an effect tr. _.,1y ur:;que or unusual land forms found on _ the site?(i.e., cliffs, dunes, geological formations, etc.)ONO ❑YES It • Specific land forms: ❑ ❑ ❑Yes El No 6 2 3 IMPACT ON WATER �llldll to Potential Can Impact Be 3. Will proposed action affect any water body designated as protected? Moderate Large Mitigated By 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 ❑ ❑ ❑Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes ❑No 4. Will proposed action affect any non-protected existing or new body of water? ONO OYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes El 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 ❑Yes El 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 ❑ ❑ ❑Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ El Yes ❑No • Liquid effluent will be conveye:J 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 likely 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 ❑ ❑ El 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 ❑No t� 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. ❑ ❑ El Yes ❑No 7 2 3 S to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes El No • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? ❑NO ❑YES 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 ❑No refuse per hour. • Emission rate of total contaminants will exceed 5 Ibs. 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 ❑ ❑ El Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ❑NO ❑YES 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 El No • Application of pesticide or herbicide more than twice a year, other ❑ ❑ El Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ❑No 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ El Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ ❑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? ❑NO ❑YES Examples that would apply to column 2 • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No 4 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 ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ ❑Yes ❑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, 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? ❑NO ❑YES (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 El No ' screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes El No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontologica•I importance? ❑NO ❑YES Examples that would apply'to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes El 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 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: ❑ ❑ ❑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 ❑NO ❑YES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes El No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes El No • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON . _ .LNSPORTATION 1 2 3 amall 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 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: ❑ ❑ ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? LINO 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 ❑ ❑ ❑Yes ❑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 DYES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes El No facility. • Odors will occur routinely (more than one hour per day). ❑ ❑ [:],Yes ❑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: ❑ ❑ 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 ❑ ❑ ❑Yes ❑NO within 2,000 feet of a site used for the disposal of solid or hazardous [ waste. C • Other impacts: ❑ ❑ ❑Yes ❑No 10 2 3 IMPACT ON GROWir 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 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 ❑ ❑ El 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. ❑ ❑ ❑Yes El 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. ❑ ❑ ❑Yes ❑No • Proposed Action will create or eliminate employment. ❑ ❑ El 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 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 impacts) 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 Town Of Southold s�, P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/22/05 Receipt#: 627 Transaction(s): Reference Subtotal 1 1 Park& Playground 51-3-4.3 $10,500.00 Check#: 627 Total Paid: $10,500.00 Name: Purita, Franco 19995 Soundview Ave. Southold, NY 11971 Clerk ID: LINDAC Internal ID:51-3-4.3 MAH ING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE O``�QF SO(/jyOl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.), GEORGE D.SOLOMON IiYCOUS� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk AUG 2 2 2005 From: Planning Department Date: August 18, 2005 Southold Town Clerk Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# Purita, Franco Conserv. Sub. 51-3-4.3 $10,500-00 627 P & PFee enc(s). Town Of Southold S v P.O Box 1179 ' Southold, NY 11971 * * * RECEIPT * * * Date: 08/12/05 Receipt#: 616 Transaction(s): Reference Subtotal 1 1 Application Fees 51-3-4:3 $500.00 Check#: 616 Total Paid: $500.00 zoos Name: Purita, Franco 19995 Soundview Ave. Southold, NY 11971 Clerk ID: LINDAC Internal ID:51-3-4.3 I ti MAILING ADDRESS: PLANNING BOARD MEMBERS F S�Ur . P.O. Box 1179 .w``� JERILYN B.WOODHOUSE O S y�l Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex tic KENNETH L.EDWARDS G 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �li�'COUffv'� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MEWED To: Elizabeth Neville, Town Clerk AUG 1 k,2005 From: Planning Department Southold Town Clerk Date: August 12, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# Purita, Franco Conserv. Sub. 51-3-4.3 $500.00 616 final appl. fee enc(s). { { Town Of Southold + P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/25/03 Receipt#: 0 i I Transaction(s): Subtotal 1 Application Fees $2,500.00 Check#: 101 Total Paid: $2,500.00 +I I f 8 4 i pECE0W JUL 2 4 2003 { f Southold Town Planning Board t s a Name: Purita, Franco 19995 Soundview Ave. Southold, NY 11971 1 Clerk ID: JOYCEW Internal ID:79948 { i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Robert G. Kassner Margaret Rutkowski Legal Assistant Legal Secretary November 18, 20005 Jeri Woodhouse, Chairwomen Southold Town Planning Board Town hall 53095 Main Road P. 0. Box 1179 Southold, NY 11971 Re : Minor Subdivision for Frank Purita No. Of intersection of CR 48 & Old North Road, Southold SCTM# 1000-51-3-4 . 3 Dear Mrs . Woodhouse : Enclosed are four copies of the above project map and Stormwater Polution Prevention Plan (SWPPP) . A Notice of Intent (NOI) has been sent to the Department of Environmental Conservation (DEC) for a SPDES General Permit # GP-02-01 . If you have any questions, or require additional information, please contact this office . Very truly yours, Patricia C. Moore CC : Frank Purita Encl . �v PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 August 26, 2005 Southold Town Planning Board �f7 Southold Town Hall p E C E� V EP.O.Box 1179b' Southold,NY 11971 flijAUG 2 6 2005 _� Att: Mark/Anthony Re: Purita Subdivision SCTM#1000-51-03-4.3 Southold Town Planning Board Dear Mark or Anthony: Enclosed please recorded Covenants &Restrictions (as revised with paragraph I and J) on the above referenced project. Please call me when the map is signed so it can be filed and the development rights sold. (:'Ve yours, icia C. Moore PCM/mr Encls. cc: Mr. Franco Purita MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE ��OF SO(/r�o Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • O 54375 State Route 25 MARTIN H.SIDOR �0 (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON PA UM Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Bob Kassner From: Mark Terry, Senior Environmental Planner Re: Conservation Subdivision of Frank Purita SCTM#1000-51-3-4.3 Draft Covenant and Restriction Edits Date: August 22, 2005 As discussed, please include the following clauses within the Covenant and Restrictions prior to filing. 1. That final map shall be rendered null and void and the approval of the subdivision invalid in the event that the closing of the development rights sale is not completed and proof of such closing is not submitted to this department. 2. The Town of Southold Building Department shall not issue building permits for any lot depicted on the final map until the closing of the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to this department. Please call with any questions. Vr PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 '� �j. AUG 1 2 2005 August 12, 2005 Southold Tovin Southold Town Planning Board _P znn!nsi aoarl`'--- __-- Southold Town Hall P.O.Box 1179 Southold, NY 11971 Re: Purita Subdivision SCTM#1000-51-03-4.3 Dear Mrs. Woodhouse: V`r Enclosed please find propose4RTNqNEts estrictions 9Rffie above referenced project. Also enclosed please find my client's eck no. 627 in $10,500.00 payable to the"Town of Southold" for the park and playground fee:. The resolution adopted by your Board on August 8"' presents a problem. We need the Chairwoman to sign the map in order to file the map right away. The map is in final form and approved by the Health Department we intended to file the map then close on the sale of development rights with the County of Suffolk. If the sale of development rights were to be done first we risk nonconformity with the deed descriptions. Any discrepancy in the description of the development rights deed with the map will prevent the owner from filing this map. Both the C&R's and the map identify parcel 3 as development rights sale,and a contract with the County is conditioned on this subdivision map. We ask that the chairman sign the map so that the map can be filed and the developmenights sold without complications. ol` Very truly yours, y O� Patricia C. Moore PCM/mr L Encls. cc: Mr. Franco Purita SOUTHOLD TOWN PLANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Franco Purita and Claudia Purita residing at 19995 Soundview Avenue, Southold New York 11971 this 1a* * day of August 2005, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions : 1 . DECLARANT has made application to the SOUTHOLD TOWN PLANNING BOARD (hereinafter referred to as the PLANNING BOARD) for approval of a conservation subdivision on the PREMISES. 2 . As a condition of approval by the PLANNING BOARD of the subdivision or development application, the DECLARANT covenants as follows : A. Lot 3 includes 1 . 83 acres of clustered open space upon which no residential development rights exist. The Sale of Development rights purchase does not compensate owner for 1 . 83 acres of clustered open space. B. Lot 3 is subject to a utility easement to run water lines from North Road to lots 1 and 2 . The meets and bounds of the utility easement are placed on the map and the acreage of the easement excludes . 8496 acres from the sale of development rights . In the event that public water becomes available through Chardonnay Drive, this utility easement shall terminate and the lots will connect to public water from Chardonnay Drive. C. Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollution Elimination Discharge System (SPEDES) Program. D. This subdivision and the owner of each lot shall comply with the New York State Pollution Discharge Elimination System (SPEDES) requirements . The SPEDES permit requires, at a minimum, that an erosion and sediment control plan be prepared for any construction activity that disturbs one or more acres . The Storm-water Pollution Control Plan requires erosion control planning, site management and sediment control by all landowners . This erosion and sediment control plan has been filed with the Planning Board and a "Notice of Intent" forwarded to New York State Department of Environmental Conservation, in accordance with "General Permit for Storm-water Runoff from Construction Activity" (GP-02-01) , Albany, New York. E. Vehicular access to lots 1 and 2 shall be from Chardonnay Drive only. F. Vehicular access to any future residence within the 2 . 39 acre reserved area/building envelope on the south side of Lot 3 shall be from Old North Road only. G. The 65 x 148 . 88 building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure within the building envelope for living purposes is prohibited. H. The owners of Lot 3 are subject to Article XXII, Farmland Bill of Rights [Added 5-27-97 by Local Law No 11-1997] and Southold Town Code Section 100-220 By this Declaration future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Town of Southold. 3 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 4 . The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or my any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5 . These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by a vote of a majority plus one of the members of the Planning Board. 6 . If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or be held to unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional . Fr nco Purita Claudia Purita Schedule A DESCRIPTION OF PROPERTY DECLARANT: Franco Purita and Claudia Purita 1 1 STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the 12th day of August, 2005,before me, the undersigned, personally appeared Franco Purita personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. �v N tary Public MARGARET C. RUTKOWSI4 Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3,a oo? � MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE o���F S�Ur6pl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR �� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON IiYMUNTY, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 9, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Clustered Conservation Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, August 8, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.39-acre building envelope and a 65' x 148.68' building envelope in the north of the parcel for an agriculture structure. A 15' utility easement is also proposed over Lot 3; and WHEREAS, the subdivision is a cluster subdivision pursuant to Chapter A-106 of the Southold Town Code; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the Town of Southold Board of Trustees issued a letter of non-jurisdiction on August 27, 2003 for the action; and WHEREAS, the Southold Town Planning Board issued a negative declaration pursuant to the State Environmental Quality Review Act for the action on September 8, 2003; and WHEREAS, conditional sketch plan approval was granted on December 9, 2003 for the action; and WHEREAS, the Suffolk County Water Authority issued a letter of water availability on January 14, 2005 for the action; and Purita — Page Two — 8/9/05 WHEREAS, the Suffolk County Department of Health Services issued an approval stamp on June 10, 2005 for the action; and WHEREAS, the Planning Board. hereby establishes the clearing limit for each lot as follows: Lot 1 - 50% or 20,000 sq. ft. cleared of total lot area equal to 40,001 sq. ft., and Lot 2 - 50% or 20,000 sq. ft. cleared of total lot area equal to 40,001 sq. ft.; be it therefore RESOLVED, that the 65' x 148.88' building envelope located in the north of Lot 3 be restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure constructed within the building envelope for living purposes is also prohibited; and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps entitled Cluster Minor Subdivision, dated March 25, 2005, subject to the following conditions. The conditions must be met within six (6) months of the resolution:. 1. The submittal of documents indicating that the applicant has closed with the County of Suffolk on the Lot 3 sale of development rights. 2. Submit,a draft Covenant and Restrictions with the following clauses as outlined: a. Lot 3 includes1.83 acres of clustered open space upon which no residential development rights exist. b. Indicate the acreage and metes and bounds of the 15' Utility Easement. In addition, specify the use of the easement. c. To satisfy the Town of Southold's SPEDS requirement, add the language "Prior to any construction activity, the project will require a general permit for Storm-water Runoff from Construction Activity (GP 02-01) administered by the New York State Department of Environmental Conservation (DEC) under the Phase I I State Pollutant Elimination Discharge System (SPEDS) Program. d. Vehicular access to Lots 1 and 2 shall be achieved from Chardonnay Drive only. e. Vehicular access to any future residence within the 2.39-acre building envelope located in the south of Lot 3 shall be achieved from Old North Road only. f. The 65' x 148.88' building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure constructed within the building envelope for living purposes is prohibited. g. Include a clause notifying any future lot owners that Lot 3 is subject to ARTICLE MI, Farmland Bill of Rights [Added 5-27-1997 by L.L. No. 11-1997]§ 100-220. Right to farm. Of the Town of Southold Town Code. Purita — Page Three—8/9/05 3. Submit the Park and Playground Fee in the amount of$10,500. This assumes that Lot 1, 2 and the 2.39-acre (includes utility easement) building envelope located in the south of Lot 3 could be improved with residential structures. As discussed in the past, if the applicant proposes to eliminate the residential use on the 2.39-acre building envelope within the Covenant and Restrictions, then the amount could be reduced by $3500 to equal $7000. 1 The Planning Board requires that lots upon which development rights will be sold, must be labeled as such. Please contact this office with any questions. Very truly yours, erilyn B. Woodhouse Chairperson cc: Bob Zaher, Land Management Specialist Melissa Spiro, Land Preservation Coordinator % -S PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 August 5, 2005 HAND DELIVERED Southold Town Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971 RE: FRANK PURITA SCTM: 1000-51-3-4.3 Dear Chairman: Enclosed please find the green Certified Mail Receipts for the above referenced matter which have been received as of date. Also enclosed please find the Affidavit of sign posting. Thank you. V t my yours, I A� o m PATRICIA C. MOOR -"outhold Tonn Plannln�Qoar� PCM/bp Encls. PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN FRANK PURITA POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-51-3-4.3 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Frank Purita, residing at Southold, New York, being duly sworn, depose and say that: On th (Q day of July, 2005, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be on Monday, August, 8, 2005. ank Purita Sworn to be ore me this J J day 2005 Na Irl:ice l �OP ,AJI c30(,3 "OL--Z't.iAJ *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE Attorney at Law 51020 Main Road �� I�G Southold,New York 11971 Tel:(516)765-4330 Fax::(516)765-4643 JUL 2005 ZONING BOA D F APPEALS July 27, 2005 HAND DELIVERED ,CP Zoning Board of PP s ea 53095 Main R PO Box 117 ' Southol NY 11971 RE: FRANK PURITA V" SCTM: 1000-5-3-4 . 3 Hearing Date : MONDAY, AUGUST 8, 2005 Dear Chairman: Enclosed please find Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. V y truly yours, 11 c PATRICIA C. MOORE PCM Enc 'Q2 !L, 1J y 3 g'1 JUL 2 9 2005 Southold TOM Fi2�':' ..q aia h PLANNING BOARD TOWN OF SOUTHOLD:NEW YORK -------------------------------------------------x In the Matter of the Application of AFFIDAVIT FRANK PURITA OF (Name of Applicant) MAILINGS CTM Parcel#1000-51-3.t43 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, Vanessa Craigo, residing at Cutchogue,New York,being duly sworn, depose and say that: On the 25TH day of July, 2005, I personally mailed at the United States Post Office in Southold,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (X)Assessors, or( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Vanessa Craigo Sworn to befo e this 26TH day of y, 2005 �lll�9� Notery Public,State of New York Suffolk County-No.4861668 Commission Expires June 16, PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. FRANK PURITA; f'r'NSERVATION SUBDIVISION NEIGk'?^R MAILING LIST SCTM: 1000-51-3-4.3 JOHN P. STANISIC WALTER SAWICKI MARIA STANISIC 32 SUMMIT WAY 199 WEDGEWOOD DR SAINT PAUL, MN 55127-2558 HAUPPAUGE NY 11788 SCTM: 51-3-4.1 SCTM: 1000-51-4-1 TRIBERRY FIELDS LLC KAREN DALY 230 EAST 85T" STREET MARY JABLONSKI NEW YORK NY 10028 34-27 79TH STREET SCTM: 51-3-12.18 JACKSON HEIGHTS NY 11372 SCTM: 1000-51-4-2 JOAN D. SELBY PO BOX 637 DAVID PAGE SUSSEX NJ 07461 BARBARA SHINN SCTM: 1000-51-4-8 300 BLEEKER STREET NEW YORK NY 10014 CELESTE THEOPHILOS SCTM: 1000-51-4-5.1 23-22 30TH ROAD ASTORIA NY 11102 FRANCO G. PURITA SCTM: 1000-51-4-9 CLAUDIA PURITA 19995 SOUNDVIEW AVENUE THEODORE M. GAULT SOUTHOLD NY 11971 CAROL A. GAULT SCTM: 1000-51-4-6 20485 SOUNDVIWE AVENUE PO BOX 1524 MICHAEL D. ESPOSITO SOUTHOLD NY 11971 KANES YOLANDA SCTM: 51-4-10 330 EAST 38T" STREET APT. 530 NEW YORK NY 10016 2ND GENERATION PROP. LLC SCTM: 1000-51-4-7 230 EAST 85T" STREET NEW YORK NY 10028 FRANK PURITA SCTM: 51-3-12.3 19995 SOUNDVIEW AVENUE SOUTHOLD NY 11971 TRIBERRY FIELDS LLC SCTM: 1000-51-3-4.3 230 EAST 85T" STREET NEW YORK NY 10028 ATTN: NEIL REGO INC. SCTM: 51-3-12.16 CHARDONNAY WOODS HOA 100 FOX HILL DRIVE MARGARET A. KERBS BAITING HOLLOW NY 11933 49890 CR 48 SCTM: 1000-51-3-3.20 SOUTHOLD NY 11971 SCTM: 55-3-4.7 ATTN: NEIL REGO INC. CHARDONNAY WOODS HOA JOHN M. KERBS 100 FOX HILL DRIVE 49700 CR 48 BAITING HOLLOW NY 11933 SOUTHOLD NY 11971 SCTM: 1000-51-3-3.19 SCTM: 55-3-4.4 ONE LLC MICHAEL SARAGAS 608 WALNUT STREET 22-29 33RD STREET WASHINGTON TOWNSHIP NJ 07676-4418 LONG ISLAND CITY NY 11105 SCTM: 1000-51-3-5 SCTM: 55-2-7 ALBINA SAWICKI 5535 OLD NORTH ROAD SOUTHOLD NY 11971 SCTM: 1000-51-3-6.1 Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-51-3-4.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That this clustered, conservation subdivision proposes to subdivide a 27.0309- acre parcel into 3 lots where Lot 1 equals 40,001 sq' ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of 22.5227 acres upon which the Development Rights are proposed to be sold to the County of Suffolk, a 2.25-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure. A 15' utility easement is also proposed over Lot 3. The property is located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; J 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 8, 2005 at 6:00 p.m. in the Meeting Hall at Southold-Town Hall, Main Road, Southold; that a notice of such hearing,will be published at least five days prior to the date of such.hearing in the Traveler/Watchman, published - in the Town of Southold; that you or, your representative have the right to appear and be heard at such hearing. Petitioner's Name: Frank Purita Date: 7/12/05 MAILING ADDRESS: PLANNING BOARD MEMBERS �OF SO�r P.O. Box 1179 JERILYN B.WOODHOUSE O� y0l Southold, NY 11971 Chair Q .OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lij'COWN S Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of August, 2005 on the question of the following: 6:00 p.m. Proposed clustered conservation subdivision for Frank Purita, located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map_ Number 1000- 51-3-4.3 Dated: 7/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, JULY 28, 2005 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Traveler/Watchman Page 1 of 1 Randolph, Linda From: Dina Kontokosta [dkontokosta@travelerwatchman.com] Sent: Tuesday, July 26, 2005 9:57 AM To: Randolph, Linda Subject: Re: Legal ad for publication Linda, We received the notice and it will run this week. Thanks. -----Original Message----- From: Randolph, Linda To: dkontokosta(a travelerwatchman.com Sent: Tuesday, July 26, 2005 9:25 AM Subject: Legal ad for publication Please print the attached ad in the July 28 edition and send confirmation of receipt as soon as possible. Thank you. Linda Randolph 7/27/05 MAILING ADDRESS: PLANNING BOARD MEMBERS �OF SU(/r P.O. Box 1179 JERILYN B.WOODHOUSE O� y0l Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J. CREMERS � � Town Hall Annex KENNETH L.EDWARDS G • tic54375 State Route 25 MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lirel ou � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of August, 2005 on the question of the following: 6:00 p.m. Proposed clustered conservation subdivision for Frank Purita, located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 51-3-4.3 Dated: 7/26/05 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town of Southold, New York, being duly sworn, says that on the 26th day of July, 2005 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 8/8/05 Regular Meeting: 6:00 p.m. Public Hearing for the proposed clustered conservation subdivision of Frank Purita - SCTM#1000-51-3-4.3 (0_ 'Cec' Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this 2� -day of �� , 2005. Nota lic MELANIE DOROSKI NOTARY PUBLIC,State of New York No.01 D04634870 Qualified in Suffolk County �,r Commission Expires September 30, � M COUNTY OF SUFFOLK STATE OF NEW YORK ss: Nancy M. Mclaughlin, being duly sworn, says that she is the Legal Advertising Coordinator, of the Traveler Watchman, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for....e.....week(s) -q�,successively, commencing o the...CC-. .....day of zar LEGAL NOTICE I` Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold � Town Planning Board, at the Sworn to before me this.�9..day of Town Hall, Main Road, �,,,•••• Southold, New York on the 8th '''''' '''' ' 2005. day of August,2005 on the ques- tion of the following: 6:00 p.m: Proposed clustered conservation subdivision for Lrj y: Frank Purita, located n/o the Notary Public intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold, Town of Southold, County of Suffolk, State of New Emily Hamill York. Suffolk County Tax Map NOTARY PUBLIC,State of New York Number 1000-51-3-4.3 No.01HA5059984 Dated: 7/26/05 Qualified in Suffolk County BY ORDER OF THE Commission expires May 06,2006 SOUTHOLD TOWN PLAN- NING BOARD Jerilyn B.Woodhouse Chairperson 1X 7/28/05 (002) PLANNING BOARD MEMB ��F ERS � S0�ryo MAILING ADDRESS: SoP.O. h Southold,Box 1179 11971 JERILYN B.WOODHOUSE �Q l� Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS ap 54375 State Route 25 E MARTIN D H. 0 SIDOR N OIy (cor.Main Rd. &Youngs Ave.) G AUNTY, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 12, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Conservation Subdivision of Frank Purita Located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The final public hearing regarding the maps for the above-referenced conservation subdivision has been scheduled for Monday, August 8, 2005, at 6:00 p.m. at the Southold Town Hall. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notificatio_nJArm is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex (2nd Floor, North Fork Bank). Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday. August 5, 2005. The signs need to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson encl. cc: Melissa Spiro, Land Preservation Coordinator Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a conservation subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-51-3-4.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That this clustered, conservation subdivision proposes to subdivide a 27.0309- acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of 22.5227 acres upon which the Development Rights are proposed to be sold to the County of Suffolk, a 2.25-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure. A 15' utility easement is also proposed over Lot 3. The property is located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765A 938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, August 8, 2005 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the TravelerMatchman, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner's Name: Frank Purita . Date: 7/12/05 r AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on 1 have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) .Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 8/5/05 **************************************************************************************************** ,Re: Proposed Conservation Subdivision of Frank Purita SCTM#s: 1000-51-3-4.3 Date of Hearing: Monday, August 8, 2005, 6:00 p.m. §58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING §58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] §58-1. Providing notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon.The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Bl requiring the applicant to erect the sign provided by ;he town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a period of not less than seven (7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an affidavit that. s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street 5801 1-25-as § 58-1 SOUTHOLD CODE § 58-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7).days prior to the date of the initial public hearing on the application and addressed to the owners at the addresses listed for them on the local assessment roll. The applicant or agent shall file an affidavit that s/he has complied with this provision. 5802 1_28_ss WALTER SAWICKI CONSERVATION SUBDIVISION FOR OFRANK PURITA 1 000 =51 =3 =403 Clustered conservation subdivision to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of 22.5227 acres upon which the Development Rights are proposed to be sold to the County of Suffolk, a 2.25-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure. A 15' utility easement is also proposed over Lot 3. % ONDAY - AUGUST 8-, 2005 - 6 : 00 P . M . PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631)765-4330 Fax: (631)765-4643 June 15, 20P- ----—-- -� I� C Southold Town Planning Board JUN 1 6 2005 Southold Town Hall P.O.Box 1179 Southold, NY 11971 (BY HAND) -- Re: Purita Subdivision SCTM#1000-51-03-4.3 Dear Mrs. Woodhouse: Enclosed please find three (3) final subdivision maps and four (4) mylars on the above referenced project with health department approval. Please advise us when the plans are signed. Ve u y urs, ricia C. Moore cc: Mr. Franco Purita �h Oct/` .. V" w i Pa 1113%05 Dear Jerri and the Southold Town Planning Board Upon reviewing the proposed conservation subdivision of the Purita property , tax map# 51-3-43, it has come to our attention that Mr. Purita plans to set aside a building envelope on the north end of the property. We are the owners of Shinn Estate Vineyards on Oregon Road in Mattituck, and successfully preserved our parcel in1998 as part of the TDR program. As Southold Town residents and fellow farmers, we are sure Mr. Purita understands the importance of keeping open vistas and large parcels of farmland from becoming segmented into smaller patchwork parcels. While our farm is located on Oregon Road in Mattituck, our home is located on the north side of Mr. Purita's property. The proposed northern building envelope on the Purita property is in an area that is not appropriate for the parcel or the surrounding parcels.This building site would obstruct our viewshed of the surrounding open space and would unduly segment the farmland into a patchwork of smaller fields.As is illustrated in Mr. Purita's survey,the proposed building envelope runs the entire property line of our home from east to west. Thank you for your attention given to this environmentally sensitive issue. Barbara Shinn and David Page 19965 Soundview Ave. Southold,NY 11965 _ �l 631765-1244 J A N 2 6 2005 , r 7� . . .. [""" ice' ._ _ .. I D). L '� ! BRANDY� m CT .Z - .I ie - i NAY Sq tm►d Town .L 3 CHnRppN _ pRIVE ¢` T.- V.4 Nx- : OLD J. 0 K", ' �/07. y i•� r:. 2 , Q2 © It/.OILS.. sf 10� 0 .3 . CeVfS'IC)lI �— NORM �zk 6 2005 '` JAN 1 , 003 (refs�tin; 1 Z -2403 . tew store) KEY MAP� tom•=; n Air 10, OQ fre.vslonsJ SCALE 1„=600 JUG lot .. 3 (.rd0sion'J June .20i003 lrevislosJ Aug. 4, 2-663 tr.&vi�i rrSJ Jan. 6, '90.03 Ire vrs�onsJ Oct13, 2aD4 (�evsoi►sJ SUFFOLK COUNTY DEPARTMENT OF od. 27, 200M fro I HA UPPA UGE1W Y. gL06. / EE HSE DA TE - � f15E. Eno L ❑ — r�° J eLDc THIS IS TO CER TIFY MA T THE PROPOSED RI o /90 00. DEVELOPMENT FOR "-o. . $ . `��. WITH A TOTAL OF Q, O 3 �ff� � Bic FACILITIES TH MUST T E WA TER SUPPLIEs TO CONSTRUCTNI i ' 0 El AT THE TIME OF CONSTRUCTION AND ARE S( ' PERMITS PURSUANT TO THOSE STANDARDS 3S�92, VALID ONL Y IF THE REAL TY SUBDIVISION IDE DtX Y-FILED WITH THE COUNTY CLERK WI THIN MSEN'T IS HEREBY GIVEN------ " -- s ��� OV� T ENDORSEMENT APPEARSR THE FILING C IN HE OFFICE ACCORDANCE WITH PROVISIONS OF THE PUBL, 6�.3�% \ SUFFOLK COUNTY SANITARY CODE. �1 h EM,' IN� h ----- ,` + { �� VITO 'Qc� •�' �' DIRECTOR, DIVISION OF NO to 36 0" O a Q WELL CAP 80 gal. STORAGE Fxs�rEa --�-` ANK I + -----. --j Co I 100 # TES7 I I/2'BLACK PV, OS�FFO��(►C MAILING ADDRESS: PLANNING BOARD MEMBERS ��4 spy P.O. Bog 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Chair y OFFICE LOCATION: Town Hall Annex WILLIAM J.CREMERS ��f� ��� 54375 State Route 25 KENNETH L.EDWARDS '� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. SOLOMON Telephone: 631 765-1938 Fag:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 15, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR/48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zoning District: A-6 Dear Ms. Mg6re: The Southold Town Planting Board, at a meeting held on Monday, February 14, 2005, adopted the following resolutions: WHEREAS, the applicant proposes to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.28-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, conditional sketch plan approval was granted on December 9, 2003; and WHEREAS, the applicant has requested an extension of conditional sketch plan approval from December 9, 2003 to June 9, 2005; and WHEREAS, on August 24, 2004,the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 — Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that the Planning Board grants an extension of conditional sketch plan approval from December 9, 2003 to June 9, 2005; and be it further 1 Purita— Page Two —2/15/05 RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Conservation Subdivision; and be it further RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per vacant residential lot, therefore, the required amount due has been reduced to $7,000.00. Chapter A106 requires that a separate final application be filed for this application with this office. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, La nd Preservation Coordinator Ste' PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 January 21, 2005 John Fitzgerald Suffolk County Department of Health Services Waste Water Management 300 Center Drive, Room S 238 Riverhead, New York 11901 ( r Re: Frank Purita SCTM# 1000-51-3-4.1 4 HD Ref#: S 10-03-0008 Dear Mr. Fitzgerald: --° - Enclosed is a letter of Water Availability issued by theSuffolk County Water Authority for the above applicant. If you have any questions, or require further information, please contact this office.'' Very truly yours, lee Patricia C. Moore Encl: cc: Frank Purita Southold Planning Board Abigail A. Wickham, Esq. SUFFOLK COUNTY WATER AUTHORITY 2045 Route 112, Suite 1, Coram, New York 11727-3085 January 14, 2005 (631)698-9500 FAX(631)698-9851 Patricia C Moore 51020 Main Road Southold,NY 11971 Re: Revised Letter of Availability—Soundview Ave, Southold File#4197726 Dear Ms. Moore: The Suffolk County Water Authority has received your application for water service for the above referenced parcel. The parcel is designated in the SCWA's Five Year Water Supply Plan for the North Fork as eligible to receive public water service. Accordingly, a Letter of Water Availability is issued. A proposed water main will be located on Old North Road. In order to serve Lot#1 and Lot#2 as shown on the map for the Cluster Minor Subdivision and Lot Line Change for Frank Putirta, an additional water .main extension of approximately 275 feet wound be required. The water main can be installed under the terms of our Construction Contract,which would require a deposit of approximately$12,500.00,which is a tentative estimate of the cost of installation . This Letter of Water Availability is not to be considered an action by SCWA as defined by the New York Environmental Quality Review Act or a determination that the parcel is approved for building. You are responsible for obtaining any other permits or approvals that are required for the proposed project. SCWA shall not be required to provide water for the parcel until all of the other approvals have been obtained. SCWA will provide water service to the parcel upon payment of the applicable fees. The fees include a tapping fee, a key money charge and if applicable, a water main surcharge. Tapping fees start at$950.00 for a 1" service. Key money fees start at$3,000.00 for a 1" service. Surcharge amounts vary depending on the location of the proposed service. The tapping fees and the surcharge may be financed for existing homeowners. Please contact our New Construction Department during our normal business hours at(631) 698=9500, 8:30 a.m. to 5:00 p.m.Monday through Friday to proceed with this project and to obtain a contract and firm cost estimate. Very truly yours, i v Lawrence E. Anderson Assistant Manager LEA:as .t1y COUNTY OF SUFFOLK P6 W/A4 7, m-spl20 COPY FYI STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L. HARPER, M.D., M.P.H. COMMISSIONER November 22, 2004 Ms. Albina Sawicki c/o Wickam,Bressler, Gordon& Geasa,P.C. P.O. Box 1424 Mattituck,NY 11952 Subject: Board of Review Hearing -July 8, 2004 S 10-03-0008 - Purita, Frank, s/s/o Sound Avenue, 190 ft. e/o Chablis Path on north and bounded on the south by North Road, Southold - t/o Southold - SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 Dear Ms. Sawicki: Enclosed is a copy of the Board of Review's (Board) findings,recommendations and determination concerning the,subject application. It was the determination of the Board to deny the request for variance as detailed in the enclosed. The proposed variance is not in general conformity with the Suffolk County Sanitary Code. Very truly yours, Aa. teph A. Costa,P.E., Chief Engineer Chairman, Board of Review C: Board of Review File-Riverhead Ms. Valerie Scopaz-Town of Southold Mr. John Fitzgerald,P.E. -Reviewer Ms. Abigail Wickham, Esq. Mr. Andrew Freleng-Planning Department Ms. Patricia C. Moore,Esq. Ms. Lauretta Fischer-Planning Department Mr. Joseph Fischetti, P.E. nv n ... DEC - 8 2004 f ' I_ ♦DIVISION OF ENVIRONMENTAL QUALITY• BOARD OF REVIEW♦ 220 RABRO DRIVE EAST• HAUPPAUGE NY 1 1 788 PHoNE(63 1)853-3085 FAx(63 1)853-3075 :y SUFFOLK UOUNTY DEPARTMENT OF HEALTA ZiERVICES DIVISION OF ENVIRONMENTAL QUALITY BOARD OF REVIEW ARTICLE 2, SECTION 2209 SUFFOLK COUNTY SANITARY CODE To: Brian L. Harper,M.D., M.P.H., Commissioner From: Stephen A. Costa, P.E., Chairman, Board of Review Subject: Findings and Recommendations of the Review Board Regarding: S10-03-0008 —Purita, Frank, s/s/o Sound Avenue; 190 ft. e/o Chablis Path on north and bounded on the south by North Road, Southold—t/o Southold SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 Hearing Date: July 8, 2004 Statement of Problem A community-type water supply is required when a realty subdivision or development is located within, or is reasonably accessible, to an existing_water district or service area in accordance with the requirements of Article 6, §760-606 A.1 and A.2 of the Suffolk , County Sanitary Code and §14 of the Department's Standards and Procedures,for Private Water Systems. The applicant is requesting relief from these requirements. Findings and Facts 1. The parcel to be subdivided is located in Groundwater Management Zone 3. 2. The parcel is depicted as two lots on the 1981 tax map. 3. The parcel size is 1,230,435 square feet. It is proposed to subdivide the parcel into five lots with two at 27.031 acres, 26,860 sf, 26,111 sf, 40,575 sf and '46,545 sf. 4. The proposal conforms to density requirements. 5. Sewage disposal will be via septic tank and leaching pools. 6. Depth to groundwater is 7.1 feet. 7. Soils are acceptable with loam at 0 — 1 foot, sandy silt at 1 — 3 feet, fine to coarse sand at 3 —7.1 feet below grade and coarse sand below the water table. 8. The public water main will be extended along North Road (CR 27) to serve the two proposed residential lots bordering on North Road. The public water supply is serviced by Suffolk County Water Authority. 9. The applicants are seeking permission to use private wells for the two proposed lots located in the middle of the property. Brian L. Harper,M.D., ...'.H., Commissioner Hearing Date: July 8, 2004 Subject: Findings and Recommendations of the Review Board Regarding: S 10-03-0008—Purita,Frank, s/s/o Sound Avenue, 190 ft. e/o Chablis Path on north and bounded on the south by North Road, Southold—t/o Southold SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 10. The water main would need to be extended an additional 4,775 feet to service the two lots. The lots proposed to be served by wells are each at least 40,000 sf. l l.. The Sawicki family owns the farm parcel, which is tax lot 4.3 of twenty-seven acres. They also own tax lot 4.1 on which there is an existing residence that never received subdivision approval from the Health Department to separate it from the farm in the early eighties when Mr. Sawicki died and the estate was settled. Tax lot 6.1 contains Mrs. Sawicki's residence and that is a single and separate parcel. The applicant is requesting the Board to accept the previous separation of tax lot 4.1 including a lot line change that would increase its size slightly. The applicant is also requesting a lot line change with respect to lot 6.1, the existing residence, to increasing the size of that lot slightly. These lots would be less than 40,000 sf each but the applicant is claiming density would be compensated for via the large farm lot. 12. The two parcels with existing residences will upgrade the existing sewage disposal systems and public water will be replacing two existing private wells. The applicant, Purita, is acquiring all the land from Sawicki except for the two existing residential parcels. Purita intends to develop the two other proposed residential lots. The reminder of the property is farm (vineyard). Purita intends to sell the development rights to the county on 75% of the acreage, presumably through the agricultural program. 13. The two new proposed lots were positioned next to Chardonnay Drive because it was thought that public water had been extended to Chardonnay Drive. The applicant stated that it would be impractical to move the lots closer or adjacent to North Road because there was insufficient frontage and the town prefers to keep the agricultural areas contiguous. V 14. The hearing was held open to allow the applicant time to submit test well results. I 15. Test well results were received by the Board on October 22, 2004. The test well results revealed Aldicarb at 9.3 micrograms per liter. (ug/L), which is greater than the maximum contaminant level (MCL) of 7.0 ug/L. The results also showed 18 ug/L of perchlorate,which is at the action level for perchlorate set by New York State and 9.2 milligrams per liter (mg/L) of nitrate, which is just below the MCL of 10.0 mg/L. Brian L. Harper, M.D., ....P.H., Commissioner Hearing Date: July 8, 2004 Subject: Findings and Recommendations of the Review Board Regarding: S10-03-0008 —Purita,Frank, s/s/o Sound Avenue, 190 ft. e/o Chablis Path on north and bounded on the south by North Road, Southold—t/o Southold SCTM: 1000 05100 0300 lots 004001, 004003 and 006001 Determination It was a 3 to 0 determination of the Board to deny the request for the variance to use private drinking water wells on the two proposed building lots. The Suffolk County Sanitary Code and/or the Department's design standards for water supply and sewage disposal are intended to provide a satisfactory water supply as well as to protect surface and groundwater quality. Approval of the requested variance has the potential for resulting in adverse impacts to the future occupants of the lots. Perchlorate is very expensive to treat with any reliability. Granular activated carbon treatment designed for aldicarb is not effective on perchlorate. Both the perchlorate and aldicarb limits at 18 and 7 ppb respectively, have been set for health reasons. As per §760-609 of the Suffolk County Sanitary Code (Sanitary Code), the approval of the variance is not in harmony with the general purpose and intent of the Sanitary Code to protect groundwater and drinking water supplies, surface water and other natural resources, and public health, safety and welfare. As. per §760-609.1.e, granting the proposed variance or waiver would adversely affect the design of an adequate on site water supply, taking into account direction of groundwater flow, and site specific physical conditions. . November 22, 2004 StepheU A. Costa, P.E. Chairman—Board of Review cf PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Robert Kassner Margaret Rutkowski Legal Assistant Melissa McGowan Secretaries November 11, 2004 EE Suffolk County Water Authority 4060 Sunrise Highway Oakdale, New York 11769-0901 ` �j`, Nov 1 5 2004 Att: John Milazzo Esq. Salhold Tnc�n Re : Purita Conservation Subdivision ._._.. •- SCTM#1000-51-03-4 . 3 Dear Mr. Milazzo : We need your attention with respect to a conservation subdivision which intends to preserve 75% of the agricultural land * (23 acres) and is presently stalled at the Health Department. The sale of development rights is contingent on subdivision approval of two lots and a reserved lot. We need the SCWA to permit the two lots off of Chardonnay Drive, Southold, to be connected to the water main along Old North Road through the proposed utility easement as shown on the map. I have enclosed a print of the survey. In October 2003 my client, Frank Purita requested a water availability letter and obtained a cost proposal to connect the two lots located off of Chardonnay Drive, Southold, to public water. Mr. Lawrence Anderson responded promptly, however, it was determined that a connection to public water from Old North Road to the two lots along the public roads would cost over $200, 000 . 00 . Due to the prohibitive cost, we sought a variance from the Health Department -to provide private wells for the two lots . The water results, however, were not satisfactory (enclosed for your information) and my client is facing Health Department denial of the variance for private wells . The Planning Board supports our application because it preserves agriculture and limits development. However, due to the Health Department regulations, and the cost of extending the water main, the land would need to be developed with a full yield subdivision in order to pay for the extension of the public water . These policies are working against my client' s efforts to preserve the property in agriculture . In order to accomplish this preservation plan we have proposed a utility easement which runs "through" the Purita property (shown in yellow on the map) . This utility access will reduce the cost of connection to public water and enable this plan to proceed. We could either add the utility access to the proposed lots as a "Utility flag" with fee title added to the two lots or more commonly as a utility easement . Consequently, all the lots can be served with public water at an acceptable cost : the water line easement provides access to public water to the 2 clustered lots off Chardonnay Drive, and the third lot with the existing Barns . In addition, the two existing homes retained by the sellers Cicilia Sawicki (SCTM#1000-51-3-4 . 1) and Walter Sawicki (SCTM#1000-51-3- 4 . 3) are to be connected to public water. Although we understand that the SCWA prefers to see "Flag lots" for road frontage adjacent to a water main, however, the Planning Board has approved the location of the lots and specifically requested that the access to Old North Road be limited to utilities (not vehicles) . Given the public policy expressed by the Town and the Water Authority to encourage reduced density, we respectfully request that the Suffolk County Water Authority approve this proposed plan for connection. to public water. Ve.r-y 9 1ly yours, atricia C. Moore cc: Mr. Anderson with map/encl Mr. Purita Southold Planning Board ✓ PCM/mr f f 1 " COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES Brian L. Harper, M.D., M.P.H. COMMISSIONER October 14, 2004 Frank Punta c/o Patricia C. Moore 51020 Main Road Southold, NY 11971 Re: Frank Purita test well Private Request#:PR04-0360 Sample location: Test well S-122934T HDRef#: S10-03-0008 Tax Map # 1000-51-3-4.1 Sample date: 8/10/2004 Dear Mr. Punta: The above referenced well has been sampled and the complete water analysis is enclosed for your review. At the time of sampling the water exceeded the New York State guideline for aldicarb (Temik) and the test well standard for nitrates. Perchlorate was detected at the current NYS action level of 18 ppb (parts per billion). A copy of the completed analysis is being forwarded to Mr. Fitzgerald at our Office of Wastewater Management located at the Riverhead County Center. If you have any questions concerning this analysis, feel free to contact this office. Be sure to have your Private Request# available when making inquiries to this office concerning this water sample. Sinc ely, G�- usan Reilly r _...._._. . . - tf�ty ` Associate Public fealth Sanitarian Bureau of Drinking Water ' 9CT 1 9 2004 encl.- results r cc: J. Fitzgerald, SCDHS ----- ---- •DIVISION OF ENVIRONMENTAL QUALITY OFFICE OF WATER RESOURCES RIVERHEAD COUNTY CENTER RIVERHEAD NY 11901.3397 Phone(631)852-1905 Fax(631)852.2092 } JUL"""- UL)UN'rr WI5VIU1'Mh:N'P Uh' Hh:A11TH Jh:Kv1l:GJ - WA'rCK ANALYJIJ Requestor Name: PURITA C/O PATRICIA C. E Request No. : PRO Location: OLD NORTH ROAD, SOUTHOLD Sample Date: 06/_-.-J04 Sample. Location: TESTWELL Sanitarian: REILLY Treatment: NONE Field No.: 643-468-04-08-10 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. '*' symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL Results for Sample Group: ALDICARB PESTICIDES analyzed by Suffolk County Department of Health Services Total Aldicarb (calc).................. = 9.300 7.00 ug/L ' Oxamyl................................. < 0.500 50.00 ug/L Aldicarb............................... < 0.500 ug/L Carbaryl............................... < 0.500 50.00 ug/L Aldicarb-Sulfoxide..................... = 4.500 ug/L 1-Naphthol............................. < 0.500 ug/L Aldicarb-Sulfone....................... = 4.B00 ug/L Methomyl............................... < 0.500 50.00 ug/L Carbofuran............................. < 0.500 40.00 ug/L Propoxur (Baygon)...................... < 0.500 50.00 ug/L 3-Hydroxycarbofuran.................... < 0.500 50.00 ug/L Methiocarb............................. < 0.500 50.00 ug/L Results for Sample Group: CHLORINATED PESTICIDES analyzed by Suffolk County Department of Health Services alpha-BHC.............................. < 0.200 0.20 ug/L 4,4-DDD................................ < 0.200 50.00 ug/L beta-BHC............................... < 0.200 0.20 ug/L 4,4-DDT................................ < 0.200 50.00 ug/L gamma-BHC (Lindane).................... < 0.200 0.20 ug/L Endrin................................. < 0.200 2.00 ug/L delta-BHC.............................. < 0.200 0.20 ug/L Endrin aldehyde........................ < 0.200 50.00 ug/L Heptachlor............................. < 0.200 0.40 ug/L Chlordane.............................. < 1.000 2.00 ug/L Heptachlor epoxide..................... < 0.200 0.20 ug/L Alachlor............................... < 0.500 2.00 ug/L Aldrin................................. < 0.200 50.00 ug/L Methoxychlor........................... < 0.200 40.00 ug/L Dieldrin............................... < 0.200 50.00 ug/L Endosulfan II.......................... < 0.200 2.00 ug/L Endosulfan I........................... < 0.200 2.00 ug/L Endosulfan Sulfate..................... < 0.200 50.00 ug/L Dacthal................................ < 0.200 50.00 ug/L 1,2-dibromoethane...................... < 0.020 0.05 ug/L 4,4-DDE................................ < 0.200 50.00 ug/L 1,2-dibromo-3-chloropropane............ < 0.020 0.20 ug/L Results for Sample Group: DACTHAL PESTICIDES analyzed by Suffolk County Department of Health Services Monomethyltetrachloroterephthalate..... < 5.000 50.00 ug/L Tetrachloroterephthalic acid........... < 5.000 50.00 ug/L Results for Sample Group: HERBICIDE METABOLITES analyzed by Suffolk County Department of Health Services Didealkylatrazine (G-28273)............ < 0.800 50.00 ug/L Metolachlor metabolite (CGA-67125)..... < 0.300 50.00 ug/L Deisopropylatrazine (G-28279).......... < 0.200 50.00 ug/L 2-HydroxyAtrazine (G-34048)............ < 0.300 50.00 ug/L Desethylatrazine (G-30033).............. < 0.400 50.00 ug/L Malaoxon............................... < 0.200 50.00 ug/L Imidacloprid........................... < 0.200 50.00 ug/L Trichlorfon............................ < 0.300 50.00 ug/L Alachlor OA (Oxanilic Acid)............ < 0.400 50.00 ug/L Siduron................................ < 0.300 50.00 ug/L Alachlor ESA (Sulfonic Acid)........... < 0.200 50.00 ug/L Dichlorvos............................. < 0.600 50.00 ug/L Metolachlor metabolite (CGA-37735)..... < 0.200 50.00 ug/L Propamocarb hydrochloride.............. < 0.300 50.00 ug/L Metolachlor oA (CGA-51202)............. = 0.340 50.00 ug/L 2,6-Dichlorobenzamide.................. < 0.500 50,00 ug/L Metolachlor ESA (CGA-354743)........... = 0.380 50.00 ug/L Ibuprofen.............................. < 0.200 50.00 ug/L Metolachlor metabolite (CGA-41638)..... < 0.300 50.00 ug/L Gemfibrozil............................ < 0.500 50.00 ug/L Metolachlor metabolite (CGA-40172)..... < 0.300 50.00 ug/L Results for Sample Group: METALS analyzed by Suffolk County Department of Health Services Silver (Ag)............................ < 5.000 100.00 ug/L Lead (Pb).............................. = 2.100 15.00 ug/L Aluminum (Al).......................... = 32.200 ug/L Antimony (Sb).......................... < 1.000 6.00 ug/L Arsenic (As)........................... < 2.000 10.00 ug/L Selenium (Se).......................... < 4.000 50.00 ug/L Barium (Ba)............................ = 35.500 2000.00 ug/L Thorium (Th)........................... < 4.000 ug/L Beryllium (Be)......................... < 1.000 4.00 ug/L Titanium (Ti).......................... = 6.700 ug/L Cadmium (Cd)........................... < 1.000 5.00 ug/L Thallium (T1).......................... < 0.500 2.00 ug/L Cobalt (Co)............................ < 1.000 ug/L Vanadium (V).........................'.. < 1.000 ug/L Chromium (Cr).......................... = 4.000 100.00 ug/L Zinc (Zn).............................. < 50.000 5000.00 ug/L Copper (Cu)..................••........ = 4.200 1300.00 ug/L Iron (Fe).............................. = 0.140 0.30 mg/L Mercury (Hg)........................... < 0.400 2.00 ug/L Sodium (Na)............................ = 22.800 270.00 mg/L Manganese (Mn)......................... = 0.020 0.30 mg/L Potassium.............................. = 2.500 mg/L Molybdenum (Mo)........................ < 1.000 ug/L Calcium................................ = 41.100 mg/L Nickel (Ni)............................ = 7.100 100.00 ug/L Magnesium.............................. = 29.300 mg/L Results for Sample Group: PERCHLORATE analyzed by Suffolk County Department of Health Services _____________________________ Perchlorate............................ = 18.000 18.00 ug/L Results for Sample Group: RADIOLOGICAL analyzed by Suffolk County Department of Health Services Gross alpha E.......................... < 1.000 15.00 pC/L Tritium................................ < 200.000 20000 pC/L Gross beta............................. = 1.600 50.00 pC/L Results for Sample Group: STANDARD INORGANICS analyzed by Suffolk County Department of Health Services pH-Lab................................. = 6.700 su Nitrite (NO2-N)........................ < 0.020 1.00 mg/L Specific Conductivity-Lab.............. = 609.000 um/cm Nitrate................................ = 9.200 10.00 mg/L Chloride (CI).......................... = 50.000 250.00 mg/L Bromide................................ < 0.500 mg/L Sulfate (SO4).......................... = 137.000 250.00 mg/L Orthophosphate......................... < 0.200 mg/L Ammonia (NH3-N)........................ < 0.020 mg/L Fluoride............................... < 0.200 2.20 mg/L RESULTS CONTINUED ON NEXT PAGE.... JUC'1"1-'" UUUN'1'Y 1JZ11AK'1MNN'r Ur' HII:AU'rH JN:KV1l:KJ - WA'rt;K ANALEJIJ 1. Requestor Name: PURITA C/O PATRICIA C. .E Request No.: PRO' .0 Location: OLD NORTH ROAD, SOUTHOLD Sample Date: OB/:_. -J04 Sample Location: TESTWELL Sanitarian: REILLY Treatment: NONE Field No.: 643-468-04-08-10 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. '*' symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL RESULTS CONTINUED FROM PRECEDING PAGE ----= Results for Sample Group: SEMI-VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services Her.achlorocyclopentadiene.............. < 1.000 . 50.00 ug/L Piperonyl butoxide..................... < 0.500 50.00 ug/L Dacthal................................ < 0.200 50.00 ug/L Azoxystrobin........................... < 0.500 50.00 ug/L Atrazine............................... < 0.200 3.00 ug/L Endosulfan Sulfate..................... < 0.200 50.00 ug/L Bis(2-ethylhexyl)phthalate............. < 2.000 6.00 ug/L Cypermethrin........................... < 0.500 50.00 ug/L Propachlor............................. < 0.200 ug/L Naled (Dibrom) ......................... < 0.200 50.00 ug/L Prometon............................... < 0.500 ug/L Chlordane.............................. < 1.000 50.00 ug/L Tebuthiuron............................ < 0.500 50.00 ug/L Butylated hydroxyanisole............... < 0.500 50.00 ug/L Ethofumesate........................... < 0.200 50.00 ug/L Chrysene............................... < 0.200 50.00 ug/L Isofenphos............................. < 0.500 50.00 ug/L Indeno(1,2,3-cd)Pyrene................. < 0.200 50.00 ug/L Benfluralin............................ < 0.500 50.00 ug/L Dibutyl Phthalate...................... < 1.000 50.00 ug/L Vinclozolin............................ < 0.500 50.00 ug/L Benzyl butyl phthalate................. < 0.200 50.00 ug/L Iodofenphos............................ < 0.200 50.00 ug/L Acenaphthylene......................... < 0.200 50.00 ug/L EPTC................................... < 0.200 50.00 ug/L Phenanthrene........................... < 0.200 50.00 ug/L Terbacil............................... < 0.500 50.00 ug/L Pyrene................................. < 0.500 50.00 ug/L Napropamide............................ < 0.200 50.00 ug/L Hexachlorobutadiene.................... < 0.200 5.00 ug/L Dichlorbenil........................... < 0.200 50.00 ug/L Hexachlorobenzene...................... < 0.200 1.00 uo/L Sumithrin.............................. < 0.200 50.00 ugiL Butachlor.............................. < 0.200 50.00 ug/L Methyl parathion....................... < 0.200 50.00 ug/L Metribuzin............................. < 0.200 50.00 ua/L Dieldrin............................... < 0.200 50.00 ug/L Benzo(a)pyrene......................... < 0.200 0.20 ug/L Caffeine............................... < 0.500 50.00 ug/L Diazinon............................... < 0.200 ug/L Dichlorvos............................. < 0.500 50.00 ug/L Pentachlorobenzene..................... < 0.200 50.00 ug/L Methoxychlor........................... < 0.200 50.00 ug/L Acetochlor............. ................ < 0.200 50.00 ug/L Benzophenone........................... < 0.200 50.00 ug/L Chlorpyriphos.......................... < 0.200 50.00 ug/L Chloroxylenol........................... < 0.200 50.00 ug/L Trifluralin............................ < 0.500 50.00 ug/L Triclosan.............................. < 0.200 50.00 ug/L Chlorothalonil......................... < 1.000 50.00 ug/L Benzo(A)Anthracene..................... < 0.500 50.00 ug/L Pendimethalin.......................... < 0.200 5.00 ug/L Benzo(K)Fluoranthene................... < 0.200 50.00 ug/L Permethrin............................. < 0.200 50.00 ug/L Benzo(GHI)Perylene..................... < 0.200 50.00 ug/L Dinoseb................................ < 0.500 7.00 ug/L Diethyl phthalate...................... < 1.000 50.00 ug/L Disulfoton sulfone..................... < 0.200 50.00 ug/L Naphthalene............................ < 0.200 50.00 ug/L Bloc................................... < 0.200 50.00 ug/L Fluorene............................... < 0.200 50.00 ug/L Resmethrin............................. < 0.200 50.00 ug/L Fluoranthene........................... < 0.200 50.00 ug/L Ethyl Parathion........................ < 0.200 50.00 ug/L 1,2,4 Trichlorobenzene................. < 0.200 5.00 ug/L Propiconazole (Tilt)................... < 0.200 50.00 ug/L Carbazole.............................. < 0.200 50.00 ug/L Allethrin.............................. < 0.200 50.00 ug/L Metolachlor............................ < 0.200 50.00 ug/L Deltamethrin........................... < 0.500 50.00 ug/L Simazine............................... < 0.200 4.00 ug/L Prometryne............................. < 0.200 50.00 ug/L Bis(2-ethylhexyl)adipate............... < 0.500 400.00 ug/L Diethyltoluamide (DEFT) ................ < 0.200 50.00 ug/L Alachlor............................... < 0.200 2.00 ug/L Chlorofenvinphos....................... < 0.200 50.00 ug/L Bromacil............................... < 0.500 ug/L Carisoprodol........................... < 0.200 50.00 ug/L Metalaxyl.............................. < 0.200 50.00 ug/L Butylated hydroxytoluene............... < 0.200 50.00 ug/L Disulfoton............................. < 0.500 50.00 ug/L Benzo(B)Fluoranthene................... < 0.200 50.00 ug/L Malathion.............................. < 0.500 50.00 ug/L Dibenzo(A,H)Anthracene................. < 0.200 50.00 ug/L Cyfluthrin............................. < 0.200 50.00 ug/L Dimethyl phthalate..................... < 0.200 50.00 ug/L Pentachloronitrobenzene................ < 0.200 50.00 ug/L Dioctyl Phthalate...................... < 0.200 50.00 ug/L Triadimefon............................ < 0.500 50.00 ug/L Acenaphthene........................... < 0.200 50.00 ug/L Iprodione.............................. < 0.500 50.00 ug/L Anthracene............................. < 0.500 50.00 ug/L Terbufos............................... < 0.200 50.00 ug/L Carbamazepine.......................... < 0.200 50.00 ug/L Cyanazine.............................. < 0.200 50.00 ug/L Hexachloroethane....................... < 1.000 5.00 ugiL Kelthane............................... < 0.500 50.00 ug/L Total Triazines + Metabolites (Calc)... < 0.000 4.00 ug/L Methoprene............................. < 0.200 50.00 ug/L Results for Sample Group: SURFACTANTS analyzed by Suffolk County Department of Health Services _____________________________ Surfactants-MBAS....................... < 0.100 mg/L RESULTS CONTINUED ON NEXT PAGE.... 1 JVr': I:UVN'1'r 1JY:YAK'TMENT UY' aY;AL'TH 6Y:KV1l:tJ - WAT1:K AN-t X"b Requestor Name: PURITA C/O PATRICIA C. E Request No.: PROS 10 Location: .OL'D NORTH ROAD, SOUTHOLD Sample Date: 0811ulzd04 Sample•Location: TESTWELL Sanitarian: REILLY Treatment: NONE Field No.: 643-468-04-08-10 Notes: '<' symbol means "less than" indicating no detection. mg/L = milligrams per liter; ug/L = micrograms per liter. '*' symbol means level found exceeds the maximum contaminant level (MCL) or action level for lead and copper. Moderately restricted sodium diet should not exceed 270 mg/L. Severely restricted should not exceed 20 mg/L. The MCL for nickel is a proposed limit. Any MCL's not shown below have not been established. Result MCL Result MCL RESULTS CONTINUED FROM PRECEDING PAGE =_=== Results for Sample Group: VOLATILE ORGANICS analyzed by Suffolk County Department of Health Services Chlorodifluoromethane.................. < 0.500 5.00 ug/L Benzene................................ < 0.500 5.00 ug/L Dichlorodifluoromethane................ < 0.500 5.00 ug/L Toluene................................ < 0.500 5.00 ug/L Chloroethane........................... < 0.500 5.00 ug/L Chlorobenzene.......................... < 0.500 5.00 ug/L Bromomethane........................... < 0.500 5.00 ug/L Ethylbenzene........................... < 0.500 5.00 ug/L Chloromethane.......................... < 0.500 5.00 ug/L o-Xylene............................... < 0.500 5.00 ug/L Trichlorofluoromethane................. < 0.500 5.00 ug/L m-Xylene............................... < 0.500 5.00 ug/L Vinyl Chloride......................... < 0.500 2.00 ug/L p-Xylene............................... < 0.500 5.00 ug/L Methylene Chloride..................... < 0.500 5.00 ug/L Total Xylenes.......................... < 0.500 5.00 ug/L 1,1 Dichloroethane..................... < 0.500 5.00 ug/L 2-Chlorotoluene........................ < 0.500 5.00 ug/L trans 1,2 Dichloroethene............... < 0.500 5.00 ug/L 3-Chlorotoluene........................ < 0.500 5.00 ug/L Chloroform............................. < 0.500 80.00 ug/L 4-Chlorotoluene........................ < 0.500 5.00 ug/L 1,2 Dichloroethane..................... < 0.500 5.00 ug/L Diethyl Ether.......................... < 0.500 50.00 ug/L 1,1,1 Trichloroethane.................. < 0.500 5.00 ug/L Acrylonitrile.......................... < 0.500 5.00 ug/L Carbon Tetrachloride................... < 0.500 5.00 ug/L Ethyl Methacrylate..................... < 0.500 50.00 ug/L 1-Bromo-2-Chloroethane................. < 0.500 5.00 ug/L T. Chlorotoluene....................... < 0.500 5.00 ug/L 1,2 Dichloropropane.................... < 0.500 5.00 ug/L 1,3,5 Trimethylbenzene................. < 0.500 5.00 ug/L Trichloroethene........................ < 0.500 5.00 ug/L 1,2,4 Trimethylbenzene................. < 0.500 5.00 ug/L Chlorodibromomethane................... < 0.500 80.00 ug/L m,p-Dichlorobenzene.................... < 0.500 5.00 ug/L 2-Bromo-l-Chloropropane................ < 0.500 5.00 ug/L 1,2 Dichlorobenzene (o)................ < 0.500 5.00 ug/L Bromoform.............................. < 0.500 80.00 ug/L p-Diethylbenzene....................... < 0.500 5.00 ug/L Tetrachloroethene...................... < 0.500 5.00 ug/L 1,2,4,5 Tetramethylbenzene............. < 0.500 5.00 ug/L cis-1,2-Dichloroethene................. < 0.500 5.00 ug/L 1,2,4 Trichlorobenzene................. < 0.500 5.00 ug/L Freon 113.............................. < 0.500 5.00 ug/L 1,2,3 Trichlorobenzene................. < 0.500 5.00 ug/L Dibromomethane......................... < 0.500 5.00 ug/L Ethenylbenzene (Styrene) ............... < 0.500 5.00 ug/L 1,1 Dichloropropene.................... < 0.500 5.00 ug/L Isopropylbenzene....................... < 0.500 5.00 ug/L Methyl isothiocyanate.................. < 2.000 50.00 ug/L n-Propylbenzene........................ < 0.500 5.00 ug/L Carbon Disulfide....................... < 0.500 ug/L tert-Butylbenzene...................... < 0.500 5.00 ug/L Methyl Methacrylate.................... < 0.500 50.00 ug/L sec-Butylbenzene....................... < 0.500 5.00 ug/L n-Propane.............................. < 2.000 50.00 ug/L p-Isopropyltoluene..................... < 0.500 5.00 ug/L 1,1 Dichloroethene..................... < 0.500 5.00 ug/L n-Butylbenzene......................... < 0.500 5.00 ug/L Bromodichloromethane................... < 0.500 80.00 ug/L Hexachlorobutadiene.................... < 0.500 5.00 ug/L 2,3 Dichloropropene.................... < 0.500 5.00 ug/L Methyl-Tert-Butyl-Ether (MTBE).......... < 0.500 10.00 ug/L cis-1,3-Dichloropropene................ < 0.500 5.00 ug/L Naphthalene............................ < 0.500 50.00 ug/L trans-1,3-Dichloropropene.............. < 0.500 5.00 ug/L 1,4-Dichlorobutane..................... < 0.500 5.00 ug/L 1,1,2 Trichloroethane.................. < 0.500 5.00 ug/L Methyl Sulfide......................... < 0.500 50.00 ug/L 1,1,1,2 Tetrachloroethane.............. < 0.500 5.00 ug/L Dimethyldisulfide...................... < 0.500 50.00 ug/L 1,1,2,2-Tetrachloroethane.............. < 0.500 5.00 ug/L Bromobenzene........................... < 0.500 5.00 ug/L 1,2,3 Trichloropropane.................. < 0.500 5.00 ug/L 2-Butanone (MEK)....................... = 34.000 50.00 ug/L 2,2 Dichloropropane.................... < 0.500 5.00 ug/L Tetrahydrofuran........................ < 20.000 50.00 ug/L 1,3 Dichloropropane.................... < 0.500 5.00 ug/L Allyl chloride......................... < 0.500 5.00 ug/L Bromochloromethane..................... < 0.500 5.00 ug/L Methacrylonitrile...................... < 0.500 5.00 ug/L tert-Butyl-Ethyl-Ether................. < 0.500 50.00 ug/L d-Limonene............................. < 0.500 50.00 ug/L tert-Amyl-Methyl-Ether................. < 0.500 50.00 ug/L s s PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 October 28, 2004 Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 1 OCT 2 g 200,1 (BY HAND) I Re: Conservation Subdivision f---—� SCTM#1000-51-03-4.3 Dear Mrs. Woodhouse: Enclosed please find revised subdivision maps for your review and approval. After the original proposed lots were staked in the field, the proposed lots#1 and#2 were redesigned to reduce the encroachment on the agricultural use of the property. This reconfiguration of the lots is preferred by the applicant. This application has been awaiting Health Department approval. The Health Department had insisted on connection to public water for lots 1 and 2. An extension of the water line for these lots was estimated at over $200,000.00. Therefore, we requested a variance from this requirement from the Board of Review (Health Department Reference Number S 10-03-0008). However, the water test came back with Temik,Nitrates and Percholate. These chemicals can be easily filtered and with filters do not present a health risk. Nonetheless, a deeper well will be sampled. We have been advised that "Conservation Subdivisions" are favored by the Town, and the Town had negotiated expedited review with the Health Department, however,we are finding that the Health Department disregards this"agreement". We applied for a water test on July 11, 2004, the Health Department came out to test the water on August 10, 2004 and we finally received the results on October 14, 2004. We now face a re-testing due to deepening of the well. In the mean time the price of the development rights is stale (undervalued). The seller, Sawicki,is understandably furious that this process has taken so long. If the Planning Board and Land preservation is committed to the sale of development rights program then more has to be done with bringing the Health Department around to the goal of preservation. We ask for your support and advocacy. Very...tru)y yours, �---Patricia C. Moore cc: Mr. Purita PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road, Southold, NY 11971' (6$1) 765-4330 TO SUBJECT 2004 Sou pwningBOW ____________% _______ _IV4 .............. 64' 'n-e'w SIGNED LEE:] HSE. NSE. QQ 9' a;N$F�0 0' S1p.p, SQUN BLDG. o. `3S7 g2, A VENUE s 2 �. 74.3 3p3 5 E \s 1 0s °�--- ----8 'to --- -to o Q i NO S ` I I � I I a ` I ------------- •_ pT 3 F A R M F I E L D S W RESERVED AREA AREA WETLAND$ = 0.8496 Acre j AREA UPLANDS -21.6731 Acres TOTAL AREA 22.5227 Acres• f JJD. 9N i / I 0 Z N. 88.2b.49' W. 250.00, ` 60• fyjj CHARDONNAY DR yO1 Ne64sw ; a7s' - - -- t0020O0 T o so 0 3 ^ 140,5.75.sq.11. N v 1 Y• N 3 ,� I,,' a ^ R %voos aj O W O 230.00' °N U o o —S. 88°26'49 E. LOT w ` e v. 46$45'sq'.11. Lv Jzo' •,r I I ', 1 11 in !( I 1 I , I k \` LOT! I I JB.O' � W CO S. 86.0330-E. 388.90• j I Q I / � Y x �� m BUILDING ENVELOPE Y i I CO. I � P hN '•,2.2864 Acres Nq I i V l b Vl ' M OLD 2'I f--------•N86'03'30"Ni at BLOC _ s.s• x 158.00' 86'03'30"W 192.09' b86'03'30"W. S. 86.0330-E 0 58.00 I 100.00' 1 1 O — 45.00• o W I 120.00' I PROPOSED M1� MOB HOMf H o �,^ zt I J tW ., °W 2 i50.56 LOT LINE Ci eurLDiHc i a5 f c I o 1 y O f�it ee�}• Z �� �00�~o r7 MO o° —Nhol- -•et <L ZQ eW j I awl COI Oj I,+oio m O Tom{ 1^ HOLE o�Z o -'- i O n nniti ,� I! �I N^2I 1 03 J --- -' !� of ^I h I Z" h Z �- 2. Z �' o° l �1 -el27 Q DARK BROWN LOAM OL O U Z ! M. 161.53' 58.00'I W HSE` o HSE i .2650 �OQ.9 1• 4 'N8 3'30"W 21 .53' ` BROWN SANDY SILT ML Sya 608�QL•"� NORTH ROAD (C.R. 27) BROWN FINE TO COARSE SAND J, PLANNING BOARD MEMBERS P.O. Box 1179 BENNETT ORLOWSKI,JR. �� G Chairman coy� Town Hall, 53095 State Route 25 CODSouthold,New York 11971-0959 RICHARD CAGGIANO y • Telephone (631) 765-1938 WILLIAM J.CREMERS G Fax(631) 765-3136 KENNETH L.EDWARDS y �� MARTIN H.SIDOR �0.( `1►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 9, 2003 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Minor Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C- Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, December 8, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale, a 2.28 acre building envelope and a 148.68 x 65.00 foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, that the Southold Town Planning Board granted conditional sketch plan approval on the maps, dated as revised August 4, 2003, subject to the following conditions: 1. The 2.28 acre building envelope is located adjacent to County Road 48. No access or curb cut is shown on the plat to the building envelope. Please show access to the building envelope. A permit will be required from the Suffolk County Department of Public Works; and WHEREAS, in an October 20, 2003 letter, the applicant's agent has verified that the proposed 2.8 acre building envelope located upon the property will access Old North Road, a Town Road, and no improvements are proposed along a County Road; therefore be it . Purita Minor Subdivision — Page Two — 12/9/03 RESOLVED, that the Planning Board rescind Condition Number 1 as stated in the October 15, 2003 resolution. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Melissa Spiro, Land Preservation Coordinator PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 October 20, 2003 E C E 0 W E D Bennett Orlowski, Jr., Chairman Southold Town Planning Board NOV 1 3 2003 Town Hall 53095 Main Road Southold Town P.O.Box 1179 Planning Boare Southold, NY 11971 (BY HAND) Re: Conservation Subdivision SCTM#1000-51-03-4.3 Dear Mr. Orlowski: Thank you for the resolution dated October 15, 2003 granting sketch plan approval for the above referenced subdivision. Pursuant to item#2 of the resolution enclosed is an authorization form for your file, I apologize for my oversight. I have confirmed with the County of Suffolk that they do not have a CR 27 in Southold. and I have asked the surveyor to correct the map. The 2.8 acre parcel fronts Old North Road, a Town Road, and there will be no improvements along the County Road. In addition, the Sawicki lot line change requires no improvements along the County Road. I would respectfully request that you amend your resolution to eliminate condition #1. I have requested from the surveyor the proper labeling of this map as a minor subdivision and will submit it immediately upon my receipt. Very truly yours, __,.Patricia C. Moore cc: Mr. Punta PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries Authorization Letter Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 Re: minor subdivision-Purita SCTM#1000-51-3-4.3 I Frank Puita,as Contract Vendees of the above referenced property authorize my attorney,Patricia C.Moore to act as my agent and handle all necessary work involved in the subdivision process with the Southold Town Planning Board, and any other involved agencies. Signature: Frank Purita Swo /tiefore�n is day of��, 20e Gi' mWRE N Dlotary Public,State of New York Suffolk county-No..486166b/ Commission Expires June 16,._�- F ' PLANNIN T OR BOARD MELOWSKI,MBERSBENN Q��SUFFO(,��oG P.O. Box 1179 Chairman � y� Town Hall, 53095 State Route 25 o y Southold, New York 11971-0959 RICHARD CAGGIANO • Telephone(631) 765-1938 WILLIAM J.CREMERS G Fax(631) 765-3136 KENNETH L.EDWARDS Q MARTIN H.SIDOR ��•� `1►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 15, 2003 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Minor Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held.on Tuesday, October 14, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale, a 2.28 acre building envelope and a 148.68 x 65.00 foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the action, as submitted, meets the 75% preservation threshold as specified in Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No. 13 of 2003; and WHEREAS, on September 8, 2003, the Southold Town Planning Board acting under the State Environmental Quality Review Act, established itself as lead agency, and as lead agency issued a Negative Declaration for the proposed action; therefore, be it RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps, dated as revised August 4, 2003, subject to the following conditions: oo Purita — Page Two — 10/15/03 1. The 2.28 acre building envelope is located adjacent to County Road 48. No access or curb cut is shown on the plat to the building envelope. Please show access to the building envelope. A permit will be required from the Suffolk County Department of Public Works. 2. There is no record in the file of the applicant appointing you as his agent. Please submit an authorized letter stating such. 3. The plat is titled "Lot Line Change for Frank Purita..." Please amend the plat title to read "Minor Subdivision of Frank Purita". Sketch plan approval is conditional upon meeting the conditions and the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $5,000 ($10,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. Once we are in receipt of the above requested information, the application will be scheduled for an upcoming Work Session. Very truly yours, Bennett Orlowski, Jr. Chairman encl. cc: Melissa Spiro, Land Preservation Coordinator COUNTY OF SUFFOLK ✓ F ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING September 12, 2003 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Bd. ,M Main Road D \'1 Southold,NY 11971 Plat Name: Purita, Frank SAP 19 2003 Tax Map No.: 1000-051-03-4.3 Southold Town Planning Board SCPD File No.: S-SD-03-04 Dear Mr. Orlowski: 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. A decision of local determination should not be construed as either an approval or disapproval. The Department offers the following remark pursuant to Suffolk County Planning Commission Policy: The "building envelopes" shown on the Reserved Area should be specified for agricultural related structures only. Sincerely, Thomas Isles, AICP Direc of Planning Andrew P. Freleng, AICP Principal Planner APF:cc G:1CC HORNYISUBD I%ALD20031SEP1SD03-04.S EP LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR ■ P. O. BOX 6100 ■ (5 16) 653-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER(5 16) 653-4044 Sep 15 03 03: 13p Ng , a Law Office.. G317654643 p. l 5i - 3 - , 4.3 0 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 FACSIMILE COVER SHEET The pagOS comprising t"'is facsimile transmission contain confidential information from Patricia C. MooLe- This information is intended solely for use by the individual entity named as the recipient hereof. If you are not the intended recipient, be aware that any disclosure, copyiu-.', distribution, or use of the contents of this transmission is ,)i.otlibited. If you havE\ received this transmission in error, p1E,ase _notify u.s by uel Yph._nE: immediately so we may arrance to retrieve 't'!-_'.s trai-smissien at _io _est to you. r TO i DATE. 3 _ j TOTAL NUMBER OF PAGES IAICLUDIIIG COVER SHEET IF TRANSMISSION IS FAULT,. OR ITCOMPLETE, PLEASE tkLL BACC 4S, SOON AS POSSIBLE. CLIENT NAIME: 02ERATOR: I i WE S E P 1 6 2003 Southold Town 'Planning Board I Sep 15 03 03: 14p Moore Law Office -6317654643 p. 3 MR) �j AW - PATRICU C.MOORE j. Attomey at Law 51020 Main Road S.C.DIVISION OF R STATE Sowhold,New York 11971 ADPAINISTRA Tel:(631)765-4330 j Fax:(631)765-4643 Margaret Rutkowski Melissa McGowan Secretaries August 5, 2003 Ms. Christine Costigan Director of !,teal Estate County of Suffolk P.0.13ox, 6100 Hauppauge, NY 11788-0099 Re- P•l.ri to ,sale of Development Rights oawicki ;Farm 1�)OU-51 G3-4 .3 Costigan: Lr. accordance with our telephone conversation:, enc%used please fired a map prepared by Peconic Surveyors daa�ed November 6, 2002, and last amended August 4 , 2003 . My client , Mr. Purita, has a contract with the County for the sale of development rights for 21+/- acres of the agricultu__a.l :land. Mr. Purita intends to continue to farm this lanrl and wishes to be assured that he can locate an :tgricultural building. along the north end of the ?roperty; while we recognize that -he County Law allows agricul_.oral buildings on lard where development rights nave been sold, my client would prefer to provide for a ncn-development rights building envelope for the pla:.e:nrarjt of the agricultural building. The surveyor has jdent',�ied the area ( 60 feet from Sound view Avenue and G5 x 148 .68 ) for placement of the agricultural building �r bui �dings . ;je would ask that you review ...and pprove our request. ��err.ter ours, atricia C_ Moore � cc . F,rane Purita Sep 15 03 03: 14p Moore Law ,Office 631f654643 p. 2 COUNTY OF SUFFOLK , II ROHERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE CHRISTINE D.COSTIGA14 DEPARTMENT OF PLANNING DIVISION OF REAL ESTATE DIVISION DIRECTOR , (631)853-5928 August 18, 2003 r f ; Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: Purita sale of Development Rights Sawicki Farm 1000-51-03-4.3 i Dear Ms. Moore: In response to your letter of August 5, 2003,',I can adviseiyou that the County agrees that the area appurtenant to the development rights to be purchased uy the County will not include the 65 x 148.68 section indicated on the map (Peconic Land Surveyors, Nov. 6, 2002, revised August 4, 2003) attached to your letter. I understand Mr. Purita'chooses to retain this plot for his',own purposes, unfettered by I development rights restrictions. Yours truly, Ua a C, CDC:cb Ilk AUG 2 2 2003 ! ; l LOCATION MAILINC AVDREoS ' P.O.C'ax 61 00 (831 1853-'J900 W.LEE D6iYNI50N BLDG. TELECOPIER (631)9S3.8p05 100 VETERANS MEMORIAL N:GbWAY ♦ F/AUPPAUGG,iVY 11788'�0099 ♦ TELECOPIER (631)853.5906 i i 617.20 Appendix A State Environmental Quality 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. Frequently,there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not 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 enough 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. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: 0 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 magnitude 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 Minor Subdivision of Frank Purita Name of Action Town of Southold Planning Board Name of Lead Agency Bennett Orlowski Chairman Print or Type Name of Responsible Officer in Le Agency Title of Responsible Officer i nature of Responsible Officer in Lead Age Z8,2003 ure of Preparer(If differe t1rom r onsible officer) Septem website Date Page 1 of 21 MANNING BOARD MEMBERS O�OSQFF���COG P.O. Box 1179 Chairman � y� Town Hall,53095 State Route 25 C y Southold, New York 11971-0959 RICHARD CAGGIANO v, • Telephone(631) 765-1938 WILLIAM J.CREMERS �KENNETH L.EDWARDS Fax(631) 765-3136 y Q� MARTIN H.SIDOR ��.( `�►a PLANNING BOARD OFFICE September 9, 2003 TOWN OF SOUTHOLD Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 RE: Proposed Minor Subdivision of Frank Purita Located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, September 8, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale and a 2.5083 acre building envelope; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23±acres); and WHEREAS, the action, as submitted, meets the 75% preservation threshold as specified in Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No. 13 of 2003; therefore, be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, I Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBERS O��g�FFO(,��o P.O. Box 1179 NNETT ORLOWSKI,JR. G y� Town Hall, 53095 State Route 25 Chairman o y Southold, New York 11971-0959 RICHARD CAGGL4N0 W_ • Telephone (631) 765-1938 WILLIAM J.CREMERS Fax(631) 765-3136 KENNETH L.EDWARDS y fit' MARTIN H.SIDOR ��.( `1►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant September 8, 2003 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Minor Subdivision of Frank Purita SCTM#: SCTM#s 1000-51-3-4.3 Zoning District: A-C Location: Located n/o the intersection of Old North Road & CR 48 and s/o Sound View Avenue in Southold SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Rights Sale and a 2.28 (amended August 4, 2003) acre building envelope. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. A .84 acre freshwater wetland exists on site just south of the proposed lot location, however due to SEQR Negative Declaration - Page Two the distance from the proposed action, no significant impact will occur. No construction is proposed within 100 feet of the freshwater wetlands. The Town of Southold Town Trustees issued a letter of non-jurisdiction on August 27, 2003. The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality (residential use) or quantity (indicated as 600 g.p.d.), traffic or noise levels will occur; nor will there be a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources will occur. The proposed action is not adjacent to a Critical Environmental Area as designated pursuant to subdivision 617.14(g). The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of any known important historical, archaeological, architectural, or aesthetic resources or existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. SEQR Neqative Declaration - Page Three For Further Information: Contact Person: Mark Terry, Senior Environmental Planner Address: Planning Board Telephone Number: (631) 765-1938 Enc. cc: Sheri Aicher, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant kII-I SUFF Albert J. Krupski,President W14 Town Hall James King,Vice-President = Gym 53095 Route 25 Artie Foster o P.O.Box 1179 W 2 Southold,New York 11971-0959 Ken Poliwoda G Peggy A.Dickerson ifi� Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES .. TOWN OF SOUTHOLD TO: Mark Terry, Senior Environmental Planner FROM: Board of Trustees DATE: August 27, 2003 RE: Proposed Minor Subdivision of Frank Purita SCTM#1000-51-3-4.3 The Southold Town Board of Trustees has reviewed the survey last dated June 20, 2003 prepared by John T. Metzer and determined the proposed minor subdivision to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code. However, if the dirt farm road is improved, any activity within 100' of a Wetland line would require permits from this office. PLANNING BOARD MEMBERS og�FFO�,�►C' BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman = G'y� Town Hall, 53095 State Route 25 o - Southold, New York 11971-0959 RICHARD CAGGIANO COD �? Telephone (631) 765-1938 WILLIAM J. CREMERS O Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 28, 2003 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of: Minor Subdivision of Frank Purita Hamlet/Locality: Southold S.C.D.P.W. Topo No.: See plat Zoning: A-C S.C. Tax Map No.: 1000- 51-3-4.3 Major Sub. Minor Sub. X_Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: Preliminary Plat (3 copies)_(X)_ Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) 1. One copy of Environmental Assessment Form. Waiver of Subdivision Requirements - See attached sheet Referral Criteria: The property is located n/o and within 500 feet of the Long Island Sound and County Road 48. Page 2 Southold Town Planning Board Referral SEQRA STATUS: 1. The project is an ( X ) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( ) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. NO SEQR DETERMINATION HAS BEEN ISSUED 3. E.I.S. statement enclosed. ( ) Yes (X ) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( X )No Comments: The applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Right Sale and a 2.5083 acre building envelope. Access to the Lot 1 and 2 is proposed from Chardonnay Drive. The fate of the existing north/south farm road has not been determined. We request acknowledgement of receipt of this referral ( X ) Yes ( ) No Referral received 2003 by the Suffolk County Planning Commission and assigned File No. Sincerely, Bennett Orlowski, Jr. Chairman DART 1—PROJECT INFORMA7 4 •� 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 additiona!� 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. r NAME OF ACTION �.,J-jV e- /2(J t/7-19 /)1 I/v(-)ra UIS n I Vi S t D/kj LOCATION OF ACTION(Include Street Address, Municipality and Countvi 44W,0 6&TA"e, ✓ td-106 �27 4-AID Saves VrOV /tV15:: NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE. Ave 1,7-4- OS ADDRESS CITYIPO STATE ZIP CODE /may 11-7 NAME OF OWNER(If different) BUSINESS TELEPHONE A�_O i/V4 Clo 4/G/a/z- t0CJW," ( ) 2_e1,r - �r S ADDRESS QX / L/ CITY/PO STATE ZIP CODE M., -fit a)&r- DESCRIPTION OF ACTION =�l 7• 5✓ ,:icy' j� ��f,-.uti� cfi.�,v�a= �t�r s•�t��c ; y Sc-77,3-P17TET 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) ❑Rural (non-farm) ❑Forest Agriculture ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) Z G acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acresu�(r�_ 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 site6"5,1"7 ,/ LC'Myn a. Soil drainage: NWell drained �% of site ❑Moderately well drained % of site ❑Poorly drained 3 % 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? 20 5 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes XNo a• What is depth to bedrock? (in feet) 2 5, Approximate percentage of pr project-site with slopes: ❑0-10% j % 010-15% Dojo �' ❑15% or % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National ` Registers of Historic Places? OYes 1,XN0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes 'kN0 8. What is the depth of the water table? 'IbO (in feet) 9. Is site located over a primary, principal, or sole source aquifer? AYes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes Clo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? []Yes ON 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) OYes l*0 Describe 13. Is the project site ,presently used by the community or neighborhood as an open space or recreation area? Oyes *o If yes, explain 14. Does the present site include scenic views known to be important to the community? rAYes ❑No 15. Streams within or contiguous to project area: - 4 JQAJv 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 _�'I�J�GLh/� IG 'ilZ� b. Size (In acres) 3 tt 1 17. Is the site served by existing public utilities? ❑Yes )aN0 a) If Yes, does sufficient capacity exist to allow connection? Oyes ❑No b) If Yes, will improvements be necessary to allow connection? OYes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? VYes ❑No 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? ❑Yes 3:No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes No 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 acres. b. Project acreage to be developed: 3 66-TS acres initially; L-075 acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: 1✓/,A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed /1/4- %; f. Number of off-street parking spaces existing Al'/,1k ; proposed . g. Maximum vehicular trips generated per hour M� (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially rq 13 As;5- Ultimately 3 , B i. Dimensions (in feet) of largest proposed structure N' height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? $� ft. 3 2. How much natural material (i ock, earth, etc.) will be removed from ' ite? tons/cubic yards' 3. Will disturbed areas be reclairneu? Oyes `'ONo ;(RN/A a. If yes, for whit intend— purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONo / c. Will upper subsoil be stockpiled for reclamation? OYes ONo e 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? S acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes }$No r 6. If single phase project: Anticipated period of construction �- months, (including demolition). 7. If multi-phased: NIA a. Total number of phases anticipated (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? OYes ONo 8. Will blasting occur during construction? OYes jKlo 9. Number of jobs generated: during construction J after project is complete S� 10. Number of jobs eliminated by this project C� 11. Will project require relocation of any projects or facilities? ❑Yes '54No If yes, explain 12. Is surface liquid waste disposal involved? E (es N0 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 ONo Type 5/3W/222!L-X 14. Will surface area of an existing water body increase or decrease by proposal? OYes $No Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes )f 10 16. Will the project generate solid waste? IXYes ONo a. If yes, what is the amount per month '"MJD tons b. If yes, will an existing solid waste facility be used? OYes ONo c. If yes, give name ; location _ d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes �1No 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? X[Yes ONo e0e6V1_,—&_ — 64)Cto PAIJC7-16� C111JLy,. 19. Will project routinely produce odors (more than one hour per day)? ❑Yes _�KNo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes XNo 21. Will project result in an increase in energy use? ®''Yes ONo If yes , indicate type(5) VC7 A.Y_ 22. If water supply is from wells, indicate pumping capacity 7I n gallons/minute. 23. Total anticipated water usage per day 66>0 gallons/day. E 24. Does project involve Local, State or Federal funding? OYes KIo If Yes, explain 4 25. Approvals Required: SubmittaF 1e Date City, Town, Village Board ❑Yes N[No. City, Town, Village Planning Board NYes ONo tM Ylt)Y 5 t,19C1W City, Town Zoning Board ❑Yes U�No City, County Health Department ItlYes ❑No 15u'10Ak'J Other Local Agencies t7rYes XNo Other Regional Agencies []Yes [?�No State Agencies ❑Yes [�No Federal Agencies Dyes (]No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? XYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit 75subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? A -- 3. What is the maximum potential development of the site if developed as permitted by the present zoning? O-TS 4. What is'the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 13 L n t-5 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? .Yes ONo 7. What are the predominant land use(s) and zoning classifications within a '/, mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/, mile? Ayes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? .._1 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes -"'�o 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Yes WWO a. If yes, is existing capacity sufficient to handle projected demand? KYes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes X140 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 N e � ICkl v• Yt' Date -!-1 f 6—D5 Signature i e If the action is in the Coastal Ar a, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 14-14.11 (2187)-9c n 1 ( .G 1 5 zU R '- Appendix B ' _-_te Environmental Quality F__ - iew '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 r Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 1/a-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 ❑ ❑ ❑ ❑ E/ 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? ❑ ❑ ❑ ❑ ls�' • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ S2" • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ Fer natural features? :{ • National Park Service lands? ❑ ❑ ❑ ❑ l2 'a • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ or Recreational? �f • Any transportation corridor of high exposure, such Ltd ❑ ❑ ❑ ❑ 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 designat_on? • A site, area, lake, reservoir or highway designated as L ❑ ❑ ❑ ❑ scenic? // • Municipal park, or designated open space? M ❑ ❑ ❑ ❑ • County road? Y ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ • Local road? iZ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) ,��/� ❑Yes IIN`lo 3. Are any of the resources checked in question 1 used by the public during the time of year during Vrye 1ch the project will be visible? s ❑No 1 DESCRIPTION OF EX'I., — G VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a ile *.1 mile Essentially undeveloped ❑ Forested ❑ ❑ Agricultural El Suburban residential ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond 9 ❑ Cliffs, Overlooks ❑ y Designated Open Space ❑ Flat ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *112 mile ❑Yes ❑No *1 miles ❑Yes ❑No *2 miles ❑Yes El No *3 miles dyes ❑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 Da1W Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ At a residence ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ E 2 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 August 19, 2003 ' BY HAND Southold Town Planning Board Southold Town Hall �. Main Road Southold, NY 11971 Att : Mark Terry RE : Purita - WOO . 54 3 �•,3 Sound View Avenue, Southold, NY Dear Mark: As per your request, enclosed please find five (5) prints of the Lot Line Change for Frank Purita last revised Aug. 4 , 2003 . If you need anything else, please do not hesitate to contact me . Very.. t-ru$y yours, Patricia C. Moore PCM/mr Encls . E PU EOW E D AUG 1 9 2003 Southold Town Planning Board SOUTHOLD FIRE DISTRICT PO Box 908 SOUTHOLD, NY 1 1971 (631 ) 765-4305; FAx: (631) 765-6914 August 14, 2003 Mr. Mark Terry Southold Town Planning Board PO Box 1179 Southold, NY 11971 Re: SCTM# 1000-51-3-4.3 Dear Victor: Please be advised that the Board of Fire Commissioners has reviewed the above mentioned map and found that there is adequate fire protection for this parcel. No firewells will be required. This letter is valid for one year. Sincerely, 04 is iv C� C 0 d D Cynthia Caprise Fire District Secretary AUG 1 8 2003 Southold Town Planning Board COUNTY OF SUFFOLK ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS RICHARD J.LAVALLE, P.E. CHARLES J.BARTHA,P.E. LESLIE A.MITCHEL CHIEF DEPUTY COMMISSIONER COMMISSIONER DEPUTY COMMISSIONER July 29,2003 Town of Southold Planning Board Office PO Box 1179 Town Hall, 53095 State Route 25 Southold,NY 11971-0959 D C np Attn: Mark Terry, Senior Environmental Planner U .Re: CR 48,North Road and Sound Avenue,Southold J UL 3 1 2003 ' Frank Purita Minor Subdivision SCTM#1000-51-3-4.3 Southold Town a rd Gentlemen: This Department has reviewed the above-referenced site plan. Specifically note that: This Department's acceptance of the Town as lead agency, pursuant to Part 617, Article 8 (SEQRA), in no way waives the County's rights pursuant to 239K of the General Municipal Law and Section 136 of the Highway Law. A permit from this Department will be required pursuant to Section 136 of the Highway Law for any improvements this Department deems necessary along the County right-of-way. Before a permit is issued by this Department for these improvements, documentation pursuant to Section 239f of the New York State General Municipal Law must be forwarded to us from the Town Building Department for our review and comments. If you have any questions,kindly contact this office at 852-4100. Very truly yours, William S. Shannon,P.E. Chief Engineer By: M.Paul Campagndfa Director of Highway Planning&Permits WSS/MPC/dm SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (631)852-4010 335 YAPHANK AVENUE 0 YAPHANK,N.Y. 1 1980 ■ FAX(631)852-4150 Sv✓�� firr POLICE DEVAQTMENT TOWN Of SOUTHOLD CARLISLE E.COCHRAN,JR Chief of Police Telephone Emergency Dial 911 MEMORANDUM TO: Mark Terry, Senior Environmental Planner D E C E � U E FROM: Chief Carlisle E. Cochran,Jr. J U L 2 5 2003 DATE: July 24, 2003 Southold Town RE: Proposed Minor Subdivision of Frank Purita Board There appears to be no effect on public safety. 41405 Route 25 • P.O. Box 911 • Peconic, N.Y. 11958 Administrative (631) 765-2600/2601 • Fax (631) 765-2715 PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �� G,y P.O. Box 1179 Chairman ® .� Town Hall, 53095 State Route 25 CA Z Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS Fax(631) 765-3136 �J01 �a� MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Inter-Office Mail MEMORANDUM To: Chief Carlisle Cochran, Jr., Police Department From: Mark Terry, Sr. Environmental Planner Date: July 22, 2003 Subject: Proposed Minor Subdivision of Frank Purita This proposed minor subdivision is for 3 lots on 27.03 acres. N/o intersection of C.R. 27 and C.R.48 and s/o of Sound View Avenue SCTM#1000- 51.-3-4.3 Zoning District: A-C Enclosed please find the proposed Minor Subdivision of Frank Purita plat for comment regarding public safety. Please contact me in this office if you have any questions. aft. cc: File JUL 2 3 2003 New York.State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40-SUNY, Stony Brook, New York 11790-2356 Phone:..(631)444-0365 FAX: (631)444-0360 - LEAD AGENCY COORDINATION RESPONSE July 22, 2003 Mark Terry Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Proposed Minor Subdivision of Frank Purita n/o intersection of C.R. 27 and C.R. 48 and s/o Sound Avenue Southold, NY 11971 Dear Mr. Terry: This letter is in response to your Lead Agency Coordination Request of July 15,2003 regarding lead agency coordination forthe above project pursuantto the State Environmental Quality Review Act (SEQRA)of the Environmental Conservation Law and it's implementing regulations(6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please advise the applicant that the construction of a road or the undertaking of any other regulated activities within 1 00'of the freshwater wetland boundary at this site will require a Freshwater Wetland Permit from this Department. if you have any questions, please call me at 63,i-444-0403. Sinc rely, ram• Sherri Aicher VU D E E V E Environmental Analyst J U L 2 4 2003 Southold Town Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. �� G,f, P.O. Box 1179 Chairman o= Town Hall, 53095 State Route 25 C* Z Southold, New York 11971-0959 RICHARD CAGGLANO W Tele hone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS ��,iL ® `� Fax(631) 765-3136 ��l �a� MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Infer-Office Mail MEMORANDUM To: Chief Carlisle Cochran, Jr., Police Department From: Mark Terry, Sr. Environmental Planner Date: July 22, 2003 Subject: Proposed Minor Subdivision of Frank Purita This proposed minor subdivision is for 3 lots on 27.03 acres. N/o intersection of C.R. 27 and C.R.48 and s/o of Sound View Avenue SCTM#1000- 51.-3-4.3 Zoning District: A-C Enclosed please find the proposed Minor Subdivision of Frank Purita plat for comment regarding public safety. Please contact me in this office if you have any questions. aft. cc: File PLANNING BOARD MEMBERS BENNETT ORLOWSKI,JR. h� Gy P.O. Box 1179 Chairman - Town Hall, 53095 State Route 25 y = Southold,New York 11971-0959 RICHARD CAGGLANO �. Telephone(631) 765-1938 WILLIAM J.CREMERS Gy �� Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21, 2003 Cynthia Caprise, Secretary Southold Fire District P.O. Box 908 Southold, New York 11971 Dear Ms. Caprise: Enclosed please find one (1) survey, last revised 6/20/03, for the Minor Subdivision for Frank Purita, located n/o the intersection of Old North Rd. & CR 48 and s/o Sound Ave., Southold. SCTM#1000-51-3-4.3 0, The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is beingreferred to you for our Y Y recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, Mark Terry Senior Environmental Planner enc. �' g�FFO(�► PLANNING BOARD MEMBERS OHO COG BENNETT ORLOWSKI,JR. P.O. Box 1179 Chairman Town Hall, 53095 State Route 25 ti = Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J.CREMERS O1i Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOB PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 15, 2003 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 assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Minor Subdivision of Frank Purita Located n/o intersection of C.R. 27 and C.R. 48 and s/o Sound Avenue in Southold. SCTM#1000-51-3-4.3 Zone: A-C Requested Action: The applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of 22.5227 acre development right sale and a 2.5083 acre building envelope. A .8496 freshwater wetland exists on the western property boundary. The plat shows a 100' buffer area around the wetland and no development is proposed within this area. The applicant proposes to sell development rights on 23± acres. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 J r Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether 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 your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, , Bennett Orlowski, Jr. Chairman cc: Board of Appeals 4,Board of Trustees Building Department Southold Town Board Suffolk County Department of Health Services NYSDEC - Stony Brook Suffolk County Department of Public Works U.S. A&My-euip-of-ErnyinuurT 4 New York State Department of Transportation Suffolk County Water Authority *Maps are enclosed for your review PART 1 —PROJECT INFORMP )N 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 additiona!� 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 �..4-- e PO /T1 //Yo j S 013 D I Vi S /0/fit LOCATION OF ACTION(Include Street Address, Municipality and CnnntO c� /3 e E?All 4-AID j p(vM9 V/a+ /VI�- NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE. ADDRESS CITY/PO STATE ZIP CODE /`Y 1 //9? NAME OF OWNER(If different) BUSINESS TELEPHONE _ A�611V4 ��GdJrG;t✓/ ��o �J/G/a/L GVtCI��j ( ) 2`j,r- >� S ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION Bois L.s,VY S`A c: 6F_ DEV- , 12- &Y T SiD79) 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 AResidential (suburban) ❑Rural (non-farm) ❑Forest [.Agriculture ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) �s �by�� acres t1`(�_ 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?<_'Ifl� LC��}7il� a. Soil drainage: NWell drained t'-0 % of site ❑Moderately well drained % of site ❑Poorly drained 3 % 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? 20'5 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes No a. What is depth to bedrock? (in feet) 2 5. Approximate percentage of pro, project site with slopes: ❑0-10% _ % ❑10-15% ❑15% or Ater - °% 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 XNo 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes 'kN0 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? KYes ❑No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes AA 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? Dyes XNo 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) Dyes IAN0 Describe 13. Is the project site ,presently used by the community or neighborhood as an open space or recreation area? Dyes *o If yes, explain 14. Does the present site include scenic views known to be important to the community? �KlYes ❑No �9T,)g4C,Oj_lVpC pip tvj"Itrj�TIG' 15. Streams within or contiguous to project area: 4-1Q/UE% 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 _&P f4c Atr 16�i e- b. Size (In acres) LA 17. Is the site served by existing public utilities? ❑Yes )jN0 a) If Yes, does sufficient capacity exist to allow connection? ❑Yes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes ❑No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ,Yes ❑No 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? ❑Yes 10I.!No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑YesNo - 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 acres. b. Project acreage to be developed: 3 LCYS acres initially; 3 L-c)-M acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles: lv/iA , (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed /✓/+ %; f. Number of off-street parking spaces existing /✓/,/f ; proposed /✓�, g. Maximum vehicular trips generated per hour 61 � >� (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially r 13 $�, Ultimately 3 i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 3s ft. 3 ' 2. How much natural material " `- rock, earth, etc.) will be removed iron- 'site? tons/cubic yards 3. Will disturbed areas be recl;...,._'d? Dyes "ONo ;KLN/A a. If yes, for what intend. purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ONo / c. Will upper subsoil be stockpiled for reclamation? Dyes ONo C 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes �No 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: WA a. Total number of phases anticipated '(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 ONo 8. Will blasting occur during construction? Dyes NO 9. Number of jobs generated: during construction Ur after project is complete S� 10. Number of jobs eliminated by this project LJ 11. Will project require relocation of any projects or facilities? Dyes 14No If yes, explain 12. Is surface liquid waste disposal involved? Lees )No 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? 7�yes ONo Type 5/37�/iTY�2y :14. Will surface area of an existing water body increase or decrease by proposal? Oyes No Explain 15. Is project or any portion of project located in a 100 year flood plain? ❑Yeslo 16. Will the project generate solid waste? NYes ONo a. If yes, what is the amount per month "J-B.P 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 ONo e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes XNo 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 ❑No A6i0f6UL I- -'e - &UCAg PNIX Ref.1-i 19. Will project routinely produce odors (more than one hour per day)? ❑Yes Plo ONLY, 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes ,XNo 21. Will project result in an increase in energy use? MYes ONo If yes , indicate type(s) 22. If water supply is from welts, indicate pumping capacity — gallons/minute. 23. Total anticipated water usage per day 600 gallons/day. E 24. Does project involve Local, State or Federal funding? OYeslo If Yes, explain 4 25. Approvals Required: Submittal 1e Date City, Town, Village Board El Yes NNO City, Town, Village Planning Board AYes []No City, Town Zoning Board ❑Yes [KNo City, County Health Department ltlYes ❑No 5L110AVd Other Local Agencies tYYes JNo Other Regional Agencies ❑Yes C&No State Agencies ❑Yes [ N0 Federal Agencies ❑Yes IS No C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? "]Yes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit J16subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning class ification(s)of the site? Ar -- 3. What is the maximum potential development of the site if developed as permitted by the present zoning? l--5 L...o`Ts 4. What is 'the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 11 I to Ts 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? P.Yes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? Byes ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 9 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes -"kQIo 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? .Yes IM10 a. If yes, is existing capacity sufficient to handle projected demand? Kyes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes 0l0 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. ll Applicant/Sponsor N e Ti-c &- Yl' Date -lam Signature i to If the action is in the Coastal Ar a, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 14.14-11 f21e7)-9c U 1 r .L 1 5 tU K Appendix 8 1te Environmental Quality view Visual 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: 0-1/4 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 ❑ ❑ ❑ ❑ W 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? ❑ ❑ ❑ ❑ M/ ,�/ • Rivers designated as National or State Wild, Scenic El El El ElS2 or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? �/ • A governmentally established or designated interstate t�1 ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as E/ ❑ ❑ ❑ ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ • Local road? iZ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal? (i.e., screened by summer foliage, but visible during other seasons) ���/ El Yes MNo 3. Are any of the resources checked in question I used by the public during the time of year during2ryfioe ich the project will be visible? s ❑No 1 DESCRIPTION OF EXi G VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a ile *1 mile Essentially undeveloped ❑ Forested ❑ ❑ Agricultural ❑ Suburban residential ❑ Industrial ❑ ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond 1Z ❑ Cliffs, Overlooks ❑ Ez Designated Open Space (r ❑ Flat ❑' ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: *'/2 mile ❑Yes ❑No *1 miles ❑Yes ❑No *2 miles ❑Yes ❑No *3 miles dYes ❑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 Daiw Weekly Weekends Seasonally Travel to and from work ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ At a residence ❑ ❑ ❑ At worksite ❑ ❑ ❑ ❑ Other ❑ ❑ ❑ ❑ E 2 PLANNING BOARD MEMBERS O�OS0FF0(,�co BENNETT ORLOWSKI,JR. �� G,f, P.O.Box 1179 Chairman o= Town Hall, 53095 State Route 25 W Z Southold, New York 11971-0959 RICHARD CAGGIANO � Telephone (631) 765-1938 WILLIAM J. CREMERS �1i Fax (631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 15, 2003 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 RE: Minor Subdivision of Frank Purita Located No the intersection of Old North Rd. & CR 48 and s/o Sound Ave. in Southold SCTM#1000-51-3-4.3 Zone: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, July 14, 2003, adopted the following resolution: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a 22.5227 acre Development Right Sale and a 2.5083 acre building envelope; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the action, as submitted, meets the 75% preservation threshold as specified in Local Law No. 3 of 2002; therefore, be it RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Unlisted Action. The plat has be'9n referred to the Suffolk County Planning Commission the Town of Southold Police, the Southold Fire Department and Town Trustees for review and comment. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman Pr:5 M`Mel PATRICIA C. MOORE 3pjun Attorney at Laws 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Secretary July 9, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold,NY 11971 (BY HAND) Re: Frank Purita SCTM# 1000-51-03-4.3 Dear Mr. Orlowski: Enclosed please find a survey showing the location of the proposed barn(50'x 100')which will be used for standard agriculture use of storage of agricultural equipment and materials. My client plans to design a barn that resembles the Macari Barn on Sound Avenue, Mattituck. In addition he intends to place a standard greenhouse(25'x 60')behind the barn for crop propagation. My client would ask for approval of the County Agricultural Committee before he completes his subdivision and sale of development rights to assure himself that he can construct the proposed agricultural buildings on County Development Rights land. If you wish to discuss this further please do not hesitate to contact me. L6rjy truL- yours, Lp tric a C. Moore D CE WE F�" 1 0 2003 Southold Town Planning Board PATRICIA C. MOORE 51020 MAIN ROAD, SOUTHOLD, NY 11971 (518) 785-4330 DATE---.....G:..�_.!...'�o._�_.._._....... To __ (:�C..! t,. __:.-...-- ----------_:_-_ SUBJECT-,,-...------............. �� o la nin BoarA --.----------.. - _ _..__.... - -........ _--__ .. ......_._..... __ - __._.....__.._..__...._- SIGNED._ --- h Yc� THIS AGREEMENT, made this;] day of e tu fber, Two Thou I UL 7 2003 BETWEEN � I Southold Town a.11ld Ctci��d�cl tyi dt Planning Board Frank Purita, as contract vendeyc e,hereinafter described as the SELLER, 19995 Soundview Avenue, Southold,New York 11971 and the COUNTY OF SUFFOLK, a municipal corporation, having its principal offices at County Center,Riverhead,New York, hereinafter described as the PURCHASER, WITNESSETH, that the SELLER agrees to sell and convey, and the PURCHASER agrees to purchase, as authorized by Chapter 8 of the Suffolk County Code, and in accordance with Resolution No. 285-1981, as amended, and Resolution No. 405-2001 of the Suffolk County Legislature, on file with the Clerk of the Suffolk County Legislature, the Development Rights, as hereinafter defined, in all that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known as Suffolk County Tax Map No. 1000-051-03-p/o 4.3 more particularly bounded and described as set forth in the description annexed hereto as Exhibit "G". 1. Development Rights, as authorized by§247 of the New York State General Municipal Law, as amended, shall mean the permanent legal interest and right to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Chapter 8 of the Suffolk County Code, as amended, and the right to preserve open space as that term is defined in §247 of the General Municipal Law as amended, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production or to subdivide same. By the sale of such development rights and interest, the SELLER shall be deemed to have covenanted and agreed that the SELLER, and the heirs, legal representatives, successors and assigns of the SELLER, shall only use the premises on and after the date of delivery of the instrument of conveyance to the County of Suffolk for the purpose of such agricultural production. Such covenant shall run with the land in perpetuity. The provisions of this paragraph shall survive the delivery of the instrument of conveyance. 2. The SELLER acknowledges that by the terms of this contract and the declarations in the deed, that it has been informed that neither the SELLER, nor his heirs, successors in interest, successors in title or assignees shall be permitted to remove soil from the property to be covered by these development rights. A purpose of this acquisition is to protect topsoil by limiting non- agricultural production uses of the land. The topsoil present on the premises consists of prime/unique/important soil. The representation is intended to also serve as a covenant running forever with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 3. The power and purpose of the PURCHASER is limited to acquiring the Development Rights in land presently used or suitable for agricultural production and the PURCHASER reserves the right, upon obtaining a survey and inspecting the premises in relation thereto, to hold a public hearing on said purchase and acquisition, and thereafter, either cancel this agreement if the premises are not entirely used or suitable for agricultural production or to accept that portion HARe_condemnTEWPurita Sawicki Farmland Preservation.doc 1 of the premises which is suitable for agricultural production, as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. 4. The price is Six Hundred Fifty-Five Thousand Five Hundred and 00/100 ($655,500.00) DOLLARS,based on the representation of the SELLER that the premises contain 23+ acres of cropland, the development rights of which are valued at Twenty-Eight Thousand Five Hundred and 00/100($28,500.00)DOLLARS per acre. The commutation of acreage to determine purchase price shall not include land contained in the bed of any easement, public road, private road, any land as to which an other person or the public may have any rights, any wetlands,riparian lands, littoral lands, and/or body of water,but title to the Development Rights to all such areas as the SELLER may have shall,nevertheless,be conveyed to the PURCHASER. The price will be adjusted to the actual acreage to be determined by a survey, as set forth below. PURCHASER will have the premises surveyed by a professional engineer or licensed land surveyor of its choice, at its expense, to determine the actual acreage of the area suitable for agricultural production. If the SELLER is dissatisfied with the PURCHASER'S survey, SELLER may have the premises surveyed by a licensed land surveyor of his choice, at his expense, to determine the actual acreage of the area suitable for.agricultural production. If there is a substantial variation between the two surveys, the actual acreage of the area suitable for agricultural production for the purpose of this contract shall be determined by a third surveyor to be selected by the first two surveyors. The determination of the third surveyor shall be binding, and the third surveyor's cost shall be borne equally by the SELLER and PURCHASER. If a SELLER'S survey or a third survey is secured, the recomputation of acreage to determine purchase price shall not include land contained in the bed of any easement,public road private road any land as to which any other person or the public may have any rights any wetlands riparian lands littoral lands, and/or body of water,but title to the Development Rights to'all such areas as the SELLER may have shall, nevertheless,be conveyed to the PURCHASER. There shall be no other adjustments or apportionments. The aforestated price for the total acreage as noted above shall be payable by Suffolk County check at the time of closing, subject to paragraph 8 of this agreement. 5. The deed shall be in the form approved by the Suffolk County Attorney, and shall be duly executed and acknowledged so as to convey to the PURCHASER,the Development Rights of the said premises, free of all liens and encumbrances, except as herein stated. If the SELLER is a corporation, it will deliver to the PURCHASER at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance 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 said section. 6. Any sums paid on account of this contract and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens on said premises,but such liens shall not continue after default by the PURCHASER under this contract. HARe_condemn\PEM\Purita Sawicki Farmland Preservation.doc 2 j 7. A. Subdivision shall be defined as the division of the land covered by the development rights into two or more parcels in whole or in part. B. The SELLER covenants and agrees that the underlying fee title retained by the SELLER may not be subdivided into plots by the filing of a subdivision map pursuant to §§276 and 277 of the Town Law and/or §335 of the Real Property Law,without the written recordable consent of Purchaser. C. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin,by will or by operation of law, or with the written recordable consent'of the PURCHASER. D. Any subdivided parcels would be subject to the requirement that they be used for agricultural production as defined herein. Subdivision shall not include the right to construct any new structures or relocate any existing structures, except as would otherwise be permitted herein. E. Pursuant to Suffolk County Code §8-5(E)(2) and Suffolk County Administrative Code §A14-32, a proposed subdivision shall be reviewed by the Farmland Committee and its recommendation shall be forwarded to the County Legislature for further consideration. F. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, the following sub-paragraphs shall apply: (1) Lots created by the proposed subdivision shall remain viable for agricultural production, either individually or as part of an established farming operation. (2) The United States Secretary of Agriculture shall be notified prior to granting such permission for a subdivision. The provisions of this section shall survive delivery of the instrument of conveyance and shall be considered a covenant running with the land in perpetuity and shall be binding upon the SELLER, its heirs, successors and assigns, and shall inure to the benefit of the PURCHASER and its successors and assigns. 8. Said development rights to the premises herein are to be conveyed subject to: (a)no mortgages, liens;or encumbrances; (b) any state of facts an accurate survey may show,providing same does not render title to the development rights unmarketable; (c) covenants, easements, restrictions of record, if any,provided same do not prohibit the use of the premises for agricultural production as defined herein, and further provided that such covenants, easements or restrictions do not diminish the approved appraised value of said property; (d) determinations made after public hearing; (e) consents and permits, if necessary, as may be required by any federal, state or local agency having jurisdiction; (f) an environmental audit of the premises showing the premises to be free of contamination from toxic and/or hazardous substances; HARe_condemnTENITurita Sawicki Farmland Preservation.doc 3 (g) Suffolk County Administrative Code Section A14-30(M) attached hereto as Exhibit"I",which states, in effect, that transfer of title to this parcel or interest therein shall take place within two years after the effective date of the County resolution authorizing acquisition of the same; (h) compliance with New York State Agriculture and Markets Law §305(4); (i) compliance with Resolution No. 425-2002, implementing Real Estate Division Reform, as applicable; and 0) subject to S btaining at his sole cost and expense all municipal approvals for a lot line modification to taxZp lot numbers 1000-51-3-4.1 and 6.1. cOY-h-,cL'Ve,.4 ey is 9. The PURCHASER may make its determination of whether the premises are free from all encumbrances, on the basis of its own examination of the title, or that of its agents, or a title report of a member company of the New York Board of Title Underwriters, and may require the SELLER to clear title exceptions raised to the satisfaction of the PURCHASERS and, if any is involved,the title company. 10. If, at the date of closing, there may be any other liens or encumbrances which the SELLER is obligated to pay and discharge, the SELLER may use any portion of the balance of the purchase price to satisfy the same,provided the SELLER shall simultaneously either deliver to the PURCHASER at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record,together with the cost of recording or filing said instruments. The SELLER agrees to sign such proper vouchers for the closing check(s) as may be requested by the Suffolk County Comptroller and Suffolk County Treasurer at least two weeks prior to the date fixed for closing. The PURCHASER, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate checks as requested, aggregating the amount of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the SELLER shall comply with the foregoing requirements. 11. If a search of the title discloses judgments;bankruptcies or other returns against other persons having names the same or similar to that of the SELLER, the SELLER will, on request, deliver to the PURCHASER an affidavit showing that such judgments, bankruptcies or other returns are not against the SELLER, if such is the case. 12. In the event that the SELLER is unable to convey title in accordance with the terms of this contract, the sole liability of the SELLER will be to pay the cost of examining the title,by the PURCHASER, the PURCHASER'S agents, or the PURCHASER'S title company,which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the cost of any survey made in connection therewith incurred by the PURCHASER and upon such payment being made, this contract shall be considered canceled. 13. The SELLER, simultaneously with the execution and delivery of this agreement,has also delivered the required verified public disclosure statement for filing with the County Comptroller; a copy of that statement is attached. At the time of the closing, the SELLER shall submit a current:statement or a sworn statement that there have been no changes in interest_since the date of this agreement. Any evidence of a conflict of interest or prohibited contractual relationship shall require approval of the contract and sale by the Supreme Court of the State of New York. HARe_condemn\PEM\Purita Sawicki Farmland Preservation.doc 4 14. The deed shall be delivered at the offices of ROBERT J. CIMINO, Suffolk County Attorney, H. Lee Dennison Building, 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge,New York, 11788_or at such other place as may be agreed upon by the parties, at 10:00 o'clock in the forenoon, on or about 90 days from the date the public hearing hereunder is held, subject to a survey guaranteed to Suffolk County pursuant to paragraph 4 herein first being received. 15. The parties agree that no broker brought about this sale and the SELLER agrees to hold the County of Suffolk harmless and to indemnify PURCHASER for any claims for brokers commissions arising out of this transaction. 16. The SELLER herein agrees to comply with all disclosure requirements as imposed upon the PURCHASER through the various and several local laws and resolutions as enacted by the Suffolk County Legislature. 17. The SELLER further agrees to file and execute all affidavits, documents and vouchers as required by said local laws of the County of Suffolk, rules, regulations, ordinances, statutes and resolutions of the Suffolk County Legislature. This requirement shall survive the closing of title and delivery of the deed. 18. The SELLER represents that the premises are agricultural land used for bona fide agricultural production as defined herein. At no time, to the SELLER'S knowledge,has the premises been used for the generation, storage, or disposal of hazardous substances, or, as a landfill or other waste disposal site. There are not now, nor have there ever been,underground storage tanks, to the SELLER'S knowledge, on the premises. 19. The SELLER represents that there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any Environmental Law; or the disposal, discharge or release of solid wastes,pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the premises or SELLER'S ownership or use of the premises. 20. The SELLER represents that no consent or approval is needed from any governmental agency for the transfer of the development rights from SELLER to PURCHASER, and neither the execution of this agreement, nor the closing of title, will violate any Environmental Law. 21. These representations and warranties contained in paragraphs 18, 19, 20, and 22 shall survive the closing, shall be binding upon SELLER and its successors and assigns, and shall inure to the benefit of PURCHASER and its successors and assigns. 22. The SELLER covenants and agrees that it will: (a)Not generate, store or dispose of hazardous substances on the premises,nor allow others to do so; HARe_condemnTEIATurita Sawicki Fan-niand Preservation.doc 5 (b) Comply with all Environmental Laws; (c)Allow PURCHASER and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement: (d) Where Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, representatives of the United States Department of Agriculture shall also have the right to enter the property for monitoring conservation plan implementation. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 23. SELLER covenants and agrees that he will defend, indemnify, and hold harmless the PURCHASER and any of its officers, agents, employees, and their respective successors and assigns, against any and all damages, claims, losses, liabilities and expenses, including,without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of(1) any inaccuracy or misrepresentation in any representation or warranty made by SELLER in this agreement and/or the subject deed; (2)the breach or non-performance of any covenants required by this agreement and/or the subject deed to be performed by the SELLER, either prior to or subsequent to the closing of title herein; (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes,pollutants or hazardous.substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights; or(4) the acts or omissions or negligence of the SELLER. This covenant shall,run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 23A. If Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, the United States of America shall also-be deemed to be an indemnified party under the indemnification as stipulated in Paragraph 23, and the SELLER shall also indemnify the PURCHASER and United States of America as to the following: Violations of any laws and regulations which are now or which may in the future become applicable and including,but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq.,the Comprehensive Environmental Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136, et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f, et seq. (2)judgments, claims, demands,penalties or fees assessed against the United States; (3) costs, expenses and damages incurred by the United States of America, or(4) the release or threatened release of any solid waste, HARe_condemnTEMPurita Sawicki Farmland Preservation.doc 6 hazardous waste,hazardous substance,pollutant contaminant, oil in any form or petroleum product into the environment. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 24. (a)The SELLER has been advised that Federal grants and/or funds maybe used and/or reimbursed to the PURCHASER for this acquisition. Accordingly, the parties agree to abide by the following language, where applicable because Federal funds have been or will be received. (i) .Cnntingent Right in the United.States of America; In the event that the PURCHASER fails to enforce any of the terms of this easement(or other interests in land), as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the PURCHASER attempts to terminate, transfer, or otherwise divest itself of any rights,title, or interests of this easement(or other interests in land) or extinguish the conservation easement (or other interests in land)without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement(or other interests in land) shall become vested in the United States of America. (ii) Unless otherwise agreed to by the PURCHASER,United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets, the PURCHASER shall hold title to any conservation easement or interest in land. However, title may be held by the United States of America at the request of the Secretary of Agriculture upon mutual agreement of the PURCHASER,United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets. (iii) SELLER covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F.R.,Part 12, and is approved by the Conservation District. SELLER covenants to file an AD-1026,Highly Erodible Land and Wetland Certification Form at the appropriate United States HARe_condemnTEM\Purita Sawicki Farmland Preservation.doc 7 Department of Agriculture Service Center. (iv) After the DEVELOPMENT RIGHTS have been acquired by the PURCHASER, any amendments to the Deed of Development Rights shall be authorized by the United States of America. (b) The SELLER has been advised that State grants and/or funds may be used and/or reimbursed to the PURCHASER for this acquisition. Accordingly,the parties agree to abide by the following language, where applicable because State funds have been or will be received. (i) After the development rights have been acquired by the PURCHASER, any amendments to this Agreement/Easement, shall be authorized by the N.Y.S. Department of Agriculture and Markets. Any and all of the above covenants shall run with the land in perpetuity, and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement, and further shall be incorporated into any instruments of conveyance. 25. At the closing of title hereunder, if the SELLER is not a foreign person as that term is defined in Internal Revenue Service Code 1445(f)(3) and the regulations issued thereunder, SELLER shall,deliver to PURCHASER a non-foreign affidavit. In the event that,the SELLER is such a foreign person, or in the event that PURCHASER has actual knowledge that the non- foreign affidavit is false, then PURCHASER shall deduct,withhold and deliver to the Internal Revenue Service a tax equal to ten(10%)per cent of the purchase price of such amount as has been provided for in a Treasury Department qualifying statement. :26. It is understood and agreed that all understandings and agreements had between the parties hereto are merged in this contract,which,with the exhibits, fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. 27. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 28. Local Law#32-1980-The SELLER(S)represent and warrant that he(they)has(have) not offered or given any gratuity to any official, employee, or agent of Suffolk County,New York State, or of any political party,with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person(s)has(have)read and is(are) familiar with the provisions of Local Law#32-1980, annexed hereto as Exhibit "C". 29. A copy of Chapter 8 of the Suffolk County Code, annexed hereto as Exhibit "E", is incorporated by reference herein and made a part hereof; and the SELLER agrees and acknowledges that his/her/its successor(s)in interest, grantees,heirs and assignees shall be bound thereby by all its terms,provisions and conditions as they now exist and as they may be in the HARe_condemn\PEM\Purita Sawicki Farmland Preservation.doc 8 future amended. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 30. If two or more persons constitute either the SELLER or the PURCHASER, the word "SELLER" or the word "PURCHASER" shall be construed as if it read "SELLERS" or "PURCHASERS" whenever the sense of this agreement so requires. 31. It is understood and agreed by and between the parties to this contract that the SELLER has retained or will retain certain portions of his property and exclude said portions from this sale to the County of Suffolk. That by reason thereof, the SELLER does hereby further covenant and agree that no application for the erection of a residential dwelling will be made to the PURCHASER as to those areas not retained by the SELLER and the subject of the development rights,by himself or his heirs, successors or assigns. Said covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 32. The SELLER acknowledges that the PURCHASER must comply with New York State Agriculture and Markets Law §305(4), attached hereto as Exhibit "J", if the subject premises is located within an agricultural district, in that the PURCHASER is acquiring an interest in land, from the SELLER, i.e., farmland development rights. Should that be the case, as early as possible in the development of a proposal of such an action, the PURCHASER is obliged to file a preliminary notice of its intent with the Commissioner of Agriculture and Markets of New York State, and the county agricultural and farmland protection board, i.e., the acquisition of the subject farmland development rights. Thereafter, said board reports its findings and recommendations to said Commissioner who may hold a hearing subject to legal notice, and thereafter render a determination thereon. This procedure shall not apply and shall be deemed not applicable or waived, respectively, either(a) if the subject premises is not located within an agricultural district; or(b) if the subject premises is located within an agricultural district, if the SELLER agrees and executes a waiver to such effect and provide a copy thereof to the Commissioner,pursuant to New York State Agriculture and Markets Law §305(4)(d), attached hereto as Exhibit 'K". Accordingly, SELLER agrees, upon his execution of this contract, to also execute such a document advising the PURCHASER of the SELLER'S election, which, as appropriate, shall then be forwarded by the PURCHASER to the Commissioner. 33. A. Pursuant to Suffolk County Code §8-5(E)(4) and (6), new construction, erection, installation or placement of structures on the Premises is permitted as provided herein. B. All new construction shall be for the purposes of agricultural production, consistent with New York State Agriculture and Markets Law §301,New York State General Municipal Law §247, and Suffolk County Code §8-1. C. All new construction shall be subject to permit approved by a majority vote of the Farmland Committee. D. Applications for operation or construction of a farm stand shall also be subject to the provisions of Suffolk County Code §8-6. HARe condemnTEWPurita Sawicki Farmland Preservation.doc 9 E. In its consideration of permit applications, the Farmland Committee shall consider the use of the structure for agricultural production, the effect of the proposed structure on topsoil consistent with the purpose stated in Paragraph 2 of this Contract and the impact on vistas. F. New construction shall include,but not be limited to, fencing, paving and relocation of existing structures. G. Renovation, maintenance and repairs of existing structures are not deemed to be new construction and are not subject to the permit requirement. In order to fall within the scope of this exception, renovation, maintenance and repairs may not enlarge or change the footprint or change the primary purpose of the existing building to a non-agricultural production use. This covenant shall run with the land in perpetuity, and the provisions of this Paragraph shall survive the delivery of any instruments of conveyance pursuant to this Agreement. 34. The(1) Title report, (2)Environmental Site Assessment and(3) Survey shall constitute a Baseline Data Report, in order to evidence the present condition of the premises (including both natural and manmade features) so as to facilitate future monitoring and enforcement of the Development Rights. Copies of the listed documents shall remain on file with the PURCHASER and zhall be made available to the SELLER. The provisions of this paragraph shall survive the delivery of any instrument of conveyance pursuant to this agreement. 35. (a) Recreational uses such as hiking, hunting, fishing, boating, horseback riding that do not conflict with N.Y. Agric. &Mkts. Law §301, Suffolk County Code Chapter 8 and, if federal funding is received, the purpose of Section 2503 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171), are permitted. (b) Use of the premises for more than de minimis commercial recreational activity is prohibited. Under no circumstances shall athletic fields, golf course or ranges, commercial airstrips, commercial helicopter pads or any other structure or improvement inconsistent with current or future agricultural production be constructed on the premises. 36. (a) With the exception specified herein, exploration for, or development and extraction of minerals and hydrocarbons from the premises by any means is prohibited. (b) Surface mining involving gravel and sand removal may be permitted where such removal is small scale (proportionate to the whole or no more than two acres in the aggregate, whichever is less), does not breach the water table, and is collateral, subordinate and incidental to the agricultural production uses permitted on the Premises by Suffolk County Code Chapter 8. 37. Any amendments to this Contract and the subject Deed, shall be in writing and . executed in recordable form by the SELLER and the PURCHASER. The provisions of this paragraph shall survive the delivery of any instruments of this conveyance. HARe_condemnTEMPurita Sawicki Farmland Preservation.doc 10 IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto the day and year first above written. IN PRESENCE OF: COUNTY OF SUFFOLK FRANK PURITA 27; By: ERICA.KQlrP Chief Deputy<ounty Executive Approved as to form, not reviewed as to execution: ROBERT J. CIMINO Suffolk County Attorney APPROVED: n By: DAVID P. FISHBEIN By: CHRISTINE D. TIGAN Bureau.Chief Division Director of Real Estate Real Estate/Condemnation Bureau Department of Planning Department of Law 1 HARe_condemnTEMPurita Sawicki Farmland Preservation.doc 11 01/27/2003 14:07 FAX 63185358U5 5. t . iJly tU AL J;sles 11; C. VVL STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the 17'h day of 5a'�u a`" n tY a year 2003,before me,the undersigned, personally appeared Frank Purita,'personallyl nown to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s) acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16, `o STATE OF NEW YORK) ss.. COUNTY OF SUFFOLK) On the 2JSpday of in the year 200j before me,the undersigned, personally appeared Eric A.Kopp,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. Z Signature and Office of Individ Taking Acknowledgment ROBERT E.REICH Notary Public,State of New York No.01RE5037781,SuffolkCountY Term Expires January 9, �'7 H-.\Re condemn\PEWurita Sawicki Farmland Pmsamatian.doc 12 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 June 24, 2003 BY HAND Southold Town Planning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re : Contract Vendee (Owner Albina Sawicki) Frank Purita minor subdivision Premises : CR 27 & Sound View Avenue Southold, New York Dear Ladies/Gentlemen: Enclosed please find revised maps of the above referenced conservation subdivision. If you need anything else, please do not hesitate to contact me . Verb—tal yours, e Patricia C. Moore PCM/mr Encls . pE -Q";a E0 E JUN 25 M Southold Towr1 Planning Board C D VET PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan C/L_-e/D/ Secretaries April 28, 2003 Bennett Orlowski, Jr., Chairman Southold Town Planning Board D E C E 0 VE Town Hall 53095 Main Road , P.O.Box 1179 Southold, NY 11971 Southold Town (BY HAND) Planning Board Re: Conservation Subdivision SCTM#1000-51-03-4.3 Dear Mr. Orlowski: I represent Frank Purita who wishes to submit a conservation subdivision. The property is presently owned by Mrs. Abina Sawicki, my client is under contract to purchase the property from Mrs. Sawicki. Mrs. Sawicki is represented by Attorney Abigail Wickham. The majority of the acreage (20 acres) is the subject of a sale of development rights to the County of Suffolk. The specifics of the parcel as follows: Total acreage: 27.4093 Sale of Development Rights: 20+/- acres Lot Line Change: Sawicki will be retaining acreage to enlarge their existing lots (Lot line changes proposed by Sawicki by her attorney, Abigail Wickham) s Minor subdivision: Lot 1 & lot 2 (cluster) access from Chardonnay Drive Lot 3- Farm Lot (while we are not selling the development rights to the acreage in Lot 3 Mr. Purita intends the farm house and agricultural use and farm buildings within the lot area)The size of this lot could be adjusted,however,we wish to retain a sufficiently large lot to make the lot practical for agricultural production. Please review the enclosed application and map for inclusion in the "conservation subdivision"program. The County is awaiting the lot line division for Mrs. Sawicki. The development of the lots was previously reviewed by the Planning Board and your recommendations were incorporated into this plan. If you wish to discuss this further please do not hesitate to contact me. Very tr-ul-yyours, "7 atricia C. Moore cc: Melissa Spiro, Land Preservation Office w/ enclosure Application and surveys PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Melissa McGowan Secretaries March 7, 2003 C E 0 �n Bennett Orlowski, Jr., Chairman ® U Southold Town Planning Board Town Hall MAR 53095 Main Road P.O.Box 1179 Southold Town Southold,NY 11971 Planning Board Att: Mr. Mark Terry (BY HAND) Re: SCTM#1000-51-03-4.3 Sale of Development Rights Dear Mark : As we discussed enclosed please find a revised plan for the above referenced parcel dated January 15,2003. Mr.Frank Purita is in contract to purchase the above referenced parcel from Mrs. Sawicki. Mrs. Sawicki is submitting a lot line change application which she must complete before the title closes. Simultaneous with the lot line application but independent of the lot line application, Mr. Purita wishes to submit a minor subdivision application to develop 3 lots on 1000-51-03-4.3 with the balance of the development rights for land sold to the County. We have negotiated the contract, the County has had the public hearing, and we are awaiting a return of the contract from the County. Please place this matter before the Planning Board. I wish to be present when the Planning Board discusses the plan so please let me know if it is on for the next meeting. If you wish to discuss this further please do not hesitate to contact me. Ye6 tru ryo rs, �i'� L;atricia.C. Moore LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J.BRESSLER 275 BROAD HOLLOW ROAD ABIGAILA.WICKHAM SUITE III LYNNE M.GORDON 631-298-8353 MELVILLE, NEW YORK 1,1747 JANET GEASA TELEFAX NO. 631-298-8565 63I-249-9480 TELEFAX NO.63I-249-9484 January 3, 2003 Attn: Mark Terry Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold,New York 11971 Re: Sawicki Property—North Road, Southold,New York SCTM# 1000-51-3-4.1, 4.3 & 6.1 Dear Mark: We represent Mrs. Albina Sawicki,who is selling her farm,tax lot 4.3,to Frank Purita. Mr. Purita is negotiating a sale of development.rights to Suffolk County. Mrs. Sawicki and her son each own a residence on the edge of the farm property,tax lots 6.1 and 4.1,respectively. Mrs. Sawicki would like to increase the size of the undersized residence parcels slightly, using land that will not be used in the farming operation. Enclosed is a map of the three parcels showing proposed lot line changes. Prior to submission of the lot line change application, we would like to schedule a work session meeting to discuss same. Very truly yours, Abigail A. Wickham AAW/dm encl. 30/shdtpb2 t. F cc: T. Caufield, Peconic Land Trust ` .g JAN U o [,4._