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1000-102.-2-24
h 'F TEST t4_Q LE DEC ?L -"E4 ' 00' _ ,.4, zoo .~,::¢. 4o0 f jy PLANNING BOARD MEMBERS SCOTF L. HARRIS a r� r- � ;.^•;..� �.�,.;a Supervisor Richard G.Ward, Chairman George Ritchie Latham,Jr. -� 8 Town Hall, 53095 Main Road Bennett Orlowski,Jr. P. O. Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards •"'`'"' Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516) 765- 1823 TOWN OF SOUTHOLD October 5, 1993 Richard Cron Cron & Cron Main Road P.O. Box 953 Cutchogue, NY 11935 Re: Proposed Minor Subdivision S.H Friemann & Others SCTM* 1000-102-2-24 Dear Mr. Cron: The following took place at a meeting of the Southold Town Planning Board on Monday, October 4, 1993 : The final public hearing which was opened on August 9, 1993 , was - closed. The following resolution was adopted: WHEREAS, Sanford Friemann and Henry Rienecker are the owners of the property know and designated as SCTM# 1000-102-2-24, located on the north side of Main Road; 1658.7 feet west of Cox' s Lane in Cutchogue; and -- WHEREAS, this minor subdivision is for 3 lots on 19. 596 acres (2 lots in the General Business District and 1 lot in the Agricultural Conservation District) ; and WHEREAS, a decision was rendered on December 13 , 1990 by the Zoning Board of Appeals on the matter of S.H. Friemann and others granting approval of insufficient frontage (lot width) along the Main Road of proposed Lot #3 and insufficient lot depth of proposed Lot #2, and for approval of access according to New York Town Law, Section 280-A over a private right-of-way subject to the following condition: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) ; and WHEREAS, pursuant to a judgment entered on October 5, 1992 in the matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the above application as a minor subdivision and to grant the relief therein requested; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8) , Part 617, declared itself Lead Agency and issued a Negative Declaration on April 22 , 1993 ; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 4, 1993 ; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED that the Southold Town Planning Board approve and authorize the Chairman to endorse the- final survey dated April 15, 1993. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward ,ems Chairman enc. CC: Thomas 'Fisher, Building Inspector ,in Charge Scott A. Russell, Chairman, Board of Assessors Gerard P. Goehringer, Chairman, Zoning Board of Appeals Harvey Arnoff, Town Attorney Sanford Friemann, Applicant l PHONE:852-2000 SUFFOLK -COUNTY CLERK'S OFFICE ' Edward. P. RQma.inP, . COUNTY CLERK .g1VF_Rf1EAj,. NEW YORK 11901 own of Southold Assessor Town of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Map of : Fn'(�.mann 102. -Z - Z� Was Filed , I) I3o163 Filed Number, A}-stract Number , �3�08 Township , Southold t CU_* oor— . Owner: say �rienn - - Very truly yours, County Clerk F Map Department Cm No. 49 12-157:613S PLANNING BOARD MEMBERS 14. ax'•. Richard G.Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham, Jr. € rt Ri P. 0. Box 1179 Bennett Orlowski,Jr. ,�, �� Southold, New York 11971 Mark S. McDonald ' �•� Fax(516)765-3136 Kenneth L. Edwards '� Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES October 4, 1993 Present were: Richard G. Ward, Chairman Bennett Orlowski, Jr. Mark McDonald G. Ritchie Latham Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha A. Jones, Secretary Absent: Kenneth Edwards Mr. Ward.: Good evening. I'd like to call the October 4, 1993 Southold Town Planning Board meeting to order. The first order of business, the setting of the next Planning Board meeting. Board to set Monday, October 25, 1993 at 7:30 p.m. , Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board meeting. Is there a second? Mr. Latham: I second that. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Hearings Held Over From Previous Meetings: Mr. Ward: S.H. Friemann and Others -- This minor subdivision is for 3 lots on 19.596 acres located on the north side of Main Road; 1658.7 feet west of Cox's Lane in Cutchogue. The subject parcel is located in both the Agricultural Conservation (A--C) District and the General Business (B) District. SCTM# 1.000--102--2--24. Is anybody here that would like to address the Board? Southold Town Plann: Board 2. --,ober 4, 1993 Richard Cron: Richard J. `:Cron from Cron & Cron for the petitioner Sanford Friemann. I think the record ought to be corrected as far as this Board and that is that the Board is treating this particular application as one consisting of a three lot subdivision. I would refer the Board clearly to the court's decision in the Article 78 proceeding that was here before brought as well as the judgement that supports that decision. The court is clear in its decision, that what is in focus in this case is basically a two lot subdivision on B Business property. 'There is no subdivision of the 17 acre A--C parcel. Now, the Board is attempting to bring that in for the purpose of obviously supporting a determination made by the Cutchogue Fire District to the effect that a firewell ought to be placed on this property at some time in the future in the event a building, or-whatever, may be constructed thereon. I submit to the Board that this is not part of a minor subdivision. The Board does not have any authority or jurisdiction to require anything with respect to that particular parcel. What this Board is dealing with, and solely dealing with is a 2 lot subdivision., on a B Business zone; one of which lots is already improved with a structure. The court is likewise clear on this determination that no widening is required of the existing road which has Section 280A approval under the Town law. For you to attempt to get the applicant through a covenant and restriction to agree to that which the court says he does not have to do, places this Board in a position of being held in contempt. Now, I have warned you before, not only will I go for contempt but if we go and get criminal contempt you'll hire your own attorneys and you will defend yourself because the Town of Southold cannot and will not defend you. That will lead to damages and I assure you will see you in Federal Court under under a 1.993 civil rights property action. Now, I believe the Town Attorney has written to this Board a letter dealing with it's recommendation or it's understanding of what the judgement of the court is. I trust that this Board will follow the direction of the Town Attorney before it renders any decisions tonight. Mr. Ward: Anybody else like to address the Board on this particular parcel? Any comments from the Board? Mr. Latham? Mr. Latham: I'd like to offer a resolution. Whereas, Sanford Friemann and Henry Rienecker are the owners of the property known and designated as SCTM# 1.000--102--2--24, located on the north side of Main Road; 1-658.7 feet west of Cox's Lane in Cutchogue; and Whereas, this minor subdivision is for 3 lots on 1.9.596 acres (2 lots in the General Business District and 1. lot in the Agricultural Conservation District); and Whereas, a decision was rendered on December 13, 1990 by the Zoning Board of Appeals on the matter of S.H. Friemann and Others, granting approval of insufficient frontage (lot width) along the Main Road of proposed Lot #3 and insufficient lot depth of proposed Lot #2, and for approval of access according to New York Town Law, Section 280--A over a private right--of--way subject to the following condition: Southold Town Plann" Board 3 ;ober 4, 1993 That the access right--of--way be maintained in good condition to a minimum width of 1.8 feet (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law); and Whereas, pursuant to a judgement entered on October 5, 1.992 in the matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the above application as a minor subdivision and to grant the relief_ therein requested; and Whereas, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8) , Part 617, declared itself lead agency and issued a Negative Declaration on April 2.2, 1993; and Whereas, a final public hearing was closed on 'said subdivision application at the Town Hall, Southold, New York on October 4, 1993; and Whereas, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore Resolved, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated April 15, 1993. Mr. Ward: One thing, before we take a second on this motion, I'd like td offer a resolution to close the .hearing. Mr. Orlowski: So moved. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski,. Mr. Latham, Mr. Ward. Mr. Ward: Rich, on your resolution then is there a second? Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: '11_crest Estates - Section 2 -- This major subdivision is for .2.0 lots on 22.9 a located in Orient. SCTM# 1.000-=1-3--2.--8.5. Is there anybody here tonigh at would like to address the Board on this project? If not, what's the pleasur thee Boa-fd? Mr. McDonald: Mr. Cha lan�ake a mo ' n— hold the hearing open for ii the proposed subdivi n of Hillcrest Estates, Sectors he client continues to p r-sue approval from the Suffolk County Department of Health �r�rces. . f �IO'G47?i ClY!?,C!' ..:(D'G477i �ade S/6 C�pp J� ✓Voz 9ss Hand Delivered September 17, 1993 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Proposed Minor Subdivision S.H. Friemann and others 1000-102-2-24 O Dear Sirs: In accordance with my telephone conversation with Town Attorney Harvey Arnoff, Esq. , on September 13, 1993, it was agreed that the Planning Board meeting with respect to the above-captioned matter to be held on September 13, 1993, was to be kept open pending further discussions with the Town Attorney in an effort to resolve outstanding matters. Please be advised that the applicant waives any time restraints that would be imposed upon the Board as a result of the foregoing. Very truly yours, C,rofi and i ,.' c • r J C RJC:afw cc: Sanford H. Friemann Harvey Arnoff, Esq. -LE a SEP 17 1993 ' °Jvi�i i"loci�•!V H�+1��` G l�IuiJH"D ,y PLANNING BOARD MEMBERS ' SCOTT L. HARRIS Supervisor Richard G.Ward, Chairman George Ritchie Latham,Jr. ; �� Town Hall, 53095 Main Road Bennett Orlowski,Jr. U P.O.Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD September 14, 1993 Richard Cron Cron & Cron Main Road P.O. Box 953 Cutchogue, NY 11935 - Re: Proposed Minor Subdivision S.H Friemann & Others SCTM# 1000-102-2-24 Dear Mr. Cron: The following resolution was adopted by the Southold Town Planning Board at a meeting held on 'September 13 , 1993 : BE IT RESOLVED that the Southold Town Planning Board hold the final hearing open since the Board has not received the draft Declaration of Covenants and Restrictions that was requested in the Board' s July 13 , 1993 letter. It is understood that you are scheduled to meet with the Town Attorney in regard 'to your letter of July 16, 1993. The hearing will be continued at the Board' s next regularly scheduled meeting which is October 4, 1993 . The draft Declaration of Covenants and Restrictions must be received prior to that date unless some other determination is made as a result of your meeting with the Town Attorney. Sincerely, Richard G. Ward �s Chairman cc: Mr. Friemann PLANNING BOARD MEMBERS ,, �r SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �� �' Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: Harvey A. Arnoff, Town Attorney FROM: Richard G. Ward, Chairman RE: Proposed Minor Subdivision S.H. Friemann & Others SCTM# 1000-102-2-24 DATE: August 25, 1993 It is my understanding that a meeting held on Friday, August 20th was attended by Richard Cron, Valerie Scopaz and yourself in regard to the above mentioned subdivision, and that you await Mr. Cron' s response to the issues discussed at this meeting. Upon Mr. Cron's response, please attend a work session to discuss same with the Planning Board members. Our next work session is scheduled for Monday, August 30th at 4:30 P.M. It is hoped that this issue can be resolved prior to September 13th, as the final public hearing which was opened on August 9th is scheduled to be continued on that date. J PLANNING BOARD MEMBERS ny SCOTr L. HARRIS Supervisor Richard G.Ward,Chairman - George Ritchie Latham,Jr. �4' Town Hall,53095 Main Road Bennett Orlowski,Jr. P.O.Box 1179 Mark S. McDonald Southold,New York 11971 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE Fax(516)765- 1823 TOWN OF SOUTHOLD August 10, 1993 Richard Cron Cron & Cron Main Road P.O. Box 953 Cutchogue, NY 11935 - Re: Proposed Minor Subdivision S.H Friemann & Others SCTM# 1000-102-2-24 Dear Mr. Cron: The following resolution was adopted by the Southold Town Planning Board at a meeting held on August 9, 1993: "r BE IT RESOLVED that the Southold Town Planning Board hold the . final hearing -open since the Board has not received the draft =Declaration of Covenants and Restrictions that was requested in the Board's July 13, 1993 letter. It is understood that upon your return from vacation, you are •-,scheduled to meet with the Town Attorney in regard 'to your -T letter of July 16, 1993 . The hearing will be continued at the Board's next regularly - scheduled meeting which is September 13 , 1993. The draft Declaration of Covenants and Restrictions must be received prior 'to that date unless some other determination. is made as a result of your meeting with the Town Attorney. Sincerely, Richard G. Ward 44S Chairman cc: Mr. Friemann COUNTY OF SUF1 K ss: STATI.- OF NEW YORK Patricia Wood,- being duly sworn, says that sbc 'is th,�. LEGAL NOTICE THE LONG ISLAND TRAVEI_ER-WATCH1\1/'\N Notice.O'f Public Hearing Editor, of NOTICE IS HEREBY u a public newspaper printed at Southold, in Suffolk Ccw GIVEN that pursuant to Sec- a n(I that -it the notice of which the annexed is a printed cop\,, - tion.276 of the Town Law, a llilS I)MI "published in Said Long .Island Travel r-Wa public hear ing will be held by 5 once each week for.— the Southold Town Planning Board,at the Thwn Hall,Main Road,Southold,New York in successively, cornrnencing r on said Town on the 9th day of August 1993 on the question. day of*,. . 19 of the following: 7:30 P.M.Final approval of the minor subdivision for S.H. . ... . . . . . . . . . . . Friemann & Others, at Cut chogue, in the Town of Southold,County of Suffolk, State-of New York. Suffolk \x/o r n day. .,: Number 't o before fo'rO,rn 1 County Thx Map S 0 1000-102-2-724. The property is bordered on the northeast by land now or 93 formerly of Imbriano; on the southeast by land now or formerly of N.Y. ''Ibleph one Co.,S.E.Realty Co.and Main State Road; on the southwest POP, _-r by land, now or formerly of ' Scott;and on the northwest Notary Public land now or ofof BAHAMA SCIINEIDER,x Orlbwski__ -NOTARY PU BLIC, of.V�Bw Yo k Any person desiring to be Nib.'.4 9 0 G 'heard on the above matter I I Vk County Q11alified in Suff should appear at the time and Comtiiissio.ii Expires 9/-,3 1/9-y place specified. Dated: July 27, 1993 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard Q. Wird Chairmdn IX-7/29/93 jUL'3 SOUTHOLD TOWN:' PLANNING BOARD' 1r aa� S/6 July 16, 1993 /�j , m 339U0 Richard G. Ward, Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road P.O. Box 1179i Southold NY 11971 :_t'. ,._fi..._�•--t=`�, � Re: Proposed Minor Subdivision ' S.H. Friemann & Others 2 SCTM# 1000-102-2-24 4 Dear Sirs: s .11 '.s!1:1!;,;_,MNx.�;�Z r On July 12, 1993, I appeared at the scheduled meeting of' the Planning Board with my client, Sanford H. Friemann, and requested that I be heard with respect to the above-captioned application. The Board was advised that it was a clear violation of the Judgment of the Court in the Article 78 _ proceeding . to compel the applicant to comply with the resolution adopted by the Board at its meeting on March 22, 1993, and as set forth in its letter of March 22, 1993. It was requested that the resolution be rescinded and that the Board consult with the Town Attorney in connection with the matter. In the event that the resolution is not rescinded, the Board was advised the applicant will seek to hold the individual members of the Board in contempt of the Judgement of the Court. The Board' s apparent response to the request for rescission was set forth in its letter of July 13, 1993, which stated that it awaits the submission of the draft of the covenants and restrictions prior to the date of the final hearing on the . minor subdivision. In addition to the foregoing, the Board was requested to rescind the requirement contained in its letter of June 17, 1993, relative to incorporating in the covenants and restrictions a recommendation of the Cutchogue Fire District that a fire well be installed in the applicant ' s private road in the event the applicant places any additional building on its 17.693 acres of agricultural zoned and used land which is neither being subdivided nor a part of the two (2) lot business minor subdivision referred to in the Judgment of the Court. Southold Town Planning Board July 16, 1993 .Page Two In the same vein, you are further advised that the applicant will not covenant to permit any annual inspection of .its agricultural premises by the Chief of the Cutchogue Fire Department, as required by the Planning Board in its letter of June 17, 1993. The Board is further advised that the failure to rescind the requirement contained in its letter of June 17i 1993, will result in an Article 78 proceeding to invalidate the unlawful decision of the Board. The actions of the Board are a clear indication of an intent to harass my client and deprive him of his property . rights, which can only result in further legal actions and unwarranted expense to the taxpayers of the Town of Southold. We trust that you will carefully review your actions in this case with the Town Attorney, whose opinions should be considered and followed by the Board. Very truly yours, Cron and-Cron chi n RJC:af cc: Planning -Board of the Town of Southold: Bennett Orlowski, Jr. George Ritchie Latham, Jr. Mark S. McDonald Kenneth L. Edwards Harvey A. Arnoff, Town Attorney Sanford H. Friemann Southold Town Plann: Board 3 y 12, 1993 Mr. Ward: OK. Is there anybody here representing the applicant, or the applicant? OK, we'll hold off on this until the next meeting then. Preliminary Extensions Mr. Ward: North Fork Industrial Park -- This major subdivision is for 8 lots on 29.1.1 acres located on the northeast corner of Middle Road and Depot Lane in the LIO District in Cutchogue. SCTM# 1000--96--1--1. What's the pleasure of the Board? Mr. Orlowski: I make a motion that the Southold Town Planning Board grant a six month extension of preliminary approval from August ?4, 1993 to February 24, 1.994. The Planning Board has granted this additional extension due.to the fact that this application is currently before the Health Department Board of Review, and a decision from that Board will not be made prior to the expiration of the preliminary approval. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Harbor Park Homes -- This major subdivision is for 5 lots on 9.04 acres located on the west side of Harbor Lane; 675 feet south of Main State Road in Cutchogue. SCTM# 1000--97--6--17 and 103--1--20.5 & 20.6. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I'd like to make a motion that the Southold Town Planning Board grant a six month extension of preliminary approval from July 13, 1.993 to January 13, 1.994. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Orlowski: Note that I abstain for reasons previously given. Mr. Ward: Opposed? Motion carried. ******************** Setting of Final Hearings Mr. Ward: S.H. Friemann & Others. -- This minor subdivision is for 3 lots on 19.596 acres located on the north side of Main Road; 1658.7 feet west of Cox's Lane in Cutchogue. The subject parcel is located in both the Agricultural Conservation (A--C) District and the General Business (B) District. SCTM# 1.000--1.02--2--24. What's the pleasure of the Board? Southold Town Plannii 3oard 4 12, 1993 Mr. Latham: I make a motion that the Southold Town Planning Board set Monday, August 9, 1993 at 7:30 p.m. for a final public hearing on the maps dated April 15, 1993. Mr. Edwards: Second the motion. Mr. Ward.: All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Richard Cron: Mr. Chairman, I wonder if I might be heard on this matter? My name is Richard. Cron, from Cron & Cron, and I represent Mr. Friemann on this particular application. The Board is well aware of the fact that this matter had ended with the litigation and was successfully resolved on behalf of the applicant. One of the principal issues of that litigation was as to whether Mr. Friemann would be required to improve the right of way that runs across the minor subdivision premises consisting of two lots, to a parcel in the rear which is an agricultural parcel. The court was clear in this determination that he did not have to do so. Yet, and not withstanding that fact, this Board by a resolution has asked that he file convenants and restrictions with respect to that particular parcel burdening the two business parcels with a right of way and compelling the owner of lot number one, whoever it may be, at such time as it's improved, to improve that right of way to Town specifications if required to do so. I submit that that's in violation of the court decision, the judgement of that court, and I would ask this Board to immediately rescind that i resolution. In addition, the Board on the recommendation of the Cutchogue Fire Dept. , passed another resolution which requires the applicant, Mr. Friemann, to put in a fi.rewell with respect to lot number one which is that agricultural lot, at a time when the fire department or this Board deems that necessary. That is not something within the purview of this Board. If there's to be any firewell, it'll occur when that property is subsequently approved and improved by the applicant. There is no subdivision pending with respect to the agricultural lot and this Board and the fire department has no jurisdiction over that particular parcel. So I would ask that you rescind that resolution as well. .t Mr. Ward: Mr. Cron, in relation to your first comment regarding the right of way, how would the property to the back have a proper road if it was not able to be improved over the two business lots? Mr. Cron: There is a proper .road. You've got recognition of access under Section 280A of the Town Law. Mr. Ward: Access that probably as it is now, not for necessarily eight or ten houses. Mr. Cron: `That's a matter that's going to have to be resolved, if. , as and when, parcel number one is approved or. . . I i Southold Town Planni Board 5 i 12, 1993 Mr. Ward: You seem to indicate that parcel one would not be the people that would do the improvements. I think it was our intent or our thinking, that as, if or when parcel one came in they would have the right to make the improvements over parcels two and three. Mr. Cron: Well, that we're not going to do. We're not going to burden lots two and three, which is the business parcel, with the right to widen that right of way. The court said we didn't have to do it and we don't intend to do it. Mr. Ward: Alright, well we certainly have a difference of opinion on it at this point. Mr. Cron: I suggest that you review the matter with Town Counsel because the Board I'm sure is well aware and will be so advised by counsel that if you persist in violating the judgement of the court, I will move to hold . each of you in contempt. Sk tch Extensions: Mr. ard: Annette 7abohonski -- This major subdivision is fo i 2. lots on 5.91 res located on Crescent Ave. , on Fishers Island. S 1000-6 -2--1. What's he pleasure of the Board? Mr. Edward Mr. Chairman, I'd like to make a moti that the Southold Town Planni Board grant a six month extension o sketch approval from July 13, 1993 to January 13, 1994. The Plannin Board has granted this additional ext sion to allow your client the dditional time required to obtain Health De rtment approval. Mr. McDonald: Seco Mr. Ward: Second to th motion. All hose in favor? Ayes: Mr. McDonald, Mr. 0 owski, Mr. Latham, Mr. .Edwards, Mr. Ward. Mr. -Ward:. Opposed? Motion ca ied. �Fic* �c�Fk*9c**�e�k*�c*ic�Fit�t Mr. Ward: Ernest and Je Schneider - This minor subdivision is for 3 lots on 1.3.423 acres locate on the southwe t side of Alvah's Lane; 1347.3 feet northwest of County ad 48 in Cutchogue SCTM# 1000--95----10 & 101--1. 14.3. What's the pleasur of the Board? Mr. McDonald: Chairman, I make a motion at the Southold Town Planning Boa grant a six month extension of s etch approval from July 13, 1993 to Ja ary 13, 1994. The Planning Board is ranting this additional extensio in response to your letter of- July 2, 19 Final maps with Health partment approval must be submitted prior to ' he expiration of the exte ion date. . Latham: Second the motion. ,LN'� PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ''�'y`` Supervisor George Ritchie Latham, Jr. -Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 13 , 1993 Richard Cron Cron & Cron Main Road ' _ P.O. Box 953 Cutchogue, NY 11935 Re: Proposed Minor Subdivision S.H Friemann & Others SCTM* 1000-102-2-24 Dear Mr. Cron: The following resolution was adopted by the Southold Town Planning Board at a meeting held on July 12, 1993: BE IT RESOLVED that the Southold Town Planning Board set Monday, August 9, 1993 at 7: 30 P.M. for a final public hearing on the maps dated April 15, 1993 . The Planning Board awaits the submission of the draft Declaration of Covenants and Restrictions. Please submit the draft prior to the date of the final hearing. Sincerely, qnl-j�l Richard G. Ward m5 Chairman cc: Mr. Friemann SIN. {l C, SUBMISSION WITHOUT COVER LETTER ra DATE: SENDER: S, {rieme�ni� SUBJECT: SCTM# : COMMENTS: - w"f �; _TIC JUN 2 4 i.em �u » r,L® ruvvsq_. (3i 5,0HD _Z PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ;=. ,?,, '��,_�-r-. °"``� .'`' Supervisor George Ritchie Latham, Jr. :'�� Richard G. Ward , Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 17, 1993. Richard Cron Cron and Cron. Main Road .P.O. Box 953 Cutchogue, New York 11952 RE: Proposed Minor Subdivision S.H. Friemann & Others SCTM# 1000=102-2-24 Dear Mr. Cron: On June 10, 1993 the Planning Board received 5 paper copies and 2 mylars of the above mentioned subdivision from Roderick Van Tuyl. It is unclear whether this submission was intended to be the final submission. If so, please refer to the Planning Board' s February 8, '1993 resolution of conditional sketch approval for' additional information that is to.- be noted on the final map. Also, if final maps containing Health Department approval will not be submitted prior to August 8, 1993 , a request for an extension of sketch approval is required. In addition, I have enclosed a copy of the March 22, 1993 recommendation from the Cutchogue Fire District. The Planning Board is requiring that the restrictions recommended by the Commissioners be incorporated into the Declaration of Covenants and Restrictions for the subdivision. Please refer to the Board' s March 23, 1993 correspondence for the other required covenants and restrictions. _ If you have any. questions regarding the above, please contact this office. Sincerely, • . /1 i C�'G4fiW' /CY �'//wt�/ Richard G. WardS Chairman Encl. cc: Sanford H. Friemann IF SUBMISSION WITHOUT COVER LETTER DATE: SENDER: Rod Va.n ( U.Y I SUBJECT: rrlcm f)n SCTM# : )dJL- 1 COMMENTS: rn1 tars ^ S Pa'jW Prints CUTCMEGUIE CUTCHOGUE FIRE DISTRICT E � T a New Suffolk Road, PO Box 930, Cutchogue, NY 11935 F.D. Telephone (516) 734-6907 • Fax (516) 734-7079 TO: Board of Fire Commissioners RE: Minor Subdivision for S. H. Friemann SCTM #10007102-,2-24 DATE: March 22 , 1993 Pursuant to the request of the Chairman of the Board of Fire Commissioners and the request of the Southold Town Planning Board, the undersigned has reviewed the above-captioned sub- division to determine the need for a fire well to provide fire protection to this property. The undersigned has inspected the subdivision map as well as the subject property. Lot #3 on the proposed subdivision map contains a wood framed building which presently houses an auto parts store and an attached metal building to the rear of same. Lot #2 is vacant. Lot #3 contains on the southerly portions a residence and a mobile house trailer in close proximity to this dwelling. Also close by are a garage and a barn. In the middle portion of lot #1 is a large metal building which is used for storage. The' existing fire well in this area is located on the northerly side of Main Road State Route 25 in front of the Telephone Company building. The latest test for this fire well indicates it is capable of pumping an average of 327 gallons per minute. The buildings on lot 3 are approximately 500 feet from this fire well . The middle of lot 2 which is presently vacant is approximately 930 feet from the fire well . The buildings on the southerly portion of lot 1 are approximately 1,.200 feet from this fire well and the storage building in the middle of the lot is approximately 1, 800 feet. Considering the existing fire district apparatus and location of the existing fire well, there should be no problem of providing adequate fire protection for lots 2 and 3' on the proposed minor subdivision. However, lot #1 is another matter, due to the fact there are a pre-existing dwelling, house trailer, barn and garage on the southerly portion, under optimum conditions adequate fire protection could be provided for these buildings . However, it is the opinion of the undersigned ade- quate fire protection could not be provided for the metal storage building which is in the central portion of this lot. In reviewing the map and inspecting the property, the undersigned finds it difficult to understand how the officials of the Town of Southold have allowed a construction in use of habitable dwellings and storage buildings on lot 1 without considering ade- quate fire protection for same. PI 5 CUTCHO,I CUTCHOGUE FIRE DISTRICT E ' s ; New Suffolk Road, PO Box 930, Cutchogue, NY 11935 F.D. Telephone (516) 734-6907 • Fax (516) 734-7079 3u,ca„rrc, March 22, 1993 Southold Town Planning Board Mr.. Richard Ward Chairman Town Hall Southold, NY 11971 Ref; Friemann subdivision Dear Mr. Ward, Enclosed is an explanation and a resolution adopted by the Cutchogue Board of Fire Commissioners on March 22, 1993 concerning the Fire Well requirements for Sanford Friemann. This resolution was duly adopted by the Board and copies of which are forwarded to your office for final disposition. Copy is also being sent to Mr. Friemann. We trust that you will review the document and if you have any questions, please feel free to contact the Board. Thank you. Very .truly yours, Board off Fire Commissioners, Matthew J. Martin Secretary Encl; CC; S. Friemami MAR 2 51993 s .. SOUTHOLD TOVViV PLANNING BOARD g CUTCHOGUE FIRE DISTRICT 'aNew Suffolk Road, PO Box 930, Cutchogue, NY 11935 Telephone (516) 734-6907 • Fax (516) 734-7079 Board of Fire Commissioners -2- RE: Minor Subdivision for S. H. Friemann March 22, 1993 Since the buildings are pre-existing, it would be unfair at this time to require the land owner to bear the costs of the installation of a new fire well . However, it is recommended that if any' new buildings are constructed on lot #1 then a fire well be installed at the expense of the then owner of the property on the right-of-way approximately 1,300 feet northerly of the Main Road State Route 25 . This fire well would be solely for the pro- tection of the buildings on lot #1 as there are no other buildings in the vicinity that would benefit from same. Therefore it is recommended that the Board of Fire Commissioners adopt the following resolution concerning this property and forward same to the Southold Town Planning Board: 1. It is resolved that the ' Board of Fire Commissioners at the present time do not recommend the installation of a fire well on the property of S. H. Friemann (SCTM #1000-102-2-24 ) . However, in the event there is construction of any additional buildings on lot #1, then before a building permit is issued the' owner of the lot be required to place a fire well on the right-of-way approximately 1, 300 feet northerly of State Route 25 in order to provide adequate fire protection for the buildings to be constructed on this lot. 2 . It is further resolved that the owner of lot 1 on this minor subdivision be required to allow an annual inspection by the Chief of the Cutchogue Fire Department to determine the use of the storage and other buildings on. lot #1 so that the fire district will have adequate notice on how to be prepared to handle an emergency at this project. 3. Be it further resolved that prior to the issuance of site plan approval that a restrictive covenant be recorded in the Suffolk County Clerk ' s Office to refLect the above resolution. Respectfully submitted, Robert Doroski , Fire Well Committee f 't r' 411 VJ � fR p+,ti�V��SMtAS'5.4 ti PLANNING BOARD MEMBERS t<e� �., ;Fl ny SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ° ` "` '` Supervisor George Ritchie Latham, Jr. 1� Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 23, 1993 R1_chard Cron Cron and • Cron Main Road P.O. Box 953 Cutchogue, New York 11952 RE: Proposed Minor Subdivision S.H. Friemann & Others SCTM# 1000-102-2-24 Dear Mr. Cron: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on March 22, 1993 : Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental ..Quality Review Act, assume lead agency status, and as lead agency make a determination of non-significance, and grant a Negative Declaration. A copy of the Negative Declaration is enclosed for your records. Be it further RESOLVED that the Southold Town Planning Board override the March 4, 1993 Suffolk County Planning Commission report for the following reasons: 1. Pursuant to a judgment. entered on October 5, 1992 in the Matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the proposed subdivision as a minor subdivision and to grant the relief therein requested. 2. A decision was rendered on December 13 , 1990 by the Zoning Board of Appeals on the matter of S. H. Friemann and others granting approval of access according to New York Town Law, Section 280-A over a private right-of-way subject to the following condition: S.H. Friemann & Others March 23, 1993 Page 2 That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) . 3 . The Planning Board will be requiring that the applicant record a. Declaration of Covenants and Restrictions allowing the present or future owner(s) of Lot 1 the provision for a right-of-way over Lot 2 and Lot 3 for Lot 1 to have sufficient access, now, and in the future, over Lots 2 and 3, and for the present or future owner(s) of Lot 1 to construct improvements to Town 'Specifications .within such right-of-way should such be required for future development of Lot 1. The above mentioned covenant and restriction must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted to this office for review by the Planning Board and the Town Attorney.. Once approved, the document must be filed in the Office of the County Clerk, and the Liber and page number must be noted on the final map. Please contact "this office if you have any questions regarding the above. Sincerely, Richard Richard G. Ward ems Chairman Encl. cc.: Suffolk County Planning Commission Zoning Board of Appeals Sanford H. Friemann PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman .y. q1 ��, Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: March 22, 1993 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. 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: S.H. Friemann and Others SCTM# : 1000-102-2-24 Location: North side of Main Road; 1658.7 feet west Of COX' S Lane in Cutchogue. SEQRA Status: Type 1 ( ) Unlisted W Cond. Negative Declaration: Yes ( ) No (x) Description of Action: Proposed three (3) lot subdivision of parcel located in both Agricultural Conservation District (AC) and General Business District (B) . Proposed Lot #1 is 17 . 693 acres located in the AC District. Proposed Lots 2 and 3 are located in the B district and are 40,192 square feet and 42,688 square feet respectively. SEAR Negative Declaration - Continued Reasons Supporting This Determination: An Environmental assessment has been submitted, and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The proposed subdivision in itself .is not expected to change the existing use of the property. Lot 1 is occupied by existing businesses, and Lot 2 will require. a site plan approval for any future use in accordance with the "B" Business zoning. The . "A-C" portion of the site is occupied by a migrant labor camp and farm related structures: Any further use of this portion of the property will require subdivision approval. Future site plan and subdivision applications (if filed) will consider access, drainage, design and layout, . density and water supply, and other factors depending upon -proposed use. The Suffolk County Department of Health Services has' responded to the Planning Board' s lead agency coordination. SCDHS has no objection to the Planning Board' s designation as lead agency. The SCDHS provided .comments, general in nature, representing several of that agencies most common concerns regarding Suffolk County projects. As stated in the report, the comments are intended primarily to expedite the procedural requirements of SEQRA pertaining to the establishment of lead agency. Correspondence has not been received from the New York State Department of Environmental Conservation in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: -Melissa Spiro, Planner Address: Planning Board Telephone Number: ( 516) 765-1938 cc: Zoning Board of Appeals Southold Town Board Suffolk County Dept. of Health Services NYSDEC - Stony Brook NYSDEC - Albany N.Y.S. Dept. of Transportation %..Q.0UNTY OF SUFFOLK F6 �?S f � ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING March 4, 1993 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - S.H. Friemann & Others N/westerly side of Main State Road, 1658.70 s/west of Cox's Lane, Cutchogue in the Town of Southold. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 3, 1993, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - S.H. Friemann & Others" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kunz Director of planning by a-4Z 7 Frank Dowling, r. Planner Subdivision Review .Division File: S-SD-93-01 FD:mb n �n Attachment i! u cc: J. Baier, C.E. , SCDHS s ±*jAR H.LEE DENNISON BUILDING ■ VETERANS MEMORIAL HIGHWAY 0 HAUPPAUGE,.NEW YORK 11788 0 (516) 853-5192 File No. S-SD-93-01 Resolution No.. ZSR-93-24 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County. Administrative Code WHEREAS, pursuant to -Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on February 10, 1993, with respect to a proposed plat entitled, "Minor Subdivision - S.H. Friemann & Others" submitted by the Town of Southold Planning Board affecting premises located on the n/westerly side of Main State Road, 1658.70 s/west of Cox's Lane, Cutchogue, in the Town of Southold, New York, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on March 3, 1993, and WHEREAS, the Commission has voted to disapprove said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is disapproved for .the following reasons: The proposed subdivision will result in the creation of landlocked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future users or residents of the landlocked lots, not to mention potential disputes over the use and maintenance of right-of-ways over adjacent parcels that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for lots. Under Section 280-A of the Town Law the future owner(s) of the landlocked lot cannot be held responsible for the landlocked nature of their parcel. The Commission also. offers the following comment on the map: The Commission is aware that once the applicant receives permission for legal access over the private right-of-way in accordance with Section 280A of the Town Law, the Planning Board has no choice but to grant the approval. Motion by: Commissioner Shepard Seconded by: Commissioner Stahlman Commission Vote: 10 Present - Y6as 9 Nays 0 Abstentions 1 Commissioner McDonald Dated March 3, 1993 Hauppauge, New York Suffolk County Planning Commission Al-S COUNTY OF SUFFOLK r c� �i • �f 11993 ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE SOUTIJOLD i01aIN PLANNING MUD _J DEPARTMENT OF HEALTH SERVICES MARY E. HIBBERD, M.D., M.P.H. COMMISSIONER March 8, 1993 Melissa Spiro Town of Southold Town Hall-53095 Main Road P.O.Box 1179 Southold,New York 11971 RE: S.H.Friemann and Others S CTM#: 1000-102-2-24 Dear Ms.Spiro: The Suffolk County Department of Health Services(SCDHS)has received your letter dated February 9, 1993, concerning the above-referenced application,and has no objection to the Town's designation as lead agency. This correspondence is intended primarily to expedite the procedural requirements of SEQRA pertaining to the establishment of lead agency.The comments provided below are,therefore,general in nature,representing several of our most common concerns regarding Suffolk County projects.The department wishes,however,to reserve its right to provide more detailed information within the comment period(s)established for this action. I. Suffolk County Sanitary Code (SCSC) 1. The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems,pursuant to the authority and requirements of Articles 4,5,6 and 7 of the SCSC. Applications must comply with all relevant density and construction standards for water supply and sewage disposal. Applicants should not undertake the construction of,or connection to,either system without Health Department approval. 2. Where applicable,the department regulates the storage,handling and discharge of restricted toxic and hazardous materials pursuant to the requirements of Articles 7&12 of the SCSC. 3. If an application has not yet been submitted to the SCDHS,one should be filed at the earliest date to allow for the technical review of the proposed action.Project designs submitted to the department should be fully consistent with any action currently under review through the SEQRA process. 4. Design and flow specifications,information regarding subsurface soil conditions,water supply information,and complete design details are essential to the review of this project,and are evaluated fully at the time of application review.Should the town require additional environmental information(such as a DEIS),discussion of the compliance requirements of the SCDHS should be required. 5. Of particular concern to the department are those areas which because of elevated groundwater conditions,or soils which are not conducive to the proper functioning of conventional subsurface sanitary sewage disposal systems.Your agency should be aware that such conditions frequently require the use of fill or the excavation of subsurface soils to accommodate subsurface sanitary disposal systems constructed in conformance with the requirements of the SCSC. DIVISION OF ENVIRONMENTAL QUALITY COUNTY CENTER RIVERHEAD, N.Y. 11901-3397 852-2100 Letter to Melissa Spiro March 8, 1993 Page 2 6. The department is also significantly concerned with areas where access to potable water may be constrained by unacceptable groundwater quality and the lack of an available public water supply.All private water supply systems must be constructed in conformance with requirements of the SCSC. H. NATURAL.RESOURCES: L' The SCDHS fully supports all efforts to maximize protection of natural resources which may be impacted upon by construction and development activities.It is the position of the department that the SEQRA review process provides the greatest opportunity for comprehensive consideration of these resources,and that all practicable planning measures should be employed to help ensure their protection. Of particular concern to department is the adequate protection of wetlands,surface waters,natural communities, contiguous natural habitats,and rare,threatened and endangered species.In addition,efforts to protect sensitive physical resources such groundwaters,dunes,bluffs,shorelines,natural drainage channels,groundwater recharge areas,and steep slopes are fully supported and encouraged by the SCDHS. In general,the department encourages the following land use measures be considered(where appropriate)to actions being reviewed pursuant to SEQRA. 1.Maximum practicable setbacks from all wetlands,surface waters,dunes,and bluffs. 2.Non-disturbance buffers between wetland limits and required structural setbacks. 3. Clustering of subdivision lots to provide for maximum preservation of large contiguous areas of dedicated open space.' 4.Stringent clearing limitations which can reduce potential impacts to wildlife habitats,vegetative communities,and unconsolidated soils. 5.Maximum practicable confinement of development to areas with slopes of less than 10%. 6.Maximum use of native species for landscaping purposes. 7.Construction of recharge areas,so as to minimize the amount of disturbance and structural modification to the site. 8.Maximum use of land-banked parking on commercial sites. 9.Minimal use of fertilizer-dependant turf and landscaping. 10.Employment of stormwater runoff control measures necessary to maintain runoff on-site. The department appreciates the opportunity to participate in the SEQRA review of this proposal.Additional information may be provided prior to the close of the established comment period.Should you have any questions or require additional information,please feel free to contact the Office of Ecology at 852-2078. Sincerely, Mark J.Reusclrle Environmental Planner Office of Ecology MJR/amf cc: Vito Minei,P.E. Stephen Costa,P.E. ms CRAMER, V R SOCIATES 1� ENVIRONMENT / SIG CONSULTANTS March 6, 1993 Mr. Richard Ward, Chairman Southold Planning Board Town Hall, 53095 Main Road P.O. Box 1179 D Southold, NY 11971 Re: Review of EAF for Minor Subdivision ' g S.H. Friemann& Others TOWN SCTM No. 1000-102-2-24 LANN oLD PLANPlING BOARD Dear Mr. Ward: As per the your request,we have completed a preliminary review of the above referenced project in accordance with your request. Tasks and completed activities are identified as follows: 1. Review Part I LEAF The parcel has been field inspected by CVA, and the LEAF has been reviewed and amended as necessary. A copy of same is attached. 2. Prepare Part II LEAF The Part II LEAF checklist has been completed and is also attached. Additional information concerning our findings is included below. 3. Environmental and Planning Considerations The parcel has been inspected and environmental references concerning the site and area have been consulted. The site consists of 19.596 acres of land and is located on the north side of Main Road, 1,658.70 feet west of Cox's Lane, Cutchogue. The northern 17.693 acres of the site is zoned "A-C"Agricultural-Conservation district, and the southern 1.903 acres is zoned 'B" General Business. The northern"A-C" portion of the site is occupied by agricultural use,with a metal workshop office, a storage barn and a registered migrant camp. The southern'B" Business part of the. site is occupied by an Auto Parts store,with additional business space available in a metal building attached to the rear of the auto parts store. The subject application involves a request to subdivide the land to separate the "A-C" zoning from the 'B" zoning,with the 'B" zoned area to be further subdivided to create two (2) lots of 40,192 square feet and 42,688 square feet. The site was inspected, and it was determined not to contain sensitive environmental resources. The site is extensively used for greenhouse structures and active agricultural use, as well as commercial business. Portions of the rear of the site contain successional woodlot and first growth woods, as well as significant areas of mature ornamental evergreen trees. There is also a dominant row of maple trees planted along the east side of proposed Lot 2 (northern commercial lot),which provides a scenic amenity to this portion of the site. Page 1 54 NORTH COUNTRY ROAD, SUITE 2, MILLER PLACE, NY 11764 (516) 331-1455 Frieman Subdivision Long EAF Review The site is dominated by Haven loam soil which is a moderately well drained soil with moderate natural fertility as compared to other Long Island soils. There are no excessive slopes on the site, which would be characterized as having flat topography. The depth to groundwater ranges from approximately 11 feet in the depression in the east part of the "A-C' site to as much as 31 feet in the higher elevation areas to the northwest,with an average of 25 feet in the commercial portions of the site. Groundwater flow is toward the south. The site is within the north fork water budget area of Groundwater Management Zone IV. The site is within an area which has been impaired by both aldicarb and nitrate contamination as a result of agricultural use, and public water supply is not available. In terms of natural resources, soils, groundwater and ecology do not constrain site use in accordance with zoning. Existing and proposed uses will have to rely on private well water. Future site plan and subdivision approval will require SCDHS approval of water supply systems in accordance with Article 4 of the Suffolk County Sanitary Code. In addition, future site plan and subdivision plans will require compliance with Article 6 of the Suffolk County Sanitary Code for density limitations to minimize further nitrogen impacts to water supply aquifers. Site access is a planning factor which has been the subject of consideration by the Zoning Board of Appeals and the Planning Board. At present, there is a paved driveway on the east side of the commercial portion of the site. This driveway provides access to the metal commercial building behind the Auto Parts store, and also provides access to the "A-C"portion of the site. The driveway varies in useable width between 18 and 22 feet. The ZBA approved a 280-A access request with a restriction that an 18 foot paved driveway shall be maintained in good condition without obstructions for the entire length for sufficient maneuverability by fire and emergency vehicles. It appears as though the current driveway conforms with this requirement. The proposed subdivision in itself is not expected to change the existing use of the property. Lot 1 is occupied by existing businesses, and Lot 2 will require a site plan approval for any future use in accordance with the 'B"Business zoning. The "A-C" portion of the site is occupied by a migrant labor camp and farm related structures. Any further use of this portion of the property will require subdivision approval. Future site plan and subdivision applications (if filed)will consider access, drainage, design and layout, density and water supply, and other factors depending upon proposed use. The application as proposed is not expected to cause a significant impact upon natural or human resources based on environmental and planning considerations provided the requirements of the ZBA are observed. In view of the foregoing facts, the proposed project is not expected to cause a significant environmental impact, and there does not appear to be a need to require the preparation of a Draft EIS. CRAMER, V R SOCIATES Paget ENVIRONMENT G CONSULTANTS Frieman Subdivision Long EAF Review Therefore, the Planning Board could consider the issuance of a Negative Declaration for this project. If you have any questions or wish any further input with regard to this matter, please do not hesitate to call. Very trul yours harles J. oorhis,CEP,AICP enc: Long EAF Part I CRAMER, V RH SOCIATES Page 3 ENVIRONMENT G CONSULTANTS T 1, 416-2 (2/87)-7c •,� :fir • •''' 61.7.21 ` SEAR 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..ln 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: X Part 1 X Part 2 ❑Part 3 CUpon 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 00 7iiy OR Sci /?�c�iS��mil. Sc1`i=a �h 7�X i1�9 � /O — �- .Name of Action 7—OWN OF Sou77400 CU csj- 91CW/Z-'h W4Z6 GA171?,,WI� f Name of Lead Agency �/�fLTitJ,E� Pri t T e Na of sp i.ble f icer in.Le d Agency Title of Respo fic _ Gat 00"e/ S ( g ature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) 9 U Date 1 k I" 1—PROJECT INFORM.AO 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 considere as part of fhe application for approval and may be subject to further verification and public review. Provide any addditionk 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 ✓tip.2 SJ f��✓s/ Sv C O s21 P LOCATION OF ACTION(Include Street Address, Municipality and County) S T � Qo � < S•— GvTG yo/ UC , //93 ' S°/=rrjr aJ:U7 NAME OF AP LICANT/SPONSOR BUSINESS TELEPHONE. ADDRESS x- CITY/Po �V•7—cl,'106 v STATE ZIP CODE NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS ( ) I i CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION • /J . •���� ��jQ/G'vLTc✓/d/�L: -- QGS✓(�s=� �/'�'L. PO�7/o 'Vb U !a w✓ L o''i7S `Zo-,U EFb 4-7s`1 N SS /f iv u 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 RCommercial ❑Residential (suburban) ❑Rural (non-farm) ❑Forest Agriculture ❑Other 2. Total acreage of project area: 19596 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres ' acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc) acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres NO acres Water Surface Area acres'acres Unvegetated (Rock, earth or fill) acres Roads, buildings and other paved surface s /-�9G acres acresacres Other (Indicate type) acres acres acres 3. What is predominant soil type(s) on project site? /�tvrsrtJ L�e7/,wj a. Soil drainage: )Well drained /&-to % of site ❑Moderately wet ed e, —� .o of site ❑Poorly drained % of site b. If any agricultural landis involved, how many acres of soil are classifie ll group 1 through 4 of the NY Land Classification System? "' acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes '0. a. What is depth to bedrock? �700 (in'feet)/ _ 2 .5, Approximate percentage ofprop '} d pr " site with slopes: NO-1 _' _ ❑10 15�% ❑15% or greater % 6. Is project substantially contiguous to, or co tain a.building, site, or. district, Fisted on the State or the National Registers of Historic Places? ❑Yes Wo '. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes to 8. What is the depth of the water table? e_�Q (in feet) - J. .cr Z 9. Is site located over a primary, principal, or sole source aquifer? yQYes No 10. Do hunting, fishing or shell fishing opportunities presently exist inthe project area? ❑Yes _ � 0 11. Does project site contain any species of plant.or animal life that is id ntif'ed as threatened or endangered? ❑Yes Jo According to [�2�)yyr� d!►ni�.,� sae. //VS'O's �piU Identify each species 12.' Are there any unique or unusual land forms on the .project site? (i.e., cliffs, dunes, other geological formations) ❑Yes >No Describe N nlynt- 13: Is the project sit�e pl esently used -by the'tommunity or neighborhood as an open space or recreation area? ❑Yes V0 If yes, explain 14.. Does the present sit include scenic views known to be- important to the community? ❑Yes eNo 15. Streams within or contiguous to project area:. W01-10/5 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 H07 1% b. Size (In acres) 17. Is the site served by existing public utilities? �s ❑No Ca) If Yes, does sufficient capacity exist to allow connection? , `lIes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes �No 18. Is the site located in an a ricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? 'es ❑No 19. Is the site located in or substantial.ly contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes '�lo 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes XNo 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: � acres initially; �_ acres ultimately. c. Project acreage to remain undeveloped 119S6!2 acres. d. Length of project, in miles: (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed lv /g %; f. Number of off-street parking spaces existing proposed , g. Maximum vehicular trips generated per hour � _(upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially PM UltimatelyN//� L Dimensions (in feet) of largest proposed structure -P—/A height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 3)i- ft. 3 2. How much natural material `� ., r 'earth, etc.) will be removed frorr�ie. tons/cubic yards 3. Will disturbed areas be reclaimed? ❑Yes ' ❑No 1/A a. If yes, for what intender purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? Dyes ❑No. C. Will upper subsoil be stockpiled for reclamation? Dyes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? . � acres. 5. Will any mature f rest (over 100 years old) or other locally-important vegetation be removed by this p Dyes N roject? No 6. If single phase project: Anticipated period of construction months, (including demolition).' 7. If multi-phased: 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 No 8. Will blasting occur during construction? Dyes o 9. Number of jobs generated: during construction N ; after project is complete /✓ 10. Number of jobs eliminated by this project '11. Will project require relocation of any projects or facilities? Dyes ,l�o If yes, explain 12. Is surface liquid waste disposal involved? Dyeslo 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? DYes A11N_o Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes o Explain 15.,Is project or any portion of project located in a 100 year flood plain? Dyes o 16. Will the project generate solid waste? Dyes k�No a. If yes, what is the amount per month tons- b. If yes, will an existing solid waste facility be used? Dyes ❑No c. If yes, give name location d. Will any wastes not go into a sewage disposal system 'or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes a. If yes, what is the anticipated rate of disposal? .tons/month. b. If yes, what is the.anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes �No 19. Will project routinely produce odors.(more than one hour per day)? Dyes No 20. Will project produce operating noise exceeding the local ambient noise Levels? Dyes � 0 21. Will project result in an increase in energy use? Dyes ENO. If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute.. 23• Total anticipated water usage per day ---�-`� gallons/day. 24. Does project involve Local, State or Federal funding? Dyes If Yes, explain 4.. 25. Approvals Required: -Submittal ype Date City, Town, Village Board Oyes o , CCity, Town,.Village Planning Board Rryes ONO &)y_-rock Zu:g y4wi/ot. 44,eJ City, Town-Zoning Board ❑Yes eN0 City, County Health Department kYes .❑No :5�;-roc11- CO 9,4,Wf -& j n; Other Local Agencies ❑Yes J<N0 Other Regional Agencies ❑Yes JRfNo. . State Agencies ❑Yes No Federal Agencies ❑Yes allo ' C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? )Wes ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision ❑site plan ❑new/revision of master plan - ❑resource management plan ❑other 2. What is the zoning classification(5)of the site? - BySi3O.6= S / /�(�✓[ c�L'Ty�'.4L — zsjL�i7NT.�L 3. What is the-maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? A.'s%, 'FSs /��ji2�GVG��•2.QL �cS�i .v?i�L 5. What is the maximum potential development of the.site if developed as permitted by the proposed zoning? C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? AIes. ONO 7. What are the predominant land use(s) and zoning classifications within //ate� '/4 mile radius of proposed action? 8. Is the proposed -action compatible with adjoining/surrounding land uses within a '/4 mile? ;res ONO 9. If the proposed action is the subdivision of land, how many.lots are proposed? i a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes No 11 . Will the proposed action create demand for any community. provided services (recreation, education, police; fire protection)? ❑Peso a. If yes, is existing capacity sufficient to handle projected demand? Dyes' ONO 12. Will the proposed action.result in the generation of traffic significantly above present levels? ❑Yes 0 a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO 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 'nformationJ provided above is true to the best of my knowledge. ( Applicant/Sponsor ame F s �SC'Ci 7E-f Date / 9G Signature—If! •4 Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2--r"R1_ ' ,T IMPACTS AND-THEIR,1A, 'UDE . 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 changes) 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. 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 ONO 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 les's-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 ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ Oyes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes tons of natural material (i.e., rock or soil) per year. [:]No • Construction or expansion of a.sanitary landfill. ❑ ❑Yes ❑No . • Construction in a designated floodway. El ❑ ❑Yes ❑N o' • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect t.. ...iy ur:,que or unusual land for s found on the site?(i,e., cliffs, dunes, geological formations, etc.)DNO. DYES E • Specific land forms: ❑ ❑Yes ❑No 6 LLarge 3 IMPACT ON WATER Small to Can Impact Be 3. Will proposed action affect an water body designated as ModerateMitigated By Y Y protected? Impact Project Change (Under Articles 15, 24,25 of the Environmental Conservation Law, ECL) .AINO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ Oyes' ❑No • Dredging more than 100 cubic .yards of material from channel of a ❑ ❑ ❑Yes ONO protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes• ONO • Construction in a designated freshwater•or tidal wetland. ❑ ❑ - ❑Yes ONO • Other impacts: ❑ ❑ ❑Yes. ONO 4. Will proposed action affect any non-protected existing r new body of water? , NO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ❑No or more than a 10 acre increase or-decrease. Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ❑No - 4� Other impacts: ❑ � ❑Yes ONO 5. Will Proposed Action affect surface or groundwater quality or quantity? eN 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 ONO, 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. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ [:]Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in, excess of 20,000.gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes ❑No existing body of water'to the exte;-t that there will be an obvious visual contrast to naturai conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes ❑No products greater.than 1,100 gallons. . • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes require new or expansion of existing waste treatment and/or storage ❑No facilities. • Other impacts: ❑ ❑ ❑Yes ONO 6. Will proposed action alter drainage flow or patte n- or surface water runoff? TNNO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 Small to Potential Can ImpactL. BeFie Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. 0 ❑ []Yes ❑No • Proposed Action will .allow development in'a designated floodway: ❑ ❑Yes ❑No • Other impacts: ❑ El ❑No ❑ ❑ El Yes ❑No IMPACT ON AIR 7. Will proposed action affect air quality? Examples that would apply to column 2 �NO AYES • Proposed Action will induce 1,000 or more vehicle trips in any given hour. ❑ ❑ El Yes []No • Proposed Action will result in the incineration of more than 1 ton of.refuse per hour. ❑ ❑ ❑Yes ❑No • Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's.per hour. ❑ ❑Yes ❑No • Proposed action will allow an increase in the amount of land'committed to industrial use. ❑ ❑Yes ❑No r • Proposed action will allow an increase in the density of industrial development within existing industrial areas. ❑ ❑ ❑Yes ❑No . • Other impacts: ❑ ❑ Dyes ❑No 'IMPACT ON•PLANTS AND ANIMALS ' 8• Will Proposed Action affect any threatened or endangered- species? .VNO DYES Examples that would apply to column 2 Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. ❑ ❑ Ely ❑No Removal 'of any portion of a critical or significant wildlife habitat. ❑ 'Application of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. ❑ ❑Yes ❑No ' Other • impacts: ❑ ❑ Dyes ❑No . ' Will Proposed Action substantially affect non-threatene or non-endangered species? NO DYES Examples that would apply to column 2 Proposed Action would substantially interfere with any.resident or migratory fish, shellfish or wildlife species. ❑ ❑Yes ❑No Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important ❑ ❑ El Yes ❑No vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES y Will the Proposed Action affect agricultural land resoi ces? Examples that would apply to column-2 "1 0 OYES The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture,.vineyard, orchard, etc.) ❑ Dyes ❑No 8 1 2 3 Small to. Potential Can Impact Be Moderate Large Mitigated.By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10.acres ❑ ❑ ❑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 ❑ ❑ land management y ement s stems (e. El Yes ❑.No 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?. *0 DYES (If necessary, use the Visual. EAF Addendum- in Section 617,21, Appendix B.) Examples that would apply to column 2 . • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities bf that resource.. • Project components that.will result in the elimination or significant . ❑ ❑ screening of scenic views known to be important to the area. ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No .IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure.of istoric, pre- historic or paleontological importance? NO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ []Yes contiguous to any facility or site listed on the State or National Register ❑No of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ ❑Yes project site. ❑No • Proposed Action •will occur in an area designated as sensitive for ❑ ❑ archaeological sites on the NYS Site Inventory. ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON 0PEN.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 . DYES The permanent foreclosure of a future.recreational opportunity. ❑ ❑ • A major reduction of an open space important to the community. El ❑Yes ❑No • Other impacts: ❑ ❑Yes ❑No� ❑ ❑ ❑Yes ❑No 9 • IMPACT ON TRANS:-JRT,,,,ON 1 [ 3 14. Will there be an effect to existing transportation systems? Small .to . Potential Can Impact Be Moderate Large Mitigated By Examples that would apply to column 2NO DYES Impact Impact Project Change - • Alteration of-present patterns of movement of people and/or goods. -Proposed Action will result in major traffic problems. � ❑Yes ❑No • Other impacts: Byes ❑No Dyes ❑No IMPACT ON ENERGY 15. Will proposed action affect the community energy supply? 's sou�FNO of fuel or ' Examples that would apply to column 2 DYES • Proposed Action will cause a greater than .5% increase in the use of any form of energy in the municipality. 0 Dyes ❑No . - • Proposed Action will require the creation or extension of an energy 'transmission or su I system to serve more than 50 single or two family PP Y Y Dyes � ❑No residences or to serve a major commercial or industrial use. • Other impacts: ❑Yes ❑No NOISE AND ODOR'IMPACTS 16. Will there be objectionable odors, noise, or vibratio . ' a result of the Proposed Action? as Examples that would apply to column 2 'T O YES I i • Blasting within 1,500 feet of a hospital, school or other sensitive facility. D. ❑Yes ❑No • Odors will occur routinely (more than one hour per day). •Proposed Action will produce operating noise exceeding the local E 0 Ely es ❑No ambient noise. levels for noise outside of structures. ❑Yes ❑No ' Proposed Action will remove natural barriers that would act as a noise screen. Dyes ❑No ' Other impacts: Yes ❑No IMPACT ON PUBLIC HEALTH' 7• Will Proposed Action affect public.health and safety?. Examples that would apply to column 2 kO DYES Proposed Action may cause a risk of explosion or release of hazardous substances(i.e.oil, pesticides, chemicals, radiation;,etc.)in the event of ❑ Dyes ❑No 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 0 form 0 DyesJON (i.e. toxic, poisonous, highly reactive, radioactive, irritating, . infectious, etc.) i Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. ❑Yes Proposed action may result in the excavation or other disturbance i within 2,000 feet of a site used for the disposal of solid or hazardous ❑ YesONO waste. LE I I Other impacts: � Dyes I 10 i. . r — Io_ 3 � 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large" Mitigated By 18. Will proposed action affect the character of the existing ommunity? Impact Impact Project Change • AO OYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑- ❑ ❑Yes •❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ []Yes ❑No will increase by more than'5% per year as a result of•this project.' • Proposed action will conflict with .officially adopted plans or goals. ❑ ❑ Dyes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ Dyes ❑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 ❑ ❑ El Yes El 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. ❑ ❑ Dyes ❑No • Other impacts: ❑ ❑ 0-Yes ' ❑No 19. Is there, or is there likely to be, public controvVrs related to potential adverse environmental impacts? 3NO OYES I.f Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of'Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility. of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated-or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and .goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 CvJNTY OF SUFFOLK 6 ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING March 4, 1993 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, NY 11971 Re: Minor Subdivision - S.H. Friemann & Others N/westerly side of Main State Road, 1658.70 s/west of Cox's Lane, Cutchogue in the Town of Southold. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 3, 1993, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - S.H. Friemann & Others" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very truly yours, Arthur H. Kunz Director of Planning by Z�14�5� Fra k Dowling, r. Planner Subdivision Review Division File: S-SD-93-01 FD:mb ---- Attachment cc: J. Baier, C.E. , SCDHS MAR _ 5@ so y�1W PLA�aP�H.LEE LEE DENNISON BUILDING 0 VETERANS MEMORIAL HIGHWAY 0 HAUPPAUGE, NEW YORK 11788 ■ (516) 853-5192 File No. S-SD-93-01 Resolution No. ZSR-93-24 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning Commission on February 10, 1993, with respect to a proposed plat entitled, "Minor Subdivision - S.H. Friemann & Others" submitted by the Town of Southold Planning Board affecting premises located on the n/westerly side of Main State Road, 1658.70 s/west of Cox's Lane, Cutchogue, in the Town of Southold, New York, and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on March 3, 1993, and WHEREAS, the Commission has voted to disapprove said referral, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further RESOLVED, That said proposed plat is disapproved for the following reasons: The proposed subdivision will result in the creation of landlocked parcels; that is, parcels that do not have frontage on an existing .or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future users or residents of the landlocked lots, not to mention potential disputes over the use and maintenance of right-of-ways over adjacent parcels that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for lots. Under Section 280-A of the Town Law the future owner(s) of the landlocked lot cannot be held responsible for the landlocked nature of their parcel. The Commission also offers the following comment on the map: The Commission is aware that once the applicant receives permission for legal access over the private right-of-way in accordance with Section 280A of the Town Law, the Planning Board has no choice but to grant the approval. Motion by: Commissioner Shepard Seconded by: Commissioner Stahlman Commission Vote: 10 Present - Yeas 9 Nays 0 Abstentions 1 Commissioner McDonald Dated March 3, 1993 Hauppauge, New York Suffolk County Planning Commission PLANNING BOARD MEMBERS b•� ;" � SCOTT L. HARRIS � � ; Bennett Orlowski, Jr., Chairman � :,�=t^. ��. - Supervisor . George Ritchie Latham, Jr. Richard G. Ward ' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 ' Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 10, 1993 Cramer, Voorhis & Associates, Inc. Environmental and Planning Consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EAF Minor Subdivision S.H. Friemann & Others SCTM#1000-102-2-24 Dear Messrs. Cramer and Voorhis: The Southold Town Planning Board hereby refers the Environmental. Assessment Form for the above mentioned subdivision to your office for review. Also enclosed are: 1. Map dated November 1, 1992. 2. Planning Board resolution dated .February 8, 1993; granting conditional sketch approval 3 . December 13, 1990 decision of Zoning Board of Appeals; 4. Copy of Judgement entered on October 5, 1992 in matter of Friemann vs. Planning Board. The Planning Board started the lead agency coordination process on February 8, 1993. The $400. 00 review fee has been - submitted by the applicant. If all is in order, the Board will make their SEQRA determination at the March 22, 1993 public meeting. Please submit your report no later than March 12, . 1993 in order for the Board to review it before. the meeting date. The purchase order will be sent to you under separate cover. If there are any questions, please contact Planning Staff . Sincerely Richard G. tarim5 Chairman Encls. 416-2 (2/87)-7c 61.7.21 SEDR Appendix A State Environmental Quality Review it, 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 C ❑ 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 th have a significant impact on the environment, therefore a negative decla ation will be prepareerefre, is one which d. not ❑ 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.* O 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 C.�. -774 f :�- Name of Action S SSC►C�.��G'S V �o y� /s' Cc�TGl7�o�cl.� . n/Agency - Name of Lead A � . S/!7 of=ol2c� /7/, Print or Type Na of Responsible Officer in Lead Agency �iZTitJE� Title of Responsible Officer ( tag acute of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible of �'s U Date 1 PA„f 1—PROJECT INFORiV'�ACIN Prepared by Project Sponsor — NOTICE: This document is designed to assist in.determining whether the'action proposed may'have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider'E as part of the application for approval and-may be subject to further verification and public review. Provide any`acJ dition. 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 invol� newstudies,cresearch or investigation. If information requiring such additional work is unavailable,so indicate�and specii each instance. . ' NAME OF ACTION i iVLr�2 fj ia�1S i~ .SJ I•o LOCATION OF ACTION(Include Street Address,Municipality and County) e 7e U� _ NAME OF APpLIC NT/�ONSOR � -z3 r J`irn1Ci� �atJ V 7-, /Li,( £{ �7SS0 C F�Uts;lr TELEPHONE ADDRESS - 9// CITY/PO 4:fV'Tc Ve6 v STATE. ' ZIP CODE NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS S' �7 CITY/Po • STATE �ZIPCOI�IE � DESCRIPTION OF ACTION oN �- Poz�,o.y ffN[� UGTi.�•9-TiY�7/ 7 i 10- i o • L'o % 'ZGti�r�.' /}6G2iG v£—�T✓.2,�L — ,Q 'j I 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 3krCommercial ❑Residential (suburban) ❑Rural (non-farm) DForest NAgriculture ❑Other 2. Total acreage of project area: /9..S96 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION . Meadow or Brushland (Non-agricultural) Forested acres acres acres acres Agricultural (Includes orchards, cropland, pasture, etc.) /� ' acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area acres acres' Unvegetated (Rock, earth or fill) acres acres acres . Roads, buildings and other paved surfaces acres Other (Indicate type)_ acres - acres acres 3. What is predominant soil type(s) on project site? acres a. Soil drainage: Well drained %�r; % Of site ❑Moderately well drained °. OPoorly drained % of site of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? DYes 0 a. What is depth to bedrock? (in:feet) .2 5, Approximate percentage of iiroj site with slopes: 10' ? a Ell 0 15°'0 015% greater 6. Is project substantially contiguous to, or contain a-building, site, or district, Fisted on'the State or the National Registers of Historic Places? ❑Y'esNo •. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑YeskKo 8. What is the depth of the water table? o. P _(in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes o 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes X'v 11. Does project site contain any species of plant.or animal life that is identified as threatened or endangered? OYes _V<o 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 XNo Describe 13. Is the project site pJ esently used -by the. community or. neighborhood as an open space or recreation area? OYes Lilo If yes, explain 14. Does the present sit include scenic views known to be- important to the community? OYes No 15. Streams within or contiguous to project area:. 0 � 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 l-//?h/i= b. Size (In acres.) 17. Is the site served by existing public utilities? s ❑No a) If Yes, does sufficient capacity exist to allow connection? es ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes NNo 18. Is the site located in an a ricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? es ❑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 '5�N0 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes XN0 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 A7.S-I( acres. b. Project acreage to be developed: 0 acres initial) 3 • Y� � _--,�_ acres ultimately. .c. Project acreage to remain undeveloped 19-sG`i acres. d. Length of project, in miles: (If appropriate)' e. If the project is an expansion, indicate percent.of expansion proposed /v fib %; f. Number of off-street parking spaces existing • ; proposed , g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially N//I Ultimately/i/V i. Dimensions (in feet) of largest proposed structure —P-44 height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 34— f[. 3 •. 2. How much natural mate6, rock earth, etc.) will be removed fn' .ie.site! Lam' tons/cubit yards 3. Will disturbed areas be reclaimed? Dyes ❑No a. If yes, for what intender: purpose is the site being reclaimed? b. Will topsoil be stockpiled for,reclamation? ❑Yes ❑No c. Will upper subsoil be stockpiled for reclamation? Dyes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be-removed from site? acres. 5. Will any mature f rest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes �N 6. If single phase project: Anticipated period of construction 1'U months, (including demolition). . 7. If multi-phased: 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 d. Is phase 1 functionally dependent on subsequent phases? Dyes ONo year. 8. Will blasting occur during construction? Dyes 9. Number of jobs generated: during construction -N ./t ; after project is complete N 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Dyes �o If. yes, explain 12. Is surface liquid waste. disposal involved? Dyes >160 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? OYes ,41No Type 14. Will surface area of an existing water body increase or decrease by proposal? Dyes' o Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes , No 16. Will the project generate solid waste? ❑Yes VNo a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Dyes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Dyes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? Dyes A1` o .a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? Dyes ANo 19. Will project routinely produce odors (more than one hour per day)? Dyes .l ' o 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes 0 21. Will project result in an increase in energy use? Dyes , If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24• Does project involve Local, State or Federal funding? Dyes If Yes, explain o 4 25. Approvals Required: ` y. 'Submittal ype Date ,City, Town, Village Board ❑Yes.;' 'o`:..:.. :.:. :.::.::, ,. •.; City, Town,.Village Planning Board es ONO - u7-,dO -5 %wr-/ A4PM,L)&- 4#4J . City, Town-Zoning Board ❑Yes eNo City, County Health Department Yes .ONO ��r;ocie eb M 4L:r& /0 Other Local Agencies ❑Y:es J<N0 Other Regional Agencies [:]'Yes 4No. . State Agencies ❑Yes No Federal Agencies ❑Yes tN0 C. Zoning and Planning Information 1. Does proposed action involve a.planning or zoning decision? es ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site?. wSi:UcSS ����� Ty,�gL S.c7izNT. �z .3. What is the maximum potential development.of the site if developed as permitted by the present zoning? 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? C 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? Ares ONO 7. What are the predominant land us/(s) and zoning classifications within a '/, mile radius of proposed action? 8. Is the proposed action compatible with' adjoin ing/surfounding land uses within a '/ mile? ,.�es ONO 9. If the proposed. action is the subdivision of land, how many. lots are proposed? a. What is the minimum lot size proposed? .f3-54 X -?O y- 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes "o kr 11 . Will the proposed action create a demand for any community. provided services (recreation, education, police, fire protection)? ❑Yes �No a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action .result in the generation of traffic significantly above present levels? ❑Yes o a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO 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 "nformation provided above is true to the best of my knowledge. Applicant/Sponsor ame S jSCC.ia7E.T Date Signature �4 Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2-_."110 ' ;T IMPACTS 'AN D•THEF IAGN 'UDE ' 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 beer' 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 significanc asks that it be looked at further. e. Identifying an impact in column 2 simply• 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 general ly'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 is lower than example, check .column 1. but threshold 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- 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 • Examples that would apply to column 2 XNO DYES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ foot of length), or where the general slopes in the project area exceed ❑Yes ONO 10%. • Construction on land where the depth to the water table is less-than ❑ ❑ . ` 3 feet. El Yes ❑No • Construction of paved parking area for.1,000 or more vehicles, ❑ ❑ • Construction on land where bedrock is exposed or generally within ❑ ❑Yes ❑No 3 feet of existing ground surface. ❑ ❑Yes ONO • Construction that will continue for more than 1. year or involve more ❑ ❑ than one phase or stage. ❑Yes ❑No ' • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ tons of natural material (i.e., rock or soil) per year. ❑Yes ONO • Construction or expansion of a,sanitary landfill. ❑ • Construction in a designated floodway. ❑Yes ONO ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ ❑Yes ONO 2. Will there be an effect tc. ...,y urs.que or unusual land fog s found on _ the site? R.e., cliffs, dunes, geological formations, etc.} NO DYES • Specific land forms: ❑ ❑ ❑Yes ONO 6 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24, 25 of,the Environmental Conservation Law, ECL) .<NO 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 ❑ ❑ Dyes' ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes- ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ Dyes. ❑No 4. Will proposed action affect any non-protected existing gr new body of water? *NNO DYES Examples that.would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ •❑Yes ❑No or more than a 10 acre increase or-decrease. Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑. ❑Yes' ❑No Other impacts: ❑ 0 []Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? ) NO El YES Examples that would apply.to column 2 • Proposed Action will require a discharge permit. ❑ ❑ El Yes El No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. ! Construction or operation causing any contamination of a water ❑ ❑ El Yes ❑No supply system. • Proposed Action will.adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in-'excess of 20,000 gallons per ❑ ❑ []Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ ❑Yes 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 . []Noproducts greater.than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which rn.ay ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑Yes ❑No 6. Will proposed action alter drainage flow or patte ns or surface water runoff? 4O DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. Cl' ❑ ❑Yes ❑No 3 Small ro Potential Can Impact Be ^ Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainage patterns. 0 El ❑Yes []No �. • Proposed Action will allow development in'a designated floodway: ❑ []Yes ONO. • Other impacts: ❑ ❑Yes []NO- ❑ ❑ ❑.Yes []No f IMPACT ON AIR 7. Will proposed action affect air quality? Examples that would apply to column 2 A15N 0 DYES • Proposed Action will induce 1,000 or more vehicle trips in any given hour. ❑ ❑ ❑Yes ❑No. •. • Proposed Action will result in the incineration of more than 1 ton of. refuse per hour. ❑ ❑ ❑Yes ONO • Emission rate of total contaminants will exceed 5 lbs. per ~ heat source producing more than 10 million BTU's.per hour.our or a ❑ ❑ ❑Yes []No [. • Proposed action will al,'ow an increase in the arnount of land committed I to industrial use. ❑ ❑ ❑Yes ❑No r • Proposed action will allow an increase in the density of,industrial development within existing industrial areas. ❑ ❑ ❑Y.es ❑No • Other impacts: ❑ ❑ ❑Yes []No 'IMPACT ON PLANTS AND ANIMALS ii• Will Proposed Action affect any threatened or endangered- species? VNO DYES Examples that would. apply to column 2 ' Reduction of one or more species listed on the New York or. Federal list, using the site, over or near site or found on the site. ❑ ❑ ❑Yes []No ' Removal of any portion of a.critical or significant wildlife habitat. ' Application of pesticide or herbicide more than twice a year, other ElEl ❑Yes ❑No than for agricultural purposes. ❑ ❑ ❑Yes ❑No i ' Other impacts: ❑ ❑ ❑Yes ONO, Will Proposed Action substantially affect non-threatens or non-endangered species? O DYES Examples that would apply to column 2 )VN. Proposed Action would substantially interfere with any resident or migratory fish, shellfish or.wildlife.species. ❑ ❑ ❑Yes ❑No Proposed Action requires the -removal of more than 10 acres ' Of mature forest (over 100 years of age) or other locally important ❑ ❑ ❑Yes ❑No vegetation. IMPACT.ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land rFN ces? Examples that would apply to column-2 0 DYES The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture,.vineyard, orchard, etc.) ❑ ❑ ❑Yes ❑No 8 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.acre"s ❑ ❑ ❑Yes ❑No of agricultural land or, if located in an Agiicultu'tal 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? *0 DYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 . • Proposed land uses, or project components obviously different from ❑ ❑ - ❑Yes ❑No or in sharp contrast to current surrounding land use patterns; whether man-made or natural. • Proposed land uses, or project components visible to users* of ❑ ❑ ❑Yes ❑No' aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities bf that resource.. • Project components that-will result in the elimination or significant . ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No' IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of i'storic, pre- historic or paleontological importance? , NO DYES Examples that would apply to column 2 . • Proposed Action occurring wholly or partially within or substantially El ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. ; Any impact to an archaeological site or fossil bed located within the ❑ ❑ []Yes ❑No project site. • Proposed Action .will occur in an area designated as sensitive for ❑ ❑ ❑Yes No archaeological sites on the NYS Site Inventory: • Other impacts: ❑ ❑ ❑Yes • ❑No IMPACT ON OPEN.SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply 'to column 2 NO DYES ` The permanent foreclosure of a future.recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open.space important to the community. ❑ ❑ ❑Yes • Other impacts: ❑No ❑ ❑ ❑Yes ❑No 9 IMPACT ON TRAN, RTATION 1 leSmall to 3 14. Will there be an effect to existing transportation systems? M Berate Potential Can Impact,Be Large Mitigated By Examples that would apply to column 2 XNO DYES Impact Impact Project Change • Alteration of-present patterns of movement of people and/or goods. 0 -Proposed Action will result in major traffic problems. � ❑Yes ❑No •. Other impacts: Yes ❑No• ❑Yes ❑No IMPACT ON ENERGY 15. Will proposed action affect the communit energy supply? y's source of fuel or Examples that would apply to column 2. ENO OYES • Proposed Action will cause a'greater than S% increase in the use of any form of energy in the municipality. ED ❑Yes ON . _- • Proposed Action will require the creation or extension of an energy ` transmission or supply system to serve more than 50 singfe or two family ❑ 1^ Yes ONO residences or to serve a major commercial or industrial use. • Other impacts: n ❑Yes ONO NOISE AND ODOR IMPACTS I 16. Will there be objectionable odors, noise, or vibratio as a result of the Proposed Action? Examples that would apply to column 2 'T' O AYES I • Blasting within 1,500 feet of a hospital, school or other sensitive facility. ❑ ❑Yes No • Odors will occur routinely (more .than one hour per day), •Proposed Action will produce operating noise exceeding the local ❑ Yes ❑ 'No ambient noise levels for noise outside of structures. ❑Yes ONO ' Proposed Action will remove natural barriers that would act as a noise screen. ❑Yes ❑No Other impacts: OYes ❑No IMPACT ON PUBLIC HEALTH' 7• Will Proposed Action affect public.health and safeFN Examples that would apply to column 2 0 AYES Proposed Action may cause a risk of explosion or release of hazardous substances(i.e.oil, pesticides, chemicals, radiation;.etc.)in the event of O Yes ❑No 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 0 form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, ❑Yes ❑No infectious, etc.) Storage facilities for one million or more galloris of. liquified natural I gas or other flammable liquids. 0 ❑Yes ❑No i Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous ❑ ❑Yes ❑NO waste. Other impacts: �I ❑Yes ❑No 10. IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD Small to Potential Can Impact Be 18. Will proposed action affect the character of the existingcommun.ity? Moderate Large' Mitigated By �NO DYES Impact Impact Project Change • . 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. ❑ ❑ El Yes El No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ ❑Yes ❑No or areas of historic importance to the community. • Developmentwill create a demand for additional community services ❑ ❑ El 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. ❑ ❑ ❑Yes ❑No Other impacts: ❑ ❑ ❑Yes ❑No 19. Is there, or is there likely to be, public controvers related to potential adverse environmental impacts? NO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IRVOSTANC;E OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(5). • 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 MS . s R/C APPEALS BOARD. MEMBERS SCOTI' L. HARRIS Gerard P. Goehringer, Chairman ': �?�; '= �. O.� Supervisor Charles Grigonis, Jr. Serge Doyen, Jr. Town Hall, 53095 Main Roae P-O. B6k 1179 James.Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Telephone (516) 765-1809 TOWN OF SOUTHOLD Fax(516) 765-1823 Telephone (516) 765=1800 Appl. No. 3987 ACTION OF THE BOARD OF APPEALS Upon Application of S.H. FRIEMANN & OTHERS. .—Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk Schedule) for approval of insufficient frontage...(lot width) {as excists} .along the Main Road of proposed Lot #3 and for approval Of insufficient lot depth of proposed Lot #2 , in this pending minor subdivision; and for approval of access according to New York Town Law, Section 280-A over a private right-of-way. Zone Districts: B-General.-Business and Agricultural Conservation. Location of Property: North S.ide of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. WHEREAS, a public hearing was held on November 29, 1990, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony. and documentation submitted concerning .this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present Zoning, and the surrounding -areas; and WHEREAS, the Board made the following findings of fact: 1. The portion of the subject premises which is under". jurisdiction in this variance application consists of approximately 82,880 sq. ft. and' is located in the "B" General Business Zone District. The remaining 17. 693 acres is, located . in the "A-C" Agricultural-Conservation Zone District. Page 2 - Appl. No. 3987 '; Matter of S.H. Friemann &' 'others .Decision Rendered December 13, 1990 The area of land under .consideration in this variance has a frontage of 132.0 feet along. the 'north side of State Route 25 (a/k/a Main Road) in the Hamlet- of Cutchogue, Town of Southold. The width of the remaining '(rear) section (referred to as Lot #1) is 683 . 44- feet Jinclusive -of easements} . 2.. • -The subject premises as exists: (a) contains. a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly, shown on the plan prepared by Roderick .VanTuyl, P.C. dated November 1, 1990. 3. Article X, Section 100-102 , (Bulk Schedule) of the zoning code regulations (as amended, January 9, 1989) requiresla minimum lot depth of 150 feet' and minimum width of 150 feet per lot. 4. The relief sought by this application . are variances for approval of: (a) proposed southerly lot referred to herein as Lot #3 with a .lot width (frontage) of 132. 00 feet, inclusive of easements or right-of-way (or 117+- feet exclusive) ; (b) proposed center lot referred to herein as Lot #2 with a total lot area of 40,192 sq. ft. , inclusive of right- of-way or easements; (c) access to Lot #2 and Lot #l, over a 22 ft. wide right-'Of-way, half of which is shown to be located upon premises of the applicant and the- other half upon premises .of S &. E Realty Co. (parcel to the east referred to as 1000-097-5-0121 . ... 5. For the record, it is noted that the condition of the . right-of-way is excellent without the necessity for further , improvements at this time, except, however, that the entire access road must be maintai-Tied 'at a minimum width of 18 feet. (without obstruction) for sufficient maneuvering and access-'by emergency (fire) vehicles. 6. In considering this application,. the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and .practical difficulties claimed are sufficient to warrant a J Page 3 - Appl. No.. 3987 Matter of S.H. Friemann & -others Decision, Rendered December 13, 1990 . . . grant of this variance; '(c). there' will be no substantial: change in the character of the neighborhood, and a precedent would not be set since the shape and character ofthis land has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue,,, other than a variance; (e) that in view of the manner in which the difficulties arose; and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as -conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was . . . RESOLVED, to GRANT the relief as requested (and noted in paragraph #4, supra) , in -the. n -the Matter of the Application- of H & S. ASSOCIATES (S.H. FRIEMAN & OTHERS) under Appl. No. 3987, SUBJECT TO THE FOLLOWING CONDITION: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length'.•for sufficient manueverability by fire and emergency vehicles (pursuant to -the requirements of New York Town Law) . Vote of the Board: Ayes: - ,Messrs. Goehringer, Doyen, Grigonis and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHRINGER, C IRMAN t a Tr_i.aI Term, Part 22.,, of the Su r_ome Court- o.f . the State' of New YGr •r hej-C' in and for the County of . Su olkr at Riverhead, New- York, on• • the �s-r✓ti day of September,. 1992 . PRESENT: Hon. George F. .X. McInerney, Justice - - - - - - - - - - - - - - - - - - X In the Matter of the Application of SANFORD H. FRIEMANN and others , Petitioner, For a Judgment under .Article 78 _.f t-h'e JUDGMENT Civil Practice Law and Rules ' J.nv:;*.-; idat ing the Decisions of the Planning Bo�:- r.d 'of the Index: No. 91-28767 To:-in of Southold rendered March l2 , 1991 and Octobe_ 29 , 1991;' �r,j;.=FAD:p �GiT 1992 -against ' ' THE PLANNING BOARD OF THETOWN- ' O SOUTHOLD, AND ITS. MEMBERS, BEDiNE`:i' ORLOWSKI , JR. , Chairman, GEORGE TTCHIE LAT,I , .7R. , .RI.CFARD G: WARD, MA*;:,r�. S . MCDONA.LD and KENNETH L. EDWARDS., .. Respon.di :.is . - - - - - - - - - - - - -- - - X An application having beer,, , made, pursuant to CPLP. Article 78 , to annul and vacate the lettcz - decisions of the Southold Town Planning Board dated March 12, ' 1951 and October 29, 1991, and directing said Planning Boar(-.; to process the r pc-tit .n r s aPpl7; cati_on as -a set--off * of a ing'f lot pursuant to Section A-1066-13 of the Subdivision of and Regulations of the Southold Town. Code, or in the a 1te %7e • as t illinor subdivision coas.isting c:C two _lot..;: _n th:D Gerieral. Business District, and Sd 1c; a pp11ca t]!.7n having beC:'i rE''. ;) iar ly 1:' head by the Court , Upon r^diliny anc+ fil.i -!g tll� i�ii>t_L .:• `)'i Petition herein, dated ioLD`c&., ,er 5 , 1-191., and the anneY'.c •aLio. Sanford I . n riemann and others, verified the 5th daj of December, 1991 , with due proof of service,. and• the ancwF=..'L, verified June 25 , 1.992, and the affirmation of Harvey A. Arnc:`- ,' Esq. , affirmed June 25, 1992, and the affidavit of Sennett Orlowski, Jr. , sworn to June - 25 , 1992, both in opposition therc_to, and the affidavit in reply of. • . Sanford H. Frie nann, . sworn to July 7, 1992 , in support of the petition , and due deliberation having been had, and reading and filing . the memorandum decision her^i.n dated August' 19 , 19.92, now upon motion of Cron and Cron, z;q•s . it is ORDERED, ADJUDGED AND DE'_REED that the. 'petition be and the same hereby is granted; and',i-t .s further ORDERED, ADJUDGED AND D„!__:REE'D that the determinations of Respondent, Planning Board ofC the ' Town of Southold, as included in its letter determinations C March 12 , • 199.1 and October 29 , 1991, are annulled and vacated . acid it .is further ORDERED, ADJUDGED AND D.E,,.REF,D that Respondent, Planning .. Board of. the Town of Southc.%ld, is directed to process the Petitioner' s application as' a :ninon subdivision and to grant thc_. rcl :i r therein requested. �,,,.•,,, ENTER. �y i tin -- FILED 0 C T S 1992 EDV AFD P.pi) r' CLERK OF SUFFOLIC CoUa y • CLF'R--h NOTIFIED G 2 7. ;qc;��'�"�� ,:�;:>t; !.��?'17 ':.'� ��" L '�12 -•� j��.E liPl.l?ti:E COT_%:�.T, StJr-roLK cGtTN-r'Y ---------------- -----=--- --- PART 2 2 11' t1i :viatter of'the Applicatio?1 o,`., SAINT .=•C-)RD 14. FRI:E:N•IANN and Lathers, �S�': 1'IcIIvI:Pi`�f=.l' J.S.C. Petitioner, ' S!.id'-!Went ands Article 78 of the c'ivi1. Practice; La;v „ id Rules Invalidating t!!c DCO;Sions OF the Planning Board of the DATED. ,� �G r S _r 9 92 I -`-:ri n Southold-rendered March 12, 1991 ' (?':tuber 29, 199I ilg?l it:i t- l i`i i.1l, N().: C 1-1 2 7 61 J r T,:1 P LAN KING 1-30A E;;D OF THE.TOWN OF S(,UTHOLD, AWN D ITS MEMBERS. BE NNE i 1 ORLOWSKI. JR., Chairman, MG CAS EDI"iS P GEORGE RITCHIE LATHAM, JR., i;IC'1I.�R1� C. WARD, MARK S. Ivlc"DONALD ri; 1:L-N,'�T:i L. EDWARDS, Responde;it.s. " _z VEY A. AID:NOT . . 14j.]t;1. %�,tt�raeys f;�r Petitiloner ,." c?Uad 1' v dox °53 orney mr Respondents ' ` . . P. ;pox 1179 N t 111935 5:3095 IN ain Road Sc�uillotd, NY .11971 BY this Article 7$ proceeding, petitlolie- ast;;i for judgment vaca-tins c?nC1 annullirg�heil�` to :h�cisic,ris Q,`the Southold Tow,, P1zLnning F ..-d dated . 1991 and October 2 19�i P •c.-•,. Ir• March 12. Boa: rnccss tlie" ��Iti:' ;' ' �� : a set-off Qf a inr�rc 1 ' i:lt Ali 'l.� „ i, �,. > p :L S �� l.�Gd.tiQIl t.v . • :Ill. 13 Gleneral L�isiness District pursi;ant tQ ° i!:`io �;- L ` - . r�'�'tli:{: •;�- .! -r ut. i rl /_ 106-.1 Q!' tll� SIIbd1V1$ �, i:� :' ` ,i1 1i01u. .f ICE of !�1'" t , t• t `e " �t a�=�n.Codol or' in (lie ail:e.. .ative. ';;; a mirror subdivis;on conisisting �.•, b or %) lots Irl tL'c' B General Business D1utAICt. �,viih :;ec* Dior. 2S0P. Town Law approved access c',cr roc:t.p:;l�,e;, r: ht-of-way or street, and that said PIa.-;n.i.ng Board be' further directed to process $ id a7�lic:atloil i13 oriE IiIVCI 'lilR tl':•0 (2) separat:', zmd :iistlnct.subdivide.d parcels by Virtue GI ir�; c+pplication by the Tn_' , r'n of Southold into a "B�r Gener;il parcel a Business parcel "A-C Ag?rict:itural coil scrration P'arcel. Th:--- sl.ibjlcI. property ot' '.Vl ich pca!t !" 1 i'1':.!11i1nI1, is 1 LO-OYvller, COrtl I�•PS 19.5 !CS. Ol l Illy r t , let C ' ' ,`C'^r. 0 'x111: nolt!'er:) -' ll,J-i - a,�res. 7,Cliic ., `!; :' •AgTicUltural Conservation c ' ' -0 " sl,l�;l2 lOt, 7_0iil'.d �i" UUucire and 1 B , s 1)AC1 i' ti'��L`' ' IIN-DI X IN'(D. -1-28767 ?lie,fa.nds-are focatecl on Itilain Road v outs 15;, ^utchocrue, NeW York. III September, 199U, petitioner ''soupt the Advice" of tilt: Town Plannin, Board ors mef,e,nt herein) as to a proposed subdivision.of t :e business zoned parcel into t%vo.. A commeii:Ial f)111Id1Ilg was already situated thereon, f;-::rtin an Route 7.5. : .. The Board's advice war, that the Torvi; onirrt Board of Appeals would have to Grant �'an�:r, es since n1either of the proposed subdivided _ depth Iequrrements of the Southold 1"OvIn Zoning p�" '�ls wc�trnc� meet certain frontage, width and n;inor ;ubdivisiotl and submit reaps wli*jch ;;Loki inc::,xfe ti e'i A-CI" Aoi cult[rn1 Cunservl on to file f Ic: �n .'.hic:h a perennial nursery operation: is conc[ucted i 1 e bt;I '.vhich would bC trnaflcctcd bI the SUliCllYISIOn. �1-he snaps. were fUi'll,:i11:=Ci ti? ,"Il[ f' ` r 'oa I _ tilt?Ur �:Ulleii"lsro;l), i # rc, ancf a fee hf �Z,�OJ.CQ paid (for a uLsccit,cntLy, foIlowin,; applicaticin tr.t '�u', i_;orlinU Board ;' � ,� � - � " ". .1�'e�ccrnbcr ('> 199p +he virtanceS ,v oar o: F pp,ct� ., the .,2tLe;, on - • ranted . and, a: ha.. `_dt:I�,tianal.l been r qu s ed, apnrcved -acc,.. over t:t:; •�2 "��r ,-• -access ;.• Dal cd i'lgilt-of-Way rimilin in a noI';::,.trj J CliiCtion froxi Main Strct't t0 the.\ �:i' .Iltur�tl Cogs:rvation parcel. Atrlc'n� the Zoning Board of,�ppc l's :::Tidings was: "For the record, it is roteci th,:t (ht� condition oc th; right-of-W'ay is CXcellent, tivithou: `ire necessity for further itnproveT,eats at [Ilia trrne, CYCept, however, that the entir, i1cce roa Ci 1.lust b�.'. a l�lutlt UI;:; r ��; r nllintain d at a minimum of 1.$ feet tru ion) for Sufticicilt ma?-;euverinQ and �!%: -:ess by emergellcy (fire) vehicles." On :e-approach to the Planning Board, i`, by letter dated March 12 1991, ir_dicat�cJ ill?t )Cforc it Wouid t al:e any action, ma had to be.s :�. 'umi p tted showing a 30 foot (Wide)r;ght-oi-way morn Main Strcct (Rte. ? ) to the Ag;icil"A'ral Conselvaticn District,. and file IJave;,ler,t '.vidtll ;within the right-of-wa should he 24 feet, , Y The.:eason gi.veil for the additional roa<] width •.Vas ' to Illect till'' existitl? and fulturn -trce.,;S I?l':CCIi o.1 tr;C, C•lltlri: SUbCIIvlSipn°, Required-also ,vere "road profiles', in a:::;OiQ�.r'1GC; 1Vltll tIIA right-of-way hand estirilatc for t' i ll;ipCUvenlcntS' i.Tld a "1'ari� 1I1 �1 C [ rlgll- 0:-��'`y 1�IdCllll:•g; 1 avgrounc .fee of$2,OW.^a dollars for the residential lot.,, 'PhOru then followed t c straerlletit addition, due c�Jrutruction is required, this applicttti a to she fact that road _ ..• on.wilt. be procc: . :;d as a major subdivision." 199 'lp• lic.,tion =i::, made b �, ti ZI .l') ll decision, 1, ! .r I ?Z.i y p. ti Oner to the Planning Board t() u 2" e ision, but the Board, by let�::r of October-:I9; 199Z, reiterated i. s p,cvio.t[s deters : t ttin ;ilea inn•, ce . g .forth, in part art: The 'Plarining BOT'd h<:s classilii::l tilts ,ltrbdivision nl2jor subdivision du.. to dlie a, a !act-:!AU tilt✓ proposal the cbrlstruction of a. new street .pro saL .rnquirzs tlr ;_ - .•., rlajr,r ut?division is ^ 'I'U'h'I (✓(L: �i;? s ,, i z ons (if five (�) or more lots, or any subdivision _.;Ytri;7;,g the onslrucGon of a new street or the exterision o municipal facilities." The existing business lot has.fror:�!:.tc on .Iyfain P,oaci. The proposed lots do not .have'access .:r, an existing :;trcct, and therefore.require the co;;;;tl«c.tl;ir: of a r!c�v street. it may: be that the existing ;,aVC1.' f ASP; is'sufficient or the e CIStI11g buildings. H'oveevar, ;f your Client V:is11c", ie subdivide his property, ` road rrr:; i;be constructed to -provide access to the interie;- Ctrs: ,."s iot and the ir,tC;"Mr, residential lot, As per Section A106-33 n(2) c: [lie 'town ("ode, all streets in miior subdivisions shaJ;.be twc1lty-cunt (2S) feet in width. The Planning 'Lio-,iY , in its cliscretio reduce the road width to twcnij %:,.) It is this, %vidth, twenty-four (24).feel ' that U e Plrulnil,g Uoard is requiring for your client's su"'vision. The creation of the additional business iot along '!.,a--ants a twenty-.aur foot pavernent width. The_e'l5ore, 'lie, 1-3-Mard is not iii ia'Jor of any furtller raluctiort () the road tipeeificatio:Is. In s pport of its Position,`respoinden,t , ct�, al "this lawsuit is the result of a r:, :;isr�t;te regarding the dimensions of the access road ►r.:.:�ssary to properly and safely serve the subject stibdi 1 -1"; that it was the Board's-orir-,ioh t':rat. a 24 r soot pay ed road is requiec! LU adeaur.tcly se.-ve the access needs of the p.rop{�sed sub. -,isior., and that such judgment should L of be disturbed by the Court. P.esnondent gives as its rezison for c1.as:: Eying [lie subdivision as "major" as dud to tlil� Fact that his (petitioner's) proposal requires file co:;;truction of a new street. Cited is Sec. A 106-33 A(2) of the Code that all minor streets jr., m,.,:— subdi•:isions shall be 28 feet in width but the P1211nirrg .Board has discretion.to reduce the road ti:�:dth to 24 feet, which it has done in this C' ,11-1, riiy, petiticne:i obsen es that 11 'et of thc: right-of-way is on an adjacent' 17ro;7INiy owne.r's pr�trnises (by permissio nj.ancl Ofthe roadwayin the other direction would al, cci tiie exist]n�T corm-, rcial building; and ;ilsn Tlt •, r i u j'z rt of an existing tree, lime `,;ouldi have to ')e removed; that the submission of road pros; and a letter.of credit or its equivalent %or rcud•improvcments arc; totally urinecessaiy recllirGl"'ientS ii no roll widening is required by the - Court. As to n I%tt:': anal Pia round ic- of$2 G`�; ^�' Yb Q,uv: t.i,. imposition of same is not,Warranted by the application submitted. The Planning Board in ;t�rr i:,-ling tllr petitiar.er's application to a r'nlfor subclivisiori considered the 17-1- acre "A-C'' par::<; to b�. Cr the S2")O0,00 Park fee. here is no subdivision of t i:;:. ^: ,' a S1I1„l� lot acid arbitrarily asscsse�i Planning , 1 . , �►-C' zoned parcel submitted to the caul, ,_nd dius ric land could be conw-i,,,' ."IcrCiTi for Park and Recreation purlioscs. If bt, st;c;i , the c<ac, no ass�ssmult in lieu of land c::;n t)c de. ?»> the Planning Board. . Moreovcr, `here Can be no land I'eclUiied '"or Pa;.1: purpQscs on the ,�;v;';;::!i cf a busi[1CSs p�LICE1 Wl,iCh Is in fact thel ri;itur' (;; the l;ctitioncr's .application. lNU:r;;y;: i`,c_), >.1-Zc,i67 D Ci I C?E The determination b tfte nci car:iciousiy rendered �Lnd y Town Plal-pi Boa!'d is Consi;;et'cd t0 f;atie 1^���n rblt!'arily i> her;by v<ie<<tecl. . TIP I'larirtirig Board is directed to allows- petition:is application, as submitted to it. Definitions from the 'Town Code foll .' MIOp, SUBDIVISION = any ;;;lodivision contai;.ii,a not more th four. (4) lots fronting on an exis(1��� street anor riot requiring the e(tensiOri of muni.c;:pal. facilities; and not adversely affecting the develonr:,ont of t}ic erty a remainder of the Parcel or adjoining propnd n t ill, 'conflict with any provision or portion of the �:ast�'r Ulan, Of icial r;fap.or Zoning Ordinance,'if such exist:. or these rcgUlation;>. MAJOR SUBDJVrS.10N -'All su'lxivmions not classified as alinor subdivisions, including, but not :,,,sited to, subdivisions of five (_5) or more lots, oY any sub: ,isioil requiring the construction of a new street or thc: extension"of municipal lac:ilitics. to :fir COLT t'S opinion, the subject p,tv('cis fit into the t;bavC defined category or' Minor S«hciivision, not Major. Rcsporndcrit'� argument that "due-to tr,. q application will ba processed as a Major subdivision" is -illogical ct hat sinceonthe-on]. ion iseas n qui Zed, This th; need of road construction is that it is a Major sub;l s•ision, and it is a Mai subdivisionn for Dec?4se road coa,tructioal is required. This is faulty, =:.ircuitous IOgic. As petitioner points out on there is no su�� 2'2, to 24' becauseon t�,-ort for respondent's 2 foot wid6hing from N ell-being of the community wouldthereby beenhaived--d.iness lot, or that die safety and Petitioner notes that Southold `I'ov"n G .:c: �'T-T' Specifications" "Con trucf;o. Spec ili.c.ltions" applicable to all constrt:c::ted roa s�after ecemberl, SS^v, doers not) concern ti!e L. in which the subject parcels are ier..;ie�l . iiF 'i'r;�.v;� L',nnrd, -,.s the SOle r' , , , dra;ving the conclusion from this that l�.c�sla_ive authority, e�;:�:,�d not to include the road v,�i.dti re l;�i,e,-nE:nts �;r (iiE; "L'" Business zone and tee "�-, A'ricultural id zone. F!om L'rtrize; vi'Ianrtinor7rd afl..-t.- �11jyr� of,��uritirl, '�rz, 7.4.AD7_d gig, 42G i�YS'' 1AD'_)d Dept 1980],: �d The court will <>n.ly substitute its o dment for that of the plarinin- board when-the board h h :bL1,cd .its discretion or acted arbitrarily or ilic�laily (; r�>11CIE�rsoil, New York 1' '`�' -' riliFA1ANN V. SOt1•i.'r�-.I~U . INDEX NU. 91-7_b767 Zoning Law and p,acticc �2cI ed.l: §15.Oy; :jlcrttcr of i-rkelc v. Murdock,. 265 N.X.-545, 193 P .E. 3.13; ?ifattcr of?�oM v. )- edman, 51 A,D.?_d 728, 37;s N.Y.S.2d 784). Herein, Such arbitrariness in the .Pl,-,m ; Beard'; decision, is found. The petitiorI is granted, and tile. determi ::trons Of respondent ,1s ,iI;Cl lded rr, rtS Itte:s c �I<;rc(; 12, 1.991 and October 29 1991, are t.; ;ulicC quid ;aG�iec�. :t2eS11oider:[ , -?1i i;c;i;r. to hetitioncr the relief requested in his application to i,. TWIT tb ac • err \7\i 11 •.1 •; . PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman :" N. SCOTT L. HARRIS :.� .•.., � Supervisor 'George Ritchie Latham. Jr. Richard G. Ward '•-. Town Hall, 53095 Main Roac Mark,S. McDonald 74��"'yJ Kenneth L. Edwards � ' P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 9, 1993 Richard. Cron Cron and Cron Main Road P.O. Box 953 Cutchogue, New York 11952 RE: Proposed Minor Subdivision S.H. Friemann & Others ISCTMR 1000-=102-2-24 Dear Mr. Cron: The following took place at a . meeting of the Southold Town Planning Board at a meeting held on February 8, 1993 : It was RESOLVED that the .-Southold Town Planning Board start the lead agency coordination process on this unlisted action. The following resolution was adopted: WHEREAS, pursuant to a judgment entered on October 5, 1992� •� in the matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the above application as a minor subdivision and to grant the relief therein requested; and WHEREAS, a decision was rendered on December 13 , .'1990 by .. -'the Zoning Board of Appeals on the matter of S.H. Friemann and- others granting approval of insufficient-*frontage ( lot width) along the Main Road of proposed Lot #3 and insufficient lot depth of proposed Lot #2, and for approval of access according to New York Town Law, Section 280-A over a private right-of way subject to the following -condition: That the access right-of-way be maintained in good condition .to a minimum width of '18 feet (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) ; Be it therefore S.H. Friemann and Others February 9, 1993 page 2 RESOLVED that the Southold Towt' Planning Board grant sketch approval on the map dated November 1, 1990 with the following condi.tion: That the condition of the December 13 , 1990 decision of 'the Zoning. Board of Appeals be noted on the final map. Sketch plan approval is conditional upon submission of final -maps within 'six months of the date of sketch approval, unless .an extension of time is requested by the applicant, and . granted by the Planning Board. The final maps ( 5 paper prints and two. mylars) must contain a current stamp .of Health Department approval,. and must be submitted before a .final :public hearing will be set. Please note that the 'Planning Board has referred this subdivision to the Suffolk County. Planning Commission for- their . review. You will be notified should any covenants and restrictions be. required. Please contact :this. office if you have any questions .regarding the above. . S.incerely, .. Richard G. Ward 17V5. Chairman cc: Sanford H. Friemann Gerard P. Goehriftger, Chairman, Zoning Board of Appeals PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman P Su ervisor George Ritchie Latham, Jr. Richard G. Ward 'm-°a1`. Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 . Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 februar�l 1� 199 . 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: S. }� Fr�erna,nv, an Q O�4.ers SCTM.-* I boo- I Da- 2 • 2 L1 Requested Action: locu+e& ,AJ ricvl Fvra Const �, �iS4ric-f'�/�C. QnU' PMt�c�Q bus �iS f i S P Y� o-I' S u bc71 �S i on, A. = �7.�Wq noes ifV FFL iCEfic� LamagVtQ Lot3t NOIM sg,f+ ctnc� yalLVPs8.-+ respec{;,klyl ivJ 3 �i5CfiG SEQRA Classification: ( ) Type I 7 ( \C ) Unlisted Contact Person: ( 516) -765-1938 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: Q( ) 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. Sincerely, /J Richard G. Ward- : Chairman cc: Board of Appeals Bea d—e, T „ tQ+ - Q,,; l.li r, Tory r}Ty,on} Southold Town Board '*Suffolk County Dept. of Health Services INYSDEC - Stony Brook NYSDEC - Albany S.C. Dept of Ptablle WeEls-, u Arm GeEp of EngI ;eer_�- 01N.Y.S. Dept. of Transportation * Maps are enclosed for your- review Coordinating agencies 14-16-2 (2187)' 7c . 617.21 S EQ R 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 o'r.may be technically expert in environmental • analysis..ln addition, many who have knowledge in.one.particulat,area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method,whereby.applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible to allow introduction of information to fit a projector action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides.objective data and information about a given project and its site. By identifying basic project . data; it assists a reviewer in the analysis that takes place in Parts 2 and 3.. Part 2: Focuses on identifying the range'of possible impacts that may occur from a projector 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 CUpon 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 o�9�iyo/L Sy r�i��c�iS�c�,l. Sc�f=ro c �h �- Name of Action. Sw SSC►C�.�7C S V s�c}c ' Cu // — Name of Lead Agency Print or TyResponsible Officer in Lead Agency Title of Responsible Officer ( e$ig�atu4rRespce of nsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) �'r 0 Date 1 PAc,i' 1—PROJECT INFORN+ION\ 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 considere as part of the application for approval and may be subject to further verification and public review. Provide any addition 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 LOCATION OF ACTION(Include Street Address, Municipality and County) s-7-�r,dF_ Qa> L- " s-- ec;-7z-Mo ra U,C //93 Sdi r=�c� car1:�7 NAME OF AP LICANTISPONSOR BUSINESS TELEPHONE ADDRESS - CITY/PO STATE ZIP CODE Ys- NAME OF OWNER(If different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION S IA"�Ss _-0,V _ -7 Or� r ��T/1 '7�cip L o- 2o.vr� G'c�S'�ivi"�SS f�i�u �1� 0.04i 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.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres' acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces ��.�"9G acres ' CCls�MF_2Gi�L acres Other (Indicate type) � acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained /&-o % of site ❑Moderately well drained 40 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 NY — Land Classification System? A&SZ acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes O a. What is depth to bedrock? (in' feet) 2 5, Approximate percentage ofprc -1 proj�', site with slopes: 10% ❑10-15`% t ❑15% or biCater 6. Is project substantially contiguous to, or WN tain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes o '. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes , 7K0 8. What is the depth of the water table? 2�0(in feet) 9. Is site located over a primary, principal, or sole source aquifer? Dyes JVN'o 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? •❑Yes `1'O 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes _*<o 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 No Describe 13. Is the project sit,e�pl esently used.:by the community or 'neighborhood as an open space or recreation area? ❑Yes 54.Vo If yes, explain 14, Does the present sit include scenic views known to be important to the community? ❑Yes 15. Streams within or contiguous to project area: A6) �p� a. Name of Stream acid 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? s ❑No Ca) If Yes, does sufficient capacity exist to allow connection? ' 'Zes ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes XNo .18. Is the site located in an a ricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? '�Xs ONO .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 15eN0 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes XNo B. Project Description 1. Physical dimensions and scale of project.(fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 1.59� acres. b. Project acreage .to be developed: acres initial) •3 Y; ��_ acres ultimately. c. Project acreage to remain undeveloped 19S-6!F acres. ' d. Length of project, in miles: - � (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed lv /g %; f. Number of off-street parking spaces existing 1.V i1' , ; proposed g. Maximum vehicular trips generated per hour ---dZZ4 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially NlIq Ultimatelyp/v L Dimensions (in feet) of largest proposed structure �[� height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 331'" ft. 3 1 2. How much natural materi�_ rock earth, etc.) will be removed frc situ tons/cubit yards 3. Will disturbed areas be reclaimed? ❑Yes ❑No 1/A a. If yes, for what intendcc purpose is the site.being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑Yes ❑No -c. Will,upper subsoil be stockpiled for reclamation? ❑Yes.- ❑No { 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? �2 acres. 5. Will any matWNor est (over 100 years old) or other locally-important vegetation be removed by this project? OYes 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: 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? ❑Yes No 8. Will blasting occur during construction? ❑Yeslo 9. Number of jobs generated: during construction N 1t after project is complete �7 10. Number of jobs eliminated by this project ' 11. Will project require relocation of,any projects or facilities? ID Yes Xl o If yes, explain 12. Is surface liquid waste disposal involved? ❑Yes >190 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 NIN o Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑Yeso Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes 4',0 16. Will the project generate solid waste? ❑Yes , ]No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑No c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑Yes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑Yes 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 A<No 19. Will project routinely produce odors (more than.one hour per day)? ❑Yes No 20. Will project produce operating noise exceeding the local ambient noise Levels? ❑Yes 0 21. Will project result in an increase in energy use? ❑Yes No 4 If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23• Total anticipated water usage per day -�11? gallons/day. 24• Does project involve Local, State or Federal funding? ❑Yes No If Yes, explain 4 Zf 25. Approvals Required: " Submittal •Me Date -• :.•.i ':. ��,r.,: rt '�.,• `fin r� i'r. City, Town, Village Board ❑Yeso City, Town, Village Planning Board es: ❑No SCLU Y'40M Ot5 444C, City, Town-Zoning Board Dyes eN0 City, County Health Department Yes ❑No LF;:OCK Lb &F_WLTrt 1)Z12- Other Local Agencies ❑Yes KNo Other-Regional Agencies Dyes ,Q'No State Agencies ❑Yes No Federal Agencies Dyes 11No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? , Kes ONO If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? BySi%Ur-SSIF$ "1r6 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? /��2�Gc1GTv�2•�Ll=S�� ,c>?%�L 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? /71C- =S 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ACres ❑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 'f+ mile? .1?1es ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? IF i a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes o 11 . Will the proposed action create demand for any community provided services (recreation, education, police, fire protection)? Dyes No a. If.yes, is existing capacity sufficient to handle projected demand? Dyes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑Yes 440 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 certify that the 'reformation provided above is true to the best of my knowledge. Applicant/Sponsor ame S SSGsC; 'TES _ Date /r1� qG Signature •4 Title �9/1%��2 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part ''RO, � ;T IMPACTS AND-THE - _1AG� 'UDE ..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 , Examples that would.apply to column 2 KNO OYES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ .❑ FOYes ' 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. [7 ❑ ❑Yes ❑No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑ than one phase of stage. No • Excavation for mining purposes that..would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a.sanitary landfill. ❑ ❑ ❑Yes ❑No . • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts .❑ ❑ ❑Yes ❑No 2. Will there be an effect v' _..oy"ur:,que or unusual land for s found on the site? (i,e., cliffs, dunes, geological formations, etc. NO DYES E • Specific land forms: ❑ ❑ ❑Yes ❑No 6 • i 2 3 Small to Potential Can Impact Be IMPACT.ON WATER._. ,, .:_s:".:: Moderate Large Mitigated 3. Will proposed action affect any water body designated as protected? gated By (Under Articles 15, 24, 25 (?,f the Environmental Conservation Law, ECL) Impact Impact Project Change .<O ❑YES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes' ONO.' • 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. ❑ 0 ❑Yes ONO • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes. ONO 4. Will proposed action affect any non-protected existing r new body of water? O OYES Examples that.would apply to column 2 " • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes ONO or more than a 10 acre increase or-decrease. Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ ❑Yes ONO ! Other impacts:. ❑ 0 El Yes ONO 5. Will Proposed Action affect surface or groundwater quality or quantity? eN 0 ❑YES Examples that would apply.to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ONO C • Proposed Action requires use of a source of water that does not 0 ❑Yes ONO* have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with.greater than 45 ❑ ❑ ❑Yes ONO gallons per minute pumping capacity. Construction or operation czusing any contamination of a water El El ❑Yes ❑No supply system. •..Proposed Action will adversely affect groundwater. 0 ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ONO day. • Proposed Action will likely causa siltation or other discharge into an ❑ ❑ ❑Yes ONO existing body of water to the extent that there will be an obvious visual contrast to naturai conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ ❑Yes ❑No products greater-than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ 1 ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes ❑No 6. Will proposed action alter drainage flow or patte ns or surface water runoff? TNO OYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ 1 ❑Yes ❑No 7 Small ',.,— Potential Can Impact Be k Moderate Large Mitigated By _ Impact Impact Project Change f • Proposed Action may cause substantial erosion. • Proposed Action is incompatible with existing drainagepatterns. ❑ Yes ONO • Proposed Action will allow development in a designated floodway. ❑ ❑Yes ONO. • Other impacts: El Yes ONO ❑ ❑ ❑Yes ONO IMPACT ON AIR 7. .Will proposed action affect air quality? Examples that would apply to column 2 Al'N OYES • Proposed Action will induce 1,000 or more vehicle trips in any given hour. El . ❑ ❑Yes ONO • Proposed Action will result in the incineration of more than 1 ton of.refuse per hour. ❑ ❑ ❑Yes ONO • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ ❑ "-'heat source producing more than 10 million BTU's.per hour. ❑Yes . ❑No • Proposed action will allow an increase in the amount of land'committed to industrial use. ❑ ❑ ❑Yes ONO r. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. ❑ ❑ Oyes ONO • Other impacts: ❑ ❑ El Yes ONO IMPACT ON PLANTS AND ANIMALS 8 Will Proposed Action affect any threatened or endangered species? )(NO OYES Examples that would apply to column 2 ' Reduction of one or more species listed on the New York or Federal list, using the site, over or near site. or found on the site. ❑ ❑ ❑Yes ONO ' Removal of any portion of a critical or significant wildlife habitat. ❑ ' Application of pesticide or herbicide more than twice a year, other ❑ ❑Yes ❑No than for agricultural purposes. ❑ ❑ ❑Yes ONO ' Other impacts: ❑ Dyes ❑No ! ' Will Proposed Action substantially affect non-threaten or s non-endangered species? NO OYES !Examples that would apply to columri 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. ❑ ❑ ❑Yes ONO Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally importat ❑ ❑ ❑Yes ONO vegetation. n IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land peso ces? i Examples that would apply to column 2 "1 0 OYES The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture,.vineyard, orchard, etc.) ❑ ❑ ❑Yes ONO k, 8 �< 1 2 3 "Small to. Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes ❑No agricultural land. • The proposed action would irreversibly convert more than 10.acres ❑ ❑ ❑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 ❑ El ❑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? i N0 OYES (If necessary, use the Visual EAF Addendum. in Section 617.21, Appendix B.) Examples that would apply,to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ ❑Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities'of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ' ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of istoric, pre- historic or paleontological importance? ?NO DYES Examples that would- apply to column'2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ Dyes ❑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 ❑Np 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 ❑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 DYES .. The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes ❑No' • Other impacts: ❑ ❑ ❑Yes ❑No 9 IMPACT ON TRAN__.JRTATION 1 � � Small to Potential. Can Impact Be 14. Will there be an effect to existing transportation s stems? Moderate Large Mitigated B NO OYES Impact Impact Project Change Examples that would apply to column 2 • Alteration of,present patterns of movement of people and/or goods. El • Proposed Action will result in major traffic problems. []Yes ONO • Other impacts: OYes ❑No- O El Yes ONO • IMPACT ON ENERGY 15. Will proposed action affect the communit energy supply? y's souFN .of fuel or Examples that would apply to column 2 O DYES • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. ❑Yes ONO- Proposed Action will require the creation or extension of an energy transmission or supply stem I s to serve more than 50 single or two family ❑ ;^ Y ❑Yes ❑No residences or to serve a major commercial or industrial use. • Other impacts: O O El Yes ❑No = NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibratio as a result of the Proposed Action? I Examples that would apply to column 2 'T"O AYES • Blasting within 1,500 feet of a hospital, school or other sensitive facility. O. ❑Yes ONO • Odors will occur routinely (more than one hour per day). • Proposed Action will produce operating noise exceeding the local ElElOYes ❑No ambient noise levels for noise outside of structures. O El Yes El o ' Proposed Action will remove natural barriers that would as a noise screen. act O O ❑Yes ONO Other impacts: O O OYes ONO IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public.health and safety? Examples that would apply to column 2 eO OYES Proposed Action may cause a risk of explosion or release of hazardous substances(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of O O El Yes ❑No accident of 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 O form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, O ❑Yes .. ONO � infectious, etc.) i Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. O O ❑Yes ONO Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous O O ❑Yes ONO waste. / Other impacts: I O Dyes ❑No 10 IMPACT ON GROWTH AND CHARACTER . Small to Potential Can Impact Be OF COMMUNITY OR NEIGH.BORHO'OD `'.. Moderate Large Mitigated By 18. Will proposed action affect the character of the existingcommunity? Impact Impact Project Change • XNO DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes ❑No project is located is likely to grow by more than 5%, • The municipal budget for capital expenditures or-operating services ❑ ❑ ❑Yes El No will increase by more than,5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ El Yes ❑No' • Proposed action will cause a change in the density.of land use. ❑ ❑ Dyes ❑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 El 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. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ 0-Yes ❑No 19. Is there, or is there.-likely to be, public controvers related to potential adverse environmental impacts? TNO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: .1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost. resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 SUBMISSION WITHOUT COVER LETTER SENDER: Jed SUBJECT: SCTM# :. / COMMENTS: FEB I 0 1993 PL ANPJING BOA sM� PLANNING BOARD MEMBERS ,�� �. ,f �� SCOTT L. HARRIS Supervisor Bennett Orlowski, Jr., Chairman ` ><;- •�:_ "•' ''' r''a^ Su p George Ritchie Latham, Jr. f -i Richard,G. Ward �'; � Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516). 765-1938 TOWN OF SOUTHOLD Fax (516).765-1823 February 9, 1993 Richard Cron Cron and Cron Main Road P.O. Box 953 Cutchogue, New York . •11952. RE: Proposed Minor Subdivision S.H. Friemann & Others SCTM# 1000-102-2-24 Dear Mr. Cron: The following took place at a meeting of the Southold Town Planning Board at a meeting held on 'February 8, 1993 : It was RESOLVED that- the Southold Town Planning Board . start the lead agency coordination process on this unlisted action. The following resolution was adopted: WHEREAS, pursuant to a judgment entered on October 5, 1992 in the matter of 'Friemann v. Planning Board, the Southold Town .Planning Board was directed to process the above application as a minor subdivision and to grant the relief therein requested; and WHEREAS, a. decision was rendered on December 13 , 1990 by the Zoning Board of Appeals on the matter of S.H. Friemann and others granting approval- of insufficient frontage (lot width) along the Main Road of proposed Lot #3 and insufficient lot depth of proposed Lot #2, and for approval of access according to New York Town Law, Section 280-A over a private right-of way subject to the following condition: That the access right-of-way be maintained in good condition to a minimum width of 18 .feet. (without obstructions) for the entire length for sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) ; Be it therefore S.H. .Friemann and Others February 9, 1993 Page 2 RESOLVED that the .Southold Town Planning Board grant sketch approval on the map dated- November 1, 1990 with the following condition: That the -condition of the December 13, 1990 decision of the Zoning Board. of Appeals be noted on the final map. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and . granted by the Planning Board... The final maps ( 5 paper prints and two mylars) must •contain a current stamp of Health Department approval, and must be submitted before a final public - hearing will be set. Please note that the Planning Board has referred this subdivision to the Suffolk County Planning Commission for their review. You will be notified should any covenants and restrictions be required. Please contact this office if you have any questions -.regarding the above. Sincerely, Richard G. Ward IN Chairman cc: Sanford H. Friemann Gerard P. Goehringer, Chairman, Zoning Board of Appeals PLANNING BOARD MEMBERS x SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman r ;v_, .. .. Supervisor George Ritchie Latham, Jr. Richard G. Ward Hall, 53095 Main Road Mark S. McDonald . P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516). 765-1823 / 1973 Mathew Martin, Secretary Cutchogue Fire District New Suffolk Lane Cutchogue, New York 119.35 Dear Mr. Martin: Enclosed please find ( 2) surveys F �2/i�U,� 5 (If/3 I v/S/U./_�. 62 S !�. GPiFrx�re�f �5� 7` o-2 Please notify this office as to whether any fire wells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by 3 ,199 . Thank you for your cooperation. er tr y y u l</ Chairman enc. . i r • v � FAQ, IJ ; 53 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman `"' �� Supervisor George Ritchie Latham, Jr. �,( Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516).765-1823 Suffolk County Planning Commision .H. Lee Dennison Executive Office Building - 12th Floor. Veterans Memorial Highway Hauppauge, New York 11788 . Attention: Mr. Frank Dowling, Senior 'Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24,. Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - S.}�, r�ernann a• 04 er$- Hamlet/Locality C,&c ,, ue. S.C.D.P.W. Topo No. : Zoning AQrL_LJ4yrc0 Con$er-oo- t'zrn anA S.C. Tax Map No. : 1000 - I fl z - 2 - a y Major Sub. Minor Sub. Site Plan Cluster MATERIAL SUBMITTED: S�ce-i c ad c�a�ed 9 o m Pr-el i;,t, n ys Plat (3 copies) ', Road Profiles (1) Drainage Plans (1) Topogroaphical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) a�1 % 1 i 'a= 9 Zon,,vu oa � '> COIN Zu&�C,`an e *ere& vr.io j '% Zn wwtvvr e4 Fr;evnctnri Waiver of- Subdivision Requirements - See attached sheet _ CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted) (Type I) (Type II)Action. . 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non_Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed: (Yes) (No) 4. The proposed division has received approval from the S.C. Dept .of Health. (Yes) No) Comments:. �t annirvc�o�ltd St�r��U ` �eci - OwCY14 ccoyLo'dk�(- � , ro �S- cP 2893 We request acknowledgement of receipt of this referral eS) (No) Referral received 19 -by Suffolk County Planning Commission and assigned File NO. Very truly yours, Richard G.._ 'Ward Chairman r . ,�, ,- .. . � . _ - t, .' ° : •,� _ �` ' 5��3�/lam APPEALS BOARD MEMBERS �'� �,_ SCOW L. HARRIS ram ' 'y ...<,u `� yi �t �;• Supervisor Gerard P. Goehringer, Chairman �.. Charles Grigonis, Jr. �_ Serge Doyen, Jr. Town Hall, 53095 Main Road P.O. Box 1179 James Dinizio, Jr. BOARD 'OF .APPEALS Southold, New York 11971 Fax(516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 APpl. No. ' 3987 ACTION OF THE- BOARD OF APPEALS . Upon Application of S.H, .FRIEMANN & OTHERS. Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width)- [as ' excists} along the Main Road of proposed Lot #3- and for approval of insufficient lot depth of proposed Lot #2, in this pending . minor subdivision; and for approval of access according to New York Town Law, Section 280-A over a private right-of-way. Zone Districts: B=G.eneral Business and Agricultural Conservation. Location of Property: North Side-. of Main Road, Cutchogue, NY; County Tax Map .Parcel ID .No. 1000-102-2-24. . Total area:. 19.596 acres. WHEREAS, a. public hearing was held on November 29, 1990, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding -areas; and WHEREAS, the Board made .the following findings of fact: 1. The portion of .the subject premises which is under jurisdiction in this variance application consists of approximately 82,880 sq. ft. and. is located in the "B" General Business Zone District. The remaining 17. 693 acres is located . in the "A-C" Agricultural-Conservation Zone District. Page 2 - Appl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 The area of land under consideration in this variance has a - frontage of 132.0 feet along the north side of State Route 25 (a/k/a Main Road) in the Hamlet of Cutchogue, Town . of Southold. The width of the remaining (rear) section €referred to as Lot #11 is 683 .44 feet {inclusive of easements) . 2. -The 'subject premises as exists: (a) contains. a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly shown on the plan prepared. by Roderick VanTuyl, P.C. dated November 1, 1990. 3 . Article X, Section 100-102, .(Bulk Schedule) of the zoning code regulations (as amended January 9, 1989) requires a- minimum lot depth of 150. feet and minimum width of 150 feet per lot. 4. The relief sought by this application are Variances for approval of . (a) proposed southerly lot referred to herein as Lot #3 with a lot width (frontage) of 132. 00 feet, inclusive of easements or right-of-way (or 117+-. feet exclusive) ; (b) proposed center lot referred to herein as Lot #2 with a total lot area of 40,192 sq. ft. , inclusive of right- of-way or easements; (c) access to Lot #2 and Lot #1, over a 22 ft. wide right-of-way, half of which is shown to be .located upon premises of the applicant and the- other half upon. premises .of S &- E Realty Co. €Parcel to the east referred to as 1000-097-5-012) . 5. For the record, it is noted that -the, condition of the right-of-way is excellent without the necessity for further improvements at. this time, except, however, that the entire access road must be maintained at a minimum width of 18 feet (without obstruction) for sufficient maneuvering and access 'by emergency (fire) vehicles. 6. In considering this application, the .Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Page 3 - Appl. No. 3987 Matter of S.H. Friemann & others Decision. Rendered December 13, 1990 grant of this variance; (c). there will be no substantial change in the character of the neighborhood, and a precedent would not be set since the shape and character of this land has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e). that in view of the manner in which the difficulties arose, 'and in con- sidering all the above factors' the .interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. .Dinizio, seconded by- Mr. Goehringer, it was RESOLVED, to GRANT the .relief as requested (and noted in paragraph *4, supra) , in the .Matter of the Application of H & S. ASSOCIATES (S.H.. FRIEMAN & OTHERS) under Appl. No. 3987, SUBJECT TO THE FOLLOWING CONDITION: That the access right-of-way be..maintained in good condition to .a minimum width of 18 feet (without obstructions) for the entire length •for sufficient manueverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) . Vote of the Board: Ayes: . Messrs. Goehringer, Doyen, Grigonis and Dinizio. This resolution was duly adopted. lk _ C u / �v GERARD P. GOEHRINGER,/5IRMAjj a Tra.al Term, Part 22 , of the Sur_eme Court of the. . State of New held in and fo.r the County of SL' '-Olk, at Riverhead, New York, on • the pszz- day of September, 1992. PRESENT: Hon. George F. X. McInerney, Justice - - - - - - - - - - - - - - - - . - - - x In the Matter of the Application. c)f SANFORD H. FRIEMANN and others , Petitioner, For a Judgment under Article 78 -..f the JUDGMENT Civil Practice Law and Rules Inv 1idat?_ng the Decisions of the Planning Bo:: rd of_ the Index No. 91-28767 Town of Southold rendered March 1G91 and October 29 , 1991, E1,4 t ,;p 0 uT 5 1992 against - A ' I/` � ) r►� THE PLANNING BOARD OF THE TOWN OL SOUTHOLD, AND ITS MEMBERS, BED?NET11 ORLOWSKI , JR. , Chairman,•' GEORGE TCHIE LATHAM, JR. , RI_CHARD G. .WARD, MA'!, S . McDONA.LD and KENNETH L. EDWARDS, n.c i-.: is . Respo X An application having beer,., made, pursuant to CPLR Article 78, to annul and vacate the sett.-3 decisions of the Southold Town Planni.n.9 Board dated M .rc.-l. .12, =.991 and. October 29, 199" and directing said Planning Boar( to process the petitioner ' s sppl.icati on as -a set--off.' of a : Sin g"L= lot pursuant. to Section A-10G-.13 of the Subdivision of i.?and Regulations of the Southold `].'own Code, or in the a erI)•:i "i'v�, as ca manor subdivision consisting of two lots -n th General, Business District, and J said application havin bec-in re,'--,).larly heard bv the CCUri=, upon LnaQinC anti -film J. thc No t_l b.i .Petition herein, dated Decer:;ber 5, 1991, and th.e .a:hnex.:_°c: :;et_Lt:io_n of Sanford I:. Friemann and others, verified the 5th day of December, 1991 , with due proof of service, and the answ,='L, verified. June 25, 1992, and the affirmation of Harvey A. Ar.nc`-',�, Esq. ; . affirmed June 25, 1992., and the affidavit of Bennett Orlowski, Jr. , sworn to June 25 , 1992, both in opposition thereto, and the affidavit in reply of Sanford ' H. Friemann, . sworn to July 7, 1992, in support of the petition, and due deliberation having .been had, and 'reading and filing the memorandum decision herein. .dated August 19, 1992 , now upon motion of Cron and .Crorr; :-sqs . , it is ORDERED, ADJUDGED AND DE:;REED . that the petition be and the same hereby is granted;. and .it :i..s fur..ther ORDERE.D,• ADJUDGED AND D C.:REE'D that the determinations of Respondent, Planning Board of the Town of Southold, as included in its letter determinations March 12 , 1991 and October 29 , 1 91, are annulled anal vacated, and it is further ORDERED, ADJUDGED AND D.'E11REED that Respondent, Planning Board of the Town of ' South is directed to process the Petitioner ' s applicati_on as a :ninor subdivision and to grant the re t therein. r.equestcd, ENTER. ;.. J.S .C. FILED OCT 5 1992 EDVMRD P.ROB CLERK OF SUFFOLK COUMY LFR,� AU� SUPI.L,iti'`_E COI_, .T, StJFFOLK COUNT' T!':1 A',7r✓RiV1 - ---------- -— -------- ------- PART 22 In tli . NiaU-Cr or the Application? o,`., S;,NFO RD l-I, FRI:EMANN and others, "TUY: -NMICINE;RNEY, J.S.C. Petitioner, For a.Jtldhlnent`urlCler Article 78 of the Clvpl. Practice, La;v wid Rules Invalidatl.riP; a t;;'e Decisions of the Planning Board t>f the DATED: ?9gZ vrr o`.�outhold rendered March 12,' 199 p (;',Labe?.r 29, 1991,. 91-28/b7 THE i Lip\NNING BOARD OF THE TOWN OF SOUTHOLD, AND ITS MEMBERS, BENNETT ORLOWSKI, JR.,.Chairman, NIG CASEDIS1P GEORGE RITCHIE LATHAM, JR.,' ICHARD G. WARD, MARK S. McDONIALD and K"E.- N E T H L. EDWARDS, Respondents. :: C.:'RON, FSQS. HAt?,VEY A. ARN•OFF, ESQ. A,ltor ncys far Petitioner Attomey for Respondents ::oad, P.O. Box Q53 P.U. Fox 1.179 t1ic'ho g:ie:,, NY 11935 53095 Main Read -Souihold, NY 11971 I7?y this Article 7$ proceeding, petitiaric; ' as?;s fcr��a' h ensa �tinz a'O October Co d n a the le ter :jeciSicrl; of the Southold Town P1Cm g '-' d 21991ana 1'� nn_i, Bc•:•.:.,, rate r�; 1 tob 29 91 anfi dlrectiol- S�tiil Plannine Board to proCCSs the^ �."`(_•ti '_i''r`S i�pD1..iGi3ti011 a'S 3 Set-OTi OIL , "B" G TierJa Business 1 a a Dis[.,c:. pllr� an[. to Sc:c�,iori �-,-1U6-.13 of the Subdivlsic of i.rin�� T��S lii�iior;S C7i tlti ``Qilt�iold. ';Ulvi7 Cbcjc or ir. 1 z ?� . 1 i.p c.• ai;:e;;.�•L.t':'e., ri :minor. subdivision cor,slst�ng of �•�'•�� ;,) lots hn the "B" General Business* Distriot. xith Scation 280A Town Law approved access over 22 tort paved r'�pht-of-way or street, and that said "'Junin; Board be further bcii directed to process S216 application as one involving two (2) separate c]1C1 iiISi?rlrt.suvided parcels by virtue of Zoning application by the Town of Southold into a "B" General Business parcel anti a "A-C" Agrici:itural conservation parcel. They .Subject prop e1-ty of '.viilCji p.:tltl.i)Ili Fr1.111Ri111, 1S a CO-0lvlier, C•oi 1ps IS`S 19.5 �•CI�S, Of Which the noith�.rly lot is 17.J-1-;'- acres, zoi:i ; "15, C`� fH`;iyCUltUril Conservation and i +/- 4C :.5, ',?ISO P Si11 1C lot, Zoned "B" BusinCSS. .r R11i lY1!k�11\I ` . �.�.�1:'. D IINDEY� d 0. 9 =?8767 The lands-are located on Main Road ,::route l'i), Cutchogue, Ne>v York. Irl September, 1990, petition' r "soug „ the advice" of thc: Town Plannim, Board (respondent he.reirt) as to a proposed subdivision a,`. tke. business zoned parcel into twr,. A commercial building was already situated thereon, ; sting on Route 7.5. .The Board's advice was that the To�v.l %toning Board of Appeals.would have to grant v1, an;._es since neither of the proposed subdivided pcl:;::els wc�Uid meet certain frontage, widthar,d depth Ie.yuirements of the.Southold 'I'o 1n Zoning Code. Petitioner was-further advised to file for a n;iaior subdivision and submit !naps wRich ,would inc.:.acle the I Conservation parcel ail <<,-hicil a percnriial rtulscry operation is ceilducted, Lit-' ":vlii.ch mould be unaffcctcd by the subdivision. Ile 1112-?JS WC170 furIlislicd to the lrlinor <ubciivisioL;). 1 Iti�, r card and a fee of$2,500.00 paid (for a S ub.sequentl.y, following application. tc, '�11? ,o11in01 .rjoard of Appeals*, the iattc,, on l?ecernb�r iris 1990 ranted t s z, h variances al,d, i., .ti.onal.ly been .requested', approved access over tht; 22 ;:cot uavcc[ right-of-uay running in a nor;::;=r1y di;ectlon fro,n Main Street to the A�;ri' _liturai ConscIV pion parcel. Ail1G'11� the Toning Board of ;� cal's :�riding5.was- "For the record, it is noted the t pP (he condition of th;; right-of ;r:iy is e�,cellent, tiwithoui `hp necessity for further improvements at this dine, except, 110WeweI that the cntir: access road i nest be, maintained at a minimum of 18 N"ithu'.lt u6structlon) for Sufficient mallEuverina and by errlergz.nc.y (fine) vehicles." On ;e-approach to the Pianning Board, `, by letter dated March 12, 1991, indicated that before it would take any action, maps had to be s!:bmitted showing a 30 foot (wide; right-of-way from Main Strcct (Rte. 25) to the .Agr icu aural Conservation District,. and the pavealer,t t}1 ;within file right-of-way should fie 24 .feet, Th_e. caso;l given for the addi.tiona'l road width wa.i °10 i11ect till'; CXiStltlg and fi.lcurc� ilCC.e.`i$ Ileeds (i ti'. entire subdiv'isiC)n", Required also ;were "road profiles" in C;.:wordanc c; with the bond estimate for road jnlprovei*tents; and a "Park arv," ;'laygr"lund:fee of$2,000.0a dollars for the residential lot," "I}i^1'e alien followed tl?'C 5t"'Lan'Lent ".i ? addition, due to the fz+,ct that road conStrtiction is required, this application will be procc ..t:-A as a major subdivision." On September d "0. 1991, �ip,plication w:'.s m'a e i;Y petitioner to the Flanr:ins Hoard t• rF:vies.;r its :�'larcil .l'?t�1 dl,cision, but the Bn,' cl, by Iet4::- of tJctcber 19 1991, re•i.ter�fP� �t� J previous deteri-nination, Setting forth, i:1 ;.part: �..... s The Planning Board ha;; cfassifi, iubdivi:ior ' lase major subdivision due. to the tiie proposal. .requires file r�onstructiorl of a new str,_Ca. .., rMjvr su[?d[vision is of Give ��L'.."ined ill the (�i) PAC-- I cTE .1:�:.:N �, . So,.)'1'1;...,L.�; 1r11��L�� iv0. 91-287167 or more lots, or any subdivision ;•�.;Xuiiing th construction Of a new street or the exterislon m;lnicipal facilities." The existing business Iot 11as.frorq.q;e on iviain Road. Tile proposed lots do not have access :.n an existir.; street, and therefore .require the constructinr: •�f a new Street. It may: be that the existing pave,; re; is sufficient for the existing buildings. How,,eve-1,.;.f ycur client wishes to subdivide his property, a road rn . ; be constnlcted to provide access to the interior buu -x.ss .i.ot�an the.inte.ior residential Iot, As per Section A106-3:3 A(2) o' the Town Code, all minor streets in. major sui�divisions si;ali, he twenty-eight (28) :eet in width. The Planning Eic),T'r;. iaits discretion, lnay .. 1l'.duce the road width to iwcnty-t1-Ji1" (%ti) feet: It 1s this toad width, twenty-four (24'.. feel that.the Planning "oasd is requiring for your client's sirbc'i'visicll.' The creation of the add'tional business lot along ;arranty a twenty-lour fodt pavement width. Theref�:�r�, the ;-i��iird is not in favor of any further reduction of the road sptecificztio:is. In support of its position; respondent +es that "this lawsuit is the result of a dispute regarding the dimensions of the access road n.:.:�ssary to properly and safely serve the subject subdivision, "; that it was the Board's ori).,iori Caat. a 24 Moot paved road is required to adequately serve the access needs of the proposed sub•� -risior., and that such iudgment should not be d1'st'Ll'bed by the Court. Respondent gives as its re4•tson for c as:•, dying the subdivision as "major" as due to the fact that his (petitioner's) proposal requires file co:: tructio.n of a new street. Cited is ,Sec. A 106-33 A(2) of tllc Code that all Minor strcc;ts in mcjc;,`subdivisions shall be 28 feet iri Width but the Planning .Board has discretion to reduce the road to 24 feet, which i.t has done in this C:or,trarily, petitioner obsen-es that'l.1 :cat of the.right-of-Way is on an adjacent �ro;�e•rty owner's premises (by permission) and extet s rr of the roadway in the other direction .would affect till': OXistlrIL, co Y r :e 'i : i s , C n �: `..i r•-..1 r ; 1 ,rc.�1 bull !Lng., end .iI�C a. .,u;:.::,LnLI.li " ift Of an e;cist-ng tree line ;;<<ou!d have to 1)e removed; that the submission of road profi ::s:afid.a letter of credit or its equivalent for road i1npro�.rcmems am totally unrieressaiy requircl7icrts if no road w:dening is required by the o1.1rt. As to a PFL">; and PIayground fee. of2,G��G.GG the impositic�n of same is not warranted by the application submitted. The Planning Board in corri-c.-ting t11r petition application to a major subdivision considered the 17-1-T acre "A-C' par, .:::. to be a single lot and arbitrarily assessed the $% D)0.00 Park f subdivision e;.. ile.re is no subditi i,.i.c n of th .n A-C' zoned parcel. submitted to the Planning Board, and thus, nc land could be :.Herein for Park and Recreation purposes. 1f such be the case, no asscssment in lieu of Ian.d c::rr1 be.,°.i^de. by the Plani Lng, Board, Moreover, there can be no land required i`or Park purposes on the divi.ri:;n of a usiness p arccl which is in fact the n,:rturw of the l;ctit!trlcr's.a.pnlicat!ort. Pr O), I T V. Sorg -{OL.r_; INDEX NO, � 9.1-2S 67 The dctermination by, the Town Plan:nz Boat•d is considered to have lico and capriciously rendered and' is hereby ,.. n z_rUitrarily vsEc<E:teel. T..:P Plannili9 Board is directed to allow petitions-r's applicatiotl, as submitted to it. Definitions from the Town Code foll,, MINOR SUBDIVISION-= Any :, ibdivision containing not more than four. (4) lots fronting on.an existing street or not requiring the extension of muni.cpal. facilities, and not adversely affecting the developroo of the remainder of the .parcel or adjoining property. anci i,c?t in conflict with any Pr or portion of the Mask,, Ulan, Official T:fap or. Zoning; Ordinance;'if such. exist:. or these regulations. . :MAJOR SliBDIVISION - All su' 'ivisions-not classified as rninor subdivisions, including, but not �:r.:iterl.to, 'subdivisions of five (5) or more Iots, or any sub:;:,ision requiring the construction of a new street or the: extension of municipal facilities, , in tho court's opinion, the subieci pwn. cis fit into the above defined Category Of �;iinor S;tb(iivision, not Major. Resporident's.argumcnt that"due to the: fact that road construction is requircd, ibis pplication will be processed as a Major subdivision" is :iiIog th ical:since the only reason given for the need �f road construction is that it is a Major stib,i s•isicft, and it is a Major subdivision because road construction is roqui..red. :This is faulty, :_.ircuitous logic. 2:� As petitioner. points out, there is no supp ort for respondent's 2 foot widening from .. to 24 because of the addition of one unimproved.�;"siness lot, or that t1e safety and ti%,ell,being of the community would thereby be enhan_:;d. Petitioner notes that Southold Town C-'-!J6 "Highway Specifications' �ec. .Qi -8-I5.1 "Const:u�:tion Spec.ili.cltions" 1pplicable to all constrtu::ted roads after December 1, 1990, does not ccmccrn the zones in wilich t116 subject parcels arc ioc:�.• �0-, dra}wing the conclusion from this that The ::cwn. Board, 2:s the sole legislative authority, el<:-°ed not to include the road width re l;;ire.-nEs:nts for ti1E2 "U" Business Zone sand.the "r�_nit Agricultural nonsezration Zone. From C111- ef- v Planning Board of 1,4 1 i?'lyti of 111111tinelo t, 74.AD2d 372, 426 NYS2d ti [AD2d Dept 1980]',: The; court will only substitute; its ;+'d nlen;.'for that of the planning.b board when.-the board hz ;;bused .its discretion or. his acted arl)itrarily or illegallyNew York 'PAGE 5 FlUEMANN V. SOt1' 'Hi.-ILD IN -X NO. 91-25767 Zoning I.aw and Practice (2d ed.1 §15.09; [j2aiter of'Erl�'ele V. Murdock, 265 N.Y. 54.5,. 103 E. 3.13; Matter of Rollt v. 1%riedmdn, 51 A.D.?_d 728, 37 N.Y.S..2d 784).- Herein, such arbitrariness in the Planni::J Board's decision, is found. The petition is granted, and the, determl,•)s,tions of respondent as included in its letters C?i 'MdTCh 12, 1.991 and*October 29, 1991, are and vacated. Rlesp-,ndv nt sh'911 «cCord to petitioner the relief requested in his application to it. Ly {\ J C. / 1.C\ I PLANNING BOARD MEMBERS ': ,w r i' SCOTT L. HARRIS Bennett Orlowski, Jr.,'Chairman ? �;..� ?:,;;; �" Jy Supervisor :George Ritchie Latham, Jr. .;�"�� :• ,� �j�,r-� ' Richard G. Ward Town Town Hall, 53095 Main Road Mark.S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD 'Fax (516) 765-1823. February 9, 1993 Richard. Cron Cron and Cron Main Road P.O. . Box 953 Cutchogue, New York • 11952 RE: Proposed Minor Subdivision S.H. Friemann & Others SCT14# 1000-102-2-24 Dear Mr. Cron: The following took place at a ..meeting of the Southold Town Planning Board at a meeting held on February .8, 1993 : It was RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. The following resolution was adopted: WHEREAS, pursuant to a judgment entered on October 5, 1992 in the matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the above application as a minor subdivision and to grant the relief . therein requested; and WHEREAS, a decision was rendered on December 13 , 1990 by ."the Zoning Board of Appeals on the matter of S.H. Friemann and- others granting approval of insufficient"frontage ( lot width) along the Main Road of proposed Lot #3 and insufficient lot depth of proposed Lot #2, and for approval of access according to New York Town Law, Section 280-A over a private right-of way subject to the following condition: That the access .right-of-way be maintained in good condition .to a minimum width of 18 feet (without obstructions,) for the entire length for sufficient maneuverability by fire ,and emergency vehicles (pursuant to the requirements of New York Town Law) ; Be it therefore S.H. Friemann and Others February 9, 1993 Page 2 . RESOLVED that the Southold Towt' Planning Board grant .sketch approval on the map dated November 1, 1990 with the following condition: That the condition of the December 13, 1990 decision of the Zoning Board of Appeals be .noted on the final map. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension . of time is requested by the applicant, and granted by the Planning Board. The final maps ( 5 paper prints and two. mylars) must contain a current stamp of Health* Department approval,. and must be submitted before a final public hearing will be set-. Please note that the Planning Board has referred -this - subdivision to the Suffolk County Planning Commission for their review. You will be notified.-should any covenants and restrictions be.-required. Please contact this office if you have any questions regarding the above: Sincerely, 0 Richard G. Ward Chairman cc: Sanford H. Friemann, Gerard P. Goehringer, Chairman, Zoning Board of Appeals Southold Town Planning Board Town Hall Southold, New York 11971 Re: rlS i3Ss���3�=s i po A x 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, ether (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 tru y, SUBMISSION WITHOUT COVER LETTER .SENDER: , SUBJECT: SCTM# : COMMENTS: JAN 2 7 19m SOUTNOLD Td'�'i'd— pU►NMNG BOARO�, rv15. RAYMOND L. JACOBS to JAMES A. RICHTER SUPERINTENDENT OF Q • g ENGINEERING HIGHWAYS ;061 �•a INSPECTOR 765-3140 765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD APR IT lU , 1992 MATTHEW G. KIERNAN ASSISTANT TOWN ATTORNEY TOWN HALL. 53095 MAIN ROAD SOUTHOLD, NE"el YORK 11971 RE. PROPOSED MAJOR suB IVISION M..�.. �.... S. H FR I E v?ANN & OTHERS D O U RTE. 2.5. CUTCHOGUE SCTM # 1000 - lOL - 02 - 24 APR a 3 1992 Deaz Mr . kiernen: SOUTNOLDTOWN PLANNING BOARD As per vc-ur ' e`-'iie:st , I have reviewe_:71 th,- zil2s for the above r of eT 211Ctc1 sut711zi 131!}li j I have con-d acted all 117sprc"— on of the site . As I understand the si-Uati0n , the Planr_in_x Board is requiring new road construction that will conform to Major Subdivision Specifications . The owner feeis that the existing road width & right of wa_>r should be considered adequate for the proposed action. The owner also contends that tine development shoula be cons_',lere d a ''Minor" Sul_:.div'_s_on ' . ail: A?i _ri1 .__11i1S _=1 i_h Town, ��o(de ,111 06 i3 in1iic a t P that t-he pr'UpO� _ xeve O' Pie17t 1i1 ill_ _. 1• �G1�� er' ci Nai01. SU:,,_1a- IVisioll. Section a 08-42 "Mci?ifi'_ations- t :) 1 71 ll b, iase:? tG r'C:a,]ce- r0a con St-r 1Ct1on reQUIrementS iZ e _s .:C likelihood stY'eet 'v servicing more _han 4 lots The I?Cr' ZC,1-1 parcel to the north of tine proposer: set off is 17 . 693 Acres. This part o_` the site could easily be subdivided again, exceeding the 4 lot , 1im.; Cation Legal g+_Iaranties that would prevent furthter subdivision of the parcel should be established prior to approvals of any rediaced road construction requirements . Town Code Section A 106-33 indicates that the minimum Right of Way for a minor road should be 50 ' wide. The minimum pavement. width . is specified to be 28 ' wide . This dimension can be reduced to 24 ' at the Planning Boards discretion: Section A 108-15. 1 was added to the Code in November of 1990 . This section allows for reduced pavement widths in residential zones servicing between 1 & 5 lots . General Business zones were not included in this table. It should have been listed with the industrial zone or the R-80 zone. This would again require a minimum pavement width of. 24 ' . MATTHEW G. KIERNAN APRIL 10 , 1992 RE: PROPOSED MA '()R SUED- ISI�JId S . H. FREIMAAiN & OTHERS Ey.isting con:_titions at. the site show a 22 ' wide Right. of W. y that is fulls- paved . Half of this R. O. W. is on the adjacent parcel to the East. The width of the R. O. W. is substandard . R. O. W. should be wi Lened to ensure tfat ai]1 fu .ure subdivisioIi of the northern section will have adequate access . Due t,D e i-- iii(-4 s'te cL-)ndit2on s lt. ma'i 1,1ot t,e pojSible to obtain the full 50 ' ----equ_re:d , but a reasonable alternative should be discussed. The condition of the e:>iSting road sur faCE is tail . Several pot holes have recently been repaired . I would recommend rowever ,, that the road, 1; e resurfaced with a 2 ' 1ift- o f asphalt If this is not acceptable to the owner , a aeries of cores could be taken to Verify the structaraI integrity of the existing road construction Some `_'ilrb7.1i'•=i doe" exist and I ',4ould recommend that an' final -des_Cj i_ siiouI lnc�ae a'.�:r.-Iai cl.irbing y' � '' along an property line or r i g•r,t of way that. is adjacent to neighboring r �r ty. A 7="c_=ii_3 . � _'� N �Q i p i - ' - p cF - _ _ a.i ia_i.di curIace w �.er run�a.tt snow. ya1 arc k'e _1?C 1'u°`�'. in vh? proposed!ase road illlprGJelTiE'n�a . If you�j have any questions concerning this report or if you require any aC+ditional information , please contact Illy office . S nc erei .1.aI r'J 4. R rr , _'l. A. cc : Bennett Orlowski , Jr .`� Chairman - Planninq Board Raymond L. Jacobs Superintendent of Highways file PLANNING BOARD 25 SEPTE%1 30, 1991 operations, this Board will address this during the environmental review of all proposed commercial and industrial projects. OTHER Mr. Orlowski: Mr. Cron is here with Mr. Friemann tonight and would like to discuss Mr. Friemann' s application. Mr. Richard Cron: I 'm here tonight to address the Board with respect to it' s letter of March 12th, 1991, addressed to S. H. Frieman and others, with respect to an application made to the Board fora minor subdivision. The results set forth in your letter to Mr. Friemann was to the effect that basically you had converted his application from a minor subdivision to a major subdivision. The basis for that being that there was road construction going to be required by the Board. In turn you enlarged the width of the existing road or street from twenty-two feet to thirty feet, and requiring at the same time a twenty four foot pavement width. The street that is in existence is twenty-two feet in width and is paved to the same extent, and has been in that local for as Clong as one can .remember. The street had the Zoning Board of Approval in terms of Section 280A of the Town Law. If one looks at what this application is all about, there is little or no change with respect to this application even as to the proposed minor subdivision. What you have is two. parcels of land, one of which fronts on Main Street, 132 feet in width, which is currently improved as a business parcel. The application went before the Zoning Board of Appeals basically to get a variance with respect to the parcel, and an adjacent piece to the rear likewide zoned B-business. That is an unimproved parcel. The larger parcel to the rear is in an AC zone which would require clustering in terms of any residential development, and consists of .somewhere :in the vicinity of seventeen plus acres. The extent of the minor subdivision is basically getting the approval of the unimproved business lot. There is no subdivision pending with respect to the seventeen acres in the rear which houses a perennial nursery operation. There is no contemplated change to that operation. There is no . contemplated improvement to the vacant business parcel on the Main Road. I do not believe that this Board has the power, where there is :an existing street, Zoning Board of Appeals approved, under Section 280A 'of the Town Hall, to require a :substantial improvement- in terms of the construction of that street to a width greater than exists. Not for the purpose of this minor subdivision. If you read your own statute, the construction that is talked about in PLANNING BOARD 26 SEPTEJ% 30 , 1991 ` subdivision regulations is with respect to a major subdivision. I think the Board itself recognize you could not require such construction certainly with respect to a minor subdivision. Moreover, the construction that the statute speaks of is with respect to a new street.' A new road in a major subdivision, not an existing road. What you want this application to do, on the basis of a minor subdivision. to this Board, is to substantially improve, at great hardship, and cost to this applicant, an existing street which is already approved. I do not believe this Board has the power to compel that. In the light of that, •I would respectfully request that you reconsider the requirements set forth in you letter of March 12, 1991, and after viewing it, in the light of what I have indicated, make a new determination that the applicant may proceed with his minor subdivision on the basis of the existing road, . which is already paved, and has been found by the Zoning Board of Appeals �to be in excellent condition, such as to warrant Section 280A Town approval. That' s basically my pitch to the Board this evening. I think it is an unjust determination by the Board that places this particular application in a major subdivision area. I believe the purpose of 'it is to compel the construction of a street which needs no construction, not for these three lots. Mr. Orlowski: Does the Board have any comments? Board: No comments.. Mr. Orlowski: O.K. , we' ll look into that. Mr. Orlowski: Next we have Mr. Baxter. Mr. Baxter: I could probably save a lot of time by just saying ditto. Mr. Orlowski: Do -you want to do that? Mr. Baxter: I won't take much time. As the map indicates there is an existing house on the property. We own a strange horse :shoe shaped piece of property over on the sound and Gallagher has been living in between the horse shoe for, my guess is, thirty years. It could be thirty-five or forty years and he has had this access road right- of- way that is drawn on the map that he uses .to go back and forth driveway, as a driveway or what ever you want to call it, an unapproved road and that is what he has been using for forty years to go back and forth to his house. We weren't aware that this was two lots. It was treated as one lot, we thought it was two lots and Bill Wickham discovered a couple of years ago that it is really treated as one lot so we started to process it by subdividing it and then came up with the proposal from the Board to improve the road. Pave it with catch basins and trees etc. Mostly everything -that . Dick Cron said applies here. I could really stop there if you �o�uF F94 �Oa ffpe'., Y V eeo h PLANNING BOARD MEMBERS �;. "� � � SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman '. . Supervisor George Ritchie Latham, Jr. ��� Richard G. Ward ` s Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 29, 1991 Richard Cron Cron and Cron Main Road P.O. Box 953 Cutchogue, New York 11952 RE: Proposed Major Subdivision S.H. Friemann .& Others SCTM# 1000-102-2-24 Dear Mr. Cron: The Planning Board has reviewed the questions you raised at the Planning Board' s September 30, 1991, meeting regarding the above mentioned subdivision. The Planning Board has classified this subdivision as a major subdivision due to the fact that the proposal requires the construction of a new street. A major subdivision is defined in the Town Code as " . . .subdivisions of five (5) or more lots, or any subdivision requiring the construction of a new street or the extension of municipal facilities." The existing business lot has frontage on Main Road. The proposed lots do ,not have access on an existing street, and therefore require the construction of a new street. It may be that the existing paved area is sufficient for the existing buildings. However, if 'your client wishes to subdivide his property, a road must be constructed to provide access to the interior business lot and the interior residential lot. As per Section A106-33 A(2) of the Town Code, all minor streets in major subdivisions shall be twenty-eight ( 28) feet in width. The Planning Board, in its discretion, may reduce the road width to twenty,-four (24) feet. It is this road width, twenty-four (24) feet, that the Planning Board is requiring for your client' s subdivision. The creation of the additional business lot alone warrants a twenty-four foot pavement width. Therefore, the. Board is not in favor of any further reduction of the road specifications. The Planning Board awaits your client' s submission of revised maps prior to proceeding with the review of this subdivision. Please contact this office if you have any questions regarding the above. Very truly yours, �vve� � Bennett Orlowski, Jr. �"� Chairman cc: Sanford H. Friemann i- o .10�Lo9?i G�7,C��D'G49?i JQ/JutL �baa,�e S/6 September 17, 1991 -d,� y.Y9#0 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision S.H. Friemann & Others 1000-102-2-24 Dear Mr. Orlowski: This office has been retained to represent the applicant, Sanford H. Friemann, with respect to the above-captioned. In reviewing your letter of March 12, 1991, to Mr. Friemann, we find that a number of questions are raised which require review with your Board. In the light thereof, and in order to complete Mr. Friemann Is application, I should like to request that an early meeting be scheduled at the Board' s convenience. Thanking you for the favor of a prompt reply. Very truly yours, Cron and Croe RJC:of cc: Sanford H. Friemann nn U a 30{�ZHOLD TO`ARID) P�A{dNl�lG BO �.�F - r PLANNING BOARD MEMBERS ', ` SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ems' ? Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 12, 1991 Sanford H. Friemann Pinewoc d Main Road Cutchogue, New York 11935 RE: Proposed Major Subdivision S.H. Friemann & Others SCTM# 1000-102-2-24 Dear Mr. Friemann: Prior to the Planning Board taking any action on the sketch plan for the above mentioned application, you must submit maps showing the following: 1. A 30 foot right-of-way from Main Street (State Road 25) to the portion of the property located in the Agricultural Conservation District. 2. A pavement width within the right-of-way of twenty-four (24) feet in accordance with the Town' s Road Specifications. It is within the Planning Board' s jurisdiction to require the construction of roads, and the bonding for such within the boundaries of the applicant' s property. The Zoning Board of Appeals, in their December 13, 1990 decision, set forth a minimum road width of 1,8 feet. The Planning Board is requiring additional road width to meet the existing and future access needs of the entire subdivision. When the Board has received maps revised as per above, the State Environmental Quality Review (SEQRA) process will be initiated. The Long Environmental Assessment Form, which you have already submitted, will be reviewed by the Board' s Environmental Consultant prior to the Board making a determination under SEQRA. You will be responsible for the $400 review fee. This fee must be submitted before the Board can authorize the consultant to proceed with the .review. ti. Page 2 S. H. Friemann & Others It should be noted that the following information will also be required. However, it is not necessary to submit the items listed below at this time. A. Road profiles in accordance with 1 and 2 from above. B. A bond estimate for the road improvements. Upon approval of the estimate, a Letter of Credit, or its equivalent, must be submitted before the Planning Board will authorize any endorsement of the final maps. C. A Park and Playground fee of $2,000 dollars for the residential lot. In addition, due to the fact that road construction is required, this application will be processed as a major subdivision. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. rns Chairman cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals s�z e7,34 4-6911 PINEWOOD12 Main Road Cutchogue, New York 11935 D z E /,2/lf/9D FEB 2 7;1991 A-01 ISO 1 � 2 'T� i i� J �•wv.,�6 S a S � � I f CO,uC-itC7F CO, P E r Afs APPEALS BOARD MEMBERS o > SCOTT L. HARRIS ►� '; Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. � Town Hall. 53095 Main Road Serge Doyen, Jr. P.O. .Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax(516).765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Appl. No. 3987 ACTION OF THE BOARD OF APPEALS Upon Application of S.H. FRIEMANN & OTHERS. Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as excists} along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280-A over a private right-of-way. Zone Districts: B-General Business and Agricultural Conservation. - . Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. , Total .area: 19.596 acres. WHEREAS, a public hearing was held on November 29, 1990, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and —.the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The portion of the subject premises which is under , jurisdiction in this variance application consists of approximately 82,880 sq. ft. and is located in the "B" General . Business Zone District. The remaining 17.693 acres is located in the "A-C" Agricultural-Conservation Zone. District. Y-. Page 2 - Appl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13 , 1990 The area of land under consideration in this variance has a frontage of 132.0 feet along the north side of State Route 25 (a/k/a Main Road) in the Hamlet of Cutchogue, Town of Southold. The width of the remaining (rear) section {referred to as Lot #11 is 683 . 44 feet {inclusive of easements} . 2. The subject premises as exists: (a) contains a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly shown on the plan prepared by Roderick VanTuyl, P.C. dated November 1, 1990. 3. Article X, Section 100-102, (Bulk Schedule) of the zoning code regulations (as amended January 9, 1989) requires a minimum lot depth of 150 feet and minimum width of 150 feet per lot. 4. The relief sought by this application are variances for approval of: (a) proposed southerly lot referred to herein as Lot #3 with a lot width (frontage) of 132.00 feet, inclusive of easements or right-of-way (or 117+- feet exclusive) ; (b) proposed center lot referred to herein as Lot #2 with a total lot area of 40,192 sq. ft. , inclusive of right- of-way or easements; - (c) access to Lot #2 and Lot #1, over a 22 ft. wide right-of-way, half of which is shown to be located upon premises of the applicant and the other half upon premises .of S & E Realty Co. {parcel to the east referred to as 1000-097-5-0121 . 5. For the record, it is noted that the condition of the right-of-way is excellent without the necessity for further improvements at this time, except, however, that the entire access road must be maintained at a minimum width of 18 feet (without obstruction) for sufficient maneuvering and access by emergency (fire) vehicles. 6. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Page 3 - Appl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 grant of this variance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since the shape and character of this land has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in. which the difficulties arose, and in con- sidering all the above factors, the interests of justice will be served by granting the variance, as conditionally. noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #4, supra) , in the Matter of the Application of H & S ASSOCIATES (S.H. FRIEMAN & OTHERS) under Appl. No. 3987, SUBJECT TO THE FOLLOWING CONDITION: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient manueverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. This resolution was duly adopted. lk GERARD P. GOEHR GER, C IRMAN i SUBMISSION WITHOUT COVER LETTER I SENDER: a � SUBJECT: 14 • Fri a mA n rN SCTM# : JO2 'Z - 2 ¢ COMMENTS: NOV - 2 hgo PINEWO* Main Road Cutchogue, New York 11935 734-6912 or 734-6911 c,F ?ffiz ,elf Z.12tz G r /t [)/C c! ��J/S/ EY� 410 G ' t /1� l�5 �U Si/J SS 72-c>x-> )6',67 G 41vp"C,4-- 1 734-6911 PINEWOOD �(j 734-6912 � Main Road Cutchogue, New York 11935 September 18 , 1990 Planning Board Town of Southold P.O. Box 1179 Southold , NY 11971 Dear Gentlemen , PROJECT NAME H&S Associates minor subdivision , Suffolk County Tax Map Number 102-2-24 . The reason for above project is to seperate Business Zone Property f159-mthe Agricultural Residential. Zone . Ultimately we would like to end up with two "B" Business Lots , and one Agric- ultural Residential Lot . The business hours telephone number is 734-6911 or 734-6912 . Please feel free to contact Sandy Friemann or Hank Rienecker any- time "you feel necessary . i 2 T 4fordIiH. y , Friemann MS o ;:;� �'�+ SCOTT L. HARRIS APPEALS BOARD MEMBERS �, ,.� ff Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. P_O. Box 1179 James Dinizio, Jr. BOARD OF APPEALS Southold, New York 11971 Fax(516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 Appl. No. 3987 ACTION OF THE BOARD OF APPEALS Upon Application of S.H. FRIEMANN & OTHERS. Variance to the Zoning Ordinance, Article X, Sections 100-102 (Bulk Schedule) for approval of insufficient frontage (lot width) {as excists) along the Main Road of proposed Lot #3 and for approval of insufficient lot depth of proposed Lot #2, in this pending minor subdivision, and for approval of access according to New York Town Law, Section 280-A over a private right-of-way. Zone Districts: B-General Business and Agricultural Conservation. Location of Property: North Side of Main Road, Cutchogue, NY; County Tax Map Parcel ID No. 1000-102-2-24. Total area: 19.596 acres. WHEREAS, a public hearing was held on November 29, 1990, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony - and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding -areas; and WHEREAS, the Board made the following findings of fact: 1. The portion of the subject premises which is under jurisdiction in this variance application consists of approximately 82,880 sq. ft. and is located in the "B" General Business Zone District. The remaining 17. 693 acres is located . in the "A-C" Agricultural-Conservation Zone District. Page 2 - Appl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 The area of land under consideration in this variance has a frontage of 132.0 feet along the north side of State Route 25 (a/k/a Main Road) in the Hamlet of Cutchogue, Town of Southold. The width of the remaining (rear) section {referred to as Lot #11 is 683 .44 feet {inclusive of easements} . 2. The subject premises as exists: (a) contains a total combined lot area of 19.596 acres; (b) are improved with structures as more particularly shown on the plan prepared by Roderick VanTuyl, P.C. dated November 1, 1990. 3. Article X, Section 100-102, (Bulk Schedule) of the zoning code regulations (as amended January 9, 1989) requires a minimum lot depth of 150 feet and minimum width of 150 feet per lot. 4. The relief sought by this application are variances for approval of: (a) proposed southerly lot referred to herein as Lot #3 with a lot width (frontage) of 132.00 feet, inclusive of easements or right-of-way (or 117+- . feet exclusive) ; (b) proposed center lot referred to herein as Lot #2 with a total lot area of 40,192 sq. ft. , inclusive of right- of-way or easements; (c) access to Lot #2 and Lot ' #1, over a 22 ft. wide . right-of-way, half of which is shown to be located upon premises of the applicant and the other half upon premises .of S & E Realty Co. {parcel to the east referred to as 1000-097-5-012) . 5. For the record, it is noted that the condition of the right-of-way is excellent without the necessity for further improvements at this time, except, however, that the entire access road must be maintained at a minimum width of 18 feet (without obstruction) for sufficient maneuvering and access by emergency (fire) vehicles. 6. In considering this application, the Board also finds and determines: (a) the relief as granted is substantial in relation to the requirements; (b) the evidence submitted and practical difficulties claimed are sufficient to warrant a Page 3 - Appl. No. 3987 Matter of S.H. Friemann & others Decision Rendered December 13, 1990 grant of this variance; (c) there will be no substantial change in the character of the neighborhood, and a precedent would not be set since the shape and character of this land has existed since before the enactment of zoning in 1957; (d) the difficulties cannot be obviated by some method feasible to the appellant to pursue, other than a variance; (e) that in view of the manner in. which the difficulties arose, and in con- sidering all the above factors,fthe interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief as requested (and noted in paragraph #4, supra) , in the Matter of the Application of H & S ASSOCIATES (S.H. FRIEMAN & OTHERS) under Appl. No. 3987, SUBJECT TO THE FOLLOWING CONDITION: That the access right-of-way be maintained in good condition to a minimum width of 18 feet (without obstructions) for the entire length for sufficient manueverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law) . Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Dinizio. This resolution was duly adopted. lk . GERARD P. GOEHRINGER, C. IRMAN I a" TOWN CLERK TOWN OF SOUTHOLD Suffolk County �g cj, New York 516 - 765-1801 del® J 716 9 Southold, N. Y. 1I971 (_ _19 9� RI` 1VED OF G (�-✓� , �a I)ollare For 70 _ -- a_ _ `77S i Judith T. Terry, Town Clerk Cash ❑ Check ❑' �r a 01i By TOWN CLERK .46015 TOWN OF SOUTHOLD Suffolk County,New York Phone 516-765-1801 Southold,New York 11971 -f-� Q_ Date -1 -�"' 19 R WED OF D� Y m V� / I J `a6 Dollars$ For /V�-c�^o� �' 7 7 SAli-�-¢-- Judith T.Terry,Town Clerk Cash ❑ Check Ei AL� By (J 1 1 i � THIS MINOR SUBDIV�SIOJl� IS FORS LOTS ON 2f s 1(��RES LOCATED ON ?� �or''h s , N� n�1 6�_,Gg,-► ,, IN �.,-r amorP� SCTM#. 1000- /o MINOR SUBDIVISION (NO ROAD) Complete application received — Application reviewed'at work session 07K uo•IL inro. KK Applicant advised of necessary revisions uOL OK Revised submission received - WE OK Jim. Sketch plan approval -with conditions 3 Lead Agency Coordination SEQRA determination Sent to.Fire Commissioner - Q- T3 Receipt of firewell location Flo weo I Ire Notification to applicant to include on final map b n 1-15w 1tr4, 061- 31a'e/931��i�r Y -, c+R a Sent to County Planning Commission �N EWE oK Receipt of County Report 3 5 f 3 t E2 KK Review of SCPC report 3/,)-21 g3 - Dvera-cQe. Jeror£t Draft Covenants and Restrictions received I - _AZO oK Draft Covenants and Restrictions reviewed inro. oK Cv-,O,, was c Filed Covenants and Restrictions received �a Receipt of mylars and paper prints with 1126 !r „1 zmm" Health approval T Final Public Hearing 11121°5 sett 8k�Poji3 Hem Approval'of subdivision -i 1^3 �a-ar�ye c9 -with conditions Endorsement of subdivision ////A�o �` °��• j ud wMw�(- p�y�i'ld 0�'1 ��5�9�7 ►n /�i�tr of/"r�r�m�irrn ✓ ��4r►n '�j APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 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.) 2. The name of the subdivision is to be c ... .rs... .. .. I!�i'.�' ... .. .......... . ...... ... . ... . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . . `�' �.. .... .. .. . . .. . Page . .. ! . . .. .. . . . . .. . On . . . ����� '. . . .. . , Liber . .... .. .. .... .. .. ....... Page . . . .. .. . . .. .. .. . . .. .. . On . . . .. . . . . .. . . ... .. . . . . Liber . .. .. .. .. .. .. .... .... .. . Page . .. .. . . .. .. .. . . .. .. .. . On Liber . .. .. .. .. .. .. ...... . . .. . Page . .. .. ...... .. .. .. .. .. . On Liber . .... .... .. .. .... ....... Page On , as devised under the Last Will and Testament of . . . . . .. .. .. .. . . .. . . .. . . . .... . . . .. . . . .. . oras distributee . .... .. ........ .... .. .. . . .. . . .. .. . . . . .. .. .. .. .. .. .. ......... ..... . . ... . . . .... .. .. .. .. . ... .. .. .. .. ..................... . . . .. .. . . . . . . . . .. .. .. . . ..... .. ... ........ ... . . .. . 5. The area of the land is ... ..q . 5 �. .• • acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . .. .. . . .. .. . . . . . . .. .. . . .. .. .. . . . . .... .. .. .... ... .... . . . . . .. . . . . .. . . .. . . .. . . . . .. . . . . .. . . .. . . . .. ... . . . .. . . . . . 7. The land is encumbered by . .. . . .. . . .. .. .. . . . . .. .. . . . . .. .. . mortgage (s) as follows: a (a) Mortgage recorded in Liber . .76C.)e. . . . Page . . . .yet . . . . . , , ., , in original amount of $.� j.d�'4? . . . unpaid amount $ ®�/.,S"X. . . . . held by .A0. . . eg/✓� . .. . . .. .. .. .. . address (b) Mortgage recorded in Liber . . . . . . . . . Pa-e . . . . . . . . . .. . . . . . . . . . .. . in original amount of . .. .. . . . . . . . . . unpaid amount $. .. .. . . . . . . . . .. . . . . . . . held by . .. .. . . ..... ... .. .. . . . . .. .. .. .. .. .. . address . .. .. .. . . .. .. . .. . . . . . . . . . . . . . . . .. . . .. . . .. . . .. .. .. . ....... . . . ... •f. (c) Mortgage recorded in Liber . . . .. . . . . .. .. . Page 1 6 in original amount of . .. .. .. .. . ... . unpaid 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 . .. .. .k? As:rs .. ........ ..... .. .. .. .. .. .. . . .. .. .. . ... . . .. .... .. . . .. .. .. .. .. ...... ..... ......... . . .. . 10. No part.of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (16�e_snot 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 . . . .. . . .. . /1/4 .. . . .. .. .. .. .. . . .. .. .t.. .. .. . . . . . . . . . . . ... . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .. . . . . .. .11V/4.. .. . . .. .. . . .. .. .. .. . ... . .... .. .. .. . . .... . . . . .. .. ... .. . . .. . . . and (a) (no) charge will be made' for installing said lines. 15. Gas mains will be installed by AI and (a) (no) charge will be made for* . .. . . . . . . .. .. .. .. .. .. .. . .. ... .. . .. . .. . . . instal g said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public. streets in the I Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing g public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existin,Z buildings or structures on the land which are not located and show,,on the plat. 19. Where the Plat ShOWS proposed streets which are extensions of. streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposal streets. 20. In the course of these Proceedings, the applicant %,ill offer Proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed- (Iced for lots all restrictions, covenants, etc. Annex Schedule "D".- 22. They applicant estimates that the cost of grading 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 ...f /E�.. . .. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE ..... ...... ...9���9�? .... 19. . . . ... . . . .f7c<�T ,.... .. .. .. . .... . (Name of?pplicant) ByA .... . .. .. . .. . . (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF . ��` {"�°i r�.. . . .. .. .. .. .. .. .. ss: On the . ... . .. .... .. . day of. .. .. . �.t.'.'... . . . . .. .. .. .. .I 199.v. . ., before me personally came .Sd�?a�>°'✓.���. .. ✓1.:..0 0 M. vrJ. .. . .. . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .. ". .. .. . executed the same. N tart' Public RICHARD NONC W NOTARY PUBLIC, STATE OFR NEW YORK No. 2902160 Qualified ir,SkrGa-6ounty Term Expires Marsh-gyp STATE OF NEW YORK, COUNTY OF . . . .. . . . . . . . . .. .. .. .. .. .... . ss: 19 3 z On the . .. . ... . . . . . . .. . day .. .. .. .. . .. of . . . . . .. . . . . . . .. 19. .. ..., before me personally came • . . . . . ... .. . . . . .. . . . .. . to me known, who being by me duly sworn did de- pose and say that . .. .. . . .. .. . resides at No. . .. .. .. .. . . . . .. . . .. .. . . .. .. .. .. .. .. . ... . . . . . . .. . . .. . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . .. . that . .. . . . . . . .. . . . . .. .. . . . . .. . is the . .. .. .. . . . of . . . .. the corporation described in and which executed the foregoing instrument; that . .. .. . . . . . . . knows tile. seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that . . . . . . . .. . . . signed . .. .. .. . . . . . . . name thereto by like order. . . . . . . . . . . . . . . . . . .. .. . . .. .... . .. . .. . . .. . ... . Notary Public C.O ff o J P A-J'N OARED 170 SOU ,H LD s " FO.LT : 't'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 . No (Attached, is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes . 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 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes (DO 6. Was this property the subject of any prior application to the Planning Board? Yes No 7. Does this property have a valid certificat' of occupancy, if yes please submit..a .eopy of same Yes No I certify at the above statements are true and will be relied on by th Planning Boa in considering this application. /rl90 ig tur of prope ty owner or authorized agent date Attachment to questionnaire for...-the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ! n✓ day of �56Pr- 199r) , before me personally came Al GR to me known to be the individual described in-and who executed the foregoing instrument, and acknowledged that /!G executed the same. rotary P blic NOTARY.PUBLIC, STATE COFR NEW�YORK No. 2902160 Qualified_it 3"tV6&60unfy Term Expires Mere14-39; lg•y i 'r 3 r117ritrt Town Hall, 53095 Main Road P.O. Box 1179 Soutliold, New York 11971 Yif r �• 9"fir TELEPHONE (516)765-1938 , PLANNING BOARD OFFICE TOWN OF SOUTHO LD November 1 , 1988 Sanford H. Friemann Main Road . Cutchogue, NY 11935 RE: Rienecker and Friemann SCTM 41000-102-2-24 Dear Mr. Friemann: The following action was taken by the Southold Town Planning Board on October 31, 1988 . RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final map dated as amended September 12 , 1988. If you have any questions, please do not hesitate to contact this office. Very:, truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc. cc: Building Department Assessor' s jt r . .•....uw.w,. uu.u.u.e ................wa.+.r..W.wu:yue..i 'aW+yWt a.N�ww...r m.>av lY a'aJ u. ....u..... ..r..a........................... .... _..w. I FORM NO. 4 TOWN OF SOU`I'HOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z17946 Date APRIL 14, 1989 THIS CERTIFIES that the building ADDITION Location of Property 31095 MAIN ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 102 Block 02 Lot 24 Subdivision Filed Map No. Lot No, conforms substantially to the Application for Building Permit heretofore filed in this office dated OCT. 7, 1988 pursuant to which Building Permit No. 17530Z dated OCT. 14, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION TO COMMERCIAL BUILDING. The certificate is issued to H. RIENECKER/S. FRIEMANN (H. & S. ASSOC. ) (owner, XXXXXXXXXXXXXXXX) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N058894 FEB. 15, 1989 PLUMBERS CERTIFICATIQN DATED N/A Building Inspector Rev. 1/81 r 14-16-2 (2J87)-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 9�iiv®jL Sv i3/7r�✓iS�a�t Sca c 7W X C-2 ca tf Name of Action Name of Lead Agency �J Print or Type Na Of Responsible Officer in Lead Agency Title of Responsible Officer ( S' ature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) �� pp Date 1 PI ' 1—PROJECT INFORMIGON 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 considere as part of the application for approval and maybe subject to further verification and public review. Provide any addition 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 /•vp6c So R /c>/S i Sv C O A4 ,0 "V'c p — -a— LOCATION OF ACTION(Include Street Address, Municipality and County) Ste- -r -moo,*b <) S- . euT�l-10l 06 //C 3 S��r=oc c�a�u NAME OF AP LICANT/SPONSOR BUSINESS TELEPHONE ADDRESS //�J irp. CITY/PO STATE ZIP CODE G'ca-7-c-A/06 U;C NAME OF OWNER(It different) BUSINESS TELEPHONE ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION o96,eictdI- pazv ;,loin 1N0 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: /q,-5-96 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) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces /.S i� acres acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: Well drained /61-0 % of site ❑Moderately well drained °o 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 NY Land Classification System? 9,476 acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yeslo a. What is depth to bedrock? (in feet) 2 5, Approximate percentage of prop i prc site with slopes: X01*_,10% 1110-15% % 1115% or greater % 6. Is project substantially contiguous to, or co tain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑Yes Wo '. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes V<o 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑Yes 411N0 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes 1"" 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes �o - 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 )i o Describe 13. Is the project sit�e pJ esently used .by the community or neighborhood as an open space or recreation area? ❑Yes Flo If yes, explain 14.- Does the present sit include scenic views known to be important to the community? Dyes No 15. Streams within or contiguous to project area: olgD�' 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? ,fires ❑No a) If Yes, does sufficient capacity exist to allow connection? °les ❑No b) If Yes, will improvements be necessary to allow connection? ❑Yes Pi No 18. Is the site located in an a ricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? 'lXs ❑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 '5eN0 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑Yes 'ZNo 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: 0 acres initially; acres ultimately. c. Project acreage to remain undeveloped 19S"G 99 acres. d. Length of project, in miles: N�/t (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed A) ,4 f. Number of off-street parking spaces existing I 1A - ; proposed , g. Maximum vehicular trips generated per hour �- (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially N�r� Ultimately/v/14 L Dimensions (in feet) of largest proposed structure d height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? 301- ft. 3 i 2. .How much natural material roc,., -arth, etc.) will be removed fror*e site tons/cubit yards, 3. Will disturbed areas be reclaimed? OYes ❑No 1/A a. If yes, for what intender purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ❑No c. Will upper subsoil be stockpiled for reclamation? OYes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? C�> acres. 5. Will any mature f rest (over 100 years old) or other locally-important vegetation be removed by this project? OYes - ;"O 6. If single phase project: Anticipated period of construction 44� months, (including demolition). 7. If multi-phased: 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 • No 8. Will blasting occur during construction? OYes Xlo 9. Number of jobs generated: during construction N 1)' after project is complete 10. Number of jobs eliminated by this project 6 11. Will project require relocation of any projects or facilities? OYes , Flo If yes, explain 12. Is surface liquid waste disposal involved? Dyes >Jo 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? OYes XNo Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes 4l0 Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes ArNo 16. Will the project generate solid waste? OYes )60 a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ❑No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ❑No e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes 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? OYes �No 19. Will project routinely produce odors (more than one hour per day)? Oyes 40 20. Will project produce operating noise exceeding the local ambient noise levels? OYes 4<0 21. Will project result in an increase in energy use? OYes No If yes , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day Alld�' gallons/day. 24. Does project involve Local, State or Federal funding? Dyes -)qN--o If Yes, explain 4 25. Approvals Required: Submittal 4p. ` pe Date City, Town, Village Board El Yes eNo CCity, Town, Village Planning Board Aryes ❑No .SDvTA'ril.� City, Town-Zoning Board ❑Yes eN0 City, County Health Department )(Yes ❑No .1ui-rOCK CO ffr.�L7/f Na7- Other Local Agencies ❑Yes �((lo Other Regional Agencies ❑Yes ,B,1N0 State Agencies ❑YesN0 Federal Agencies ❑Yes /yNo ' C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? ,Wes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit subdivision Osite plan ❑new/revision of master plan ❑resource management plan ❑other If i/ 2. What is the zoning class ification(s)of the site? &C2__ NO' 5S �(�,��UL�y��L — Sri .'7i•�L 3. What is the maximum potential development of the site if developed as permitted by the present zoning? it a 4. What is the proposed zoning of the site? VG�� •92 ��rirJ7,¢L 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? /qS6% C6. Is the proposed action consistent with the recommended uses in adopted local land use plans? _N�<es ❑No 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? _ �(,?�isy/C'SS ,� / ��QiC L,3G7u�c.�L ~�-�,c'S/l�/�/trl�•4L. 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y< mile? s ❑No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? -?OY- 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑Yes �l0 11 . Will the proposed action cre�VN demand for any community provided services (recreation, education, police, fire protection)? ❑Yes o a. If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes o 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 'nformation provided above is true to the best of my knowledge. . ( .Applicant/Sponsor amen G�Ci 7E.f Date CSignature Title ti If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2. "RO'- T IMPACTS AND THE AG ,UDE 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 Examples that would apply to column 2 �NO DYES • 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. ❑ ❑ El Yes No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes ❑No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes El No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. _ ❑ ❑ ❑Yes El No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ ❑Yes ❑No 2. Will there be an effect v. ...,y ur:-que or unusual land for s found on the site?(i,e., cliffs, dunes, geological formations, etc. NO DYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 1 2 3 ` Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3. Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15, 24,25 of the Environmental Conservation Law, ECL) _NrNO OYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ ❑Yes ❑No • Dredging more than 100 cubic yards of material from channel of a ❑ ❑ El Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes ❑No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes El No 4. Will proposed action affect any non-protected existing gr new body of water? ,WNN0 DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ El Yes ❑No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ El Yes ❑No • Other impacts: ❑ ❑ ❑Yes ❑No 5. Will Proposed Action affect surface or groundwater quality or quantity? PKN O DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ Dyes El No C • Proposed Action requires use of a source of water that does not El El ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ El Yes ❑No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes ❑No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes ❑No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ 0 ❑Yes ❑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 ❑ El ❑Yes []No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ ❑Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes El No { 6. Will proposed action alter drainage flow or patte ns or surface water runoff? O DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ ❑Yes ❑No 7 j 1 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact. Project Change • Proposed Action may cause substantial erosion. ❑ ` • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No ❑ ❑Yes El No • Proposed Action will allow development in a designated floodway. ❑ • Other impacts: El ❑Yes ONO ❑ ❑ El Yes ❑No IMPACT.ON AIR // 7. Will proposed action affect air quality? JNO DYES Examples that would apply to column2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ hour. ❑ ❑Yes El • Proposed Action will result in the incineration of more than 1 ton of ❑ refuse per hour. ❑ ❑Yes ❑No • Emission rate of total contaminants will exceed 5 lbs. per hour or a ❑ - ` heat source producing more than 10 million BTU's per hour. ❑ ❑Yes ❑Now • Proposed action will-allow an increase in the amount of land committed El4 ` to industrial use. ❑ ❑Yes ❑No • Proposed action will allow an increase in the density of industrial ❑ 'V development within existing industrial areas. ❑ ❑Yes ONO i • Other impacts: ❑ I ❑ ❑Yes El No , IMPACT ON-PLANTS AND ANIMALS $- Will Proposed Action affect any threatened or endangered species? NO DYES Examples that would apply to column 2 IV Reduction of one or more species listed on the New York or Federal ❑ list, using the site, over or near site or found on the site. ❑ El Yes ❑No Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ Application of pesticide or herbicide more than twice a year, other ❑ El Yes ONO than for agricultural purposes. ❑ Dyes ❑No ' Other impacts: ❑ ❑ ❑Yes ❑No �» ' Will Proposed Action substantially affect non-threatene or non-endangered species? O DYES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or ❑ ❑migratory fish, shellfish or wildlife species. ❑Yes ❑No Proposed Action requires the removal of more than 10 acres Of mature forest (over 100 years of age) or other locally important ❑ ❑ ❑Yes ❑No , vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land r]FN ces? Examples that would apply to column 2 0 AYES The proposed action would sever, cross or limit access to agricultural ❑ �. land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) ❑ ❑Yes ❑No 8 • 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ ❑Yes El 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 El El []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? *0 DYES (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 El No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ El Yes El No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of Jyistoric, pre- historic or paleontological importance? )VNO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ ❑ El Yes ❑No project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes El No archaeological sites on the NYS Site Inventory. • Other impacts: ❑ ❑ El Yes ❑No IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 NO DYES CThe permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes []No • Other impacts: ❑ ❑ ❑Yes ❑No 9 n IMPACT ON TRANT - -RTATION FModerate 3 14. Will there be an effect to existing transportation s ste s? Smallto Small to P to teal Can ImpactBe 9 Mitigated By Examples that would apply to column 2 'K'OAYES ct Impact Project Change • Alteration of present patterns of movement of people and/or goods. ❑ . • Proposed Action will result in major traffic problems. ❑ ❑Yes ONO • Other impacts: ❑ ❑ ❑Yes ❑No ❑ ❑ ❑Yes ONO IMPACT ON ENERGY 15. Will proposed action affect the community's sou of fuel or energy supply? �FNO ❑YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. El ❑Yes ONO _- • Proposed Action will require the creation or extension of an energy ❑ `'Y:- transmission or supply system to serve more than 50 single or two family ❑ ❑Yes ONO residences or to serve a major commercial or industrial use. - • Other impacts: > ❑ ❑ ❑Yes ONO - - .NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibratio as a result of the Proposed Action? O DYES Examples that would apply to column 2 �T • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ facility. ❑ Yes ONO • Odors will occur routinely (more than one hour per day). ❑ • Proposed Action will produce operating noise exceeding the local ❑ ❑Yes ❑No ambient noise levels for noise outside of structures. ❑ ❑ ❑Yes ONO • Proposed Action will remove natural barriers that would act as a ❑ noise screen. ❑ ❑Yes ONO Other impacts: ❑ ❑ ❑Yes ONO IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? Examples that would apply to column 2O AYES Proposed Action may cause a risk of explosion or release of hazardous ❑ substances(i.e.oil, pesticides, chemicals, radiation, etc.)in the event of ❑ ❑Yes ONO 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 ❑ form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, ❑ ❑Yes ONO infectious, etc.) I Storage facilities for one million or more gallons of liquified natural El or other flammable liquids. ❑ ❑Yes ONO Proposed action may result in the excavation or other disturbance ❑ within 2,000 feet of a site used for the disposal of solid or hazardous El ❑Yes ONO waste. Other impacts: ❑ I ❑ El Yes ONO , i 10 I n 1 2 3 IMPACT ON GROWTH AND CHARACTER Small to Potential Can Impact Be OF COMMUNITY OR NEIGHBORHOOD Moderate Large Mitigated By 18. Will proposed action affect the character of the existing ommunity? Impact Impact Project Change N0 DYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the ❑ ❑ ❑Yes El No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ ❑ ❑Yes ❑No will increase by more than'5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. ❑ ❑ Dyes El No • Proposed action will cause a change in the density of land use. ❑ ❑ ❑Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ ❑ El Yes El No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes El 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. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ ❑Yes El No 19. Is there, or is there likely to be, public controvp rs related to potential adverse environmental impacts? NO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 11 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Po Ay- Gentlemen: Gu "�z-�o�e��'�►! / , //�7�s� 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 '�•E 5��'I2���-���-"cr.�i d i i i'� t�r r�rr o.7 (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 tru y, �Ilfl'570 tit:utda:;; ?:,'Y.B.T.U, Form H(H17-•,.-' •Itatq- ••I Salr. Dccd, wilt (:ormmnt against Grantor's Acts—Ind :final-- " iration. IL CONSULT YOUR LAWYE! ORE .. NG THIS INSTRUMENT-THIS INS FNT ILD BE USED BY LAWYERS ONLY I I III�� THIS INDENTURE,made the 17 th day of June , nineteen hundred andeighty BETWEEN WILLIAM B . STERLING, residing at (no #) Harbor Lane, ty[ Cutchogue, New York i a `s » i party of the first part,and Sanford H. Friemann, residing at (no #) Pinewood Road, Cutchogue, New York and Henry F. Rienecker, residing at (no #) East- wood Road, Cutchogue, New York, as tenants in common, each as to an undivided i 1/2 interest. REAL ESTATE Aok party of the second part, JUN Z 0 19M I WITNESSETH, that the party of the first part, in consideration of T'R!AN!SM TIAX ---------TEN--------------------------- S.UFPOtL•K CO'U'NTY dollars, �) lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingXx at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : i BEGINNING at a point in the northwesterly side of Main Road and the -- -- , southwesterly corner of land of S & E Realty Company; RUNNING THENCE South 510 28 ' 10" West along the northwesterly side of -i Main Road 132 .0 feet; THENCE along land of Scott (1) North 43' 17 ' 50" West 1,320.0 feet; -- (2) North 51' 28 ' 10" East 132 .0 feet; ? � r (3) North 430, 17" 50" West .556 .0 feet to land of Paul Orlowski; - -` - THENCE North. 470 11' 10" East along land of Paul Orlowski 544.42 ti feet; THENCE South 430 38 ' 30" East along land of Imbriano 1,240.19 feet --- -- to land of New York Telephone Company; THENCE along land of New York Telephone Co . and land of S & E Realty Company South 470 06 ' 20" West 5.51. 90 feet; r-: thence along land of S & E Realty Company South 430 17 ' 50" East 635 .08 feet to the northwesterly side of Main Road, the point or place of BEGINNING. TOGETHER with a right of way 11 feet in width over land of G. T. Billard Estate and partly along other land of Sterling along the northeasterly line of the premises extending from the Main Road northwesterly 770.08 feet; SUBJECT TO a right of way 11 feet in width adjoining said land of G. T. Billard Estate along the northeasterly line of said premises and extending from the Main Road northwesterly ad istance of 635 .08 feet and continuing along other land of Sterling 135 .0 feet; and con- tinuing northwesterly at a width of 22 feet a distance of 549. 92 feet and continuing further northwesterly at a width of 11 feet a distance of 556 .0 feet. ° SUBJECT TO rights of way of others i.n 22 foot right of way as shown on survey of Van Tuyl & Son dated July 6 , 1971. ? T 6 - STATE OF NEW YORK. COUNTY OF Suffolk SS: STATE OF NEW YORK. COUNTY OF SLtff0lk SS: T On the 1/th day of June 198 0 , before me On the 17 th day of June 198 0 , before me ca personally came William B. Sterling pSe�nford H. Friemann and j Henry F. -Rienecke'r— 1 to the known to be the individual described in and who to me known to be the individuals described in and who eX..ecuted the foregoing.instrument, and acknowledged that executed the foregoing instrument, and acknowledged that ne executed the same-. - they executed the sa -. - . •.. • .. Notary Pub t,u i.• Notary Public -'7_.AANfn M. SG�NAEFFER :. 8�O1`ARY PUB Li State-9f New Yont OA,Rt1EL M. SCt-1ACK1` h �,, No. 'T2-4,514 I NOTARY PUBLIC, State of New York Qualified in Suffolk County (jh-/ No. 52-451451 1 Term Expires }arch 30r r Qualified in Suffolk.County ` Term Expires March 30, 19.,.E / STAT11 OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: •�=� i_111 the day of 19 , before me On the day of 19 , before me \personally came personally came ro;:>>e known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with ;ay that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that be resides at No. J that he is the ' o f that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said in.strurnent is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he: said witness, tihn, and that he signed li name thereto by like order. at the same time subscribed h name as witness thereto. to%VITH COVENANT A,6.-,.1NST GRANTOR'S ACTS SECTION Ti'IL.1'. NO. BLOCK L01' WILLIAM B . STERLING COUNTY OR TOWN TO F>Al' FORD F . FRIEMANN and Recorded at Request of ;1. ,[41RY H, RIENECKER gWN -- �! Return by Mail to x1;,1A.ti'IARD FORM OF NEW 9DRA BOARD DF TITLE UNDERWRITERS11 Recorded By: Richard Cron, Esq. Z& 1FE TITLE INSURANCE Main Road Company of New York Cutchogue, N. Y. 11935 127 W.Main Street Riverhead, N.Y.11901 fieturn to: Zip No. r _ S qq �b 7: v 4 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 ': J.R: TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1989 Victor Lessard Building Department J southold, NY 11971 RE: Rienecker/Friemann SCTM *102-2-24 Dear Mr. Lessard: The following action was taken by the Southold Town Planning Board on Monday, April 3, 1989. RESOLVED that the Southold Town Planning Board make a recommendation to the Building Department to issue a Certificate of Occupancy for the above mentioned site plan. If you have any questions, please do not hesitate to contact this office. Very my yours, ell BENNETT ORLOWSKI ,JR. CHAIRMAN cc: Sanford Friemann jt n To r. Town Hall. 53095 Main Road ;, P.O. Box 1179 r�a�fl Southold. New York 11971 : TELEPHONE (516)7 65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 3, 1989 Sandy Friemann Pinewood Perennial. Gardens Main Road Cutchogue, NY 11935 RE: Rienecker and Friemann. SCTM#1000-102-2-24 Dear Mr. Friemann: In confirmation of the past conversations. you have had with Melissa Spiro and Jill Thorp, the following are necessary before. the Planning Board will recommend that the Building Department issue a Certificate of Occupancy. 1. The curbing, as shown on the approved site plan, must be completed. 2. Although the approved site plan does not show the gravel area to the north. of the building, the Planning Board requires that this area be redesigned. to divert the run off to the drain in the parking area. The run. off should not be diverted to Sterling Lane.. Please notify the office upon completion of the above. . ery truly yours, � b/ r BENNETT ORLOWSKI, JR. CHAIRMAN cc: Building Department. ,R ,Ax Town Hall 53095 Main Road '' '' -��j' x�` P.O. Box 1179 Southold, New York 1 1971 `�.� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Sanford H. Friemann Main Road . Cutchogue, NY 11935 RE: Rienecker and Friemann SCTM 41000-102-2-24 Dear Mr. Friemann: The following action was taken by the Southold Town Planning Board on October 31, 1988. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final map dated as amended September 12, 1988. If you have any questions, please do not hesitate to contact this office. : /VVe,�y` truly yours,.,--�, Jf ✓r° 4 BENNETT ORLOWSKI,JR. _ CHAIRMAN`• enc. cc: Building Department Assessor' s jt J Town Hall 53095 Main Road P.O. Box 1179 �, F ' Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1988 Sanford H. Friemann Main Road Cutchogue, NY 11935 RE: Rienecker and Friemann SCTM 41000-102-2-2.4 Dear Mr. Friemann: The following action was taken by the Southold Town Planning Board on Monday, October 17, 1988. RESOLVED that the Southold Town Planning Board approve the site plan dated as amended September 12, 1988 subject to the following conditions. 1. The construction of a minor swale to channel runoff from the new parking area into the new drainage basin. 2. The construction of a small berm along Sterling Lane to prevent runoff from entering the proposed parking area. If you have any questions, please do not hesitate to contact this office. V truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN jt OCT 1 1 I9MM SOUTHOLD TOWN S• lE. REALTY CO, PLANNING BOARD 70 EAST SUNRISE HIGHWAY • SUITE S10 • VALLEY STREAM.N.Y.11561-1260 • [516]561-S500 October 7, 1988 Planning Board Town of Southold Main Road Southold, N.Y. 11971 - Att: Jill Re: H & S Associates Dear Jill: We are the owners of the King Kullen Shopping Center on Main Road in Cutchogue. We understand that there was a hearing on October 6th, 1988 where a special exception was granted to H & S Associates for a Storage & Engine Rebuilding Shop, without notifying the adjoining land owners I find this to be very objectable since I have called the Board on Sept- ember 9th, September 15th, 1988 and was advise to call again on October pr2 7th, 1988 which I understand now to be after the fact. My concern also lies with the paper street between our property and H & S Associates. This paper street has been, maintained by S & E since we built the Center but now that you have allowed a Storage & Engine Building Shop, this will certainly become an active street with all kinds of car and truck traffic, which we object to. We are,- at this time, notifying the Planning Board that we wish to be heard on this matter before any more approvals are given to H S S Associates. Very truly yours, •N 'iigp Julius Cohen Director of Real Estate Southold Town Board of AppealsMAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD RMOUTHOLD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR.SERGE DOYEN, GI October 7, 1988 p P1Q CQT 1 11(111('�1 IICC �J°ames" �i ni zi o, Jr. H & S Associates, Inc. P.O. Box 915 Cutchogue, NY 11935 Re: Appl. No. 3774 - Special Exception Gentlemen: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors` and Planning Board Offices for their files. Please be sure to return to the Planning Board, Building Department, and any other agencies for issuance of appropriate approvals and permits which are deemed necessary pursuant to law. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Office of the Planning Board Office of the Building Inspectors Suffolk County Planning Commission Y, �FFOur V3 T Southold Town 'Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI James Dinizio, Jr. ACTION OF THE BOARD OF APPEALS Application of H & S ASSOCIATES for a Special Exception to the Zoning Ordinance, Article VII, Section 100-70B - for permission to utilize proposed addition, maintaining the westerly yard setback, partly for sales of auto parts, added storage, and engine-rebuilding shop, at premises located along the north side of the Main Road, Cutchogue, NY; County Tax Map Parcel No.' 1000-102-2-24. WHEREAS, a public hearing was held and concluded on Thursday, October 6, 1988, in the Matter of the Application No. 3774SE; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application pursuant to the requirements of Article VII, Section 100-70B for a Special Exception utilizing premises with a proposed addition partly for sales of auto parts, added storage and engine rebuilding. 2. The subject premises consists of a total area of approximately 19.60 acres, a portion of which is presently zoned Page 2 - Appl. No. 3774 Matter of H & S ASSOCIATES Decision Rendered September 16, 1988 11B-1 General Business" along the north side of the Main Road, in the Hamlet of Cutchogue, all more particularly identified on the Suffolk County Tax Maps as District 1000, Section 102, Block 2, Parcel 24. 3 . Submitted for consideration are the July 23 , 1988 Site Plan and Survey Map dated May 21, 1980 prepared by Roderick VanTuyl, P.C. depicting the proposed addition and the existing buildings. The addition as proposed is shown to be at the north (rear) section of the existing building extending a total of 110+- feet and maintaining the same nonconforming setback from the westerly ( side) property line at approximately 18 feet, pursuant to the subject Site Plan Map. 4. It is noted for the record that reviews have been made and are pending by the Planning Board indicating their general acquiescence with the building and parking layout. 5. In considering this application, the Board finds and determines that: (a) the use requested will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent-use districts; (b) the use will not adversely affect the safety, health, welfare, . comfort, con- venience or order of the Town; (c) the use is in harmony with and will promote the general purposes and intent of zoning. 6. The Board has also considered subsections (a) through ( 1) of Article XII, Section 100-121C(2) of the Zoning Code in making this determination. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception as applied for the auto ,parts sales, added storage, and engine rebuilding uses, as shown by the July 23 , 1988 Site Plan Map submitted in the Matter of Application No. 3774 - H & S Associates. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained. ) This resolution was duly adopted. GERARD P. GOEHRINGER CHAIRMAN lk V� OCT l I FA SOUTHOLD TOWN S4 IE® REALTY CO. PLANNING BOARD O EAST SUNRISE HIGHWAY • SUITE 610 • VALLEY STREAM,N.Y.11581-1260 • (516]561-9500 October 7, 1988 Planning Board Town of Southold Main Road Southold, N.Y. 11971 Att: Jill Re: H & S Associates Dear Jill: We are the owners of the King Kullen Shopping Center on Main Road in Cutchogue. We understand that there was a hearing on October 6th, 1988 where a special exception was granted to H & S Associates for a Storage & Engine Rebuilding Shop, without notifying the adjoining land owners. I find this to be very objectable since I have called the Board on Sept- ember 9th, September 15th, 1988 and was advise to call again on October 7th, 1988 which I understand now to be after the fact. My concern also lies with the paper street between our property and H & S Associates. This paper street has been maintained by S 8 E since we built the Center but now that you have allowed a Storage & Engine Building Shop, this will certainly become an active street with all kinds of car and truck traffic, which we object to. We are,- at this time, notifying the Planning Board that we wish to be heard on this matter before any more approvals are given to H. 8 S Associates. Very truly yours, elulius Cohen irector of Real Estate LLII ' H ENat ( �a^j AA)AJ -1 c,4 a/rv,� l !1REQUIREMENTS FOR SITE PLAN. ELEMENTS & CERTIFICATION �l SECTION—BLOCK—LOT TAX 4MAP NUNIBERSw�'-�� "��, \11LAME & ADDRESS OF OWNER OF RECORD ®� 11 OCT " 7 1988 P -- liNAME & ADDRESS OF PERSON PREPARING MAP 1, DATE, NORTH POINT AND WRITTEN & GRAPHIC SCALE HTHOLDTOWN NNING BOARD iiDESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES 'iLOCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS l LOCATION & OWNERS OF ALL ADJOINING LANDS, AS SHOWN ON TAX RECORDS -- 1� LOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS iI ,!: COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY \ f EXISTING ZONING is v AREAS SUBJECT TO FLOODING OR STORM WATER OVERFLOWS lil ?'JWATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE !!ANY BUILDING WITHIN 100 ' OF PROPERTY I —,;' PAVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS . EXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY 'I FENCING LANDSCAPING AND SCREENING i \ PROPOSED BUILDINGS OR STRUCTURAL IMPROVEMENTS .I OFF STREET PARKING AND LOADING AREAS ;i OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS i�I OUTDOOR SIGNS- —" !ii239K SIDEWALKS LOCATIONS WIDTHS: SIZE OF WATER AND SEWER LINES �i ©'►' �► C-CL .i� y ' ��JJ V • i, o � �cj-` J q� f our� Town Hall, 53095 Main Road Ln _' P.O. Box 1179 . '� Southold,New York 11971 ,�� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Southold Town Planning Board DATE: October 4, 1988 RE: H & S Associates, Robert and Diana Baker, John Beebe, Cutchogue Garms LTD. a/k/a Gristina Vineyard H & S Associates (Rienecker and Friemann) 1000-1.02-2-24 Please see correspondence to Mr. Friemann from Planning Board dated 10/4/88 which recommends that he pursue a Special. Exception to expand a non-conforming use. Robert and Diana Baker 1000-55-6-9 The Planning Board has no jurisdiction John Beebe 1000-103-3-5 The Planning Board has no comments, however, would like to note that this is located within the approved subdivision Moose Cove at East Cutchogue, which contains predominantly half acre lots. Cutchogue Farms Ltd. a/k/a/ Gristina Vineyard 1000-109-1-13 The Planning Board finds the plan dated as amended 8/16/88 acceptable. Please see colored map submitted by the applicant which locates the existing vegetation to be supplemented with an evergreen buffer. Town Hall, 53095 Main Road Ln "x P.O. Box 1179 4D, . Southold, New York 11971 �/,p� TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 1988 Sanford H. Friemann Main Road Cutchogue, New York 11935 RE: Rienecker and Friemann SCTM *1000-102-2-24 Dear Mr. Friemann, The Planning Board has been advised that prior to its taking. action on your proposed site plan, you will have to obtain permission (Special Exception) to expand a non-conforming use (that is to continue the non-conforming yard setback of 18.5 ' on the westerly property line) . It is suggested that you pursue this request simultaneously with your. other appeals to the Zoning Board. If there should be any questions do not hesitate to contact this office for further clarification. ery tr ly s � 9 BENNETT ORLOWSKI, JR CHAIRMAN cc: Gerard Goehringer James Schondebare Victor Lessard VICTOR LESSARD EXECUTIVE ADMINISTRATOR S '"� Town Hall, 53095 Main Road � � P.O. Box 1179 (516)765 1802 �A': i Southold,New York 11971 '4�•-SL'',�(� ;-„y i t� OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD September 27 , 1988 TO : Zoning Board of appeals FROM: Building Department SUBJECT : Side yard set-backs r--re-qu-e-s-t-,--2—t+r_�-k-s—ag-c3-, e n t h e Building Department ' s position with reference to side yard set-backs is , and has been since zoning was established , as follows : Any building that existed prior to zoning and not conforming to present Bulk and Parking requirements , (which have been changed periodically by Town Board resolutions) are non-conformities . The policy and procedures followed by this department , since the inception of Zoning, has been to allow the applicant to add on or extend structures , within that non- conforming set-back, provided they do not further encroach on the side line set-back. This is very prevalent in the Business and Residential areas . I trust this clarifies the present position of the Building Department . VGL :hdv FF �o FSEP 2 7 1988 SOUTHOLD TOWN PLANNING BOARD JAMES A.SCHONDEBARE Town Hall, 53095 Main Road TOWN ATTORNEY d� O P.O. Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: Supervisor Murphy FROM: Robert H. Berntsson, Assistant Town Attorney DATE: Sept. 26, 1988 REF: Rienecker and Friemann You have inquired as to the required setback for the expansion of a building which preexists zoning and does not meet the required minimum setbacks of the Bulk and Parking Schedule. Since the existing building did not meet the minimum requirements, the same is a nonconforming structure. Any enlargement or expansion at less than the minimum 'requirements would be an expansion of a nonconformity. Such expansion requires approval by the Zoning Board of Appeals. Please feel free to contact me if you have any questions. cc: Planning Board Building Department L ZBA I��J�L tt - 'I o 1 RHB: jas Now,do v w� �r D (,t�`Tid1� �.�?�2.(ivtLG�i►'ti'vi1' 1 D 0 f �S�F�OLr��o SEP 2 7 IA SOUTHOLD TOWN � PLANNING BOARD JAMES A.SCHONDEBARE 'fib- '`►� `Mown Hall, 53095 Main Road TOWN ATTORNEY C P.O. BOX 1 179 ROBERT H.BERNTSSON �®.� $ Southold, New York 11971 TELEPHONE ASSISTANT TOWN ATTORNEY (516) 765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD TO: Supervisor Murphy FROM: Robert H. Berntsson, Assistant Town Attorney DATE: Sept. 26, 1988 REF: Rienecker and Friemann You have inquired as to the required setback for the _ expansion of a building which preexists zoning and does not meet the required minimum setbacks of the Bulk and Parking Schedule. Since the existing building did not meet the minimum requirements, the same is a nonconforming structure. Any enlargement or expansion at less than the minimum requirements would be an expansion of a nonconformity. Such expansion requires approval by the Zoning Board of Appeals. 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A;.'��-...i -.^-4":i•'t�_S-:JS�'. vi A.T:i• 'a-'-'=f:`:�'Si'•°,.i1:. a..._�,.,s,�i7,7�".j�.' �--<,=��`-t'^'`n-'- =-.��>.7».A.�2�ic�•". -.r�]s�� s.-v�-r.•,....:�'"'r.u•G+i:���n..{c9'�a/-v'��et- �.r �+�r>,4C:�2/G•'"��Z _`3.'..a:,�e,�`-...tY" f.(I n� •���. / ` June 17, 1980 Mr. P. vtwrliqc�, air 'o-6, Catn0bue, 72v York 1117�,7 Dear Mr. Fterling- Or this e-tp A WV7 Horton insrcated the nrawrt7r locpV & nt 7100 7pin Pard; cutchoguc, County lax NVION lawted on thi'',-' 'fir on .rty. 1. F-In 7onl-h 7�trtl 3tore "nd e Greenhoupo . E� �t st�c o" Pt,711TE non., v.2y of Tronorty- 6 0il awinv Aupw 7 -"VrIiyn7 old 7 -toil vtor-, rn 7qTLLV ZHIWA 40unc:; 7.7 � -r T :r77,- � .L-rn� � coin 0400 'torwn RhA, i-A 0 Mory Ono pamily DUOTIM�'5 in2c tina 1 :0 tie tenant hwuno ?n6 tv 11 etery 1welling ere unfit for human hobitation. 774v " -VjtgW " 7onnon., pbusin, W7 -3�p of Southold. Chnotko G.- .: it VAI T -71-1 7 C .01 - pArs vic �nedej for a0v storage shads and r,:QY' 7re-r har-- - . _hu rptaii stowe nnd repn housu are in good condition. MI I- cubmi tted W—Af Curtis Horton Building insnectur CH: jkd /o o - /�z - 2 - 2 y.; TOWN OF SOUTHOLD PROPERTY( RECORD CAR® OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. ScoT7-' - 0K`[0wsA'/ S -1 ,C, f'E/aL7 - iGNol 2o. 82Y S W TYPE OF BUILDING '.ES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 1/2 �% �'� 1 C' � 17ys Z �,r� hQ illoble FRONTAGE ON WATER ,/oodland FRONTAGE ON ROAD leadowlond DEPTH souse Plot BULKHEAD otal e Ur i '! �'fy, tall 1�,+ �i r� � r+ f'y yf�t;°r"� � � f� !id' {S a e NiA•F't� � pp t�� / �, ! � Ir• ■ ���■��■ -' �ti,o. , � '4 yH}G ���it`�� ��d. f c7� F �d � ,:� ✓'?,. �Y" �� 7, i A�'. �� # NEI MEN MEN 0 MEMO IN ME • __WPM "• DR. Type Roof B R-. Recreation Roo FIN. B kormer I • TOWN OF SOUTHOLD PROPERTY RECORD CARD �va� — IoZ _ z - 2L OWNER STREET VILLAGE DIST. SUB. LOT AIC, 6 Q/ v fc f10 Lie 0 e pei- FORMER OWNER N - E AC'R. S W TYPE OF BUILDING + c � ej- �r �L q- drf T1�a. - ,a �.Sco7�� RE; SEAS. VL. FARM l VMM. CB. MISC. Mkt. Value LAND IMP, TOTAL DATE REMARKS o U f� J�. 2 '2 a 6 7 .2 6f- o! 4 , 9§ d l 7 2/ So a/ % .1a7rev c s /2,a�0, 11,r"ra �"/N-e!D r C'�D 9. f;fP 'r-)322 2- Bu,L..n G,PrtN/louse L=• c �'4i o, //' -rvc�v �r ;y / �� 3�.zs/7� � cA y (E� 9r) 9 x alp �p4rN ;: .�7AGE BUILDING C NDITION EW7 Sa-� OMk-' LOW ABOVE F, 1 Acre Value Per Value Acre Tillable 1:` Tillable 2- Tillable -6- Woodland Swampland FRONTAGE ON WATER ` Brushland FRONTAGE ON ROAD House Plot�-(( ! p d o G DEPTH BULKHEAD — -- 0 DOCK Total �I��. } I. COLOR — -- --� I I �4 N m'•I 11 f )I � 13�wrwl' yea i .,+. r •1 TRIM -- - �„; �. �� +: a- T'.cww•'b`...� �IH -tm .:Y.ra r.`��a: . Bldg. Foundation �, Bath / 1 -- Dinette ension r (� �CvL'1 �b Basement Floors E K. -ension O L _ / Ext. Walls / 36 I �! �/1 , Interior Finish LCf. LR. tension Fire Place Heat DR. Type Roof Rooms 1 st Floor BR. "ch Recreation Room Rooms 2nd Floor FIN. B. ' .ch Dormer eezowrly Driveway ---- rage. / Itio S�P /��('C SNt TOOKER, ESSEKS, HEFTE ',°CUDDY & TX� jg Angel COUNSELORS AT LAW 108 EAST MAIN STREET RO BERT L.TOOK ER P. 0.BOX 279 RIVERHEAD, N. Y. 11901 TELEPHONE WILLIAM W. ESSEKS (516)727-3277 MARCIA Z.HEFTER CHARLES R.CUDDY At.rrR NT 15.'4b Prim (] STEPHEN R.ANGEL -June 16, 1980 Town of Southold Building Department Town Clerk's Office Southold, N. Y. 11971 Re. : William B. Sterling. w/s/o Main Road, Cutchogue, N. Y. Gentlemen: Enclosed herein please find application form and our check for $ 5 .00 to cover the cost for a certificate of pre- existing use of the property owned by William B. Sterling and all the other sheds, cabin, greenhouses, etc. that are situate on the premises. Thank you for your , speedy cooperation in filling this request. Thank you. Very truly yours , W� William W. Esseks WWE F ENCL. FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Clerks Office . Southold, N. Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted in DUPLICATE to the Building Inspector with the following; for new buildings or new use: 11 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installations, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent in- formation required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 Date ........June...16...... 2H......... New Building ................ Addition ................ Old or Pre-existing BuildingXX........ Vacant Land .............. Location Of Property .....n/w/s of Main Road, gue?Cutcho New York Owner Or Owners Of Property .....William B Sterling Subdivision n/a ............................................. No. ............ Block No. ............ House No............. Permit No. .................... Date Of Permit ....................Applicant .................................................................. Health Dept. Approval ............................................Labor Dept. Approval ................................................ Underwriters Approval ..............................................Planning Board Approval ......:.. ............................ Pre-Existing Use Request For Temporary Certificate ........... Final Certificate —xxx ............................. .......................................... Fee Submitted $ .5,.•00 ............................ Construction on above described building and permit 1meets all applicable codes and regulations. Applicant i.. Sworn to before me this a torney for William B. ._ Sterling 16 th day June (stamp or seal) yi1 Notary Public ...... . l- +z �d�tlotsryA "'^ Y J Qualified In Sut=�►Co w Commission=48�h 81 EL. 765-1802 TOWN OF SOUTHOLD a-� .:,, '• �r:�ri;:?�: �G OFFICE OF BUILDING INSPECTOR TOWN HALL �'y'•�' %' SOUTHOLD, N. Y. 11971 June 1-, 1.r= 0 Mr. William B. Sterling Main Road, Cutchogue, New York 11935 Dear Mr. Sterling: On this date I Curtis Horton inspected the property located at 31095 Main Road, Cutchogue, County Tax No. 102- 2-24. I found the following buildings located on this property. 1. Main Road-A. Retail Store and a Greenhouse. 2. Left side of Sterling Lane, rear of property- 6 Green Houses. 3. Right side of Sterling Lane there are the following buildings. A-2 Green Houses B-Sterlings old Retail Store C-Shed next to Store D-Barn E-1 Family Tenant House F-2 Car Garage G-Large Repair Shed H-Smaller Storage Shed I-A 12 Story One Family Dwelling At this time both the tenant house and the 12 story dwelling are unfit for human habitation. "Non Habitable" Reason: Housing Code Town of Southold. Chapter 52 -Art VIII 52-80-A,.B,C. Various repairs are needed for the storage sheds and rear green houses. The retail store and green house are in good condition. Respectfully Submitted Curtis Horton Building Inspector CH: jkd TEL. 765-1802 ® "" L®• TOWN OF SOUTHOJLD G OFFICE OF BUILDING INSPECTOR o T � TOWN HALL SOUTHOLD, N. Y. 11971 June 17, 19,190 Mr. William B. Sterling Main Road, Cutchogue, New York 11935 Dear Mr. Sterling: On this date I Curtis Horton inspected the property located at 31095 Main Road, Cutchogue, County Tax No. 102- 2-24. I found the following buildings located on this property. 1. Main Road-A Retail Store and a Greenhouse. 2. Left side of Sterling Lane, rear of property- 6 Green Houses. 3. Right side of Sterling Lane there are the following buildings. A-2 Green Houses B-Sterlings old Retail Store C-Shed next to Store D-Barn E-1 Family Tenant House F-2 Car Garage G-Large Repair Shed H-Smaller Storage Shed I-A 12 Story One Family Dwelling At -this time both the tenant house and the 12 story dwelling are unfit for human habitation. "Non Habitable" Reason: Housing Code Town of Southold. Chapter 52 -Art VIII 52-80-A,.B,C. Various repairs are needed for the storage sheds and rear green houses. The retail store and green house are in good condition. Respectfully Submitted �ittit/u�r , Curtis Horton Building Inspector CH: jkd FORM NO.4 TOWN OF SOUTHOLD = BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy . No. . . Z. 9979. . . . . . . . . . . .June ..?. . . . . . . . . . . . . . . 19 80 Date THIS CERTIFIES that the buildings. . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31095 Main Road, Location of Property Cutchogue" " ' Hamlet H - ouse No. Street . County Tax Map No. 1000 Section . ..d?. . . • . . .Block . . . 2 . . : . . . .Lot . . . .? . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . .Lot No. . . . . . . . . . . . . . requirements for Dwellings & Buildings built prior to .. conforms substantially to tlae• satio —fog-$il�i F�rcit eret�€arele�-�n'tars.'"°fiec�afie�--,:,,:::-.;;.. Certificate of Occupancy 9979 • • • • • • • •April ?3 r• • • , 19 .5?pursuant to �uYuch-Buiklit P.e,�mi#.I�l� . . . . . `. .Z. . . . . . . . . . . . . dated . . .JVr .17 r. . . . . . . . . . . . . . ... 19 8Q ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . .. p. y . ... Two (2) Pre-Existing Non Habitable Dwellings and Miscellanous Pre Existing Agricultural-Nursery Business Buildings. Since April 239 1957,° a Certificate of Occupancy Z2377 was issued for an addition to the Nursery Retail Store, Certificate of Occupancy Z7310. for a 10' X. 8' Greenhouse, Certificate of Occupancy Z9978 for a Shade Structure Addition and Certificate of Compliance for a Building Permit 9745Z. for a fence. The Part of this Premises South West of Sterling Lane . (Approximate 132 X 1320 feet) is in the B-1 Zoned District. The , rest is in the A Residential and Agricultural Zoned District. The certificate is issued to . . . . . . . .William B. Sterling of the aforesaid building. r. Suffolk County Department of Health Approval . . . .VA . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . .N A . . . . . . . . . . . . . . .-. . . . . . . . . . . . . . . . . . . �� . . 41 Building Inspector �,• �r w� to �E%p. � Town Hall, 53095 Main Road , P.O. Box 1179 Southold, New York 11971 , TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 1988 Sandy Friemann Main Road Cutchogue, NY 11935 RE: Rienecker & Friemann SCTM *1000-102-2-24 Dear Mr. Friemann: The following actions were taken by the Southold Town Planning Board on Monday, September 12, 1988. RESOLVED that the Southold Town Planning Board send this site plan to the Building Department for certification subject to receiving a Special Exception from the Zoning Board of Appeals. RESOLVED that the Southold Town Planning Board do an Uncoordinated review under the State Environmental Quality Review Act, and make a determination that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI ,JR. CHAIRMAN cc: Building Department enc. jt ell Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 09/17/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for the Unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The site plan for Henry Rienecker & Sanford Friemann located on the Main Road at Cutchogue. SCTM 41000-102-2-24. The project has been determined not to have a significant effect on the environment for - the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should. the project be implemented as planned. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Town Board Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board ZY Pur�"" Lin Town Hall 53095 Main Road s �s�v P.O. Box 1179 Southold,New York 11971 3 ° TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 1988 �... Sanford H. Friemann Main Road Cutchogue, New York 11935 RE: Expansion of existing site formerly known as Pinewood Nurseries SCTM# 1000-102-2-24 Dear Mr. Friemann: The Planning Board reviewed the revised map ,received on August 24, 1988. The following observations indicate items that should be addressed: 1. While site plan indicates proposed first floor elevations, it does not show existing grade of the land itself. 2. There should be at least 35 feet of back-up space to the north of the overhead door so that large vehicles can manuever easily in and out of the building. 3 . The handicapped ramp cannot have a grade exceeding one foot in height every twelve feet in length. Proposed location of ramp appears to exceed this requirement. 4 . Gravelled areas marked on plan should be landscaped. Two street trees are required in the new front yard planting area next to Main Road. Please see the enclosed marked map for clarification of the above commeents. If you have any questions with the above, please contact our office. Very truly yours; BENNETT ORLOWSKI, JR. ,�`� � CHAIRMAN v f' SIDNEY B. BOWNE & R 9 R 0 W R Sidney B.Bowne,P.E.,L.S. D Roland Anders (1922-1959) Frank Capobianco Roger L.Cocchi Chester C Kelsey, P.E.,L.S. 45 Manor Road AUG °� 6 Francis J.Lynch Alexandre W.Mercil, P.E. N.Y.Robert A.Stanton,P.E. Smithtown, N 11787 Philip Schlotzhauer Robert W. Brown,L.S. Joseph F.Stegman Zabdiel A.Blackman,P.E., L.S. (516) 724-0611 Paul F.Stevens SOUTHOLD TOWN William T.Styne George A.Style, P.E. PLANNING BOARD Richard B.Weber Jerry D.Almont, P.E. George L. Fagan,Jr., Ph.D., P.E. August 25, 1988 Thomas R.Pynchon,L.S. !4r,. Bennett Orlowski, Jr Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, N.Y. 11971 Re: Addendum to letter date August 17, 1988 Site Plan for Rienecker & Friemann Cutchogue, N.Y. S.C.T.M. 1000-102-02-24. Dear Sir: Further field investigation by members of our. staff and a meeting with the projects owner have revealed the existence of a drainage basin north of the site on Sterling Lane. This basin collects runoff from said roadway as well as the immediate surrounding area. We previously proposed that the projects - owner construct a minor Swale to channel runoff from his new parking area into the new drainage basin. A small berm should also be constructed along- Sterling Lane to prevent runoff ✓' from entering the proposed parking area. Contact our office if you have any questions regarding this matter. Very truly yours, S IDNEY B. BOWNE & SUN CONSULTING ENGINEERS J '11N W. KOHN JWK.rp c.c.Ray Jacobs Ray Dean SBB No. 87331 MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H s Foarc s �y` C Southold Town Board of Ap ea MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD - MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. VFAUWG INTERDEP'ARTMENT MEMORANDUMJOSEPH H. SAWICKI AQ TO: Office of the Planning Board I� SONN—OLDT0NING V FROM: Office of the Board of Appeals'( DATE: August 24, 1988 SUBJECT: Henry Rienecker" & Sanford Friemann CTM 102-02-24 Returned herewith is above subject file. Thank you ,for letting us review it. tr Enclosure J EBB ,sA u Sout�h®�d T® � fiord of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I. N.Y. 11971 , 901 i+ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. c JOSEPH H. SAWICKI INTERDEPARTMENTAL MEMORANDUM TO: James A. Schondebare, Town Attorney FROM: Jerry Goehringer, Z.B.A. Chairman DATE: August 18, 1988 4 .SUBJECT: Pending Site-Plan Application Sanford H. Frieman d/b/a H & S Associates Auto Parts Store, N/s Main Road, Cutchogue � B-1 Zone District The attached inquiry was recently received by our office. It is our understanding that the Planning Board has a site-plan application pending for a substantial addition to the auto parts store, and the uses of the addition are varied. We feel that although the auto parts store was permitted for retail use, without the necessity of a special exception, that the creation of the engine repair shop constitutes a second principal use (rather than, an accessory use in part of the principal building) . Such use does appear to fall within the category of Section 100-70B( 4) or ( 6) , both of which require Special Exception approval by the Board of Appeals. Before confirming the above with Mr. Friemann, we ask your Position concerning same. MP Augustl0 , 1988 Southold :Town To Whom it Nlay ;Colnicer4 A proposed site�plin is presently before the Town Planning Board , awaiting .appr'ova,'1 for a proposed addition to Cutchogue Auto Parts . The in'tie-h"ded use for this addition which is 48 'x100 ' is as follows : approximately 1/3 or 48 'x32.' for added storage for the ,auto parts store , and 48 'x68 ' or 2/3 'for an engine repair shop , where all work will be done on the inside of the building . Presently starter', generators and alternators are being repaired on this site , which is located on the corner of Sterling Lane and RTE 25 in the hamlet of Cutchogue , and is zoned B-1 . The intended use of this new additon will be within the permitted use of B-1 property zoning . The Suffolk County tax map # is 1000-102-24 . We would appreciate your checking this situation for us and give us a letter stating that the above is in fact within the allowable course of business within the B-1 zoning laws , so that we can proceed with our proposed addition without further delay . .ff Xficerely You s , Sanford H . Friemann H & S Associates Box 915 Cutchogue , NY 11935 734-6911-6912 c VICTOR LESSARD EXECUTIVE ADMINISTRATOR Town Hall, 53095 Main Road (516)765-1802 �O ��' P.O. Box 1179 Ql `a Southold,New York 11971 OFFICE OF BUILDING INSPECTOR R TOWN OF SOUTHOLD C5 AUG " 2 W8 WN TO: Bennett Orlowski, Planning. Board Chairman OR® FROM: Victor Lessard, Executive Administrator rye, SUBJECT: Rienecker/Frieman 102-02-24 DATE: August 1, 1988 Revised site plan now indicates machine shop instead of all storage, and must be considered a shopping center( 100-62) . This requires Special Exception from the Zoning Board of Appeals. If the new structure does not encroach any more than the present structure, variances would not be required for bulk & parking. A S.E.Q.R.A. determination would have to be made. A Right-of-Way and the drainage needs to be addressed, at least to the north end of the parking area. Possibly a drain could be designed. in the new rear parking area to satisfy any water problems from the Right-of-Way. A revised site plan is required.VL/lmr SIDNEY B. BOWNE & ON Sidney B.Bowne,P.E.,L.S. l�Qa� D Roland Anders (1922 1959) Frank Capobianco Roger L.Cocchi Chester C Kelsey, P.E.,L.S. 45 Manor Road Francis J.Lynch Alexandre W.Mercil, P.E. Robert A.Stanton,P.E. Smithtown, N.Y. 11787 ` 8 Philip Joseph F.S F.Stt groan zhauer Robert W. Brown,L.S. \ ns Zabdiel A.Blackman,P.E., L.S. (51 6/ 724-OG1 1 Paul F.Stevens William T.Styne George A.Style, P.E. PLANNING BOARD TWN Richard B.Weber Jerry D.Almont, P.E. George L. Fagan,Jr., Ph.D., P.E. Thomas R. Pynchon,L.S. August 17, 1988 Mr. Bennett Orlowski , Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Site Plan for Rienecker & Friemann Cutchogue, N.Y. S.C.T.M. 1000-102-02-24 Dear Sir: We have reviewed the drainage design on the above referenced site plan. Our comments and recommendations are as follows: 1. Connect the 2 drainage pools in the existing parking area. 2. The parking area in front of the proposed machine shop should have a minor swal a to direct runoff to the drainage pool at the north end of the site adjoining Sterling Lane. More grades should be provided. Contact our office if you have any questions regarding this matter. Very truly yours, SIDNEY B . BOWNE & SON CONSULTING ENGINEERS HN W. KOHN JWK:rp c.c.Ray Jacobs Ray Dean SBB # 87331 MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H S16 EY E. E®VUNE & SON�j_ Sidney B.Bowne,P.E.,L.S. ���� D 151 L'� 0 iv L! Roland Anders (1922 1959) Frank Capobianco Chester C Kelsey, P.E.,L.S. Roger L.Cocchi Alexandre W.Mercil, P.E. a415a Manor N.Y. Francis J.Lynch Robert A.Stanton,P.E. Smithtown, N.1. 1 1 787 AUG 4 8 j9MM Philip F.Stzhauer egman Robert W. Brown,L.S. Joseph F. evens n Zabdiel A.Blackman,P.E., L.S. (516) 724-0611 Paul F.Stevens William T.Styne George A.Style, P.E. PLANNINGOLO D Richard B.Weber Jerry D.Almont, P.E. George L. Fagan,Jr., Ph.D., P.E. Thomas R.Pynchon,L.S. August 17, 1988 Mr. Bennett Orlowski , Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York--- 11971 Re: Site Plan for Rienecker & Friemann Cutchogue, N.Y. S.C.T.M. 1000-102-02-24 Dear Sir: We have reviewed the drainage design on the above referenced site plan. Our comments and recommendations are as follows : 1. Connect the 2 drainage pools in the existing parking area. 2. The parking area in front of the proposed machine shop should have a minor swal a to di rect " runoff to the drainage pool at __ the a adjoining Sterling Lane. Oore grades should be provided. Contact our office if you have any questions regarding this matter. Very truly yours, c• SIDNEY B . BOWRE & SON CONSULTING ENGINEERS HN W. KOHN JWK:rp c.c.Ray Jacobs Ray Dean SBB # 87331 ' MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H GU�Fb TO SOU:. D S J iflo 0, Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney Bowne & Sol, 45 Manor Road Smithtown, NY 1i787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, (Cite p al n) N-�K�2� I�i NI�cITC2 a- Sand�a a, Firi e r+�a Y�r�, Hamlet MATERIAL SUBMITTED: File Suffolk County Tax Map No. jppC)._ Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other Comments: ' Ver truly y�urssj, / B iNETT ORLOWSKI, JR. ,CHAIIAN SOUTHOLD TOWN PLANNING B6ZRD Town Hall 53095 Main Roadk« ' P.O. Box 1179 �,; - Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD M EM G R A N D U M TO: Victor Lessard FROM: Planning Board RE: Rienecker/Friemann, SCTM* 1000-102-2-24 DATE: July 29, 1988 Enclosed please find a copy of the proposed plan for the above mentioned site plan. We have been notified by the applicant that he has received verbal notification from Jerry Goehringer of the ZBA that an automotive engine machine shop falls within the B-1 zoning requirements. This was in response to the Board' s request that the applicant apply for a Special Exception to expand the use. See the attached note from you regarding this. Before the Planning Board proceeds with its review, they would like to receive a written interpretation of what steps the applicant must take. enc. Map ,f A , r, 734-6911 _ PINEWOOD 250 734-6912 Main Road Cutchogue, New York 11935 lLAI+INING 8011 5v ,ate �,Co A SD �iyc♦'7�.� —7—C> 00P Gie-rs,v mc- Co��,e s,�� .�,•, -��,�vc�, y .}.vim �oQ1Le�SPo4-144 .vc/z' ♦J1/ A"G�� '7v �'�7- v.51L . C o dery oe;.v 6,!5;e /::�910 44 1 G'�✓/2��sr.+v�s' .f- OD.t.2q�"io.`,ll',. u2 1 o--! - lI y � I -._; ------- ,-� M Wiz,,-ti PI'NGB`O TO rO S O U D S LTO �OIi� Southold, N.Y. 11971 (516) 765-1938 March 9, 1988 Sanford H. Friemann Main Road Cutchogue, New York 11935 RE: Expansion of existing site formerly known as Pinewood Nurseries. SCTM # 1000-102-2-24 Dear Mr. Friemann: The above referenced site plan (amended and signed by Laurence M. Tuthill on 12/17/87 ) was reviewed by ,the Planning Board. The following changes to the plan are requested: 1. Show on-site drainage for all parking areas, existing and proposed; 2. show parking and drainage calculations as per Town standards; 3 . show proposed landscaping including street trees, type of lighting (height of fixture, space type) , well head, electric service, location of sanitary system. 4. show property boundaries (metes and bonds) and zoning line. 5 . state proposed use(s) of existing and proposed building area (include breakdown by number of businesses, type of business, square footage per business) . 6 . topographic information; existing and proposed grades and building elevation. 7 . elevation drawings of proposed structure. Upon receipt of, six copies of a revised, complete site . plan, the Planning Building will proceed with its review. The enclosed check list may be useful in drawing up the site plan. Very truly yours, &,MAZ& e,iowk 'A BENNETT ORLOWSKI ,JRJ CHAIRM� SOUTHOLD TOWN PLANNING BOARD jt TO 43 �~ 1 Sul Southold, N.Y. 11971 (516) 765-1938 July 18, 1988 Sanford H. Friemann Main Road Cutchogue, NY 11935 RE: Rienecker/Friemann Proposed site plan amendment SCTM #1000-102-2-24 Dear Mr. Friemann: . The Planning Board reviewed the above mentioned file as per your request at their last work session. The Plan as submitted is inadequate and needs to be improved before the Board can continue with their review. Under . . .previous cover, on March 9, 1988, you were sent a list of necessary revisions along with a site plan checklist. Enclosed please ,find a copy of a similar site plan which -illustrates the information the Board is looking for on a site plan. In addition, the Board would like a detailed grading and 4 drainage plan for the site. In answer to your question about the parking area, the Board is in agreement with using blacktop covered with bluestone. If you have any questions, please do not hesitate to contact this office. Very ly yours, BENNETT ORLOWSKI,JR. , CHAIRMAN Y Southold, N.Y. 11971 (516) 765-1938 February 25, 1988 Mr. Sanford Friemann Main Road Cutchogue, NY 11935 RE: Proposed expansion of Rienecker & Friemann Site Plan SCTM # 1000-102-2-24 Dear Mr. Friemann: The Town Attorney's office has just notified this office that more information is needed regarding the two (or three). rights of way on your property. Specifically, they have requested the following: 1. all property deeds relating to the rights of way, 2. any surveys depicting the rights of way, 3. any metes and bounds descriptions of said rights of way. Your property deed refers to a survey of the rights of way prepared by Van Tuyl & son on July 6, 1971. A copy of same should be submitted also. Please send the above noted information. to my office, so that I may respond to the Town Attorney's office. Sincerely, Valer�Sop Town Planner Enc: ce: Planning Board it ILI� JAMES A.SCHONDEBARE Town Hall, 53095 Main Road TOWN ATTORNEY P.O. Box 1179 Southold, New York 11971 ROBERT H.BERNTSSON TELEPHONE ASSISTANT TOWN ATTORNEY (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMO To: Valerie Scopaz, Town Planner From:- Robert H. Berntsson, Assistant Town Attorney Date: February 24, 1988 Subject:Henry Rienecker & Sanford Friemann Sit Plan You requested an opinion -with regard to the above mentioned site plan. Specifically, the question was whether the Planning Board could grant site plan approval of the proposed expansion of the existing site where access :is over two rights of way. In order to give an opinion, it is necessary to have additional information regarding the rights of way. Please supply any and all deeds relating to these rights of way. Also include any surveys depicting the rights of way and any metes and bounds descriptions. If you have any questions, please contact me. To: �] ��-4'.honDelx;��'f�w� I{+torn-ei o - R�m-: lobefl t' N , tIluiv /torn rRo rv� DATE: SUBJECT: dency Klieneck4r d- SgQ4rd Fr i Pmr4aw SI e iu COMMENTS: F-r)S'tose p IQgsse i N d I___r' c�PScr 1VG � ROW G4y)oP n1,�✓►-E-jaru PA, gi�'e 2pIAvv CZ per Cxk/ Sc,ft 0 cl c y a9 » ao:;?.e T-=T 'is 1 OCC4 me-7)rA-\, Sic C /Wck V,3 -Sk L � ���U 2 +o -r\-2 yie o-c iIU^i qz - . - J Signature ;tv" _ � 1 I - TO:. ��rVYtr no���P�X;rPmar u.�U ftfo(A-ej QN F49)4 .� T 24,t=Ru rv� '��' \v)G�IP 4nnP2, DATE: SUBJECT: --- n��/ PIvnPC ff d- Sa►14rr( Friemcmw Sire ?1q u COMMENTS: F.JQ t oSP ►2 I pgSP i A) 4 co ee Roue 4,c ct ,lP_ ,'YI P✓i-�-jert;PA, si-P j;&iN as pee 'oot' meelina 1-16 1. E(iAcxy Me rv� to e r -Z Signature_— 734-6911 PINEWOOD 734-6912 / Main Road Cutchogue, New York 11935 EZFC -D �/�] Dec . 14 , 1987 Valerifi Scopaz Southold Town Planner After reviewing the amendments which you relayed to me from the board , I feel there are two areas which I would a`sk you to reconsider . 1 . Although there is much merit in the establishment of one arekfor ingress and egress , I feel that in this situation, because of the narrowness of the State Highway and the many accidents that occur at the entrance to King Kullen Shopping Plaza , we by adding a concentrated inlet/outlet , would compound an existing problem. However we would be willing to establish separate ingress/ egress openings to smoothly,/and efficiently allow the flow of traffic off and onto State Highway Rte . 25 . 2 . The pre-exissting parking areas are constructed with bluestone blend and therefore provide adequate per- culation of surface water . We feel . that astheticly the spot addition of blacktop parking areas and drive- way to proposed building addition will not only detract , from surrounding area but will create an unecessary surface water problem and add an unecessary expense . With construction of dry wells for roof run-off water , drainage and run-off will be -contained . 3 . The right of way is privately owned . Should you have any further questions pretaining totthis site feel free to get in touch with me . I would make myself availabe to you at any time . Respectful Submitted , MIA l—YE0 '•ram Li C � �.I 1 - y� •`i it �..( ,r ,� v� 4 r— f " 'ter^`} 'ri � r __-_. { CU TC L40G LJe eA h Io W � te- S fa rg r• ` r T — 0KAUTHORRED ALTERATION OR ADDITION - i3Z.r✓1 E I TO THIS SURVEY IS A VIOLATION OF i ��• SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. ••t/!� ,� S. 020 •I'�'VY �65�.� `/ COPIES OF THIS SURVEY MAP NOT SEARING _ THE LAND SU".VEYOR'S IN:s"D SEAL OR •' J a�TF ,►- EMBOSSED SEAL SHALL NOT U CGNSIDERED _ �G.•�C� %%'• TO SE A VALID TRUE CJPY. _ - �-- - -GUARANTEES INDICATED HERSON SHALL R*`tY ONLY TO THE 'E:SON FOR VliiCM THE SURVEY,:- . 5 PREPARED,AND ON HIS&"HALF TO}kE-`•-.-;' TITLE COMPANY.GOVE"AL,KI ArJEik=A.L SENDING IESFiTUTION L15121)H SWH.ANC..' - - TO THE ASSIGNM OF THE U NWW IEiSTE- _- ... T:ON.GUARANTEUS ARE NOT TSANWI A 1i ALDDRIONAL 46II1UTIONS OE:;WSEQ4&a - -, Scale tC4'�: 14 ' . ;' -••.�. - .. '_ _ .. Area= !9.596 Aare s . , '�'• - - - - /`' �` . �' r- : - __' : .-- ' - _ Q rtonutrrert'f_ %� , 1 U.S. Lr�e T,i�� 1tt5U�rtce Cor1T�olnc� Yru;l TUYL.. TJ Tax Mcaip L�Si�rai:cN: 0A \ LccertSE� Lard �ur✓p4•cr� :. ;-DC `� cam,-eer:co� _ !-mew Ycrk / 14-16-4(9184) • II PROJECT I.D.NUMBER .�. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS Quality State Environmental Y Review , SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Project Informatlon (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor _ 2. Project Name ,POC/ 3. Project location: N S //?IC ;Ls" 1Z)V;- e^) _ Municipality tlLLE� ,OW146 G� County 4. Is proposed action: ( El New X Expansion ❑ Modification/alteration 5. Describe project briefly: .090&1100 g4D -7-io,�1 i r yG/Srinr rrfv>Fc.rj .5/` 0c-f77mg) . 6. Precise location(road intersections,prominent landmarks,etc.or provide map) vff IF G•t>TGl7L�9W F �(/'�-t� F'�%� �^(�sue/-�Gfa it/� �C� '�//Ly�a I�"l✓GG�_',/� .��or��//•/6 r 7. Amount of land affected: Initially 5. �G�F acres Ultimately acres a. Will reposed action comply with existing zoning or other existing land use restrictions? Yes -❑ No If No,describe briefly 9. 1Vhat is present land use in vicinity of project? ❑ Residential ❑ Industrial Commercial ❑ Agriculture ❑ Parkland open space ❑ Other Describe: 10. Does action involve a permitlapproval,or funding, now or ultimately, from any other governmental agency(Federal,state or local)? XYes El No If yes,list agency(s)and permitlapprovals /Ss 4�y�t..� v� ,�v/Gbi�-fC'a �e/'�i l�a.tt S"p���fk�c� 7v�•'�`l �u/Ct�ii/6 �../�T 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes _P�-No If yes, list agency name and permir/approval type 12. As result of proposed action will existing permit/approval require modification? ❑ Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE pp `� Applicant/sponsor name: ss�G/ %� /�D�Orf Gv�� ,r Date: Ap// t77 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 'OVER CONSULT YOUR LAWYER 1iflll"m SIGNING TI113 INSTRUMENT•TIIIS INSTRUMENT 311OULD 11 USED SY LAWYIRS ONLY 9. THIS INDENTURE,made the 17 th day of June ,nineteen hundred andeighty ' BETWEEN WILLIAM B. STERLING, residing at (no #) Harbor Lane, ` Cutchogue, New York CS party of the first part,and Sanford H. Friemann, residing at (no #) Pinewood Roa( j Cutchogue, New York and Henry F. Rienecker, -residing at (no #) East- wood Road, Cutchogue, New York, as tenants in common, each as to an undivided 1/2 interest. 35048 s. _.. ................. REAL ESTATE ' A0k party of the second part, JUN 2 0 1%0 WITNESSETH,that the party of the first part,in consideration of f �.R TAX cr -TEN- TRANS ------ -------------------------- SUFPO�LK CDl Wiry dollars, i lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or `l successors and assigns of the party of the second part forever, lu�' ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingXX at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point in the northwesterly side of Main Road and the - southwesterly corner of land of S & E Realty Company; RUNNING THENCE South 510 28 ' 10" West along the northwesterly side c Main Road 132 .0 feet; THENCE along land of Scott (1) North 43° 17 ' 50" West 1,320.0 feet; (2) North 510 28 ' 10" East 132 .0 feet; LOT (2) North 430 171" 50" West 556 .0 feet to land of Paul Orlowski; THENCE North. 470 11' 10" East along land of Paul Orlowski 544.42 feet; THENCE South 43° 38 ' 30" East along land of Imbriano 1,240.19 feet to land of New York Telephone Company; THENCE along land of New York Telephone,-.Co: and land of S _ '& E Realty Company .South 47' 06 ' 20" West 551.90 feet; thence along land of S & E Realty Company South 430 17 ' 50" East � = 635 .08 feet to the northwesterly side of Main Road, the point" or•. O place of BEGINNING. TOGETHER with A right of way 11 feet ,in width over land of G. T. Billard Estate :and partly along other land of Sterling along- the northeasterly line of the premises extending from the Main Road northwesterly ..770.08 feet; SUBJECT TO a right of way 11 feet in width adjoining said land of G. T. Billard Estlate along the northeasterly line of said premises and extending from' the Main Road northwesterly ad istance of 635 .08 feet and continuing along other land of ..Sterling 135 .0 feet; and cor tinuing northwesterly at a width of 22 feet a distanc..e of 549.92 fec and continuing further northwesterly at a width of 11 feet a distant of 556 .0 feet. ' SUBJECT TO- r.ights of way of others in 22 foot right of way . as shown on survey of- Van Tuyl & Son . dated July .6 , 197.1.. .' iARS STATE OF NEW YORK, COON F 5uffal•k SS: STATE-OF* YORK, COUNTY OF Suffolk SSr On tlrc 17 th day of June 198 0 , before me On the 17 t11 day of June 198 0 , before me personally came William B. Sterling personally game an or H. Friemann and r ,.. - • . -Henry F.-•Rienecke'r• t - to me known to be' the individual described in and who to me known to be the individuals described in and who executed the foregoing.instrument, and acknowledged that executed,the foregoing instrument, and acknowledged that he executed the same •:• they executed the sa Notary Pubilfe Notary Public `7-AUNIEC M. i4OT•ARY P(BLIC,.State- New YofYc DANIEL M. SCHAEPY91t �.- No. Y2-4�14al1 NOTARY PUBLIC, State of New Yofk (`l ialified in Suffolk County C%-,e No. S2-4.514511 leerm Expires March 30P r Qualified in Suffolk County 1/ Term Expires March 30, 19... STATE OF NEW YORK. COUNTY OF SS: STATE OF NEW YORK, COUNTY OF SS: 'On the day of 19 , before me On the day of 19 , before irie personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument,..with say that he resides at No. whom I am personally acquainted, who, being by,me duly sworn, did depose and say that be resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; i to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. j i Nargttin and ftir Dub WITH COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. BLOCK LOT WILLIAM B. STERLING COUNTY OR TOWN TO SANFOU F. FRIEMANN and Recorded at Request of HENRY H. RIENECKER UNDERWRITERS Return by Mail to STANDARD FORM OF NEW YORK BOARD OF TITLE Recorded By: Richard Cron, Esq. L�--.IFE TITLE INSURANCE Main Road I Company of New York 127 W.main street Cutchogue, N. Y. 11935 Riverhead, N.Y.11901 ec- IIReturn to: I' Zip No. U ^r _ O I N •1 1 - . 1 U w Cie .. Ln of W O1U CL � O H ..-. W 7 ' OC — W LU - Ce .. 6UNSULT YOUR LAWYER 01009 1I614INO 7111E INSTRUMINT•Till$IN1STRUMINT 511DULD 11 U9I1)BY LAWYIR%ONLY UfpI�R�MNGE417 THIS INDENTURE,made the -•1 th day of June ,nineteen huir:red andeighty i BETWEEN WILLIAM B. STERLING, residing at (no #) Harbor Lane, w Cutchogue, New York rl 7 party of the first part,and Sanford H. Friemann; residing at (no #) Pinewood Road, u} Cutchogue, New York and Henry F. Rienecker, -residing at (no fl East- wood Road, Cutchogue, New York, as tenants in common, each as to an undivided 1/2 interest. 048 REAL E'STWTE �dv A0k party of the second part, JUN 2 0 1980 i WITNESSETH,that the party of the first part,in consideration of TiRA'NSFR 1'r ------ TEN--------------------------- SUFPO,LK Ns COUNTY dollars, �j lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, V t_. _ lying and beingxx at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: to to BEGINNING at a point in the northwesterly side of Main Road and the southwesterly corner of land of S & E Realty Company; �_ __��' '•'' ( RUNNING THENCE South 510 28 ' 10" West alongthe northwesterly side of Main Road 132 .0 feet; y THENCE along land of Scott (1) North 43° 17 ' 50" West 1,320.0 feet; I- - (2) North 51' 28 ' 10" East 132 .0 feet; f_ _1- ' (3) North 43° 17'` 50" West 556 .0 feet to land of Paul Orlowski; THENCE North. 470 11' 10" East along land of Paul Orlowski 544.42 feet; THENCE South 43° 38 ' 30" East along land of Imbriano 1,240.19 feet to land of New York Telephone Company; ' THENCE along land of New York Telephone Co. and land of S%. & E Realty Company ,South 47° 06 ' 20" West 551.90 feet; C,, thence along land of S & E Realty Company South 430 17 ' 50" East 635.08 feet to the northwesterly side of Main Road, the point or CD place of BEGINNING. TOGETHER with a right of way 11 feet in width over land of G. T. Billard Estate and partly along other land of Sterling along the northeasterly line of the premises extending from the Main Road northwesterly 770.08 feet; SUBJECT TO a right of way 11 feet in width adjoining -said -land of G. T. Billard Estate along the northeasterly line of said premises and extending from the Main Road northwesterly ad istance of 635 .08 feet and continuing along other land of Sterling 135.0 feet; and con- ! tinuing .northwesterly at a width of 22 feet a distance of 549.92 feet and continuing further northwesterly .at a width of 11 feet a distance of 556 .0 feet. .... . SUBJECT TO rights of way of others- in"22 foot right•'`of way' as shown on survey of Van Tuyl & Son dated July 6 , 1971. ,E Vie, ! 9!} !lill{R`J840rSIiEVO - STATE OF NEW YORK, COU OF Suffolk SSi STATE c EW YORK, COUNTY OF Suffolk SSt On tltc 17 thday of June 1980 , before me On tltc 17 th day of ,Tune 1980 , before me personally came W i 11 iam B. Sterling igrsotolly came an or H. Friemann and - . . j Henry F. •Rienecket-, - t - . _ to me known to be the individual described in and who' 'to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed,the same: .:� • they executed the sa ,r , Notary Pub Notary Public �,.'.� ����: i ' •.•�. ,al � ..r.i •�„• .:, . .- . ,; � r ''�.?�ANIKI:;tiI:SAEFKER.,:� ;, 1j107`ARY P.'irlBLIC,State NewYo& VAMMIL M. SCHAEVY91t �.. No. .2-4,5'14tTi 1 NOTARY PUBLIC,State of New Yofk Ouolified in Suffoflt County (�S,/ No. 52-4514511 leerm Expires March 30., F Qualified in Su$olk County 1/ Term Expires March 30, 19. STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK. COUNTY OF SS: On the day of 19 , before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed It name as witness thereto. Bargain ttnb Oak Dub WITH COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. BLOCK WILLIAM B. STERLING LOT TO COUNTY OR TOWN SANFOU F. FRIEMANN and HENRY H. RIENECKER Recorded at Request of STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Recorded By: Richard Cron, Esq. W-11FE TITLE INSURANCE Main Road Company of New York 127 W.Main Street Cutehogue, N. Y. 11935 Riverhead, N.Y.11901 Rec-2.to: Zip No. �I II LU .r' N f� w LL 3 t W Ln n Cd O ul CL N to v F LU LU w L i li H 4EN� �ItNnG�QK a ,� T ;: REQUIREMENTS FOR SITE PLAN. ELEMENTS & CERTIFICATION SECTION-BLOCK-LOT TAX MAP NUMBERS V :,`NAME & ADDRESS OF OWNER OF RECORD ' E uv ucT 7 'NAME & ADDRESS OF PERSON PREPARING MAP TOWN IJDATE, NORTH POINT AND WRITTEN & GRAPHIC SCALE :l ;:'DESCRIPTION OF PROPERTY & INFORMATION TO DEFINE BOUNDARIES „jLOCATIONS, NAMES & EXISTING WIDTHS OF ADJACENT STREETS & CURBS LOCATION & OWNERS OF ALL ADJOINING LANDS, AS SHOWN ON TAX RECORDS + — HLOCATION & PURPOSE OF ALL EXISTING AND PROPOSED EASEMENTS i ;COMPLETE OUTLINE OF EXISTING DEED RESTRICTIONS APPLYING TO PROPERTY v ;',EXISTING ZONING Nl_ v: !AREAS SUBJECT TO FLOODING OR STORM WATER OVERFLOWS : i WWATER COURSES, MARSHES, WOODED AREAS, TREES 8" IN DIAMETER OR MORE ;. 'ANY BUILDING WITHIN 100 ' OF PROPERTY I : PAVED AREAS, SIDEWALKS, VEHICULAR ACCESS TO PUBLIC STREETS jEXISTING SEWERS, CULVERTS, WATERLINES WITHIN OR ADJACENT TO PROPERTY ,I FENCING LANDSCAPINV AND SCREENING :! PROPOSED BUILDINGS OR STRUCTURAL IMPROVEMENTS i OFF STREET PARKING AND LOADING AREAS ;': OUTDOOR LIGHTING OR PUBLIC ADDRESS SYSTEMS ';I23OUTDOOR SIGNS- 9K SIDEWALKS LOCATIONS WIDTII f S . SIZE OF WATER AND SEWER LINES 7mD.. xy ' o CA-, - �11 I � 'I,- I -— I - I �. 1� � -�-�"-� ,-, -,--, 1, 1, ��I ",-.--1 , ,�1, , -- ---, ,- T I - : : . 7 7- , , , , - I � I .,e- -�. � ,� �-�.. '. ':- -, ,�.I.,, . � . 1 1. I - -" . � � I I'll., I � - I �", �. � . � . I I ��, I I I I � I � I � I I � . . I - � - I--�- - I, �-1. - , , , , , I -- I 11 � ..-1 I -`-�� � - 7�1-I,.I �-,1,� � ,�� � -. , , �I I y, I -,7,-,- ': - � -�- , - ,�--� �,, ,. I . I . � . I I ; I I I � I . � I . e I I t� , -, � I , ,�';,,,,�,�,,�,,�""","�,�,,,.,,,,,�,'-� - I - � -��-,, � 11 � 11, I - , , . , - -;� I� ''7 � . I I 1'- , , , , I . I 1, . . �I - I. � : I I I .1 - � I � I . I I I . � ., . I - � I I . � � . I I I I I �, I, . . I . . I I � . I 1 7 . � � � . �, - . I h",, i � I � 1. I . 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