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1000-113.-2-1.1
p 1 M4r / a Young & Young C�[ 400 Oahmrtln Avmaw.Mverho" New York 11901 I n OY 631-TYT-2303kP. ROV[D $CHFdIIE 611MFIIAONM RCWRMEN'R C rEST ROIL 1 ]EST NaE s rest IxILF 3 sT n a1`L4NNING BOARD wwuw Pxrnr VArm -4p Fr. .. . e=W.. gS TJWN OF 50UTHOID .SEE RAM -Is FT• rW E Wttimiw°LeT ETOT.SEE YAM -W R.• . A.04eveL..Te / 3e oL . Wwuw REM YARD -50 Fr• nmyW a.IEmry AaJ•glnb!dYylSvry�( Auuuu MMLMc LOT CONAAM -1. "S ^' J K •ExrCET As%OWN w TIE PVN �f xERFnr Clial MAT Au LOTS DIEWN M MG PLAT IXYPLY MM ME B21nLW..0.OF TIE Town Or SOUMD.D.ESEM AS •1 upMPED WRWMT ro DEEPER 21a M ME TOWN uW Mx Mnc1F '•h��"T`w�• n° y.�i r MNI aF ME CCCE CE TIE Towl OF SNTMAU. NC` "^' w " m 'THE FIELDS AT MATRTUCK SEA y1,$Y i 17 r 111 ! ne w n. / % Q:'�f}�1. �' 1� f , HOWA^D W.1PI1 N.YS S NO.15905 APR z 1 �96 I_, ! 113 7 0 #FILE IVO. � � [[[ �- 5719# Na. I q / • HEREBY E 31. . uM WAS YACE 6Y CN.9JRKK foil _ ABS.f1YV V SHCONeoxwL ED 11 ACY]t. EXIST MP MAT THEIR IRROcanxGEIf RE R.z r SIIVM TN$.ACNALLY EMIST µ0 Tlpfl P051Mn0 ARE WPRECRY FILEDBAR 312oas �°L '/"`°I`r' LOCATION MAP �II Saeen ME All gMENSm. ETC�,RE mflREm.• i I IJ21 � O I < r we oee RLED I�WMAIq M.YW N.Y.S LS N0.l%91 $`Q� i Ln Let 12 Lot 13 I� Lol 26 Lol Q Lot 49 Y�F1, L 1 Q I I M5 Is i0 6ATfY MAT MIS SItlgN51G P.x/5 BEFN AWROVEp lid 1 ! glllpttlFaN121IE9NYlN'A by n0:Pwxlna ro^Ra EF saurian. p0 _ ROSFWOOD DRIVE Pz$ gPE i SUNSET _.._.._ �-_.._._„__c--oK„o. w DRIVE rt. n I Y�$oArz a APH+ov. mwauM ,[ I Subdidsipn Mop'Sunset REPAIRSecWn Twa' RecNw9e (roVN a swmna PLWXIxa BOMO) } I ac m sold a f¢mlaly Bez-zl W He No. 5448 I Daniel V. &isotti k Marla T. 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N lab'g1'W 24da:' o \ Scam s.i. ;Y ��--n N / / 2 aE RE VE M AREA'A' o awal slut aE mx AIO ME...G WIMFE AND s0l0AEXI 13 rt rM• / 1A z AREA= 189128 z.t CC / /�/ xOTEO aw MIS RN.PUT wWE pETEMkVm WY ME sWMQD iprN W rc r.-��T_7/ µ' / \ \ i L•2aBpO / .(. ryn 1__� v� I1NIwNo BEAM µo SHALL.1 TO E.a ME 11 G ms Put ypp.''e 7'- 1 S y L] ME As sIOWN m Mls PUT sae w rolmerlY 326M J. wry .$�. S � .492D8 s.f. \ W,-I- R.S..r V.a /� 12 I t 8.$• s Q I[$gg9 nowx ^x" \ \ JIr M_ © I {.I �/ 123b`I P 5e SS((F LN Sx nnon . LLC r� I S R \ '� �W� CA! 51J35 z.f. ,e lL1-c 4 ?'_l S' B .N vie'+aTl--J/� a_8 �/�\eo.b � •P ./ `o _ r�� / MEa= 31.3831 ACRES `` / WWo2. - °Poo. 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" y 1 K 1"y� _. 1nl--C k I W I� Y l� 'b./ \ 33135 st I ® Its�" PF-� U ` l 1EE \ \ I i 8 / h TD .�1 S1.RCasEW,ANNUE PEWa^� b \\_ Q• �y4 `_ 33931 e1 1 Card C. rctll SUFFOLK COUNTY J-PARTMENT OF HEALTH SERVICES xCNsm InmTs,xr nn I iU \ AL \a� _J8 V�xt� iiEl� ��.<.r v - ` 4'934 J. o-Y� 1' DPPAUGE, N.Y. SITE DATA: 'I.. JAN 4 ZbU I W \ 'n.T AM,•,.R-2]i `.•15/ ! \\ [,eDLrzj`$ N�wtum Tk 6`a`,WrP�TOeI �\ g \ \\ \ / 4 a -S I- DATE ]zonxp usE asmcc zJ w. o wb U / y `MBE t a L6200 `� O \\rT 'A-C'Repeal W. RVAnw e n i L-W1W 9 O '� Q9" QR8 t-Isd)Y 11 U i 2004 1.TOT.MFA-6EA2a5 Albs L- 1 L A RQ�ro A. /=e of I �` RaeT - w t ls5➢O'n L r LggE.m' f6 IW I 1M •20.Op' ..a.Dd zav �J 5695J s.t R > E aL 0.110 (!l Lm +•_/ r� --1 „ 4r_( \ // J,, ,y,�. f T, Mls Iz 1.anTSY MAT ae Pempsm R.lTr swal erm m prN ww, FINAL PLAT or folmerlY O '" `1 `1 1r 1t; I ` S y / 4 J N R r.Io 6 �. \yt & // J YWim Az Par.err a Lot ERAS Mower.pa TE APow oA2 w�MR •.'� -_ now Art6uf BurnB 1 I s. } I f \ O m 6 I3 W - O e \ `'! 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YTMFIHIS OF W E LF SNADFOLK C ONTYY¢"M,I:T OF HFOm AT WE TE TWE AREA a 31.3831 ACRES NOV 9 9 2005 BON y 1 On oJ11sTACTW. 1 N 23'13.3W W GAO//. L`P l�...'i� 3 MwAS C.YrtILFFRT,FE.X.Y.S DO pn 814•] 251 •wWES9A' mIs Is A cwsTA wapNw mAr n1s RFFN aE9LiE0 N ACCVWAM'£ ey No or9 LOIN MOTION 278 OF NEW.STATE To'M U.T6 NAAIWY_OT COYERALE IN.9E] µo WE "No"c EULETn•Es AVp SEIBACI{$ 'R �4E N O ET ON.6 FINAL PLAT WERE OCyEWBy EG BY WE splmpD NWM AGRICULTURAL k OPEN SPACE EASEMENT 11370 #FILE.1Wp AND ASO BOMo µo 91Au APPLY To EACH CP WE LOTS ON THIS PUT Ilif 9• AND As smx+l w Tws PUT. C 23.7591 ACRES !Lg mNa 15719#ABs.No. a • FILED MAR 3120% new D,d C.a Kell Keil cW, FILED f r Ff1&� W 1ldPil.19PM. j .. Zor aFeUFFC/1L110UNH "4 mfa Na TYP/ICAL PLOT PWI yo bOBIECt is fgYElI.VIYOuItEC:I:B.TI0F15I,IDER j183S OMER:`�I•L Tr/Cnj�Z,pp N 244 40 W EADE a5 .mSfPll r.uN:Na,s+. !� IER k OOSEML REALrr laN N 22T8'50•W 269.53' 201.58 __ .. RW3\ELT..111 i J89.50' _��- - 1Alxsw IEIOIrS,x.Y.ttlT2 N�---50�W _—__—__—_ 0 _ SUFfOLK COUNTY DEPPRTMENT OF HEALTH SERNCES SITE DATA: IE�O ar FamerlY Card G Keil _ 3 ------ � HAUPPAtlf9=, N.Y. LTOTAL ARu=enA2as ACNes UL7 0 8 2004 z 1.LNe,OF LOTS-21 E i 'I now or formerlY DATE J....use psis.]: for Macori Fa,ms East LLC -A-C AGPIOAmRA.CONSERAnax OF FormedY I now or formerly --�- ---'1 no Carol C. Keil Joseph Mocari II np'iS IS To nm•AT ONE M asee Ro�.o VE T FINAL PLAT T sAL CF•9' LO`S WWS APMJar Np aN NW ABODE o.. YTET _ i sTAWOM wen ERREOT pwwL FAD.IrWS Yasr wxraWL ro oilslmmnox THE FIELDS AT MATTIiUCICrJAN$D srmoAAIE IN ETS IR S TIE TYF TME WIS Ne Zt"ro BE wonE WINrn,IF E'B µr To "As sTNUAROS N7TioVK Funk BE won asu F WE a WTHIou,gONE WAN OF WE EX,Yµ 6 'siLLF➢ _ wen TIE. WE •mx We OwsDAE. WoplTIs At MATTITUCK Town of. SOUIHOLD HEREBY IN E a WE FO fB:E TY9 Yµ se wlpl TNs fXOWELENi WE IEFI¢a WE D hor new x ArratN NLE wen Suffolk County. New York i�Nslixs a nE weuc IE.Lm uw Axo ra s4POLN aulrr AxlrMr PLANaeon Suff. Co. 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A`CE ^ *eylBe I _ f0rmerY ` aI .a� // I ` I ,s.a � / / \ \ - Y I\ 1` 0U9I0S, q Q C 9 D^ " •'' ' ', : l t 'T H 2 /I AG// n es M.;Cop ay g _ \ §.ez Per ` *�s `� * \ 1 --1- -- of 36.43 8S4 } „£c t { r l l L� 4 �� -i _ Lu *40.77\ + ' fO 58715 \ l '" M A° u., I I �" ` \ \ / *37.90, now „ , sl .i: lyl t I _ 1 0 _ � _ ;i F1 A oV , e f � - t o � t r ' * I \ Merl \ \- I / - _ � \ �.\ ED ro 37 \\. F I ,E L D \ 3a 54 'S 7nes,Inc. / c i / I o/ / + /// Mo -- , 1 4E.3, SITE DATA 7. now or 1 \� ., , .\ \ '39.z, 7 3 .32 I I - fOrmBr1Y Carof 788.50 1 1. TOTAL AREA = 60.4265 ACRES (/ Keit2. 3. TOTALG USE NO. OF LORSCT2A7-CI AGRICULTURAL - CONSERVATION now or formerly \\ \ ( \ 269.33' \ 4. TOTAL LENGTH OF ROAD = 3380 ± L.F. r.of Kel/ \ noW N 2 40.75 38'11 ., ✓ �a5.e5 \ Bette JoyoCa°rmerly . `�' 8,50w W 201.58' *3e.e4 - - 0 Mets occi " ' - p Hp�j Inc, - l *42,7s \ N*,9 z 47 4D W 3939 Je.ee - x _ I , \ _ / Je.9 4102 now1 / _ Me to is rl - - H+4149 Y ones Inc. a +41.22 , ` I I NOTE _ - " r O *39. 3 .19 I. SUFFOLK COUNTY TAX MAP DIST. 1000 SECT. 113 SILK. 02 LOT 1.1 *3eae + 2. TOPOGRAPHY SHOWN HEREON IS FROM AN ACTUAL'SURVEY - COMPLETED BY YOUNG a YOUNG ON JANUARY 28, 1992. D � CEViNE DRAItJAGE GALCULI ATIONS AUG t 012004 , TEST-HOLE 4 ' SYRUGYW2$w t�FJI•IO,FF fN.lk1=AGB tNREA'' R-AIµFAL:4 COEFF y, - o.o' S9othud Town DARK BROWN FAVP M't:N7 @7$aaea. : .¢f67F'( 090- Fannin Boats fdR AS;Z 5f�$'Dd FI^ �.6TFY..- O 25` ,,,T02'7 I L,„ 66WW SILTY LOAM le.)3 �a _ ^M '`L ' '�_ N�. .� 1, 2,34�$442 -TtlYARE"4Ul1�EP."iVO4klME " '1 �-7434 G�i"' ,I G HIGH LNAIN uN}c FENCE 1 { A VE . ,((F/r�`1.7�{��J'� TOTAL ,rRavlDepv°LUME(PGNVIINbfRbAslnl,• ;a,aQ4� FINAL ROAD B DRAINAGE PLAN BROWN SANDY f _ .1 I SILT I _ , ^'.ATRUICTURE ,: RUNOFR64"FAGIE .ARkA - " RAINF�.LL' sA'Pe ( THE 'FIELDS / AT MATT � �"� ( PAVEMENY �65u+0m all - - AT MATTITUCK V FT• O WO 25 34 G'F. a z - PALE eeowN fit° I f O 2J' ;7910 G,.�'FINE Ta cwase GRA$3 17� a5F' d 7 -Fc. r ': ,� ' SANO WITH f•.E] Na _ - .'• Io%e9avEL '" TOYALI "ICED K � 5+�.. TOWN OF SOl1THOLD ,�'�", II -: / : Ue3E �l' .;10 4'dln`'•I`,I7; Q 14�EP,},P a - ° - + TOTAL P:ROV,lIbE7yS�PLtlM1 ae=z GF SUFFOLK. COUNT Y , N .Y. * *. vr f, / JULY 30,2004 N aTE AGRILNLTIW1d,- RUNOFF reURFAGE AREA RAINFALL GOEPF, R.E4.VaLUME _ _ - -- . �-,- ` 0 0.15 60500 C.E -FEB. 13, 1995 r v ALL GATo♦♦ eAInINS TO LOM4919T aF PRELA�C 4-�" A 4'-0" e,aX W rrFl OA�f IRON E PEN SPADE AGRICULTURAL 601 800 LTF. O.'m7 Pr. , - - - JUNE 13,,1995 FEB T, 1995 PFAME. 4 GRATE , cAM P6FJ-L FaL1NDRY fb. f AN NO. 2617z aR E4J AL, ErSEM ENT TOTAL PROVIDFA VaLJME' F£TENiION AREA 72000 O.F - - JULDEC �18, 1992 I dULY 8, 1992', DATE : MAY 13, 1992 PONDING II REGHAKGE 6ASIN SECTION w.B G S� alL " W + SCALE- 100' 4 400 R N NiE RIVE kAl '+ -,el JOB,N01 98- 1432 _ A ?p'yy' �"y.,� wRK °I�. v b Y .a•_ . ' ,., ..r :::.. i- _. .•, r ,3 . ..r '. +:. a:. _ . .,- '. ..." .i , ,.. 1 . ... i. e .. `.. Lv I• r.h .AM1r-a '. 4. 57 . 7 P.I.= 8.20 P,I.=67.00 _ P.I.=72.50 - P.L=59:00 S4.56 VCC= .8. Vcc=0.08 VCC=1.13 Vcc=0.09 ACT. 58.28 EXISTING GRADE Act.=66.92 PROPOSED GRADE v ACT.=71.37 Act.=59.09 EXISTING PAVEMENT _ -2.842% +3.520% + 1.900% -1.778% p _ C.B. 0. 5 C.B. N . 8 - - _. . -_ .. ..- . . __ ........ - _ .--- _- - T/C=58.75 I.L 586s1 - I E.=5 .50 i z C.B. N . 7 a 320' OF 18" CMP 01.7447 T/C=5 .75 Ia- I.E.=5 .50 0 De 0 (12) 10'-O'�DIA.x 12'-0"DEEP L,P.'S w U H w z a z w - F- W F (~/1 Z d z O z U o f =1 F W K N lil X H.P. 71,44 w z w r w z U = - f Q 5C 5), 2 0' 5 U QS_ p N W N N O DO N DOOO " N 00 r w O 1' N O 1f1 N D M r UJ NN UU]l tI`n GO O ) a0 m D O MN U U ) mN �t0 �c0 t0 tp N N VN Nt0 m a0 O O+ O O O n O-♦- 0+O+DI+ O+ 0+ - O+ O+ In O+ O O O OUO - NU Or 0 0r p r p O p --- oO N O In O UO O In O N N N p n U p ONI<) o Nsf DLID OO NNN N M W + + + + + aO Np+ OjCCO N CO Oj O N N N N In I PROFILE STANLEY ROAD SCALE HORIZ: i"=50' VERT: 1"=10' 54.56 P.I.=51.00 P.I.=44.00 P.I.=49.00 P.I.=51.00 53.51 9 O Vcc=0.10 VCc= 1.50 Vcc=0.17 Vcc=0.04 Act,=50.90 Act.=45.50 Act.=48.83 Act.=51.04 p 0 r ILL! EXISTING GRADE z +1.257% N M.H. C C.B NO.4 C.B. 0 3 _ - - - - -- o - I.E.=50. 8 -17 8z M. . B M.H. A T/ =50.45 T/C 50.45 - - F- I.E. 47.6 I.E.=45.06 I.E. 47.20 I.E.= 46.96 - C B. N0. 6 N _ C.B. NO. 2 C.B. NO. 1 +0.667% ,4.6 7 oa T/C=45.58 T,YC=45.58, .H 3.33 % I/E.=56.20 Z - I.E.=42.08 1.I.E.=4033 PROPOSED GRADE w 320' 0 18" CMP ® 1.744% z_ J 40' OF I8" CMP R 1.350 % 145' OF I8" CMP ® 1.676 0 190' OF 8" CMP ® 1 0007 Z z IE O' OF 18" ClP 04.5757 190 OF 1 " CMF ® 1.695 7. 0 cwi z 3 a LL z O LP=45.46 U w rn w z 5 ' 150, 5 ' 5 ' DO C0 dN 0 OO d' d' d a N I(1 ul Ill N u] V1 N N ON U) u7 U) U) pUl cV Oi 0 d, rs (6 DO W DOn In Ul rOnDO CO I 0 0 O O t00 N O O -N 0 In 0 N 0N NIn No N 0 O O O N 0 0 O O O O N O O O 0 DO 0 N 0 Ul 0 ^ 0 0UO O N N O N � n O n M N r O N O O N O Ul+ + + ^ N ^ + + + j + + +D0 00 DO OI W CO O O O OO N N U1 0 +N CO DO DO CO N N N N N N PROFILE STANLEY ROAD SCALE HORIZ: 1"=50' VERT: 1"=10' 53.51 57.0 C.B. NO. I ' T/C=45.58 I.E.= 41 .84 I.E. : 40, 33 M.H. D p' I. EA 35.33 a EXISI ING GRADE I.E. 31 .33 0 w _J z r M.H. E m PROPOSE GRADE I E. = 24.00 z EXISTING GRADE PROPOSED GRADE 0 U Li ¢ I.E. _�7.po ' F z w 9 ' OF 24"CM a 8.144 % LEI a - 50' CF 24"CMP IV 10.000 % 305' F 24°CMP a 2,131 % END SECTION ¢, I.E. IC.0 w 4 z p 175' OF "CMP @ 4.2 6 0/ z z w w oi - 10 O Ol p ON ONT ONN CN 0 N7U) N1D NNO NO VAN 0 AN30 2006 � -p ui c U)O 25 G Q t N 0 0 0 0 0 0 0 0 00 0 0 0 0 o FINAL ROAD B DRAINAGE PLAN �� ;icll o n o N 00 0 r o n o w0 o n o q-n O 0 o N 0 . . G 4 -G" 7 _D" + . . CO O O OO 1O U 0 DO FIELDS AT MATTI h BLOM 1'3 MAN. IN :Y 1 t-14"' I 3LOPVV/MAXI AT MATTITUCK OF WF PROFILE FAWN LANE (L PROFILE STORM SEWER TOWN OF SOUTHOLD SCALE SCALE *' £? iDi r T >♦ CURB 30 SUFFOLK COUNTY N .Y HORIZ. : I = 501 CURD - 3000 P.S.I. - 1 V2"WEARING COURSE HORIZ.I . I "= 50 VERT. I I"= 10' CONC. ® 28 DAYS 2 1/2"5INDER COURSE VERT. I" = 10' FINE COURSE 48 4" COMPACTED BASE COURSE - ,�BBY�3 ® P`' Sp" STONE BLEND OR JULY 3Q 2004 LA1w - CRUSHED CONCRETE FEB. 13, 1996 JUNE 13, 1995 FEB. 7, 1995 TYPICAL ROAD SECTION x.rs. JULY IBA, 1992 DATE I MAY 13, 1992 YOUNG B YOUNG SCALE I"= 100' 400 OSTRANDER AVENUE, RIVERHEAD, MY JOB NO+ BB- 1432 ALDEN W.,YOUNG,-N.Y.S.P.E. a L.S. LIC, NO. 12845 - - HOWARD W. YOUNG,N.Y.S.L.S. LIC. NO. 45893 - - +THOMAS C.WOLPERT,N.Y.S.P.E. LIC. N0. 61483 KENNETH F.ABRUZZO,N.Y.S.L.S.LIC.NO.49999 SHEET, 2 OF 2 1 PLANNING BOARD MEMBERS `OSVFFO�I�'CO JERILYN B.WOODHOUSE P.O. Box 1179 Chair o= Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO � Telephone (631) 765-1938 WILLIAM J.CREMERS �i �� Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN H.SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLI) September 14, 2004 Ms. Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: The Fields at Mattituck Located n/o.Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, Se mber 13, 2004, adopted the following resolutions: WHEREAS, on May 30, 2001, Petitioner Kit Realty Inc. filed an Article 78 Proceeding against the Planning Board seeking a judgment and default approval of Petitioner's subdivision final plat; and WHEREAS, on January 23, 2004, the Hon. Justice Mary M. Werner of the Supreme Court of the State of New York, County of Suffolk, issued an order granting default approval and directing the Town Clerk to stamp the subdivision final plat as approved; and WHEREAS, on February 9, 2004, the Planning Board and the Town Clerk filed a notice of appeal in the action; and WHEREAS, the parties desire to effectuate an amicable resolution of the action; be it therefore RESOLVED, on August 14, 2004, the Planning Board agreed to the attached Stipulation of Settlement; and be it further RESOLVED, that the Planning Board agrees to all conditions set forth in "Schedule A" of the Stipulation of Settlement. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney r Jul 30 . 040-04 10: 46aAN,,SM,MoorehLaw VOffice G317654643- p. 2 SUPREME COURT OF THE SATE OF NEW YORK COUNTY OF SUFFOLK ---------------------- ---------------X Assigned to Justice KIT REALTY, INC. , MARY M. WERNER 372 JERICHO CORP. Petitioner, -against- ELIZABETH NEVILLE in her capacity as Index No. 01-13878 SOUTHOLD TOWN CLERK and the SOUTHOLD TOWN PLANNING BOARD, Respondents. --------------------------------------- STIPULATION OF SETTLEMENT IT IS HEREBY STIPIFLATED AND AGREED between the parties hereto that the above Article 78 proceeding is settled upon the n- j following ter . and conditions: / 1. The Southold Town Planning Board hall grant final subdivision approval incorporating the terms and conditions set forth in Schedule A attached hereto. Upon the petitioner's satisfying the terms and conditions set forth in Schedule A, the chair of the Planning Board shall sign the final map. 2 . The within Ar icle 78 proceeding shall be and the same hereby is discontinued with prejudice, without costs to either party. 3 . Any breach of this stipulation can be enforced by a mandamus proceeding anc the prevailing party shall be entitled 1 Jul 30 04 10: 46a Moore Law dffice 63,17654643 p. 3 to recover from the other its costs and expenses in prosecuting/defending such proceeding, including its reasonable attorney fees. Dated: August _, 200 KIT REALTY, CORP, TOWN PLANNING BOARD 372 JERICHO CORP. TOWN CLERK Petitioner Respondents By: By J� Patricia Moore, Esq. Frank A. Isler, Esq. Attorney for Petitioner Smith, Finkelstein, Lundberg, Isler anO Yakaboski LLP. Attorn-!jIs for respondents l . 2 SCHEDULE A 1. Final Map 1. The final map should show the following: a. Updated County Health Department stamp. b. The location of two fire hydrants or wells as required by the Mattituck Fire District and the Suffolk County Water Authority, if applicable. C. Building envelopes or a table of dimensional requirements. i. Since this subdivision is a clustered subdivision, the Planning Board has provided for alternative setbacks. Fulfilling this requirement will save future property owners from needing to apply to the Zoning Board of Appeals for relief of the setback requirements. See letter dated March 8, 1996 for the applicable setback requirements. ii. Two lots Jn this subdivision (#'s 13 & 14) show a building envelope overlapping with a required 200' non-pollution buffer f for a public water supply well. This potential restriction by the Suffolk County Water Authority on the use of these lots should be clearly marked on the final plat and within the deeds for the benefit of potential buyers and subsequent lot owners. d. A-C Agricultural Conservation Zoning District. e. The following statement: This is a Cluster Subdivision that has been designed in accordance with Section 278 of New York State Town Law. The building envelopes and setbacks noted on this final plat were determined by the Southold Town Planning Board and shall apply to each of the lots on this plat and as shown on this plat. f. The Liber and Page numbers of all filed Declaration of Covenants and Restrictions. See Section III, Legal Documents, below, for further details. 2. The final map shall be amended to omit the following statement: "Principal building & accessory setbacks for all lots in this development shall conform to the "HD" Hamlet Density Residential Zoning Use District." The following set backs and lot coverage are required: Front yard: 40 feet Rear yard: 50 feet Side yard: 15 feet Both sides: 35 feet Lot coverage: 20% The final map shall show a right-of-way through lot 2 and lot 3 and shall show an access to Bergen Avenue through the agriculture and Open Space easement area. If the access for the properties to the north of the subdivision is resolved, a right-of-way extinguishment agreement,will be filed The covenant and restriction filed by the developer provide notice to the owners of lots in "The Field's At MattitucW'that the right-of-way through lot 2 and lot 3 and the access to Bergen Avenue is not for their benefits and that that access is subject to being extinguished: II. Final Road and Drainage Plans/Performance Guarantee 1. The submission of three sets of final plans and road profiles. 2. The submission of a performance bond guarantee to cover the performance bond estimate as updated in 2004 by the Town EngineAring Inspector. 3. The payment of the inspection fee (to be determined by the Town Engineering Ins ector). III. Legal Documents 1. A filed version of the Homeowner's Association Bylaws wherein road maintenance and maintenance of the natural retention and drainage area will be provided for unless the road, natural retention and drainage are to be dedicated to the Town.. 2. Filed Declaration of Covenants and Restrictions noting the following: a. The terms outlined in the attached Terms for Agricultural and Open Space Easement Area. These areas will be subject to an access to Bergen Avenue until such time as that access is extinguished. b. A statement that there shall be no further subdivision of any lot within the subdivision in perpetuity. C. That the location of(and the restrictions pertinent to)the Natural Vegetation Retention Buffers or the Stormwater Retention Easement Area shown on the final plat shall be noted within the deed description of each lot. d. That there shall be no disturbance of any kind within the Non Disturbance Natural Vegetation Retention Buffer area except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, within this area and the prohibition of and any type of grading or clearing of the natural growth within this area. The DECLARANT covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat. It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat. No Clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is 'conducted will be re-vegetated in accordance with an approved plan by) the Southold Town Planning Board with species native to the State of New York. Notwithstanding the above, the Natural & Undisturbed Vegetative Retention Buffer may be J supplemented with additional native vegetation without Planning Board Approval and a fence may be located along *-he north property line of the subject premises ( lots 1, 2 and 3). e. The following paragraphs: The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributes, successors, assigns and transferees. i A paragraph stating that the covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. V. Fees Payment of the Parks & Recreation fee of $5,000 (Five Thousand Dollars) per lot, (e.g. 27 X 5 = $135,000). Finally, the submission of six(6) paper copies and two (2) mylar versions of the final map will be needed for the Chairperson's signature. J I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII (IIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 05/31/2005 Number of Pages: 10 At: 11:16 :01 AM Receipt Number : 05-0058023 LIBER: D00012389 PAGE : 816 District: Section: Block: Lot: 1000 113 . 00 02 .00 001.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO - Handling $5 .00 NO COE $5.00 NO NYS SRCHG $15 . 00 NO TP-584 $0.00 NO Notation $0 . 00 NO Cert.Copies $6 .50 NO RPT $30 . 00 NO SCTM $0 . 00 NO Fees Paid $91.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County i F21 -Number of pages RECOW)ED 2005 P!.ay 71 11;16.01 i2lp1 TOR-RENS_1 Edii...ja rd P Rciriia'ne CLERK OF Serial# SWFOL.K COWTY Certificate# L C'00012339 P 81.6 Prior Ctf. # Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps . 31 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. cc Dual Town-Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax Certified Copy The property covered by this mortgage i or will be improved by,a one or tw NYS Surcharge 15. 00 V family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page#-of this instrument. 4 1 Dist. Section Block Lot 5 lCommunity Preservation Fund Real Property Tax Service / Consideration Amount $ Agency PRop CPF Tax Due $ Verification S. SUFFOLK COU Improved Vacant Land 6] Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD /7 - TD TD C' 7 Title Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached made bv: 7 7.7 (SPECIFY TYPE OF INSTRUMENT) 7— C , The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 4 F DECLARATION AND COVENANT THIS DECLARATION made the 20 day of May 2005 by KIT REALTY, INC. , a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372, hereinafter referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A"annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck" , as shown on Final Plat last dated July 30, 2004 prepared by Young and Young, Licensed Land Surveyors, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk' s Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be- subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit : 1 . The. use and development of the portion designated as Agricultural and Open Space Easement Area on Lot Number 27 of the Fields at Mattituck subdivision, will forever be restricted to some or all of the following: (a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans) ; fruits (including without limitation, apples, peaches, grapes, cherries and berries) ; vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions) ; horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers) ; and all other farm products; (b) Open fallow; (c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; (d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas forcompatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. (e) specifically excluded is Commercial Composting 2 . The following shall be adhered to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and the agricultural value of said premises : (a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. (b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. (c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. (d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises . (e) No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted thereon. (f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut or removed therefrom. (g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises . (h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. (i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 27 as designated on the final subdivision plat for "The Fields at Mattituck" . Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval . (4 ) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval . (k) The aforementioned not withstanding, specifically permitted shall be the construction of underground utilities, including public water supply. (1) Subject to the existing and/or relocated 25 ' wide Right of Way from Stanley Road to Bergen Avenue. 3 . That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times . 4 . There shall be no further subdivision of any lot within the subdivision within perpetuity. 5 . Lots 1 through 21 and part of Lot 27 identified on the map as "Easement Storm Water Retention Area" and "Natural Vegetation Retention Buffers" shall be noted within the deed description of each lot and are subject to the following: i There shall be no disturbance of any kind within the Non Disturbance Natural Vegetation Retention buffer area, except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, within this area and the prohibition of and any type of grading or clearing of the natural growth within this area. The Declarant covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat. It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat. No clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with an approved plan by the Southold Town Planning Board with species native to the State of New York. Notwithstanding the above, the Natural & Undisturbed Vegetative Retention Buffer may be supplemented with additional native vegetation without Planning Board Approval and a fence may be located along the north property line of the subject premises (lots 1, 2 and 3) . 6 . The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 7 . Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . 8 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. `S{^ v:r r r CHICAGO TITLE INSURANCE COMPANY Title NO.: 3804-01076 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF BERGEN AVENUE, DISTANT 440.55 FEET WESTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHERLY SIDE OF BERGEN AVENUE WITH THE WESTERLY SIDE OF COX NECK ROAD; THENCE ALONG THE NORTHERLY SIDE OF BERGEN AVENUE SOUTH 75 DEGREES 36 MINUTES 30 SECONDS WEST 860.63 FEET TO THE EASTERLY LINE OF COOPERS LANE; THENCE ALONG THE EASTERLY SIDE OF COOPERS LANE NORTH 24 DEGREES 47 MINUTES 40 SECONDS WEST 201.58 FEET; THENCE STILL ALONG EASTERLY SIDE OF COOPERS LANE NORTH 22 DEGREES 18 MINUTES 50 SECONDS WEST 269.53 FEET; THENCE ALONG LAND NOW OR FORMERLY OF DAVID COOPER THE FOLLOWING 13 COURSES: 1) NORTH 22 DEGREES 33 MINUTES 50 SECONDS WEST, 789.50 FEET; 2) NORTH 67 DEGREES 18 MINUTES 10 SECONDS EAST, 189.71 FEET; 3) NORTH 68 DEGREES 46 MINUTES 10 SECONDS EAST, 307.64 FEET TO A MONUMENT; 4) NORTH 23 DEGREES 13 MINUTES 30 SECONDS WEST 107.78 FEET; 5) NORTH 28 DEGREES 18 MINUTES 30 SECONDS WEST, 150.43 FEET; 6) NORTH 16 DEGREES 38 MINUTES 10 SECONDS WEST, 204.12 FEET; 7) SOUTH 59 DEGREES 23 MINUTES WEST, 234.69 FEET; 8) SOUTH 62 DEGREES 51 MINUTES WEST, 266.94 FEET; 9) NORTH 21 DEGREES 29 MINUTES WEST, 854.13 FEET; 10) NORTH 22 DEGREES 39 MINUTES WEST 200.06 FEET; 11) NORTH 20 DEGREES 18 MINUTES WEST, 410.85 FEET; 12) NORTH 15 DEGREES 57 MINUTES WEST, 100.40 FEET; 13) NORTH 23 DEGREES 15 MINUTES WEST, 29.52 FEET; THENCE ALONG THE SOUTHERLY LINE OF LAND NOW OR FORMERLY OF EASTMAN, ROHDENBURG & SMITH, NORTH 68 DEGREES 11 MINUTES 10 SECONDS EAST, 838.08 FEET TO THE WESTERLY LINE OF LAND NOW OR FORMERLY OF SLEDZUISKI AND OTHERS; THENCE ALONG SAID LAND THE FOLLOWING COURSES AND DISTANCES: 1) SOUTH 21 DEGREES 48 MINUTES 40 SECONDS EAST, 674.00 FEET; 2) SOUTH 23 DEGREES 14 MINUTES 40 SECONDS EAST, 100.03 FEET; 3) SOUTH 22 DEGREES 00 MINUTES 50 SECONDS EAST, 561.63 FEET; 4) SOUTH 22 DEGREES 17 MINUTES 50 SECONDS EAST, 545.10 FEET; 5) SOUTH 20 DEGREES 30 MINUTES 20 SECONDS EAST, 100.06 FEET; 6) SOUTH 21 DEGREES 45 MINUTES 40 SECONDS EAST, 93 .79 FEET; 7) SOUTH 19 DEGREES 45 MINUTES 20 SECONDS EAST, 100.06 FEET; 8) SOUTH 22 DEGREES 28 MINUTES 40 SECONDS EAST, 200.40 FEET; 9) SOUTH 18 DEGREES 36 MINUTES 50 SECONDS EAST, 100.15 FEET; 10) SOUTH 23 DEGREES 03 MINUTES 40 SECONDS EAST, 200.05 FEET; 11) SOUTH 22 DEGREES 57 MINUTES 30 SECONDS EAST, 684.74 FEET TO THE NORTHERLY LEGAtA -LEGAL DESCRIPTION CONTINUED- • CHICAGO TITLE INSURANCE COMPANY Title No.: 3804-01076 LEGAL DESCRIPTION SIDE OF BERGEN AVENUE TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 113.00 BLOCK 02 .00 LOT 001.001 a= k S re: DYnc�r3•'+�' rf�x� uX.* a- ,r ev� M1Aw,-v1':f &Y�..'Ct^-�_::....v�-�..,�..?c'r.-M;:77'+#: •zc��e'�.�:.ix�i- LEGALA -LEGAL DESCRIPTION CONTINUED- IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. BY: J eph acari STATE OF NEW YORK ) ss . . COUNTY OF SUFFOLK ) On the o�c�d y of P-(I05� before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. otary Public MARGARET C. RUTKOWSKt Notary Public,State of Now York No. 4982528 Qualified in Suffolk County�O Commission Expires June 3, Sr I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I i l l l l l l l l l l l l l SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 01/09/2006 Number of Pages: 6 At: 12 :30 :05 PM Receipt Number : 06-0002131 LIBER: D00012429 PAGE : 522 District: Section: Block: Lot: 1000 113 . 00 02 .00 001. 001 EXAMINED AND CHARGED AS FOLLOWS Received' the Following Fees For Above 'Instrument Exempt Exempt Page/Filing $18 . 00 NO Handling $5. 00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $5. 00 NO Notation $0 . 00 NO Cert.Copies $5 . 00 NO RPT $30 .00 NO SCTM $0 . 00 NO Fees Paid $83 .00 ' THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL ` Fi-I ` � . RECORDED I'•. Number of pagesiii ir', Jan 09 i' e `i,i i5 F'ti TORRENS CLERK OF Serial# SUF Ff LK i_O 11.1 W Certificate# . F' 52 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-52 17 (County) Sub Total OK 0 Spec./Add. EA-5217 (State) TOT. MTG.TAX Dual Town Dual County R.P.T.S.A. dd ®b Held for Appointment Comm. of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax "ve inoQQe �S The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 S� family dwelling only. Sub Total �- YES or NO Other Grand Total 0 If NO, see appropriate tax clause on page# of this instrument. 4 Dist. Section Block I Lot 5 Community Preservation Fund Real Property 1000 11300 0200 001001 Consideration Amount $ Tax Service Agency RP ASS CPF Tax Due $ Verification - 09-JAN-06, Improved — --- - - —- _- _ Vacant Land 6 Satisfactions/Discharges%Releases List Property Owners Mailing Address RECORD.&_RETURN TO: . TD .. • � TD TD �J o J i Ho 7 Title Company Informati6n Co. Name Le0,71c A5 i-kwrr n1 Title# Ts L/ 8 Suffolk County Recording & Endorsement /Pa •e This page forms part of the attached ,t�LReATio�l made by: (SPECIFY TYPE OF INSTRUMENT) T The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of �Uy rHa� In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION AND COVENANT REGARDING ROAD DEDICATION AND HOMEOWNERS ASSOCIATION THIS DECLARATION made the day of by KIT REALTY, INC. , a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372, hereinafter referred to as the Declarant, states as 'follows : WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck", as shown on Final Plat last dated July 30, 2004 prepared by Young . and Young, Licensed Land Surveyors, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk' s Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all . -purchasers and holders of said premises, their heirs, executors, t-...::..:..)n.,sr::.'., .."....w,.. .... .:'fsz__ .._:- ;. . ..1 •l2:. a..;.._:._.a: _., .,.Y5.. _...... y,.. ._...._ _,. .'-:�......P... ... �. .__...a_d:......... ...,..__..._..-..:JY- _ ,...._.c_ ...,:..r_...,_-..=..x legal representatives, distributees, successors and assigns, to wit. 1 . The subdivision road known as "Stanley Road" and ,"Fawn Lane" is intended to be dedicated to the Town of Southold and become public roads . However, in the event that the Town of Southold. does not accept said roads for dedication, the declarant hereby agrees to create a Homeowners Association which Association will take title to the roads and be responsible for the cost of snow removal, continued maintenance, repair and or replacement of said roads . 2 . The Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to this Covenant and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . 3 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. 4 .These Covenants shall be null and void upon acceptance of the dedication of the roads by the Town of Southold. ti IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. BY: Macari,?►2 -Vld STATE OF NEW YORK ) ss . . COUNTY OF SUFFOLK ) R On the Y day of J E�� before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the -individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. d ANotarydblic IIoMY Rmua.9m�a of hlrwNw COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A.PASCALE, Acting Clerk of the County of Suffolk and of Record thereo o hereby certify that I have compared the the Court . ?! Q........RECORDED in my annexed with the original Jp and,that the same is a true office .)L/ate ...� copy thereof, and the whole of such ernto set y hand and affixed In Testimony Whereof, I have h � .............. . . F the seal of said County and Court this ...�.• ••••• 4. ..A', 4 CTING CLERK , r w C ',AGO TITLE INSURANCE COMP. Title No.: 3804-01076 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT MATTITUCK, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY SIDE OF BERGEN AVENUE, DISTANT 440.55 FEET WESTERLY FROM THE CORNER FORMED BY.THE INTERSECTION OF THE NORTHERLY SIDE OF BERGEN AVENUE WITH THE WESTERLY SIDE OF COX NECK ROAD; THENCE ALONG THE NORTHERLY SIDE OF BERGEN AVENUE SOUTH 75 DEGREES 36 MINUTES 30' SECONDS WEST 860,63 FEET TO THE EASTERLY LINE OF COOPERS LANE; THENCE ALONG THE EASTERLY SIDE OF COOPERS LANE NORTH 24 DEGREES 47 MINUTES 40 SECONDS WEST 201.58 FEET; THENCE STILL ALONG EASTERLY SIDE OF COOPERS LANE NORTH 22 DEGREES 18 MINUTES 50 SECONDS WEST 269.53 FEET; THENCE ALONG LAND NOW OR FORMERLY OF DAVID COOPER THE FOLLOWING 13 COURSES: 1) NORTH 22 DEGREES 33 MINUTES 50 SECONDS WEST, 789.50 FEET; 2) NORTH 67 DEGREES 18 MINUTES 10 SECONDS EAST, 189.71 FEET; 3) NORTH 68 DEGREES 46 MINUTES 10 SECONDS EAST, 307.64 FEET TO A MONUMENT; 4) NORTH 23 DEGREES 13 MINUTES 30 SECONDS WEST 107.78 FEET; 5) NORTH 28 DEGREES 18 MINUTES 30 SECONDS WEST, 150.43 FEET; 6) NORTH 16 DEGREES 38 MINUTES 10 SECONDS WEST, 204.12 FEET; 7) SOUTH 59 DEGREES 23 MINUTES WEST, 234.69 FEET; 8) SOUTH 62 DEGREES 51 MINUTES WEST, 266.94 FEET; 9) NORTH 21 DEGREES 29 MINUTES WEST, 854.13 FEET; 10) NORTH 22 DEGREES 39 MINUTES WEST 200.06 FEET; 11) NORTH 20 DEGREES 18 MINUTES WEST, 410.85 FEET; 12) NORTH 15 DEGREES 57 MINUTES WEST, 100.40 FEET. 13) NORTH 23 DEGREES 15 MINUTES WEST, 29.52 FEET; THENCE ALONG THE SOUTHERLY LINE OF LAND NOW OR FORMERLY OF EASTMAN, ROHDENBURG & SMITH, NORTH 68 DEGREES 11 MINUTES 10 SECONDS EAST, 838.08 FEET TO THE WESTERLY LINE OF LAND NOW OR FORMERLY OF SLEDZUISKI AND OTHERS; THENCE ALONG SAID LAND THE FOLLOWING COURSES AND DISTANCES: 1) SOUTH 21 DEGREES 48 MINUTES 40 SECONDS EAST, •674.00 FEET; 2) SOUTH 23 DEGREES 14. MINUTES 40 SECONDS EAST, 100.03 FEET; 3) SOUTH 22 DEGREES 00 MINUTES 50 SECONDS EAST, 561.63 FEET; 4) SOUTH .22 DEGREES 17 MINUTES 50 SECONDS EAST, 545.10 FEET; 5) SOUTH 20 DEGREES 30 MINUTES 20 SECONDS EAST, 100.06 FEET; 6) SOUTH 21 DEGREES 45 MINUTES 40 SECONDS EAST, 93 .79 FEET; 7) SOUTH 19 DEGREES 45 ,MINUTES 20 SECONDS EAST, 100.06 FEET; 8) SOUTH 22 DEGREES 28 MINUTES 40 SECONDS EAST, 200.40 FEET; 9) SOUTH 18 DEGREES 36 MINUTES 50 SECONDS EAST, 100.15 FEET; 10) SOUTH 23 DEGREES 03 MINUTES 40 SECONDS EAST, 200.05 FEET; 11) SOUTH 22 DEGREES 57 MINUTES 30 SECONDS EAST, 684.74 FEET TO THE NORTHERLY LEGAA -LEGAL DESCRIPTION CONTINUED- , F UnICAGO TITLE INSURANCE COMPANY Title NO.: 3804-01076 LEGAL DESCRIPTION SIDE OF BERGEN AVENUE TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 113.00 BLOCK 02.00 LOT 001.001 ,t ram. a$, �;,r'.'� AI mycr �-"'. Ta�Z4xr�'�u'✓``sn..-c.3,� t�r :��-�P'��.*�,S,b.�-..if<",,,n„?-�?s'1Ryt�`. s 'vv �i Lecnu -LEGAL DESCRIPTION CONTINUED- PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 i I II January 10, 2006 'I I Southold Town Planning Board Main Road __------ PO Box 1179 Southold NY 11971 I ', JAN 1 1 2006 RE: THE FIELDS AT MATTITUCK Dear Sir or Madam:: With reference to the above, enclosed please find a certified copy of the recorded Deiclaration and Covenant regarding Road Dedication and Homeowners Association. Thank you. i V truly i Patricia gore PCM/bp encis. li i I I I I � li � PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 C15.^ January 4, '2006 Southold (Town Planning Board 4 2006-- Jerilyn BI. Woodhouse, Chair � s `vl JAN P.O.Box 1179 ! S out ho 1 d, J NY 11971 B hand So.;tho!d To,,,rn Y Fizz ;P�FD3rd Att : Mark I Terry ._...'. Re: Fields at Mattituck _ 1000-113-1-1.1 Dear Mark! In accordance with a meeting with you, Jamie Richter Town Engineer, Kieran Corcoran Esq. , Highway Superintendent, and Dough of Howard Young' s office, to address the Highway Superintendent' s and Engineer' s concerns we agreed to revise the map to change the drainage area from dedication to the Town to an easement area. This change caused an unanticipated delay at the Health Department because the maps had to be reexecuted. The Health Department stamped maps are ready for the Chairperson' s signature . The Covenants regarding the dedication of the roads were previously revised, reviewed and approved by Kieran, have now been signed by my client (enclosed signed copies) and have been forwarded to Peconic Abstract for recording. The enclosed Drainage Easement must be signed by the Supervisor as it will be recorded simultaneously with the map filing. Once it is signed, we', will forward it to the title company for recording.) i We must expedite the filing of this map. Your prompt attention is always appreciated. Thank you for your continued courtesy. i verb yours, i I Patricia C. Moore i CC : Kieran Corcoran, Esq. I I i DRAINAGE EASEMENT AGREEMENT made this day of�Pc�,�885, between Kit Realty Inc. Having an office at 95-, 0 Roosevelt Avenue, Jackson Heights, NY, party of the first part, hereinafter referred to as the "Kit Realty", and the Town of Southold, a municipal corporation having i principal offices located at 53095 Main Road, Southold, New York, party of the second part, i hereinafter referred to as the "Town". I WHEREAS, the Kit Realty herein is the owner in fee of certain real property designated as a "Natural)Vegetation Retention & Drainage Area, being 189,128 s.f., and the "Easement Storm Water Retention Area, being 90,300 s.f. on Lot #27", and as shown on a certain map I entitled "The IIFields at Mattituck" situate at Mattituck, Town of Southold, Suffolk County, New York, surveyed by Young &Young, and filed in the Office of the Clerk of the County of Suffolk i on I _as Map No. See Schedule A attached hereto. I NOW THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the I property owner hereby grants unto the Town, it's successor and assigns, a drainage easement over the " Nat Iural Vegetation Retention & Drainage Area, being 189,128 s.f.," and the "Easement Stoorm Water Retention Area, being 90,300 s.f. on Lot#27" as shown on the filed map, for the inspection, maintenance and repair and replacement of underground drainage structures, storm water retention area, ponding and recharge basin and facilities within such i easement area. The easement conveyed herein shall run with the land and shall be binding upon all purchasers anlld holders of said lot, their heirs, executors, legal representatives, distributees, successors and assigns, and that every purchaser by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the said easements. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed on the day and year first above written. Kit R lty, 7. By: Jos Macari) i State of New York ) ss: County of Sluff ' On this3day o6AQ, 20745 before, the undersigned, personally appeared J Oz-I=P H 4,q C192 f 1 J� personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. APub ' aNs Npeuy public.SWO of Newradt No.01,k 6130M State of New York ) �1 �MJU� ss: County of On this day of , 2005, before, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by hllis/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public I I I 1 , Number of pages TORRENS Serial# Certificate# C� Prior Ctf. # I ' Deed . Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 5• 00 2.Additional Tax TP-584 Sub Total Spec. /Assit. Notation or EA-5217 (County) Sub Total Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town Dual County R.P.T.S.A. ®b� Held for Appointment Transfer Tax V S Comm. of Ed. 5. 00 Mansion Tax � Ho,HDe®�� The property covered by this motgage is Affidavit or will be improved by a one or two Certified Copy I family dwelling only. YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on I Other Grand Total page# of this instrument. 4 1 District Section Block Lot . 5 Community Preservation Fund Real Consideration Amount $ Property CPF Tax Due $ Tax Service Agency Improved Verification Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD I'RECORD &RETURN TO: Patricia C. Moore, Esq. TD 51020 Main Road. Southold, NY 11111 TD 7 Title Company Information Co. Name Peconic Abstract, Inc'. Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration and Covenant Regarding Road Dedication made by:.. and Homeowners Association (SPECIFY TYPE OF INSTRUMENT) Kit Realty, I`nc. The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TV In the Township of Southold In the VILLAGE i or HAMLET of Mattituck BOXES 6 THROUGH 8 MIUST BE TYPED OR PRINTED TN BLACK TNK ONT Y PRTOR TO RRC.(1RN(; n TT T)TR F .TMI DECLARATION AND COVENANT REGARDING ROAD DEDICATION AND HOMEOWNERS ASSOCIATION THIS DECLARATION made the day of by KIT REALTY, INC. , a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372, hereinafter referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck", as shown on Final Plat last dated July 30, 2004 prepared by Young and Young, Licensed Land Surveyors, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk' s Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit. 1 . The subdivision road known as "Stanley Road" and "Fawn Lane" is intended to be dedicated to the Town of Southold and become public roads . However, in the event that the Town of Southold does not accept said roads for dedication, the declarant hereby agrees to create a Homeowners Association which Association will take title to the roads and be responsible for the cost of snow removal, continued maintenance, repair and or replacement of said roads . 2 . The Declarant grants the continuing right in perpetuity .to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to this Covenant and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . 3 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. 4 .These Covenants shall be null and void upon acceptance of the dedication of the roads by the Town of Southold. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. BY: �T eph Macari;-ra -via/ STATE OF NEW YORK ) ss . . COUNTY OF SUFFOLK ) On the d day of y � before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary blic BETSY A PERMNS 11MM Pubfj,SUM of NOW VOA No.O1PE S130MO DjWed In 9906i melon Et�nnb.lusy t PATRICIA C. MOORE Attorney at Law. 51020 Main Road Southold,New York 11971 A Tel: (631) 765-4330 �a` Fax: (631) 765-4643 January 4, 2006 Southold Town Planning Board Jerilyn B. Woodhouse, Chair P.O.Box 1179 Southold, NY 11971 By hand Att : Mark Terry Re: Fields at Mattituck 1000-113-1-1. 1 Dear Mark: In accordance with a meeting with you, Jamie Richter Town Engineer, Kieran Corcoran Esq. , Highway Superintendent, and Dough of Howard Young' s office, to address the Highway Superintendent' s and Engineer' s concerns we agreed to revise the map to change the drainage area from dedication to the Town to an easement area. This change caused an unanticipated delay at the Health Department because the maps had to be reexecuted. The Health Department stamped maps are ready for the Chairperson' s signature . The Covenants regarding the dedication of the roads were previously revised, reviewed and approved by Kieran, have now been signed by my client (enclosed signed copies) and have been forwarded to Peconic Abstract for recording. The enclosed Drainage Easement must be 'signed by the Supervisor as it will be recorded simultaneously with the map filing:, Once it is signed, we will forward it to the title company for recording. We must expedite the filing of this map. Your prompt attention is always appreciated. Thank you for your. continued courtesy. 4 j(} j very truly yours, Patricia C. Moore c.c : Kiera-n Corcoran_; Esq.- DRAINAGE EASEMEN'. � to.THIS AGREEMENT made this day 4Ac ) b.etween Kit Realty Inc. Having an office at 95-40 Roosevelt Avenue, Jackson Heights, NY, party of the first part, hereinafter referred to as the "Kit Realty", and the Town of Southold, a municipal corporation having principal offices located at 53095 Main Road, Southold, New York, party of the second part, hereinafter referred to as the "Town". WHEREAS, the Kit Realty herein is the owner in fee of certain real property designated as a "Natural Vegetation Retention & Drainage Area, being 189,128 s.f., and the "Easement Storm Water Retention Area, being 90,300 s.f. on Lot #27", and as shown on a certain map entitled "The Fields at Mattituck" situate at Mattituck, Town of Southold, Suffolk County, New York, surveyed by Young &Young, and filed in the Office of the Clerk of the County of Suffolk on. _as Map No. See Schedule A attached hereto. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, the property owner hereby grants unto the Town, it's successor and assigns, a drainage easement over the " Natural Vegetation Retention & Drainage Area, being 189,128 s.f.," and the "Easement Storm Water Retention Area, being 90,300 s.f. on Lot #27" as shown on the filed map, for the inspection, maintenance and repair and replacement of underground drainage structures, storm water retention area, ponding and recharge basin and facilities within such easement area. The easement conveyed herein shall run with the land and shall be binding upon all purchasers and holders of said lot, their heirs, executors, legal representatives, distributees, successors and assigns, and that every purchaser by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the said easements. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed on the day and year first above written. Kit R lty, '3n�. By: Jos 01 Macari) Te_ -fie State of New York ) ss: County ofSv�6 ` Le On thi-cG ay o6AO, 2N5, before, the undersigned, personally appeared ).OSLP H kiA cq 21 I-j2. personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. otary Pub ' siowY pu4 w Sw d NOW Y" State of New York ) ss: County of On this day of , 2 )0&,, before, the undersigned, personally appeared 5 e a r r A) . cJ personally known to me or proved to me on the basis of satisfactory evidence to the be individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Not4y Public L A NOTARY PUBLIC,COOPER New York No.01C04822563, Suffolk Coun y Term Expires December 31,20 s- - MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE �o SOUTI Southold, NY 11971. Chair O OFFICE LOCATION. KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR rn 54375 State Route 25 GEORGE D.SOLOMON �p (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Ol� Southold, NY Telephone: 631 765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott Russell, Supervisor From: Anthony Trezza, Senior Planner Date: January 19, 2006 Re: Fields at Mattituck Drainage Easement 1000-113-1-1.1 Enclosed,please find the Drainage Easement in connection with the above-referenced subdivision. The Town Attorney and planning staff have reviewed the agreement and find it to be acceptable. Please sign and have notarized where indicated and return to the Planning Department as soon as possible. Please call me if you have any questions. MAILING ADDRESS: PLANNING BOARD MEMBERS OF sv�jyo P.O. Box 1179 JERILYN B.WOODHOUSE �Q l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS ds Town Hall Annex KENNETH L.EDWARDS G �p 54375 State Route 25 MARTIN H.SIDOR �Oly (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON coum� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 16, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: The Fields at Mattituck Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Ms. Moore: In my last letter to you, dated June 14th, I failed to include the following item to the list of items that must be addressed relative to the terms of the Stipulation Agreement. This item is as follows: 1. The final map must contain a statement to the effect that the roads and associated drainage areas are (or will be) offered for dedication to the Town of Southold. Sincerely, l/Cf�iGe' v�-ci Valerie Scopaz, AICP Planning Director VS:ck cc: Frank Isler, Esq. Kieran Corcoran, Esq., Asst. Town Attorney James Richter, Town Engineering Inspector MAILING ADDRESS: PLANNING BOARD MEMBElin ��F sorry P.O. Box 1179 JERILYN B.WOODHOUSE QV' Ol0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex KENNETH L.EDWARDS �� 54375 State Route 25 MARTIN H.SIDOR Ol� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON 'rou i`v Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 14, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: The Fields at Mattituck Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Ms. Moore: In response to your letter, dated June 8th, please note the following: 1. Please submit a copy of the revised filed Covenants & Restrictions for our records. 2. The issue is not whether most subdivision maps contain setback tables. The issue is the fact that the clustered lots vary greatly in size and shape. As presently drawn, it is difficult to determine precisely what the permitted setbacks are because they are not consistently shown on every single lot. I suggest placing the specific setbacks (as noted in the Stipulation Agreement) on the map in a table format because that will be less time consuming for the surveyor (hence less expensive for your client). The intent here is to make the filed map as clear as possible for the convenience of any future lot purchaser, his/her lawyer or agent, and a building permit examiner in determining the permitted setbacks in this cluster subdivision. This is the inherent purpose of filing any final plat. 3. As for the Homeowners Association, given that the dedication of roads may or may not take place at some point in the future, a filed version of homeowners association bylaws is necessary. Note also that a 25' wide right-of-access from Bergen Avenue to property owners to the north remains intact through the 189,128 square foot drainage area. This would have to be extinguished prior to the Town accepting such land for drainage purposes. 4. The following items from Schedule A, Paragraph 1. Final Map are missing from the final maps: a. Location of two fire hydrants or fire wells. b. Legend for Lots # 13 and 14 indicating that the building envelope overlaps with a 200 foot non-pollution buffer for a public water supply well. As stated in the stipulation "This potential restriction by the Suffolk County Water Authority on the use of these his should be clearly marked on the final plat and within the deeds v for the benefit of potential buyers and subsequent lot owners." (This sentence could be put in a legend on the plat.) Sincerely, Valerie Scopaz, A P Planning Director VS:ck cc: Frank Isler, Esq. Kieran Corcoran, Esq., Asst. Town Attorney James Richter, Town Engineering Inspector MAEL ING ADDRESS: PLANNING BOARD MEMBERS ��OF so�ryo P.O.Box 1179 JERILYN B.WOODHOUSE �Q �O Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS �QQ 54375 State Route 25 E MARTIN D H. 0 SIDOR N �l� (cor.Main Rd. &Youngs Ave.) G �um Southold,NY Telephone: 631 765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 8, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: The Fields at Mattituck Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Ms. Moore: On reviewing your letter and submission,-dated June 3, 2005, 1 find that I am unable to present the maps to the Chairwoman for signature. The following items set forth in the attached copy of the Stipulation Agreement are missing: 1. Filed copy of revised Covenants & Restrictions as per our letter of May 24, 2005. 2. A table of dimensions (bulk yard setbacks) of the clustered lots is not located on the plans. 3. There is no record that Home Owner's Association By-Laws have been filed. 4. The potential restriction on Lots 13 and 14 regarding construction within the 200 foot non-pollution buffer is not clear. A copy of the last set of Road and Drainage Plans, dated July 20, 2004, that was submitted to this office on August 10, 2004 has been sent to Jamie Richter, Engineering Inspector, for his review and to confirm that the plan and the proposed final plat are in conformance with each other and with the performance bond estimate. You will be informed if there are any questions or if revised plans are required. As per the Stipulation Agreement, six paper copies of the final plat will be required. Ve truly yours, ��alerie Scopaz, AIC 7 Planning Director VS:ck Encl.: Mylars cc: Frank Isler, Esq. Kieran Corcoran, Esq., Asst. Town Attorney James Richter, Town Engineering Inspector I PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 June 16, 2005 Southold Town Planning Board V� Jerilyn B. Woodhouse, Chair P.O.Box 1179 Southold, NY 11971 By Fax F•� Att: Valerie Scopaz Re: Fields at Mattituck 1000-113-1-1.1 Dear Valerie: I am in receipt of your letter dated June 14, 2005 . I would request a meeting with you, Jamie Richter Town Engineer, Phil Siegal Esq. , Howard Young, and Tom Wolpert so that we can resolve all issues at one time. 1 . Enclosed is a copy of the May 20, 2005 filed Covenants (previously given to you) . I highlighted the language which you requested be included in the Covenant. 2 . I will have Young & Young place the following setbacks on the map: Front 40, rear 50, side 15, both sides 35, lot coverage 20% . However, before we do this Howard wants to discuss this with you. The building envelopes provided a cleared picture since many lots have larger buffer areas then clustered rear yard setbacks . This may lead to confusion. 3 . I would like to discuss how we can achieve dedication of the roads : We will start by adding a notation to the map that "the roads are to be dedicated" . The performance bond will assure proper construction, the owner does not want to keep the roads and we see no reason why the Highway Superintendent would not wish to accept these roads . The 4-acre Natural Vegetation Retention & Drainage area can either be an easement to the Town which includes the pipe and recharge area with the owner of lot 27 retaining title to the property, or fee title of the 4 acres to the Town, subject to the right-of-way. The right- of-way is unimproved and the only persons having a right to pass are the northerly waterfront property owners who have asked that the boundary between their property and this subdivision be fenced. They will not want to open up the access because it would allow this subdivision to travel through their properties to Ruth Road. The owner never intended to create a Homeowners Association. 4 . Lot 13 and 14 have the 200 ' non-pollution buffer. I have a call into John Milazzo, Esq. From the Water Authority to ask if there are any restrictions applicable to homeowners . If there are, we will address them accordingly. I will advise you of his answer when we meet. Please have Carol or Linda call my office to give me your schedule and Phil Siegal's schedule, I will contact Mr. Young. Thank you for your continued courtesy, Very truly yours, J 4atricia C. Moore CC: Phil Siegel Esq (By fax: 727-4130) Kieran Corcoran, Esq. James Richter PATRICIA C.MOORE `Att(-irji4r,3,at L,,iw 1020 Mkiin.Ro.i(l Southold,. iNov York 11971 T,--!:f'631)?65-4330 Ea.-(6,31)'7165-4643 JUN June U. 200� Southold Town Planning Board Jerilyn B. Woodhouse, Chair P.O'Bc;c 1779 Southold, NY 11971 By Fax Att: Valerie Scopaz Re: Fields at Hattituck 1.000-113-1-1.1 Dear Valer Le: in response to your let-r-er of:: Jan-.Je 8, 200,53 pl.,Rase the -iw4ng responses to your nittnihered iteirts : 1. I filed the revised Covenants & Rest'rict-ions if recall it had been approv-ed ID-jr you, signed I-T��' rm, client and" sr-ril. out ' we r, we received a pilo-ae call t';,aome for record4�n_'�.,. Ho -ve I s changes were requested. L,-Le madq_the recaiested chang.t--is to the documen-_ -oiit"ft the. client 's con.sent—and forwarde-I paragraphs to the title company to replace the, pages in. the documen'_ already forwarded to them r.cr recording. The document is dated May 20'.." beicause that N,.ras the ori.ginal date of 1TOY client-'s signature, howa',7er, it Includes al.-I be chat g-es horn 'your Marv24`1'° letter. 2. in response to that request the surveyor placed a nota"L.-Lon an the map regarding the setbacks applicable- to a cluster. "See notation below Thomas Wolpert's signature) Each lot has the applicable building envelope on it. According to Hol,,;are. Yo-arg, surveyors do not generally place a bulk schedule on the map when the buildIng envelopes are shown with the cluster notation. 3. Th�e roads are being ded-J --ated to the To-i,<n. T'ne-re are no ccmmaon areas which would riecessitate a Hct[iecx,-inprs, A...,s,-,C:;*.?-.,'-..-ion filing. 4. Lot 1.3 and 14 has the 20V non-poll-ut'j.on, bu-'f-er. "I"Ilis generally used by the Health Depar-1-trieni: in. order to lin"t placement of sanitax-y systems. I don' t see a need for further notations on the. map. We delivered all of the prints in my possscssioxa (�five p a P.e r prints) I will. make an additional print from thie myla.r. C*9* SSL IC9 801jJ0 Mel 8jOOW cloo :aj So Go unC NI.17 client is anxious to camplete this map filing. The riap vTas completed several months ago, the delay Trras caused by the bond requirements . Ul.uimately,. a letter of: credit .%ras submitted. I believe everything is in your file, pie— se advise -t«,e why you returned the mylars. You still have the print-s. Please call me, it may be easier if we meet to gl over any issues rather than send letters back and forth. Thank you for your continued courtesy, very truly yours, /J Vic. i_ria C; Moore Z 'd E-bsir SOL T E9 ao z f jo me-1 ajoow d9El :Z T So Go un Ys PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 Robert G. Kassner Margaret Rutkowski Legal Assistant Legal Secretary June 3, 2005 Ms . Jeri Woodhouse, Chairwoman Southold Town Planning Board Town Hall 53095 Main RoadIl -,� P.O. Box 1179 Southold, NY 11971 Att: Mark Terry JUN - 2005 (BY HAND) I Re : The Fields at Mattituck � _- 0:.,riC,lr 1 ,I Bergen Avenue, Mattituck SCTM #1000-113-1-1 . 1 Dear Ms . Woodhouse : Enclosed for final Planning Board approval are: 1 . Five paper copies and six mylars of the final map with updated County Health Department stamp and liber & page of recorded covenants and restrictions for Chairpersons signature 2 . Check# 10520 dated May 18, 2005, in the amount of IVJ $135, 000 in payment of the Parks & Recreation fee. 3 . Check# 1439 dated June 3, 2005, in the amount of $35, 300 . 58 in payment of the Parks & Recreation fee. 4 . North Fork Bank letter of credit dated May 18, 2005 in the aggregate amount of $588, 343 for bond estimate . As soon as the chairwoman signs the map, I will have them filed with the County Clerk. If you have any questions, or require additional data, please contact this office . Very truly yours, Patricia C. Moore Encls cc: Joseph T. Macari, Sr. North. Fork' ' A , - - 05/18/2005 s ' l J U.N -, , 2M, `BENEFICIARY T,ONM OF SOUTHOLD . 'TOWN HALL'- .. • �; - • 53095'STATE ROAD Z'S SOUTHOLMAY 11971-0959 - RE IRREVOCABLE STANDU YL/CriNUMBE10330,001115 FOR USD'5$8,343,00q. FOR ACCOUNT OF :WIPTHAVEN ASSOCIATES LC - - 7 WELLIN,GTON ROAD Gentlemen ..By order arid,for account of Winhaven-•Associates'LL ,`weherbuouirevoe cable Letter Of Credit No., 333.0001115 m your for up.to an aggregate 'amount`of LTS$588;343 00' (Five Hundred Eighty Eight.Thousand Three.:Hundred Forty Three`and 00/100'United States Dollars), effective immediately and expiring at our counters.'at 1001 Aveliue of the Americas New Yorke NY 10018 on May 17, 2006 at 3:_00'P,10t. Funds under;this Letter of Credit'are available by your sight draft(s) drawn on us,:indicating our Letter of Credit No 333000111'5'and'accompaniedby the following'documents 1 The ongmal of this Letter o£Credit and subsequent amendments if.any 2:'Beneficiary's sighed..statement=certifying,',;"Winhaven Associates LLC has failed:to.construct, install, make,` repair and maintain the improvements shown, on'the,subdivision plat or .map entitled;"The'•Fields At Mattituck" dated January 1, 1996, last,revised on-July. 30, 2Q04.:prepared b Young&Y6W,1g'and comply,with all other conditions am yequireinents:of a Regolution of�the Southold Town Plmiii ' Board -adopted on September 13, `2004 -acid.,:the Stipulation- -of. , Settlement and Schedule A:attached to Said Resolution". Draft(s)'. drawn must, state,.,"Drawn under North Fork Bank Letter. `of Credit.No. 3330.001-115 dated 1V1ay 1$, 2005" Partial drawings are-permitted: We hereby engage with you to'"honor youur.draft(s) as gpecifed, above..when accompanied by :do.cuments in:confc6i ity,with the aeringj an;&conditions of I is Letter ofJCredit when presented to us at.North.Fork Bank, 1001 Avenue.of the Americas, New fork; NY 1001;8;Attention:,Trade Finance Department';oii or-,before 1the;expiration date." . ;Address all correspondence iegarding this Letter 'of,Credit to:,the above;.mentioned. address. mentioning°specifically our'Letter of Credit No. 3330.001115 Except as far-as othe wise'expresgly stated herein, this Letter of Credit;is subject toahe Uniform, Customs, and. Practce for Document Credit 1993,;Revision :International Chamber of _ ( . ), Commerce Publication No '500. Al. THORIZED SIGNATURE KURi Pres=IAN NORTH'F CZRa E N .. 1001 Avenue of the Americas,New York, Y 10018, Telephone: (212)764-0775,'Fax (212)944-5447- = -` -Telex:49665245 NFORK BK,SWIFT"NFBKUS33 t MAILING ADDRESS: PLANNING BOARD MEMBERS *rjF SUUTy� South hold,Box 1179 1971 JERILYN B.WOODHOUSE �� �� Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS �pQ 54375 State Route 25 MARTIN H.SIDOR O�p (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON v�'QU ,� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 24, 2005 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: The Fields at Mattituck— Draft Covenants & Restrictions Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Ms. Moore: I have reviewed the Draft Covenants & Restrictions for the above-referenced project and find that they appear to be acceptable with two exceptions: 1. I do not see in the-document the provision required in III (2)© of Schedule A to the Stipulation. That required the location and restrictions of the Natural Vegetation Retention Buffers and Storm Water Retention Easement Area to be noted within the deed description of each lot. 2. "Commercial Composting" should be excluded from the list of farm operations allowed on the property as noted in Paragraph 1(a). Very truly yours, f�u Valerie Scopaz, AICP Planning Director VS:ck I OJ I !Lf'#I JV JIYI I I f1,1'IIV f�CL�I CIIY,L I I:I.7:4.1 a-In. Va-c,s-zUV.', l!I SMITH, FINKELSTEIN, LUNDBERO, ISLER AND YAKABOSKI,LLP ATTORNEYS AND COUNSELORS AT LAW 456 GRIPPING AVENUE,CORNER OF LINCOLN STREET P.O. BOX 389 HOWARD M.FINKELS1'SIN RIVERHEAD,N.Y.119 01-02 0 3 FRANCIS J.YARABOSKI PIERRE 0,LUNDBERO FRALKK A.ISLMR (631) 727-4100 OF COUNSEL SUSAN]ROGERBENT9 S ORUN 6AIR 6.$ETT FAX (631) 727-4130 REGINALD C.SMITH 1926-1983 JEANMARYE (3uNDERSON E-MAIL 9fhy@peconic.net PHIL SIZOEI JAYNE ST.JAMES FAX COVER SHEET TO: Valerie Scopaz _ FROM: Frank A. Isler, Esq. DATE: May 23,2005 MAY 2 3 2005 � TELECOPY NO 765-3136 NO. OF PAGES TO FOLLOW: 0 ` RE: The Fields at Mattituck C&Rs Dear Valerie: I have reviewed the proposed covenants and restrictions and have just two comments: I do not see in the document the provision required in III(2)(c)of Schedule A to the stipulation. That required the location and restrictions of the Natural Vegetation Retention Buffers and Storm Water Retention Easement Area to be noted within the deed description of each lot. The list of farm operations in paragraph I(a): The issue sometimes arises whether commercial composting is a common farm activity/product. If there is a desire not to allow commercial composting, that should be specifically excluded in the list in the subparagraph. If you have any questions,please do not hesitate to call. Frank. IF THERE ARE ANY PROBLEMS WITH TRANSMISSION,PLEASE CALL(631)727-4100. THIS TRANS.11tI4SIOV IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITYT'0 WHICHIT IS ADDRESSED,AND;VIAY CONTAIN CONFIDENTIAL INFORMATION BELONGING TO THE SENDER WHICH IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE OR OTHER DOCTRI.YB. IF YOG' ARE NOT THEINTENDED RECIPIENT, IOUARE HEREBY NOTIFIED THATANYDISCLOSURE, COPYING DISTRIB UTIONOR THE TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS INFORMATION IS STRICTL YPROHIBITED. IF YOUHA VE RECEIVED THIS TRANSMISSION IN ERROR,IMMEDIATELY NOTIFY US BY TELEPHONE TO ARRANGE FOR ITS RETURN, P.O. Box 1179 53095 Route 25 Southold, NY 11971 Southold Town Phone: (631) 765-1938 Planning Board Fax: (631) 765-3136 E-Mail: planning@southold.org Fax To: Frank Isler, Esq. From: Valerie Scopaz/Carol Fax: 727-4130 Pages: 8 (including cover) Phone: 727-4100 Date: 5/20/05 Re: The Fields at Mattituck C & Rs CC: Urgent For Review lease Comment Please Reply As Requested The following Covenants & Restrictions appear to be acceptable. Please review and provide me with your comments. Thanks. MAG PLANNING BOARD MEMBERS 'of SU(/ryO P.O. BoADD7RE.SS: JERILYN B.WOODHOUSE �Q o Southold,NY 11971 Chair SO OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G ,��aa�QQ 54375 State Route 25 MARTIN �OIyC�UIY l,�`(,v (cor.M Youngs Ave.) GEORGE D SOLOMON Southold,NY IY 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Kieran Corcoran, Esq., Asst. Town Attorney From: Valerie Scopaz, AICP, Town Planning Director Date: March 18, 2005 Subject: KIT Realty, Inc./The Fields at Mattituck, Draft Covenants & Restrictions SCTM#1000-113-2-1.1 Your input on the attached draft Covenants & Restrictions would be appreciated. If you recall, this subdivision was "approved" by court order. VS:ck r ' PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 March 8, 2005 Southold Town Planning Board Southold Town Hall PO Box 1179 Southold, NY 11971 Attn: B Dear Bruno: Enclosed please find a draft of the Covenants and Restrictions for Kit Realty, Inc. regarding "The Fields at Mattituck", Mattituck, NY for your review. If you have any questions, please do not hesitate to contact me. Ve 'truly yours, Patricia C. Moore ( �" PCMImr Enclosure VA {' a .J DECLARATION AND COVENANT THIS DECLARATION made the day of by KIT REALTY, INC. , a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372 , hereinafter referred to as the Declarant, states as follows : WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant ; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck" , as shown on Final Plat last dated July 30, 2004 prepared by Young and Young, Licensed Land Surveyors, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval , the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk' s Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel ; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit : 1 . The use and development of the portion designated as Agricultural and Open Space Easement Area on Lot Number 27 of the Fields at Mattituck subdivision, will forever be restricted to some or all of the following : (a) Farming operations and activities (including soil preparation; cultivation, fertilization, irrigation, pest control and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans) , fruits (including without limitation, apples, peaches, grapes, cherries and berries) ; vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions) ; horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flo�ers) ; and all other farm products ; (b) Open fallow; (c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; (d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 2 . The following shall be adhered- to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of v - the aesthetic open space and the agricultural value of said premises : (a) If at any time the ownership of the area shall change, or the use of the area shall be changed. from the use present at the time of subdivision approval (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report . The Planning Board shall have the right to require updated reports when deemed necessary- (b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. (c) No top soil , loam, sand, stone, gravel , rock or minerals shall be excavated or removed therefrom or placed thereon. (d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would- result in increased erosion of said premises . (e) No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted thereon. (f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control , no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut . or removed therefrom. (g) No dumping, placement, storage ,,or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive v material shall be permitted on or within the said premises . (h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. (i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 27 as designated on the final subdivision plat for "The ' Fields at Mattituck" . Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval . (j ) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval . (k) The aforementioned not withstanding, specifically permitted shall be the construction of underground utilities, including public water supply. (1) Subject to the existing and/or relocated 25 ' wide Right of Way from Stanley Road to Bergen Avenue. 3 . That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with -the covenants, terms and provisions have not been violated, such inspection to be at reasonable times . 4 . There shall be no- further subdivision of any lot within the subdivision within perpetuity. 5 . Lots 1 through 21 and part of Lot 27 identified on the map as "Easement Storm Water Retention Area" are subject to the following: There shall be no disturbance of any kind within. the Non Disturbance Natural Vegetation Retention buffer area, except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, within this area and the prohibition of and any type of grading or clearing of the natural growth within this area. The Declarant covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat . It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat . No clearing is permitted in .the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with an approved plan by the_ Southold Town Planning Board with species native to the State of New York. Notwithstanding the above, the Natural & Undisturbed Vegetative Retention Buffer may be supplemented with additional native vegetation without Planning Board Approval and a fence, may be located along the north property line of the subject premises (lots 1 , 2 and 3) . 6 . The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 9 7 . Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . JThese rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees , successors, assigns and transferees . 8 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. BY : Joseph Macari STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) On the day of before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument , the individual, or the person upon behalf of which the individual acted, executed the instrument . Notary Public MAILING ADDRESS: PLANNING BOARD MEMBERS *0 SO yo Southold,,Box 1179 11971 JERILYN B.WOODHOUSE �Q �� Chair OFFICE LOCATION: WILLIAM J.CREMERS c/a Town Hall Annex KENNETH L.EDWARDS �QQ 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON Coo Southold, NY Telephone: 631 765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attorney From: Mark Terry Senior Environmental Planner Date: March 14, 2005 Re: Draft Covenant and Restrictions for Fields of Mattituck 1000-113-2-1.1 Please review and comment. Enc. DECLARATION AND COVENANT THIS DECLARATION made the, day of , by KIT REALTY, INC. , a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372 , hereinafter referred to as the Declarant , states as follows : WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck" , as shown on Final Plat last dated July 30, 2004 prepared by Young and Young, Licensed Land Surveyors, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk' s Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel ; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding .upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit : 1 . The use and development of the portion designated as Agricultural and .Open Space Easement .Area on Lot Number 27 of the Fields at Mattituck subdivision, will forever be restricted to some or all of the following : (a) Farming operations and activities (including soil preparation; cultivation, fertilization, irrigation,,, pest control and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans) ; fruits (including without limitation, apples , peaches, grapes, cherries and berries) ; vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions) ; horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers) ; and all other farm products; (b) Open fallow, (c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; (d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 2 . The following shall be adhered. to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and the agricultural value of said premises : (a) If at any time the ownership of the area shall change, or the use of the area shall be changed. from the use present at the time of subdivision approval (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report . The Planning Board shall have the right to require updated reports when deemed necessary. (b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. (c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. (d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises . (e) No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted thereon. (f) Except as may be required for reasons of irrigation, > drainage, sanitation or disease control , no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut or removed therefrom. (g) No dumping, placement, storage or burning ofoany liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises . (h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. (i) All - structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 27 as designated on the final subdivision plat for "The Fields at Mattituck" . Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval . (j ) Retail sales shall be restricted to the sale of items produced on the property, . and shall be subject to Planning Board approval . (k) The aforementioned not withstanding, specifically permitted shall be the construction of underground utilities, including public water supply. (1) Subject to the existing and/or relocated 25 ' wide Right of Way from Stanley Road to Bergen Avenue. 3 . That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or .persons from the use of or entry upon the said Open Space Easement Area, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times . 4 . There shall be no further subdivision of any lot within the subdivision within perpetuity. 5 . Lots 1 through 21 and part of Lot 27 identified on the map as "Basement Storm Water Retention Area" are subject to the following: There shall be no disturbance of any kind within. the Non Disturbance Natural Vegetation Retention buffer area, except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, within this area and the prohibition of and any type of grading or clearing of the natural growth within this area . The Declarant covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat . It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat . No clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with an approved plan by the Southold Town Planning Board with species native to the State of New York-.- Notwithstanding the above, the Natural & Undisturbed Vegetative Retention Buffer may be supplemented with additional native vegetation without Planning Board Approval and a fence may be located along the north property line of the subject premises (lots 1, 2 and 3 ) . 6 . The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. 7 . Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . 8 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. BY: Joseph Macari STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) On the day of before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is Y subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument , the individual , or the person upon behalf of which the individual acted, executed the instrument . Notary Public PATRICIA C.MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 March 8, 2005 Southold Town Planning Board Southold Town Hall PO Box 1179 Southold, NY 11971 Attn: B`—s Dear Bruno: Enclosed please find a draft of the Covenants and Restrictions for Kit Realty, Inc. regarding "The Fields at Mattituck", Mattituck, NY for your review. If you have any questions, please do not hesitate to contact me. Ve truly yours, Patricia C. Moore PCM/mr Enclosure `-`, MAR 1 0 2005 DECLARATION AND COVENANT THIS DECLARATION made the day of , by KIT REALTY, INC. , a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372 , hereinafter referred to as the Declarant, states . as follows : WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck" , as shown on Final Plat last dated July 30, 2004 prepared by Young and Young, Licensed Land Surveyors, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk Couny Clerk' s Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel ; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit : 1 . The use and development of the portion designated as Agricultural and Open Space Easement Area on Lot Number 27 of the Fields at Mattituck subdivision, will forever be restricted to some or all of the following : (a) Farming operations and activities (including soil preparation; cultivation, fertilization, irrigation, pest control and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans) ; fruits (including without limitation, apples, peaches, grapes, cherries and berries) ; vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions) ; horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers) ; and all other farm products; (b) Open fallow; (c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonably necessary by the Planning Board; (d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 2 . The following shall be adhered. to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and the agricultural value of said premises : (a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report . The Planning Board shall have the right to require updated reports when deemed necessary. (b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. (c) No top soil , loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. (d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises . (e) No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted thereon. (f) Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut or removed therefrom. (g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises . (h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. (i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 27 as designated on the final subdivision plat for "The Fields at Mattituck" . Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval . (j ) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval . (k) The aforementioned not withstanding, specifically permitted shall be the construction of underground utilities, including public water supply. (1) Subject to the existing and/or relocated 25 ' wide Right of Way from Stanley Road to Bergen Avenue. 3 . That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times . 4 . There shall be no further subdivision of any lot within the subdivision within perpetuity. n 1 7 . Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants . These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees . 8 . These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. BY: Joseph Macari STATE OF NEW YORK ) ss . : COUNTY OF SUFFOLK ) On the day of before me, the undersigned, a notary public in and for said State, personally appeared Joseph Macari personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is 5 . Lots l through 21 and part of Lot 27 identified on the map as "Easement Storm Water Retention Area" are subject to the following: There shall be no disturbance of any kind within. the Non Disturbance Natural Vegetation Retention buffer area, except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, within this area and the prohibition of and any type of grading or clearing of the natural growth within this area . The Declarant covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat . It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat . No clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with an approved plan by the Southold Town Planning Board with species native to the State of New York. Notwithstanding the above,. the Natural & Undisturbed Vegetative, Retention Buffer may be supplemented with additional native vegetation without Planning Board Approval and a fence may be located along the north property line of the subject premises (lots 1 , 2 and 3) . 6 . The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual , or the person upon behalf of which the individual acted, executed the instrument . Notary Public PATRICIA A.FINNEGAN JOSHUA Y. HORTON `1 TOWN ATTORNEY �QSVFF01 C� Supervisor patricia.finnegan@town,southold.ny.us o�0 Town Hall Annex, 54375 Route 25 KIERAN M. CORCORAN CAZ P.O. Box 1179 ASSISTANT TOWN ATTORNEY. Southold, New York 11971-0959 kieran.corcoran@town,southold.ny.us • Telephone (631) 765-1939 LORI#IULSE MONTEFUSCO Facsimile (631) 765-6639 ASSISTANT TOWN ATTORNEY lori.montefusco@town.southold.ny.us OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Members of the Planning Board From: Patricia A. Finnegan, Esq., Town Attorney Date: August 16, 2004 Subject: Kit Realty, Inc. v. Elizabeth Neville, et a/. Attached is the original Stipulation of S�ttlement in connection with the referenced action, which has been executed by Kit Realty, Inc. and their attorney, Patricia Moore, Esq. Kindly have Ms. WooKuse sign the Stipulation where indicated and return it to me as soon as possible. Upon receipt, I will forward the original document to Frank Isler, Esq. Thank you for your attention. If you have any questions, please do not hesitate to call me. PAF/Ik Enclosure r 1 AUG 8 20M Southold Town Plannina Boar, Jul 30 . 040-110: 4.6aAM yM Moore . Law VOff ice 8317654643 p. 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------- ---------------X Assigned to Justice KIT REALTY, INC. , MARY M. WERNER 372 JERICHO CORP. Petitioner, -against- ELIZABETH NEVILLE in her capacity as Index No. 01-13878 SOUTHOLD TOWN CLERK and the SOUTHOLD TOWN PLANNING BOARD, Res.pondents. ___-------------------- ---------------X STIPULATION OF SETTLEMENT IT IS HEREBY STIPULATED AND AGREED between the parties i hereto that the above Article 78 proceeding is settled upon the j following terms and conditions: 1. The Southold Town Planning Board shall grant final subdivision approval incorporating the terms and conditions set forth in Schedule A attached hereto. Upon the petitioner's satisfying the terms arid conditions set forth in Schedule A, the chair of the Planning Board shall sign the final map. 2 . The within Ar icle 78 proceeding shall be and the same hereby is discontinued with prejudice, without costs to either party. 3 . Any breach of this stipulation can be enforced by a mandamus proceeding anc the prevailing party shall be entitled 1 . Jul 3004 10: 46a Moore Law Office 6317654643 p. 3 to recover from the otter its costs and expenses in prosecuting/defending such proceeding, including its reasonable attorney fees. Dated: August _, 200 KIT REALTY, CORP, TOWN PLANNING BOARD 372 JERICHO CORP. TOWN CLERK Petitioner Respondents By: . BY: Patricia Moore, Esq. Frank A. Isler, Esq. Attorney for Petitioner Smith, F=nkelstein, Lundberg, Isler and Yakaboski LLP. Attornelis for respondents 2 SCHEDULE A I. Final Map 1. The final map should show the following: a. Updated County Health Department stamp. b. The location of two fire hydrants or wells as required by the Mattituck Fire District and the Suffolk County Water Authority, if applicable. C. Building envelopes or a table of dimensional requirements. i. Since this subdivision is a clustered subdivision, the Planning Board has provided for alternative setbacks. Fulfilling this requirement will save future property owners from needing to apply to the Zoning Board of Appeals for relief of the setback requirements. See letter dated March 8, 1996 for the applicable setback requirements. ii. Two lots in this subdivision (#'s 13 & 14) show a building envelop, overlapping with a required 200' non-pollution buffer for a public water supply well. This potential restriction by the Suffolk County Water Authority on the use of these lots should be clearly marked on the final plat and within the deeds for the benefit of potential buyers and subsequent lot owners. d. A-C Agricultural Conservation Zoning District. e. The following statement: This is a Cluster Subdivision that has been designed in accordance with Section 278 of New York State Town Law. The building envelopes and setbacks noted on this final plat were determined by the Southold Town Planning Board and shall apply to each of the lots on this plat and as shown on this plat. f. The Liber and Page numbers of all filed Declaration of Covenants and Restrictions. See Section III, Legal Documents, below, for further details. 2. The final map shall be amended to omit the following statement: "Principal building & accessory setbacks for all lots in this development shall conform to the "HD" Hamlet Density Residential Zoning Use District." The following set backs and lot coverage are required: r . Front yard: 40 feet Rear yard: 50 feet Side yard: 15 feet Both sides: 35 feet Lot coverage: 20% The final map shall show a right-of-way through lot 2 and lot 3 and shall show an access to Bergen Avenue through the agriculture and Open Space easement area. If the access for the properties to the north of the subdivision is resolved, a right-of-way extinguishment agreement.will be filed The covenant and restriction filed by the developer provide notice to the owners of lots in "The Field's At MattitucW'that the right-of-way through lot 2 and lot 3 and the access to Bergen Avenue is not for their benefits and that that access is subject to being extinguished'. Il. Final Road and Drainage Plans/Performance Guarantee 1. The submission of three sets of final plans and road profiles. 7 2. The submission of a performance bond guarantee to cover the performance bond estimate as updated in 2004 by the Town Engineering Inspector. 3. The payment of the inspection fee (to be determined by the Town Engineering Inspector). III. Legal Documents 1. A filed version of the Homeowner's Association Bylaws wherein road maintenance and maintenance of the natural retention and drainage area will be provided for unless the road, natural retention and drainage are to be dedicated to the Town.. 2. Filed Declaration of Covenants and Restrictions noting the following: a. The terms outlined in the attached Terms for Agricultural and Open Space Easement Area. These areas will be subject to an access to Bergen Avenue until such time as that access is extinguished. b. A statement that there shall be no further subdivision of any lot within the subdivision in perpetuity. C. That the location of(and the restrictions pertinent to) the Natural Vegetation Retention Buffers or the Stormwater Retention Easement Area shown on the final plat shall be noted within the deed description of each lot. d. That there shall be no disturbance of any kind within the Non Disturbance Natural Vegetation Retention Buffer area except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, within this area and the prohibition of and any type of grading or clearing of the natural growth within this area. The DECLARANT covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat. It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat. No Clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance activity is 'conducted will be re-vegetated in accordance with an approved plan by the Southold Town Planning Board with species native to the State of New York. Notwithstanding the above, the / Natural & Undisturbed Vegetative Retention Buffer may be J supplemented with additional native vegetation without Planning Board Approval and a fence may be located along the north property line of the subject premises ( lots 1, 2 and 3). e. The following paragraphs: The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributes, successors, assigns and transferees. A paragraph stating that the covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. V. Fees Payment of the Parks & Recreation fee of $5,000 (Five Thousand Dollars) per lot, (e.g. 27 X 5 = $135,000). Finally, the submission of six (6) paper copies and two (2) mylar versions of the final map will be needed for the Chairperson's signature. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel:.(631)765-4330 Fax: (631) 765-4643 August 10 , 2004 Mark Terry Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 RE: The Fields at Mattituck (Kit Realty/Macari) Dear Mark: In connection with the above referenced matter, enclosed please find five (5) sets of the Final Road & Drainage Plan (Sheets 1 & 2 of 2) , last dated July 30, 2004 and five (5) prints of the Final Plat, last dated July 30, 2004 . If you have any questions, please do not hesitate to contact me . V y tr ours, atricia C. Moore PCM/mm Enclosures -DP CE 1 S AUG 1 0 2004 Southold Town Planning 5aard PLANNING BOARD MEMBERS ��gUFFO�,�co JERILYN B.WOODHOUSE P.O.Box 1179 Chair o y� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO v, • Telephone (631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS Fax(631) 765-3136 y 0� MARTIN H.SIDOR ��.( `�►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 28, 2004 Philip Siegel, Esq. 456 Griffing Avenue Riverhead, NY 11901 Re: The Fields at Mattituck SCTM#1000-113-2-1.1 Dear Mr. Siegel: Enclosed please find maps regarding the above-referenced subdivision, as requested. Please contact our office if we can be of further assistance. Sincerely, Carol Kalin Planning Board Secretary Encls. 9` C SUFFOLK COUNTY WATER AUTHORITY Timothy J. Hopkins Administrative Offices:4060 Sunrise Highway, Oakdale, NY 11769-0901 General Counsel (631)563-0236 Fax(631) 563-0370 March 15, 2004 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Re: The Fields at Mattituck-Joseph Macari, SCTM#1000-113-2-1.001 Dear Ms. Moore: The Suffolk County Water Authority has received an application for water service for the subdivision known as The Fields at Mattituck. According to the information you have provided,the applicant, Joseph Macari, seeks to develop 28 building lots on the parcel and is requesting a connection to the public water system to serve the parcels. At present, SCWA has the capacity to provide water to the proposed development. You have also provided the SCWA with a copy of the.Supreme Court decision in Kit Realty, Inc. v. Elizabeth Neville. The decision compels the Southold Town Clerk to issue a default approval certificate for the subdivision. However,the Town has indicated that it is appealing the decision. SCWA has written to the To-.Am inquiring whether the proposed subdivision is within the Town's water supply area as designated by the Water Supply Map adopted by the Town in 2001. The Town did not respond to SCWA's request. Theref6re, SCWA will treat the receipt of a map signed by the Town Clerk as evidence that the.development is within the water supply area and eligible for service. Upon receipt of the signed map, SCWA will prepare contracts and forward the same to you. Please submit the signed map to the SCWA Assistant Manager, Larry Anderson. Mr. Anderson's address is 2045 Route 112, Coram,New York 11727. Assuming the contracts are executed and returned to SCWA in a timely manner, SCWA will install water mains for the proposed subdivision. If you have any questions in this matter,please feel free to contact me at 631-563-0308. Very truly yours, pECEIVE John C. Milazzo MAR 17 2004 Attorney cc: Town of Southold Planner Southold Town Planning Board PATRICIA C. MOORE m S Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 Margaret Rutkowski Secretary February 28, 2002 Suffolk County Water Authority �,._. ��;�,�"�A ,..p 4060 Sunrise HighwayLl Oakdale, New York 11769-0901 Att : John Milazo Esq. r �) (By Fax 5 6 3-0 3 7 0) 0AX U 1 Re: The Fields at Mattituck- Joseph Macari southoldTown tl Dear Mr. Milazo: '�, �,mIn lazUrd On November 21, 2000 I wrote to Michael Frank,Deputy CEO for Customer Service regarding the status of an application for public water which has been pending with the SCWA since the late 901s . As you know I represent Joseph Macari with regard to his application for subdivision approval from the Southold Town Planning Board. In 1998 this subdivision received final map approval from the Planning Board and Suffolk County Health Department conditioned on public water. The SCWA forwarded a water service contract . The construction contract was signed by my client, however, the Water Authority also required 3 copies of the "Approved Filed Map" . The Planning Board' s policy is that a final map will not be signed by the chairman until a water contract was in their file . This conflict in procedures between the two agencies prevented the contract from being fully executed and the subdivision from being filed with the Suffolk County Clerk. An Article 78 against the Town is pending for default approval, however, the Town and applicant have adjourned the case in an effort to continue good faith negotiations, including cooperation from the SCWA. We continue to offer the SCWA a source of water which will not only benefit the applicant but also the community. The proposed map provides for a 27 . 04 acre lot with a 23 . 7591 acre agricultural & open space easement, the parcel has adequate room for future well sites . Mr. Macari would offer to the SCWA either an easement for a well site or other alternatives acceptable to the Planning Board and Water Authority. We continue our offer to discuss all the alternatives with you or your staff . It is not the client' s desire to litigate with either the Town or the Water Authority. If the Water Authority' s desire is to assure the community adequate water quality and quantity we ask you to seriously consider our offer of a well site and begin a dialogue with the applicant . We respectfully request a current construction contract for the proposed subdivision. Very truly yours, Patricia C. Moore CC : Mr. Joseph. Macari Southold Planning Board SUFFOLK COUNTY WATER AUTHORITY Michael R. Frank 4060 Sunrise Highway, Oakdale, New York 11769 Deputy Chief Executive Officer (631) 589-5206 for Customer Service Fax (631) 563-0356 areuary 3, 2001 i Is. `v`aieric; Scopaz Town Plariaer 7 .�111 yJ;1 JS j0{?1�tha�'ld P.O. Box 1179 Southold, NY 11971 Re: The Fields at Mattituck, Proposed Major Subdivision SCTM#1000-113-2-1.001 Dear Ms. Scopaz: 3,he Water Authority has received the above referenced application for water service from.Joseph Nlacari. The Town granted the project preliminary approval on October 3, 1995. It is does not appear that i:he project received fna.i approval. 'I'he project is located on the north side of Sound avenue in Matti.tuck and has access to Stanley Road. Stanley Road is idemified on the water se vice map adopted by the Town as a road in which a public; water main will be installed. Please advise the Water Authority whether the project is within the water service area as defined by'the'Town. ivIicl:nel R. Frank � - JAN 05 2001 -c: i='at6cia.Moore, Esq., Attorney for %Ix. Macari Southold Town Planning Bard LAW OFFICES PETER S. DANOWSKI, JR. r✓ l 616 ROANOKE AVENUE P.O.BOX 779 RIVERHEAD,NY 11901 (631)727-4900 FAX(631)727-7451 JOHN R TAGGART, ESQ. October 17, 2000 Southold Town Planning Board Town Hall 53095 Main Road 's P.O. Box 1179 Southold, New York 11971 U C T 2 4 2000 Att: Melissa Spiro Southold Town Re: The Fields at Mattituck Planning Bard Joseph T. Macari Dear Melissa: Please be advised that Mr. Macari has hired Patricia C. Moore, Esq. to complete the subdivision process with Southold Town and the Suffolk County Department of Health Services regarding the above project. Kindly send all future correspondence, etc. to Ms. Moore as follows: Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck,NY 11952 Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg cc; Joseph T. Macari Zoumas Home Builders P.O. Box 361 Phone 631-929-4570 Wading River, New York 11792 Fax 631-929-5071 March 17, 2000 Town of Southold Planning Board Attn: Bennett Orlowski, Jr. P.O. Box 1179 Southold, New York 11971 Re: Proposed Major Subdivision The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr Danowski: The above subdivision is being reviewed by Zoumas Homes for purchase. We would like to request an update on the approvals already granted by the Planning Board, as well as, the procedures needed to continue if we were to purchase the subdivision Thank you for your prompt attention and immediate response. Sincerely, ry Zoumas Homes save:mattituckfieldssouthold 17-17 D MAR Z 0 2000 7 Southold down Planning Board? TWOMEY9 LATHAM, SHEA & KELLEY,, LLP THOMAS A.TWOMEY.JR. ATTORNEYS AT LAW STEPHEN B.LATHAM TERRY Z.LUCAS' JOHN F. SHEA, III 33 WEST SECOND STREET JANICE L.SNEAD CHRISTOPHER D.KELLEY P.O. BOX 398 JAY P.OUARTARARO MAUREEN T.LICCIONE RIVERHEAD, NEW YORK 11901 MARTHA L.LUFT DAVID M. DUSINO ROBERT K.HOWARD P. EDWARD REALE TELEPHONE (516) 727-2180 JANE M.BARTON PETER M.MOTT FACSIMILE (516) 727-1767 DWAYNE S.WAGNER JOAN C.HATFIELDt SUZANNE V.SHANE http://www.sutfolklaw.com OF COUNSEL AMY B.TURNER EAST HAMPTON OFFICE ONY B LA BARS 1NY 8 CT BARS 20 MAIN STREET -NY a MASS BARS EAST HAMPTON. N.Y. 11937 (516) 324-1200 HAU PPAUGE OFFICE June 12 , 1998 400 TOWNLINE ROAD HAUPPAUGE. N.Y. 11788 (516) 265-1414 Peter S . Danowski, Jr. , Esq. UMO� plonoS Post Office Box 779 Riverhead, New York 11901 4 Re: Proposed Major Subdivision - E,y, V66 9 F N A P ti�rM The Fields at Mattituck SCTM# : 1000-13-2-1 . 1 {� 7 Dear Mr. Danowski : This firm has been engaged to represent the interests of Mr . and Mrs . Warren B. Brady and Mr. and Mrs . Arthur Burns . As you are aware, they are neighbors to the north to the above referenced subdivision who retain an access easement over the subdivision property to Bergen Avenue. We understand that our clients have been asked to execute quitclaim deeds relinquishing their interests in that easement . However, their willingness to relinquish their easement is predicated on other consideration to be given by the developer which are designed to protect their property values . I have reviewed the correspondence which was submitted to you previously and I have consulted with the Burns and the Brady' s as to their requirements in order to relinquish their easement rights . These requirements are outlined below. Your client has previously offered to install a tap road or roadway connecting my client ' s driveway with your client ' s northerly subdivision road. This is acceptable to them and I have marked a copy of your plot plan to show the appropriate location of this tap road. This right of way transverses a buffer scenic easement area or non-vegetation, non-disturbance retention buffer of approximately 60 feet in width (with a greater width along the western portion) along proposed parcels 1, 2 and 3 . As you know, this buffer area is critical to the protection of our clients ' property values as it serves to minimize the impact of the rear yards of the subdivision parcels to their homes . My client ' s will not accept the Town' s enforcement of this easement and accordingly, they request that this buffer area be deeded to them. They are of course, willing to accept the responsibilities attendant to the ownership of this buffer and zone. My client ' s will also require a six foot high stockade fence which should contain a gate at the point of access onto the subdivision road. This stockade fence would be located on the southside of the easement area and would run east/west along the parcels 1 , 2 and 3 of the subdivision and be installed at your client ' s expense. Finally, Mr. and Mrs . Burns and Mr. and Mrs . Brady will require that all of their reasonable legal fees and expenses in connection with the relinquishment of their easement be paid by your client . I look forward to speaking with you so we can finalize this proposal . If you have any questions, please do not hesitate to contact me. Sincerely, �? JOAN C. HATFIEL JCH:dw Enclosure cc : Mr. and Mrs . Brady Mr. and Mrs . Burns Southold Planning Board OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF SOU,, P.O. Box 1179 54375 State Route 25 O�� /y�l Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Q Southold, NY Telephone: 631 765-1938 www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 17, 2021 LWLR NF LLC C/O William Bressman ... 135 Eastern Parkway Brooklyn,NY 11235 Re: Requirements for Non-disturbance Buffer SCTM#1000-106-8-73, To Whom It May Concern: It has come to our attention that you have cleared an area of your lot that is required to be left in its natural state by covenants from the Southold Town Planning Board. This is known as a non- disturbance buffer and is shown both on the official subdivision map that created your lot, and also in the covenants for your property, which list the requirements in detail. Your lot is Lot 19 on the attached subdivision map. Also attached are the covenants that provide details on the requirements for this buffer. Please contact the Southold Town Planning Department within two weeks of the date of this letter to discuss a remedy for the situation. Contact information: Telephone: (631) 765-1938 E-mail: heatlierl@southol.dto-%NqiU.gov Southold Town Planning Bow. Page 2 March 17,2021 Failure to contact this department within two weeks of the date of this letter will result in a referral to the Town's Code Enforcement department. Sincerely, *ja�, LOc,I'vwt--. Heather Lanza, Town Planning Director cc: Town Building Department Encl. Filed Subdivision Map Covenants OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �F SOUI, P.O. Box 1179 54375 State Route 25 O�� y�l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov O PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 17, 2021 Joseph&_Erin Macari 495 Benrietts Pond Lane Mattituck,NY 11952 Re: Requirements for Non-disturbance Buffer SCTM#1000-106-8-72, Dear Mr. &Mrs. Macari: It has come to our attention that you have cleared an area of your lot that is required to be left in its natural state by covenants from the Southold Town Planning Board. This is known as a non- disturbance buffer and is shown both on the official subdivision map that created your lot, and also in the covenants for your property, which list the requirements in detail. Your lot is Lot 18 on the attached subdivision map. Also attached are the covenants that provide details on the requirements for this buffer. Please contact the Southold Town Planning Department within two weeks of the date of this letter to discuss a remedy for the situation. Contact information: Telephone: (631) 765-1938 E-mail: heatherlLZbsoutholdtownnv.,,ov Southold Town Planning Boara Page 2 March 17,2021 Failure to contact this department within two weeks of the date of this letter will result in a referral to the Town's Code Enforcement department. Sincerely, ,� w 16&�Qr i l qA Heather Lanza, Town Planning Director cc: Town Building Department Encl. Filed Subdivision Map Covenants From: Lanza, Heather Sent: Thursday, April 22, 2021 12:05 PM To: Pat Moore (pcmoore@mooreattys.com) Cc: Betsy Perkins Subject: The Fields at Mattituck Drainage Area Resubdivision Dear Pat, As discussed for The Fields at Mattituck Filed Subdivision Map, the Town of Southold is requiring that the area labeled "Storm Water Retention Area `A"'be divided from Lot 27 and merged with the road parcel that serves Lots 1 —26, for future dedication to the Town. , The process to accomplish this is through a Resubdivision application with the Planning Board, that will also require SC Dept of Health approval to acknowledge the new lot lines that will result for Lot 27. Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O.Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heatherlPsoutholdtownni OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 o��OF S�UryOl Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) h O Southold,NY � � Telephone: 631 765-1938 www.southoldtownny.gov U01�'�' PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 8,,2021 Ms. Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: The Fields at Mattituck— Performance Bond Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning.District: A-C Dear Ms. Moore: The planning department is in receipt of three checks (check#3018 in the amount of $80,000, check#1001 in the amount of$175,000 and check#1031 in the amount of $72,320) made payable to the Town of South-Id as securit--for the above-referenced performance bond. Please see the attached section from the Southold Town Code related to Forms of Security, as the checks are not an acceptable form. The checks are being returned and are enclosed. Should you have any questions regarding the above, please contact this office. Respectfully, La-v-\Z�. Heather Lanza, AICP Planning Director Encls. 1/8/2021 Town of Southold, NY Ecode360 Town of Southold, NY Friday, January 8, 2021 Chapter 240. Subdivision of Land Article IX. Bonds and Other Security § 240-34. Forms of security; expiration and terms of bonds; default. A. Form of security. Any security to a bond must be provided pursuant to a written security agreement with the Town, approved by the Town Board and also approved by the Town Attorney as to form, sufficiency and manner of execution, and shall be limited to: (1) The deposit of funds in a savings passbook or a certificate of deposit (CD) issued by a bank or trust company located and authorized to do business in the State of New York and maintaining an office for the transaction of its business in the Town of Southold. The Town Board may require that the savings passbook or CD be accompanied by an executed withdrawal slip made payable to the Town of Southold and/or an assignment of the right to the funds upon a default. Each passbook or CD shall also be accompanied by a letter from the bank acknowledging the use of the passbook or CD as security to a bond and that no funds will be released unless authorized by a resolution of the Town Board. (2) An unconditional and irrevocable letter of credit from a bank or a corresponding bank located and authorized to do business in the State of New York. The letter of credit shall certify the following: ------ .- ----- - -- --(a) That--the--creditor-does-guarantee-funds—in-an_amo.unt....-e.quaLto--the_performance-. bo.nd.- estimate. (b) That, in the case of failure on the part of the applicant to complete the specified improvements within the required time period, the creditor shall pay to the Town Board immediately, and without further action, such funds as are necessary to finance the completion of those improvements, up to the limit of credit stated in the letter. (c) That the letter of credit may not be withdrawn, or reduced in amount, until released by the Town Board. (d) That the term of the letter of credit shall extend at least six months past the term of the bond. (3) Obligations of the United States of America. (4) Any obligations fully guaranteed as to interest and principal by the United States of America, having a market value at least equal to the full amount of the security required. (5) Upon the recommendation of the Planning Board, the Town Board may accept a deed, transferring the fee title of real property, free and clear of any mortgage or lien, having a value established by the Town Tax Assessor of at least 150% of the amount of the security required, such title to be held by the Town in escrow only for the purpose of securing the performance or maintenance required. The Town Board shall retain the right to reject the use of a property https://ecode360.com/prinUS00452?guid=5160689 1/3 1/8/2021 Town of Southold,NY Ecode360 escrow where there is no benefit to the Town or it may reject the use of any property when the value of such property is sufficiently unstable, when it believes that the property will be unusually difficult to sell or for other reasons such as will inhibit the Town from exchanging the property for a sufficient amount of money to complete the required improvements. Said deed shall be accompanied by the following: (a) All documents necessary for recording of the deed in the Suffolk County Clerk's Office. (b) An agreement with the Town Board, to be filed in the Office of the Suffolk County Clerk, stating the following: [1] That, in the event of default in performance or maintenance for which the undertaking shall be given, the Town Board may accept the property on behalf of the Town of Southold. In such a case, the Town may record the deed in the office of the Suffolk County Clerk, sell such real property and apply the net proceeds of the sale in the same manner as if the funds had been held in a deposit or certificate described in Subsection A(1) above. [2] That the grantor shall pay all real property taxes on the property held in trust during the term of the bond. [3] That the property to be placed in trust as an improvement guarantee will not be used for any other purpose, or pledged as a security in any other matter, unless and until released by the Town Board. [4] That upon the completion of the work or maintenance period or when the benefit to the Town shall have been received or the purpose of accepting this form of security is deemed unnecessary by the Town Board, the deed and/or title to the subject property shall be released or conveyed to the grantor or such other person as may be entitled to the same, free and clear of any liens or defects, except those in existence at the time of the delivery of the deed to the Town and which continue in existence or which may have thereafter been placed thereon with the knowledge and consent of the owner. [5] Affidavit of title or title certification affirming that the property to be used as a --- — ----guaranty is free and clear of any encumbrancesor-liens-at the-time it-is-to-be-put into -- trust. [6] Notwithstanding the aforementioned provisions, the Town Board may, in its discretion, accept such other security as may be allowed by law, where there is a benefit to the Town. [7] If the term of the performance bond will expire prior to the completion of the public improvements, the Town Engineering Office and/or Superintendent of Highways shall recommend to the Planning Board either that the term of the bond be extended to permit completion of the work by the applicant or that the bond be declared in default. The Planning Board shall advise the Town Board, by resolution, if its recommendation is for the extension or default of the bond. The Town Board shall act on the extension or declaration of default on the performance bond. [8] The performance bond shall have a term of two years. The term and requirements of a performance bond may be extended or modified by the Planning Board, in consultation with the Town Engineering Office and the Superintendent of Highways, with the approval of the Town Board. B. Default. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the Town Board may thereupon declare the said performance or maintenance bond or security agreement to be in default and collect the sum https://ecode360.com/print/SO0452?guid=5160689 2/3 1/8/2021 Town of Southold,NY Ecode360 remaining payable thereunder; and upon the receipt of the proceeds thereof, the Town shall install such improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost the amount of such proceeds. https://ecode360.com/print/SO0452?guid=5160689 3/3 ED PATRICIA C. MOORE '- '� Attorney at Law JAN 0 8,2021 51020 Main Road Southold New York 11971 soot . ----- Southold Town Planning Board Tel: (631) 765-4330 Fax: (631) 765-4643 Betsy Perkins, Paralegal Julia Spanburgh Julia Schade January 7, 2021 Southold Town Planning Board PO Box 1179 Southold NY 11971 (By hand) RE: Fields at Mattituck 1000-113-2-12 (drainage) & 1000-106-8-55-57, 59-65, 67-71, 74 &75 Dear Chairman and Board: My client Zenith Property Group is the new owner of the above referenced lots in the subdivision. In accordance with the Board's resolution dated December 8, 2020, the Planning Board authorized acceptance of a performance bond in the reduced amount of$327,320.00. Enclosed, as security, are three checks in the total amount of$327,320.00 (check#3018 in the amount of$80,000, check#1001 in the amount of$175,000 and check#1031 in the amount of 72,320) and payable to the "Town of Southold". Pursuant to Town Code Chapter 240 with the posting of these funds,the owner hereby guarantees to the Town that the owner will faithfully construct or cause to be constructed and completed the required public improvements which are an integral part of the approved final plat. We respectfully request that you advise the Building department that they may now issue building permits. Pursuant to the notation on the filed map that the roads are to be dedicated to the Town, the owner will dedicate the roads and grant drainage easements to the Town of Southold upon completion of the improvements. We look forward to working with the Town. Zvours, -- Patricia C. Moore Cc: Bill Duffy, Town Attorney Mike Verity, Building Inspector Zenith Property Group Southold Town Planning Board Work Session — December 7 2020 — Page 3 M._.. . .. .........._...................................... Project Name: Peconic Landing Wellness SCTM#: ' 1000-35-1-25 Center Location: 1500 Brecknock Road, Greenport This amended site plan is for the proposed . �..____ �_.....__._.___.......... _ _; construction of a 1,138 sq. ft. , i addition to the existing Wellness Center and a reconfiguration of the i Description: parking lot in front of the subject addition and the entrance to the existing Community Center, all part of an existing continuing care retirement community on 144 acres in the Hamlet Density Zoning District, Green port. l p ......._... .... ... 1 y Status New Application I w .. Action Review for Completeness of Application Attachments: 1 Staff Report _ __. __ _ ._ t i The Fields at Mattituck Major Project Name; Subdivision i SCTM#:� 1000-113-2-1.1 i I Location j 2530 Stanley„Road, Mattituck _ ._ Description: I'll 2..._7.. lot subdivision _ .... j Status: ; Approved and Filed Subdivision Map _. __. . Action: _ Review Revised Bond Estimate _. ... ___ # Attachments: Staff Report ........... .... .. .............. .. __._...._. _.. ... ... ........ .............. ....................................... ............................... ____. ...... . .. ___ ; Project Name The Estates at Royalton SCTM# , 1000 113 7 19 23 Location 1 55 Cox Neck Road, approximately 490' north of Sound Avenue, Mattituck' ... ..... ..._ .�......�_..�... ..,,............. . This is an approved Standard Subdivision of a 36.9 acre parcel into 12 Description: lots located in the A-C Zoning District. This subdivision includes 15.2 _.:.. .. _ ... _. .__ ,.... acres of open spaceand 1.7 acres for a new road to access Lots 1 _ 11. i Status: Approved and Filed Subdivision Map i Action. Review Revised Bond Estimate Attachments. Staff Report ............ .........................._..................... __... ........... i Discussion: ❖ Draft November Monthly Report ❖ 2021 Planning Board Schedule ' i Southold Planning Department Staff Report Subdivision Application Work Session Review Date December 7, 2020 Prepared By: Heather Lanza I. Application Information Project Title: The Fields at Mattituck Tax Map Number: 1000-113-2-1.1 Project Location: Stanley Road, Mattituck, NY Hamlet: Mattituck Status Filed Map (Approved Subdivision, partially constructed) II. Action to Review Revised Bond Estimate. This subdivision has been dormant for many years after the road and much of the infrastructure was installed and a few houses constructed. The road and drainage infrastructure fell into disrepair as a result of neglect. The property is in the process of being sold to new owners who will be repairing the infrastructure, as per the Town Engineer's inspection and requirements. The Town Engineer has recommended, and the prospective owners have agreed, that a dedication of the drainage areas to the Town was more practical than the easements currently noted on the filed map. III. Town Engineer's Report and Revised Bond Estimate See attached VI: Next Steps • Resolution to accept the revised bond estimate: December 7, 2020 Meeting • Recommend to the Town Board for their approval • Determine next steps for changing the drainage easements to dedications of those land areas (Drainage Easements A & B) SCOTT A. RUSSELL �O�oSufFOt,��®G MICHAEL M. COLLINS, P.E. SUPERVISOR CDy% TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD C to TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765-1560 Fax. (631)-765-9015 MICHAEL COLLINS(aITOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Heather Lanza December 2, 2020 Southold Town Planning Department 54375 Main Road Southold, New York 11971 Re: The Fields at Mattituck— Revised Bond Estimate SCTM #: 1000 — 113. —02 — 1.1 Dear Ms. Lanza: As per a request from your office, I have revised the bond estimate for The Fields at Mattituck major subdivision to reflect the current condition of the subdivision improvements and the estimated costs to complete the remaining work. The revised bond estimate is attached to this memorandum and is based on the following: • Street lights will not be required • The concrete survey monuments will be set as per the green and red squares depicted on the attached drawing • Buffer trees will not be required around the recharge basin as it is screened by the topography of its location and the surrounding natural vegetation Please note that in order for the subdivision road and drainage system to be accepted into the Town Highway System, the portion of Lot 27 that contains the connection to Stanley Road and the recharge basin must be split off into a separate parcel suitable for dedication to the Town in conjunction with the road right-of-way. The boundaries of the proposed parcel are delimited by the green and red monument squares depicted on the attached drawing. If you have any questions regarding this review, please contact my office. Sincerely, Michael . Collins, P.E. Town Engineer �, SCOTT A. RUSSELL og11FF0(� 0� ®G MICHAEL M. COLLINS, P.E. SUPERVISOR � TOWN ENGINEER cm TOWN HALL - 53095 MAIN ROAD w Z TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560 ® • .- Fax. (631)-765—9015 MICHAEL COLLINS a TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD REVISED BOND ESTIMATE THE FIELDS AT MATTITUCK TOWN OF SOUTHOLD,NEW YORK SCTM#1000-111-02-1.1 DATE December 2, 2020 ITEM QUANTITY UNITS DESCRIPTION UNIT PRICE AMOUNT 1 0 L.F. Erosion &Sediment Controls $2.50 $0.00 2 L.S. Stabilized Construction Entrance L.S. $0.00 3 0 ACRES Clearing&Grubbing $4,000.00 $0.00 4 2,400 S.Y. Rough Grading- Unclassified Excavation $2.00 $4,800.00 5 0 L.F. Concrete Curbing $20.00 $0.00 6 0 EACH Catch Basin $4,630.00 $0.00 7 12 EACH 10' Dia.x 12' Deep Leaching Pool $6,210.00 $74,520.00 8 0 EACH 4' Dia.X 6' Deep Manhole $2,000.00 $0.00 9 0 L.F. 18" Diameter HDPE Pipe $32.00 $0.00 10 0 L.F. 24" Diameter HDPE Pipe $40.00 $0.00 11 1 EACH 24" Diameter Pipe End Section $1,000.00 $1,000.00 12 8 C.Y. Rip-Rap $60.00 $480.00 13 660 L.F. Chain Link Fencing with Gate $30.00 $19,800.00 14 0 EACH 8' Dia.x 12' Deep Diffusion Wells $6,730.00 $0.00 15 0 S.Y. Fine Grading $1.50 $0.00 16 0 C.Y. 3/4" Stone Blend or RCA Base (4"Thick) $20.00 $0.00 17 100 TONS Asphalt Binder Course (2 1/2"Thick) $90.00 $9,000.00 18 803 TONS Asphalt Wearing Course (1 1/2"Thick) $90.00 $72,270.00 19 63 EACH Concrete Survey Monuments $300.00 $18,900.00 20 L.S. As-Built Survey L.S. $10,000.00 21 28,700 S.Y. Topsoil &Seed $2.50 $71,750.00 22 2 EACH Street Signs $200.00 $400.00 23 148 EACH Street Trees $300.00 $44,400.00 BOND ESTIMATE TOTAL= $327,320.00 ORIGINAL BOND ESTIMATE= $650,553.80 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 O��QF SOUj�,ol Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY � � Telephone: 631 765-1938 www.southoldtow-xmy.gov O � iQ �yPAUN% PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Collins, Town Engineer From: Heather Lanza, Town Planning Directory A(_ Date: November 12, 2020 Re: Approved Major Subdivision —The Fields at Mattituck Bond Application Name: The Fields at Mattituck Tax Map-Number: 1000-113-2-1.1 Location: Bergen Avenue, Mattituck Laserfiche: Planning/Applications/Major Subdivisions/Approved/1000-113-2-1.1 Project Description: This subdivision is a 60.42 acre parcel subdivided into 27 lots with a 23.75 acre area subject to an agricultural & open space easement. Please review the following and provide comments. X Update of Bond Amount (Pg. 45-47 Laserfiche filet Thank you for your cooperation. PATRICIA C. MOORE IVED Attorney at Law ; 51020 Main Road Fii T 2 202U Southold,New York 11971 Southo Town Planning Board Tel: (631) 765-4330 -' Fax: (631) 765-4643 Betsy Perkins,Paralegal Julia Spanburgh Julia Schade October 19, 2020 Southold Town Planning Board PO Box 1179 Southold NY 11971 (By email) RE: Fields at Mattituck 1000-113-2-12 (drainage) & 1000-106-8-55-57, 59-65, 67-71, 74 &75 Dear Chairman and Board: My client is in contract to purchase the above referenced lots in the subdivision. The subdivision includes a first lift of road and installed underground utilities, and upon which several homes have been constructed and sold years ago. We wish to initiate the process to have the performance bond reviewed and reduced as appropriate for the completed improvements. My client will post a new bond to assure the Town that the remainder of the unfinished bond improvements will be completed. We have been advised that because the existing bond has expired that the Building department will not issue building permits until a new bond is posted. This will be remedied prior to or at closing. My client has retained Chris Dwyer, from L.K. McLean Associates, P.C. the original design engineers of the subdivision map, as his representative, to review the subdivision improvements. We respectfully request a meeting between Mark Terry, Chris Dwyer, and the Town Engineer at the property to review the"as built" conditions. Enclosed are my client's existing conditions survey for the Town Engineer to review. Very truly yours, P tri r,i C. Maare, pcm Encls. c: Zenith Group SURVEY OF LOTS 1-3 INCL., LOTS 5-11 INCL., 13-17 INCL.AND 20,21 AND 27 MAP OF THE FIELDS AT MATTITUCK FILED MARCH 31,2006 AS MAP NO.11370 LOCATED AT MATTITUCK TOWN OF SOUTHOLD AREA SUMMARY SUFFOLK COUNTY,NEW YORK SUNSET DRIVE (50' VIDE) 75.3 2 7- "i, 73 A %7-rv- --jjoa�61' 674.00' S22-00'50"E z7 7,:34 -7 a n Cr4 . )" @ III V To—w&=,O—,sm " sx-,X I ry - - lf E41CyE 1 0; zc srrqv l900 E RT -S , ?Y a4iEw" Ctj e SUB JECT w,v .7., PROPERTY iyg Ailkl E" 69.m xu FR pDv c LI) %1\01�- 5 TOWN OF SOUTHOLD (�5) y tz @ -Ir LOS z 1C.T. A76-38'j0-1q;'204.001 a- Y IJa7� 40 _M2 n,-g_,n la a, IRUACj 14 f�S z TDTALI V,I I i56 974 AORE SOUND UGO qJ%1DI&CNr m @ IU�p yy -w-vo. U PEE RD 3'v 5 LEGEND Yr 3 SCFFC K LU ITY 'AT ?!FY PE NIF. cAq_ C IL" r, l LOCATION MAP c Ef SC ix I'lll7-r""C (NO SCALE) HY VC SFRIUs",1--1ST31 NOTES AK VATER VALVELVEL?HERLY ARTHUR RJQVS) , TER Me TER MEASUREMEVTSARE IN ACCORDANCE WITH U.S.STANDARDS. IF SABLE ry sox LOT N-3ERS BEGRVIC-NC 2. BEARI GS AND DISTANCES AS SHOWN ON THEFIELDSATMAT TITUCK.FILED MARCH 31.2006 AT al=R-EA THESUFFOERCOUNTYCLERKSOFFICEASMAPNO.1*70. 17. LNCE-0-1 ICLI7110"-w 2952' ...... --—-- - J. ELEVATIONS REFERENCE NAVD 0988. 4jaBs, Naa-39'00-V 20,2,75' 854.13' "ELL DfU5LAS A ANT FR'ICES I-f7PER UNA HOM�D�T ATIONOR DinONTOASUR�MAB GALI�SED�D 4. SUR YORT SEAL IS A VIOLATION OF SECTION 7209.SUBDIWSION 2.OF THE NEWYORK STATE EDUCAVONLAW 5, ONLY COPIES FROM ME ORIGINAL OF THIS SURVEYMAUIXED WITH AN ORIGINAL OF ME LAND SURVEYOR'S'EMBOSSEXOR'INKED-SEAL SHALL BE CONSIDERED TO BE-D TRUE COPIES. PROPERT,IS SUEI-ECT TO. 6. CER iIFICATIONS INDICATED HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED IN • D-CLARATIM OF COVENANTS AND R-STR;CTIONC IN U2EF 11835 ACCORDANCE WITH THE EXISTING CODE OFPRACTICEFOR LAND SURVEYORS ADOPTED BY THE III PACE 254(NOT LISTED)AND LIIIER 1238S-A- (NOT NEWY KSTATEASSOCIATIONOFPROFES I LAND SURVEYORS.SAD CERTIFICATIONS Cc ale SHALLRUN ONLY TO TREPERSONFOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO LISTED) r"ROAD I THEBTLECOMPAN GOVERNMENTAL AGENCYMD LEADING INCTITUTIML-ED HEREON AND DECLARATION AND COVENANT c CIICI RDN IND O"EO"I-RE ASSOCIATION IN USER 12<29 PAC=522(NOT TOTHEA�NEES OFMELENDINGINSTITUTION.CEIRRFICATIONSARENOTMANSFERABLETO LISTED). ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. • ELECTRIC AND 7ELEPHC\--45--kIENT IN LIBER 12520 FACE 531 (AFF77CTS STREETS). 7. UNDERGROUND UTILITIES SHOWN ON MIS SURVEYAREFROM URUTYMARKOUTLOCATED ON • ELECTRIC EASEMENT IN USER 107C2 PACE 122(NOT APPLICI31LE). THE GROUND ANDVOR RECORD PLANS.BEFOREANYEXCAVATONIS TO BEGIN.ALL • -IRR '1 11 LIBER 124e-z FACE 137(1L.TTcO). UNDERGROUNDUnUTIESSHOUWBEV�IFIEDASTO�EIRLO�rION.SIW�"PEBYME RESPECIRVELTILIFFYCOMPAIVIES II o. RIGHTS-OFWAYNOTSHOMARENOTCERTIFIED. B. THE SURVEY CLOSES MATHEMATICALLY. IC. ZONING USEDISTRICr.-AC(LOTS 1-26)AVCLol-2T-PROTECTED. j III DATE BY DESCRIPTION APPROV. BY :t REVISIONS Torn of Southold Suffolk CounLy, Neiv York TITLE SURVEY Property at Mattituck SUFFOLK COUNTY REAL PROPERTY TAX MAPNO. CERTIFIED TO: TO DISTRICT 100 HOLD SCHEYER COURT LLC.ZENIM PROPERTY GROUP "THE FIELDS AT 2MATTITUCK"SECTION 113D JOHANNA RICHARD 2012 TRUST.' LO 0 BL 00 DOCK ZOO 1.002 GRAPHIC SCALE BROOKLYN TIMBER LLC L. K. AlcLEAN ASSOCIATES, P.C. T -D CONSULTING ENGINEERS &- LAND SURVEYOR S P themby-MlyM Nat map was ft-ad-I—y_plledb -EN, SUFFOLK COUNTY REAL PROPERTY TAX MAP NO. y--10,0912020. 437 SO. COUNTRY ROAD, BROOKHAN NEW YORK 1` TOMOFSOUTHOLD. S,-t DISTRICT;000 a, L.E.ID v SECTION 06.00 IN FEET I BLOCK OBW 1 inch= 100 (L. TAMARA L.STILLMA P.L.S. T.L.S./D IL LOTS 05500 5TMINCL �059.�65BMHRCL NYSPLS N..50528 By D-: 10/2/�C21 ,dO67.000.071.ODO INCL.,WO74.OW and O7&WO By I L.S -;It". 205:)9 003 -- / CpQ9eCKG BOUNDARY DESCRIPTION OFL0T27 SURVEY OF LOTS 1-3 INCL.,LOTS 5-11 INCL., S A N F j 13-17 INCL.AND 20,21 AND 27 � - / an uyt cer,,;n da.mere.w peed pl lane,sapale.lyrrg aM being al Mam:ark Town ar sanmb.eppnr d 5pr,:..smin m N<w vw..:,r<..•,ana --.:; 7 oesignap:a aa'd n pn a mM:n map«liana.�,laa d m<F:<laa Malmudo-.nM err l^<n.t ear d uaror.zgod a;Map 41 u)o.Ahaggar atsT19 MAP OF v 1 n9marea, mangepnaaaandaeamneaaaI—I THE FIELDS AT MATTITUCK „r Beginning at as lent on Ina n°ntrerly nounaary line d Be—,Avenue,za�a...a being South 75'Je'30'Wesl.a as:ance of«U.Si fie-1 from Ne / wyaeaMpnp a np «lyEppnaarlin<plB g-n vn^peand:new<aleny<e=aarylmeplLa.Nec.Lan<, FILED MARCH 31,2006 AS MAP NO. 11370 fThanee,I.said porn 0 p<9•nnmg,Sop,75.36 3P Wesl..n sa:d r+onneny Eocnpary on a cI 3rgee Auenve.a wstance of dd0 fi]^eet to a o.a a: all r .a nwMedy eppnaary fine and Me a.;v«r nn<berr<en hods nm.„Iwm<ny d KA Redly bra,an me -a Inn n>w LOCATED AT il-oclaanrd C.i(e3.an Me ll L MATTiTUCK � Thenm.den a tliv;.ipn une me bnow,n I - --- r g si 9 e:gl,t 191 raune.and d5tances: II HaM24.4T<D-.1.adislall I2o1.561«llpapall:I.- TOWN OF SOUTHOLD 21 NOM22'1650'West,adisMrcao/2fi9.531e<tbaminClMrce SUFFOLK COUNTY,NEW YORK 3)NOM 22-XF ST Wlt.a tsula a at 789 SO(cetera point.I— n / / I NOM 61•16 IT East a dnzrce 01 IW.711eet toe ppinl,tMrce 51 N, 60'IS IT East.16-rco d 307.641e1 tea p°ml lnerrce Ii•r o Tee rr!1 rc.f ROSEWOOD DRIVE csc• vm[1 6)Na.ls•36'IT-It, delete°d seam bnlba apwl I M 1 <st Idw .a 1 cello a palltre Na.NDM ze•163v wpM adaM ydtw 341mtt amnr the Thenm.-.91 .959e laid Ill, at aaNa Rally al, ol2(1 fid 9�(5 sand tlstanms. Laa J \� I _ _ _-'/-/S :r._ II 2_.N V S .I 1J-.- f _i_r-_ L I L 1 1 I tl':I..JL •�i�S y W'.i Z)NeM 20'3T OP Wesiztarco o12a000I :Inerce , '.r '- `.' r r.en_L _ C+<" •!V ` r "' _I.. -� L �_F I ye✓F:Y_S' S C - - 31 NOM)1'2504'WesLad;sMrced 1132pfce1toaro0m leeL an ar�rce aI SOM f-n.mapunl saW mrv_M1a 9 G,nd oe g rJ - .s_,rn,• v.v ' dl NonM1eny a g an arc to Me leg having a red uz ur 30 n-,h - an a C: 'I .II J-.vim oM 5'l4'<S Eanand bngN o150�001�rce _ - - ' Ie -• Inn of q�r s'J "- S1 NOM BI'<T 3P Easl adslance o1225. yet oa plot ntneenspn ne Oel+vean sadla+ds of Kl flea ty tnc.,on lne w=sl and lands now S20'3020'f S21.45'40'E Sl9'45'20"E S22'28'90"E 20.40' SIH•3650"E �-S23'03'90f Ida .t 684.47 or formedy of Dane V Bnsad ana ManaT Br sot<n the year -S 544.B0' J, Iq �522 5730E ,1� •r - - I i 100.06' / 99.79' l0006' IOOfS' "8j, IL'� - - Thence Solnh 22.00 5W East along saE dvaan lie..distally at 139281ect to a plat: Q Thenm SouM 22.26 OT EazL dmg za a tl avm foe ana alwr-Me westerly Doan__"dry d TAap cI Rpsewap0 Eswtes:II<tl January N,19p9 n Me [J, Sueptk County CIr a ORm as map na,5240.1 diN of Ill SD 1111.a/rant' Thance,e an mg gang saawesteny Eoundary u+e lonomng I-a(1)r ,1.and orstaaes: -1- ` uL! /1A�L0,G 0 Hf -L- n tl SouN 20'30'20'EasLaaisUrce<I 100.O61eettoapomC tMnce Ar v<TI!�J.r.R I 2)SoWl21'6540'East,adcbrco°I99.T91eet 1°aparu.Merge Nlli3iCl : •r \`�->>_ \' \\ "` _�.:�� �. 1 31 SOImr 19'45'20'Ea9.aaistrmd100.06(eetbap°mt:Melr< Sown2r2BATElA.dbtareed3W.AOfcettoa Doat:Mnrce 5) Sawlrf8'36'SPEasta d6tatey.1 100151ee1ba pomk three _ - -.�/ an 1 wn 2]'06 A0'EasLad'sbree al2W.O5feetbapoal )61 So tan- Ill,2rr 5T 36 E.M.a d.1t.-of 684.47 Ill to Me alwmrmupnea nonhedy boundary p(Begen Avrnue and all pwnl O,place of �__C_S_vfNl:C<'S-CRIf✓<)fF gin g. m BALANCE OF PREMISES Q j,e• O / 3 iM Mal loge d'a4 piece,w parcel of ana situate,lying ana being w Ma1NUA.Town o15ouMWd eoudy d SUKoIk.State of Nwv VOM,known and desynalea Iz Lots f I1rou91 1.61.1-Road and Fawn lane on a mrMin map aa-1,"Map 111.Fides at MaaducK,filed an Me]1st d.,.1 Marco....as htaa N113)O Abstmd 111711 being more panillly ll-lld and tlesmbed as f<t- nV b Beginning at a mnmele monument at M<alersedion o1 Ma daidan An<b<tw lands now ar formedy of.1 Really Inc.on Me east and lands now w laaa. 150.14, IO7.J2' / p2' �' N2B'18.30"V N23'13'3T'W I n at Dy Slaz A.Carper and Frances M.Clon Me west WtI lantls new ar famady o1 Carol C.Ned m Me I—Sad cwmeta monument also being Me ( j foAoafng 1.(6)cmrmsaM tlistanmz from Me aterumian of ap "boundary Me of Begen Avenue and all wededy a-/-lined Ca.Neck Lane: a I � fl SpN,TS']63P West,along said noMedY boundary line d Bergen Avenue,a distance d 1301.181ee1 to d,e mtemecvm of Me aiaz;m line benvem m I Q propcM d Kil Realy Irre m Me<azl and Carol C.Keg an Me west wiM saitl nwMeay bountlaryline of Begen Avenue;hence Q 2)NOM Id'AT M'West,along sob dveion Ile,a aisbrcu o1201.58 feeta a pool therco r 31 NOM 22'1650'West.mnfadn9 alorg said divivon lao.atl¢larce o1269.531ect log plat darce OR SPACE E<S�H r-Yf I-!=Lcc 11 Merl;-i:Ce dI NOM 22'33'S0'West mntmuilg gang saiddivivon lmo.ad'&arce°1 TB9.501mtt°a pool dnrep is.N<RCH 31.2006 Y4P'rD::_]D ,�� 5)NwM T lSSTWeak.a inuxS.nBaaidde%ronim,a 61ta.p123 Iaa1°a pu Ltnala W SOlX M3 I^ 61 NAM 38'2T 50'WesL eonlarurg abrg said dvtion fma.ad'¢arce of lT].BB tenth the poor of bepianirg; /F I Sc.TX 1=-H.w itl00-00" h C<RD_ C.KEiL ?I AREA=1366219 SOFT. Thence,from sob Dybt of beginning,alang Me fast menUanetl tlivlslon file.Me lollovdnp Ave I51 courses and dslancas: 2 1) NOM21 2T-A.diltIna 1834.131ret Nkd;0aree 21 NOM 22.360D'WesLadsanm d200.06 feettoa plat Varez I 1 3)NMh M-IVGTW°sLadistarmold10B5(eettsap<'up;Myrce dl NOM IS'ST 00'WesL adi4anmd100.40/eettoa plied;lnerce 5)Nan),23.16 DO'Wesl,a dials-at 2 52 feet 1°a point an Me division line between lid lands at Kit Redty Ina,on the souM,and lanes now pf W fa annly dA Bums,on Mn nwM; I of 0 Thenm,NmM 68'f1'10'EazL along said dvizipn file and mnwMag along Ma naMedy boundary of said lands d 10l ReaM1y Inc,a asanm of BT7.)fi fed to a � on Mp w< rty etlary aDd Sursel l(rolz Section Two prg919]O nlno Shcdk C°rmry erKS Ogee as p 5648 N09• Z . 395p^y � ---�isxp •<vc arc_ «r«<s+ ` peat stp bau of'M '13MA q I ma ro 23038• .D,I''Z -- -- - -- 789.SV 269.53' N24'17'40'N 201.SB' Tnenm,along said westerly boundary Me fonawing Iwo(21 mu,ses orb dslanms: - _ CARpL C.KEIL t) S°uM 21'464R Easla dshnm of 6]A.00 fed toap°id;Menm 2)SwM2 I. TEast,adsb dI0G.O tbap°ird; TD 4':R.A`C°ST TC L Bi BfRCf.V RVFNUf PfR L Lc/6J,pCVgN F p�;Yl 7B_0 39 G:C 9 79 Q F A,O Thenm,SmM Z2'DO'IT EezL along Sala weztmfy bmnaary and along In.division Inn between said lanes of Ka ReaM Inc.on Me west.and lantls norm it SiC brtnerly d Daniel V.BaspM aM Mader T.Bnaod on Me east a alslanm d422.38 feet tp a polnl Thence,Mrough Me Baia lands pl Kit Really Inc.the fMowag fvo(51 lames and tlislancas: I 1) SouM 81'4T 3G Wed.ad'a4rced225.00Iceltoaror.arged poaC dared 2)Sw Galy,alang an all,a Me right having a radua at III-feelan arc I,ao of IBM(all m a ann,L said ware IUAng a chard nearing of Sw W I 14 4S wed aM kaq.d 50.I,.Melee 31 SouM)1.3'r_'East adsanm al 11320 Ieel a a pout,Manm dl SouM 30'3T OP Ead,a dsancp of 2A0.00 feelaappl«;Menco I 5) So ST 2S(IT West,maftn.g ffi.gh said lands of Kit Really Inc.and Mang Me d.An-Ina nl wIll said lanes d Kit Really Inc,on all,n°M, NOTES aM an,said alas d Carol C.Keg on Ma alIa,a distance dM3.0 Inert l4 a pdnL f I. MEASUREMENTS AREIN ACCORDANCE IMTH US.STANDARDS. Thmm,Sown 62.51-W VVILalong said d ,,f,a Qaarce d2669 t.tIn.1.Rammedw gtha Pzba O,place d Mgirnvlg, 3 _. BEaUNGSAND DISTANCES AS SHOM ON THE FIELDS ATMATTITUCK',FLED MARCH 3f,2006 AT THE SUFFOLK COUNTY CLERKS OFFICE AS MAPNO.11370. Together vial Me banefds of 25 fill wide eelomted right af wlyll Begen Averse az shown oa Me--ad map; - 3. ELEVATIONS REFERENCE NAVD 1988, R EXCEPTING THEREFROM �d UNAUTHORIZED ALTERATION OR ADDITION TO A SURVEYMAPBEARING A LICENSED LAND 4. SURVEYOR'S SEAL ISA VIOLATION OF SECTION 7209,SUBDIVISION Z OFTHENEWYORKSTATE AA-cmtaa pal piece m pwcel d aM.situate,tying and being at kladian,,Tmm d SpuMdd,eounry of B.-Intl Stan d New Yell krovm az aezigrlaall I _: EDUCAilON LAW. as Lotz d,12.18 aM 19maeenaa map ltltaa."Map d F.-at WU MC.files a Me OKce d Ma qeh d SurloN Coon ryan Me 3tsl days Mann.2006 as DATE DY I DESC kIPTIOY AI'PEO V. BY 1 5. ONLY COPIES FROM THE ORIGINAL OF THIS SURVEY MARKED W/THAN ORIGINAL OF THE LAND Map P113]O AbzVad BlSyt 9;Islid Ills also known az Diskfd IOW,Seman ING0.Bock DBGO.Lots 59.0065.00.72aM 73.001. SURVEYOR'S'EMBOSSED'OR'INKED'SEAL SHALL BE CONSIDERED TO BE VAUD TRUE COPIES. REVISIONS }5E, 6. CERTIFICATIONS INDICATED HEREON SIGNIFY THAT THIS SURVEY WAS PREPARED IN Il011J11*1 Ili ACCORDANCE WITH THEEXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY THETo�ln of SoutholdRKSTATEASSOCIAn.NOFPROFESSIONALLANDSURVEYORS.SAIDCER7IFICATIONS Suffolk County, New York 4 SHALLRUN ONLY TO THE PERSON FOR WHOM THESURVEY/S PREPARED AND ONHIS BEHALF TO _ _ I THETITLE COMPANY.GOVERNMENTALAGENCYANDLENOINGINSTiMnONUSTEDHEREONAND TITLE SURVEYADDITIONAL INSTITUTIONS OR SUBSEOUENTOWNERSTO TMEASSIGNEISOFTHELENDINGINSTITUTION. RTIfILA110NSARENOiiRANSFERABLETOI � Proper L•y aL 1\'['d LL1LLlck 1 SUFFOLK COUNTY REAL PROPERTY TAX MAP NO, CERTIFIED TO: THE \_ rPT Trf, /� 1 S - 7 UNDERGROUND UTILITIES SHOWN ON THIS SURVEYARE FROM UTILITYMARKOUT LOCATED ON TOWN OF SOUTHOLD: ZENITH PROPERTY GROUP. sl 1 1 L E FIELDS _1 1 M A 1 L 1 L U C K I� 1 ^ THE GROUND ANDMR RECORD PLANS.BEFOREANY EXCAVATIONIS TO BEGIN.ALL DISTRICT 1000 SLHEYER LOURT LLC:UNDERGROUND UTILITIES SHOULD BE VERIFIEDAS TO THEIR LOCATION.SIZEAND TYPEBYTHE SECTION ITI00 SCHEMERANNA RICHARL 2. TRUST: RESPECTIVE UPLITY COMPANIES. BLOCK 0200 BROOKLYN TIMBER LLC L. K. McLEt1\ ASSOC[:1TES,_PC. LOT 001.002 e. RIGHTSOF WAYNOTSHOWN ARENOT CERTIFIED. AND GRAPHIC SCALE CONSULTING ENGINEERS RL LAND SURVEYORS Y I hereby[artily that Nis map was made hoar an actual survey i. THE SURVEY CLOSES MATHEMATICALLY SUFFOLK COUNTY REAL PROPERTY TAX MAPNOw a] d :o mmp/efedbymeon T04092020. 4.37 SO. COUNTRY ROAD, BROOKHAVEN, \EW YORIC TOWN OF SOUTHOLD: '17-`-` IU. ZONING USE DISTRICT.-AC(LOTS I-261 AND LOT 27-PROTECTED. DISTRICT I000 D<vgncd BY GL 3./C.in. S_l<: )"- )UQ' Srcet Na. SECTION IOB00 �- -�- BLOCK OB.00 (IN FEET) TAMARA L.S7ILLMAN.P.L.S. 9rpnn Byr i.L S./D.M. Date: i3/I2/c0?U G LOTS 055.000-057.000 INCL and 059.000.065.000 INCL I Inch= IGO IT. NYSPLS Np.5OS28 5 and N7.00 071.000INCLand O74.OW,adO75.DOO I An oved By T.L$ F'<va. aLpcg,Ern LAW OFFICES PETER S. DANOWSKI, .J R. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD,NY 11901 (516)727-4900 FAX(516)727-7451 April 1, 1998 �'3 I t a' �5•u E I tea: �J ( f e r R��-a•�3•--=1' k G� p Southold Town Planning Board Town Hall - 53095 Main Road APR 3 1998 P.O. Box 1179 Southold, New York 11971 Southold Town Attn: Melissa Spiro Planning Board Re: "The Fields at Mattituck" - Major Subdivision SCTM# 1000'- 113 - 2 - 1.1 Dear Melissa: As a follow-up to earlier conversations with myself and representatives from Young &Young, I am hand delivering still further documents, as requested. It should be noted that a few of the earlier comments should no longer be applicable. For instance, as previously discussed, we have eliminated a right of way to the North. This right of way was to accommodate neighboring property owners to the North who apparently have a claim to the use of a right of way out to Bergen Avenue. In conversations with Mr. Warren Brady, I am led to believe that only he and his wife and Mr. and,Mrs. Arthur Burns claim any rights through the property. Mr. Brady has suggested the erection of a fence and shrubbery within a part of the Non-Disturbance Natural Vegetation Retention Buffer Area. I enclose a copy of his October 2, 1995 letter to myself. I also enclose a letter forwarded by myself to Mr. Brady, which is self- explanatory. I expect that a written agreement will be entered into, extinguishing any rights of the neighbors to travel over any alleged right of way, in return for the granting of the easement and the erection of fence and shrubbery. I enclose copies of letters from Tom Wolpert of Young & Young to the utility companies. I expect return letters in the near future. I will supply same upon receipt. i Southold Town Planning Board Attn: Melissa Spiro Page 2 April 1, 1998 I enclose draft proposed Covenants and Restrictions, containing the language as proposed in earlier comments from the Planning Board. I would note that the proposed Terms for Open Space Easement Area forwarded by the Town contain some typographical errors at paragraph 2(i), referencing another subdivision. Enclosed please find page 3 of proposed Terms for Open Space Easement Area. I also include proposed documentation regarding a proposed Homeowners' Association. Note at paragraph C under Section 3 of Article 4, I have added the required language regarding any proposed access over the proposed tap street road to the property now or formerly of Cooper. Despite the fact that you have asked for and I have supplied the proposed Homeowners' documents, I would once again ask the Town to reconsider its policy and procedure. I am sure other attorneys beside myself have made a similar request. I do not believe that NY Law requires the formation of the Homeowners' Association, and the restriction on when an offer of dedication can be made to the Town with regard to the road and drainage system. As I understand it, the Town requires that so many homes get built, establishing a certain total assessed value before the Town will consider accepting the road and drainage system. As an example, Riverhead Town handles the matter with performance and maintenance bonds and does not mandate the formation of a Homeowner's Association. Note that I have added your required language as it affects the agricultural and open space easement area. However, I am not sure that a potential future farmer will find it attractive. I make specific reference to the soil conservation plan provisions. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Enclosures y _ . AX 13 Peter Danowski Esq. Roanoke Ave. o October 2, 1995 Riverhead, N. Y. 11901 . Re : A9acari-Iia.ttituck Field~s �— Dear Mr. Danowski : The Planning Board. called me on Se t . hearing on Oct. 2nd. I picked, u a copp 27th, regarding hearingthe the latest Plot Plan asit is not d.atedy Itshows .a 60ftof what I � Buffer eito be thone adjacent to our property. [That legal safeguards will be in place to prevent this Buffer Zone from being used to store cars, boats, trailers and the removal of trees. The Buffer 'Zone INIll be deeded in its entiret to the lot owners, according to the lot dimensions... y If by Covenents, who will enforce them, who will havethe right to remove them ? Assuming the validity of the Buffer Zone, we wily ^„si rely inquishing our 3500t long, 25: wide R.O.b;t. to Bergen Ave.a d the proproposed 220�paved road connect3ngs-to our 8�BWi�V at the south end of our property, in exchange for Mr. a to road erecting a- 61 high wooden stockade fence f.acari , West private road. parallel with our East- The fence to follow the South boundary of our 501 wide La West .R-O. ;. At the East end, thi s fence will be on our R•p•�i•East to about 3001 and then on the Buffer. Zone 81 in from the South e or our paved. road for about e edge of' , making the total fence length 8001 . I believe this fence shoula be set up as an 'Easement to a future problems of maintence, etc. void I This fence should be treated with "Woodlife" or equal b .erection, Plus the use of CCA treated Posts • before the IJorth side of the fence to The Posts should be on Our•Private road is-.only one winding nlane iwide nand obordered nb ovgr� trees . and bushes its entire length, so a child running out o y. woods , could easily be inJured. or killed, f the fence be erected before the Site work has begun. Ina addition that this fence, we have an open view to the development by Iourdpresen to the entrance to the Nacari property. We need pa mininum of Present s 101-120 high planted in the road area 'on the s/s of the trees fence. Leland Cypress(Cupressoc yparis Lelandia) would be ideal. Our neigrs, I�Ir.& :�irs.�rrthur Burns have. the same ► and have agreed to go along with this R•�-•��• proposal subject to conditions. cc : Arthur Burns Yours LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE • P.O. BOX 779 RIVERHEAD,NY 11901 (516)727-4900 FAX(516)727-7451 April 1, 1998 Mr. Warren B. Brady 3500 Private Road #13 Mattituck, NY 11952 Re: Macari - The Fields at Mattituck Dear Warren: I am in the midst of trying to complete.the subdivision process with regard to Mr. Macari's neighboring subdivision. I believe my client is willing to exchange the grant of an easement to allow the construction and maintenance of a fence, as you suggested in your letter of October 2, 1995, a copy of which I enclose. The easement would allow you to maintain the fence in the future. In addition, five trees of the variety you note, if.available, would be planted. I believe at some point you indicated you had obtained estimates for the cost of completing this work. I might suggest that if both you and your neighbors agree that it might be simpler to merely grant you the easement and pay you the sum of monies estimated that it will cost to produce the improvement and allow you to take care of the erection of fence and shrubbery. I enclose a copy of North Fork Fence estimate dated October 30, 1995. If you would discuss this with your neighbor, I believe we could prepare whatever documents deemed necessary by the title company. I enclose proposed quitclaim deeds and easement agreement(s) for you and your neighbors' review. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg cc: Joseph Macari Mr. and Mrs. Arthur Burns A 214 L, s , ; �.Y, (y.;t���� ri. •t � l} dd #1 a �gg2 111r. Peter Danowski Roanoke Ave. o Esq . Riverhead, N, y. 9 A1aca October 2, ] 995 11 01 Her ri-Hattituck Fields Dear Mr. Danow.ski r The Planning Board palled me on S. up a copyept, hearing on Oct. 2nd. p 27th, regard n the latest Plot Plan asitcisdnot dated . it what g the adjacent to our I assuroe�to be the property. shows a 60ft. Buffer gone What legal safeguards will be in Buffer Zone from being place to removal of trees. The Bufferto store cars, boatsptrailers and the this. to the lot owners Lone , ill be deeded in its � according to entirety. .the lot dimensions... to remove them ? If by Covenents, who will enforce them, who Will havethe right Assuming the validity relin uishin our_ r of the Duffer Zone, we wii7 t�e`_�Propose-- -_- r 3500 _1on�r� 25' wide H.O.4�. - onsi-der- at thesouth end o faoved road-connectin- '� _- to Bergen Ave. and erectinga 6r property, g to our Sr—wide hi • h wooden stock de ifencchange for 14r. f•acarito road W est , private road. parallel with I our East_ I ' The fence to follovr the South boundary West .11.0.:J. At the East epd Y of our . i .. about 300r and then E the ' this fence will be on our vide past to our paved road for about 500uffe netgr in from the South R.Q.-el ea •eoO making he total fence length 800r °f I believe this fence shoull be set up as an .Cam future problems of maintence etc . .cement to avoid This fence should be treated with "Woodli " erection, plus the use of CCA treated Posts. Thee or equal the IVorth _side of the fence to sould before Our•Private road is only prevent children from tclimbing be on trees. and bushes its my one ( over, woods g lane wide and bordered by could easily be Injured so a _hild runnin he fence be erected before the Site work has b Its impor an-ttthattthis fence, we have an o egun, entrance' to the rlaoarl ,vieir to the development b In addition to the 101�12r hiSh planted inptheert need a y our present p Y` We mininum of Leland high Planted sIn road area on the 's/s of they trees Yparis Lelandia) would be Ideal . fence. Our neighors, Mr.& r�lrs. and have agreed tog ao lon w Qr thur Burns _ g ith thi posalve. the sub,�ecta�o conditions. Oct Arthur Burns ions. Yours - NORTH FORK FENCE AND SUPPLY COMPANY Wholesale & Retail , P.O. BOX 476•NORTH ROAD (RT 48) MATTITUCK, NEW YORK 11952 (516)298-4777 FAX#(516)298-2291 NAME. Warren 'Arady DATE 10130/99 ADDRESS I5t)(1 Private toad TELEPHONE 798-800-4 iNatti_�k. ►V. Y. 11952- ' 9�y'1y _ JOB LOCATION: Left onto Ruth Rd. , go to end and onto Private paved. road. 2nd driveway on right. FOR: install a total of 862' of 6 ' high stockade fatice on 4x4 CCA posts (straijht run) . Clearing of area necassary to install ranee. •Total 4i:2 cedar stockaaa �6819.DO -Total #1 spruce stockade 46477 .UU PLEASE SIGN ESTIMATE AND RETURN YELLOW COPY TO OUR OFFICE WITH YOUR DEPOSIT. 1/2 deposit required before start. Balance due upon completion of Job. Purchaser is to properly mark or designate the correct fence lines by stakes or other means. All obstructions which might in any manner interfere with the erecting of the fence or gates shall be removed by the Purchaser, prior to the commencing of the work. The price quoted in this estimate is based upon normal erecting conditions. If, however, it is necessary to drill ledge rock for setting posts,or to make special provisions for setting fence in swampy or soft ground, or to perform any additional work not covered by this contract, a reasonable charge is to be made to the purchaser for such work or special construction as an extra. This company is not responsible for rain or wind damage to 4oM fencing. Unless otherwise provided, the fence is to follow the existing ground lines. If grading or filling of the ground is necessary to the proper installation of the fence, this work is to be done by the Purchaser. We are not responsible for any underground damage of wire, pipes, etc. unless properly staked or marked by owner or contractor. ACCEPTED Owner of Property YOUNG &YOUNG Planning, Engineeting&Land Suweging 400 Ostrander Avenue Telephone(516)727-2909 Riverhead, New York 11901 Facsimile(516) 727-01" NOWARD W.YOUNG,Land Surveyor THOMAS C.WOLPERT,Professional Engineer KENNETH F.ABRUZZO,Land surveyor April 1, 1998 . JOHN SCNNURR,Land Surveyor ATTN: Mr. Jim Humphreys. Cablevision 254 Old Country Road Riverhead, New York 11901 RE: THE FIELDS AT MATTITUCK at Mattituck,.T/O Southold, New York (88-1432) Dear Mr. Humphreys: Please provide us with a letter indicating what underground facilities Cablevision will install to serve the 27 residential lots at the above referenced location. Enclosed are two (2) prints of the Final Plat, last dated October 10, 1997, for your use. If you have any questions regarding this request, please contact us. Very truly yours, Thomas C. Wolpert TCW/dc Encl. cc: /Peter S. Danowski, Jr., Esq. YOUNG &YOUNG Planning, Engineering&Land Surveying 400 Ostrandet Avenue Telephone(516)727-2909 RIvethead, New York 11901 Facsimile(516) 727-01" NOWARD W.YOUNG,Land Surveyor THOM C.WOLPERT,Professional Engineer KENNETH F.ABRUZZO,Land surveyor April 1, 1998 JOHN SCNNURR,Land Surveyor ATTN: Mr. Tim Dirnberger LILCO New Business Department 600 Doctor's Path RD-2 Riverhead, New York 11901 RE: THE FIELDS AT MATTITUCK at Mattituck, T/O Southold, New York (88-1432) Dear Mr. Dirnberger: Please provide us with a letter indicating what underground facilities LILCO will install to serve the 27 residential lots at the above referenced location. Enclosed are two (2) prints of the Final Plat, last dated October 10, 1997, for your use. If you have any questions regarding this request, please contact us. Very truly yours, Thomas C. Wolpert TCW/dc Encl. cc: /Peter S. Danowski, Jr., Esq. YOl1NG &YOUNG Planning, Engineering&Land Surveying 400 Ostrander Avenue Telephone(516)727-2303 Riverhead, New York 11901 raesimile(516) 727-ot4 4 HOWARD W.YOUNG,Land Surveyor THOM C.WOLPERT,Pwassionai Engineer KENNETN F.ABRUZZO,Land Surveyor April 1, 1998 JOHN 2CNNURR,Land Surveyor ATTN: Mr. Michael Kretschmer Bell Atlantic 501 North Ocean Avenue, Room 100 Patchogue, New York 11772 RE: THE FIELDS AT MATTITUCK at Mattituck, T/O Southold, New York (88-1432) Dear Mr. Kretschmer: Please provide us with a letter indicating what underground facilities Bell Atlantic will install to serve the 27 residential lots at the above referenced location. Enclosed are two (2) prints of the Final Plat, last dated October 10, 1997, for your use. If you have any questions regarding this request, please contact us. Very truly yours, Thomas C. Wolpert TCW/dc Encl. cc: /Peter S. Danowski, Jr., Esq. DECLARATION AND COVENANT THIS DECLARATION made the day of April, 1998, by KIT REALTY, INC., a domestic corporation with a principal office located at 95-40 Roosevelt Avenue, Jackson Heights, NY 11372, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate at Mattituck, in the Town of Southold, Suffolk County, New York, more particularly bounded and described as set forth in Schedule "A" annexed hereto as provided by the Declarant; and WHEREAS, for and in consideration of the granting of a major subdivision application entitled, "The Fields at Mattituck", as shown on Final Plat last dated October 10, 1997 prepared by Young and Young, Licensed Land Surveyors, a copy of which is attached hereto and made a part hereof, and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal -representatives, distributees, successors and assigns, to wit: 1. The use and development of the portion designated as Agricultural and Open Space Easement Area on Lot Number 27 of the Fields at Mattituck subdivision, will forever be restricted to dime or all of the following: (a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation, pest control and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended.to promote and enhance agricultural production encompassing the production for commercial purposes of field.crops (including without limitation, corn, wheat, oats, rye, barley, hay, potatoes and dry beans); fruits (including without limitation, apples, peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; (b) Open fallow; -2- (c) Operations, encompassing the, maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and-poultry) which are found acceptable and reasonably necessary by the Planning Board; (d) Landscaped, wooded areas with lanes, walkways, foot paths, ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 2. The following shall be adhered to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of maintaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and the agricultural value of said premises: (a) If at any time the ownership of the area shall change, or the use of the area shall be changed form the use present at the time of subdivision approval (fallow farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this -3- report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. (b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. (c) No Top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. (d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. (e) No streets, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon. . (fl Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees, plants or other vegetation located thereon, shall be killed, destroyed, cut or removed therefrom. (g) No dumping, placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive -4- material shall be permitted on or within the said premises. (h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. (i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 27 as designated on the final subdivision plat for "The Fields at Mattituck". Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. (j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval. (k) The aforementioned not withstanding, specifically permitted shall be the construction of underground utilities, including public water supply. 3. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the Town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and -5- r P provisions have not been violated, such inspection to be at reasonable times. 4. There shall be no further subdivision of any lot within the subdivision within perpetuity. 5. There shall be no disturbance of any kind within the Non Disturbance Natural Vegetation Retention buffer area. This includes, but is not limited to, the prohibition of structures of any kind, including fences within this area and the prohibition of and any type of grading or clearing of the natural growth within this area, except a fence may be erected and maintained within the northernmost natural vegetation retention buffer area within lots 1, 2 and 3. 6. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to'same and to insure that such covenants, terms and provisions have not been violated. 7. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. -6- 8, These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their,consent a to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year above written. KIT REALTY, INC. BY: STATE OF NEW YORK ) COUNTY OF ) ss.: On the day of April, 1998, before me came JOSEPH MACARI, to me known, who, being by me duly sworn, did depose and say that he resides at 95-40 Roosevelt Ave., Jackson Heights, NY 11372; that he is the President of KIT REALTY, INC., the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; and that he signed his name thereto by like order. . Notary Public -7- I TERMS FOR OPEN SPACE EASEMENT AREA Y. The use and development of the portion designated as Agricultural and Open Space Easement Area on Lot Number 27 of the Fields at Mattiluck subdivision, will forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation,pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for '•- commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hag,potatoes and dry beans);fruits (including without limitation, apples,peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary by the Planning Board; d) Landscaped, wooded areas with lanes, walkways,foot paths,ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 2. The following shall be adhered to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of mantaining said premises in its current condition for continued agrieultural'produclion and to prevent the degradation of loss of the aesthetic open space and the agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (fallow Terms for Open Space Easement Area Page 2 farmland) or any subsequently approved use, to any/ other tl/pe of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by/ the Soil Conservation Service for this particular property. The farming practices shall then comply/ in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loans, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall,be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted, thereon. fJ Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping,placement, storage or burning of any liquid or solid-waste, garbage, ashes, sawdust, trash. , rubbish, refuse or other'toxic, hazardous, objectionable,, unsightly or offensive material shall be permitted on or within the said premises. / 1 h) The said premises -will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. l J. Terms for Open Space Easement Area Page J i) All structures, whether temporary or permanent, shall be a•I located within the building envelope for Lot Number IW as designated on the final subdivision plat for Mvekcove--AA f4V ("�- BstatearTemporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval y. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at reasonable times. DECLARATION made as of the day of , 19 by , a corporation organized and doing business in the State of New York, with offices at New York hereinafter referred to as "Sponsor". WITNESSETH : WHEREAS, Sponsor is the owner of real property described in Article 2 of " this Declaration and shown on the filed subdivision map, which Sponsor, as Declarant, desires to develop as a residential community with an internal roadway for the benefit of said community; and WHEREAS, Sponsor desires to,provide for the preservation of the values and amenities in said community, and for the maintenance and use of the internal roadway; and, to this end. desires to subject the real property described in Article 2 to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property, and each owner thereof, and WHEREAS, Sponsor has deemed desirable, for the efficient preservation of the values and amenities in said community to create an agency to which should be delegated and assigned the,powers of maintaining the administering the community property and improvements and administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter created and; ' WHEREAS, Sponsor has incorporated Homeowner's Association, Inc. under the Not-For-Profit Corporation Law of the State of New York, for the purpose of exercising the aforesaid functions: NOW, THEREFORE, Sponsor, for itself, its successors and assigns, declares that the real property described in Article 2 is and shall be held, transferred, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens and other provisions of this Declaration as hereinafter set forth. ARTICLE 1 Definitions The following words when used in this Declaration shall, unless the context clearly requires otherwise, have the meanings set forth below. (a) "Association" shall mean and refer to the Homeowner's Association, Inc., a New York Not-For-Profit Corporation. (b) 'The properties" shall mean and refer to all such existing properties as are subject to this Declaration. (c) - "Home" shall mean and refer to all units of residential housing situated upon the properties. (d) "Owner" shall mean and'refer to the record owner in fee simple title to any home, including the Sonsor, with regard to any unsold home. Every homeowner shall be treated for all purposes as a single owner for each home held, regardless of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, a majority vote of such owner shall be necessary to cast any vote to which such owners are entitled. (e) "Member" shall mean and refer to each holder of a membership interest in the Association, as such interest is set forth in Article 3. (fl "Development" shall mean THE FIELDS AT MATTITUCK, which consists of twenty seven (27) residential units to be constructed -2- (g) "Sponsor" shall mean and refer to , Inc. a New York corporation doing business in New York, and parties succeeding to its interest as Sponsor. (h) "Common area property" shall mean and refer to certain are of land other than individual lots as shown on the file subdivision map and intended to be devoted to the common use and enjoyment of the owners of the properties. In this case, the common area property consists primarily and exclusively of an internal roadway and associated drainage system. (i) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of the property, but shall not include common area property as herein defined. ARTICLE 2 Property Subject To This Declaration Section 1 - Properties. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is all that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County. of Suffolk and State of New York, being more particularly bounded and described in Schedule "A" annexed hereto. ARTICLE 3 Membership And Voting Rights In The Association Section 1- Membership. The Association shall have as members only owners. All owners shall, upon becoming such, be deemed automatically to have become members and there shall be no other qualification for membership. Membership shall be appurtenant to, and shall not be separated from, the ownership of any of the interests described in the definitions of the word "owner" as found in Article 1 of this Declaration. -3- Section 2- Voting Rights in the Association. The Association shall have one class of voting membership: Each member shall be entitled to one vote. For purposes of this section, the word "home" shall have the same meaning as "lot", and, therefore, if there is no home constructed on a particular lot, the owner thereof shall still be considered a member entitled to cast the vote as herein provided. Section 3 - Interest in More Than One Home. If any member owns or holds more than one home, such member shall be nevertheless entitled to one vote irrespective of the number of homes owned. Section 4 - Homes Owned or Held by More Than One Person. When any home is owned or held by more than one member as tenants by the entirety, or in joint tenancy, in common or any other manner of joint or common ownership or interest, such members shall collectively be entitled to only that number of votes prescribed herein for such home, and if such members cannot jointly agree as to how that vote should be cast, no vote shall be allowed with respect to such home. Section 5 - Holder of Security Interest Nor a Member. Any person or entity which holds an interest in a home merely as security for the performance of an obligation shall not be a member. Section 6 - Restrictions on Voting. Any member who is in violation of these protective covenants, conditions and restrictions as determined by the Board of Directors of the Association, shall not be entitled to vote during any period in which such violation continues. Any member who fails to pay any dues or any special assessments established by the Association shall not be entitled to vote during any period in which any such dues or assessments are due and unpaid. -4- • Y Section 7 - Assigning Right to Vote. The developer may assign its membership in the Association to any person, corporation, association„ trust or other entity and such assignee and future assignee of such membership may make successive like assignments. Any member of the Association shall be entitled to assign his right to vote, by power of attorney, by proxy or otherwise, provided that such assignment is made pursuant to the'by-laws of the Association. The by-laws may require that the assignment specify the meeting or issue to which the assignment. applies. In the case of a corporate member, votes may be cast by an appropriate officer of such corporation. In the case of joint or common ownership, any one such member shall be entitled to cast the vote with respect to the particular unit. Section 8 - Voting Regulations. The Board of Directors of the Association may make such regulations, consistent with the terms of these protective covenants, conditions and restrictions and the Certificate of Incorporation and By-Laws of the Association as it may deem advisable for any meeting of its members, in regard to proof of membership in the Association, evidence of right to vote, the appointment and duties of inspectors of votes, registration of members for voting purposes and such other matters concerning the conduct of meeting and voting as it deems fit. ARTICLE 4 Propert Rights In the Properties Section 1-Members' Easement of Enj oyment. Subject to the provisions of Section 3, every member.shall have a right and easement of enjoyment in and to and over the common are property, and such easement shall be appurtenant to and shall pass for the title of every home. -5- Section 2 - Title to Common Area Property. Prior to the conveyance of title to the first home on the properties, the developer shall convey to the Association legal title to the common area property subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Association, its successors and assigns: In order to preserve and enhance the property values and Amenities of the development, the common area properties shall, at all times, be maintained in good condition and shall be operated in accordance with high standards. The maintenance and repair of the common area property shall be limited to maintenance and repair of the internal roadway, together with any associated curbing, culverts and other appurtenances and drainage system as may hereafter be constructed, located, re-constructed and relocated. This section shall not be amended, as provided for in Article 9, Section 2, to reduce or eliminate the obligation for maintenance and repair of the common area property. Section 3 - Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to dedicate or transfer all or any part of the common area property to any.public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by members and their mortgagees entitled to cast 80% of the eligible votes has been recorded, agreeing to such dedication, transfer, purpose or condition and unless written notice of the action is sent to every member at lease ninety-days in advance of any action taken. -6- (b) The right of the Sponsor and of the Association to grant and reserve easements and rights-of-way, in, through, under, over and across the properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, electric, gas, drainage, cable television and other utilities, and the.rights-of-way of the sponsor to grant and reserve easements and rights-of-way in, through, under, over, upon and across the properties for the completion of the Sponsors work under Section 1 of Article 5. (c) The Rights of others to gain access over the proposed road system should a proposed road be connected to the adjacent property. (Now or formerly of Douglas A. and Francis M. Cooper.) ARTICLE 5 Development of Section 1 - Sponsor intends to construct homes on approximately acres of land comprising part of the properties. Section 2 - Easement. Sponsor does hereby establish and create for the benefit of the Association and for all owners, from time to time, of homes subject to this Declaration, and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privileges: (a) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under and across the streets (and shown on the filed map as they may be built or relocated in the future) for all purposes; (b) Rights to connect with, maintain, and make use of utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may, from time to time, be in or along the streets and roads or other -7- areas of the properties. Connection to such utility lines shall be at the sole expense of the individual homeowner who shall also be obligated to restore the common area property after the connection has been made. Section 3 - Reservation of Easements. Sponsor reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under and across the properties, for the purpose of completing its work under Section 1 above, and towards this end, reserves the right to grant and reserve easements and rights-of-way in, through, under, over and across the properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, electric, gas and other utilities, and for any other materials or services necessary for the completion of the work. Sponsor also reserves the right to connect with and make use of the utility lines, wires, pipes, conduits, cable television, sewers and drainage lines which may, from time to time, be in or along the streets and roads of other areas of the properties. Finally, Sponsor reserves the right to continue to use the properties at any sales office, model homes and signs located on the properties in its effort to market homes constructed on the properties. This paragraph may not be amended without the consent of Sponsor. Section 4 - Encroachment,on Lots. In the event that any portion of the internal roadway, together with associated curbing, culverts and associated drainage system, water lines, sewer lines, utility lines, or any structure as originally constructed by Sponsor, encroaches upon any lot or upon the common area property, it shall be deemed that the owner of such lot or the Association has granted a perpetual easement to the owner of the adjoining lot or the Association, as the case may be, for continuing maintenance and use of such encroachment. The foregoing shall also apply to any replacements of any such roadway, together with associated curbing, culverts and drainage system, -8- water lines, sewer lines, utility lines,,-building or structure, if same are constructed in substantial conformance to the original. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. ARTICLE 6 Covenant For Maintenance Assessments Section 1 - Creation of the Lien and Personal Obligation. the Sponsor, for each home owned by it within the properties, hereby covenants and each owner of any home by acceptance of a deed, therefor, whether or not it shall be expressed at such deed or conveyance, shall be deemed to covenant and agree to pay to the Association such assessments as are fixed by the Association' . Board of Directors and assessed to the members as hereinafter provided. All sums assessed to the Association but unpaid, together with such interest thereon as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such member against which each such assessment is made. East such assessment, together with interest thereon, and the cost of collection thereof, as hereinafter provided, shall be a personal obligation of the person who,was the owner of such property at the time when the assessment fell due. The foregoing is intended to include the existing home already situate upon the properties. Section 2 - Purpose of the Association. The assessments levied by the Association shall be used exclusively for the purpose of maintenance of the common area property, including, without limiting the foregoing, to the payment of taxes (if any), insurance thereon and maintenance, replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. -9= t: Section 3 - Assessments. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each member prior to assessing the members thereon. The Board shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges,to cover any deficits from prior years. The total annual requirements and any supplemental requirements shall be allocated between, assessed to and paid by the members as follows: Each member Shall pay a portion of said requirements, the numerator of which shall be one and the denominator of which shall equal to the number of lots on the property subject to this declaration: The Sponsor's obligation for such assessments on unsold homes (whether built or unbuilt) subject to this Declaration, will be limited to the difference between the actual operating costs of the Association, including reserves on the common area property, and the assessments levied on the owners who have closed title on their homes. In no event, however, will the developer be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying assessments on unsold homes. The sum due the Association from each individual homeowner shall constitute an assessment of the Board of Directors and unpaid assessments shall constitute liens on the individual homes, subject to foreclosure as hereinafter provided. Section 4 - Due Dates: Duties of the Board of Directors. All assessments shall be payable monthly, in advance, as ordered by the Board of Directors, The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each home and -10-. shall prepare a roster of the homes and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any member. Upon written request of a member or his mortgagee, the Board shall promptly furnish such member'or his mortgagee with a written statement of the unpaid charges due from such member. Section 5 - Effect of Non-Pg=ent of Assessment, Personal Obligation of the Member; the Lien. Remedies of the Association. If an assessment is not paid on the date when due, as fixed by the Board of Directors, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof'as hereinafter provided, thereupon become a continuing lien on the member's home which shall bind such property in the hands of the member, his heirs, devisees, personal representatives and assigns. Such lien shall be prior to all other liens, except (a) tax or assessment liens on the home by the taxing subdivision of any governmental authority, including, but not limited to, state, county and school district taxing agencies, and (b) all sums unpaid on any first mortgage of record encumbering the home. The personal obligation of the member who was the owner of the home when the assessment fell due to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in the title unless expressly assumed by them. If the assessment is not paid within thirty days after the delinquency date, the assessment shall bear interest from the date of delinquency at the maximum permissible rate in the State of New York, and the Association may bring an action at law against the member or former member personally obligated to pay shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event judgment is obtained, such judgment shall include interest on the assessment as above 41- provided and reasonable attorneys' fees to be fixed by the court, together with the costs of the action. ARTICLE 7 Insurance The Board of Directors shall maintain public liability insurance to the extent obtainable covering the Association, each Association member, lease and occupancy against liability for any negligent act of commission or omission attributable to them which occurs on, in or over the common area property. All insurance premiums for such coverage shall be paid for by the Association. ARTICLE 8 Use of Property The use of a home by a member or other occupant shall be subject to the rules, regulations and provisions of this Declaration, the by-laws and rules and regulations of the Board of Directors and the following covenants and restrictions: (a) Any member who mortgages or sells his home shall notify the Board of Directors providing the name and address of his mortgagee or new owner. (b) The Board of Directors shall, at the request of the mortgagee of the home, report any delinquent assessments due from the owner of such home. (c) Regulations promulgated by the Board of Directors concerning the use of the common area properties shall be observed by the members provided, however, that copies of such regulations are furnished to each member prior to the date the said regulation becomes effective. (d) The maintenance assessments shall be paid when due. -12- (e) No resident of the community shall post any advertisement or poster of any kind in or on the common area property, except as authorized by the Board of Directors. This paragraph shall not apply to the Sponsor. (fl No nuisance shall be allowed upon the property, nor shall any use or practice be allowed which is a source of annoyance to residence or which interferes with the peaceful possession and proper use of the property to its residents. (g) No improper, offensive or unlawful use shall be made of the property, nor any part thereof, and all valid laws, Zoning Ordinances, the Regulations of all governmental body having jurisdiction thereof, shall be observed. (h) No fence or gate shall be erected on the property without the prior written consent of the Board of Directors. (I) No repair of motor vehicles shall be made in any of the roadways, driveways or parking areas to the development, nor shall such areas be used for storage, parking of any bus; truck or commercial vehicle without the written permission of the Board of Directors. ARTICLE 9 General Provisions Privileges. The easements, licenses, rights and privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Association and the owners of homes in existence and to be constructed on the properties; and any owner may also grant the benefit of such easement, license or right or privilege to his tenants and guests and their immediate families for the duration of their tenancies or visits, subject to the case of the common area property. to the rules and regulations of L� -13- the Board of Directors, but the same is not intended, nor shall it be construed as creating any rights in or for the benefit of the general public. Section 2 - Duration and Amendment. The covenants and restrictions in this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, any member, or the owner of any land subject to this Declaration, their legal representative, heir, successors and assigns, until , unless otherwise expressly limited herein, after which time said covenants and restrictions shall be automatically extended for successor periods of ten years, unless an instrument signed by 66 2/3% of the homeowners has been recorded, agreeing to change said covenants and restrictions in whole or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created with regard to the properties by Section 2 of Article 5 shall be perpetual, run with the land and shall survive any destruction, reconstruction and relocation of the physical structures, unless said provision is abrogated by the unanimous written consent of all of the homeowners. Unless specifically prohibited herein, this Declaration may be amended by an.instrument signed by members holding not less that 66 2/3% of the votes of the membership. Any amendment must be properly recorded to be effective. Section 3 - Disposition of Assets Upon Dissolution of Association Upon dissolution of the Association, its real and personal assets, including the common area property,`shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable as to those which they were required to be.devote devoted to by the Association. In the event such dedication is refused acceptance, such asset shall be granted, conveyed and assigned to any non-profit corporation, association, trust or -14- other organization to be devoted to purposes as nearly as practicable as to those to which they were required to be devoted by the Association. No such disposition of the Association property shall be effective to divest or diminish any right or title to any member vested in him under the licenses, covenants and easements of this Declaration, or any subsequently recorded covenants, deed or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any rights thereunder on account of such disposition. Section 4 - Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing. Section 5 - Administration. The administration of the Association shall be in accordance with the provisions of the Association By- Laws, which are made a part of this Declaration and attached hereto as Exhibit «B„ Section 6 - Serverability.. Invalidation of any of the covenants, limitations or provisions of this Declaration by a judgment or court order shall in no way affect any of the remaining.provisions hereof, and the same shall continue in full force and effect. BY: President ATTEST: Secretary -15- • i _ I ! I ! .TITLE NO. FNT9711265 SCHEDULE A ALL that certain plot, piece or parcel of land., situate, lying and being at Mattituck;. Town of Southold, County of Suffolk and State . of New York, bounded and described as follows : i BEGINNING at a point on the northerly side of Bergen Avenue, distant 440 . 55 feet westerly from the corner formed by, the intersection of the northerly side of Bergen Avenue 'with the i westerly side of Cox Neck Road; ; THENCE along the northerly side of Bergen Avenue, South 75 degrees '' 36 minutes 30 seconds West, 860 . 63 feet to the . easterly line of Coopers Lane; I THENCE along the easterly side of Coopers Lane, North 24 degrees 47 j minutes 40 seconds West, 201 . 58 feet; THENCE still along easterly side of Coopers 'Lane, North 22 degrees I 18 minutes 50 seconds West, 269 . 53 'feet; THENCE along land now or formerly of David Cooper, the following. 13 courses and distances : i l 1. North 22 degrees 3'3 minutes 50 seconds West, 789 . 50 feet; 2 . North 67 degrees 18 minutes 10 seconds East', 189 . 71 feet; 3 . North 68 degrees 46 minutes 10 seconds East, 307 . 64 feet to a monument; ' i 4 . North 23 degrees 13 minutes 30 seconds West, 107: 72 feet; 5 . North 28 degrees 18 minutes 30 seconds West, 150-34 feet; 6 . North 16 degrees 38 minutes 10 seconds West, 204 . 00 feet; 7 . South 59 degrees 23 minutes West, 234 . 69 feet; 'i 8 . South 62 degrees 51 minutes West, 266 . 94 feet; .. i 9 . North 21 degrees 29 minutes; 20 seconds West, 854 . 13 feet; 10 . North 22 degrees 39 minutes 'West, 200 . 0'6 feet; ! 11. North 20 degrees 18 minutes West, 410 .85 feet; i t a .. 12 . North 15 degrees 57 minutes West, 100 .40. feet; 13 . North 23 degrees 15 minutes West, 29 . 52 feet; THENCE along the southerly line of land now or formerly of Eastman, Rohdenburg & Smith, North 68 degrees 11 minutes -10 seconds East, 837. 76 feet to the westerly line of land . now or formerly of Sledzuiski and others; THENCE along said land the following courses and � istances : - 1. South 21 degrees 48 minutes 40 seconds East, ' 674 . 00 feet; 2 . South 23 degrees 41 minutes 40 seconds East, , 100 . 0.3 feet; 3 . South 22 degrees 00 minutes 50, seconds East, 561 . 66 feet; 4 . South 22 degrees 20 minut,es 09_ seconds East, 544. 80 . feet; 5 . South 20 degrees 3.0 minutes 20 seconds East, 100 . 06 feet; 6 . South. 21 degrees 45 minutes 40 seconds East, 99 . 79 feet; 7 . South 19 degrees 45 minutes 20 seconds East, 100 . 06 feet; 8 . South 22 degrees 28 minutes 40 seconds East, 200 .40 feet; 9 . South 18 degrees 36 minutes '50 seconds East, 100 . 15 feet; 10 . South 23 degrees 03 minutes 40 seconds East, 200 . 05 feet; 11. South 22 degrees 57 minutes 30 seconds East, 684 .47 feet to the northerly side of Bergen Avenue to the point' or place of BEGINNING. i BY-LAWS OF ASSOCIATION, INC.BY-LAWS A New York Not-For-Profit Corporation ARTICLE 1 Name, Location and Principal Office These are the By-Laws of Homeowner's Association, Inc.. ( hereinafter referred to as the "Association"). The principal office of the Association shall be Town of , County of , State of New York.. ARTICLE 2 Definitions The following words when used in These By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a)) "Association" shall mean and refer to the Association, Inc,. a New York Not-For-Profit Corporation. (b) ""Sponsor" " shall mean and refer to a New York corporation, and its successors and assigns. (c) "Declaration" shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens applicable to the properties recorded among the land records in the Clerk of the County of New York. (d) The "properties" shall mean and refer to all those areas of land described in and subject to the Declaration. (e) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses as shown on the subdivision map of the properties, but shall not include the common area property herein defined. (fl "Member" shall mean and refer to each holder of a membership interest in the Association as such interest is set forth in Article 6. (g) "Home" shall mean and refer to all units of residential housing situated upon lots located on the properties. (h) "Owner" shall mean and refer to the record owner in fee simple title to any home, including the Sponsor, with regard to an unsold home. Every homeowner shall be treated, for all purposes, as a single owner for each home held, regardless of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, a majority vote of such owners shall be necessary to cast any vote to which such owner or owners are entitled. (I) "Common area properties" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to be devoted to the common use and enjoyment of the owners of the properties. (j) "Development" shall mean a home development consisting of homes to be constructed and home already in existence upon the properties. ARTICLE 2 Purpose The Association is formed to own, operate and maintain the common area property for the benefit of the members of the Association. -2- ARTICLE 4 Applicability All present and future members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its members. ARTICLE 5 Use of Common Area Properties The common area properties shall be limited to use of the members, their guests and invitees. In the event that a member shall lease or permit another to occupy his home, the leasee or occupant shall be permitted to enjoy the use of the common area property subject to the same restrictions and limitations as said member. Any member, leasee or occupant entitled to the use of the Association common area property may extend such privileges to members of his family residing in his household by notifying the Association in writing of the names of any such persons and of the relationship of such member, leasee or occupant to such persons. ARTICLE 6 Membership and Voting Rights Section 1 - Membership. The Association shall have one class of membership interest as follows: The owner of each home (or "lot", in the event no home is constructed on such lot on the properties shall be a member, whether such ownership is joint, in common or tenancy by the entirety. Each member is entitled to one vote. When more than one person or entity holds such interest in any home, the,one vote attributable to such member shall be exercised as such persons mutually determined, but with the exception of cumulative voting employed in the election of directors. Not more than one -3- vote may be cast with regard to any such home. No member shall split or divide its votes on any motion, resolution or ballot other than in the cumulative voting procedure employed in the election of directors. ARTICLE 7 (quorum, Proxies and Waivers Section 1 - Quorum. So many members as shall represent at least 51% of the total authorized votes of all members present, in person or represented by written proxy, shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by statute, by the Declaration, the Certificate of Incorporation of the Association or by the By-Laws. If, however, such quorum shall not be present or represented at any meting of the Association, the members entitled to vote thereat, present, in person or represented by written proxy, shall have the power to adjourn the meeting. At least five days' written notice of such adjourned meeting shall be given to all members. At such adjourned meeting, any business may be transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33 1/3 of the total authorized votes of all members shall constitute a quorum. Section 2 - Vote Required to Transact Business. When a quorum is present at any meeting, the vote of a majority of the members present in person or represented by written proxy shall.decide any question brought before such meeting and such vote shall be binding upon all members, unless the question is one upon which by express provision of the statute, Declaration, Certificate of Incorporation or of these By-Laws, a different vote is required; in which case such express provisions shall govern and control the decision of the question. -4- Section 3 - Right to Vote. Members shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such pr oxy shall only be valid for such meeting or subsequent adjourned meetings thereof. Section 4 - Proxies. All proxies shall be in writing signed by the member, and shall be filed with the secretary of the Association prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5 - Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by statute or by any provision of the Declaration, Certificate of Incorporation or of these By-Laws to be taken in connection with the membership may be dispensed with if all members who would have been entitled to vote upon the action of such meeting were held, shall consent in writing to such action being taken. Section 6 - Place of Meeting. Meetings shall be held at any suitable place convenient to the members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7 - Annual Meetings. The annual meeting of the membership of the Associate shall be held on such dates is fixed by the Board of Directors. At such meetings, there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article 7 of these By-Laws. The members may also transact such .other business as may properly come before the meeting. Section 8 - Special Meetings. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the secretary of a petition signed by a majority of the . members. -5- Section 9 - Notice of Meetings.' It shall be the duty of the secretary to mail a notice of each annual or special meeting, stating the purpose thereof, as well as the time and place where it is to be held, to each member at least ten (10), but not more than thirty (30), days prior to such meeting. The mailing of a notice in the manner provided by these By-Laws shall not be considered a notice served. Section 10 - Order to Business. The order of business at all meetings shall be as follows: (a) roll call; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) report of officers; (e) report of committees; (fl appointment of inspectors of election (in the event there is an election); (g) election of directors (in the event there is an election); (h) unfinished business; (i) new business. ARTICLE 8 Board of Directors Section 1 - Number and Term. The number of directors who shall constitute the whole Board shall not be less than three nor more than five. An initial Board consisting of three directors shall be designated by the Sponsor to serve until the first annual meeting of the Association. At the first annual meet, and at all subsequent annual meetings, the members shall vote for and elect five directors serve for one year terms and until their successors have been duly elected and qualified. All directors, other than those the Sponsor shall have the right to designate, must be either members of the Association or immediate family members residing in the member's home. Each director shall be at least eighteen years of age. Section 2 - Cumulative Voting and Rights of Sponsor to Designate Certain Board Members." In an election of directors, each member shall be entitled to as many votes as shall equal the-number of directors to be elected -6- and a member may cast all of such votes for a single director or may distribute them among two or more directors as he or she sees fit. Notwithstanding the foregoing, the Sponsor shall have the right to designate three directors until the third anniversary date of the recording of the Declaration or until 75% of the homes in the development are sold, whichever is sooner. Thereafter, the Sponsor shall have the right to designate one director for so long as it holds at least one membership. When the Sponsor no longer holds any membership interests, it may not designate any directors. The Sponsor may not cast its votes to'elect any directors in addition to the designated directors set forth above. Section 3 - Vacancy and Replacement. If the office of any director becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining directors, though less than a quorum at a special meeting of directors duly called for this purpose, shall choose a successor who shall hold office for the unexpired term in respect of which such vacancy occurred and until his or her successor is duly elected and qualified. In the event a director appointed by the Sponsor resigns, the Sponsor shall have the right to appoint another director in his place. Section 4 - Removal. Directors may be removed for cause by an affirmative vote of a majority of the members. No director other than a designee of the Sponsor shall continue to serve on the Board if, during his term of office, he shall cease to be a member. Section 5 - Powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by statute, -7- Declaration, Certificate of Incorporation, or by these By-haws, directed or required to be exercised or done by the members or owners personally. These powers shall specifically include, but not be limited to, the following items: (1) To determine and levy annual assessments ("Association" assessments) to cover the cost of operating and maintaining the common area property payable in advance. The Board of Directors may increase the assessments or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses. (2) To collect, use and expend the assessments collected to maintain, care for and preserve the common area property. (3) To make, repairs, restore or alter the common area properties after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings. (4) To open bank accounts and borrow money on behalf of the Association and to designated the signatories to such bank accounts. (5) To collect delinquent assessments by suit or otherwise, to abate nuisances, and to enjoin or seek damages from members for violations of the rules and regulations herein referred to. (6) To make reasonable rules and regulations and to amend the same from time to time. Such rules and regulations and amendments thereto shall be binding upon the members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each member. Such rules and regulations may, without limiting the foregoing, include reasonable limitations on the use of the common properties by guests of the members. (7) , To employ workmen, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide -8- maintenance and other services pertaining to the common area properties, and generally to have the power of directors in connection with the matter hereinabove set forth. (8) To bring and defend actions by or against one or more members and pertinent to the operation of the Association and to its special assessments to pay the cost of such litigation. (9) To hire a managing agent, if necessary, to perform and exercise the powers of the Board of Directors in the management of the common area property. (b) Notwithstanding anything to the contrary contained in these By- Laws, so long as the Sponsor or its designee shall continue to own membership interests representing at least 5% of the total membership or.more, but in no event later than three years from the closing of title to the first home, the Board of Directors may not, without written consent (i) Make any addition, alteration or improvement to the common area, or (ii) assess any Association charges for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund, or (iii) enter into any service or maintenance contract for work not covered by contracts in existence on the date the Declaration of Covenants, Restrictions, Easements, Charges and Liens is recorded, or (iv) borrow money on behalf of the Association, or (v) increase or decrease the services or maintenance set forth in the budge submitted to the New York State Department of Law, or (vi) purchase any materials, equipment or other goods costing in excess of$1,000.00 -9- Sponsor shall not use its veto power or control of the Board of Directors to reduce the level of services described in the Declaration of Covenants, Restrictions, Easements, Charges and Liens, or prevent expenditures required to comply with applicable laws or regulations. While Sponsor is in control of the Board of Directors, no mortgage liens will be placed on the common area property without the consent of at least 5 1% of the homeowners other than directors or developers r Sponsor's nominee. Section 6 - Compensation. Directors and officers shall receive no compensation for their services. Section 7 - Meetings. (a) The first meeting of each Board newly elected by the members hall be held immediately upon adjournment of the meeting at which they reelected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of Directors shall be held at the same place as the annual meeting of Association members, and immediately after the adjournment of~same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. . (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President ion two days' notice to each director, either personally or by mail or telegram. Special meetings shall be called by the President or secretary in the like manner and on like notice on the written request of at least two directors. (d) At all meetings of the Board, a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as -10- . L may be otherwise specifically provided by statute or by the Declaration or by these By-Laws. If a quorum shall not be present at any meeting of the Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at any meeting of the Board of Directors, any director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. attendance by a director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all of the directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Section 8 - Annual Statement. The Board of Directors shall furnish to all members and shall present annually (at the annual meeting) and when called for by a vote of the members at any special meeting of the members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and, if appropriate, a profit and loss statement verified by an independent public accountant and, if applicable, a statement regarding any taxable income attributable to the members and a notice to the holding of an annual meeting by Association members. Section 9 - Liability. Directors shall not be liable to the members for any mistake of judgment, negligence or otherwise, except for their own individual willful misconduct or bad faith. -11- ARTICLE 9 Officers Section 1 - The officers of the Association shall be elected by and serve at the pleasure of the Board. Officers shall be a President, a Vice President, a Secretary, a Treasurer and such other officers as the Board deems appropriate. Officers may hold more than one office, except that the office of the Secretary may not be held by the President of the Vice President. Section 2 - Qualifications. The President shall be a director. Other officers need not be directors, but shall be qualified to be directors. Section 3 - Powers and Duties: The President, Vice President, Secretary and Treasurer shall have such powers and duties as are customarily conferred on similarly named officers of New York Not-For-Profit corporations, except as the land use documents may require or the Board may direct otherwise. Section 4 - Election. The Board of Directors at its first meeting after each annual meeting of the Association members, shall elect a President, a Vice President, a Secretary and Treasurer. Section 5 - Term. The officers shall hold office for a period of one year, or until their successors are chosen and u m their stead. An officer elected qualify � Y or appointed by the Board of`Directors may be removed with or without cause, at any item, by the affirmative vote of a majority of the Board of Directors present at such meeting, provided prior notice was given to all Board members that this item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. -12- Section 6 - Agreements. All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE 10 Notices Section 1 - Definitions. Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any director or Association member, and shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid, sealed wrapper, addressed to the Board of Directors, such director or member, as such address appears on the books of the Association. Section 2 - Service of Notice; Waiver. Whenever any notice is required to be given under the provisions of the Declaration, or of these By- Laws, a waiver thereof, in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE 11 Assessments and Finances Section 1 - Creation of the Lien-and Personal Obligations of Assessments The creation of the lien and personal obligations of assessments is governed by Section 1 Article 6 of the Declaration Section 2 - Purpose of Assessments. The purpose of assessments is as specified in Section 2 of Article 6 of the Declaration. Section 3 - Basis of Assessments. The basis of the assessments is as specified in Section 3 of Article 6 of the Declaration. -13- Section 4 - Date of Commencement of Assessments, Due Dates. Date of commencement and the due dates.of assessments are a specified in Section 4 of Article 6 of the Declaration. Section 5 - Effect of Non-Payment of Assessment; Remedies of the Association. The effect of non-payment of assessments and the remedies of the Association shall be specified in Section 5 of Article 6 of the Declaration. Section 6 - Subordination of Lien to Mortgages. The lien of the assessment provided for herein shall be subordinated pursuant to the provisions of Section 5 Article 6 of the Declaration. Section 7 - Checks. All checks or demands for money and notes of the Association shall be signed by the President and Treasure, or by such other officer or officers, or such other person or persons as the Board of Directors may, from time to time, designate. Section 8 -Operating Account. There shall be established and maintained a cash deposit account to be known as the "operating account" into which shall be deposited the operating portion of all monthly and special assessments as fixed and determined for all members. Disbursements from said account shall be for the general needs of the operation including, but not limited to, wages, repairs, betterments, maintenance and other operating expenses of the community. Section 9 - Other Accounts. The Board shall maintain any other accounts it shall deem necessary to carry out its purposes. ARTICLE 12 Amendments These By-Laws may be altered, amended or added to at any duly called meeting of Association members provided: -14- (1) that the notice of the meeting shall contain a full statement of the proposed amendment; and (2) that the amendment shall be approved by a vote of at least 66 2/3% of the members. No amendment, however, shall affect or impair the validity or priority of the member's interests and the interests.of holders of a mortgage encumbering a member's home. ARTICLE 13 Selling, Leasing and Gifts of Homes Section 1 - Selling and Leasing Homes. Any home may be conveyed or leased by a member free of any restrictions, except that no member shall convey, mortgage, pledge, hypothecate, sell or lease his home unless and until all unpaid Association expenses assessed against a home shall have been paid as directed, however, may be paid out of the proceeds from the sale of a home, or by the grantee. Any sale or lease of a home or unit in violation of this section shall be voidable at the election of the Board of Directors. Upon the written request of a member or his mortgagee, the Board or its designee shall furnish a written statement of the unpaid charges due from such member, which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the issuance of such statements. The provisions of this section shall not apply to the acquisition f a home by a mortgagee who shall acquire title to such home by foreclosure or by deed in lieu of foreclosure. In such event, the unpaid assessments against the home which were assessed and became due prior to the acquisition of title to such home by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. -15- Such provisions shall, however, apply to any assessments which are assessed and become due after the acquisition f title to such home by the mortgagee and to any purchaser from such mortgagee. Whenever the term "home" is referred to in this section, it shall include the home, the member's interest in the Association and the member's interest in any home acquired by the Association. Section 2 - Gifts, Etc. Any member may convey or transfer his home by give during his lifetime or devise his home by will or pass the same by intestacy without restriction. ARTICLE 14 General Provisions Section 1- Fiscal Year. The fiscal year of the Association shall be fixed by resolution of the Board of Directors Section 2 - Seal. The Association seal shall have inscribed thereon the name.of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3 - Examination of Books and Records. Each member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books `and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificate of Incorporation and the By-Laws of the Association shall be available for inspection by any member or first mortgagee at the principal office of the Association. Section 4 - Construction. Whenever the muscular and singular form of the pronoun is used in these By-Laws, it shall be construed to mean the -16- masculine, feminine or neuter, singular or plural, whenever the context so requires. s In the case of any conflict between the Certificate of Incorporation and these By-Law, the Certificate shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. Section 5 - Severability. Should any of the covenants, terms or provisions herein imposed be or become unenforceable at law or in equity, the remaining provisions of these By-Laws shall, nevertheless be and remain in full force and effect. -17- �-�� LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE R 0. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 FAX(516)727-7451 February 23, 1998 Southold Town Planning Board Town Hall - 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attn: Melissa Spiro Re: Proposed Major Subdivision The Fields at Mattituck SCTM # 1000 - 113 - 2 - 1.1 Dear Melissa: As indicated in my conversations with you at the Planning Board office, my client would like to gain final map approval for the above captioned subdivision. In October, we forwarded final maps showing the Health Department stamp of approval evidencing Article 6 compliance. Additionally, I forwarded proof that the Suffolk County Water Authority was willing to contract to provide public water to the site. One of their conditions, however, was receipt of three copies of an approved filed map. The approval process has been delayed by the Town's requirements of gaining both an approval from the Suffolk County Health Department and a contract from the Water Authority. As the Planning Board is no doubt aware, the Water Authority owns property adjacent to the site. Apparently, however, the Authority does not take the position that they can supply every subdivision with public water, despite the proximity of the water supply to any particularf ubd� rx �'sw�xar Tfi,. FEB 24 1998 Southold Town Planning Board Southold Town Planning Board Page 2 February 23, 1998 The map as proposed has addressed any mapping questions raised by your Board. Any delays in forwarding documentation as required by your Board have been caused by the inability to gain approval from the County agencies within your Town time periods. In reviewing the file, you will note that we have previously paid renewal fees. A review of my file indicates that the initial application was submitted under cover letter dated July 25, 1989. I would ask that a final approval be granted and that the maps be signed as submitted. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg HAND DELIVERED cc: Joseph Macari .. �Og�FFO(,�co� PLANNING BOARD MEMBERS �Z4 Gy 1 Town Hall, 53095 Main Road BENNETT ORLOWSKI,JR. o P.O. Box 1179 Chairman y �' Southold, New York 11971 WILLIAM J. CREMERS O t KENNETH L.EDWARDS Fax(516) 765-3136 ��� aO� GEORGE RITCHIE LATHAM,JR. r J� Telephone(516) 765-1935 RICHARD G.WARD . PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 9, 1997 Peter S. Danowski, Jr. P.O. Box 779 Riverhead, New York 11901 RE: Proposed Major Subdivision The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski: The Planning Board received the 'map last dated October 10, 1997 which contains a stamp of approval from the Suffolk County Health Department and the draft bond estimate which was submitted on November 20, 1997. Preliminary approval was granted on October 2, 1995. As you know, preliminary approval expires after 6 months, unless a request for an extension of.time is requested and then granted by the Planning Board. The last activity on this subdivision was on March 19, 1996, when the Planning Board adopted the Engineering Inspector's report. The Planning Board is requesting that you submit a written detailed explanation as to why the information required for the final submission was not submitted in a timely fashion. The Planning Board will review your explanation in determining whether or. not to grant an extension of preliminary approval. Please feel free to contact me if you have any questions regarding the above.' Sincerely, Melissa Piro Planner ZU46F P$ YOUNG&YOUNG MS P1anning, Engineering&Land Suwaging 400 Ostrander Avenue Teisphone(SIG)727-2902 Riverhead, New York 11901 Eeesimile(516) 727-01" HOWARD W.YOUNG,Land Surveyor TNOMAS C.WOLPERT,Professional Engineer KEOM E.ABRUZZO,Lend Surveyor November 19, 1997 JOHW SCHMURR,Lend Surveyor ATTN: Ms. Melissa Spiro, Planner Southold Planning Board Office Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: THE FIELDS AT MATTITUCK at Mattituck, T/O Southold, New York (88-1432) Dear Ms. Spiro: Enclosed is a copy of the Construction Cost Estimate, dated November 19,. 1997, for your use. Very truly yours, /4� Thomas C. Wolpert, P.E. TCW/dc Encl. cc: Mr. Joseph T. Macari, Sr. + encl. Peter S. Danowski, Jr., Esq. + encl. J NOV 2 O 1997 f; (4 L'`A?. B'Ab"R .j �'�Fliu Rs�RlG i9t�:';i7D November 19, 1997 CONSTRUCTION COST ESTIMATE The Fields at Mattituck at Mattituck, T/O Southold, New York ITEM ITEM DESCRIPTION Quantity Unit Unit Price Total 1 Clearing & Grubbing 7.5 acres $2,000.00 $15,000.00 2 Excay., Backfill & Grading - Roads 10150 c.y. $2.00 $20,300.00 3 Fine Grading 7912 s.y. $1.50 $1.1,868.00 4 4" Stone Blend or Concrete Blend 880 c.y. $30.00 $26,400.00 5 4" Asphalt Pavement 1870 tons $60.00 $112,200.00 6 Excay., Backfill & Grading - Recharge Area 8000 c.y. $2.00 $16,000.00 7 Chain Link Fencing 660 If $10.00 $6,600.00 8 Mountable Concrete Curb 5700 I.f. $10.00 $57,000.00 9 18" Dia. CMP 1257 If $20.00 $25,140.00 10 24" Dia. CMP 620 If $25.00 $15,500.00 11 24" Dia. CMP End Section 1 each $500.00 $500.00 12 10' Dia. Leaching Pool 12 each $1,500.00 $18,000.00 13 Catch Basin 8 each $1,500.00 $12,000.00 14 Drainage Manhole 6 each $1,500.00 $9,000.00 15 8' Dia. Diffusion Well 2 each $1,500.00 $3,000.00 16 Stone Rip-Rap 8 c.y. $150.00 $1,200.00 17 Driveway Apron 220 s.y. $25.00 $5,500.00 18 Topsoil & Seed 28700 s.y. $1.00 $28,700.00 19 Street Tree 74 each $150.00 $11,100.00 20 Concrete Monument 20 each $100.00 $2,000.00 21 U.G. Elec., Tel., CaTV 3488 If $20.00 $69,760.00 TOTAL $466,768.00 Excludes water main, hydrants, and appurtenances YOUNG&YOUNG (l� Planning, Engineering&Land Surveying 400 Ostrander Avenue Telephone(S16)727-2902 Riverhead, New York 11901 Eaeslmite(S16) 727-01" NOWARD W.YOUNG,land Surveyor T140MAS C.WOLPERT,Pwfewonei Engonew KENNM P.ABRUZZO,Land Sumagor November 11, 1997 JOHN SCNNURR,Land Surveyor ATTN: Ms. Melissa Spiro, Planner Southold Planning Board Office Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 RE: THE FIELDS AT MATTITUCK at Mattituck, T/O Southold, New York (88-1432) Dear Ms. Spiro: Enclosed are six (6) copies of the Final Plat, last dated October 10, 1997 bearing the Suffolk County. Department of Health Services stamp of approval, for your use. Very truly yours, Thomas C. Wolpert, P.E. TCW/dc Encl. cc: Mr. Joseph T. Macari, Sr. Peter S. Danowski, Jr., Esq. 7 1 LA NOV 1419097 a 11/.10/1997 15:04 7277451 DANWPJG PAGE 01 sS� . • Pa US LAW OFFICES PETER S. DANOWSKI, JR. 618 ROANOKE AVENUE F.O,HOX 779 RIVERHEAD,NY 11901 (616)727-4900 FAX(516)72777451. TELECOMMUMCATION COVER SHEET TO: Southold Town. Planning..Board, Attn: Melissa %- FROM: Peter S. Danowski, Jr. DATE: 11/10/97 RE: . Macari- The Fields at Mattituck FAX NO. : 765-1823 Number. of Pages, Including This Page: 4 If you .have� any problems with this telecommunication, please contact: Peter Nov 1 2 1997 _._A EL,ECTRONZD TRANGMrmTAr, THIS TRANSMISSION MAX CONTAIN INFORMATION WHICH IS PRIVILEGED AND CONFIpF-TITZAL. AND SUHJECT.TO LEGAL RESTRICTIONS AND PINALrT1:ES REGARDING ITS pxSCLOSURE OR OTHER L'SE. YOU ARE PROHTSTTED ggOM COPYING, DISTRXBUTING OR OTHERWISE USING THIS INFORMATION IF YOU ARE NOT THE INTENDED RECIPIENT: ME IF YOU HAVE RECEIVED THIS TRANSMITTAL IN.ERROR, PLEASE NOTIFY US IMDIATELY AND RETURN THE ORIGINAL TO US BY SECURE MEANS.WITHOUT MAKING A COPY. THANK YOU, 111.10/1997 15 04 7277451 DANWPJG PAGE 02 LAW OFFICES PETER S. DANOWSKI, .JR. 616 ROANOKE AVENUE R O.BOX 779, RIVERHEAD,NY 11901 (516)727-4900 FAX(516)727-7451 November 10, 1997 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Attention: Melissa RE: • oseloh Mac - The Fields at Mattituck Dear Melissa: I enclosed by fax a copy of the pertinent portion of the water main extension contract. paperwork. You will note that any contract is conditioned upon three copies of an approved filed map. Therefore, there can be no executed contract-until we are assured.that the subdivision map has been approved by the Planning Board and filed.with the .County Clerk. Additional copies of the Health Department stamped approved map are . being supplied by.Young &Young as is a proposed bond estimate for review. Very truly yours, PETER S. DANOWSKI, JR. PSD/sd cc: Young &Young Joseph Macari 11/.,10/1997 15:04 7277451 DANWPJG PAGE 03 37 15.05 L WI S 8 KAPHY REALTY I NC P.01 u_. MA l L2L ATER AUTSOIRITY ':;4�,�`��;�`;:,::' ,. �-� '.i;'�:-�yf:,:,`. `' _� •8Y4 Old Rlvwftsad Road WesthampApn Beaoh, N. 11978-7407 f;:; ,..^,L.•: y{...;, *•.:,�`-: '' yr (I5`1�298.1034 PAX ft.W76)288-793 main NAUSIsiQ�NA- mat Ndi X"• P1.ase sigm all three copies of the contract, have your name notarized in the appropriate notary section, and " remit $ 9 _00 Please have an officer of the corporation (or a partner, . if a.partnership) execute contracts by signing them on page three,. have the corporate seal (if any) attach thereto, and have . the appropriate notary section on page four completed by a Notary Public. Return all three (3)properly executed copies of the Agreement to this Office. Please sign and return all three copies of the attached Supplemental Agreement. . Please remit $ in a check drawn against the account of the above named corporation.. X Please remit $79, 800.00 for 21 service Tapping fee(s) at $800.00 each and key development fees of $3000 . 00 each. vault fees will be determined at the time of house line inspection. X Please complete..F'orm 114, Deed ,and Mortgage information in duplicate) eud return bgth_=Ries to this office. 0lease enclose _I copies of the Approved Filed Map of your u bdivision/development/shopping center/ Job site. _- Please enclose one (1) :Copy of proposed drainage and sewer layout. _X please obtain a .latter from the local fire district indicating the number and locations if fire hydrants . ( If none are required, then obtain a letter stating that fact_ ) X Please enclose .the .subdivision "Autocad" drawing on a 3.5" floppy disk (if available) . This will help axpedite the. procassing of your request. TOTAL. P.01 11/,10/1997 15:04 7277451 DANWPJG PAGE 04. 81 13UF3FOI.$ COUNTY W kT R AUTHORITY d24 OW RIVOMOW Road,Wesf MptM Bewh,N.Y. 11978-7407 FAX No.(516)2W?937 Joseph Macari C/O Peter Danowski, Jr. Es March 26, 1997 95-40 ROsevelt: Ave. 4� Jackson Heights, NY 11372 ' Gentlemen: Enclosed please find Construction Contract, CW8-97-190-C, for the installation of larater, mains, as described ire the -body o oned above and as f the agreement, capti outlined on the r A11 of the requirements as muss be submitted as a complete aeka cn Re form enclosed, mot aC�QW ed P g. n e �_Dackaer�. �i 7 1 Water main installations normally take place approximately 90 days after Q11 the conditions indicated on the enclosed are are met, clearance,enclosed met depending upon t•iMe required for easement of material, weather, etc. y If You have any questions, please contact the undersigned. Very truly yours, Lawrence E. Anderson, Assistant Manager LEA/ab encls. i f TOTAL.. P.01 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE R O. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 FAX(516)727-7451 October 31, 1997 Southold Town Planning Board 53095 Main Rd., Box 1179 Southold, New York 11971 Attn: Melissa Re: The Fields at Mattituck Dear,Melissa: Enclosed please find maps, re the above captioned matter, duly stamped by the Suffolk County Health Department, showing Article 6 compliance. Please advise when this matter will next be presented on the Planning Board agenda. Ve truly yours, PETER S. DDIVOWSHI, JR. PSD:gsg Encls. HAND DELIVERED �_'°' NOV 3 ,'2n I PLANNING BOARD MEMBEI �uFFO(,� �Q C'� Town Hall, 53095 Main Road RICHARD G.WARD �® G P.O. Box 1179 Chairman c �� Southold,New York 11971 GEORGE RITCHIE LATHAM,JR. cn 2 Fax(516) 765-3136 BENNETT ORLOWSKI,JR. WILLIAM J.CREMERS ® Telephone(516) 765-1938 KENNETH L.EDWARDS ��J®1 �a0� PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 19, 1996 Peter S. Danowski, Esq. P.O. Box 779 Riverhead, NY 11901 Re: Proposed major subdivision for The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 18, 1996: BE IT RESOLVED to adopt the Engineering Inspector's report dated March 11, 1996. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward 41� Chairman enc. RAYMOND L. ]A%.JBS �o�og�fFo(�`�G )AMES A. RICHTER, R.A. y� SUPERINTENDENT y ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-1750 �Ol �a0 Tel. (516) -765-3070 OFFICE OF THE ENGINEER pe)C TOWN OF SOUTHOLD M-'S MARCH 11, 1996 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: THE FIELDS AT MATTITUCK SCTM: # 1000 - 113 - 02 - 1.1 Dear Mr. Ward: As per your request, I have reviewed the final maps for the above referenced subdivision. The following is a list of my comments: 1. The Final Road & Drainage Plan, dated 5/13/92, still shows the right-of-way that extends from Bergen Avenue to an existing lot on the sound. I have been informed that this right-of-way will no longer exist after the subdivision is constructed. The developer should be required to submit documentation certifying that all existing easements across the project site have been terminated. All documentation should be submitted to the Planning Board prior to final approvals to prevent any future disagreements. 2. The Natural Vegetation Retention Buffers shown on the plan should be listed within the covenants for this project. It should also be required that the buffer areas be described within each deed description for each individual lot. A recent subdivision had been designed with similar buffer zones. After the new owners moved in to their homes, some of them began clearing the buffer areas because they did not know the buffers existed. 3. 1 have reviewed the proposed street names with Mr. Jacobs. The street names should read as follows: "Stanley Road Extension" & "Fawn Lane". At this time, the Planning Board should request the developer to submit a bond estimate for review. If you have any questions concerning this report, please contact my office. Si cerely ames is ter, R.A. cc: Raymond L. Jacobs % L LI (Superintendent of Highways) MAR 1 2 1996 Pi ANNING BOARD MEMBERS RICHARD G.WARD � CQG Town Hall, 53095 Main Road Chairman h`Z` 'y P.O. Box 1179 c Southold,New York 11971 GEORGE RITCHIE LATH",JR. y = Fax(516)765-3136 BENNETT ORLOWSKI,JR. y n� WILLIAM J.-CREMERS O Telephone(516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 8, 1996 Peter S. Danowski, Jr. P.O. Box 779 Riverhead, New York 11901 RE: Proposed Major Subdivision The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski: I have reviewed the final maps for the above mentioned subdivision and have forwarded the final road and drainage plan to James Richter, Engineering Inspector, for review. You will be notified when the Planning Board receives Mr. Richter's report. The Planning Board required, as a condition of preliminary approval, that building envelopes or dimensional requirements be shown for all lots. The final map states that "principal building and accessory setbacks for all lots in the development shall conform to the "HD", Hamlet Density residential zoning use district." The Planning Board is not in favor of using the HD District requirements for setbacks. The following setbacks are to be used for all lots within the subdivision, with the exception of the lot with the Agricultural and Open Space .Easement (the building envelope setbacks for this lot are as shown on the map) Front Yard: 40 feet Rear Yard: 50 feet Side Yard: 15 feet Both Sides: 35 feet Lot Cov. : 20 0 I have discussed the above setback requirements with Ken Abruzzo. It is not necessary to submit revised final maps at this time. The revision will be included in any conditional final approval granted to the subdivision. The Fields at Mattituck March 8, 1996 Page 2 Please note that the final hearing will not be scheduled until all items contained in the Board's October 3, 1995 letter are complied with. In addition, since public water is now proposed for the subdivision, both approval from the Health Department and a valid water contract are required prior to the scheduling of the final hearing. Please contact me if you have any questions regarding the above. Sincerely, Melissa Spiro Planner ="-LANNING BOARD MEMBERS IF Town Hall, 53095 Main Road .' RICFiARD Ga.WARD P.O. Box 1179 Chairmn 1 Southold,New York 11971 .I�ORGE RITCHIE LATHAM,JR. N 2 Fax(516) 765-3136 BENNF'TT ORLOWSKI,JR. �y nT WILLLAM J.CREMERS O Fax (516) 765-1938 KENN=L.EDWAR.DS 4, PLANNING BOARD OFFICE TOWN OF SOUTHOLD Febrvgry 22-I 19g6 James Richter, Road Inspector Highway Department Peconic Lane Peconid, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: 1000- ll3 - Street Location: /Q,r-tk s,d{ &C -t�.r�s , A c. Hamlet Location: Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated z / 13 Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated Comments Contact person: �'�ss a ,moo LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX(516) 727-7451 February 16, 1996 Southold Town Planning Board 53095 Main Rd., Box 1179 Southold, New York 11971 Attn: Melissa Spiro Re: The Fields at Mattituck Dear Melissa: Per our conversation, I am enclosing the following: Six (6) copies of the final plat for The Fields at Mattituck, dated January 31, 1996; and Six (6) copies of the final road and drainage plan for The Fields at Mattituck, last dated February 13, 1996. Very truly yours, rSDANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED " FEB 16 1996 i acarh �. B=jy _T�ese,rO�& -� 300 Dalvata eRoad #1 1bla.�Rs o�V.2„/. 119�2 c Mr. Peter Danowski , Esq. OctobeESOUTHOLD Roanoke Ave. oRiverhead, 14 . Y. 11901 Re : Macari-P�Ia.ttituck FieldsDear 1`•�Ir. Danow:ski TOWN The Planning Board called me on Sept. 27th, rega �Dhearing on Oct. 2nd. I picked. up a copy of what I assumetobe the the latest Plot Plan asit is .not dated . Itshows a 60ft . Buffer Zone adjacent to our property. . What legal safeguards will be in place to prevent this Buffer Zone from being used to store cars , boats ,trailers and the removal of trees. The Buffer Zone *11,ill be deeded in its entirety:;:. to the lot owners, according to the lot dimensions .-. If by Covenents, who will enforce them, who will havethe right to remove them ? Assuming the validity of the Buffer Zone, we will consider relinquishing our 3500' long, 25' wide R.O .W. to Bergen Ave. and the proposed 220' paved road connecting to our 8' wide private road At the south end of our property, in exchange for Mr. I+acari, erecting a 6 ' high wooden stockade fence parallel with our East- West private road. The fence to follow the South boundary of our 50' wide 'East to Lest H.O.W . At the East edd, this fence will be on our R.O.W . for about 300' and then on the Buffer Zone 8' in from the South edge of our paved. road for about 500' , making the total fence length 8001 . I believe this fence should be set up as an :Easement to avoid future problems of maintence, etc. This fence should be treated with "W oodlife" or equal before .erection, plus the use of CCA treated Posts. The Posts should be on the North side of the fence to prevent children from climbing over. Our Private road is only one winding lane wide and bordered by trees and bushes its entire length, so a child running out of the woods , could easily be injured or killed. Its important that this fence be erected before the Site work has begun. In addition to the fence, we have an open view to the development by our present entrance to the Macari property. We need a mininum of 5 trees 101-121 high planted in the road area on the s/s of the fence. Leland Cypress(Cupressocyparis Lelandia) would be ideal. Our neighors, Mr.& Mrs. Arthur Burns, have. the same R.O .W . and have agreed to go along with this proposal subject to conditions . cc : Arthur Burns Yours ' (Vairlzn IS. B'sady S8 00 n�vate, eRoad -13 ,ziHattitud, -/.Q!. >1g5� JAN - 6 G* , n� _ 7 I Mr. Peter Danowski, Esq. Januar4 2, HOLD TOWN Roanoke Ave. PLANNING BOARD Riverhead, N. Y. 11901 Re: Macari-Mattituck ' e s Dear Mr. Danowski: As a follow-up to my October 2nd. letter, I have assembled some estimates to illustrate the generosity of our offer to relinquish our 3500 ft. x 25 ft. R.O.W. to Bergen Ave. in exchange for 862 ft. of #2 Cedar Stockade Fencing,. 6 ft. high., installed for the sum of $6800. (copy of proposal attached and a 10 ft. easement on the 60 ft. Buffer Zone. By eliminating -the 220' ft. x 16 ft. paved road( to Town specifications) connecting our 8 ft. wide private road to your Development road..,kill save you the following estimated sums : Clear 16 ft. X 220 ft. road, add fill& grade $1740. (Riverhead Cement Block Proposal) Pave road to town specs (East End Asphalt): 9388. Curbing-440 ft. 4000. $15, 13$. Total amount saved by eliminating connecting road Additional money will be saved by not relocating the:-*-'-.. existing R.O.W. road at he south end of the farm field. The proposed route will run the road over a stream dry bed which fills up with water during heavy rain and Spring thaws. This will require building a land bridge with a drain pipe. . The existing road required this same land bridge which I built in the 19601s. With about half of the farm field covered with Houses Roads & Driveways, the runoff will be enormious. . The cost to make the new route usable will be about$`7 , 800. (Riverhead Cement Block Proposal) The figuresindicate that you will be saving about $23, 000. less the $6, 800. for fencing. That saving is small compared to the value of removing the encumbrance on this valuable 60 acre property. We also feel that the Easement of 8 ft. should be increased to 10 ft. to allay your fears about cutting down trees to install the fencing. The Fence Co. assured me that they would follow our staked out route and only remove brush to create a path 3 or 4 ft .wide. The 'Easement would make it possibleto avoid cutting down trees. Your Surveyor should stake out the fence line. Saving trees and the character of the area is what this proposition is all about. We have not been using the R.O.W . road to Bergen Ave. for some time, because the Highway Dept. installed a Catch Basin in the center of our road entrance well below grade, thereby making It too dangerous to use the road and the road still gets washed out . Peter Danowski , Esq. Page 2 January 2 , 1996 - Therefore, we have allowed the road to remain overgrown to prevent its dangerous use. Our last call to the dept . was in March 95• Mr. Danowski, please discussthis offer with your client Mr. Macari , including the requirements stated in my Oct. 2nd letter. Enclosures : Proposals from East End Asphalt, Riverhead cement Block NorthFork Fence Co. Copy of Oct. 2nd 95 letter Yours truly Copy to Arthur Burns Warren B. Brady Planning Board Job No. NORTH FORK FENCE AND SUPPLY COMPANY Wholesale& Retail .� P.O. BOX 476• NORTH ROAD (RT 48) ' MATTITUCK, NEW YORK 11952 (516)298-4777 FAX#(516)298-2291 NAME.-.warren. Annoy- DATE 10/3U/y5* ADDRESS yioln pri vatp i2oaci TELEPHONE 29B-8Uu3 iMattii-iinIc N Y. 11952 JOB LOCATION: Left onto Ruth Rd. , go to end and onto private paved road. 2nd driveway on right FOR: install ' a total of 862 ' of 6 ' high stockade fence on 4x4 CCA posts (strai- t run) . Clearing of area necessary to install fence. hotal #2 cedar stockade �6819.00 Total #1 spruce stockade $6477 .00 _PLEASE SIGN--ESTIMATE AND .RETURN YELLOW COPY PTO OUR OFFICE; WITH YOUR DEPOSIT. 1/2 deposit required before start. Balance due upon completion of job. Purchaser is to properly mark or designate the correct fence lines by stakes or other means. All obstructions which might in any manner interfere with the erecting of the fence or gates shall be removed by the Purchaser, prior to the commencing of the work. The price quoted in this estimate is based upon normal erecting conditions. If, however, it is necessary to drill ledge rock for setting posts, or to make special provisions for setting fence in swampy or soft ground, or to perform any additional work not covered by this contract, a reasonable charge is to be made to the'Purchaser for such work or special construction as an extra. This company is not responsible for rain or.wind damage to anift fencing. Unless otherwise provided, the fence is to follow the existing ground lines. If grading or filling of the ground.is necessary to the proper installation of the fence, this work is to be done by the Purchaser. We are not responsible for any underground damage of wire, pipes, etc. unless properly staked or' marked by owner or contractor. 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Matt 'tuck ;N Y.`'.: 11952 ` iattiituci, N: Y L ' ARCHITEOT r '� Y DATE.OF PLAN$ \ JOB PHONE -.y ' r -.iF , k ha5!1.i' _- k� y. 1 :.� t t r T -y,;z,-.• y I.;-�,.�..:-.:.-;..-..,..-....,.z.....:.-..,.:,.,...-....._,..'.-..-,�.,.",,..:'-.--*,,:...i..:--...-',,,.-",�..I�-..'-...-:....-�:.,;.:_-.V,..'7I L,-!,i-.........�"....!.M.....Mr'',..-.- We hereby spbmit-specificaUons and estimates for h f�'r`�-' idKc�"S K�� a�-Siva k'.xi�z 'Fa`-thy,.. .--vi,_r p i%r• a+'v5': -,r -�r ,a^ ",t T L' _ _ ti-M1 Cie� andj grade 220' of`:R,O for I6' of paving ...- -7: 7. 00 '_., = T T _ ,1 1A tj 1 C .ear and grade' R 0:Tn� 16. fide bar approxulnately :_ -_Y - , . 2,, AA,' {1¢n with ins allation of 20' of drain i` . c ,. g - P P: �: a �:• = I at- low point of R O:W, and 9.0 Yds ' of fill brought .ri r .., , i i- r in: ft,oin off' site $7 ,810 00 . ` - , '\ - - 4i _ y ,, t 1 . S - i ( \ d ' 11 t 4r r , . r `. _y _ r sr - 1 _ y } 1 ' - I �', ' - . _c^�r�aaP.a+-yr^. tii y.y..- �_.:_.. .,:_-i. < ,.�, f,.Pc7%re'>�^rr a: •,yY:.�.+nt... _ - :+:,::^'. .,.. ,.. .:�t� .l. `. 2 .1.4 Y , 1. •4 J °`' F.-. Y1Q DSP>_hereby'.to furnish material and labor complete in;.aticordance with;aboyd sp6d 1. :ations;; for. `sum-of: Nine-ThoiYsand F2ve' Hundred Fifty - - Payment to be made,as follows _ dollars(g 9 550':.QO ): As` wo, k ..progresses r }� 4 ) 12, s AI1.materlal'Ts.guaranteed to'txi.as spedtied All work to be completed In a workmanlike ... u.maaner•iccording'to•standard practices?Any.glteratlon or.deviation from:abovespedfica AUthoriZed , ':"dons;involving-extra:eosts.-will'be"executed only'upbn-wr(tteri:orders.and'-will become•an ^•Signature extra charge overand above the estimate.All agreements contingent upon stnkes'pccidents:: . - :br delays beyond our eonVol Owner tocarry fire,tornado and other necessary Insurance - te.-T s proposal.ma be TWfant -, ,,' it workers are fully eovered by Workmen's Conrpensatlon Insurance 'W, fiaWO b tl ' .not accepted Wit daysp,.• y. ;. Yf .err'"TM• !Ut '"' Signature.and conditins are satisfactory'and are hereby:accep#eti..;.,You"are authorized •. to.do the work as specified:Payment"wiR be made as outlined above - ^ ' raposal EAST END (516)722-3131 FAX(516)722-5802 ASPHALT; INC. BLACKTOP - STONE - OIL Driveways - Parking Lots - Tennis Courts P.O.BOX 225,JAMESPORT,NEW YORK 11947 PROPOSAL SUBMITTED TO PHONE PT)pc. . ATE �Q3 STREET JOB.NAME 3500 Private Road # 13, Ma.ttituck, New York 11952 :Please.. find esti'mate 'to asphalt pave 2.20 x 16 for roadway extension in. Mattituck -as per drawing. #15-3 . Town of Southold standard asphalt ._..roadwa PROCEDURE': lj. Area will be cleared; graded and drainage if necessary by others. lS'`rF IJ& �fi'o�o-�'�4G . 2. )' Roadway will be 'fine 'graded and, rolled. 3. ) Crushed concrete base course will be laid. and ' rol'led. 4. ) ' A 2 1/21 base coat of' asphalt' will be laid and rolled as per`. specs. If wearing. course of -1 1/211 top mix is not. required, deduct $. 2000. 5. ) Road shoulders will .be raked and seeded. Because roadway is. in wooded area, I. don' t believe street trees are required. PRICE; $ 938$-.00 *NOTE: Spec does not call for curbing but if; engineer requires curbing., add. on` $4000-'; `'Also. price . doesn't, ,i;-nclude street lights or„ signs:' Payment to be made within 15 days after job completion or to charges w' added. All material is guaranteed to be as specified.All work to be completed in a workmanlike Auttg NOmanner according to standard practices.Any alteration:or deviation from above specifics• Sig tions involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidentsposal may be or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. withcepted within days. Our workers arc lullycovered by Workmen's Compensation Insurance. Arreptanrr Of 11rappBal--The above prices.specifications ; and conditions.are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified..Payment will be made as outlined above.'..• - Date of Acceptance: Signature (Watun B. BWJY 3300 DN&ratz JQoacl #13 Mr. Peter Danowski , Esq. October 2, 1995. Roanoke Ave. o Riverhead, N. Y. 1.1901 He : Macari-Plattituck Fields Dear Mr. Da.ndxski : The Planning Board called me on Sept . 27th, regarding the hearing on Oct. 2nd. I picked up a copy of what I assume�lto be the the latest Plot Plan asit is .not dated . Itshows a 60ft . Buffer 'Zone adjacent to our property. What legal safeguards will be in place to prevent this Buffer Zone from being used to store cars , boats , trailers and the removal of trees. The Buffer Zone - i11 be deeded in its entirety'-_:.. to the lot owners, according to the lot dimensions..- If by Covenents, who will enforce them, who will havethe right to remove them ? Assuming the validity of the Buffer Zone, we will consider relinquishing our 3500 ' long, 25' wide R.O.W. to Bergen Ave. and the proposed 220' paved road connecting to our 8' wide private road At the south end of our property, in exchange for Mr. Macari, erecting a 6 ' high wooden stockade fence parallel with our ast- West private road. The fence to follow the South boundary of our 50' wide Last to West R.O.W. At the East eAd, this fence will be on our R.O.rt . for about 300' and then on the Buffer Zone 8' in from the South edge of our paved. road for about 500' , making the total fence length 8001 . I believe this fence should, be set up as an Easement to avoid future problems of maintence, etc . This fence should be treated i,.Tith "Woodlife" or equal before .erection, plus the use of CCA treated Posts. The Posts should be on the North side of the fence to prevent children from climbing over. Our Private road is only one winding lane wide and bordered by trees and bushes its entire length, so a child running out of the woods , could easily be injured or killed. Its important that this fence be erected before the Site work has begun. In addition to the fence, we have an open view to the development by our present entrance to the Macarl property. We need a mininum of 5 trees 10' -12 ' high planted in the road area on the s/s of the fence . Leland Cypress(Cupressocyparis Lelandia) would be ideal . Our neighors, Mr.& Mrs. Arthur Burns, have. the same R.O.1,4 . and have agreed to go along with this proposal subject to conditions . cc : Arthur Burns Yours r Southold Town Planr. g Board 3 Dctober 2 , 1995 a . The drainage easement area shall not be structed in any manne . b. The Homeown s Association sha have the right to use the drainage ease t area to mess the recharge area if the roads and draina area -ave not been dedicated to the Town. The Town sha ve the right to use the drainage easement area to ac s the recharge area if the roads and drainage area ha been icated to the Town. Mr . Latham: I ' ll s and it . Mr . Ward: Moti seconded. All in favor? Ayes : M . Orlowski , Mr. Latham, Mr . Edwards , Mr. Cre s , Mr . Ward Mr . ard: Opposed? Motion carried . Mr . Ward : 7:35 p .m. The Fields at Mattituck - This major subdivision is for 27 lots on 60.4 acres located on the north side of Bergen Ave. in Mattituck. SCTM# 1000-413-2-1 . 1 . I see the agent for the applicant is here . Peter Danowski : My name is Peter Danowski . I represent Mr . Macari , the owner of this parcel . Ken Abruzzo from Young & Young is here as well . I recognize there are one or two neighbors to this property that may want to speak tonight . Mr . Warren Brady, for one, is here with his wife. He and I have had conversations about this subdivision in the past . In fact, the subdivision provides a tap, a roadway, to preserve an apparent right of way that he has .to go through the property to Bergen Ave . This Board is well aware that in constructing the plans here we took into consideration his claim to this right and have continued to provide that access out to Bergen Ave . Mr. Brady may wish to address the Board . He has presented me with a letter and spoke to me last week concerning 'a trade off that he is now suggesting that I will take back to my client. That trade off is, in essence, that he would no longer want the use to go through the subdivision and like to eliminate the tap street . In return, he would ask us to build for him, and his neighbor Mr . Burns , an eight hundred foot stockade fence which in part might be located within that natural vegetation buffer - not deeply within it - but apparently he has estimated an eight foot distance . We haven 't gotten down to finalizing the language for a proposed covenant for that space, and certainly, if in fact, the Board, Mr. Brady and my client , if they were to agree, we would have to make sure that any language in that covenant that affected that natural vegetation buffer would allow the construction of the fence. Tonight I would like an approval of the map and certainly before we submit a final map, we could continue discussions with Mr . Brady Southold Town Planni Board 4 ctober 2 , 1995 and come back to the Board with any comments . Also, there is a neighbor present who has asked me to perhaps address, and he can address himself, the question of drainage . Your engineer has made us aware - early on we were aware as well -- that there apparently had been some drainage questions . Because in the past with heavy storms and melting snow, there ' s been the passage of water that may have spilled over into the Rosewood development to the east , so that the concerns are that our engineering has addressed and will catch the water runoff on site, and Mr . Abruzzo is assuring me that that is in fact the case . So , your expert has pointed that out, we were aware of it and have addressed it . But certainly those two neighbors and maybe others may wish to address the Board themselves , I ' d just point that out . Mr . Ward: That being the case, is there anyone here that would like to address the Board on any of these issues , regarding this subdivision? Warren Brady: Good evening ladies and gentlemen. I 'm Warren Brady of Mattituck Hills . I 've been living there for 30 years and I 've been sort of keeping this right of way to Bergen Ave . , which of course was my only ingress and egress for several years . They had to build land bridges with covert pipes to get runoff from the fields and get it down to the Mattituck Creek. So, I 've had alot of experience with it and I prized it because the way the development to the east turned out . . .they had half acre lots , they got them in just on the boundary line when the two acre zoning was coming in, and in fact they set aside two acres for recreation. But that two acres for the recreation of the people of that group has been turned over to the Suffolk County Water Authority, and there ' s a pumping station there . So, I don ' t know what happened to the covenants on that one . By the way my taxes are $13 ,000 a year and I 've been there 30 years, so maybe I 've spent $150 to $180, 000 on taxes , and I expect to get some of it back when I sell my home, so I 've been trying to keep the area upgraded and protect myself from my investment as best I can. I realize after looking at this plan that our road has been diverted back through a dry bed wash where there has to be a land bridge built again with covert pipes to handle that flow when we do get a thaw in the spring. But , when you realize that there are going to be 27 families here on this lot, the right of way has lost its significance . When you have an open road, kids , everybody, is going to go down the road , there ' s no stopping them. They ' ll be people coming in cars from both ends and this is only a one lane road and it winds up and down. So, it really isn' t practical anymore once this goes in. I could probably widen it to 25 feet but then you' d have regular traffic going back and forth because they ' d take a shortcut to Bergen Ave. rather than go all the way out Stanley Rd. I don ' t think the Board would pass wanting to have a Town road or a road of that size connected ( inaudible) . Southold Town Planni.— Board � 5 October 2 , 1995 Of course, I 'm well acquainted with that area having cleared it, and at the moment the Highway Dept . blocked the road with a catch basin about 18 inches below the road grade , and everyone ' s afraid to go over it, so we haven 't done anything until they correct that condition. I think you can see where it was diverted to the east, but the amount of water that runs through there in a real spring thaw, when we have some snow on the field , which we haven ' t had for many years now. But, we 've kind of come to the conclusion that it isn ' t practical anymore to have a road out there. But, if we ' re going to give up what advantages we might have had with having had a separate entrance from Bergen Ave . , and that ' s our official address by the way, if we can get some protection in this buffer zone, which is now 60 feet wide, and north of that we have a 50 foot right of way, but we only have an eight or nine foot wide road, a single lane road, and it winds , so it ' s pretty hairy coming in and out of there. There are blind driveways and so on and so forth. So, if we had a 24 foot road connecting that eight foot wide road, it would invite people to come up through there and use an eight foot wide road, which is reletively unapproved and curving and would be a dangerous situation. So, we came up with the offer to eliminate . . . they won ' t have to build a 220 foot paved road, and they' ll have clear title to everything on the rest of the property with us giving up the right of way. But , for that we felt they should run a fence along the edge of our 50 foot right of way, up until a point where our right of way hits the present road, and then we want an eight foot setback, because we wouldn ' t want a fence on the edge of an eight foot wide road, because we ' d be running into it all the time. So we figured eight foot back and run down the property, just to keep people out, and we also want some assurance that this buffer zone is valid. Now the recreation area for the Sunset Knowles couldn't have been very valid because it didn't last long. In fact, on the property to the east of us , Stanley Sledjeski had written up covenants to sell the property. Then when a guy came along and wanted to build a tennis court on a ski slope, he removed all the covenants on the property. So, we wouldn 't want this to happen in this case if they set this up, so that they don't park cars on this buffer zone and they don't leave boats there. We have alot of boats around illegally, in the area . Of course people drive through and want to look at an expensive piece of property and right away they don' t think very highly, they' re concerned about the area that approaches a place that ' s paying $13 , 000 a year taxes . So, gentlemen, is there anythink that you might like to ask me? Mr . Ward: Is it possible to get a copy of your proposal? Mr . Brady: Yes , I have it right here. Mr . Ward: I think we followed it but, do you have it shown on the map what you ' d like to see happen? Southold Town Plani g Board 6 October 2 , 1995 Mr . Brady: Well , I think this is self explanatory. I 've got a big investment there. Don' t forget , I lost the interest on that $150,000 or so, all these years . I never made alot of money in my life, but I saved alot . Thank you. Mr . Ward: Thank you, Mr. Brady. Is there anyone else here that would like to address the Board this evening? Ed Molraine: Good evening. I 'm Ed Molraine and I live in Rosewood Estates , adjacent to what ' s going to be the open space area . I 've had the water run off through my yard and it ' s .caused extensive damage in the past . And I see there is going to be some type of recharge area and I just want to thank the Town Board for making sure that that ' s going to be there and hopefully. it ' s adequate to stop that in the future. Thank you. Mrs . Burns : I 'm a neighbor, and we ' re certainly in agreement with Mr . Brady for the fence, rather than do the right of way. Thank you . Mr. Ward: Anyone else like to be on the record this evening? Let me go back to the applicant at this point . Is this something you feel that will be worked out between prelim and final? Mr. Danowski : I think so. I suggested to Warren that I 'm not sure what the cost of the fence would be compared to the road, but I think that would be the practical answer that I ' d be seeking. And if it ' s a trade off, I 'm not so sure that there would be any problem at all . The question is getting rights, and if we ' re going to put it on our property, that appears to be no problem. So I ' ll get back to him directly and the Planning Board as well after I speak to my client . But, I think we can move forward with this and deal with it on a final stage. Mr. Ward : Normally tonight, the Planning Board would go ahead with dealing with some issues that are related to the plan, but it ' s not something that would substantially change this plan, and normally we would grant a preliminary approval , which is in order tonight . That does not give them. the right to do the subdivision yet because there has to be a final map and hearing that will be held . What we are going to be asking to happen at this point is for the applicant to work out with the neighbors involved a solution that will be amicable to both parties and come back in the final form of the map that will reflect that . So, with that procedure then, what we could do tonight is . . .yes , Mr . Brady? Mr . Brady: I forgot to mention, one of the valid reasons for the fence is that if you ' re going to have 27 families , you ' re going to have kids wandering around. There are trees and shrubbery right up along side of our road, there ' s no clearance on the side . If a kid runs out of the woods in front of a car and people come through there. . . I 've put signs up all year long, go slow, children at play. But the service people buzz through there , and someone might get Southold Town Plann Board 7 )ctober 2 , 1995 hurt, that ' s one of the other reasons, and also to delineate where our right of way is . Now 300 feet of the fence will be on our right of way and then the other 500 will be eight feet in from the edge of our road, just to give clearance . Mr . Ward: It sounds to me and to the Board, that the applicant will work this out with you. Mr . Brady: I have every confidence that Mr . Danowski will work out something. Thank you. Mr . Ward: Is all in order then to close the hearing? Mr . Orlowski : So moved . Mr. Latham: Second . Mr. Ward: Moved and seconded . All in favor? Ayes : Mr. Orlowski , Mr. Latham, Mr . Edwards , Mr .Cremers , Mr . Ward Mr . Ward: Opposed? Motion carried . What ' s the pleasure of the Board? Mr . Orlowski : Mr . Chairman, I move that the Southold Town Planning Board grant preliminary approval on the maps dated June 13 , 1995 for the major subdivision of The Fields at Mattituck, subject to the following conditions : 1 . Building envelopes must be shown for all lots within the sub- division. . 2 . The two ( 2) firewells required by the Planning Board must be shown on the final map. 3 . The lot with the Agricultural and Open Space Easement area shall be shown as Lot #27 . The building envelope for this lot shall be revised so that it is not within the existing driveway/right-of--way which traverses the property. Mr. Latham: Second . Mr . Ward: Motion seconded . All in favor? Ayes : Mr. Orlowski , Mr. Latham, Mr . Edwards , Mr. Cremers , Mr . Ward Mr . Ward: Opposed? Motion carried . So the record has been noted that the applicant and the neighbors will work out this between now and the final map . Does the agent have anything further they want to present tonight? Ken Abruzzo: Ken Abruzzo from Young & Young. I noticed that you asked for all building envelopes to be shown on the final plat . I Southold Town Plann r Board 8 Dctober 2 , 1995 think we 've come up against this before and I offer a solution rather us doing that on final plats , to put the same building envelope over and over, especially when there ' s ( inaudible) . One of the notes we 've been putting on, and it ' s actually on the preliminary map of Rockcove, that we put the dimensional requirements for all the lots shown shall conform to the following, and we give a lot width, a front yard, side yard, a total side yard and a rear yard .. That certainly depicts what the envelope should be rather than us taking a final plat and putting this same envelope on every lot . Now, it ' s not the drafting that ' s involved , but it seems to make the map look a little bit messier and harder to follow than if we just put that note on there . If that meets with the Board ' s approval, we ' d like to do that rather than an envelope on every single lot . Certainly the large lot where we. have a specialized envelope. . . Mr . Ward: We ' ll get back to you on it . Mr . Abruzzo: OK . MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND T OFF APPLI TIONS Setting Final Hearings : Mr . Ward : anle and Sharon Swanson and R ert Hamilton -- This lot line chan e is to subtract 8 , 129 squar,4 feet from a 35 , 389 square foot par el and add it to a 44,09 square foot parcel . SCTM# 1000--141--2-- 5 & 21 . 5 . What ' s th pleasure of the Board? Mr . Edwards : Mr . Ch irman, I move at the Southold Town Planning Board set Monday, Oct er 23 , 199 at 7 : 30 p.m. for a final public hearing on the maps dat d August 2 , 1995 . Mr . Cremers : Second . Mr . Ward: Motion seconde 1 in favor? Ayes: Mr. Orlowski , M . Latham, r. Edwards, Mr. Cremers , Mr . Ward Mr . Ward: Opposed? Motion carried . Sketch Extens ' ns : Mr . Ward: ohn P . Krupski & Bros . , Inc . -- T. is proposal is to set off a 3 . 8 acre parcel from an existing 36 . 02 acre parcel located on Count Road 48 in Cutchogue . SCTM# 1000--96-- --8 . What ' s the pleasu e of the Board? Mr . remers: Mr . Chairman, I ' d like to make the fo lowing motion . ��s�UFFU(,�CD PLANNING BOARD MEMBERS oZ`, G� Richard G.Ward, Chairman y Z Town Hall, 53095 Main Road George Ritchie Latham, Jr. %�5 ® � �� P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mario S. McDonald 101 �`a� Fax (516)765-3136 Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE October 3, 1995 TOWN OF SOUTHOLD Peter S. Danowski, Esq. P.O. Box 779 Riverhead, NY 11901 Re: Proposed major subdivision for The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski: The following took place at a meeting of the Southold Town Planning on Monday, October 2, 1995: The preliminary public hearing, which was held at 7:35 p.m. was closed. It was further RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated June 13, 1995, for the major subdivision of The Fields at Mattituck, subject to the following conditions: 1. Building envelopes must be shown for all lots within the subdivision. (As dis- cussed after the resolution was adopted, dimensional requirements may be noted on the map rather than individual building envelopes.) 2. The two (2) firewells required by the Planning Board must be shown on the final map. 3. The lot with the Agricultural and Open Space Easement area shall be shown as Lot #27. The building envelope for this lot shall be revised so that it is not within the existing driveway/right-of-way which traverses the property. Failure to submit the final submission within six (6) months of the date of preliminary approval shall automatically cancel the conditional preliminary approval, unless a request for an extension 'of time is requested and granted by the Planning Board. r Page 2 The Fields at Mattituck October 3, 1995 The final subdivision must contain the following: 1. Final subdivision maps, revised in accordance with the conditions of preliminary approval, containing a valid stamp of Health Dept. approval. It must be stated on the final map that the subdivision has been designed as a cluster subdivision in accordance with Section 278 of Town Law. Six (6) paper copies will be required as part of the final submission. Two (2) mylars will be required prior to any endorsement of the subdivision. 2. Final drainage plans and road profiles including a proposed name for the sub- division road. 3. A draft bond estimate for all subdivision improvements. The draft will be reviewed by the Planning Board and the Engineering Inspector. 4. A draft of the Declaration of Covenants and Restrictions for the subdivision. The Declaration must include the following: a. The terms outlined in the attached Terms for Agricultural and Open Space Easement Area. b. A statement that there shall be no further subdivision of any lot within the subdivision within perpetuity. c. The preliminary proposal shows the existing driveway/right-of-way, which traverses the property as being relocated by the subdivider. As discussed during the preliminary hearing, you will be reviewing this matter further with the neighboring property owners and may propose other options such as constructing a fence within the northerly buffer area. Please advise the Planning Board prior to the final submission as to any agreement reached in regard to the r-o-w in order for the Planning Board to amend their requirements for covenant and restrictions;if applicable. If the r-o-w is to be relocated as proposed, a covenant and restriction must be included stating that the driveway/right-of-way shall not be obstructed in any manner. d. There shall be no disturbance of any kind within the Non Disturbance Natural Vegetation Retention Buffer area. This includes, but is not limited to, the prohibition of structures of any kind, including fences within this area and the prohibition of and any type of grading or clearing of the natural growth within this area. t Page 3 The Fields at Mattituck October 3, 1995 e. The following paragraphs: The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. A paragraph stating that the covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. The Planning Board may require additional covenants and restrictions upon review of the final maps. 5. A draft of the By-laws for the Homeowners Association. A Homeowners Association must be established for the road and recharge areas. The Homeowners Association must include terms to allow access over the road should the proposed road be connected to the adjacent property (now or formerly Douglas A. and Frances M.. Cooper). 6. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter shall state that the utility company will make the installations necessary for the furnishing of its services. All utilities are to be underground. Page 4 The Fields at Mattituck October 3, 1995 The final hearing will not be scheduled until all of the above items are submitted and are accepted by the Planning Board. Please contact this office if there are any questions regarding the above. Sincerely,lid V/ Richard G. Ward S Chairman enc. TERMS FOR OPEN SPACE EASEMENT AREA Y. The use and development of the portion designated as Agricultural and Open Space Easement Area on Lot Number 27 of the Fields at Mattitnek subdivision, will forever be restricted to some or all of the following: a) Farming operations and activities (including soil preparation, cultivation, fertilization, irrigation,pest control, and drainage control) and any other normal and customary farming operations; and the use of farm vehicles and equipment in connection therewith, all as designed and intended to promote and enhance agricultural production encompassing the production for commercial purposes of field crops (including without limitation, corn, wheat, oats, rye, barley, hay,potatoes and dry beans);fruits (including without limitation, apples,peaches, grapes, cherries and berries); vegetables (including without limitation, tomatoes, snap beans, cabbage, carrots, beets, cauliflower, broccoli and onions); horticultural specialties (including without limitation, nursery stock, ornamental shrubs and ornamental trees and flowers); and all other farm products; b) Open fallow; c) Operations, encompassing the maintenance of livestock and livestock productions (including cattle, sheep, goats, horses and poultry) which are found acceptable and reasonable necessary by the Planning Board; d) Landscaped, wooded areas with lanes, walkways,foot paths,ponds or brooks and recreational areas for compatible recreational uses, which are found acceptable and reasonably necessary by the Planning Board and which are subject to approval by the Planning Board. 2. The following shall be adhered to on that portion of Lot Number 27 outside the Building Envelope which is designated as Agricultural and Open Space Easement Area for the purpose of mantaining said premises in its current condition for continued agricultural production and to prevent the degradation of loss of the aesthetic open space and the agricultural value of said premises: a) If at any time the ownership of the area shall change, or the use of the area shall be changed from the use present at the time of subdivision approval, (fallow Terms for Open Space Easement Area Page 2 farmland) or any subsequently approved use, to any other type of farm use in accordance with this Declaration of Covenants and Restrictions, a conservation plan shall be developed by the Soil Conservation Service for this particular property. The farming practices shall then comply in all respects to this report, and shall remain in compliance with all updates of the report. The Planning Board shall have the right to require updated reports when deemed necessary. b) No regrading shall be conducted thereon; the natural contours thereof shall remain generally undisturbed and no fill or spoil shall be placed thereon. c) No top soil, loam, sand, stone, gravel, rock or minerals shall be excavated or removed therefrom or placed thereon. d) Farming practices shall be such that erosion of the land is minimized and is in accordance with the standards of the Soil Conservation Management Plan, and nothing shall be permitted to occur thereon which would result in increased erosion of said premises. e) No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted thereon. fJ Except as may be required for reasons of irrigation, drainage, sanitation or disease control, no trees plants or other vegetation located thereon, shall be killed destroyed, cut or removed therefrom. g) No dumping,placement, storage or burning of any liquid or solid waste, garbage, ashes, sawdust, trash, rubbish, refuse or other toxic, hazardous, objectionable, unsightly or offensive material shall be permitted on or within the said premises. h) The said premises will forever be kept open and free of all signs, bill boards or other forms of visual advertisement of display. Terms for Open Space Easement Area Page 3 i) All structures, whether temporary or permanent, shall be located within the building envelope for Lot Number 19 as designated on the final subdivision plat for Rockeove Estates. Temporary or permanent structures (including but not limited to fences) which are deemed reasonably necessary as accessory building or structures for the utilization of the said premises for bonafide agricultural production may be allowed, subject to Planning Board approval. j) Retail sales shall be restricted to the sale of items produced on the property, and shall be subject to Planning Board approval 3. That the Declarant reserves the right to the exclusive use and possession of the area known as the Open Space Easement Area, to the extent not inconsistent with the covenants and restrictions hereinabove set forth; and Declarant may exclude the general public or any designated person or persons from the use of or entry upon the said Open Space Easement Area, except that the town shall have the continuing right to inspect the said area to the extent reasonably required to monitor compliance with the covenants, terms and provisions have not been violated, such inspection to be at•reasonable times. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) EEG1ALN,0T10E. Notice of Public NOTICE IS HEREBY GIVER ifik' of Mattituck, pursuant to Section 276 of the Town in said County, being duly sworn, says that he/she is Law,a publid hearing will be held by the Southold Town Planning Bo4id,at Principal Clerk of THE SUFFOLK TIMES, a Weekly the Town Nall,Main Road,Southold,New.York in said Town on the 2nd day Newspaper, published at Mattituck, In the Town of of October, 1995 on the question of Southold, County of Suffolk and State of New York, the foll:301 and that the Notice of which the annexed is a 7:30 P.M.P Preliminary public heaz- ing for the proposed major subdivision printed copy,.has been regularly publis ed in said for Rockcove Estates, in Greenport, Town of Southold,County of Suffolk, Newspaper once each week for weeks State of New York. Suffolk County s teas vely, commencing on the day of Tax Map Number,,1000 3,3-3-1.9. The property:is bo dered on th8.. IAL 1 north by Long Island Sound; on the east by Eastern Shores subdivision,lot numbers 1 through 17, Sound Drive e"M and Sutton Place;on the south by land now or formerly of Monroe S. Burt, CHRISTiNA VOUNSKI by land now or formerly of John & Notary Public,State of New York Barbara Condon,by land now or for- No.5004884 Principal Clerk merly of Edger V.Burt,and by County Qualified in Suffolk County 11) Road 48;and on the west by Eastern Commission Expires November 23.1 Shores,subdivision,;,Section 4, Ioi 121 'by'Easfern Shores-subdivision, Section 5, lots 136 through 148, Sound Drive, inlet Pond Road and Notary Public Homestead Way. 7:35 P.M. Preliminary public hear- ing for the proposed major.subdivi � lion-for Thd" Ieldsxit'rMallituckin'�a Sworn to efore me this�b'ii`tiiniH'�oili�i of Suffolk, State of New York. Suf- day of folk County.Tax Map Number 1000- . Thl§ propery7is bohlered on+the,h north by land:'how or formerly'df ? Arthur Burns, by land now or Tor-; merly'of Warren B. Brady&wife,by land now or formerly'of John T. & Arlene T. Ford, by land now or for- merly of William&Elaine Dechirico, and by land now or formerly of John T.&Phyllis B.Ballard;on the east by . Sunset Knolls subdivision,recreation area and lots •50 through 56, b� `Slnnley Road,by land now or former-i ly of Daniel V.&Maria T.Brisotti,by Rosewood Estates •subdivision, recharge basin, and by Rosewood, Drive,and Iots"l,d;`7,9,"1*i, 13, 15, 17, 19,&21;on the south by Bergen Ave.;and on the west by land and ro- w now or formerly of Carol Kell,and by the r-o-*of Douglas A.&Francis M.Cooper. Dated:September 14, 1995 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Richard G.Ward Chairman 8474-I TS21 oil /( PLANNING BOARD MEMBERS Richard G.Ward, Chairman Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 ® Southold, New York 11971 BMarktS McDonald t Orlowski, r ��Q� ,� ,��®� Fax (516) 765-3136 Kenneth L. Edwards ` Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 1995 Peter S. Danowski, Esq. P.O. Box 779 Riverhead, NY 11901 Re: Proposed major subdivision for The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 11, 1995: BE IT RESOLVED that the Southold Town Planning Board set Monday, October 2, 1995, at 7:35 p.m. for a preliminary public hearing on the maps dated June 13, 1995. Sincerely, qua'k/ Richard G. Ward �5 Chairman RAYMO ND L . J A C OB S o :� J AM E S A . R I CHTE R , R. A _ SUPERINTENDENT.. � • � ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax (516)-765-1750 �01 I t (516)-765-3070 O F F I C E O F THE E N G I N E E R TOWN' OF SOII'THOLD AUGUST 17 , 1995 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re : THE FIELDS AT MATTITUCK SCTM: # 1000-113-02-1 . 1 Dear Mr. Ward : As per your request , I have reviewed the latest submission for the above referenced project . All of the items listed in my last report have been adequately addressed . If you have any questions concerning this report , please contact my office . Sir cerely tIJ � /fames A. Richter , R.A., v cc: Raymond L. Jacobs (Superintendent of Highways ) s AUG 3 0 195 p s� r!0!D i011M PLAN,`JIi� BOARD _.__.,... LAW OFFICES PETER S. DANOWSKI, J R. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX(516) 727-7451 July 5, 1995 Southold Town Planning Board 53095 Main Rd., Box 1179 Southold, New York 11971 Re: The Fields at Mattituck -J Dear Sir or Madam: Enclosed find five sets of the above captioned Cluster Preliminary Subdivision Map, last dated June 13, 1995. We are resubmitting these maps after having amended them pursuant to your engineer, Mr. James Richter's, letter dated May 8, 1995. Very truly yours, (91111'—� PETER S-. DANOWSKI, JR. PSD:gsg Encls. JUL 1 01995 o� *atfF01/( . PLANNING BOARD MEMBERS Richard G.Ward, Chairman CAy; Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. .fi S �� Southold, New York 11971 Mark S. McDonald ��l �`�� Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-193.8 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 19 q5 James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: LD I\1 ,A,: od-, Tax Map No.: 1000- 113- 2- 1.1 Street Location: Hamlet Location: /Uh";�,�lz Type of Application: Sketch Subdivision Map (Dated >< Preliminary Subdivision Map (Dated Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and'Drainage Plans (Dated Other (Dated Comments '?," �� a A9 sl s Sys V Contact person: M ;ss A' ��S�FFO(�co PLANNING BOARD MEMBERS czy� G� Richard G.Ward, Chairman y Z Town Hall, 53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. ?i �� Southold, New York 11971 Mark S. McDonald ��l ��O Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 12, 1995 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11971 RE: Proposed Major Subdivision The Fields at Mattituck SCTM# 1000-113-2-1 . 1 Dear Mr. Danowski: On May 18, 1995, the Planning Board adopted the Engineering- Inspector's report dated May 8, 1995, in regard to the above mentioned subdivision. Please note that the required road width for this subdivision is 24 feet, not 28 feet as mentioned in the report. However, if your client intends to offer the road for dedication to the Town, your client must covenant that on-site parking is required for all lots in the subdivision and that no on-street parking will be permitted. Please contact me if you have any questions regarding the above. Sincerely, 4Sp Nt'elissa ir S0-�Planner �/ COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING May 23, 1995 Mr. Richard Ward, Chairman Town of Southold Planning Board 53095 Main Road Southold,NY 11971 Subdivision: The Fields at Mattituck Tax Map No.: 1000-113-2-1.1 SCPD File No.: 1333-NJ-95-10 Dear Mr. Ward: Please be advised that pursuant to Section A 14-24,Article XIV of the Suffolk County Administrative Code that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Stephen M. Jones Director of Planning Sls Robert E. Riekert, Senior Planner Subdivision Review Division RER:mb p [ 0WR MAY 25im SOUTHOLD TOWN PLANNING BOARD 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND. NY 1 1788-0099 ■ (516) 853-5192 FAX (516) 853-4044 PLANNING BOARD MEMBERS =@� Oep, Richard G.Ward, Chairman y Town Hall, 53095 Main Road George Ritchie Latham,Jr. ® P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald �Ol ��� Fax (516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1995 Peter S. Danowski, Esq. P.O. Box 779 Riverhead, NY 11901 Re: The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Thursday, May 18, 1995: BE IT RESOLVED to adopt the Engineering Inspector's report dated May 8, 1995. The Engineering Inspector's report must be addressed before the preliminary hearing will be scheduled. Please contact this office if you have any questions regarding the above. Sincerely, �1Fts Richard G. Ward Chairman enc. cc: James Richter y RAYMOND )<. . JACOB S O = JAME S A R I CEiTER , R . A . SUPERINTENDENT., • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax (516)-765-1150 �Ol ��O (516)-765-J070 O F F I C E O F THE E N G I N E E R . TOWN O F 6 OVTHO LD MAY 8 , 1995 Richard G . Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold , New York 11971 Re : THE FIELDS AT MATTITUCK r ; : - _...... ._.........-.-•.! � r SCTM # : 1000 - 1 1 3 - 02 - 1 . 1 fill - MAY 9 r Dear Mr . Ward . 3 As per your request , I have reviewed the preliminary submission for the above referenced subdivision . The following is a list of my comments : 1 . The pavement cross section and plans should indicate a width of twenty eight ( 28 ' ) feet . I have reviewed the proposed subdivision with Mr . Jacobs and he has agreed with this requirement . 2 . The twelve ( 12 ) foot deep test hole taken in the vicinity of the proposed recharge basin shows an existing contour elevation of approximately twenty ( 20 ' ) feet . The remaining eight ( 8 ' ) foot elevation is only two feet below the design depth of the proposed basin and the code requires a minimum of five ( 5 ' ) feet . My only question is this . Will ground water be encountered within the next three ( 3 ' ) feet ? If the answer is yes , then the design depth of the basin should be reduced and the area increased . 3 . Proposed recharge basins with a design depth greater than two ( 2 ' ) feet will require perimeter fencing . 4 . The agricultural & open space easement to the south of the site has an existing drainage problem that needs to be corrected . Currently , runoff from the open land crosses the easterly property line and discharges onto an adjacent private road by way of plastic pipe that has been installed underground . This installation was Page 1 of 2 Richard G. Ward MAY 8, 1995 Chairman - Planning Board Page 2 of 2 necessary to prevent the uncontrolled runoff from eroding the neighboring property and undermining the existing foundations . (SCTM # : 1000-113-02-10) This problem should be investigated by the developers engineers and a resolution to the problem should be proposed . All surface water runoff should be contained on •the site . 5 . The remaining site layout and drainage design appears to be in accordance with the minimum requirements of the Town Code . If you have any questions concerning the above items , or if you require any additional information , please contact my office . it cerely , am es A . Richfer., R . A . cc : Raymond L. Jacobs ti (Superintendent of Highways ) o�1;4g13FFO(�-�O PLANNING BOARD MEMBERS Richard G. Ward, Chairman y = Town Hall,53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. ifi �� Southold, New York 11971 Mark S. McDonald 0,( �,`a� Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 1995 Peter Danowski, Esq. P.O. Box 779 Riverhead, NY 11901 Re: The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski: Enclosed please find a copy of the sections of map indicating farewell locations as recommended by the Mattituck Fire District Please include this on your final maps. Please contact this office if you have any questions regarding the above. Sincerely, &dwj,A '2. wand/,►, Richard G. Ward Chairman ena PLANNING BOARD MEMBERS Richard G.Ward, Chairman y Town Hall,53095 Main Road George Ritchie Latham,Jr. T P. O. Box 1179 Bennett Orlowski,Jr. ® Southold, New York 11971 Mark S. McDonald ��Ql �a®� Fax (516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ma_ l/ I�L; 1995 Suffolk County Planning Commission H. Lee Dennison Executive Office Building - 12th Floor Veteran's Memorial Highway Hauppauge, NY 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-1v. 'Rek&s cft /V6 c Hamlet/Locality Ma �ucl� S.C.D.P.W. Topo No.: Zoning I A-C " A,56c-114u(c. - ConserV&A%b1) S.C. Tax Map No.: 1000 - II 3 - 2- - 1. I Major Sub. Minor Sub. Site Plan Cluste Lot Line Change MATERIAL SUBMITTED: x171'{5 Preliminary Plat (3 copies) Road Profiles (1) Drainage Plans (1)(c Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) �� s BRA —AaA, 6 r14/ag l_6%v A-i.j,� AJP$. Waiver of Subdivision Requirements - See attached sheet Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an ( x) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( ) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes ( h)No Comments: // ( 'anAr'�iorus /U�. C. non- We request acknowledgement of receipt of this referral ( ) Yes ( ) No Referral received 1994 by the Suffolk County Planning Commission and assigned File No. Sincerely, ' . Richard G. Ward �S Chairman cc: Frank Cichanowicz ] ,TTITUCK FIRE DISTRICT P. O Box 666, Pike Street Mattituck New York 11952-0666 office (516) 298-8837 fax (516) 298-8841 May 10, 1995 Melissa Spiro Planning Board Office Town of Southold Southold, NY 11971 Re: The Fields of Mattituck Sub-Division SCTM #1000-113-2-1.1 Dear Melissa, Enclosed please find your copy of the survey for the above sub-division which has been marked with the location of Two (2) Submersible (Electric) Firewells at lot #9 and lot #18. For further information please contact Commissioner Tom Woodhull at the above number. Sincerely, hn o 4District oard of Fire Coners attituck Fire MAY B 5 1995 y fat 4� RAYMOND L . JACOB S =o :'� JAME S A _ R I CH'I'ER , R _ A SUPERINTENDENT., � • � ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT Fax (516)-765-1750 �O1 J�[ (516)-765-3070 O F F I C E O F THE E NG I N F E R TOWN OF SOLTTHOLD MAY 8, 1995 Richard G. Ward Chairman - Planning Board Town Hall , 53095 Main Road Southold, New York 11971 Re : THE FIELDS 1 3ITU SCTM : 1000 113 02 - 1 . 1 r � ^.rs ?"r J �u� E_, All, MAY 91995 L-J Dear Mr. Ward : n ur" ,G of r-D ' 4 Lu_�1 dll�liV l91-i_)r1iU ..�.e..,:.. As per your request , I have reviewed the preliminary submission for the above referenced subdivision . The following is a list of my comments : 1 . The pavement cross section and plans should indicate a width of twenty eight (28 ' ) feet . I have reviewed the proposed subdivision with Mr. Jacobs and he has agreed with this requirement . 2 . The twelve ( 12) foot deep test hole taken in the vicinity of the proposed recharge basin shows an existing contour elevation of approximately twenty (20 ' ) feet . The remaining eight (8' ) . foot elevation is only two feet below the design depth of the proposed basin and the code requires a minimum of five (5 ' ) feet . My only question is this . Will ground water be encountered within the next three (3 ' ) feet? If' the answer is yes, then the design depth of the basin should be reduced and the area increased . 3 . Proposed recharge basins with a design depth greater than two (2 ' ) feet will require perimeter fencing . 4 . The agricultural & open space easement to the south of the site has an existing drainage problem that needs to be corrected . Currently, runoff from the open land crosses the easterly. property line and discharges onto an adjacent private road by way of plastic pipe that has been installed underground . This installation was Page 1 of 2 Richard G. Ward MAY 8, 1995 Chairman - Planning Board Page 2 of 2 necessary to prevent the uncontrolled runoff from eroding the neighboring property and undermining the existing foundations. (SCTM #: 1000-113-02-10) This problem should be investigated by the developers engineers and a resolution to the problem should be proposed . All surface water runoff should be contained. on the site. 5 . The remaining site layout and drainage design appears' to be in accordance with the minimum requirements of the Town Code. If you have any questions concerning the above items, or if you require any additional. information, please contact my office . i cerely, ames A. Rich er, .R.A. cc: Raymond L. Jacobs (Superintendent of Highways) ��gUFFQ(,�c PLANNING BOARD MEMBERS Richard G.Ward, Chairman y z Town Hall, 53095 Main Road George Ritchie Latham,Jr. z P. O. Box 1179 Bennett Orlowski, Jr. �, �� Southold, New York 11971 Mark S. McDonald ©1 ��� Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 3 , 1995 Mr.John A. Keogh, Secretary Mattituck Fire Dept. Pike Street Mattituck, NY 11952 Dear Mr. Keogh; Enclosed please find two surveys for*The Fields of Mattituck (map dated 2-7-95). SCTM #1000-113-2-1.1. Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by May 15, 1995. Thank you for your cooperation. Sincerely, Melissa Spiro Planner PLANNING BOARD MEMBERS N Z SCOTT L. HARRIS t Supervisor Richard G.Ward, Chairman o George Ritchie Latham,Jr. ��®y 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- 18a3 TOWN OF SOUTHOLD air;� �5r 1995 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: lVe P-,-eQSL @ M,4,+,;cY-c Tax Map No. : 10 0 0- 113 -z- /.1 Street Location: N�rn• side ,� - 3- arb&m Ate. Hamlet Location: Type of Application: Sketch Subdivision Ma (Dated Preliminary Subdivision Map (Dated 4 - / q3 ) Final Subdivision Map (Dated Road Profiles (Dated 2 / 7 /9-5 ) Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan . (Dated Grading and Drainage Plans (Dated Other b fjem From Aa. Avlcai rj (Dated to / 2� / c13 ) Comments: i G/ Contact Person: ASS 4 1 R-0 . CIS October 29, 1993 475 Rosewood Drive Mattituck, N. Y. 11952 Lot # 1000-113-02-10 Planning Board Town of Soutdola, N.Y, 119;1 Attention: Melissa Spiro Re: Macari Sub Division "Fields" Dear Ms. Spiro: As suggested by you in our phone conversation, I am making a written request in regard to the above sub-division. Lot # 000 - t13 01, — 1bI On the southern part of the above mentioned Lot, the water run-off is-:very heavy, so much so that while our house was still under construction during a heavy storm, the run-off caused the foundation to cave in on the back part of our house. We have taken every precaution to protect our house and we respectfully request that when you consider Mr. Macari's sub-division you direct him to install adequate containment so that it will eliminate dangerous run-off on to our property. I thank you for your consideration and would appreciate if you would keep me informed as to when the hearing takes place or anything else that I might do to further my cause. Yours truly, Edward Mulrain hM:jvb �_ 1' NOV 4 1903 _ LAW OFFICES PETER S. DANOWSKi, JR. 616 ROANOKE AVENUE R O. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FAX(516) 727-7451 April 19, 1995 Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 VA Southold, New York 11971 Att: Melissa Spiro Re: The Fields at Mattituck Dear Melissa: Enclosed please find check #10463 in the amount of$3,520.00 payable to the Town of Southold representing the renewal fee for "The Fields". Very truly yours, PETER S. DANOWSKI, JR. PS /lis En . FFrfnl�L7 APR a , F'i LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 FEB 1 01995 I FAX (516) 727-7451 g L -� P SOUTHOL J T 'e';id � PLA JNINu BQi,A D j �l February 10, 1995 Southold Town Planning Board 53095 Main Rd., Box 1179 Southold, New York 11971 Re: The Fields at Mattituck Dear Sir or Madam: Per Mr. Young and my discussions with the Planning Board at its last work session, enclosed please find 12 copies of Cluster Preliminary Subdivision Map for "The Fields at Mattituck", last dated February 7, 1995. You will note these maps eliminate areas of open space and add these areas as parts of lots, but with natural vegetation buffers, to be protected by covenant. Very truly yours, PETER S. DANOWSKI, JR. PSD:gsg Encls. HAND DELIVERED FEB 1 01995 a, S0U17,;'i'� October 29; 1993 475 Rosewood Drive Mattituck, N. Y. 11952 Lot # 1000-113-02-10 Planning Board 'town of Southold, N.Y. 119'l Attention: Melissa Spiro Re: Macari Sub Division "Fields" Dear Ms. Spiro: As suggested by you in our phone conversation, I am making a written request in regard to the above sub-division. Lot # 0U - On the southern part of the above mentioned Lot, the water ruh-off is�very heavy, so much so that while our house was still under construction during a heavy storm, the run-off caused the foundation to cave in on the back part of our house. We have taken every precaution to protect our house and we respectfully request that when you consider Mr. Macari's sub-division you direct him to install adequate containment so that it will eliminate dangerous run-off on to our property. I thank you for your consideration and would appreciate if you would keep me informed as to when the hearing takes place or anything else that I might do to further my cause. Yours truly, Edward Mulrain EMI:j vb NOV 41993 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.0. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S. DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ December 22, 1992 Town of Southold Town Hall Main Road Southold, New York 11971 Re: "The Fields at Mattituck" - Joseph Macari Dear Sir or Madam: Enclosed please find a copy of a map entitled "Cluster Preliminary Subdivision Map - The Fields at Mattituck", last dated December 17, 1992, revised to reflect access for the benefit of a neighboring property owner to the North, Mr. Warren B. Brady. Note that the map n^w shows the existing traveled roadway which connects to trY,.%proposed roadway system for the subdivision, which connects to the right of way depicted to be Mr. Brady ' s property. V=1S. DANOWS P , JR. PSD:gsg Encl. HAND DELIVERED � ' pE� 2 3 1992 _ PLANNING BOARD MEMBERS r• e'; ,. : "" , 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 October 30, 19.92 Peter S. Danowski, Jr. " 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision The Fields at Mattituck Bergen Avenue, Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski, Jr. : Enclosed is a copy of a letter dated September 28, 1992 from Warren B. Brady to the Southold Town Planning Board. Please respond to this Board, in writing, as to how your client intends to provide for Mr. Brady' s right-of-way. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ,hts Chairman cc: Warren B. Brady B.O." ��� OF ELECTIONS FIRST CLASS MAIL ZIP+4 YAPHANK NY 11980-0700 g U.S.POSTAGE PAID DO NOT FORWARD-ADDRESS CORRECTION REQUESTED YAPHANK,N.Y. 1198C PERMIT NO.3 POLLING PLACE INFORMATION , • EDNO 1.3 HANDICAP ACCESSIBLE REGISTRATION ADDRESS 00577210 MATTITUCK . HIGH SCHOOL BERGEN AVE t MAIN,` RD MATTITUCK -'NY ' 11952 MATTITUCK . NY ' 11952 US ` CONGRESSIONAL� DISTRICT: 1 NY ' SENATORIAL.,' DISTRICT: : I _ NY : AS.SEMSLY ' DISTRICT: I • -ELECTIONS PRIMARYS-/92 GEN ERAL 1'I 193-f_2_ TIMES 6AM�OTO 9PM LOCAL REGISTRATION DATES FOR 1992 THUR: OCT_ $• 2:00 PM TO.' 9:.00 PM ' (PLEASE READ REVERSE. SAT: OCT ':.; 10. 1 2: DO PM TO 9 0D PM SIDE OF THIS CARD) AT . T0WN _ HALL. 5309.5 MAIN ROAD. - SOUTHOLD MAILING ADDRESS WARREN 0 BRADY : RR-1 BERGEN AVE MATTI TUCK I NY " 11 952 tills OCT — 6 1992 ?� d { r. 3 Southold Town Planning Board September 28, 1992 Att: Mark McDonald Town Hall Southold N.Y. 11971 Re: Mattituck Fields Subdivision--J. Macari Dear Mr. McDonald: It has come to my attention that Mr. Macari has submitted a proposed Subdivision for the 60 acres of property to the south of my 5 acre parcel on the L. I. Sound. He proposes to cut off my Private Rd. , 25 ft. wide, to Bergen Av. included in my Deed. Before Mr. Macari took title to this property, I called him at Louis & Murphy Realty, 718-446-0100, his office in Jackson Heights, N.Y. , and advised him of my R.O.W. and the Planninq Board' s rejection of a prior application. He said "I know about, it, I 'll worry about it later" He proposes that we accept a road to Stanley Rd. for for our ingress & egress without consulting the property owners . Stanlev Rd. is bordered by small building lots approvrd in 1970. . The road is lined with trucks, boats, trailers and rental. houses without shrubbery or trees but with 4 or 5 cars parked in the front yard. This is hardly a fitting entrance for an estate with a $12, 000/yr Tax Bill. We have been maintaining a 5 acre parcel for 27 yrs. with a park like appearance. We have paid over $100, 000. in property taxes. An entrance from Stanley Rd. would sseriously lower the value of our property. Through the years, we have graded and surfaced our road to Bergen Av. as well as installing culvert pipes to prevent road washout. Presently, we cannot use the road and have it blocked, awaiting the Highway Dept. to install a Drywell to prevent the rain runoff from Bergen Av. which has destroyed our road entrance. I have encloosed, for your information, the following pertinent document.: A. Current Board of Elections mailing to our Bergen Av. address. B. Planning Board letter to Henry Raynor, 4/21 /87 acknow- ledging our rights to the Private Rd. to Bergen Ave. C. Brady Plot Plan showing road to Bergen Aye. D. Rose Rohdenburg Deed to Brady, 1 /12/65 E. Brown Deed to Lindsay, specifying the private road to Bergen Av. for the use of Brown, Rohdenburg(Brady) Eastman & Smith. F. Mattituck Fields (Macari ) Subdivision Plan. Mr. McDonald, I trust that you and the Board will agree with your Planning Board' s prior acceptance ( 1987 ) of our legal right to the private road to Bergen Av. and will not approve Mr. Macari ' s present Subdivision plans. Y ur rul , Warren rady Bergen Ave. , Matti uck, N.Y. 11952 Certified Mail # PO23386587 Return Receipt Requested. OCT - G '992 _ i i - 1 f CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS`INSTRUMCNT SHP0 LD Bt'USED'BY LA4 VYERS ONLY' (.18ER� 00 PAGE 4�`a tr ,-rP. 51 .TIT INDENTURE,made the!it�h day of January , nineteen hundred and g xty-f'iv°e BETWEEN ROSE ROHDENBURG, residing at 42-30 Douglas ton Parkway; Douglaston '63, New York, party of the first part,and WARREN B. BRADY and MARY S. BRADY, his wif e, residing � ,:•;-, at 95 Hewlett Avenue, Patchogue, Suffolk County, New York, V party of the second part, WITNESSETI-I, that the party of the first part,in consideration of One ,and 00/ ...... orrrr�..r�rr.�r�---rrr.r-----r-r-w-rrr------Mw-rr---rr--($ 1.00 ) dollars, lawful money of the United States, and other good and valuable consideration 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, ' D ALL that certain plot, piece 'or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingd=d= at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows; BEGINNING at a point in the"•southeasterly corner of the premises herein described which said point is where the division line between the premises herein described and land now or formerly of Oberander intersects the northerly side of a fifty (50) foot private road; and which said point is distant the following courses and distances from the corner formed by the intersection of tl�e northerly side of Bergen Avenue with the westerly side of Cox Neck Road; :: 1) Westerly as measured, along the northerlyside of Bergen Avenue 440.55 feet; 2) Northerly along land now, or formerly of Salter and Sledjeski _...._r ... _.. ... - •33 66.01.. f"e et; - 3) westerly along the southerly side of said fifty (50) ,foot private road 409.36 feet; !}) ^North 23° 23� 40" West• 50.02 feet to the southeasterly corner of the premises herein described; running thence from said point'of beginning South 680 lit 5o" West along the northerly side of said fifty (50) foot 'private road 200 feet to land now or formerly of Baker; thence North 230 231 . 40" 'We s t\' alon 'Said last m.i. g mentioned'land 1087 43 feet- to the ordinary high water mark' of bong Island d�Sound; thence easterly alo id ordinary high water0 of Long Island Sound to land now or formerly of Oberander;' thence South 230 23 t 40" East .7 along` said last'mentioned• land 11085.23 feet to the point or place . of BEGINNING. • TOGETHER with�an •easementrJof ingress and egress over the ~fifty (50) ; foot private' road which forms the southerly boundekry of the above 1-7 described premises and from said fifty .(50) foot private road southerl: over another private•'road to Bergen Avenue. < � �T. 6-f,,rJ� _ - r -46 2 L • - - .. .. _.. ,.... . ..,-.. _,.. a .... ... . _ ..r - .. .. _.-.. --_------ --_---_..__._W.. ....._-_... .._..__....-.....,__ V f •a 1 �," �i ' Mf,�X'` a � r 5�', 6..� t;•z •5�V YoRK ; �.��/ ~rj h41 • ' r y. ;7 +�t, 1,ut �; r t f�r J �% �3 a yyA7` 1 p.c,r�, k' r • •,„, ~�� �"f � '�x{� r� rd•��`'r-�fyr��. ri '3�1i�,�1j04A.1ti�Ya•Aacr { �<G�'.�+'`�+— tdax g7r�iy�'� ; y 1 •! ` r.+ '{T,. .. 1'r r�J: r 3'y Vi`N'!rAX Aid of t e�.� 3 ••A'^ .•' y v t � rYcvt kmxp rF41,Nkrf, : Lntt r o dhJ •�`I } _ > • r '"' •a H '`12lJen� I.�TBXLyrt�Y � r {r ♦ �4rk. f isT t �} �32Yr ' Tr Ta rlr�r>"a urC j't�� v t?t Sv �yi } � St� X yr• y ? 'X ;.t iv' .q'h+. ,.>P.,:• o, 'r` 18821 • Ti J;k `^+�Qrt tee Y.L 6;OV'�'.af•.. �1y,yr �• .:•,,(� $ Ci t bra > 3 y w � `d�1 r r+if t1�r k�L �y ,r sq. �,, d v.{ �,[ir�S Yz4�fs ye ty� `cs'"PL'r4 •A�.V �'r'ts .F. , �s .�•� � +.y-�#C'4 s 1,i�ri�7 'ysJ t:. f"�xi.r., '� i°°F�e" < tL 'ta�.�R¢`,�4Er 46.£5 r ., !rt kp ht • y 11.d 7 7 ski Y; E C! I 1 ).ti �Ya t¢ ,�r,yl•V 1+ v A t<r r;} r n r part lea of the first fiat!; vYrr 4 -� and WIL•LIAM A. LZI� Y, RAPHAkU; EUGEIVri LINnSAY Tt � ' he . . eergen. Avenue, near the Village of ?dattituck in t atrolkand State :of liew Yorktirt .X �6'�..6rYe-�`4r)a rt r r - .. t�' {r5- .1� '•rS.'r' r.�. F pai"1 i ea ol,the second part, taw t r r, .. F.. t �:�.'� T?'�•' �. tit rti ;:Iff+,,.-• •' x. p That the parties .af the first part, in consideration of . One •& »'< { ,��•+�+}5�' r r�� r� di� �';. ,}: fx jf"l rie"{i Y. Dollard, ws fnl money of'the Untied la Slates,!' ,, f viable Gonsideirationa a t1 � 1` hereby grant and release unto the:pail iee` tea . sf a des of the second part, a'o �"` 'rut•;r.c�•.{`r., .- sic L'. s 4��''- •. their heirs artd asstgnsforever, � ""•t r• yy�hS4:K�R Y e�(Wi�1r{.���"S s." J .. " c 3� tF"y�'rY�.. i� `��`{•, r °n ac:�4» t•+yf,r S.1�t�, ,' y 1' r 3r,�✓� z'i TF . Y�os two parcels"of land ei uate, lying.,and bein z ,in or near" � , ` ' rteY arid;' fn-tithe •aaid'.County�o;f Suffolk, and State 'of 'New Yark, , S R f r ' 4 ptYiedandhescribed ae:,followst r F ; fe3K' eginnin at a. oint marking the intersection of the h t$ ly�rfine;',of Bergen.•Avenue, with the cent; ling Of -'COOPers : r minutes,. r'{ jtp-a'al ed-; and "running thence north z4 degrees, 35 eibonds �*est.-Fby :and' with the center line ''of` said Lane; 200 ` 3 t 2?,/100 }t°eet; ;.,thence north 22 degrees 12 minutes 30 seconds s Xr: ..rtr Yq 'slong . the center.li'ne of said Lanea28mentiod00heeet `" 4 < a ,qr :Joseph W. 'Cooper; thence by land 1 s degrees 43 iainuteg , brtring courses and distances, to wit; north'63 eaonds: east, 15. .feet; north z2 degrees 3 minutes 10 seconds ves ghd100 . feet; north 22 degrees 45.minutes 3Q seconds west° . 88/ and n11G0 5��and64/100 feet; north degrees 19 minuties east 189� 100 rest; :' yy� @i`�j ..north 68 degrees 47 minutes 30 seconds east 30? Aie,et; k� nth` 23 degrees 15 minutes 30 seconds west 107 and '78/1G0 feet; degrees .z� minutes 40 seconds. west 150 .and 45/ Vest 20 � and 32/100 Peet;' minutes 20 seconds '� 3 . forth;l6' degrees 39, Y I, : -' out2 _ 59.t degrees 20 minutes west 234 and 69/4G10C)efeet80north219, egrees: 48 minutes 20 'seconds west 266 and 9Z/1CG feet: 'north 21 ' �W ;. :Kdegrees ,,41 minutes 2G seconds crest 127 and 5" / 20 ` -degrees 59 .minutea west 2C0 feet; north �l degrees l trinute Qeeonds crest 200 and 3/ 100 feet north 2.j degrees 10. minutes 10 seconds west 1C0 and 2/1G0 feet; north 18 degrees 5� minutes 20 f*;seconds west 140 and 80/10G, .feet ; north 24 degrees 5tea 4C .r•.. minu seconds west 99 and 76/100 feet ; north 18 degrees 4� minutes 40 seconds west 1CG. and 8/100 feet ; north 15 degrees 57. 'minutes west seconds west 100 and 4C/1G0 feet; north 2j degrees 15 sec .and 14/1C0 feet ; north 2l' dzgreeg " 44 .minutes: CGseconds- west seconds t west 122' and".20/lGG feEt ; nortY: �l degrees minu es �C yeconas t: - 4 1�G feet ; north �4,,.detreCs :cinutey , -,-=� ' 2 G aid 7 _ : _ _.__ -? - — u e�,r '.� '9 / _felt • t� r�� JGf 1,1,e �iui 1 , north 7. tde€,roes Z9 snit 51/1t� , L °. and 94/lt?0 tees to Liie siopc ; north ,j� . 4{ s minutes west '38 ark ; 19;'minutes .yG s on ds East 1�; 'and 96/1G0 feet t� 'the ,mean. .hl� e tYiat;eragia;rk. cf. Long I�llnd Sound ; th�ncE o,, me'an hipYj watertm v.it ` courses ,.3nd d�;�t,rGes, ��wt t4s �orxI,rprii�Island Sound the folloti lr,� „ r� ` a a "'� Y,U e�.:�,�u 3r.�; '' �l. r 1k r 5<t..T:,:t: s. �`,'�• �S1:s G t�� r r, ' .d. . - ,`'+="� <�;i"•�E f'�',art;- �'r'�:`T ..,- �'�/% '1 l J rth 5 degrees 3o+ minutes 1C seconds east 50 and 92/1GU feet; north 68 .'degrees 57 minutes 1C secondi east 252 and 34/100 feet; north 61 degrees 14 minutes 10 seconds east, 3C1 and 4/100 feet ; north 64 degrees) ... 33 minutes east 2<< and j3/10C feet to land of Luther B. Cox; thence by land last mentioned the follcwing courses ur.d distances to wit; south 24 degrees 1 minute 20 seconds east 74C and j8/16G feet, south 22 degree 1? minutes 20 seconds east `450 and &/1CG feet ; south 21 degrees 43 miinutes east 700 feet; south 23 degrees 9 minutes east 100 and 3/100 .. feet; south 21 degrees 55 minutes 10 seconds east 561 and 63/100 feet:; to land formerly of Jchn Mazewki, ; thence by land last mentioned,, the; following courses and .distances, to wit ; south 22 degrees 12 min,ute�.;;;" { 10 seconds east 545 and 10/10C feet; south 20 degrees 24 minutes'-40t.. %:_ ;., seconds east 100 and 6/100 feet ; south 21 degrees 40 minutes east'7'O""I' .. .and 79/100 feet; south 19 degrees 'g �9 minutes 4G seconds east:..100;;anc � : south 12 degrees k3 minutes east 200 and 40/100 'feet 4: � degrees 31 ..minutea 10 seconds east 100 and 15/104• feet; south.. i degrees,r.58 minutes east ZOO ..and 5/100 feet, south 22 degrees min t w. Q,;seconds east 295 and g3/1G0 feet.; south 63 degrees 36: minutear ;: ',?,,sbcandsr,:.Vest- Ill and` 70/100 .feet; south 19 degrees 55 minutei 16'q-- ti ` # �- 05U:and' S1/1.00 .Feet; - north 85 degrees � minutes 40,-Veaoad�; y an ;49/200 .feet;:` sauth. l degrees 33 minutes east. and 63 ( •. s northerly°,line_ of. Bergen Avenue; 'thence south 75 degrees��3 � h' ` seconds west, :by Und with the northerly line ;io Bed ;. �}•; 4�Q? ;`ands•6/lOD. feet to the .poin.t orplace of begihn. y���• Ti ;i�tM'r/ " I J �� r, � � "� 1 .�'3�4�i�.'y�t fi .3• . .r .'.., ... `. , .: . . �. '_ r « ' :... .�s.'�- �rpt%a'Vy?4 T�y..w Y�' �however,. from the' land j ust described, - � � }o, thor�l'yn?part,bounded:, o1r.the.:,north'.by 'Long :.Is•land -.SounW� UC',b d a_o`uthe.,'Si�de:13r- 'a line, approximately' at 'ri' h't� an�w pac0�} -$hlr e f 'en th. o' lad eiF eina ove' s ec' fical describe ti p":' uthe�rly. dIrec,tiop. ¢.tb 'ore 'co ve ec 'by tge tie b '� ' at ,t,orar�cison , nib , .Rose: Roh�en�ux ;W �. , �am°. n I F a .'? l.•,r: ' ,. �$z�,CTTs t� , , a�eo.�;that ;pqr, on .of.',Parcel I,,�herei'riat�o4ra�j,de R riVtende:d ;elong''=BergenAvenue ,in' n easterlya; dvtherXyr"`proiopga ioia,'.to•.;8ergen'Avenue;:of: that �aoundbi . 5 i ,ce15whi.ch rune �sout}r' 27 degreeaa; �. minutes `SC�r spicy ,~qy`• ' ' f" -F r ' —' sp���fh.i..�,� 1•; 2 aF i :b"� :•o �. �K', /.j,t l+�.s� � !r ` �•. :4$ ?Z ,,.r':Al ;,,{that,'.ceraafn piece,' .Phot::,or pare.e.l ::oi �;,beingw. n~:said ldattituck Navin$. a� poin't-'`of, begipnIn'M `5 o ff, o th7iv ours reed 'fin` :c�. • e y 4 nd; oanp Atha saaterl""di Ja � ► 1d �acel`�'I�;(ahic2i�t;runes-`�rsto� th :2F'deg �a�if��/ t°mfxiute+ ' _ d t ' Y•' t:it i ' ��8; ^ •. d„nl.9V-40 ee.4 .".r win�ngPw . er �, ..i1r�•, Jo ,a. .ir s t 1�• - i u, �' nsd` ;sQut �22 �,egreea i 5 ��zainute ='S secondr a ec� 7 Ir r tinning=th ricer; lon 'said�;Parcel:Y,� 1 rAeg ee -d, ` A e°' + ` e. st;7running;;`Ghence"'e�t3►lY.alongv.ead:��aRe ,triQ ' i J - lOtY'e~ecand$;`Nest�r305.,,ands:•<51,/lOL� '}.4� , e� � +rgtil2 ;along eaid`'`'ParceT',;-L;:nortYi:63 degrees r0/10 4feetr tv.` 'the:-:iaiid: otxit;"o ;,roes 3 r r ... ' 4ov+�Gd.No s Ju�r• c�s,:tr:,e':..ar;t�:,�3,:'.�lFl n{d 'rd. f�gf7 t;;'_ :: E1r.ir$Ys^r•!t ' :�y,_Q`e7d�y`�"x��`t�tr'qt' janceft $ r ��z�-rd li , r i '� # a nu "entftled;��" aYap of Pr..opertyY:belariging .�4 t ;, t� t���t�o4uthold Township, 'Suff,'ol]c;;Coun'ty.;N.r�E: ,rt• e ► ' ,. Eng a=eenport;,N:Y:'''Yarch.r1906�' ., + t �#:�iyS-�� f Ott ti ti .- '� ..; A '•: 7 '�. y i:.,�. �%.t S� t �a h�/'(, ill w �•�c 'j''"�� ;;� .. -> �,t 5: �,be3t ha iatentfon of'both parties"that,.ther.e Sn r .1 by~ he deed 'hareinafter entioned, sixty�e`c 'es . ar , } ` �Wi.thout an of;,.the shore front. a •beach oa.; %aloe '' Lori Is'lan -pound 1 r4 r* s l �'�T l g'�W7�����'�i}3�tr.�Yv� . .,•`'' 'k <<° y. 1�5�t r�'i- �, r{ ct�' .� r ' y�, 1gjC `¢tt,, '` f Cd4rt f� J •'� . / r v` •. P isNh?}b-yr s �T �'7'kf7}ty�.45C"vtx. '1AS7 trd�i 'r��f Olt Lt!{)< !�j•,i og� v ,'3 fF >-st 4 ,t rC - t ,:,.yr ,:��'ia fit:.�r �� �'►� ,t1t 'L•��i�+,�.x 1 iy r7 1-I,�i a y '4„• -!; 'i1', jx "�•'�" r� �3.'` y, - r � : c:'..L ,t y- yt✓y 1'1 r't Jr>, v r. S�YY'ar1ti�1 +.rE ,' +�s L WaA 4 d.' :r ta4'j`t 1R [ adr.tr � ,ry, .,{ t +,skfiw,rlrj4yy, rpr`ila�• iivdb_{'�� r r r s r y�c Cr�y F c r � -,t r r t�/ �,h t .y � y �1�{�'� o-��"Lt �•$ ,�q 1 '° �., '�����J r�•'' N��.j S v ,tt r f d.rr o,,,�,�} � I ,�. uY ti + h r,6 t�Ffh��� u1 J _�x�S, t y,-vt SV... �.� ?,o'. J t+; {!.y;, •,d>r�f�� r rn d +, � [y c ��rS fr �.�ff d f ��i 3 �� P�;J i� v�'aY rY.y t r��y n�, �� � i� Y, ,,,,ii`5 �,J I s , 9/ Ft7iYitlti'nro szK1r d.�C" 5r� t t - -\ � t v9 t r�4t.. �r.. � yt� { r s '� f r {•y y��H:r � 4+, 1 4 F �., Sr•S r' y. f jM p ,. K �% {t �� 5�,'.'ti j �Jcp7 dl ¢+ �. ,,v i tLS,ti •v, y_`u` 1t�L L` +..ir`'V``a t""sly`' F1.�+''1 31J��?La pi r e r7+`4',2 � r'r '` O"I'll .y �� ! t;".11 � R „/' .Y.•. �y.Si�fw.}dx�t�r����r �?tt'�;�r�v�.�, .r'�F`��A'���h',��� • A�. (. a,fi 7 1•G; i I + . "' ,.H;`dR`}`Jf1� d`h-. dii15 k r •r tr a e.: !•��T'"''3�cs�f tp.�la'.��G � �+1.. a rt ,)r. 4.�' ,Y, ..G �') a �'��� [1���►.r'�•' ��h('`.f . ,. ..: r.}'i`: SAY t yt. Vf3¢M S�� X �x t�r)<h�(�'�:5ki`h.v2r 7t r t r,? �'Ul�`'�. +r/ .y -I g ,•yr, � ti}. h. - r .: �" e r .. �.Il.v ,, °.. y A �'q?i•, a n-e�." _-';�: ... .... ._ '' .�j i �ga'g 12•Y for 1ti`�rt �slvYySr �id'r�dwin H. Brown,.' fqr him, an q n '^ Mgr r 41e8a td } rre forev-0 1 x ''the :aaid;a+�2''aaree 'and f'or his dnd. their. assi�, �,,1 , T r _ ? sa t wide N .LF y4 �� e r a ;rig of way we t - ive fee �,, r ° "e eas erl side of said �a18ngth beginn�nK ion y right of way' � northerly direction so far as a rig ar ;e�cR din& heric�g, surfaced at ,.the .expense of said Edwin H• $town xAded, nd ." the .parti�s of the second part to be about one k stmated by thence westerly along the old farm road which' ' 4� , Cf4;.a` mnile,ranning awl to abo t tilt ruiva'lc o£ tY�e wilt}: of the latter g iupon .said Parcel I thence .along said Old farm road _�r�a tc the three plots of ti r c tn3l ng. y tie p:�r ies o ne its <w v. i c s a iid is C1111i''Rt .rlc3 l 11 iI[1 s m,t . f e o c a t• u ran eea e ire cod , toy i3 tthat the a ter such ri ht of wa in w ole or in �o _.: t e. 8econ part may a ua ties as ter g o way s.00ve escrioe an .e.'aame. wl t in er erin cdi =; e s e c a 6 8!! `CBa, s.: n a ave .be -way a ove escri a un i suc a� eratio s s a urtenances and ail the estate and riglits of the a ,, dher:;vtith the app remises including all right, rY #e$ ofthe first part in and p Pnt ' . •{,` a; ;gnd.: interest of the partiedWi , tr.erecf An to ganden f�innandue ltof Coopers R Id':premise8 as far as the center lineti 'r'a ; r remises herein granted unto the parties of H , phave:'and U. -hold the p ry. • ;��}lg•h:ee°ond.'part, as tenants in' common and unto; their heirs and Lsggg$;.f orever.. - ` f the first part do ; rCF ' ,Arid the sazd'.partiea o M1nTi4Y' F\"r7 �•YrLt�a. �:.�., art are hat sand artier of fhe first p s4 r`= �: irsf. T ..p ood rt ht to convey the same; g ;• •. . seized of the said pre»uses i�t %ee simple, and have said remises: l part shall quietly en Joy the p .: $�+ttnn'J.—Tlzat'theParties of llze second t as aforesaid; are free from irzctcnzfirances; exeep 7ha1 the said premises i 5 r. ( 1 I State Uf Ij e V. •1 .r 1 t. 1 �.r 1. 1 1..^.': .. " ;�Ilt t\C('ilt �i County of jvc: �� ., •'• „i,',ti'(•n Y •� ��:,��h'fl•",G'v��,i4k i�A �S'+�s.}'r alt )�� �,k+>.a+.ca{ >•�t` '�"r2� '^+Ji"1.� phit4*+4'� �� � ,a,:S �-xA v`fM *• t J'a� Y �S3�i i';_ a _l OBER- 'vas: YIIlIlt4.-77raf the earl ies of the first part will execute or procure any further ? , necessary assurance of 1,11e 1.'1;N 10 Sel (1 premisr's: �iftlt.—Thal salrlg:dwin H. broAn, uric of the parties of the first part will•1'orever warrant the title to said premues: Ite 3tt t#riPSB FrPnf, the part ies of the first part ha ve hereunto hands and seals Wie day and near first above written. r•_ y ' 144 41, •�• �=Y t I.L. •. , • x:7: r f� ;�{ Lc��, ��t�rF'�PIUP-af: xj�,�• �tl: '` � {y"'` "�� .1F�a,FF �`r�,;J�y^ ;tj` i - ��'I��cM!�••C� • ,t� =f'r+.-P., '±�_7 ' 'Ilk I V'. (1 �M�' ;+� V •- ,' _ ' t P rr<y��P.ry'},,Tn'� •'•s/. ,-�wr„ •w..l.. 1 J.p Nr'� f h`7�F••w'`4i'CfP f•Z H ..Y'�i'2.f..t k. r f a - `t44L#L'� yorY' .. � „ f. .lqr L V y,�vpr+pY k'��•ti2,,�Rs !. 4 } i6"Nei tK t '}a -'.�•. V t-> r ;( Sg dt*Y.�,Y.1 tl}y ...4` "?•4: w YO da 4' ,r een.ilu .�'y'�•SY. 4 � :'�_ �r: �%•p6.yj`1Lry r: 1 '� 1, � T 1 ,, .•r K•�> � 1'k L r� t� a y.sue xr' ,Brown and ASiel ,� s : i rt ?Fr2' fl o G,rstp�1 'Y + �r�t t--. t t�c J £ ",� •t s y,tr ,ti-�.ay'f " A11# � t iinr,k_,�Z�f , 2; Pv 2 S-R,ty le,•lt�.� r�r �f tq �rj..t _�'ti ly i! f't7'r�V t. ,,!! 3 ty �; -J ^ I .;t,, r + .1:. �q' _ ,.- r.� .�i i r+„1 t •'., ,}J._ L 'r .. t '�i ,i Y � la >si Gf 1� >� 1;y', r��>• l..en s1 I ,I t{"-7.,,,,; v s�t q�►p �, � ;' �jr(u�nt; �aowledged gto m�that� � H��', exeicut�' - � , 5i .,.j.V � V�� tW,y4�`�l�'.r{t.. 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"'Zii' i�y"t"t• �A. ? + s .&7'�rtlr✓'�> 'S9. �' J �Y. X,� -- r �r� rS� 4`.7+ �u�rytt- V'' '> [ ♦c -'�•al�� SF'1 C i t e"f'� t� •� + r• r ys. �i .I C `f> I", +7 _ �-S s • Lr v rl r r } ?r• 4'G �• t •err >Jl r �rK �s�>*r t} ,�- r .;..1. rP t ^! Ff r +-I i•"orlT+. ! {? 'kf le. htl' 'id t � c.„5,eay''T � _ ). >-4.�. . xc4r3 w•a17 r yrrd -� ,t^~ r '" •.tL'. u�r�rC*'gri'r tit si�F7r+Sv'4,'���r�aR�:k .r• Fr �-�i•' i .r� "' `(. � 1°Ny n� - ":a j v� Pt,:J.=.i3 �:-++`F r- •j, r• tif:t.".li�'� ;f ''r"i I yfvj3,'�\V PN� ra+ � nrtl4 >1 - r> ? t ) }� a't+�*• ',, -y`sr„ .- rS���� i s E .i t r t 4c t +.,. r s '�,�'S,s•tk �..�Tt.tftsi t •� t...;. >c•' I Y t{P6 { ti ! 1 / c �n�`7.? P/i,.,,Il U T� v. ,-�,t �,. y� �'F+y ty .µ.•�f J�-G ,�7/' P tt��tt�I'1F�Q..`p+ 2 +� d v, f S E � r t f�. ��� r � t`•�x�� � tc�T V l,"`} Pkr� r ir•erf+ y ` � �� rk.rs .. . +.firyrs^t"t >�ftt5d�°r�'Y �TIM`xYgy'��; MIA,'�II?}'.t��'�fi{ �r-{,��rC ryy ^ ' arrsw"^`•P��'�' Ye r� i,f"! 'C`ir�••." L " - r' 3t}i' �; �� }� t(r a�•)r,� }"+;?�,t�'Fn�a�u�l• "l ��t�✓?n,{«J'rl(' s r lji. "S W•y'r"`�5v'sN���•7 P�•A � ,r,(•S T" F:t•i�+:,+t r rt t r:,,lC.{� >,Y2(.r },t1,P.1g �`r� ;. -^i�*•�t �t{rJ(, a j `r` ,il,r •} Ft :+y.�'t" ('a'1 �1 1^h;r�� •Fd �''SY':t r1,� > ) f [+�{b Rs �, �' 'tSYc :i �. P faY 2 y 7 0.)F '<L Y tti i} r rc 'S is `( tP 4n �v ,.r} t sSY4 r1x�' 77 d t ? R• i,k } F +1 a q. v f �� 1 „� _ � j ..�2it ?f i�t�r 1Y lH'�.i�2-i Y'ti , F�f{' Tf� ,M411 tr � r;+P_ t t r�r j �°�ti �s I -r� 1� �-�'Y�.' 'rt4>t � �i¢ .�.ir^ ,�a'41!•i. r • � �`+' fx{.1. �:{��. (41 `+' � '} e � }. 'J 1 .•;I t JR r La�a�+l���^^A 1FQ: c � *t tY �"ifs x ;{� -v.str.: $_ x i-.?} ';t Fp. r.� rMs ry -,airy 4} r! i��• �' 1ta `�tb'1m�4z.sc'S"-r�+J '� L.'�()1{ °(} �L�. f Fa1141-� .6 is �A PLANNING BOARD MEMBERS- ` .�1 rn� SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ':'y , GSSr" �, 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 July 29, 1992 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision The Fields at Mattituck Bergen Avenue, Mattituck SCTM* 1000-113-2-1 . 1 Dear Mr. Danowski, Jr. : The Planning Board has reviewed the maps submitted on July 16, 1992 for the above mentioned subdivision. The Planning Board' s Conditioned Negative Declaration contained a condition that the subdivision be moved northward so - that additional open space could be retained to the south adjacent to the proposed drainage retention area. This could be accomplished by reducing the size of the lots to approximately 30,000 square feet in area. The revised layout dated July 8, 1992, shows a negligible increase in area of open space to the south side of the development. The revised map does not achieve the intent of the Conditioned Negative Declaration, and is therefore not acceptable. Please submit revised preliminary maps that fulfill the design of the Conditioned Negative Declaration. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. 7, Chairman S 548FLIE- Pg f I w� Ms LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.0. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S. DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ July 14 , 1992 Southold Town Planning Board 53095 Main Road Southold, New York 11971 Re: The Fields at Mattituck (Joseph Macari ) Dear Sir or Madam: Enclosed please find 12 copies of Cluster - Preliminary Subdivision Map, "The Fields at Mattituck" . The map has been amended to increase the width of the Buffer along the northerly property line , to decrease the lot size of lots 8 through 21 , so as to retain more of the existing vegetation, and to avoid some of the steep slopes. The drainage area has been labeled as "Natural Vegetation Retention and Drainage Area" and we would suggest that this area be dedicated to the Town of Southold. Very truly yours, PETER S. DANDWSKI , JR. P SD:gsg Encls. HAND DELIVERED JUL ! 6 SOUTHOLD TOW PLANNING BOARD i -,'df F014-Ir 2 PLANNING BOARD MEMBERS cis SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor a . ' P 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 April 7 , 1992 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision The Fields at Mattituck SCTM41000-113-2 1. 1 Dear Mr. Danowski: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 6, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a conditional Negative Declaration. Enclosed please find a copy of the Conditional Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. Say F91 j r -4c 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 Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 State Environmental Quality Review CONDITIONED NEGATIVE DECLARATION Notice of Determination of Non-Significance April 6, 1992 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: Major Subdivision The Fields at Mattituck SCTM# : 1000-113-2-1.1 Location: North of Bergen Avenue, and west of Stanley Road and Rosewood Drive in Mattituck SEQR Status: Type I ( ) Unlisted (X ) Conditioned Negative Declaration: Yes ( ) No (X ) Description of Action: Subdivision of a 60. 4 acre parcel into 27 lots of approximately 31,000 to 96,000 square feet. a Page 2 The Fields at Mattituck SEQR Negative Declaration Con't. Reasons Supporting This Determination: This determination is issued in full consideration of the criteria for determination of significance contained in 6 NYCRR Part 617. 11 (a) , the criteria for issuance of a Conditioned Negative Declaration contained in 617. 6 (h) , and in consideration of the Long Environmental Assessment Form Parts I and II, and the following specific reasons: 1. The project is an Unlisted action, a full EAF has been prepared, and a coordinated review with involved agencies has been completed. 2. The subject property is zoned "A-C" allowing a yield based on lots of 80,000 square feet or greater. The use involves clustering 27 lots using the 80,000 square foot lot yield, onto lots of 31,000 square feet to 96,000 square feet, allowing for the preservation of approximately 25. 9 acres of open space ( 281 subdivision) . The site has been inspected for environmental resources, and it has been determined that the general cluster layout preserves a large contiguous open space area. In addition, it was determined that the design could be improved through a slight reduction of lot size in order to preserve additional wooded edge habitat and steep slope areas, thereby expanding the open space area. 3. The proposed project conforms to the density standards for single family residential development established by the Suffolk County Department of Health Services, in order to project groundwater. The project is consistent with groundwater management guidelines as outlined in the 208 Study, SC Sanitary Code Article 6, and considered by the Town of Southold in review of the project. 4. Site topography on the majority of the site is flat and poses no constraint to use. In addition soils, - depth to groundwater, site habitats, land use and other environmental parameters do not pose a significant constraint to site use: S Page 3 The Fields at Mattituck Conditions of Negative Declaration: 1. The project design shall be modified to reduce lot sizes closer to 30,000 square feet. The reduction of lot sizes will allow for the same yield, but will minimize impacts by reducing building in the steep slopes areas of Lots 11 and 12. The configuration of the subdivision should be moved generally northward such that additional open space will be retained on the south side of the development area. In addition a greater amount of wooded land and wooded edge habitat would be protected by this open space. The reduction of lot size would also allow for the expansion of the recharge area to include the steep slope areas. We suggest that natural recharge options be explored to contain road runoff. This can be reviewed in connection with the Town Engineer at the time of final subdivision. 2. The proposed 40 foot scenic buffer on the north property boundary, shall be expanded to 60 feet to preserve natural vegetation. 3. Any community water system well head shall be located in the Special Groundwater Protection Area. For Further Information: Contact Person: Melissa A. Spiro Address: Planning Board Telephone Number: ( 516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Roger Evans, NYSDEC, Stony Brook Commissioner, NYSDEC, Albany Judith Terry, Town Clerk Applicant Michael A. LoGrande, Suffolk County Water Authority o Pb SEQ CONDITIONED NEGX17rVL DECLARATION 1�V�i44 v T cC7ti Anr-1 Plann'Tig Board of the 7 own of Southold TOwr� fall, 53095 Main dead , P.O. Box 1179 Southold, ';ev,, York 11971 Date. April 6, 1992 This rl�-otice is issued pursuant to Port �1;, of the, lni lesmeritfiig ;regulations Pertaining ..a r'��:t$ it 4�.t t �"''iL�l i,�,mn-rltal Quality Review) of 'Nt, Environmental Conservation Law. e ',a a q ha r t -,d that the proposed ac;t d-escribel below will hot il;, 1. �; a en lz � ,iz4er3;tirti. �„ ,rl. .� �d be. yJ • V{; ,1 Sl-nJii ,(3nt (:I CJti-t ofl tll� eT`ir%lru.nrrent previd d re;ta:;rl Condition.; are adhered to, and ±ha° a Draft' F'aviror;rerttal Impact Statement naed not �o prepared. ..Teo ^4 to major Subdivision '7'lJe Pi,-ids at Mattituc% t4Jnlisted Action rp6' . e project which is the -ub sect of this �eterzx�ination t >? iir L�''`17�.• lit J T .4 involves the subdivision of a 60,4 aca:e parcel irit!� 27 lots of approxim,Uttely 31,000 to 96,00© scliaare feet. The proposal involves a cluster concept Nvl icb results in t"e protection of apnroxinnately 25•9 acres 0f open SPace in the south part o�the rite. Conditions includled herein, are intended to iiicret se the open soa.ca acreage as further mitiSatiwa. .,.� u ,1;� r: District 1000 - Section 113 - Block 01 -Lot 1.1 The site is located north of.bergon Avenue, and v ^st of s�trinl�v ��a;i aid Rose�v�7c)I I �� t of Mattituck, To%vn of So i VVII,°} r P C I ON ' SOUTHOL��OVdN . '` PLANNING BOARD M,11jor S!1bd1Vh1O n 9'I1c Fields ,I'Q't?Determination Reasons Supporting This 13eterminatlon: This +:leterrrlirlatian is issued irr full consideratior, of the critaria for detyrrnination of sinrlificarlce contained in +`~ 1;'YC: ICa part 617.11 'a.), the criterla 'for issuance of a C"Inditioned Neptive Declaration contained in ,17.6 (h). and in consider;ition o£the 1 ong Environmental A-Ss.ssment Form farts 1 and 11, and the Following specific reasons: 1) The project is an Unlisted action, a full '.AF has been preparers, and a. Coordinated review with involved agencles has been completed. 21) f1be strb'ect pr,,)p�rty is zoned ''A-C' al1o%vi.rg a it lta based on lots of 50,000 square feet or greater. 7ae. use involves clustering 7 lets using the 80,100 square foot lot yield, onto lots of 31,000 square feet to 96,000 square feet, allowing for the ;.: preservation of approximately 25.9 acres of open space (281 subdivi&ion). The'site has been inspect for environmental re.,.ounces, and it bas beer.de.terl��ined that the Berle-al cluster la Qllt�reserves a large. contiguous open spice area. In �ddltit :1 It a was determined that t.I'Q desiun coulSbe imuroved tlirough a slight reduction of lot size in order to preserve adei�ional wooded edge habitat and steep slope areas, thereby expanding the oiler+ space area. ' 3) The proposed pro em conforms to the d(:nsity standards for sing!_ ram.il rdsidential development esta�lisned by the Suffolk County Depa,mn''Ont of 11,nalth cr-vice4, in ; order to protect gr��ar�dY�ater. The project is consistent wit?t grr�tltxdix�t,ter management guidelines as outlined its it e 208 Study, SC, :anitalr Cole .rirt,'cle�69 ants' consi lered by the; 'Town of Southold in n1wi tv of!he., pa ol'act. 41 � 4) Site topograpby on the majority of the site is b t anal poses no constraint to use: Ir. addition soils, depth to grotindr�rater, site habitats, land use; and c then erl;rironmental par:arneters do not pose a significant con-tralin t to Site us , Conditions of Negative Declaration: :''► 1) The project deli Yn shah be rnodifiod to reduce lot sues closer to 30,0��O0 sjuare�`eet The reduction p lot sizes will allow for t'te sawn yield, brut will minimizs impacts by '-' reduci.rlg building in the steep slopes areas of Lots 1s and 12. The con iglratioh of the subdivision Aould be. moved generally northvv—rd such that adtlitiorisl open Space will be retained or. the south side of the x n � p n addition greater d v�,lc�� mcrr� area. f a . amount of wooded land and wooded edge habitat v-ould be protC^ted a v ttis opera space: The reduction of lot size wou;d also allow for the expansion; of tfie recb�rge area to include the steep slope areas:. Wt suggest that x,,atural rechazge option�be exploxed to contain road runoff. This can t�4 reviewed in, co►rtection with t7° Town Engineer at the tiri e- of final subdivision, 2) The proposed 40 foot scenic buffer on tht. north nroocrty boundary, shall be expanded to 60 fe.t to preserve .natural vegetation. t 3) Any c..mmunity water system lx*ell head shall be locaied its the 4pe�ia1 ��rotlnd�rater Protection Area. Page 2 rjr 3 4ki4t)r Subdivision-The Edds SEQR Determination For Further Information: Contact Verson: Belznett Orlt.)IvSki, Chairman 'own of 5rnathold planing Board Address: Town Hall, IAain Road, Southold Phone: No.: (516) 765-1933 Copies of this Notice Sent to: Ccrrimission r-De?artment of Environmental Coi.servation Regional Office-New York State the, Departrrmcnt of E,Vironm.ental COMenati0n Applicant. Suffolk County Department of Health Services Suffolk County Department of Planning Southold Town Building Department Fag 3 of 3 , I Pb Ir VL.Il:S:'aJa.vyll%l ill llla'J LlV iS Vi Via-V i�iciao•.ug"i�.Li `5!/'" SEQR N cat', �GrtC)j: Planning Board ry� C►r'the Town �utbold TownHall, 535095 Main Road P.O. Boqx 1179 Soutl)dd Nev 8 ork $1971 April {, 1902 '?:is r, ►tics is issued cur tIant to Part 617, of tt�e in. ie nenting regulations pertaining A rt"-le 8- ;'Mate E avironmental. Quality 12eview) of the En irtrnmel t� l Conservation Law. i lie 1:'ad agency has determim,,d that the proposed ac-;tion describ'-d below wvill lent r.ve 5i�niti�,a2?t c: xe._°t Coil thb eiZvirunrraez�t prcvid d ce,t�a:�rl ti0ndition9 are dhe-ed to, and ti)at a Draft E-nvironnierital Impact Statement need not be prepared, _ ' of -ticon, Major Subdivision ,Y 'Le Fields at Ma.ttituck Uultsted Action 'i v re; a crz tion: The rrQject�,vbich is the subject of this Determination, involves the subdivision of a 60,4 ic.,.e parcelk into 27 lots of approximately 31,000 to 96,000 sqtiare feet, The l proposal involves a cluster concept which results in the protection of .p ro"Unately 25.9 a4res of open space in the south part of the site, Conditio is included hereln, are intended to increase the open space acreage as further mitigatic,.a. ',3 c�rr District 100C Section 113 - Block 02 -Lot 1.1 r c; >r:•vr The site is located north o•fBergen Avenue, and er nti5t t3 St:�n .��Road l � � and d F•t4z+Os�ood 1, n' r o � t 4f . Mattivick, Tovin of So I �Tla'i P chars SOUTHOLD"[OVdN PLANNING BOARD _ -. . _'Y • _I .. � r. t � • • >!. .� 1 1. J �. i 1 h r J a 111 lti J . � -� � +. � � �• • + �- +--. �• • u Major a+sbdIvision.The Fields SrQR Determination Reasons Supporting This Determination: This determination is issued in full ansz�iexation of the criteria for deterrnir�atiora of significance contained in 6 NYCRR Part 617.19 a), the criteria for issuance• of a Conditioned Negative Declaration contained in 17.6 (h), and in coaisidvxation of the •�n� Environmental Assessment.Form farts I and IT, and the following specific reasons: A 1) The project is an Unlisted action, a full $A has been prepared, and a Cooi:liZ�s.ted review with involved agencies has been completed. ' 2) The subject property is zoned ''�4,-C" alto°,vir, a yield based on lots of SO,000 square } feet car greater. Tine use involves clustering 7 lots using the 80,0Gi1 square foob.lot "liyield, onto Lots of 31,4GG square feet to 96,` GG square feet, a]lov;�i�Ag,f.)r tlae Es of ap roximately 25.9 acres of open spa- (�=�1 s:ubdivision), The Re leas been inspected for er:vironrnental resources, and'it bas been determined that the _ general cluster la out r�:sLrves a large contiguous open splcd area.. In additiom, it u was determined tlivt t�Q design coulffbe improved. tf,rough a slight reduction. of 1Crt sire in order to preserve additional wooded edge habitat aind steep slope areas; thereby expanding the open, space. area. 3} The ;roposed project conforms to the density standards for sirglr� family residential development esta lislied by thy: Suffolk ;oti.rity cpartrincnt of wealth Sco i ce ;in i order to protect grotindwater. The project is coiYsistent witlx groundwaterr ' management guidelines as ou'.lined ]n tl�e 208 Study, SC Sarsita ny Code Ar iclet6; aratl` considered by the Town of Southold in review of the paa ect. .; 4) Site topograpby on the, majority of the ske is flat and poses no constraint to use:;Ir ; addition soils, depth to groundwater, site habitats, l~arid use acrid other er+vironmental'. '1 F pa.r arneters do not pose a significant constrai,t to site use, j Conditions of Negative Declaration: ` Tie projec t desi n shall be modi food to reduce lot sizes closes to 30 000 ;1uare!Fcet. The redluction o lot sizes Will allow for t3he same yield, but will minimize irnp�e s by reducing building in the steep slopes areas of Uts !i and 12. The configuration of the Subdivision stoiiid be. moved generally no th,mard such that add.-tiorial open.space.,. will be retained on the south side of tl,e dpvelopm.erit area. In addition a rent r ;:J• amount of wooded land and wooded edgy habitat %,ould be protected by this opera space: The reduction of lot size would also allow"f-)T the expansion of t Ae xeclaArge . area to include the steep slope areas. Wk suggest that natural rechaage optioriS be explored to contain road runoff. This canbe reviewed in connection with tne 'powra a Engineer at the time of final subdivision. 3 2) The proposed 40 foot scenic duffer or, try north r..roporty botintlay, shall be expanded to 60 feet to preserve natural vegetation.. F 3) Any c;,rnrn.uiaity water system well head shall be located in the GroundVrater {, Protection Area. :y page 2 of 3 a Ay Niikfor Su"bdivislen a The Fidas '; ee��ri �tir�x i For Further 1nt'ormation: Contact Person: Bennett Orlowski, Cna.irm.ar. Town of Srnulthold Planin Board Address: Town Hall, Main Road, Southold Pbono: No.; (5�6) 755-1938 Copies of this Notice Sent to: Commissions;r-Dei7,;rtment of Environmental Conservation Regional Oft' .ice-N,w Yo;k State the Department of&r,tirow.aenta' Coiisc.�,ation Applicant Suffolk Courity Departmen`, of Health Services Suffolk County Department of Planning Southold Town Building DU-partirient Pi e 3 of 3 l � PLANNING BOARD MEMBERS ' ;A SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y 's Supervisor George Ritchie Latham, Jr. Richard G. Ward r "< 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 17, 1992 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, NY 11901 RE: Major Subdivision The Fields at Mattituck Bergen Avenue, Mattituck SCTM#1000-113-2-1. 1 Dear Mr. Danowski: As per your request, the Planning Board held over their State Environmental Quality Review Act (SEAR) determination until the next regularly scheduled public meeting, which is April 6, 1992. Very truly yours, Bennett Orlowski, J . Chairman E l cOFFO r PLANNING BOARD MEMBERS SCOTT L. HARRIS `<'c;+.� c 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 March 6 . 1992 Robert S. DeLuca Sr. Environmental Analyst Office of Ecology Dept. of Health Services County Center Riverhead, New York 11901 RE: The Fields At Mattituck SCTM# 1000-113-2-1. 1 SCDHS Ref . # : Fields at Mattituck - Sub( 87-844) Dear Mr. DeLuca:- I have enclosed a copy of a letter that the Planning Board received in reference to the above mentioned project from the Suffolk County Water Authority. This letter, along with all other reports received in response to the lead agency coordination, will be reviewed at the Board' s March 16th public meeting. . Very truly /yours, Bennett Orlowski, Jr�`.. "u Chariman Encl. LAW OFFICES PETER G. DAI OWSK!, JR, 616 ROANOKE AVENUE F.O. 60X 779 RIVEFHi AD,NY 11901 (516)727-4900 FETeR$. DANOMKI,JR. }�(516)727-7451 MICHAEL T.CLIFFORO RUBERT F.KOZ6ak1ELU1vz OF COUNSEL April. 6 , 1992 Southold TOwn P1annir?g Board 53095 Main Road Southold,. New York 11971 AltLn; Melis$a Re o The rioldµ at Matti tuck G-dner: Kit Realty, Inc . Dear Melissa: ns I indicated at my last ;appearance before the Board, T believe my client should rec�-ive a negative declaration with regard to .his project. Tt appears that comments from the Department of Ecology of the Suffolk COUnty Health Department may, in wart, be rc-farring to an old appiicat:-on filed by a different owner. We are now filing a separate application and enclosing mans so that the health, Department can provide ors with test hole and test well. locations . I enclose a copy of the Health Departmexst, application, as well as a decent letter .received from the Suffolk County darer A►athoi!ity, which iettor indicates public Prater is not available. very truly hours, P 'R S . DANOWSKI , JR. rIc EC D 0 d L >'ilS . V:A TELEFAX 1992 PLAN PIING BOARD ,.Aw OMCES € ETY :VRI S. QANOv SKI, JR. 616 ROANOKE AVF:Nl1E P.O.BOX 779 RIVERl1EAf.NY 11901 ,516)727-4900 PM-8 S- DANOWSKI,.P. FAX(516) 'i 27.74,51 WCHAEL T.CLIFFORD aoeERT F. Kc;z4K,Er,:icz OF COUNSEL April 6 , 1992 Suffolk County Health Deparcmen- el County Center Room 5-238 Riverhead, York i 11901 xhe Fields at . __�tti tuck' Bergen. rve. , Matti-LuCk, ICY Gentlemen: 1 enclose the -most recent fi=-n prepared by the f irr,'L of i Young & YOUn` , for my client, Kit Reai may, I.nc . This relates to i the subdiv i s'Lon k io n as "The Field's a-t Mat ti tac.'k° i Als,-, eYiclased is :fit-r client ' s Applicat.Lon for ?,pp-oval *f Realty, Subdivision-s and DeviAopments, Asse4sntent Que.st:i.onnaire- and check to your order for $2 , 075 . 00 to cover i o ur J:ee ( 27 lots at $75 • 00 per lot) . Please_ provide ire with proposed test well arid test hole locations . I also enclose for your records a. letter from the Suffolk Cour;ty Wata2- Author; ty, indicating that the fJit� could not be served by the Water Authority at this time. Ver truly yours, �'L /�(, , •.r i c •lam')a`-' Cti � i PETER S . DANNOWSKI , JR. PSD:gsg Encls . cc .* Southold Tourn Planning Shard Young f YotAng, S'ur eyo.rs Mr. Joseph Mar_ari .aUFP1 COUNTY DEPARTMENT OF HEAL] IEi;VIt E5 WASTEWATER MANAGEMENT SEC-1 IUN COUNTY CENTER RIVERHEAD, NEW YORK 11301 AEALTY SUB IVI-ION ANO DEVELOOMEENT ENVIRONMENTAL A.SSevSMENT QUESTIONNAIRE (Please type or print the following information) NAM l�E Osi=Fields OR DEVELOPMENT � -� PROPERTY TAX MAP NUMBER LISLE C i�'bClst. 1'1Citt].L�acL� 3�/4lu'D PPOPERTY LOCATION (VILLAGE ANDyOR T UWI,-J) Mattitugky TLI Ss�utholct OWNEIR'; NAME (INDIVIDUAL, CORP(OFIA T ION CAR PARTNEPSHiP (OWNING PROPERTY) - - li.it Real-ty, Ir1c , 1 c/g i per Car?o�iski, -.� Es . MAILING ADORESS TELEPHONE NUMBER Rotyl1C e r"i7e�q,L�`.V. 1�'31 y, ��ri 15ycy��Gd s It t �CG3 01 Please answer all of the following questions by marking the appropriate box. i YES NQ 1. Are any of thio following permits requirLd? ... ........ •-•-•............................ ............................. a. Wilt Scenic and Recreation Rivers PerPm!t-NY5DEC ...... c. Long Island' WeV/`,Dater Supply Permit PAY-SOEC ............... ............................................... ............. c: Protection of Waters Permit - NYSDEC ................. d. Tidal Wetlands Permit- NYL DEC ................................................................. e. Fresh Water Wetlands Permit- NYS0EC ................................ f. SEORA Determination - 8000H611-1 own ......................... 2. Will project result in a large physical chango to the project,site,plhysically-alter more than 10 acres of land or alter any unique or unusual land form. X 3. Will proisct alter or have any effect on an existing body of water? ...................................................... . 4. Will rproiect have a potentially large irnp ct on groundwater quality? .............. . . . . ... 5, Wit! project significantly a=feot drainage flow on adjacent sites? ........................-......_..-___....._.......:...' � 0. Will project affect any threatened or endangered plant or animal species? X 7. Will project result fn a rniajor adverse affect on ai.auality? ..................................................... X- 3. Will project have a major effect on visual character of the community,scenic views or vistas known to be Important to the coMriaunity7 .............................................................. -............................................. X 9. Will project adversely impact, any site or structure of histo,Ic, pre-historic, or paleontological importance or any -site designated as a critical er;vironmental area by a local agency? ................ X 10. Will project have a major efferi on existing or future 1'0Cre2tional opportunities? .......................... X 11. Will project result in major traffic prooler;;s or cause a major effect to existing transportation systams? ............................................................................................................ S! 12. `AIM project regularly Cause objectionable odors, Eloise, glare,vibration or electrical disturbance as a result of the. projeot's operation? ......... ................•--......•........_............ .. ..... X 13, Will project have any impact on public health or saoety? ............................ 14. Will project affect the eaisfing. community by directly causing a growth in permanent population of more than 5 perCent over a one-year period? .................................................................. ..................... X 15, is there pl.lb :controversy concerning the project? ............... .. l X K.it< Realt'y, Inc . OWNER'S SIGNAI"UFAE: LATE F3Y' °- _ __ ' , , f �W - see. T. Mac:arri , �creti•ar"y WWM-024 (6/65) te�re:Hies SUFFOLI`, 'OOUNIT`f O ARTME-EN T CIF- HEALTH SERVICES BUREAU OF WASTEWATER MANAGEMENT SUF rOLK COUNTY CENTER PIVI RMEAO, NEW YORK 11501 APPL.ICATICN P0q APPROVAL. OF REAL I''r' SDIM-13101'46 Al+01 0MVE-LOPMENTS (Please± type or print the following information) Application: is hereby r,,ado For the approval of plans For a realry subdivisionfdo-valopment as required by the precisions of the Suffolk County Sanitary C>de. FLEASF NoTi: -rhis, forty Erupt be t;oMpietely filled out and sinend by BOTH P;'Opearty riwper(a] AND p°'ol ioaaaij aS'cgsE1Q31' or land suirveyar. --�---- 1. Name of Su4-divi8lon or Ceve-lopment n, e Fields at Mattituck Mattituc-k 2. Property Location T So-resold _ Property Tax Map No.1000--113-•2 1,1 - _ (Village or Tow ) - - 3. Owner's fume F%it Rea1ti r I111c. , e/0 Peter S . Uanows,{?. ► Jr. q (Individ,.jal. Corporation or Partnership Owning Prcperey)� 616- Roamoke Avenue, P.O. Box 779 4. Mailing Address Riverhead, (l)ew York 11901 Telephone: No. (516) 727-4900 5. What is total area of property to be subdivided? 60.4266 Acres B. What is the zoning classification of the property? Residential, Mgr cultl.lral (i.e., bus;ness, residential) 7. What is the total number of lots proposers?^ 27 _ In this section? 27 B. What is the intended vsa of these lots? Y Single family "sidencea 0T io-Family residences Multi-ramily houEing Commaroial or industrial canter Other 5. What do you intend to do with Chase lotp? 0 Build an all lints Sell lots only Buildor, some lots and ,soli others dLhar LL 10. What is the nature of nail? See test bole. (Describe to a depth of 17 Feet, giving thickness of various strafe such as topsoil, loartl, clay. eared. gravel, hardpan, etc.. if known) - 11. What is topography? Rp;,liri� -.�- —�-_ (i,e— flat. rolling, steep. etc, 12. What is the depth to the Water rab'Ie? 20 ('t. Min. - SO Ft. Max. - Determined from (give maximurn and minimum if them is a era hacal su_rvev and SCUTS tvkatev Table Contour Map dated tlarch. 1991. variation and haw determined) WWM-023 (Rev. 1:e:) 18-1406..2/87 Page 1 of 2 1j.-, What is the proposed r--.iod of water supply? 0 Public warter supply ryN individti-stwater supply Other 14, What is the approximate di-,tanoe to the nearest public water supply main and the name of the suppliet'? n 200 Et- 5. What is the proposed met-1 hod of sewage disposal? Zo(711� Individual sewage f3ystem Community sewerage system 0 Other 18. What is the npIpIroximate dister-ce to nearest pijbllr- sewar main and the name of the district DistrL'?--,t ' 17. Are there ar)-V pollution sources in the arev which could afract the pubric health; or safety? (if Yes, explain] NO (The fallowing Statemc-mit must he signed -by the owner Of the IlLind platted for subdlMsion or / the t-eSp0n&-,jbIe official rif the ciompany or ccrporati-cin offering the safne for 8ale1. lT 113 HEREBY UNDEERST000 tha approval of attached pl&M dared- c)t4 V or any amandrnants or revisions thereof by the Guffoollk County Departmen-L of it �elthr 6 he plans. Services constitut!as an @PPtcVal to sutAivice land Into parnels as shown an t Approval to construct met r sup;lies Or dippasal Sys-amn ,-4jjj ;oe granted upon filing of individual constructior) appli-,icjanv on eadh lot in actor dan'ce with Lhe requirements of the ©apartment in eT"fec-t at the time of filing. If ti'a subdivided lands, shown on --uch plans, are sold before con3truction opprova- 1 is grp-,nted, it is agreed that ail purchaser's of Mots will he furnished with a lagibk-- reproducrion. of the approved subdivision plan and they Will be notified of the necessity OF making application for construction of water Supply and sewage disposal system or, their individdal 10t- MLt Realty, InC-/, !3 i g In a--,IL,r B YV Date Print Nam Official Title TO 05 FILLEO 1N BY PROFES-SIGNAL ENE"11NEER CIR LANO ISURVEFYOR'. The plans submitted With this applirarion,t , ware prepared by me or under my supervision and directior. Any warpar supply a;-jdalor sewage disposal Facilitivs shown art the plans were designed after a careful and tijorougin study was made Of local soil and groundwater corditions. I certify that any legends and loge shown on the drawings are accurate Find any, soil boring results shown an the pans were obsar-Aved b;,, me a," hY personnel urtide'!'r my supervision. Name (give rirrp, If any, Yossi:_ Fx 'OtQf Yo Address 4001 Ost-landler Avenue. Rivernea(J, Naw %'or�k 1.1-901 Signzicure-j, - ;7 Print Name Lhorpa_5 C, Wojpert., P.E. License and Nurnber, 61483 Talt-phone Number (516) 727-2303 W%VM-0-23 (Rev. I/EM 113-14 0 6--216 page 2 of 2 OLK COUNTY WAICER. AUTHORITY 1096 Old Ritrerhead Road, R.01 Box 1407, Westhampton Beach, NY 1 1 976-1 407 Telephone: 516-288--i 034 Fax: 516-293-7937 March 23, 1992 Mr. Peter S. Danowsk_i, Jr. 616 Roanoke Avenue P.O. Bo,-- 779 Riverhead, N. Y. 11901 RE: The Fields Bergen Ave. , AMatticuck., N.Y. Dear Mr. DAnowski: Reference 18 made to your requf;st for :,nformar, or, reo-arding the supply of public water to the above location. This property is riot supplied w.;_th public water srarvica. The $uffolk County Water Authority will riot: be able to prcvide this sLte with public water at this time.. :'r Very truly yours, SUFFOLK COUNTY WATER AUT14ORIT'Y Joyce F. Rosko W4schampton Reach District Office JFR:gm nn;r'%C QN nECYCLc6 PAPeri 1 XV SUFFOLK COUNTY WATER AUTHORITY Edward J. Rosavitch, P.E. Administrative Offices:4060 Sunrise Highway,Oakdale, NY 11769-0901 Chief Engineer (516)563-0202 Fax No.:(516)589-5277 February 20, 1992 Mr. Bennett Orlowski, Jr. Chairman Town of Southold Planning Board 53095 Main Road Southold, New York 11971 Re: Potential for Water Supply for Proposed Subdivision of the Fields at Mattituck Dear Mr. Orlowski: The Suffolk County Water Authority appreciates the opportunFty to take part in the coordinated review of the above captioned project. The available public water supply in the area proposed for development. is very limited and the authority has had previous negotiations with the owners of this 60-acre parcel in an attempt to acquire a well field site. We therefore feel that the final design of this realty subdivision ✓ must include land for an Authority well field and a test boring to determine water quality and quantity. If you have any questions, please contact me at 563-0202. Very truly yours, E. J. Rosavitch, P.E. Chief Engineer EJR:SRD:jn i `• ='L l;.J cc: Mr. W. C. Hazlitt Mr. M. A. LoGrande 'Soul WN Mr. J. Lizewski Mr. T. Wickham "A NINGBWD Mr. M. McDonald Mr. H. J. Miller Mr. P. J. Dugan • �♦ ^, v s i Arm Rs SUFFOEK COUNTY WATER AUTHORITY Edward J. Rosavitch, P.E. Administrative Offices:4060 Sunrise Highway,Oakdale, NY 11769-0901 Chief Engineer (516)563-0202 Fax No.: (516)589-5277 February 20, 1992 Mr. Bennett Orlowski, Jr. Chairman Town of Southold Planning Board 53095 Main Road Southold, New York 11971 Re: Potential for Water Supply for Proposed Subdivision of the Fields at Mattituck Dear Mr. Orlowski : The Suffolk County Water Authority appreciates the opportunity to take part in the coordinated review of the above captioned project. The available public water supply in the area proposed for development is very limited and the authority has had previous negotiations with the owners of this 60-acre parcel in an attempt to acquire a well field site. We therefore feel that the final design of this realty subdivision must include land for an Authority well field and a test boring to determine water quality and quantity. If you have any questions, please contact me at 563-0202. Very truly yours, E. J. Rosavitch, P.E. Q � Chief Engineer D 3 411 EJR:SRD:jn FEB 2 11992 cc: Mr. W. C. Hazlitt Mr. M. A. LoGrande �y;p1.DTOWK Mr. J. Lizewski Mr. T. Wickham N BOARS Mr. M. McDonald Mr. H. J. Miller Mr. P. J. Dugan PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. %j� Richard G. Ward er 1 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 4, 1992 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision The Fields at Mattituck Bergen Avenue, Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski, Jr. : The following resolution was adopted by the Southold Town Planning Board at a meeting held on February 3, 1992: WHEREAS on January 13, 1992 the Planning Board assumed lead agency status on the subdivision proposal for The Fields at Mattituck; and WHEREAS the Planning Board has received correspondence from the Suffolk County Department of Health Services indicating the following: a) that test well data obtained in 1987 from the vicinity of the proposed action indicate nitrate levels which exceed New York State drinking water standards; and b) that based on the above information the Suffolk County Department of Health Services will require additional test well data from the applicant; and c) in the event that potable water cannot be derived from private wells, the applicant will likely be required to connect to public water as a condition of any approval by the Suffolk County Department of Health Services; and WHEREAS as a result of the above, the Planning Board has referred the proposed map to the Suffolk County Water Authority asking if that agency would like to take part in the coordinated environmental review. A response from that agency is expected by February 24th; BE IT THEREFORE RESOLVED that the Planning Board extend the time frame for their SEQR review to the .next regularly scheduled Planning Board meeting after February 24th, which is March 16, 1992. Copies of the reports the Planning Board has received from their Environmental Consultant and from the Suffolk County Department of Health Services in reference to the above mentioned subdivision are enclosed for your information. The Planning Board will be reviewing all reports at the March 16th meeting. Please contact this office if you have any questions regarding the above. Very truly /yours, Bennett Orlowski, Jr. Chairman enc. _)LINTY OF SUFFOLK NHS Rcbert J. Gaffney SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER January 3, 1992 Melissa Spiro, Planner . r ra S '7 Town of Southold,Planning Board Office Southold Town Hall j 53095 Main Street -P.O.Box 11971 �'��� �~ 4° ;, Southold,New York 11971 RE: The Fields at Mattituck` SCTM#: 1000-113-2-1.1 SCDHS Ref.#: Fields at Mattituck-Sub(87-844) Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS)has received your letter of November 29, 1991,regarding the above-referenced application and has no objection to the Southold Town Planning Board's designation as lead agency. Based on the information reviewed,we believe that at a minimum, an Environmental Assessment Form(EAF)Part III should be prepared to provide additional information about the potential impacts associated with the desired action. In addition,we submit the following comments for your consideration. I. Suffolk County Sanitary Code (SCSC) A.Article 6 Application Status: The SCDHS received an application for realty subdivision of the subject parcel in October of 1987, as required by Article 6 of the SCSC. The application submitted was for the residential subdivision of the site into 25 single family lots. Based on technical review, staff from our agency's Bureau of Wastewater Management determined that the application was incomplete pending additional information. In a"Notice of Incomplete Application" (dated 11/29/87) the SCDHS notified the project sponsor of additional information required prior to further review of the pending application. COUNTY CENTER RIVERHEAD, N.Y. 1 1 901-3397 Letter to Melissa Spiro January 3, 1992 Page 2 The application has remained inactive since 1987, and will not be further reviewed until requested information has been provided to the Department. B. Project Proposal Differs SCDHS Application: The proposal on file in our agency differs from that which was recently coordinated. The applicant,therefore, should provide an updated development plan to the Bureau of Wastewater Management so that a technical assessment of the most current proposal can be made. No further action will be taken the SCDHS until the current map under review by the Town is submitted as a revised application to the Bureau of Wastewater Management. C.Water Quality Concerns: Please be advised that test well data obtained in 1987 from the vicinity of the proposed action, indicate nitrate levels which exceed New York State drinking water standards.Based on this information, our agency will require additional test well data from the applicant when review of this proposal is resumed. In the event that potable water cannot be derived from private wells,the applicant will likely be required to connect to public water as a condition of any approval by our agency. D.Sanitary Code Provides for Clustered Subdivisions: Article 6 of the SCSC provides for the clustered development of realty subdivisions,in which one or more relatively undersized parcels is designed in such a manner as to allow a substantial unimproved portion of the tract to stand open and uninhabited. In the event that undeveloped"open space" is proposed for agriculture, golf, or similar uses which do not comply with the 'open and uninhabited" intent of the clustered development provisions of Article 6,specific density restrictions apply. For each project,lot yields shall be determined by comparing nitrogen loading data for the proposed combination of land uses to a conventional single family subdivision with lot sizes that conform to required Article VI density. Additional details of acceptable nitrogen criteria are available to the applicant from the Bureau of Wastewater Management. E. Lot Size Requirements for Clustered Subdivisions with Public Water: In the event that the subject proposal is to be served by public water,please be advised that lot sizes may be reduced below 20,000 sq ft and conform to the water facilities requirements of Article 6 (providing the project conforms to the appropriate equivalent density, and meets all required setbacks, and separation distances for the installation of subsurface sewage disposal and water supply facilities). Letter to Melissa Spiro January 3, 1992 Page 3 Lot size reductions can often provide valuable mitigation for potential natural resources impacts associated with large-lot development. F. SCDHS Compliance Requirements and Jurisdiction: The applicant must comply with the requirements of the SCSC and all relevant construction standards for water supply and sewage disposal systems. Design and flow specifications, subsurface soil conditions,test well data, and complete site plan details are essential to complete, review of this project.These considerations are reviewed fully at the time of SCDHS application review. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant,therefore, should not undertake the construction of either system without Health Department approval. H. NATURAL RESOURCES A.Alternative Cluster Configuration: We encourage the Town to consider the enclosed cluster plan which we believe can offer significantly increased natural resources protection without unreasonable modification to the proposed action. This development alternative provides for the protection of nearly 5 1/2 additional acres of non- agricultural open space,which when joined with the adjacent "drainage area".will create an undeveloped open space area of approximately 11 acres.. We believe the long term value of this additional open space is underscored by existing natural resources research in the area of wildlife habitat. According to the National Institute for Urban Wildlife,one such study(Galli et al. 1976) examined bird use of forested habitat patches surrounded by open fields in central New Jersey. Habitat islands were studied in sizes ranging from .01 to 24 hectares (1 hectare=2.5 acres). Research findings indicated that bird species richness (measured in number of species present) increased significantly through an island size of 24 hectares. In addition,habitat island size accounted for 85% of the variation in total species richness. Additional wildlife studies (Robbins 1979; Whitcomb et al. 1981; Levinson 1981;)have clearly demonstrated the direct relationship between habitat "island" size and species diversity. We feel strongly that such findings must play an i nportant role in the environmental planning process and in the development of alternative project designs which are intended to minimize potential impacts to the greatest extent practicable. In addition,we believe an alternative configuration would maximize the separation distance between agricultural activities and residential dwellings, and reduce the potential for development-induced erosion lot 12 where slopes appear to exceed 10%. Letter to Melissa Spiro January 3, 1992 �r Page 4 B.Indigenous Vegetation: Indigenous vegetation should be used wherever possible in the landscaping of this project. Such vegetation is well suited to the on-site soils and can provide valuable mitigation in reclaiming disturbed portions of the site. C. Dedicated Buffers and Open Space: The future status of all dedicated open space should be clearly defined. As presented,long-term use of the proposed "Agricultural/Open Space Easement" is difficult to determine from the information provided. Additional information should be requested which describes the intended use of this area, and which clearly identifies dedicated open space and agricultural reserve areas. In areas proposed for open space dedication, our agency strongly encourages that protected open space be retained in its natural state, and that no construction,excavation or filling shall be permitted in these areas. Open space ccvenants and restrictions should state clearly that such areas are intended for passive (non-motorized)recreational use and that they may not be subsequently converted to active recreational or community use (ball fields,parking,tennis courts etc.) in the future. D. General Erosion Control Measures: Leaching pools installed along the project's proposed roadway are likely to fill rapidly with unconsolidated sediments during construction phases of the project providing limited long-term, stormwater control benefits. We request that the Town require a clean-out of these facilities during and after the majority of the site's development. Furthermore,we encourage the periodic maintenance of all such facilities on the project site. In order to minimize off-site erosion and siltation,we recommend the stabilization of all construction access points with a 50 foot long crushed stone bed (minimum depth of 6 inches), underlain with a commercial filter cloth. E. Low Impact Recharge Areas and On-Site Soils Protection: In an effort to reduce potential impacts to indigenous vegetation,wildlife habitat, and on-site soils, we encourage consideration of recharge areas which require minimal excavation and structural modification. The proposed drainage area design appears generally consistent with this recommendation. We would,however,recommend that complete drainage needs and design details be provided for detailed assessment. Also, we encourage careful monitoring of any project which requires the creation of large recharge areas,which we believe, have the potential to become unregulated "borrow pits" or "sand mines" during development phases of the project. Letter to Melissa Spiro January 3, 1992 ' Page 5 F. Clearing and Managed Turf Restrictions: In addition to the above recommendations, we strongly support the imposition of clearing and managed turf restrictions on individual lots which can provide for greater protection of native vegetation and wildlife habitat, and reduce the potential for areas of fertilizer-dependant turf. III. SUMMARY: Based on the material reviewed,we believe that additional information pertaining to local groundwater water quality,dedicated open space and agricultural preserve areas, cluster alternatives, and general design considerations should be provided prior to the Board's determination of significance. We believe that an EAF Part III could, if well prepared, provide for the necessary examination of the above mentioned issues. We do not object,however,to a decision which would require the preparation of a Draft Environmental Impact Statement (DEIS)which would provide for the most detailed and thorough assessment of the proposed action. Thank you for the opportunity to review this application.If you have any questions please feel free to contact the Office of Ecology at 852-2085. Sincerely, Robert S. DeLuca Sr. Environmental Analyst Office of Ecology Enclosure cc: Vito Minei, P.E. Louise Harrison Stephen Costa, P.E. Frank Dowling,SC Planning ,� SA PLANNING BOARD MEMBERS f ,� SCOTT L. HARRIS y % 1. Bennett Orlowski, Jr., Chairman Supervisor � �,< �{ � ,•• P George Ritchie Latham, Jr. Richard G. Ward z R Town Hall, 53095 Main Road Mark S. McDonald « 'gin 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 January 31, 1992 Michael A. LoGrande, Chairman Suffolk County Water Authority Oakdale, New York 11769 Re: Potential for Water Supply for Proposed Subdivision of The Fields of Mattituck N/s Bergen Avenue, 441' W/o Cox Neck Road, Mattituck. SCTM * 1000-113-2-1. 1 Dear Mr. LoGrande: As per our agreement to keep your office informed of all potential requests for public water within the Town of Southold, I have enclosed a subdivision map for the above-noted project which is located due west .of the Suffolk County Water Authority' s public water system for Captain Kidd Estates in Mattituck. A reading of the enclosed correspondence from the Suffolk County Department of Health Services, a coordinating agency, and our environmental consultants, shows that this project might require public water service due to the unsatisfactory water quality. Since the Planning Board is in the process of a coordinated environmental review, we hereby are asking if the SCWA would like to take part in the coordinated review as an interested agency. 1 Receipt of your agency' s response on the invitation to be part of the coordinated environmental review in time for our February 24th meeting would be appreciated. Sincerely, Bennett Orlowski, Jr. Chairman Enc. cc: Edward J. Rosavitch, Chief Engineer, Suffolk County Water Authority Joseph Lizewski, Councilman & Chair, Groundwater Resources Committee Thomas Wickham, Councilman & Chair, Planning & Zoning Committee Mark McDonald, Chair, Water Advisory Committee .lO a `�_ ''a.`{'VJ•fp \ •'9 .JJ VP• �. I(AST A-D� �' i� LJaN p ��• ,Sf,GH.: • ,! 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NO ...a t. leD and -- ---• .ft.at OCH•EL B•=(D,Jt °'—".x'l-. ___._ Hre.w Is.•d......,lal w. _____ ... ____ Lr•o.w,.�11... _—a.. ti.n N.....,11.,._—O._ .......... c •r. _I1Ir11 I— L'"°�-r.=. a..L.aN�.•P...,II,•w. .... �. ..n —��— .....�.. ___.... )) . .., I)•10 - ' 11d1 I_a •.1 . .,__,_� t1. 1 P.l P I • Pw..1„. I Y.. 11.1�1 a ` ' f EAF ENYIRO;IMENTAL ASSESSMENT - PART I Project information . NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on tho environment. Please complete the entire Data Sheet. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. It Is expected tnat comoletion of the EAF will be dependent on information currently available and will not involve new studies. research or investigation. If information requiring such additional work is un4vai{able, so indicate and specify each instance. NAME OF PROJECT: NAME AND ADDRESS OF OWNER (If Different) KIT Realty, Inc. SGTM4- 10d - it 3 2 , �I ame- ADDRESS AND NAME OF APPLICANT: (SSYtreet) PETER S . DANOWSKI , JR. , Stata (Zip) ame As Agent for KIT Realty, Inc. BUSINESS PHONE: 7c treet (State) ( p DESCRIPTION OF PROJECT: (Briefly �/describe type of project or action)) p / ��ir/�•/ SrJCjM!�i , 27 GTS (PLEASE COMPLETE EACH QUESTInN - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both develoned and undeveloped areas) 1. General character of the land: Generally uniform slope Generally uneven and rollinq or irregular 2. Present land use: Urban Industrial Commercial , Suburban , Rural _. Forest X_, Agriculture _>e . Cher ry/7 7- 3. Total acreage of project area cres.: Approximate acreage: Presently After Completion Presently After Completion Yzl Meadow or Brushland acres /� acres Water Surface Area O acres _0 acres Forested 7 acres LYL acres Unvegetated (rock, e4rth or fill) D acres _v acres • Agricultural �acres � acres Roads, buildings T 8 = I•letland (Freshwater or and other paved 0 acres acres Tidal As ner Articles surfaces _- 24, 25 or F..C.L.) _0 acres '_0 acres t WN`,+VeAiNa �t 2�. ] Ot� (i di to type �� acres acres 1 \uCx- 4. 'ghat is oredaminant soli type(s) on project site? ��•C� �G�� -'�!T"ip`vCF�__ ►�- 5. a. tre :here bedrock outcro^.oinas on •%rn.ipct sit?? _Yes _X_No t.. Phat is depth to bedrock? N�H _ — ('.n feet) 9/1/78 i1 SOUTHOLD TOWN :v - pt11NNi 80ARD 70 /8 6. Approxinate percentage of proposed project site with slooes: 0-10'. -m 15: or greater _ S. 7. Is project contiguous to, or contain.a buildinn or site listed on the National Register of. Historic Places? Yes No B. What is the depth to the water table? feet 9. Do hunting or fishing opportunities presently exist in the project area?. Yes _�<_No 10. Does project site contain any species of plant or animal life that is identified as •threatened or endangered - Yes __x- ;1o, according to - Identify each species J-7 Q AND CVA ' 11. Are there any unique or unusual land forms an the project site? (i.e. cliffs, dunes, other geological formations - Yes _-<_No. (Describe _ ) 12. Is the project site presently used by the community or neighborhood as an open space or recreation area - Yes ,No. 13. Does the present site offer or include scenic views or vistas known to be important to the community? Yes No 14. Streams within or contiguous to project area: NC Nt; a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, 1?etland areas within or contiguous to project area: A/p,V E a. Name b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g single family residential, R-2) and the scale of development* (e.g. 2 story).5./-- /,j A-C D/S T121CI e2t.-lilli f • NS !�l�n� �.,.l { i ' �} lip fl6 �0�.��t Rr /gTiOY J �fOf B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor D. acres. b. Project acreage developed acres initially; LY-7'lacres ultimately. c. Project acreage to remain undeveloped d. Length of project, in miles: /y/P (if appropriate) i e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ;•developed acreage . N IA- f. Number of off-strut parking spaces existing _�_; proposed g. Maximum vehicular trios generated per hour ni%` (upon completion of project) h. If residential: Number and type of housing units: • �ne- Family Two Family Multiple Family Condominium InitialZW Ultimate _�P I. If: ViiA Orientation :!eighborhood-City-Region'sl Estimated Employment Commercial Industrial j. Total height of tallest proposed structure _. 'J -feet. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site - tons (' cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - acres. Z FS • 7 ; 4. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes ,; • S. Are there any plans for re-vegetation to replace that removed during construction? ✓ Yes No 6. If single phase project: Anticipated period of construction &0 months, (including demolition). 7. If multi-phased project: a. Total number of phases anticipated No. N lA b_ Anticipated date of commencement phase 1 month year (including demolition) C. Approximate completion date final phase month _wear. d. Is phase 1 financially dependent on subsequent phases? Yes No 8. Will blasting occur during construction? Yes _.%<'_No 9. Number of jobs generated: during construction eO ; after project is complete ti 10. Number of jobs eliminated by this project , 11. Will project require relocation of any projects or facilities? Yes �No. If yes, explain: 12. . a. Is surface or subsurface liquid waste disposal involved? `� Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) ! "ire,,, 1.1 e",t:.Wni.,t. c. If surface disposal name of stream into which effluent will be discharged FJIA- 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes l' No. 14. Is project or any portion of project located to the 100 year flood plain? Yes 11 No 15. a. Does project involve disposal of solid waste? '/Yes No b. • If yes, will an existing solid waste disposal facility be used? ✓Yes No c. If yes, give name: 5nr)'r1!)1Ln -!;tip( location /_.o-(ctgi)Gc�� d. :lilt any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ✓No 16. Will project use herbicides or pesticides? Yes _2�' No 17. Hill project routinely produce odors (more than one hour per day)? Yes No 18. .Will project produce operating noise exceeding the local ambience noise levels? Yes N_<' No 19. Will project result in an increase in energy use? _;S e_Yes No. If yes, indicate type(s) s) IJo117�_1 E D C Q S f 20. If water supply is from wells indicate pumping capacity. gals/minute. ►J o-r S v2 t. e i- 21. Total anticipated water usage per day _,e, no gals/day. =.�'./!t.!s: o r wftT�- A'l' T"' S lrit 22. Zoning: a. What is dominant zoning classification of site? • b. Current specific zoning classification of site _�`.�� • C. Is or000sed use consisted with Present zoninq? • d. if no, indicate desired zoning ____-_-._- __ _ -•_-_- 26. Approvals: a. Is any Federal permit required? Yes No b. Does project involve State or Federal funding or financing? _ Yes _X Ito c. Local and Regional approvals: Ap royal Required Submittal Approval (Yes, No� (Type) (Date) (Date) City. Town, Village Board - -' City, Town. Village Planning Board . — `' City, Town. Zoning Board �1 City. County Health Department _,L %�' �� •'`� ''' Other local agencies ��r Other regional agencies State Agencies Federal Agencies C. INFORHATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal. please discuss such impacts and the measures which can be taken to mitigate or avoid them. PREPARER'S SIGNATURE: TITLE. !..i�/1-01 r X. : REPRESENTING: KIT Realty, Inc . DATE: -4- EAF ENVIRONMENTAL ASSESSMENT - PART II : Project Impacts and Their Magnitude General Information (Read Carefully) - In completing the form'the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large. (column 2) does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an eVect i olumn 2 simply asks that it be looked at further. - The Examples_ provided are to assist the reviewer by showing types of effects and wherever possible the thresho, 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 more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples 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. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion 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 the size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. i 2, 3. SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON LAND NO YES WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO O PROJECT SITE? Examples that Would Apply to Column 2 _ Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of lengtn), or where the general slopes in the project area exceed 10%. Construction on Land where the depth to the water table is less than 3 feet. — ronstruction of paved oarkinq area for 1,^11 or more vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 vear or involve more than one nnase or stage. FAcava!ion for mining purposes that would remoye more than •1 ,000 :c-ns of raturfl n_terial (i.e. rock or soil) per year. Construction of any new sanitary landfill. . 5"ALL TO POTENTIAL CAN IVIACT BE '-')DEnATE LARGE REDUCED BY MPACT iHPACT PROJECT CH Pir.E Construction in a designated floodway. _ Other impacts: YES 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND FORKS�O FOUND ON THE SITE? (i.e. cliffs. dunes. geological forma- Lions. etc.) Specific land forms: IMPACT ON WATER HA YES 3. WILL PROJECT AFFECT ANY WATER. BODY DESIGIIATED AS .......... O PROTECTED? (Under Articles 15. 24. 25 of the Envir- onmental Conservation Law. E.C.L.) Examples that Would Apply to Column 2 Dredging more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal Wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NEW NO YES BODYOF HATER? ...........................................•n O Examples that Would Apply to Column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds lO acres of surface area. Other impacts: -RIT YES 5. 4ILL PROJECT AFFECT SURFACE OR GROUNDWATER DUALITY? ,mot Examples that Would Apply ro Column 2 (?�YY) Project will require a discharge permit. Project requires use of a source of water that does not have approval to serve- proposed project. Project requires water supply from wells with greater than 45 gallons per minute pumping capacity. Construction or operation causing any contamination of a public water supply system. _, Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of MOOD gallons per day. _ Project will likely cause siltation or other discharge into an existing tidy of water to the extent that there will be an obvious visual contrast to natural conditions. -a- f%ALL TV PnTENTIAL Ml IMPACT BE +OOERATE LARGE REDUCE) CY VAPeC7 IweCT PROJECT CHARGE Other Imoacts- 6. PILL PR:IJECT ALTER DRAINAGE'•F011. PATTERM OR SURFAr.E MTER NO YES RUNOFF? ...................................................O� Example that ':ould Apply to Col urn 2 Project would imede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainaae patterns. Other impacts: MAC� T O�y of R 110 YES 7. WILL PROJECT AFFECT AIR QUALITY?..........................• O Examples that Would Apply to Column 2 Project will induce I qM. or tare vehicle trips In any given hour. _ Project will result in the incineration of more than 1 ton of refuse per hour. Project emission rate of all contaminants will exceed 5 lbs. Der hour or a heat source producing more than 10 mil.11on BTU's per hour. Other imaacts• IMPACT ON PLANTS AND AHrrALS 40 YES 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? go Examples that Would Apply to Column 2 Rnduction of one or more species listed on the flew York or Federal list, using the.site, over or near site or found on the site. _ Removal of any Dortion of a critical or sianiflcant wild- life hebitJG Apolicatinn of Pesticide or herbicide over more than tric: a year other ttun for nyricwturil purposes. . _ Ottier impacts: 9. WILL PROJECT SUBSTANTIALLY AFFECT f:ON-THREATMED OR NO YES ENDANGEREDSPECIES? .......................................0 Example that Would Apply to Column 2 Ky Project would substantially interfere with any resident or migratory fish or wildlife species. ' Project reouires the removal of more than In acres of mature forest (over ion years in age) or other locally important vegetation. -7- SHALL TO POTENTIAL CAH IMPACT CE MODERATE LARGE REDUCED BY IMPACT I11PACT PROJECT CHANGE IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGYSUPPLY? ...........................................�O Examples that Would Apply to Column 2 Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than SO single or two family residences. Other impacts: IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS. NOISE, GLARE. VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....�O Examples that Would Apply to Column 2 ____ Blasting within 1,500 feet of .a hospital, school or other sensitive facility. _ Odors will occur routinely (more than one hour per day). Project will Produce operating noise exceeding the local ambient noise levels for noise outside of structures. _ Project will remove natural barriers that would act as a noise screen. ,+ Other impacts: IMPACT ON HEALTH S HAZARDS "in YFS 16. MILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? .............0 O Examples that Would Apply to Column 2 Project will cause a risk of explosion or release of hazardous substances (i.e. oil. pesticides, chemicals. radiation. etc.) in the event of accident or upset conditions, or there will be a chronic low level discharge. or emission. _ Project that will result in the burial of "hazardous wastes" (i.e• toxic, poisonous, highly reactive, radioactive, irritating, infectious. etc. , includinq wastes that are solid. semi-solid. liquid or contain gases.) Storaoe facilities for one million or more gallnns of ltauified natural gas or other liouids. Other impacts: _ ;r,Jr PLANNING BOARD MEMBERS r^ . SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman f s_;?► _ '` Supervisor George Ritchie Latham, Jr. Richard G. Ward ;3 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 19 9 I 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: I. 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: ° Requested Action: ,27 c,1V 60 4 ar/-5 SEQRA Classification: ( ) Type I ( � ) Unlisted Contact Person: 4- 2 ( 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: ( X) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below) . Comments: Please feel free to contact this office for further information. Sincerely, Bennett Orlowski, Jr. � Chairman c C: B eaFd-of-Appe 7i-& Be.r� tr es D4r ding* Department Southold Town Board- •v Suffolk County Dept. of Health Services '*NYSDEC - Stony Brook NYSDEC - Albany ^fz Publl^e� r U.S A__Y-GGrP-ef Engineers- L..Y.S—�egt-,-o-fanap�rfiation * Maps are enclosed for your review Coordinating agencies 0 RA M E R, 3 NSULTAI i 'J N ENVIRON1 January 22, 1992 'Mr. Bennett OrlovNskzi, Jr. C'h a,rm.a n Southold Plannin� Board Town Hall, 53095 Nfnain Rocld A-0, Box 1179 JAN 2 3 Sounhold-, lNew York 119"J"i 1992992 Re. The Meld-, at Sou OLD Towt4 ING BOARD Dear B-.-nny: Alis per your request, vve hav,,- con=plated a prelinninary of the abvve refertneed prq'le'c'. In- aw-cordaf"C"- with ')U� Cc_li resouildence of November 219, 1991. Tai'ks and compileted activitie's ar%z identifiiCl�j a- S 1. Re'ele-'v Part I I.,RAF Th, a r I h as b e ct n f5cal s P c�c.v,,J by 0 1 A. ain d t b.i� L E,;%F h a s b e e.a r a v i e v/e d a i d -a mended as ;iecesltary, A copy o'same is attached. repare Part 11 EAF i-' , The, Parl '111 "LEAF has I---'Cll U fl- P1 and I's also at �chcd Milormadon concemonEg, Our findL',gs is iricluded below. 3. Advise as Neces'saq The parcel bat been insputedan-j envi.ronalental refeAreaces concernir:,g the site and a.re,uz have beer. consludated" T.hkl represents a low intensity uSe of Iand, and the use of Clustering is eff'2("Ilive in rL-111-urg" opom_spare aria protecting., identified site res\nurces, This sit-a inspection found the followings. Tile majority of '(I t! �cti mg of meadov.,s and ima at are: he site is agricultt,ral' huld-, i�,40h �' .. .t ture forest ill r of the -oak species- Tlbe centrai portion of th.- Site is the Itocaflon of a a - . of ciated with j.--. According to our field dradn,,aeswa e -nd I �teep 1'� ;wpesa�!;() L U0.11 10 -us tees s t o h av invest:gtio'n' (as well -Is 11p1j", the ' vyn Tj the swale appea, undergone, Siliatior, L"-011 t ' rin fic1d. Furiher, it is evident that there are n the ra Ek nUr1'11__1er '-',Ar inmas;ve and! plant spe6es, heave become eitablishcd in the, aree-1, Tile Swale an�a conutinssori'ie AvLland species that are Dredornlpantl1 lapland and exotic.. The Suffoik C runty 'oils 14ap has identifled thus swale as an interrnittcnt idra`n.,,gestn�arn, U.- area of the svvale contalris slopes that are stee lssMed I un= P I-110'r"es Egr%-�'ter than 1551?/a (locally in the rainge of 25 to 30%). tp.L-cd su)divisionis som ewbat Selisitive to th I prop osed ,,,u!,+ e sit�_- ) errvirorume.ntal resources ldentifi�d above, but we believe that hal ir, the soutllern part of the Clust;:r c:11-n be reduced to lots Sizes in the narige olf 30,000 + square fket. The reductioln of lot iizes Will allovv. for the: samn� yield, but vvi"11 !niriimize Page I of 3 54.2 NORTH COUNTRY MOAD, ,AILLER PLACE, NY 11764 (516) 331-1455 Fidds at Mattituck Long EAF RevIew impacts by r--rducing buil;I-Inq mi i"),H Steep slopoos Contaftned on lolls 141.of -12)" We suggest that t uA.P.arally n-loved northward' hw confignurat-n th e sulbd;vision b�, , such that d l ' naC h adimonaoespawil fernain nortof recharge area, I addition, a greater amount, of Wooded laind aind .xoo6-,d edge babitall-s xoulld be protected by this open ca,mar-sion ot the rec iarp space, 'rhe red-ti cdom of I ot size w ou Id also allox for the %1' _10008 a We suggest that natu'rall recbarge options bc area 'to include the FL"-- U S _ 1. the drainage swalle and redesigned lots W,ored to contain road ,U a offf- f-7he area r of I i2 could be inco.-pora'ed Nitc the- operisepace easement to be partially utilized for NS purpose. of 1'he steep dope portions of the size, we fo))nd some be, "veg,:n-the 1-t,lopes anal the lo.,as of the trail from What is reflected on noted that th��mi the plan, rt ILS _)o!-�raphic information was taken from the Suffolk County S-ewage Tocmvrar.lhrc Ndap, which -are old five. (5) foot contour interval 'lnvi-de maps. A ji: it"Lonal i, rnation. -regardingexist.ing grade would be count n M _C..f MICAc,ial r_-vi,kving racharg- otions. We fully support t1he use of clustefing as a means of reduprig potential Due to tbe"noted sensitivi ' h' ,�,nvivoiqrne�ntal irripacts to identiflit-1 d rVesources. t of ' S :DarcC.!, 1,ve feel that the Bnoardv4ulld beriefit through she preparationo.-fa tong �AF Pa�q 111 maa.vatine Th-- e,,s?'stmg e-i-vironn-iental setting, Ole potential limpancts of 'Ig,Litb.--r presemly reflected in the ch"n-ter an, or the orcliCct, 0rid 1 P a d o_ f ddi nal mea- swhigh Could be mplo,'ad to reduce environmeratal "i pacts. ThV L' V,A-!& 'E-,AF Pa)-t III would con-stj,u-e addlitIO&A information needed b I th(. decision- ima)kinq of ill support of the )_-�u!5,terrnbnatlon of Signivicance, whic� the Planning Q ; 0 Board i.,4 req-,wred to issue. 'Fhe T nq EAIF' Part 1111 narrative could be prepared by a 0 cons- It nt rotained by the applica.- ', in which case the information presented Should be reviewed by the Bo' asrfj (an'd/or consultant) for accuracy. M <ddiCon, we su,,zest than the proposed 40 foot scenic. buffer on the northern. bou ndaxv, be e,4pandjed to 60 feet to preserve natural vegetation; as well as be expanded; to include the western a-d soutbarn sides of redesigned lots 9-121. Tit consideradon. of the sco,e of the Lonp EAF, the fol'o-Win on iderations t� C S are. provided. Potendi-01 impacts -a'-e, Sul-swiltialfy Tel u.'n1dar e "cLtster"plan +hf0Lf11 the pre;servatior, '4^5.9 acres of land, We believe that the topographic 1, L Z.- I Sensitivit'; of this oarcel as identiffi d above warrants this subdilvLsion concept. Given t1he sens6.mlty or t1he _,Iteolhe olhl'-IR ition of the planning Board to take a "hard look" at the implications of a dcc . I I*-sev-e.-Nd issues raises -above, we feel that the Board Would lben--1.-rit from the preparado.i of a LEAF Part 11.1 narrative. ']bhe. foilowing is an outline )f issues which should be discussed, In addition, recornmenda- tions for preparation of documen tation and possible design changes and mitiga-tion art ,i!so included. LNILIPAUI ON LAND Construes on on. slopes of 1561'o or ?enter The clustered plan shoiAd lie rede-:1g.ned to 'Unlit building ins the steep slope areas in the centred po.rcion of the Oe lots A-12. Central recharge area should be strongly considered for a 1,110re rUUlt ltal rectargo basin conCepE and incorporated into the open N A S CRAMER, Vg.... CIATE83 k;: ;N(. . Page 2 of 3 G CONSULTANTS ENVRONINIENT rJelds at Maltftuck Ung EAF Review svacl- a.naa. NwWrol conc--'--pt and feasibility should be .datermirted. I L,4 PAC IN ZL!�M AND AN.'NAIM" -T S116 SUD&NIS r-,qj9'pOrII" anr!hqpnileS, eS A p o�,e,*i lia I th�'e a r e i sp e c" a n,d Sp e C ies Oj' S ecl'-71 COFIC&M ?N-mts and ,vilzt-flife shoudd be -II.,iracteri.zed as support .1"or moxh-nurn preservation of p e ri s p ae ram t hr INICIT) ACT QX,&�oR uI2OqIoJ1_L,T,t U,rR i nA 9. t pL r,—,eAtsL e4 r1va I o r, mb r*e wo o d ad r e a, and wooded edme habitats tve ' IM"c,-tant 'Q SUOS. .1 1 ' ir I -P agricukurrd Iand posqd aq on would, -,�versibly (on more than 10 acres o, A dcultur}O, sultability ham-j usecompatibiIiiy of auricuirtire and availability of 9 alternate agricuiturallaTid sho-uld e considered. mdu-clion of op'ep '-pace S v I t open -Ipace avid char icier should be Identified as supDori for max"Mu.n.11 prs!¢-T vat'-'-V' or .-Pen, Srja- cd thro..,-'gl Oustering. i b -d with th,� infor-madon mede' to continue revlew I bope this 'he oa: C:OL p -4 ol ir upor U -as-d to j rovide add4t.iom pur lest. lease o QI t his project, b, )Ie not hes.Urzte to ctall il'you havo� any "pieSil --,ns. Very tr 'VO) rsy Chartes 1. orh is, cEp,AICF enc: Part 1/111' LEAF TES;R'A M E R; V Page 3 of 3 VIRON'sMENT T EN. i'IYG CON$UL.TAN, CRAMER, V RH OCIATES ENVIRONMENT G CONSULTANTS January 22, 1992 Mr. Bennett Orlowski Jr. LLL ChairmanSouthold Planning BoardTown Hall, 53095 Main Road 1992 P.O. Box 1179 Southold, New York 11971 c f`� �G BOkARO Re: The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Benny: As per your request,we have completed a preliminary review of the above referenced project in accordance with our correspondence of November 29, 1991. 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. Advise as Necessary The parcel has been inspected and environmental references concerning the site and area have been consulted. The project represents a low intensity use of land, and the use of clustering is effective in retaining open space and protecting identified site environmental resources. The site inspection found the following. The majority of the site is agricultural land, with sections of meadows and mature forest that are predominantly of the oak species. The central portion of the site is the location of a drainage swale and area of steep slopes associated with it. According to our field investigation (as well as input from the Town Trustees) the swale appears to have undergone siltation from the adjacent farm field. Further, it is evident that there are a number of invasive and exotic plant species have become established in the area. The swale area contains some wetland species that are predominantly upland and exotic. The Suffolk County Soils Map has identified this swale as an intermittent unclassified drainage stream. The area of the swale contains slopes that are steep slopes greater than 15% (locally in the range of 25 to 30%). The proposed clustered subdivision is somewhat sensitive to the site environmental resources identified above, but we believe that lot sizes in the southern part of the cluster development can be reduced to lots sizes in the range of 30,000 + square feet. The reduction of lot sizes will allow for the same yield, but will minimize Pagel of 3 54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455 Fields at Mattituck Long EAF Review impacts by reducing building in the steep slopes contained on lots 11 -12. We suggest that the configuration of the subdivision be generally moved northward such that additional open space will remain north of the recharge area. In addition, a greater amount of wooded land and wooded edge habitats would be protected by this open space. The reduction of lot size would also allow for the expansion of the recharge area to include the steep slopes areas. We suggest that natural recharge options be explored to contain road runoff. The area of the drainage swale and redesigned lots 10 - 12 could be incorporated into the open space easement to be partially utilized for this purpose. In our review of the steep slope portions of the site,we found some discrepancy between the slopes and the location of the trail from what is reflected on the plan. It is noted that the topographic information was taken from the Suffolk County Sewage Topographic Map,which are old five (5) foot contour interval countywide maps. Additional information regarding existing grade would be beneficial in reviewing recharge options. We fully support the use of clustering as a means of reducing potential environmental impacts to identified resources. Due to the noted sensitivity of this parcel, we feel that the Board would benefit through the preparation of a Long EAF Part III narrative discussing the existing environmental setting, the potential impacts of the project, and mitigation either presently reflected in the cluster plan, or additional means which could be employed to reduce environmental impacts. The Long EAF Part III would constitute additional information needed by the decision- making agency in support of the Determination of Significance,which the Planning Board is required to issue. The Long EAF Part III narrative could be prepared by a consultant retained by the applicant, in which case the information presented should be reviewed by the Board (and/or consultant) for accuracy. In addition,we suggest that the proposed 40 foot scenic buffer on the northern boundary, be expanded to 60 feet to preserve natural vegetation; as well as be expanded to include the western and southern sides of redesigned lots 9 -12. In consideration of the scope of the Long EAF, the following considerations are provided. Potential impacts are substantially mitigated under the "cluster"plan through the preservation of 25.9 acres of land. We believe that the topographic sensitivity of this parcel as identified above warrants this subdivision concept. Given the sensitivity of the site, the obligation of the Planning Board to take a"hard look" at the implications of a decision, and several issues raised above,we feel that the Board would benefit from the preparation of a LEAF Part III narrative. The following is an outline of issues which should be discussed. In addition, recommendations for preparation of documentation and possible design changes and mitigation are also included: IMPACT ON LAND Construction on slopes of 15% or greater The clustered plan should be redesigned to limit building in the steep slope areas in the central portion of the site lots 10-12. Central recharge area should be strongly considered for a more natural recharge basin concept and incorporated into the open CRAMER, V RH SOCIATES Page 2 of ENVIRONMENT I m �VG CONSULTANTS Fields at Mattituck Long EAF Review space area. Natural recharge concept and feasibility should be determined. IMPACT ON PLANTS AND ANIMALS Site supports raptors, mammals, and herptiles,potential threatened species and species of special concern Habitats and wildlife should be characterized as support for maximum preservation of open space through clustering. Preservation of more wooded area, and wooded edge habitats are considered important issues. IMPACT ON AGRICULTURAL.LAND RESOURCES Proposed action would irreversibly convert more than 10 acres of agricultural land Agricultural suitability of site, land use compatibility of agriculture and availability of alternate agricultural land should be considered. IMPACT ON OPEN SPACE AND RECREATION Potential reduction of open space Site open space resource and character should be identified as support for maximum preservation of open space through clustering. I hope this letter provides the board with the information needed to continue review of this project. We would be pleased to provide additional input upon request. Please do not hesitate to call if you have any questions. Very t yours, 2 Charles J. orhis, CEP,MCP enc: Part I/II LEAF CRAMER, V R SOCIATES Page of ENVIRONMENT �VG CONSULTANTS EAF ENYIRO;IMENTAL ASSESSMENT - PART I Project information • 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 Data Sheet. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. It Is expected that completion of the EAF will be dependent on information currently available and will not involve new studies. research or investigation. If information requiring such additional work is unavai{able, so indicate and specify each instance. NAME OF PROJECT: NAME AND ADDRESS OF OWNER (If Different) 7,Zr .. �.t��, y�/ �!=;,,;4! ,�' le- Inc KIT Realty, . Sc 1 M l op — i ( 3 (Name) 9s -4d? se, rP/r< ADDRESS AND NAME OF APPLICANT: Ttreet 7•i���-ter rSJCYf.�s PETER S. DANOWSKI r JR. , CT (State) (zip) ameAs Agent for KIT Realty, Inc • 9 y BUStN.55 PHONE: 7 -7 � •70 ell treat to e P DESCRIPTION OF PROJECT: (Briefly //describe type of project or action) C15T�P .11zf(y isl cr�h 27 I OTS (PLEASE COMPLETE EACH QUESTIOU - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas) 1. General character of the land: Generally uniform slope Generally uneven and rolling or irregular 2. P ent land use: Urban Industrial Commercial Suburban , Rural _, Forest Agriculture ,7ther V,7^!Y177 3. Total acreage of project area: /-2.—Z/acres. Aoproximate acreage: Presently After Completion. Presently After Completion ZI Meadow or Brushland acres �� acres Hater Surface Area O acres _0 acres Forested 7 acres 4L acres Unvegetated (rock, ��p earth or fill) _D acres —acres • Agricultural � acres 0 acres • Roads, buildings Netland (Freshwater or and other paved Tidal As ner Articles surfaces _v acres acres 7' 24, 25 or F.C.L.) _0 acres (� acres 1 WN`�+D—"Ja t Z�F� 7) P�of (i�rdi rte�Ge� 1� ac1r1es acres 4. 'chat is predominant soil type(s) on nroject site? �7cr�f� / •� • .�� �_�P.VCh}��uCr)�t[l 5. a. cre :here bedrock outcro;oinos on nrn.ipct siie? Yes X, No t.. Yhat is depth to bedrock? N�/`-? — Vn feet) v 9/1/78 JAN 2 4 1992 SOUTHOLD TOWN p),I1NNI BQARD 70 �g 6. Aaproxinate percentage of proposed oroject site with slooes: 0-10. �': 1n-155 :; 15. or greater _ t. /Z 7. Is project contiguous to, or contain a buildinn or site listed on the National Register of Historic Places? Yes _Y,. No B. What is the depth to the water table? feet 9. Do hunting or fishing opportunities presently exist in the project area? Yes _):<-No 10. Does project site contain any species of plant or animal life that is identified as .threatened or endangered - Yes _ .1o, according to - Identify each species Vo.:•Q MID C VA 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other geological formations Yes __�r_No. (Describe _ ) 12. Is the project site presently used by the community or neighborhood as an open-space or recreation area - Yes _ _No. 13. Does the present site offer or include scenic views or vistas known to be important to the community? Yes )<_No 14. Streams within or contiguous to project area: No N E a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, 1?etland areas within or contiguous to project area: VO /E a. [lame b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.gg single family residential, R-2) and the scale of development' (e.g. 2 story).5.r /i7 A—C D/s7-2/C/ ktin.+. C. l /w„ -- " /} A G (o Le t:Rr/qTi or ) for y B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor acres. b. Project acreage developed a ores initially; �Y-P acres ultimately. c. Project acreage to remain undeveloped iLo&a, d. Length of project, in miles: N 11a (if appropriate) i e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age _;.developed acreage f. Number of off-strut parking spaces existing �_; proposed _ c� 2 g. Maximum vehicular trips generated per hour �ii` (upon completion of project) h. If residential: Number and type of housing units: One- Family Two Family Multiple Family Condominium InitialZ� Ultimate �P I. If: ViiA Orientation. :!aighborhood-City-Regional Estimated Employment Commercial Industrial J. Total height of tallest proposed structure 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site - o tons 1: cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site -jKacres. Z 81• 77 4. Will any mature forest (over 100 years old) or other-locally-important vegetation be removed by this project? Yes _% 5. Are there any plans for re-vegetation to replace that removed during construction? Yes No 6. If single phase project: Anticipated period of construction bn months, (including demolition). 7. If multi-phased project: a. Total number of phases anticipated No. N /A b. Anticipated date of commencement phase 1 month year (including demolition) C. Approximate completion date final phase month _year. d. Is phase 1 financially dependent on subsequent phases? Yes No 8. Will blasting occur during construction? Yes _ >r No 9. Number of jobs generated: during construction 51) ; after project is complete �. 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Yes V, No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? `� Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) _ f�nAJirrr1 r/ C,t:.Wni.,t, c. If surface disposal name of stream into which effluent will be discharged 14/P,- 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes V No. 14. Is project or any portion of project located in the 100 year flood plain? Yes V'No 15. a. Does project involve disposal of solid waste? �Yes No b. • If yes, will an existing solid waste disoosal facility be used? ✓Yes No c. If yes, give name: location Gli'(,!igt)G0 E d. dill any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ✓No . 16. Will project use herbicides or pesticides? Yes _X"_No 11. Will project routinely produce odors (more than one hour per day)? Yes _C No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes _% No 19. Will project result in an Increase in energy use? _ ,Yes No. If yes, indicate type(s) 20. If water supply is from wells indicate purmoing capacity. gals/minute. OD r SOME— Or 21. Total anticipated water usage per day 1 4 06 gals/day. .3 or' WprTt)rL A�_r 1-"' S 'Ttr fk, 22. Zoning: a. What is dominant zoning classification of site? b. Current specific zoning classification of site ��'._ c. Is orbposed use consistent with present zoning? m e- d. If no, indicate desired zoning _-_- 26. Approvals: a. Is any Federal permit required? Yes No b. Does project involve State or Federal funding or financing? _ Yes _k ►lo c. Local and Regional approvals: Ap roval Required Submittal Approval (Yes, No� (Type) (Date) (Date) City, Town, Village Board City, Town, Village Planning Board . City, Town, Zoning Board ._. _ City, County Health Department Other local agencies Other regional agencies State Agencies r ' Federal Agencies C. 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 the proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid them. PREPARER'S SIGNATURE: TITLE: !..i�A- eo •1 is REPRESENTING: KIT Realty, Inc . DATE: �i �`' r -4_ EAF ENVIRONMENTAL ASSESSMENT - PART lI Project Impacts and Their Magnitude General information (Read Carefully) - In completing the form'the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an effect in 2 simply asks that it be looked at further. - The 'Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshol, 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 more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples 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. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion then check the appropriate box (column l 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 the size of the impact then consider the impact as potentially.large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. 1 2. -3. SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON LAND NO YES �. WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANCE TO O PROJECT SITE? Examples that Would Apply to Column 2 _ Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of lengtii). or where the general slopes in the project area exceed 10%. Construction on Land where the depth to the water table is less than 3 feet. ---_ construction of naved oarkinq area for 1.^Il or mnre vehicles. Cens.truction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 Year or involve more than one Phase or stage. EAca:a!ion for mining purposes that would remoye more than 1 ,000 . .ns of satural naterial (i.e. rock or soil) per year. Construction of any new sanitary landfill. 5- r : t"ALL i0 PDTE.'1TIAL CAN I'i ACT BE �MERATE LARGE REDUCED BY iMPACT 1HPACT P00JECT CHAP1rE Construction in a designated floodway. Other impacts: YES 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LA.NO FnRMS�O FOUND ON THE SITE? (i.e. cliffs, dunes. geological forma- tions, etc.) Specific land forms: IMPACT ON WATER Mn YES 3. WILL PROJECT AFFECT ANY WATER. BODY DESIGNATED AS ..........� O PROTECTED? (Under Articles 15. 24. 25 of the Envir- onmental Conservation Law, E.C.L.) Examples that Would Apply to Column 2 Dredgina more .than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WiLL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NFW NO YES BODYOF IIATER? .............................................n O Examples that Would Apply to Column 2 _ A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds in acres of surface area. Other impacts: cif YES S. 4ILL PROJECT AFFECT SURFACE OR GROUNDWATER 1111ALITY? ,r-x Examples that.Would Apply to Column 2 (?GYY1 Project will require a discharge permit. Project requires use of a source of water that does not have approval to serve' proposed project. Project requires water supply from wells with greater than 45 gallons per minute humping capacity. Construction or operation causing any contamination of a public water supply system. _ Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. - Project requiring a facility that would use water in excess of 20,000 gallons per day. Project will likely cause siltation or other discharge into an existing .zdy of water to the extent that there will be an obvious visual contrast to natural conditions. • 1. 2. 3. r%ALL TO POTENTIAL CAN IMPACT BE tnDERATE LARGE REDUCED GY ;;aPtC' I"PACT PROJECT CHANGE Ether Imoacts: 6. :SILL PROJECT ALTER DRAINAGF41.011. PATTERNS OR SURFACE HATER NO YES RUNOFF? ...................................................O Example that 'iould Anply to Colurn 2 9 Project would inmede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACTY AiR il0 YES 7. WILL PROJECT AFFECT AIR QUALITY?...........................� Examples that Would Apply to Column-2 Project will induce 1,!100 or rare vehicle trips in any given hour. -Project will result in the incineration of more than 1 ton of refuse per hour. Project emission rate of all contaminants will exceed 5 lbs, per hour or a heat source oroducing more than 10 million BTU's per hour. Other Imoacts: L"ACT ON PLANTS AND ANifALS YO YES 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? jZ O Examples that Would Apply to Column 2 Reduction of one or more species listed on the flew York or Federal list, using the.site, over or near site or found on the site. Removal of any portion of a critical or significant wild- - i i fe h44i ur- Apolicatinn of Pesticide or herbicide over more than tk,ica a yearother ttmn foroyrieritural purposes. Ottier impacts: 9. WILL PROJECT SUBSTANTIALLY AFFECT NON-THREATENED OR NO YES ENDANGERED SPECIES? ........................................0 Examole that Would Apply to Column 2 / Project would substantially interfere with any resident or migratory fish or wildlife species. ' Project requires the removal of more than III acres of mature forest (over 100 years in age) or other locally important vegetation. -7- Je • 1 z 3 . SMALL TO POTENTIAL CAN IMPACT CE MODERATE LARGE REDUCED BY IMPACT IVACT PROJECT CHANGE IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGYSUPPLY? ...........................................w Examples that Would Apply to Column 2 l$W Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Other impacts: IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS. NOISE, GLARE. VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....�O Examples that Mould Apoly to Column 2 Blasting within 1,500 feet of a hospital. 'school or other sensitive facility. Odors will occur routinely (more than one hour per day). Project will oroduce operating noise exceedinn the local ambient noise levels for noise outside of structures. _ Project will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON HEALTH 6 HAZARDS I YFS 16, MILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? ........... Examples that Would Apply to Column 2 •• O _ Project will cause a risk of exrjlosion or release of hazardous. substances (i.e. oil, pesticides, chemicals. radiation. etc.) in the event of accident or upset conditions, or there will be a chronic low level discharge or emission. _ Project that will result in the burial of "hazardous wastes" (i.e. toxic, poisonous, highly reactive, radioactive. irritating, infectious, etc. , includinq wastes that are solid, semi-solid. liquid or contain gases.) Storaae facilities for one million or more gallons of liouified natural gas or other liouids. Other impacts: _ PLANNING BOARD MEMBERS Zxxt SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman l >�,k,t,r ' 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 January 14, 1992 Peter S. Danowski 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Major Subdivision of The Fields at Mattituck SCTM#1000-113-2-1. 1 Dear Mr. Danowski: The following resolution was adopted by the Southold Town Planning Board at a meeting held on' Monday, January 13 , 1992. Be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status on this unlisted action. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. MS Chairman cc: Southold Town Board Suffolk County Dept. of Health Services NYSDEC - Stony Brook NYSDEC - Albany Cramer, Voorhis & Assoc. , Inc. COUNTY OF SUFFOL.K Q� Rcbert J: Gaffney SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER January 3, 1992 Melissa Spiro, Planner R �p Town of Southold,Planning Board Office Southold Town Hall 53095 Main Street-P.O. Box 11971 Southold,New York 11971 zolt� soil oLQ��d•�NF.B RE: The Fields at Mattituck FLAN�l SCTM#: 1000-113-2-1.1 SCDHS Ref.#: Fields at Mattituck-Sub(87-844) Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS)has received your letter of November 29, 1991,regarding the above-referenced application and has%no robjection to the Southold Town Planning Board's designation as lead agency. Based on the information reviewed,we believe that at a minimum, an Environmental Assessment.Form(EAF),Part III should be prepared to provide additional information about the potential impacts associated with the desired action. In addition,we submit the following comments for your consideration. I. Suffolk County Sanitary Code (SCSC) A.Article 6 Application Status: The SCDHS received an application for realty subdivision of the subject parcel in October of 1987, as required by Article 6 of the SCSC.The application submitted was for the residential subdivision of the site into 25 single family lots. Based on technical review, staff from our agency's Bureau of Wastewater Management determined that the application was incomplete pending additional information. In a "Notice of Incomplete Application" (dated 11/29/87) the SCDHS notified the project sponsor of additional information required prior_to further review of the pending application. COUNTY CENTER RIVERHEAD, N.Y. 1 1 901-3397 Letter to Melissa Spiro . January 3, 1992 Page 2 The application has remained inactive since 1987, and will not be further reviewed until requested information has been provided to the Department. B.Project Proposal Differs SCDHS Application: The proposal on file in our agency differs from that which was recently coordinated.The applicant,therefore, should provide an updated development plan to the Bureau of Wastewater Management so that a technical assessment of the most current proposal can be made. No further action will be taken the SCDHS until the current map under review by the Town is submitted as a revised application to the Bureau of Wastewater Management. C.Water Quality Concerns: Please be advised that test well data obtained in 1987 from the vicinity of the proposed action, indicate nitrate levels which exceed New York State drinking water standards. Based on this information,our agency will require additional test well data from the applicant when review of this proposal is resumed. In the event that potable water cannot be derived from private wells, the-applicant will likely be required to connect to public water as a condition of any approval by our agency. D.Sanitary Code Provides for Clustered Subdivisions: Article 6 of the SCSC provides for the clustered development of realty subdivisions,in which one or more relatively undersized parcels is designed in such a manner-as to allow a substantial unimproved portion of the tract to stand open and uninhabited. In the event that undeveloped"open space" is proposed for agriculture,golf, or similar uses which do not comply with the 'open and uninhabited" intent of the clustered development provisions of Article 6, specific density restrictions apply. For each project,lot yields shall be determined by comparing nitrogen loading data for the proposed combination of Iand uses to a conventional single family subdivision with lot sizes that conform to required Article VI density. Additional details of acceptable nitrogen criteria are available to the applicant from the Bureau of Wastewater Management. E. Lot Size Requirements for Clustered Subdivisions with Public Water: In the event that the subject proposal is to be served by public water,please be advised that lot sizes may be reduced below 20,000 sq ft and conform to the water facilities requirements of Article 6 (providing the project conforms to the appropriate equivalent density, and meets all required setbacks, and separation distances for the installation of subsurface sewage disposal and water supply facilities). Letter to Melissa Spiro January 3, 1992 Page 3 Lot size reductions can often provide valuable mitigation for potential natural resources impacts associated with large-lot development. F. SCDHS Compliance Requirements and Jurisdiction: The applicant must comply with the requirements of the SCSC and all relevant construction standards for water supply and sewage disposal systems. Design and flow specifications, subsurface soil conditions,test well data, and complete site plan details are essential to complete review of this project. These considerations are reviewed fully at the time of SCDHS application review. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant,therefore, should not undertake the construction of either system without Health Department approval. H. NATURAL RESOURCES A.Alternative Cluster Configgration• We encourage the Town to consider the enclosed cluster plan which we believe can offer significantly increased natural resources protection without unreasonable modification to the proposed action. This development alternative provides for the protection of nearly 5 1/2 additional acres of non- agricultural open space,which when joined with the adjacent"drainage area' will create an undeveloped open space area of approximately 11 acres. We believe the long tern value of this additional open space is underscored by existing natural resources research in the area of wildlife habitat. According to the National Institute for Urban Wildlife,one such study(Galli et al. 1976) examined bird use of forested habitat patches surrounded by open fields in central New Jersey. Habitat islands were studied in sizes ranging from .01 to 24 hectares (1 hectare =2.5 acres). Research findings indicated that bird species richness (measured in number of species present) increased significantly through an island size of 24 hectares.In addition,habitat island size accounted for 85% of the variation in total species richness. Additional wildlife studies (Robbins 1979;Whitcomb et al. 1981; Levinson 1981;)have clearly demonstrated the direct relationship between habitat "island" size and species diversity. We feel strongly that such findings must play an important role in the environmental planning process and in the development of alternative project designs which are intended to minimize potential impacts to the greatest extent practicable. In addition,we believe an alternative configuration would maximize the separation distance between agricultural activities and residential dwellings, and reduce the potential for development-induced erosion lot 12 where slopes appear to exceed 10%. Letter to Melissa Spiro January 3, 1992 Page 4 B.Indigenous Vegetation: Indigenous vegetation should be used wherever possible in the landscaping of this project. Such vegetation is well suited to the on-site soils and can provide valuable mitigation in reclaiming disturbed portions of the site. C.Dedicated Buffers and Open Space: The future status of all dedicated open space should be clearly defined. As presented,long-term use of the proposed "Agricultural/Open Space Easement" is difficult to determine from the information provided. Additional information should be requested which describes the intended use of this area, and which clearly identifies dedicated open space and agricultural reserve areas. In areas proposed for open space dedication,our agency strongly encourages that protected open space be retained in its natural state, and that no construction,excavation or filling shall be permitted in these areas. Open space cevermants and restrictions should state clearly that such areas are intended for passive (non-motorized)recreational use and that they may not be subsequently converted to active recreational or community use (ball fields,parking,tennis courts etc.) in the future. D. General Erosion Control Measures: Leaching pools installed along the project's proposed roadway are:llikelyto fill rapidly with unconsolidated sediments during construction phases of the project providing limited long-term, stormwater control benefits. We request that the Town require a clean-out of these facilities during and after the majority of the site's development. Furthermore,we encourage the periodic maintenance of all such facilities on the project site. In order to minimize off-site erosion and siltation,we recommend the stabilization of all construction access points with a 50 foot long crushed stone bed(minimum depth of 6 inches), underlain with a commercial filter cloth. E.Low Impact Recharge Areas and On-Site Soils Protection: In an effort to reduce potential impacts to indigenous vegetation,wildlife habitat, and on-site soils, we encourage consideration of recharge areas which require minimal excavation and structural modification. The proposed drainage area design appears generally consistent with this recommendation. We would,however,recommend that complete drainage needs and design details be provided for detailed assessment. Also, we encourage careful monitoring of any project which requires the creation of large recharge areas,which we believe,have the potential to become unregulated "borrow pits" or "sand mines" during development phases of the project. Ac 1 , Letter to Melissa Spiro January 3, 1992 Page 5 F. Clearing and Managed Turf Restrictions: In addition to the above recommendations,we strongly support the imposition of clearing and managed turf restrictions on individual lots which can provide for greater protection of native vegetation and wildlife habitat, and reduce the potential for areas of fertilizer-dependant turf. III.SUMMARY: Based on the material reviewed,we believe that additional information pertaining to local groundwater water quality,dedicated open space and agricultural preserve areas, cluster alternatives, and general design considerations should be provided prior to the Board's determination of significance. We believe that an EAF Part III could, if well prepared, provide for the necessary examination of the above mentioned issues.We do not object,however,to a decision which would require the preparation of a Draft Environmental Impact Statement(DEIS)which would provide for the most detailed and thorough assessment of the proposed action. Thank you for the opportunity to review this application.If you have any questions please feel free to contact the Office of Ecology at 852-2085. Sincerely, -ram° Robert S. DeLuca Sr. Environmental Analyst Office of Ecology Enclosure cc: Vito Minei, P.E. Louise Harrison Stephen Costa, P.E. Frank Dowling,SC Planning ,� New York State Department of Environmental Conservation Abdo B©mil 01qq c e ������/ o NO 6-o w�olblf N V• 11971 Re: LEAD AGENCY COORDINATION RESPONSE I-A e T?e_k✓s 0-jL lwazt h d< Dears ���✓D /Ov 0 —//3 This letter responds to your communication of regarding lead agency coordination for the above-noted project, under Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The Department has the following interest in this project: DEC Permits (if any) : Alone DEC Contact Person: lyf)lq SEQR Classification: [ ] Type I [ ] Unlisted IV119 DEC Position: Based on the information provided: DEC has no objection to your agency assuming lead agency status for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] DEC needs additional information in order to respond (see comments) . . j DEC cannot be lead agency because it has no jurisdiction i,lt this action, r � Comments: [ ] see attached [ ] none If you do not concur with the DEC position indicated above, please contact this office to resolve designation of lead agency within the time allowable under Part 617. Please feel free to contact this office for further information or discussion. Sincerely, ��� 0 U-�-- Q S' �.! DEC - 9 1991 B11, .1 cc: (attach distribution list) SOUTHOLD TOWN PLANNING BOARD „w . µt , ... ►tL PLANNING BOARD MEMBERS ; �°� :�y :., � �{ SCOTT L. HARRIS Supervisor Bennett Orlowski, Jr., Chairman ® .��c ��i Su P 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 November 2.9, 1991 Cramer, Voorhis & Associates, Inc. Environmental and Planning consultants 54 N. Country Road Miller Place, New York 11764 RE: Review of EAF The Fields at Mattituck SCTM# 1000-113-2-1 .1 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. The Planning Board has received the $400.00 review fee from the applicant. The purchase order will be sent to you under separate cover. If there are any questions, please contact Planning Staff. Very truly yours, / Bennett Orlowski, Jr. f Chairman encls. APPEND IX''A Ar; EAF ENVIRONMENTAL ASSESSMENT - PART I Project Information ,;;` 'r • NOTICE: This document is desioned to assist in determining whether the action proposed may have a significant effect on tht environment. Please complete the entire Data Sheet. Answers to these questions will be considered as part of the application for approval and may be subject to' further verification and public review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. It is expected Mat comoletion of the EAF will be dependent on information currently available and will not involve new studies. research or investigation. If information requiring such additional work is unavaik ble, so indicate and specify each instance. NAME OF PROJECT: NAME AND ADDRESS OF OWNER (If nifferent) % �• ,•'�:%/_= J71 ,� :.,: -'•,� l� KIT Realty, Inc. jf ame-- ---� 9� —4.1 CnG�Sr ie"�i1 �^/t-. ADDRESS AND NAME OF APPLICANT: Trtreet N V. PETER S. DANOWSKI , JR. , State (zip) (Name)As Agent for KIT Realty, Inc. ' BUSINESS PHONE: 7,=� %� - ••� : ^!, tree t (State) p DESCRIPTI04 OF PROJECT: (Briefly describe type of project or/action)) ���r/r�•/ BSc/b v�. O/3 / .:7o�G�dreC o?� �n�.r ��� rr t""�. �21 ,(PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas) 1. General character of the land: Generally uniform slope Generally uneven and rolling or irregular 2. Present land use: Urban Industrial Commercial Suburban Rural Forest Agriculture ther 3. Total acreage of project area: , :L acres. Aoproximate acreage: Presently After Completion Presently After Completion Meadow or Brushland acres /q acres 1-later Surface Area O acres _O acres Forested 7 acres I-A acres Unvegetated (rock, earth or fill) D acres v acres • Agricultural �acres 0 acres Roads. buildings Netland (Freshwater or and other paved Tidal As ner Articles surfaces v.acres acres 7' 24, 25 or F.C.L.) —O acres n acres e.�wN`� Other (indicate tyne) 0 acres -:3 y acres 4. 'lhat is predominant soil type(s) on project site? /7cr S. a. ire :here bedrock outcro;oinos on nrnipct site? _ _ Yr.s _X_No t.. What is depth to bedrock?9/1/78 _('n feet) ------� 6. Aaproxir+ate percentage of proposed project site with slooes: 0-10% In-155 15: or greater U s. 7. Is project contiguous to, or contain a buildinn or site listed on the National Register of Historic Places? Yes No 8. What is the depth to the water table? ")'O feet 9. Do hunting or fishing opportunities presently exist in the project area? Yes No 10. Does project site contain any species of plant or animal life that is identified as threatened or endangered - Yes according to - Identify each species G, G, 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other geological formations - Yes :.�No. (Describe _ ) 12. Is the project site presently used by the community or neighborhood as an open space or recreation area - Yes _�KNo. 13. Does the present site offer or include scenic views or vistas known to be important to the community? Yes �_No 14. Streams within or contiguous to project area: fJpNli a. Name of stream and name of river to which it is tributary 15. Lakes. Ponds. Wetland areas within or contiguous to project area: klaN F� a. Name b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and the scale of development• (e.g. 2 story). e �q ptin,. r.. . f " f} lip /1G rrrrp7i0r ) �tor�! B. PROJECT DESCRIPTION' I 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor �, acres. b. Project acreage developed: acres initially; acres ultimately. e. Project acreage to remain undeveloped I.7 d. Length of project. in miles: J J IP— (if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ;.developed acreage V 1 14- f. Number of off-strut parking spaces existing �_; proposed S g. Maximum vehicular trips.generated per hour 'i; (upon completion of project) h. If residential: Number and type of housing units: • One- Family Two Family Multiple Family Condominium Initial . Ultimate . i. If; YJ'd Orientation :!efghborhood-City-Regional Estimated Employment Commercial Industrial J. Total height of tallest proposed structure .r 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site - tons !- cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site acres. 4. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes _�No S. Are there any plans for re-vegetation to replace that removed during construction? ✓ Yes No 6. If single phase project: Anticipated period of construction bn months, (including demolition). 7. If multi-phased project: a. Total number of phases anticipated No. N lA b. Anticipated date of commencement. phase 1 month year (including demolition) c. Approximate completion date final phase month __year. d. Is phase 1 financially dependent on subsequent phases? Yes No B. Will blasting occur during construction? Yes �f No 9. Numl;er of jobs generated: during construction 59 ; after project is complete f2,. 10. Number of jobs eliminated by this project �. 11. Will project require relocation of any projects or facilities? Yes _K_No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? `� Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) f-�^ti rr^r+.r.I <,t:.Wni,t.. c. If surface disposal name of stream into which effluent will be discharged � - 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased.by proposal? Yes l' No. 14. Is project or any portion of project located in the 100 year flood plain? Yes ✓No 15. a. Does project involve disposal of solid waste? �/Yes No b. • If yes, will an existing solid waste disoosal. facility be used? ✓Yes _ tto c. If yes, give name: 501!rlh)(-n -1'yi'J location (I-re, 1406,0 E d, Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ✓No 16. Will project use herbicides or pesticides? Yes �No 17. Will project routinely produce odors (more than one hour per day)? . Yes 154 No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes N_No 19. 41ll project result in an increase in energy use? _Yes No. If yes, indicate type(s) 20. If water supply is from wells indicate purooing capacity gals/minute. tJ o r 5 u 2 t, c�- 21. Total anticipated water gals/day. usage per day �� /?(► .l(:G&- 0r- WPrr�- A-'r T"' S T114r✓ D ___ 22. Zoning: a. What is dominant zoning classification of site? b. Current snecific zoning classification of site �.G • c. Is proposed use consisteru with Present zoning? G^ d. If no, indicate desired zoning 26. Approvals: a. Is any Federal permit required? Yes No b. Does project involve State or Federal funding or financing? _ Yes _�C no C. Local and Regional approvals: Ap roval Required Submittal Approval (Yes. No� (Type) (Date) (Date) City. Town. Village Board _ City. Town, Village Planning Board , _ < Lv1;s_cr� City. Town. Zoning Board ._, —7'T City. County Health Department �/ Other local agencies 47 Other regional agencies State Agencies ' Federal Agencies C. INFORtiATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid them. PREPARER'S SIGNATURE: ��'�✓•�� '^i. it�^ TITLE: REPRESENTING: KIT Realty, Inc . DATE: -4- , EAF ENVIRONMENTAL ASSESSMENT - PART II : - Project Impacts and Their Magnitude General Information (Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an etectinolumn 2 simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshol of magnitu� 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 more appropriate for a Potential Large Impact rating. - Each project. on each site, in each locality, will vary. Therefore, the examples 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. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion 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 the size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. 1 2, 3. SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON LAND NO YES WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO O O PROJECT SITE? Examples that Would Apply to Column 2 _ Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of lengtu). or where the general slopes in the project area exceed 10%. Construction on Land where the depth to the water table is less than 3 feet. construction of naved oarkinq area for 1.^?1 or more vehicles. Construction on land where bedrock is exposed or generally - • within 3 feet of existing ground surface. Construction that will continue for more than 1 vear or involve more than one phase or stage. _ F.cca•:a!ion for mining purposes that would remove more than 1,000 tons cf ratur31 naterial (i.e. rock or soil) per year. Construction of any new sanitary landfill. • -S- S"ALL TO POTENTIAL CAN 11PACT BE ;41DERATE LARGE REDUCED BY IMPACT IMPACT P00JECT CHAPtr,'E Construction in a designated floodway. Other impacts:. 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LA.NO FnRMS YES O ES FOUND ON THE SITE? (i.e. cliffs. dunes, geological forma- tions. etc.) Specific land forms: IMPACT ON WATER Nn YES 3. WILL PROJECT AFFECT ANY WATEP. BODY DESIGNATED AS ..........0 0 PROTECTED? (Under Articles 15. 24. 25 of the Envir- onmental Conservation Law, E.C.L.) Examples that Would Apply to Column 2 Dredgina more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WiLL PROJECT AFFECT ANY NON-PROTECTED EXISTING, OR NF.H NO YES BODYOF HATER? .............................................0 0 Examples that Would Apply to Column 2 _ A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: �b YES 5. 4ILL PROJECT AFFECT SURFACE OR GROUNDWATER nIIALITY? O Examples that Hould Apply to Column 2 Project will require a discharge permit. Project requires use of a source of water that does not have approval to serve proposed project. Project requires water supply from wells with greater than 45 gallons per minute humping capacity. Construction or operation causing any contamination Of a public water supply system. . Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day. Project will likely cause siltation or other discharge into an existing h--dy of water to the extent that there will be an obviousvisual contrast to natural conditions. 1 PU1LL TO PnTENT1AL CAN IMPACT BE +00ERATE LARGE REDUCED CY :NPIC7 ["PACT PROJECT CHANGE Other Imoacts- 6. YILL PR:IJECT ALTER DRAINAGE•FLO". PATTEP.'IS OR SURFACE MTER NO YES RUNOFF? ....................................................OO Examnle that 'could Anply to Colucn 2 Project would impede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: InAC� T nNATTR NO YFS 7. WILL PROJECT AFFECT AIR QUALITY?...........................0 0 Examples that Would Apply to Column 2 Project will induce 1.000 or more vehicle trips in any given hour. _ -Project will result in the incineration of more than 1 ton of refuse per hour. Project emission rate of all contaminants will exceed 5 lbs. Der hour or a heat source nroducing more than 10 mil.lion BTU's per hour. Other impacts' IMPACT ON PLANTS AM ANTrALg 40 YES 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? 0 Examples that Would Apply to Coluan 2 _ Reduction of one or more species listed on the flew York or Federal list, using the .site. over or near site or found on the site. Removal of any Dortion of a critical or significant wild- - l i fe h4bi Wt. Apolicatinn of Pesticide or herbicide over more than tb,ic2 a year other ttun for eyricrjtural purposes. Oner impacts: 9. WILL PROJECT SUBSTANTIALLY AFFECT HON-THREATENED OR NO YES ENDANGERED SPECIES? .......................................0 0 Examnle that Would Apply to Column 2 _ Project would substantially interfere with any resident or migratory fish or wildlife species. ' Project requires the removal of pore than In acres of mature forest (over Ion years in age) or other locally important vegetation.. -7- i' SMALL TO POTENTIAL CAH IMPACT CE MODERATE LARGE REDUCED BY IMPACT I11PACT PROJECT CHANGE IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGYSUPPLY? ...........................................0 O Examples that Would Apply to Column 2 Project causing greater than 5% increase In any form of energy used in municipality, — Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Other impacts: IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS. NOISE, GLARE, VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....0 O Examples that Would Apply to Column 2 Blasting within 1.500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). — Project will produce operating noise exceeding the local ambient .noise levels for noise outside of structures. • _ Project will remove natural barriers that would act as a noise screen. Other impacts: ti IMPACT ON HEALTH 6 HAZARDS NO YES16. WILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? .............0 O Examples that.14ould Apply to Column 2 _ Project will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation. etc.) in the event of accident or upset conditions, or there will be a chronic low level discharge or emission. _ Project that will result in the burial of "hazardous wastes" (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.. includinv wastes that are solid, semi-solid. liquid or contain gases.) Storaoe facilities for one million or more gallons of liquified natural gas or other liouids. _ Other imoacts: 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 y P.O. Box 1179 Kenneth L. Edwards Southold, New York 1197.1 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 1, 1991 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. BOX 779 Riverhead, NY 11901 RE: Major Subdivision of The Fields at Mattituck Bergen Avenue, Mattituck SCTM# 1000-113-2-1. 1 Dear Mr. Danowski: The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1991. Be it RESOLVED that the Southold Town Planning Board start the- lead agency coordination process on ,this unlisted action upon receipt of maps revised in accordance with conditions 1,2 & 3 of the conditional sketch approval. Be it RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated April 26, 1991 with the following conditions: 1. Proposed Lot Number 4 and proposed Lot Number 5 are to be combined and shown as 1 lot. 2. Proposed Lots 1, 2 and 3 are to be re-divided as 2 lots. 3. A building envelope is to be indicated for the area currently shown as "Open Space Area. " All building setbacks must be indicated for the building envelope. Page 2 The Fields at Mattituck 4. A Homeowner' s Association will be required for the road and drainage area prior to any final approval by the Planning Board. 5. Covenants and Restrictions, as determined by the Planning Board, and a Soil Conservation Management Program, as determined by the Suffolk County Soil Conservation Service will be required for the "large lot" prior to any final approval by the Planning Board. Sketch plan approval is conditional upon submission of preliminary 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 preliminary submission must include road profiles and drainage plans. These maps will be forwarded by the Planning' Board to the Engineer for review. The Planning Board has received a cost estimate of $400. 00 from their Environmental Consultant for review of Long Environmental Forms. This sum must be paid in full before we can authorize our consultant to proceed with the review. Upon receipt of the above mentioned review fee, and maps revised in accordance with conditions numbered 1, 2. and 3 of the conditional sketch approval, the Planning Board will start the Lead Agency coordination process. Please do not hesitate to contact .this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman evt t _ s TRUSTEES car, s=: �E SCOTT L. HARRIS John M. Bredeme er, III, President u , Supervisor Henry P. Smith, Vice President `` j►� " ,`�� Albert J. Krupski, Jr. '�, Town Hall, 53095 Main Road P.O. Box 1179 John L. Bednoski, Jr. Southold, New York 11971 John B. Tuthill BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Planning Board FROM: Board of Trustees RE: The Fields at Mattituck, SCTM #1000-113-2-1. 1 DATE: August 29, 1990 The following action was taken by the Southold Town Board of Trustees on Thursday, August 23, 1990: RESOLVED that the Southold Town Board of Trustees accepts the environmental report on the above-referenced project of Bruce 'J= Anderson dated July 31, 1990. If you have any questions, please do not hesitate to contact this office. JMB:jmt cc: Bruce Anderson File _ .1 Y; rE To: John Bredemeyer , President Southold Board of Trustees tl From: Bruce Anderson --- i Environmental Consultant TOWN OF SOUTHOLO Date: July 31 , 1990 Re: Planning Board Referral - The Fields _at_Mat_tituck SCTM# 1000-113-2-1 . 1 Please be advised that my preliminary inspection of the above referenced parcel did not reveal the presence of freshwater wetlands . -Most of the subject parcel is currently being farmed with the exception of the northern portion of the property which is an abandoned field and a fragmented woodland area which skirts the eastern property boundary . The central portion of the property contains a large drainage swale which appears to have undergone considerable siltation from the adjacent farm field. Within the drainage swale a substantial number of exotic and invasive species have become established. At present the work road which travels through this area is overgrown with a large stand of poligonus shrubs (possibly japanese knotwood) . While this area contains some wetland vegetation the predominant covertype is described as upland and exotic. Of the two plans submitted (the "standard" and "cluster") it would appear that the cluster map offers several advantages over the standard . These include: j preservation of farmland and dedication of open space in the o/ swale area. Preservation of the swale eliminates the problems of building on steep slopes , as well as increasing overland runoff to the Rosewood Drive development . Finally , the design of the road should be particularly scrutinized so as to prevent flooding of properties now or formally owned by Daniel V. and Maria T. Brisotti as well as in the existing development at Rosewood Drive . C-'zr��; PLANNING BOARD MEMBERS i 3 Fn SCOTT L. HARRIS L59 i y. Bennett Orlowski, Jr., Chairman ��n �'"'`a"`.�. 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 1 vc�V e'rn 2 o��j 19 9 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: --n� � Requested Action: s, 1, SiJb�,v;srv;� X7 l r i- > o (,(C 2'S SEQRA Classification: ( ) Type I ( 7� ) Unlisted Contact Person: 2n (516) -765-1938 F. 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: ( ) 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, Bennett Orlowski, Jr. A� Chairman 1 cc: BeaEd e f pp , BeaEd--e�g TT-u�e-& BuIldin epa-rt-meat Southold Town Board. V Suffolk County Dept. of Health Services ' NYSDEC - - Stony Brook NYSDEC - Albany S.C. Dept. of--PUbIle We. U.S. Arm Co f E-ng nee-r-s- t i �n * Maps are enclosed for your review Coordinating, agencies APPENDIX A EAF f ENVIRONMENTAL ASSESSMENT - PART I • Protect Information �L -r . 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 Data Sheet. Answers to these questions will be considered as part of the application for approval and may be subject to further veri-firation and public review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. It is expected that completion of the EAF will be dependent on information currently available and will not involve new studies. research or investigation. if information requiring such additional work is unavai{able, so indicate and specify each instange. ;SAME OF PROJECT: NAME AND ADDRESS OF OWNER (If Different) jr,.. f:ti�1./., ::�>� :�'":• r , !� KIT Realty, Inc. . ADDRESS AND NAME OF APPLICANT: TStreet PETER S. DANOWSKI , JR. , �r•.,�'r�r �«s37� State (zip) ame As Agent for KIT Realty, Inc. �a BUS(N:SS PHONE: >� .� - 44 : 00 treet • (State) p DESCRIPTION OF PROJECT* (Briefly/describe type of project or action) l ar3 ��:�ano%r� o?�' �o�� ���tT t"J �'' (PLEASE COMPLETE EACH QUESTInN - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both develoned and undeveloped areas) 1. General character of the land: Generally uniform slope Generally uneven and rollinq or irregular V 2. Present land use: Urban . Industrial . Commercial Suburban Rural Forest . 'Agriculture >e ,^fir _ 1/,7,^ - 3. Total acreage of project area: �.e acres.y Approximate acreage: Presently After Completion Presently After Completion Meadow or Brushland 4/- acres /q acres hater Surface Area O acres _O acres Forested 7 acres 474 acres Unvegetated (rock, earth or fill) D acres v acres , Agricultural �acres � acres — Roads, buildings I•letland (Freshwater or and other paved , Tidal as ner Articles Surfaces _v acres acres 24, 25 or F.C.L.) D acres 0 acres Other (indicate type) y acres acres 4. 4hat is predominant soil type(s) on nroject site? f-�V '9 ;t✓aC �+ �, ,? 5. a. ire :here bedrock outcroioinas on nrn.ipct sit?? _-_Yes X, No C.. What is depth to bedrock?9/1/78 -- —(+n feet) ------ --.—... 6. Approxinate percentage of proposed oroject site with slooes: 0-10% `.: VI-15x :; 15' or greater U %. . 7. Is project contiguous to, or contain a buildinn or site listed on the National Register of Historic Places? Yes _. , _No B. What is the depth to the water table? '0 feet 9. Do hunting or fishing opportunities presently exist in the project area? Yes �_No 10. Does project site contain any species of, plant or animal life that is identified as ,threatened or endangered - Yes NC ;Io, according to - Identify each species ��/ �r��e7 - o 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs. dunes, other geological formations Yes _2C_No. (Describe _ ) 12. Is the project site presently used by the community or neighborhood as an open space or recreation area - Yes _.X_No. 13. Does the present site offer or include scenic views or vistas known to be important to the community? Yes __No 14. Streams within or contiguous to'project area: NpNE a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, Wetland areas within or contiguous to project area: uo /�'7 a. Name b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family. residential, R•2) and the scale of development' (e.g. 2 story). IDS Cr�jnr. r•...! f ( 1 1, A-6, A ror.,e,tr?r,err/DM ) tt0rl B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor acres. b. Project acreage developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped (� d, Length of project, in miles: /!1f_ (if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ;.developed acreage N/f+- f. Number of off-strcrt parking spaces existing �_; proposed _ 5 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 Initial 7� Ultimate 5 i. If: of A Orientation :!eighborhood-City-Regional Estimated Employment Commercial Industrial J. Total height of tallest nroposed structure _` 5 feet. 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site - a tons (' cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - '�!� acres. 4. Will any mature forest (over 1^0 years old) or other locally-important vegetation be removed by this project? Yes ,�_No 5. Are there any plans for re-vegetation to replace that removed during construction? ✓ Yes No 6. If single phase project: Anticipated period of construction b0 months, (including demolition). 7.,.. If multi-phased project: a. Total number of phases anticipated No. N 'A b. Anticipated date of commencement phase 1 month year (including demolition) c. Approximate completion date final phase month d. Is phase 1 financially dependent on subsequent phases? Yes No 8. Will blasting occur during construction? Yes _No 9. Number of jobs generated: during construction !O after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Yes Y_No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? V/ Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) f-�^IJ1rnn•r1 e,t..Wne..t. c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes V No. 14. Is project or any portion of project located in the 100 year flood plain? Yes l.�No 15. a. Does project involve disposal of solid waste? Yes No b. If yes, will an existing solid waste disposal facility be used? ✓Yes _ NO c. If yes, give name: 500'1hlI A -1 -MkJ ; location 6 u-6-1g1760 t d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ✓No 16. Will project use herbicides or pesticides? Yes --)—,/—No 17. Will project routinely produce odors (more than one hour-per day)? Yes C No 1B. Will project produce operating noise exceeding the local ambience noise levels? Yes Y_No 19. Will project result in an increase in energy use? Yes No. If yes, indicate type(s) 20. If water supply is from wells indicate pumping`capacity gals/minute. t10-r S U 2E O r er day _r n -�; J( t& O ' 21. Total'-anticipated water'usagep 22. Zoning: a. What is dominant zoning classification of site? b. Current snecific zoning classification of site c. Is or000sed use consistenS with Present zoning? d. If no, indicate desired zoning 26. Approvals: a. Is any Federal permit required? Yes No b. Does project involve State or Federal funding or financing? _ Yes _X No c. Local and Regional approvals: Ap roval Required Submittal Approval (Yes, No� (Type) (Date) (Date) City. Town, Village Board City. Town, Village Planning Board City. Town, Zoning Board �714_ City, County Health Department Sewb,4, Other local agencies Other regional agencies # State Agencies 1'4 Federal Agencies /✓ C. 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 the proposal, please discuss such impacts and the measures which can be taken to mitigate or avoid them. PREPARER'S SIGNATURE: '�'�✓!� + �' F'��: Glt,' TITLE: REPRESENTING: KIT Realty, Inc . DATE: -4- ' , EAF ENVIRONMENTAL ASSESSMENT - PART II : Project Impacts and Their Magnitude General Info ration (Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also necessarily s�ignniific�ant�. Any large effect must be evaluated in PART 3 to determine significance. By identifying an f t e ecin column 2 simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshold wgni of mfu7e 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 more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples 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. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion 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 the size of the impact then consider the impact as potentially large and Proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. 1 2, 3. SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON LAND NO YES WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO O O PROJECT SITE? Examples that Would Apply to Column 2 _ 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 10%. Construction on Land where the depth to the water table is less than 3 feet. construction of paved oarkinq area fnr 1,1111 or more vehicles. Construction on land where bedrock is exposed or generally. within 3 feet of existing ground surface. Construction that will continue for more than 1 vear or involve more than one rase or stage. E,ccavation .for mining purposes that would remoye more than 1 ,000 :ans c•f natural naterial (i.e. rock or soil) per year. Construction of any new sanitary landfill. l 5"ALL TO POTENTIAL CAN PI?ACT BE 41DERATE LARGE REDUCED BY IMPACT iHPACT PROJECT CHmmr,E Construction in a designated floodway. Other impacts: 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND FnRHS YESOO FOUND ON THE SITE? (i.e. Cliffs, dunes. geological forma- tions. etc.) Specific land forms: IMPACT ON WATER Nn YES 3. WILL PROJECT AFFECT ANY WATEP. BODY DESIGNATED AS ..........0 0 PROTECTED? (Under Articles 15, 24. 25 of the Envir- onmental Conservation Law, E.C.L.) Examples that Would Apply to Column 2 Dredging more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING, OR NEW NO YES BODYOF HATER? .............................................00 . Examples that Would Apply to Column 2 A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. Other impacts: off YES 5. yILL PROJECT AFFECT SURFACE OR GROUNDWATER nIIALITY? O Examples that Would Apply to Column 2 Project will require a discharge permit. Project requires use of a source of water that does not have approval to serve proposed project. Project requires water supply from wells with greater than 45 gallons per minute ,pumping capacity. _ Construction or operation causing any contamination of a public water supply system. _ Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have Inadequate capacity. Project requiring a facility that would use water in excess of 2n,000 gallons per day. _ Project will likely cause siltation or other discharge into an existing t dy of water to the extent that there will be an obvious visual contrast to natural conditions. -a_ MALL TO POTENTIAL CAN IMPACT BE rODERATE LARGE REDUCED DY :;4PIC7 1"PACT PROJECT CHANGE Other Imoacts- 6. :4ILL PROJECT ALTER DR4INAGE41.011, PATTERM OR SURFACE HATER NO YES RUNOFF? ................................................. Examnle that 'iould Anply to Colurn 2 •.O O Project would impede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACT TAN A1�R NO TES. 7. WILL PROJECT AFFECT AIR QUALITY?.......................... 0 Examples that Would Apply to Column 2 Project will induce 1,IYM or more vehicle trips in any given hour. Project will result in the incineration of more than 1 ton of refuse per hour. Project emission rate of all contaminants will exceed 5 lbs. Der hour or a heat source producing more than 10 million BTU's per hour. Other imoacts: IMPACT ON PLANTS AND ANIMALS 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? NO YES40 0 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. _ Removal of any portion of a critical or significant wild- life hebit34 Application of Pesticide or herbicide over more than trice a year other tton for a9riculturil purposes. Other Impacts: 9. WILL PROJECT SUBSTANTIALLY AFFECT NON-THREATENED OR NO YES ENDANGEREDSPECIES? .......................................0 0 Examole that Would Apply to Column 2 Project would subdtantially interfere with any resident or migratory fish or wildlife species. _ Project requires the removal of more than 10 acres of mature forest !over 10O years in ace) or other locally important vegetation. -7- SMALL TO POTENTIAL CAH IMPACT CE MODERATE LARGE REDUCED BY IMPACT PiPACT PROJECT CHANGE IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGYSUPPLY? ...........................................0 O Examples that Would Apply to Column 2 , Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Other impacts: IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS. NOISE, GLARE, VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....0 O Examples that Would Aooly to Column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Project will produce operating noise exceeding the local ambient noise levels for noise outside of structures. _ Project will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON HEALTH & HAZARDS tin YFS 16. !•WILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? .............0 O Examples that Would Apply to Column 2 Project will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals. radiation. etc.) in the event of accident or upset conditions, or there will be a chronic low level discharge or emission. Project that will result in the burial of "hazardous wastes" 0.e. toxic. poisonous, highly reactive, radioactive. irritating, infectious. etc. . including wastes that are solid, semi-solid, liquid or contain.gases.) Storaae facilities for one million or more gallons of liouified natural gas or other liouids. Other imoacts: r f • � Ji IALL TO POTENTIAL CAN lt!PACT i E ODERATE LARGE REDUCED BY Il'PACT IMPACT PRr?JECT C!':SNGE IMPACT O!! GROWTH A'ID CHARACTER OF COr"ILINITY OR 'IE1,I+RnRNnnn 17. WILL PROJECT AFFECT THE CHAPACTER nF THE EXISTING !10 YES Example that Would Apply to Column 2 00 The population of the City. Town or Village in which the project is located is likely to grow by more than 5% of- resident human population. The municipal budgets for capital expenditures or opera- ting services will increase by more than 5% per year as a result of this project. Will involve any permanent facility of a non-agricultural use in an agricultural district or remove nrime agricultural lands from cultivation. The project will replace or eliminate existing facilities. structures or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future projects. Project will relocate 15 or more employees in one or more businesses. - Other imoacts: NO YES 18. IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? ....... Examples that Would Apply to Column 2 O O Either government or citizens of adjacent communities have expressed opposition or rejected the Proiect or have not been contacted. Objections to the project from within the community. 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. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I PART I1 PART 3 Upon review of the information recorded on this EAF (Parts 1, 2 and 3) and considering both the magnitude and importance of each impact, it is rrasonab.ly determined that: PREPARE A NEGATIVE DECLARATION A. The project will result in no major impacts and. therefore. O is one which may not cause significant damage to the environment. 8. Although the project could have a significant effect on the environment. there will not be a significant effect in this case PREPARE A NEGATIVE DECLARATION because the mitigation measures described in PART 3 have been O included as part of the proposed project. ------_ C. The project will result in one or more major adverse impacts PREPARE POSITIVE DECLARATION PROCEED WITH EIS that cannot be reduced and may cause significant damage to O the environment. Rate 1 iture of R,�sponsi e f c a n Lead • Signature of Prenarer if different from responsible officer) Agency Mint or ty=e nare-of res;onsio a Official in Lead Agencv �itr LAW OFFICES itj6 PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.0.BOX 779 RIVERHEAD,NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F.KOZAKIEWICZ November 21, 1991 Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re : The Fields Subdivision at Bergen Ave. , Mattituck, N.Y. (Joseph Macari) Dear Mr . Orlowski : Enclosed please find revised sketch plan maps drawn consistent with your Resolution contained in your cover letter dated October 1, 1991. I also enclose a $400.00 check in payment of your environmental review fee. Mr . Young is in the process of preparing the preliminary map and road and drainage profiles consistent with this sketch plan. Very truly yours, pa--.) & , PETER S. DANOWSCI , JR. P SD:g sg Encls. cc: Howard Young M Joseph Ma car i N } Y6 ] i �J'f t PLANNING BOARD MEMBERS 4 ' �� a `� r �i SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman •. �5 ' INN''. `�° 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 October 1, 1991 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, NY 11901 RE: Major Subdivision of The Fields at Mattituck Bergen Avenue, Mattituck SCTM# 1000-113-2=1. 1 - Dear Mr. Danowski: The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1991. Be it RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action upon receipt of maps revised in accordance with conditions 1,2 & 3 of the conditional sketch approval. Be it RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated April 26, 1991 with the following conditions: 1. Proposed Lot Number 4 and proposed Lot Number 5 are to be combined and shown as 1 lot. 2. Proposed Lots 1, 2 and 3 are to be re-divided as 2 lots. 3. A building envelope is to be indicated for the area currently shown as "Open Space Area. " All building setbacks must be indicated for the building envelope. Page 2 The Fields at Mattituck 4. A Homeowner' s Association will be required for the road and drainage area prior to any final approval by the Planning Board. 5. - Covenants and Restrictions, as determined by the Planning Board, and a Soil Conservation Management Program, as determined by the Suffolk County Soil Conservation Service will be required for the "large lot" prior to any final approval by the Planning Board. Sketch plan approval is conditional upon submission of preliminary 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 preliminary submission must include road profiles and drainage plans. These maps will be, forwarded by..the Planning- Board to the Engineer for review. The Planning Board has received a cost estimate of $400.00 from their Environmental Consultant for review of Long Environmental Forms. This sum must be paid in full before we can authorize our consultant to proceed with the review. Upon:=receipt of,__the;_above mentioned review_ fee, and. maps revised in° accordance- with conditions numbered..- umbered.. l,:`,2._and. _3`.of - the conditional sketch approval, the Planning Board will start the Lead Agency coordination process. Please do not hesitate to contact .this. office if you have any questions regarding the above. very truly yours, Bennett Orlowski, Jr. S Chairman - i LAW OFFICES �l5 -►/ ,,Js, PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S. DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ June 13, 1991 Town of Southold Planning Department Town Hall 53095 Main Road Southold, New York 11971 Attention: Melissa Spiro Re : The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Melissa: I enclose ten (10 ) copies of revised prints for The Fields at Mattituck. These latest plans marked "B" are amended to , among other things, eliminate a large lot with a restricted building envelope at the southeast corner of the property. It still makes all kinds of sense to myself, Howard Young, our surveyor, and my client to allow a large agricultural lot with a restricted building envelope, which is located adjacent to other residential lots along Bergen Avenue. This would enable a farmer to place his home and agricultural buildings a distance away from the remainder of the residential homes, which are located at the northern end of the parcel. I know the Board has heard my words in the past, and I will make them for the last time on this project. A large lot, with restrictive covenants to be filed with the County Clerk guaranteeing the agricultural open space, should be preferable to a homeowners' association. The plan shows a relatively large lot which could easily be retained for agricultural purposes. The reasoning behind locating the building envelope along Bergen Avenue is to remove any agricultural buildings from the general vicinity of the residential homes to be built to the north. Certainly, if the client were to be saving road construction costs, he might discuss the possibility of losing yield. For example, in Mattituck Creek Estates , the revised map will show no road and less lots. The road system in this development, however, is not effected by the latest revisions to the map. Although I don't understand the logic to requesting any loss of yield, my client would agree to reduce his yield from, 28 to -27 = thereby losing one lot. 9 +i I I have marked up one copy of the plan, indicating where we might lose the lot by combining lots numbered 4 and 5. I would also suggest that if we were to identify a building envelope on the open space area and make it a lot, we could also make two lots out of what is now labeled lots 1, 2 and 3 . This would create larger lots having a location near the neighbors to the north, who for the most part, have lots in excess of that shown on the subdivision. Very truly yours PETER S. DANOWSKI, JR. P SD b Encl ures cc: Mr . Macari Mr . Young JUN 19 j LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD ROBERT F.KOZAKIEWICZ OFCOUNSEL April 22, 1991 Town of Southold Planning Board Town Hall 53095 Main Road Southold, New York 11971 Re: The Fields at Mattituck SCTM# 1000-113-2-1 . 1 Dear Board Members: As discussed in the past, my client would like to keep the open space as part of a large lot. Presumably, this large open space area would be used for farming. By locating the proposed limited building envelope on Bergen Avenue, it was thought that a person could purchase this large lot, building his home and agricultural buildings within a restrictive building envelope, and farm the open space without interfering with the rest of the residential lots to be located in a cluster to the north end of the property. Very truly yours PETER S. DANOWSKI, JR. PSDIpb BY B PAD cc: Mr. Young Mr. Macari ��� w�l1 1�e Semc�iN� V5 repkSec� MOTS. mar'.. LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD, NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ April 22, 1991 Town of Southold Planning Board Town Hall 53095 Main Road Southold, New York 11971 Re: The Fields at Mattituck SCTM# 1000-113-2-1. 1 Dear Board Members: As discussed in the past, my client would like to keep the open space as part of a large lot. Presumably, this large open space area would be used for farming. By locating the proposed limited building envelope on Bergen Avenue, it was thought that a person could purchase this large lot, building his home and agricultural buildings within a restrictive building envelope, and farm -the open space without interfering with the rest of the residential lots to be located in a cluster to the north end of the property. Very truly yours PETER S. DANOWSKI, JR. PS D pb BY cc: Mr. Young Mr. Macari APR 2 6 1991 LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P.O. BOX 779 RIVERHEAD,NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ April 1, 1991 Town of Southold Planning Board Office Town Hall 53095 Main Road Southold, New York 11971 Att: Bennett Orlowski, Jr. , Chairman Re: The Fields at Mattituck SCTM# 1000-113-2-1. 1 Dear Mr. Orlowski : Pursuant to your letter of January 18, 1991, please find enclosed a "Cluster" Subdivision Sketch Plan prepared for The Fields At Mattituck, dated March 27, 1991. Very truly yours, PETER S. DANOWSKI, JR. P S /p b Enc re cc: Mr. Macari Mr. Young AP1 _ 11991 i go 'a �G PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �® ' '�.-.,4_�x� �' Supervisor George Ritchie Latham, Jr. •�t �� Richard G. Ward �lV AV Town Flail, 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 January 18, 1991 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box . 779 Riverhead, New York 11901 RE: The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski, Jr. : The Planning Board has reviewed the cluster map dated February 13, 1989, which was received by this office on April 6, 1990. The Board apologizes for the delay in the review. Below is a list of the Board' s comments: 1. Rosewood Drive is not a public road. Thus, the connection with Rosewood Drive is not a viable .one. 2. The lots are to be reduced in area, to 30, 000 square feet, so that Lots 1, 2, 3 and 4 can be located to the north of the drainage area. In this manner, a road will not need to be placed within the natural swale area and the entire developed area will also be to the north of the drainage area. Upon submission of revised maps, the Board will proceed with their review. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. S Chairman APR - 1 1991 FIELDS AT MATTITUCK Submitted July 25, 1989 ; Although client prefers standard subdivision, pursuant to zoning requirements, have submitted cluster. Are revising cluster per planning board recommendations. Asking planning board for large lot approval with restrictive covenants. Although recognize Rosewood Estates may be a private road, thought planning board might wish to show potential tap to that street in case the road eventually becomes public. FEB W 4 199N fu PLANNING BOARD MEMBERS ` :' }M- r� SCOTT L. HARRIS '? Bennett Orlowski, Jr., Chairman e3� `'•{�Za`_-" � Su pervisor 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 January 18, 1991 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Mr. Danowski, Jr. : The Planning Board has reviewed the cluster map dated February 13 , 1989, which was received by this office on April 6, 1990. The Board apologizes for the delay in the review. Below is a list of the Board' s comments: 1. Rosewood Drive is not a public road. Thus, the connection with Rosewood Drive is not a viable one. 2. The lots are to be reduced in area, to 30,000 square feet, so that Lots 1, 2, 3 and 4 can be located to the north of the drainage area. In this manner, a road will not need to be placed within the natural swale area and the entire developed area will also be to the north of the drainage area. Upon submission of revised maps, the Board will proceed with their review. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. �S Chairman SLII�F Lei LAW OFFICES PETER S. DANOWSKI, JR. 616 ROANOKE AVENUE P41 5� P.0.BOX 779 JCS' RIVERHEAD, NY 11901 (516)727-4900 PETER S.DANOWSKI,JR. FAX(516)727-7451 MICHAEL T.CLIFFORD OF COUNSEL ROBERT F.KOZAKIEWICZ January 10, 1991 Town of Southold Planning Department Town Hall 53095 Main Road Southold, New York 11971 Att: Melissa Spiro Re : The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Melissa: My client has inquired concerning the status of this subdivision. Below I list a thumbnail sketch of the history of this application: April 7, 1989 - Letter to Planning Dept regarding meeting with Mr. Brady favoring a standard large lot subdivision July 25, 1989 - Preparation of letter to Planning Dept regarding application for proposed subdivision as well as checks for $1, 000. 00 and $6, 040. 00 November 6, 1989 - Receipt of letter from Planning Dept regarding cluster layout My latest communication is a transmittal letter enclosing revised sketches, which letter is dated April 3, 1990. Very , my yours PETER S. DANOWSKI, JR. � # PSD pb Encl ure cc: Mr. Macari .BAN 14 1991 Mr. Young la LAW OFFICES PETER S. DANOWSKI, JR. c 616 ROANOKE AVENUE P. O. BOX 779 r RIVERHEAD, NY 11901 ' C (516) 727-4900 t PETER S. DANOWSKI, JR. FAX(516)727-7451 MICHAEL T. CLIFFORD ROBERT F. KOZAKIEWICZ OF COUNSEL PAMELA A. BLAKE C GRACE GATZ F EILEEN L. BRACKEN ALICE SALVI SECRETARIES April 3, 1990 Town of Southold Planning Department Town Hall 53095 Main Road Southold, New York 11971 Attention: Melissa Spiro Re: The Fields at Mattituck SCTM# 1000-113-2-1.1 f I Dear Melissa: Enclosed please find revised Sketch Plan showing a Cluster as required by the Planning Board. My client 's son would like to build a home on one of the lots adjacent to the open space area. He would also like to farm the open space. With this in mind, I would ask the Board at the preliminary map stage to approve a Plan that will show the open space area as part of one of the three lots that border on what is now labeled Open Space. Very truly yours, PETER S. DANOWSKI, JR. PSD/ejf Enclosures cc: Joseph Macari 1/3 o� TRUSTEES y SCOTT L. HARRIS John M. Bredemeyer, III, President Oy Supervisor Henry P. Smith, Vice President �f Albert J. Krupski, Jr. Ol �[ �a Town Hall, 53095 Main Road P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD -OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Planning Board FROM: Board of Trustees RE: The Fields at Mattituck, SCTM 41000-113-2-1.1 DATE: August 29, 1990 The following action was taken by the Southold Town Board of Trustees on Thursday, August 23, 1990: RESOLVED that the Southold Town Board of Trustees accepts the environmental report on the above-referenced project of Bruce Anderson dated July 31, 1990. If you have any questions, please do not hesitate to contact this office. JMB:j mt cc: Bruce Anderson File '" To: John Bredemeyer, President Southold Board of Trustees From: Bruce Anderson Environmental Consultant Date: July 31 , 1990 Re: Planning Board Referral - The Fields at M_ attitu_c_k SCTM# 1000-113-2-1. 1 Please be advised that my preliminary inspection of the above referenced parcel did not reveal the presence of freshwater wetlands . Most of the subject parcel is currently being farmed with the exception of the northern portion of the property which is an abandoned field and a fragmented woodland area which skirts the eastern property boundary . The central portion of the property contains a large drainage swale which appears to have undergone considerable siltation from the adjacent farm field. Within the drainage swale a substantial number of exotic and invasive species have become established. At present the work road which travels through this area is overgrown with a large stand of poligonus shrubs (possibly japanese knotwood) . While this area contains some wetland vegetation the predominant covertype is described as upland and exotic. Of the two plans submitted (the "standard" and it it would appear that the cluster map offers several advantages over the standard. These include: preservation of farmland and dedication of open space in the swale area. Preservation of the swale eliminates the problems of building on steep slopes , as well as increasing overland runoff to the Rosewood Drive development. Finally, the design of the road should be particularly scrutinized so as to prevent flooding of properties now or formally owned by Daniel V. and Maria T. Brisotti as well as in the existing development at Rosewood Drive . r FFULK�O PO o ;: Town Hall. 53095 Main Road to = P.O. Box 1179 Telephone '" g (516) 765-1801 Southold, New York 11971 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL To: Southold Town Planning Board From: Southold Town Conservation Advisory Council Dated: July 5, 1990 Re: The Fields at Mattituck SCTM# 1000-113-2-1 .1 The Conservation Advisory Council makes the following recommendation: The site appears to have no wetlands involved. The wetlands sited on the map appear to correct. Wetland appear to be involved. The map/survey has been transmitted to the Southold Town Trustees for their comments and any staking they deem necessary. The survey is not correct. Wetlands need to be staked by the Southold Town Trustees. The map/survey has been transmitted to the- Trustees for their comments and any staking they deem necessary _Additional Comments: Drainage area - will excess runoff move on to Carol Keil property? Road section north of drainage area cuts across steep contour 20' therefore, will this be filled for road or would a better course eliminate lot 5? Area at scutheast corner adjacent to Bergen Avenue - does it hold water? Should this be counted in yield if so? ***Is it possible to create a freshwater wetland at drainage area? Note: Should you have any questions concerning these comments, please contact CAC member Stephen Angell at 298-3892 �,� cc: Southold Town Board of Trustees � < Town Hall, 53095 Main Road R SCOTT L. HARRIS P.O. Box 1179 Supervisor Southold, New York Oi.�" ��� Fax (516) 765-1823 11971 (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD i MEMORANDUM TO: John Hdzapfel, Chairman Conservation Advisory Committee FROM: Bennett Orlowski, Jrn�� Ys Chairman DATE: April 20, 1990 RE: Proposed Subdivision for The Fields at Mattituck SCTM# 1000-113-2-1.1 Attached please find the proposed maps for the above mentioned subdivision proposal. The Planning Board questions whether any wetlands are located on the property. Please note that three different maps are attached. The map dated February 13, 1989 is the cluster proposal which is - currently before the Board. The Board has also reviewed alternative layouts for the parcel. The map dated June 16, 1989 is a standard two acre plan, which the Planning Board is using to determine the yield of the' parcel. The map dated June 27 , 1987 is a plan which was previously before the Board. This plan eliminates locating the road within the sloped areas of the parcel. Please submit your comments, in writing, to this office at your, earliest convenience. Err Town Hall, 53095 Main Road c } , '; SCOTT L. HARRIS P.O. Box 1179y�� 5.,�. " �r® '�'„ ' � � Supervisor Southold, New York ,�® Fax (516) 765-1823 11971 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD I i MEMORANDUM TO: John Hozapfel, Chairman Conservation Advisory Committee FROM: Bennett Orlowski, Jr.�n(�l ,JCS Chairman DATE: April 20, 1990 RE: Proposed Subdivision for The Fields at Mattituck SCTM# 1000-113-2-1.1 Attached please find the proposed maps for the above mentioned subdivision proposal. The Planning Board questions whether any wetlands are located on the property. Please note that three different maps are attached. The map dated February 13, 1989 is the cluster proposal which is currently before the Board. The Board has also reviewed alternative layouts for the parcel. The map dated June 16, 1989 is a standard two acre plan, which the Planning Board is using to determine the yield of the parcel. The map dated June 27, 1987 is a plan which was previously before the Board. This plan eliminates locating the road within the sloped areas of the parcel. Please submit your comments, in writing, to this office at your, earliest convenience. LAW OFFICES PETERS. DANOWSKI, JR. 616 ROANOKE AVENUE P. 0. BOX 779 L RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ EILEEN L. BRACKEN ALICE SALVI SECRETARIES April 3 , 1990 Town of Southold Planning Department Town Hall 53095 Main Road Southold, New York 11971 Attention: Melissa Spiro Re: The Fields at Mattituck SCTM# 1000-113-2-1.1 Dear Melissa: Enclosed please find revised Sketch Plan showing a Cluster as required by the Planning Board. My client's son would like to build a home on one of the lots adjacent to the open space area. He would also like to farm the open space. With this in mind, I would ask the Board at the preliminary map stage to approve a Plan that will show the open space area as part of one of the three lots that border on what is now labeled Open Space. Ve truly yours, P JR. PSD/ejf Enclosures cc: Joseph Macari 6 19,90 4 .a�«rys� Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 1989 Peter S. Danowski, Jr. 616 Roanoke Avenue P.O. Box 779 Riverhead, New York 11901 RE: Proposed Subdivision for The Fields at Mattituck KIT Realty, Inc. SCTM# 1000-113-2-1. 1 Dear Mr. Danowski: The Planning Board has reviewed the application for the above mentioned subdivision. The parcel is located in the Agricultural-Conservation (A-C) District. Article XVIII , which pertains to Cluster Development, states that clustering be required on lots of ten acres or more in the A-C District. The Planning Board thus requests that the layout be revised so as to conform to the Cluster Development section of the Code. The Planning Board is in favor of the road layout as shown on the Standard plan. The Board requests that this layout be continued in the cluster layout, with all lots clustered to the northern end of the property. Upon receipt of revised maps, the Board will continue with. their review. Please contact this office if you have any questions concerning the above. Very tr�ly o r's r � Bennett Orlowski, Jr. Chairman LAW OFFICES PETER S. DANOWSKI, JR. 616 AOANOKE AVENUE P. 0. BOX 779 RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. FAX(516) 727-7451 MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ July 25, 1989 EILEEN L. BRACKEN ALICE SALVI SECRETARIES Planning Departmentt, Town of Southold u ' "' 53095 Main Road JUL 7 1989 Southold, New York 11971 � Attention: Jill Re: Proposed Subdivision KIT Realty, Inc. The Fields at Mattituck Dear Jill: Enclosed herewith please find the following documentation with regard to the above captioned application: 1 . Application for Approval of Plat; 2 . Copy of Deed; 3. Environmental Assessment Form; 4 . Eight (8 ) prints of "Standard" Subdivision Sketch Plan dated June 16, 1989; 5 . Check for $1, 000 representing filing fee; 6 . Check for $6,040 representing $100. 00 per acre fee. .Also find enclosed a duly executed authorization from KIT Realty, Inc. Ver_y truly /yours? PETER S. DANOWSKI , PSD:as Enclosures cc: Joseph Macari Howard Young LAW OFFICES r 3 g PETER S. DANOWSKI, JR. �L APR 101989 616 ROANOKE AVENUE P. 0. BOX 779 ,I SC 3!r1!)!t! RIVERHEAD, NY 11901 (516) 727-4900 PETER S. DANOWSKI, JR. MICHAEL T. CLIFFORD OF COUNSEL ROBERT F. KOZAKIEWICZ PAMELA A. BLAKE GRACE GATZ April 7, 1989 EILEEN L. BRACKEN ALICE SALVI SECRETARIES Planning Department Town of Southold Town Hall P. O. Box 1179 Southold, New York 11971 Attention: Melissa Spiro Re: Bergen Avenue - The Fields Subdivision Dear Melissa: Be advised that with regard to the Fields at Mattituck Subdivision, that I have met with Warren Brady, in the presence of Howie Young. I believe Mr . Brady would favor a standard large lot subdivision rather than a clustered layout . As a result, Mr . Young is preparing a standard plan and will submit same to the Planning Board as soon as possible. I will also contact Mr. Brady after the map is prepared. Very truly yours, PETER S. DANOWSKI , JR. P SD:as cc: Howard Young T � Q. O .LD 1 � v Southold, N.Y. 11971 -(516) 765-1938 April 21, 1987 Mr. Henry E. Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Re: Subdivision Proposal for . Maunsbach and Leeds at Mattituck Dear. Mr. Raynor:, Please- let this confirm our conversation of this date. The Planning Board will not proceed further with the above mentioned subdivision application until the deeded right- of-way in favor of 'Brady and others is recognized. We ask that .either• -the surveys be amended .to indicate this right-of-way or that an acceptable alternative agreement be worked.:out with Brady and the other.land owners to the North. Upon receipt of and acceptance of this information, we will be in a position to further process this application. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN G SOUTHOLD TOWN PLANNING BOARD ly"D an�.'�_ch� Secretary cc: Warren B. Brady UP OCT - 6 1992 t VIST MAJOR SUBDI ON fete s. l .< 'Pceived �. Application re'," at-work session OKj Applicant advised of necessary revisions s of s on Revised submission received i OK .1 0IL i„ OK is �a�{�5 51d�, Sketch plan approval �p -with conditions E-30'�t/ La� s . Lead Agency Coordination -p 3a 71 r co-a" t� J.SOKti deteY°1iiYfiatfun ' cA-s4-�u4 a, a— V\ �' Preliminary maps received 9� l°U Preliminary maps reviewed at work session f c•�u�'�'6� R'.� I l7rL✓ -revisions I6 f`fz- (net Road profiles/drainage submitted �m i„ro• 101 OTC -revisions y._1�` ] Road profiles/drainage reviewed be Engineer m i„r0 log GM Sent to County Planning Commission -,,„►o• Z AW ["] Review of SCPC report Nvt- Preliminary hearing 16 a 9:l t Preliminary approval 1 7 _ -with conditions J o a _ ti� Sent to Fire Commissioner Receipt of firewell location 5s Notification to applicant to include on final map sJcs��s ;Ld Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed INFO. OK Filed Covenants and Restrictions received - Yt Bond estimate submitted Bond adopted by PB Bond adopted by TB Determination of park&playground fee _' Park&playground fee adopted by TB Open Space documents - Documents reviewed by TA Receipt of mylars and paper prints with- Health approval Final Public Hearing Approval of subdivision _ -with conditions Payment of bond Payment of inspection fee Payment of park&playground fee Endorsement of subdivision loJ3oj8 I =_ As pQR -Cawv� R � Ms d M "a-o I Q4e2. Cie Vpo—, s nofi a �..rr► 120, i InG�oa APPENDIX A EAF ENVIRONMENTAL ASSESSMENT - PART Ij /G Project Information le_ JUL 2 7 1989 NOTICE: This document is desioned to assist in determining whether the a�ctio�sproposed may-proposed significant effect on the environment. Please complete the entire Data Sheet. Answers to these`'questions'-will"be considered as part of the application for approval and may be subject to further veri-fication'=rand'-public:'review- Provide any additional information you believe will be needed to complete PARTS 2 and 3. It Is expected that completion of the 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 instan;e. NAME OF PROJECT: NAME AND ADDRESS OF OWNER (If nifferent) KIT Realty, . IncTH- . ame) //"'' - - ADDRESS AND NAME OF APPLICANT: Ttreet PETER .-S. DANOWSKI , JR. , - rState (ZIP) e (Name)As Agent for KIT Realty, Inc. �. • BUS[NESS PHONE: i°,p troet T7707- Mate) (ZIP)- DESCRIPTION OF PROJECT: (Bri/efly/describe type of project or action) • ��ca•��c/ c�ufJn/�'•//i.S.�r.D / �7�d�7G�Oi--p� 07� �t�7�S�,�'',rf'�a! r�-"!9• �y.l���j� l (PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both develoned and undeveloped areas) 1. General character of the land: Generally uniform slope Generally uneven and rolling or irregular 2. Present land use: Urban Industrial Commercial Suburban _ Rural _. Forest Agriculture ,Tr VI-Aa^ 3. Total acreage of project area: ,Ll1�acres. Approximate acreage: Presently After Completion Presently After Completion Meadow or Brushland acres Iq acres hater Surface Area O acres _O__acres Forested 7 acres 4�1 acres Unvegetated (rock, earth or fill) a acres v acres Agricultural acres O acres Roads, buildings -letland (Freshwater or and other paved Tidal As ner Articles surfaces acres acres 24, 25 or F.C.L.) �D acres L acres ��gWNg -- 0 er (indicate type) D acres 3 l)acres 4. '4hat is predominant soil type(s) on nroject site? /P7/e:r. /9 5. a. ire :here badrock outcro:oinas on nrn,ipct site? Yes X No r.. What is depth to bedrock? feet) 9/1/78 ----- --._...- I 6• Approximate percentage of proposed Droject site with slopes: 0-10" 10-155 /1/0.; 15% or greater U 3. 1. Is project contiguous to, or contain a building or site listed on the National Register of Historic Places? yes _No 8. What is the depth to the water table? feet 9. Do hunting or fishing opportunities presently exist in the project area? Yes x'No 10. Does project site contain any species of plant or animal life that is identified as,threatened or endangered - Yes ��lo, according to - Identify each species V6.rr.0ar_a 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other geological formations - Yes -2e_No. (Describe _ ) 12. Is the project site presently used by the community or neighborhood as an open space or recreation area - Yes �_No. 13. Does the present site offer or include scenic views or vistas known to be important to the community? Yes _,)L_No ' 14. Streams within or contiguous to project area: N o N E a. Name of stream and name of river to which 1t is tributary _1 15. Lakes, Ponds, Wetland areas within or contiguous to project area: N®a/s I a. Name b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-2) and the scale of dev topment• (e.g. 2 story). zwoq/e • nts G�n.cccnl/u.,� •P— �' A-li�� AG Co►,St2✓p9i0a) S�0rr� B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor 46. 4 acres. I b. Project acreage developed: 60 `f acres initially; acres ultimately. c. Project acreage to remain undeveloped D d. Length of project, in miles: AJ) (if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ; developed acreage "IA- f. Number of off-street parking spaces existing proposed g. Maximum vehicular trios generated per hour 231*' (upon completion of project) h. If residential: Number and type of housing units: Olne- Family Two Family Multiple Family Condominium Initial Ultimate fi i. If: VIA Orientation I .!eighborhood-City-Regional Estimated Employment Commercial I t Industrial J. Total height of tallest proposed structure __3 5 feet. 2. How much natural material (i.e. rock, earth, etc,) will be removed from the site - a tons (� cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - 4D'acres. 4. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes _k�_No 5. Are there any plans for re-vegetation to replace that removed during construction? v Yes No 6. If single phase project: Anticipated period of construction 190 months, (including demolition). 7. If multi-phased project: a. Total •number of phases anticipated No. N IA b. Anticipated date of commencement phase 1 month year (including demolition) c. Approximate completion date final phase month __year. d. Is phase 1 financially dependent on subsequent phases? Yes No 8. Will blasting occur during construction? Yes _-V._No 9. Number of jobs generated: during construction !XJ after project is complete 10. Number of jobs eliminated by this project �. 11. Will project require relocation of any projects or facilities? Yes _ _No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? `�Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) SA N iTPrLGt SidwA CCt- c. If surface disposal name of stream into which effluent will be discharged IJ I A- 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes V No. / 14. Is project or any portion of project located in the 100 year flood plain? Yes b' No 15. a. Does project involve disposal of solid waste? Yes No b. • If yes, will an existing solid waste disposal facility be used? Yes __No c. If yes, give name: %)f1h)W -t'WM ; location 6-U1GI•fUwS d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes ✓ No 16. Will project use herbicides or pesticides? Yes No 17. Will project routinely produce odors (more than one hour per day)? Yes C No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes )_< No 19. Will project result in an increase in energy use? _) _Yes No. If yes, indicate type(s) 20. If water supply is from wells indicate PUMDing capacity gals/minute. Oo-r Sum TVn 5 T7M4m. 21. Total anticipated water usage per day >Q_O U gals/day. �U 2L� o r ��� 22. Zoning: a. What is dominant zoning classification of site? _ G b. Current specific zoning classification of site A Ce c. Is or000sed use consistent with Present zoning? 5 d. If no, indicate desired zoning 26. Approvals: a. Is any Federal permit required? Yes No b. Does project involve State or Federal funding or financing? _-Yes _X No c. Local and Regional approvals: Ap roval Required Submittal Approval (Yes. No� (Type) (Date) (Date) City. Town Village Board Ov — City. Town, Village Planning Board ' City. Town, Zoning Board �.d City. County Health Department Other local agencies Other regional agencies, State Agencies Federal Agencies C. 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 the proposal. please discuss such impacts and the measures which can be taken to mitigate or avoid them. PREPARER'S SIGNATURE: 741" 11/• TITLE: REPRESENTING: KIT Realtv, • Inc . DATE: _bIleI��' _q_ t EAF ENVIRONMENTAL ASSESSMENT - PART II . Project Impacts and Their Magnitude General Information (Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also necessarily si�nificant. Any large effect must be evaluated in PART 3-to determine significance. Ry identifying an effect—in column 2 simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshold of ma_gn—i uUe 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 more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples 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. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion 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 the size of the impact then consider the .impact as potentially large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. 1 2. 3. SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON LAND NO YES �. WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO ®O PROJECT SITE? Examples that Would .ADply to Column 2 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 10%. Construction on Land where the depth to the water table is less than 3 feet. construction of paved Darkinq area for 1,^19 or mnre vehicles. Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve more than one Phase or stage. FAcavation for mining purposes that would remove more than 1 ,000 tons of natural naterial (i.e. rock or-soil) per year. 1. Construction of any new sanitary landfill. -5- S"ALL Tn POTVITIAL CAN 1'19ACT BE '41DERATE LARGE REDUCED BY • IMPACT IMPACT PROJECT CHANGE _ Construction in a designated floodway. Other impacts: YES 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LANs FnRHS®O FOUND ON THE SITE? (i.e. cliffs. dunes. geological forma- tions, etc.) Specific .land forms: _ IMPACT ON WATER Nn YES 3. WILL PROJECT AFFECT ANY WATER. BODY DESIGNATED AS .........*0 PROTECTED? (Under Articles 15. 24. 25 of the Envir- onmental Conservation Law. E.C.L.) Examples that Would Apply to Column 2 Dredging more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON-PROTECTED EXISTING OR NEW NO YES BODYOF WATER? .............................................0 O Examples that Would Apply to Column 2 _ A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of —' surface area. Other impacts: � U YES S. YILL PROJECT AFFECT SURFACE OR GROUN04ATER 1111ALITY?. 00 Examples that Would Apply to Column 2 Project will require a discharge permit. _ Project requires use of a source of water that does not have aporoval to serve proposed project. Project requires water supply from wells with greater than 45 gallons per minute humping capacity. _ Construction or operation causing any contamination of a public water supply system. _ Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to facilities which presently do not exist or have Inadequate capacity. _ Project requiring a facility that would use water in excess of 2n,nOO gallons per day. Project will likely cause siltation or other discharge _ into an existing h:dy of water to the extent that there will be an obvious visual contrast to natural conditions. .F. ►1ALL TO POTENTIAL CAN IMPACT BE XIDERATE LARGE REDUCED BY ;aPtC; IMPACT PROJECT CHANGE Other Imoacts: 6. ,SILL PROJECT ALTER DRAINAGE-11.011. PATTEMS OR SURFACE !UTTER NO YES RUNOFF? ...................................................00 Examole that 'lould A.nply to Colurn 2 Project would impede flood water flows. Project is likely to cause substantial erosion. _ Project is incompatible with existing drainage patterns. Other impacts: ' IMPACT ON AIR ® i10 YES 7. WILL PROJECT AFFECT AIR QUALITY?...........................� o F.xa les that Would Apply to Column 2 Project will induce I.W. or more vehicle trips in any given hour. Project will result in the incineration of more than 1 ton Of refuse per hour. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source Producing more than 10 mil.lion BTU's per hour. Other impacts: IMPACT OH PLANTS ANO ANIPALS 40 YES B. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? O O 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. Removal of any portion of a critical or significant wild- - I i fe habi tit. _ Apolicatinn of Pesticide or herbicide over more than twic: a yearother t1un forayrtcrltural purposes. Other impacts: 9. WILL PROJECT SUBSTANTIALLY AFFECT 14014-THREATENED OR NO YES ENDANGERED SPECIES? .......................................0 - Example that Would Apply to Column 2 Project would substantially interfere with any resident ._ or migratory fish or wildlife species. ' Project requires the removal of more than In acres of mature forest (over ion years in ane) or other locally important vegetation. -7- SMALL TO POTENTIAL CAN IMPACT CE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGYSUPPLY? ............................................0 O • Examples that Would Apply to Column 2 Project causing greater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Other impacts: IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....00 Examples that Would Apply to Column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). _ Project will produce operating noise exceedinn the local ambient noise levels for noise outside of structures. - Project will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON HEALTH R HAZARDS NO YF.S 16. !'WILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? .............0 0 Examples that Would Apply to Column 2 _ Project will cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be a chronic low level discharge or emission. Project that will. result in the burial of "hazardous wastes" (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid or-contain gases.) Storage facilities for one million or more gallnns of liouified natural gas or other liouids. Other impacts: ` BALL Tl1 POTENTIAL CAN IMPACT GE AODERATE LARGE REDUCED BY INPAC.T IliPACT PROJECT CPANGE IMPACT ON GROWTH A'ID CHARACTER OF COMMUNiTY OR NEI1NRORHoon 17. WILL PROJECT AFFECT THE CHAPACTER AF THE EXISTING, 'IO YES CO`1MUNITY? ...0 0 Example that Would Apoly to Column 2 The population of the City. Town or Village in which the project is located is likely to grow by more than 5% of resident human population. The municipal budgets for capital expenditures or opera- ting services will increase by more than 5% per year as a result of this project. Will involve any permanent facility of a non-agricultural use in an agricultural district or remove nrime agricultural lands from cultivation. The project will replace or eliminate existing facilities. structures or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future projects. Project will relocate 15 or more employees in one or more businesses. Other impacts: NO YES 18. IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? .......®0 Examples that Would Apply to Column 2 Either government or citizens of adjacent communities have expressed opposition or rejected the project or have not been contacted. Objections to the nroject from within the community. IF ANY ACTION 1N PART 2 IS IDEIITIFIED AS A POTENTIAL LARGE IMPACT OR IF YOU CANNOT DETERMINE THE MAGNITUDE OF IMPACT. PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I PART II PART 3 Upon review of the information recorded on this EAF (Parts 1. 2 and 3) and considering both the magnitude and importance of each impact. it is reasonably determined that: PREPARE A NEGATIVE DECLARATION A. The project will result in no major impacts and. therefore, is one which may not cause significant damage to the environment. 0 B. Although the project could have a significant effect on the environment. there will not be a significant effect in this case PREPARE A NEGATIVE DECLARATION because the mitigation measures described in PART 3 have been 0 included as part of the proposed project. --. C. The project will result in one or more major adverse impacts PREPARE POSITIVE DECLARATION PROCEED WITH EIS that cannot be reduced and may cause significant damage to 0 - the environment. —__ Date 3r{gnature of Rqsponsible Official in Lead Signature of Prenarer if different from responsible officer) Pri Agency Mint or t./ce nave o responsible official in Lead 4gencv 'fc' WCA2 �tandatd N.Y.B.T.U.Fottn$007 Batgan and Sale Deed.wails Covenant against Cosmos's A Yldual of Cotpotauon. LCOMULT YOUR LAWYER REfOIkx ;PiONiN O THIS INSTRUMENT THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. THIS INDFMURF., made the allif day of Fij4AA Apf , nineteen hundred and eighty-nine M WIEEN ADAM F. GATZ , CORNELIA H. GATZ , SUSAN M. KOWALSKI f/k/a SUSAN M. GATZ , WILLIAM A. GATZ , PATRICIA G. KASOLD and PAMELA D. GATZ c/o ADAM F. GATZ , Northville Turrip= 'ke , Riverhead, New York � I JUL 27 1989 a SOlfiii,�++!a'OVA party of the first ) f'LANf MiG BOOM W Y part, and KIT REALTY INC. a domestic c'orpora`tion`'wrf�h`-w—' principal office located at 95-40 Roosevelt Avenue, Jackson Heights, New York party of the second part, WTME SEM, that the party of the first part, in consideration of ONE ($1 . 0 0) and other good and valuable consideration--------------------------------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 bG1ng:xix1beat Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows : BEGINNING at a point on the northerly side of Bergen Avenue, distant 440 .55 feet westerly from the corner formed by the intersection of ;TRICT: the northerly side of Bergen Avenue with the westerly side of Cox �00 Neck Road; 'TION: THENCE along the northerly side of Bergen Avenue South 75 degrees ; .00 36 ' 30" West 860 .63 feet to the easterly line of Coopers Lane; THENCE along the easterly side of Coopers Lane North 24 degrees 'CK: 47 ' 40" West 201 .58 feet; 00 THENCE still along easterly side of Coopers Lane North 22 degrees 18 ' 50" west 269 .53 feet; .001 THENCE along land now or formerly of . David Cooper the following 13 courses and distances : (1) North 22 degrees 33 ' 50" West 789 .50 feet; (2) North 67 degrees 18 ' 10" East 189 .71 feet; . (3) North 68 degrees 46 ' 10" East 307 .64 feet to a monument; (4) North 23 degrees 13 ' 30" West 107 .78 feet; (5) North 28 degrees 18 ' 30" West 150 .43 feet; (6) North 16 .degree;s 38 ' 10" West204 . 12 feet; (7) South 59 degrees 23 ' West 234 .69 feet; (8) South 62 degrees 51 ' West 266 .94 feet; (9) North 21 degrees 29 ' 20" West 854 . 13 feet; (10) North 22 degrees 39 ' West 2'00 .06 feet; 1�- (11) North 20 "degrees 1-8 ' West 410 .85 feet; (12) North 15 degrees 57 ' West 100 .40 feet; t (13) North 23 degrees 15 ' West 29 .52 feet; t� THENCE along the southerly line of land now or formerly of Eastman, Rohdenburg & Smith, North 68 degrees 11 ' 10" East 838 .08 feet to the westerly line of land now or formerly of Sledzuiski and others; ' • r . f , THENCE along said land the following courses and distances : (1) South 21 degrees 48 ' 40" East 674 .00 feet; (2) South 23 degrees 41 ' 40" East 100 . 03 feet; (3) South 22 degrees 00 ' 50" East 561 .63 feet; (4) South 22 degrees 17 ' 50" East 545 . 10 feet; ' (5) South 20 degrees 30 ' 20" East 100 . 06 feet; (6) South 21 degrees 45 ' 40" East' 99 .79 feet; (7) South 19 degrees 45 ' 20" East 100 . 06 : (8) South 22 degrees 28 ' 40" East 200 . 40 feet; (9) South 18 degrees 36 ' 50" East 100 . 15 feet; (10) South 23 degrees 03 ' 40" East 200 .05 feet; (11) South 22 degrees 57 ' 30" East 684 . 74 feet to the northerly side of Bergen Avenue to the point or place of BEGINNING. The Grantors herein are one and the same as the Grantees in the deed dated 12/26/80 and recorded 12/26/80 in Liber 8936 cp 28 . !: TOC'L-MER with all right, ".z and interest, if any, of the party of the hr part in and to any streets and i roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to I. said premises, TO HAVE AND TO MOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. i • T AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for.the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. PRESE CE�: (h AM F. GATZ \ z! 1. �CORNELIA H. GATZ SUSAN M. KOWA SKI f/k/a SUSAN M. GATZ �Q _ ILL AM YA,.�_`A Z PATRICrA G. ?OLPw I' PAMELA M GATZ �I • $TATZ OF NEW YORK.COUNTY OF N1. AU u: STATE OF NEW YORK_ JNTY OF NASSAU a: On the day of 19 8 9 before me On the day of 19 89, Ix f o> ,7 n1C personally came ADAM F. GATZ, CORNELIA H. personally came SUSAN M. KOWALSKI f/k/a GATZ and WILLIAM A. GATZ SUSAN M. GATZ to me known to be the individual s described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that they executed the same. she executed the same. LDCA, jQca Notary P is Notary ublic Nota uSA�• MACARI ry Public,State of New York No.4930381 LISA J. MACARI Qualified!n Naaaau County Notary Public, State of New York Go Qualified Expires Apn. a 16L No.4930381 Qualified In Nassau Countyapj Gom-iission Expires Apr„1819 STAT1E OF NEW YORK. COUNTY OF NASSAU as: STATE OF NEW YORK, COUNTY OF NASSAU as: On the day of 1989 , before me On the day of 1989 before me personally came ADAM F. GATZ, to me knowr personally came ADAM F. GATZ , to me known to be the pers;." described ca„u w 1,i= tilt N=rsa,-, d__acribcd u .d appointed attorney in fact in and by appointed attorney in fact in and by a certain power of attorney executed a certain power of attorney executed by PATRICIA G. KASOLD and to be re- by PAMELA D. GATZ and to be recorded corded in the Office of the Clerk of in the Office of the Clerk of Suffolk Suffolk County simultaneously with County simultaneously with the fore- foregoing instrument and has ack- going instrument and has acknowledged nowledged to me that he has executed to me that he has executed the fore- the foregoing instrument as the act going instrument as the act of the ^f them said PATRICIA G. KASOLD. said PAMELA D. GATZ1 . NotaryvPublic L1SA J.MACARI ork ZN(o�t Public LISA J. MACARI Notary Public,state 1 New Y Notary Public,State of New Yca No,493038 No.4930381 Qualified In Nassau Countxx�� Qualified in ues Apr•�8IQ COM-Aselon Expires Apr..181Q_b Cpmr�ission ExP District 1 . 000 �iargaftt and bate ErPd SECTION 113 . 00 W1111 COVENANT' AGAINST GRANTOR-s ACTS TITLE No. CR LS$7TIrLE No• Lj7� BLOCK 02 .00 ADAM F. GATZ , CORNELIA H. GATZ , LOT 001 .001 SUSAN M. KOWALSKI , WILLIAM A. COUNTY OR TOWN Suffolk GATZ , PATRICIA G. KASOLD and PAMELA D. GATZ TO Recorded At Request of KIT REALTY INC. First American Title Insurance Company of New York RETURN BY MAIL TO: STANDARD FORM Of NEW YORE aOARD Of TITLE UNDERWRITERS LOUI S J. MACARI , ESQ. nr,trrbwad by P.O. Box 6 First American Title Insurance Compally 95-06 Roosevelt Avenue of New York Jackson Heights , NY 11372 Zip No. W v O V a , 121�, .. s W , u s N N_ W W N W � I JUL 2 7 I9b9 i SWM LD TOVVN AUTHORIZATION PLANNING BOARD That PETER S. DANOWSKI , JR. , ESQ. , is hereby authorized to sign in behalf of KIT Realty, Inc . a domestic corporation, any documentation with regard to applications and/or affidavits made to the Town of Southold. P�- y• KIT REALTY, INC. P0 = c 988 BY OSEPH MACARI, President STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : On the IC? day of June 1989, before me personally came, JOSEPH MACARI , to me known, who, being by me duly sworn, did depose and say that he is the President of KIT REALTY, INC. , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal ; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. ROSEMARIE PALAllO NOTARY PUBIC,State of NewVA No.41.4839836 r Quefified In Queens CountyGLLIL Commission Ex&esA&mmk 23a 19q/ Notary Public MAILING ADDRESS: I, F so P.O.Box 1179 PLANNING BOARD MEMBERS ��� U�IyO Southold,NY 11971 MARTIN H.SIDOR Chair OFFICE LOCATION- Town Hall Annex WILLIAM J.CREMERS G 54375 State Route 25 KENNETH L.EDWARDS • �O JAMES H.RICH III O (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI I�CQU �� Southold,NY Telephone: 631 765-1938�I Fax: 631 765-3136 PLANNING BOARD OFFICE 1 TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: October 18, 2011 Re: Deferred Revenue The Final Plat application referenced below has been accepted by the Planning Board and the funds may be processed to the Revenue Account B.2115.10. Thank you. Project Name & Type Taut Map # Amount Check Date & Number Fields'at Mattituck Final Plat Standard 113-1-1.1 $500.00 8/22/11 -#3229 Subdivision Application Fee Town Of Southold S�V P.O Box1179 Southold, NY 11971 11 * * * RECEIPT * * * ,I Date: 08/12/05 Receipt#: 10520 Transaction(s): Reference Subtotal 1 1 Park& Playground 113-2-1. $135,000.00 Check#: 10520 Total Paid: $135,000.00 AOG 1 5 ZOu � ��Jif101C1 Toy/il T-�� Name: The, Fields Of Mattituck Standard Sub Clerk ID: LINDAC Internal ID:113-2-1.1 1, Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/12/05 Receipt#: 1439 Transaction(s): Reference Subtotal 1 1 Application Fees 113-2-1'. $35,300.58 Check#: 1439 Total Paid: $35,300.58 Name: The, Fields Of Mattituck Standard Sub. Adm-Fee Clerk ID: LINDAC Intemal ID: 113-2-1.1 a MAILING ADDRESS: PLANNING BOARD MEMBERS fjF so P.O. Sox 1179 JERILYN B.WOODHOUSE O�� y0l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • O 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �ij'COU '� Southold, NY Telephone: 631 765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Nevillejown Clerk AUv 1 2005 From: Planning Department South®ld Town Clerk Date: August 12, 2005 Re: Check(s) Enclosed herewith Ware the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# The Fields at Mattituck Stand. Sub. 113-2-1.1 $35,300.58 1439 Admin. Fee The Fields at Mattituck Stand. Sub. 113-2-1.1 $135,000.00 10520 P & PFee i enc(s). r � APPLICATION FOR APPROVAL OF PL a JUL 2 7 1989 To the Planning Board of the Town of Southold: SQU'fl-01LD TOIPYI�J a PLAN NHNIu BO[I 0 The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision Plafn 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 . . . .. . . . . . . . . . . . . . . .. .. .. . . .. . . .. . . . . . . .. . .. . . . . . .. . The Fields at Mattituck . .... ........ .. .. .......... . .... .. .. . .. . . .. .. . . .. .. . . .. . . . . . . .. .. . . . . . .. .. . . .. . . . . ... . 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 Count), 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 . .. .60.4 . . . • , •• . acres. 6. All taxes which are liens on the land at the (late hereof have been paid except . .. . . . . .... . . . .. . . . . .. .. . . .. .. . ... . ...... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . .. . . . . . . .. . . . 7. The land is encuunbered by . .... . . . . .RgRq. . . .. . . . . .. .. . . . . .. . . . . . . . .... . . . . .. . . . . . . ... . .. . mortgace (s) as follows: (a) Mort-agc recorded in Liber . .. .. .. . . . . . . . Pa-c . . . . . . . . . . . . . . . . . . in original amount of $. . . . . . . . . . . .. . unpaid amount $ . . . .. . . . . . . . . . . . . . . . . held by . . . .. . . .. .. . . . . . . . . . . . address . .. .... . . .. . . . . (b) 1lfort;age recorded in Liber . .. . . .. . . Page . . . . . . . . . . . . . :. . . . . . . .•. in ori;inal amount. of .. . . .. . . . . . . . . mipaid amount $. .. . . . . . . . . . . . . . . . . . . . held by . .. .. . . .. .. . . . :address . . . .. ... . .. . . . . . .. . . . . . . . . . . . . . . .. . . . v (c) Mortgage recorded in Liber . . . .. . . . . .. . . . Page . . . .. . . . . . . .. . . . in original amount of . .. ... . .. . . .. . unpaid amount $. .. . . . . .. .. .. .. . . . . . . . held by . .. .. .. .. .. . . .. .. . . . . . . .. .. .. .. .. .. .... ... . . address .. . . .. . .. ... . . . . . . . . .. .. S. There are no other encumbrances or liens against the land except . .. .. . ... .. .. . . . . . . .. .. . None ... . . .. .. .. . . .. .. .. .. .. . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . .. .. .. .. . .. .. .. .. . .. . . . . . 9. The land lies in the following zoning use districts . . . . . . . . . ... . . . .. .. . . . . .. . . .. .. .. ... . . . A—C Agricultural Conservative ... . . .. . . ... . .. .. . . .. .. . . .. . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . .. .. . . . . . . 10. No part of the land lies under water whether title water, stream, pond water or otherwise, ex- cept . . . .. .None . .. .. .. .. ... . . . .. .. . . ... . . . . . . .. . . . . .. .. . . . . . . .. . . .. .. . . . . . . . .. . . . . . .. . 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (sloes not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . . . . . . .. . . .. .... . . . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. ... . . . 13. Water mains will be laid by . . . .. .. . . .. .. . . .. .. . . . . .. . . .. . . . . . . .. . . . . .. . .. . . . . . . . . . . ... . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . . . . . LILCO . • • •• • • • • •. . . . . .. . . . . .. .. . .. . . .. . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . .. . . .. . . and (a) (no) charge will be inade for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "L" hereto, to slioN%, same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Ilit;hway system, annex Schedule "C" Hereto to show same. 18. There are no existitio buildhi s or structures on the laud whichcut not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoinitiv sub- division maps heretofore filed, there are no reserve strips at -Ilse end of the streets-on said existin., maps at their conjunctions with. the proposed streets. 20. In the course of these proceedings, the applicant will oifer proof of title as required by Sec.. 335..of the heal Property Law. 21. Submit a copy oi'proposed deed for lots sholrinn all restrictions,. covenants, etc:-:annex Schedule "D" 22. The applicant estimates that the cost of grading and required public improvements will be $. .. .. .... . as itemized- in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .... .. .... . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". Peter S. Danowski , Jr. , as Agent DATE .. July.25�... .. .... .. .. .. .. ...19 89. f.Q>r. ReA1t.x,. .Inc.. .... .. . . . . . ... . .. . . (N e— A pli t B(. (Signature and Title) . . .R.O...Box..7.79,. . R?��ld ��d.�. .N:Y.. . 111901 (Address) STATE OF NEW YORK, COUNTY OF . .. ... . .SUFFOLK. . . . .. .. ., ss: On the . . . ..?5th , ,,, , .. . day of. .. .. , July . 19. 89. ., before me personally came Pe,tr j?r, S.,;,partpw.$y�� , �7z, , ,. ..,, . . . to the known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . . . .he executed the same. . . . . . . . . . . . . . Notary Public EU£1`ILBRACMN 1ZPu'wc State of N.Y. 2-4 16,Suf.Co. Certiaitatte FR-d in STATE OF NEW YORK, COUNTY OF . . . . . .. . . . . . . :. flew*et Co.M's . . . .. .. . . .. . ss: Temt Ex0m,-,January 31,1A � 011 the . .. . . . . . . .. . . . . . day . .. . . . . .. . . . of . . . . . .. . . .. . . ., 19. .. . . ., before the personally came • . • • • . . . . . . . . .. . . .. . . to me known, who being by me duly sworn did de- pose and say that . . . .. . . .. .. . resides at No. . .. .. . . .. . . . . . . . . . . . . . . .. . . .. . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . that is the.. . . . .. . . .. . . . . .. . . . . .. .. . . . . . of . . . .. . . . . .. . . . . . . . . . . .r. . .. . . . . . . . . . . . . . . . . . . . . .. .. . . .. . . . . . .. . . . . . . . . . . . . the corporation described in and -which executed the foregoing instrument; that . .. .. . . . . . . . .knows they seal of said corporation; that the seal affixed.by order of the board of directors of said corporation. aril that . . . . . . . . . . . . signed . . . . . . . .. . . .. . name thereto by like order. Notary Public. . . . . . . . . . . . . .. . . . . . . . . .:. : :. . . . . MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE o���F S�UryO! Southold,NY 11971 Chair h Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS N Q 54375 State Route 25 MARTIN H.SIDOR O GEORGE D.SOLOMON 0��, � (cor.Main Rd. &Youngs Ave.) 'rou pm�� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Elizabeth Neville, Town Clerk From: Planning Department Date: August 12, 2005 Re: Check Us Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check# The Fields at Mattituck Stand. Sub. 113-2-1.1 $35,300.58 1439 Admin. Fee The Fields at Mattituck Stand. Sub. 113-2-1.1 $135,000.00 10520 P & PFee enc(s). MAP OF ROSE WOOD ES TA TES MAP NO, 5240, FILED 1124169 ' N/F JOHN KOROL ESKI -- -- AND ROSE KDRDL ESKI ROSE WOOD DRI VE N/F � L, 5645 P, 359 (50' WIDE) ` JOHN Q :Z' -- KDRDL ESKI ' c j � I NIF AND ROSE -t � ti .�, �Lr) M N/F DANIEL V, BRISD T TI AND KDRDL ESKI �' 0� �0 SUFFDL K CDUN T Y MARIA T, BRISD T TI N/F WA TER AUTHDRI T Y L, 10275 P, 333 L, 5645 P, 359 �_J ; N/F I PHIL IP S, N/F N/F DENNIS D, N/F N/F L, 106 90 P, 285 SCHMI T T IBRUND SABA T J THDMAS J, GR � RI CL AIRE EGORY N/F I JR, I A N/F I I WIL L IAM AND AND CARD TARMEY AN SCH I I N/F L S, D � AND � OL AND AND I AL EXANDRO I THDMAS A, KING ; CIECHANO WSKI ;ED WARD MUL RAIN: MA VRIKOSS I 'SUZANNE SCHMI T T SABA T ANNE H, TARMEY JANICE M, KA THL EEN R, N/F L, 7876 P, 28 I L, 8469 R 57 I L, 10195 P, 275 L' 12103 P, 324 CLAIRE SCHOLAND AND JUDY L, AND AND ARGYRD CI ECHANOWSKI JANE STELIDS I �-- ,r�2•oo'so"E � i I L, 10501 � MULRAIN L, 9666 P, 17 I P, �63 I MA VRIKOS 5 I 42P,3s - , , L, 11838 P, 427 L, 10901 P, 424 L, 10747 P, 238 ; MA VROGIORGIS -- -- -- - -- -- -- -- - L, 9440 P, 309 ' 25' WIDE REL OCA TED R,O,W, PER - --— __ MAP OF THE FIELDS AT MA T TI TUCK --— __ MADE BY YOUNG AND YOUNG, LAST -- -- -- -- -- DA TED NOVEMBEF_.2, 2005 N29'05'02"W .► .._' 3 222.42 ALT#2 ROAD — 4 50'Right of / 222.42 Way Line / �g � SP0.37'00"E 240.00' , 50'Right of h�q Way Line \ ✓"� °� }ham: EASEMENT FOR STORM WATER 2eE. s��� z`Obs /a RETENTION - AREA 'A' PER MAP OF THE FIELDS A T MA T TI TUCK MADE BY YOUNG AND YOUNG, LAST DATED NOVEMBER 2, 2005 zI as ` N/F KIT REAL T Y INC, 022 r L, 10833 P, 341 24 I N/F ' CAROL C, KEIL W L, 10116 P, 488 PARCEL III W^� �ho oo ool00 'S 0 � Z Z { 0 ; o o0. 0 50'Right of Way Line N22127'12"W o + 1035.40' - - - - - - -/` \-- I ` ALT#2 ROAD /- N/F \- ♦ IM o CAROL C, KEIL \_ -- — — S22_i7-12-E � a L, 10116 P 488, PARCEL I -��-_ — — — — — — — — — — — — N/F CAROL C, KEIL -- -- -- �-- -- -- -- L, 10116 P. 488, PARCEL I 50' WIDE ACCESS EASEMENT 30 WIDE ACCESS EASEMENT TO BERGEN AVENUE PER 50' WIDE ACCESS EASEMENT TO BERGEN AVENUE PER 60, , 392 AND TO BERGEN AVENUE PER L, 8160, P, 392 AND L, 78200, P, 510 L, 8160, P, 392 AND L, 7820, P. 510 L, 7820, P, 510 , DATE BY DESCRIPTION APPROV. BY REVISIONS Town Of Southold f yLf"� Suffolk County, New York Property r tY of P The Fields at Mattituck Proposed Road Right of Way Plan L. K. McLEAN ASSOCIATES , P . C . CONSULTING ENGINEERS 437 SO. COUNTRY ROAD, BROOKHAVEN, NEW YORK Y� Designed B — Sheet No. 9 Scale: 1 a = 60' Drawn By; LMY Date: August, 2011 Approved By: RRF/CFD File No. 05031,000 _Proposed Road Right of WaY P((an JOHN � � �6 4 5 P, 359 N/F KOROL ESKI Q c,) rti N/F DANIEL V, BRISOT TI AND AND ROSE v nq SUFFOL K COUNTY MARIA T, BRISO T TI KOROL ESKI >jj L, 5645 P, N/F - A TER AUTHORITY L, 10275 P, 333 � 359 PHILIP S, L, 106 90 P, 285 SCHMITT BRUNO AND AND SUZANNE SCHMI T T Proposed East Proposed L, 7876 P, 28 L, 8, s22°oo'so"E Retaining Wall PROPOSED Exercise Trail TIMBER 2,38 and uid all RAILING ROAD BLOCK Proposed East EL O TE E opo Limits of a Ing TH EL D I C erlin an C acing M DE BY YO A Y �' ��O `l D O 30 W 36 '° "' 3 o T#2 PROPOSED PROPOSED v o � V RESIDENCE DRIVEWAY 2 Z O 2 (�ROOF UNE 50' Right of 32 8 PROPOSED Way Line 8 PI DRIVEWAY '` S20°37'00"E 6\ n CRUS � 10'WIDE rr N �!� TI ASPHALT `lJ N �p s„s 38— 50' Right of _i ACCESS ROAD PROPOSED ^ 4 Way Line TO DRAINAGE / � � •""� RESIDENCE t i `42 BASIN Nt ROOF LINE L•• a 46 x u V7 t� . , - Iv 0 n O �€ •� M EA SEMEN T O S TOR os a v RETENTI - AREA -— • os PER MAP OF THE FIELDS �� ,°o�� PROPOSED MA T TI TUCK MADE B Y YOU gPr. posed Wes R°°` AND YOUNG, LAST DATED ��� R ining Wall NOVEMBER 2, 2005 �a d uiderail 3 � e PROPOSED ^^ - C-) DO /\ RESIDENCE UNE Proposed West LOW POINT ELEV= 25.89 Limits of Grading Ln C:) M and Clearing C! LOW POINT STA=5+46.69 / rn (� 50 , CO PVI STA= 5+66.66 0 CO vi `n U U + M PVI ELEV=21.99 r iLi d' U m m w A.D. = 10.59 O U > 11 00 j > K=28.33 UJ W CO W a) ELEV 45.19 PVI STA=0+ 5 rn ... .. ... .. ...... 40 _.. .-- _ .. _ __................ _.... ... - - - - ........................_._-..-_.-....-.-....... ..-... __... ...-... . . -... .... .... - . .. O HIGH PP I T STA = 1 +37.33 P I ELEV=44.55 c0 + M co ti Uj IPVI STA=9+71. 0 Iy 00 A.D. _-2.10 m + 001 U j PV ELEV=46. 00 K=28.57 d > W =D 73 U U �o�o K=28.012 _ NI NI > m . m �O' S9 0 Top Elev.=31.0' Centerline Grade East Retaining Wall �y Top Elev.=27.0' 30 13 00 8.5' b Wes Retaining Will Pr = 3+ 3 . ' M. 0 I 1:t 14 00 f 20 10 ,FP DATUM ELEV 5.00 N M M I� 0) 0 ti et O) 0) O N N �' CO d' 00 N W C O 0 0 I- 0 O N 0 0 0 0 LO U) N 0 0 0 M co 1- N O N O N O 0 0 0 0 M 0 M 0) 1� . 0) N 0 0 CD O O c. u7 � N M � � M M N O p � 0 � 0 0 O) � 0 0 � � � � � � h 0 CON � � e- � M � �r C6 LO 4 LO 6 er LO M co M M N N � N � � � � � M MM MM MM NC,� NN NN NN NN NN NN NM MM � M M � �t 'Itdt � d "T � � v � � � � � � � DATE BY DESCRIPTION APPROV. BY REVISIONS 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 Town �f Southold Suffolk County, New York O O p ti CO U? CO O Un O CD M O Ln CO 0) 0� Ci Property of U) 0 N CO �t � N CO CO CD � � CD r- CO � � N N �t LO LA � 00 N N N N co M M M N N N N N N N M rr v " The Fields at Mattituck 2011 Proposed Road Plan and Profile Cp .- N CM Ln 00 M 7 �fi M CO 0) M CO O N 1� h M M N O L. K. 7�� Lt7 N 0 0 U� M O 0 r� Liz Ct M LO Ln O CV M LO LO M M CM N C L A ASSOCIATES , P . C . v M M M M M M N N N N N N M v v I CONSULTING ENGINEERS .� 437 SO. COUNTRY ROAD, BROOKHAVEN, NEW YORK Designed B — Sheet No. ALT 2 ROAD (Sta. 0+00 t® 13+00 9 Y Scale: g _ SCALE: HORIZONTAL 1"=60', VERTICAL 1"=6' Drawn By LMY Date: August, 2011 Approved Byl RRF/CFD File No. 05031,000 2 •-2011 Proposed Road Plan and Pro)f!!e d- d- 13 00 PT =I r3+ 3, Dc"Q O 1UD ' 14 00 00 un Q CD Q Proposed East o. Limits of Grading 5 00 --Q and Clearing 50' Right of Proposed Way Line Centerline N22.�'12„W w ALT#2 ROAD o 38 y a a S22'27'12"E O N 44 1028.32' 50'Right of Proposed West N/F Way Line Limits of Grading CARDL C, KEIL L, 10116 P, 488, PARCEL I 30/ WIDE ACCESS EASEMENT 50' WIDE ACCESS EASEMENT TO BERGEN AVENUE PER TO BERGEN AVENUE PER L, 316 0, P, 392 AND L, 8160, P, 3 92 AND L., 7820, P, 510 L, 7820, P, 510 _ i C•,� L � 0 50 + Ch00 w � N Cn Lo E U U W N co i m W co LO . .. _._.. _._.. .... ! m... ... .._.. _ . W 6i a U ()i U 1 > > V W ��o/Q O m C° w HIG POINT ELE HIGH DINT STA 17+98.65 40 P I STA= 17+ 1.53 LOW POINT ELEV=39. 7 VI ELEV=41.27 LOW POINT STA= 15+0 .07 A.D. =-2.4 PVI ST = 15+07.50 . . .._.._._......... . ..... . ...... K= 28.30 . PVI ELEV= 39.22 A.C. =3.16 K 28.46 30 20 _ .._ 10 c'Ef— 1 1D111 roo ON OO 00 N � OM co ~ � � tiM � � ON � � co C� M COO � '� � M (h � 00 CnM � O 1- LO LC) M NN OO - N CO C? Cfl O O O CO c— co L N 00 Cf) N l0) CC) M O CO co O I� .— M CM N Nr r p Oaj OCi 00 OO � � NN MC'i � � � M MM Mvi MN NN NN N 1 � � � � Oi- OO 00 00 OO) d70 OCA � � � � � 6 It M M M M � � � a d ' �, � d ;� �t �r I It � 't It M � cM C.,1 M Ch M M DATE BY DESCRIPTION APPROV. BY REVISIONS 12+00 13+00 14+00 15+00 16+00 17+00 18+00 19+00 20+00 21+00 22+00 23+00 24+00 25+00 26+00 Town of Southold l Suffolk County, New York O O ao M M M co M C� CD N ti N! N ti M O Cfl O Property o f N N N N O O O N CM M d d M M co N N N e' O O O O O O co ca: The Fields at Mattitucl� M M M M 2011 Proposed Road Plan and Profile N o N M CR N OOR Lq Co r Co N 0� Ci O L. K. McLEAN ASSOCIATES , P . C . N N M M co co N N N � � O O Cn O O O M co It �r � '� tt �r �t d' � •� d' d- 'a' 't � d' It co M M M M CV CONSULTING ENGINEERS IM 437 SO. COUNTRY ROAD, BROOKHAVEN, NEW YORK Y� Designed B — Sheet No. 9 Scale: 1" = 60' L. 2 ROAD (Sta. 13+00 to 26+53) Drawn Bye LMY Date: August, 2011 2 SCALE: HORIZONTAL 1"=60', VERTICAL 1"=6' Approved By. RRF/CFD File No. 05031,000 21 Poll Proposed Road Plan and Prcofile ROSEWOOD DRIVE �� r ------------------ �. / _ I I I I •. I I I I I I 1- W I I I I I I I EXISTING PROPOSED DOUBLE 6'WIDE I I I I MAP OF ROSEW17CD ESTATES TIMBER , I i I MAP NO. 5240, FI'ILED 1124169 -6' HT. -CHAIN RAILING LINK FENCE ROAD BLOCK SWING GATE I { I I I I I I 1 { S22'20'07'E 544.80' S20.30'20'E . 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RETAIL SALES AND RESIDENTIAL TOWN OF SOUTHOLD d DEVELOPMENT SHALL NOT BE PERMITTED IN Suffolk Co., New York LOT 27. The Fields at Mattituck Ul 2010 Improvements FINAL CONCEPTUAL PLAN i� s L. K. McLEAN ASSOCIATES, P.C. v CONSULTING ENGINEERS 0 437 SO. COUNTRY ROAD, BROOKHAVEN, NEW YORK 0 9 Y CFD Scale: 1 =80.1 Sheet No. .-+ Designed B C') o Il LO Drawn Byt LMY/YD Date: AUGUST 2011 0 Approved By+ CFD File No. 05031,000 f VI* IN UUUBLh b'VVIUh I IMOCK 6' HT. -CHAIN RAILING LINK FENCE ROAD BLOCK SWING GATE - E PROPOSED DOUBLE R.C.A. ACC'E 6'WIDE -6' HT. - was CHAIN LINK FENCE AD FOR DRAINAG SWING GATE &4' WIDE SIDE GATE SEMENT FOR STORM VATER RETENTION REA 90,300 Sq. Ft.-,/ 10' WIDE ASPHALT ,�-',CCESS ROAD TO DRAINAGE B� 5TING DRAINAGE 1ARGE BASIN WITH AETER CHAIN LINK FENC C) (�j NSA C) cu IN, IRt R"M c5 0i 06 --I +> 126 E PROPOSED 24'WIDE ASPHALT DRIVE(ALT RNIATIVE#2) C3 U C 0 U d C) 0i _y U DATE BY DESCRIPTION APPROV. BY REVISIONS C3 TOWN OF SOUTHOLD Suffolk Co., New York LA The Fields at Mattituck 2010 Improvements Q) FINAL CONCEPTUAL PLAN — ALT. I & 2 L. K. McLEAN ASSOCIATES, P.C. CONSULTING ENGINEERS C) C) 437 SO. COUNTRY ROAD, BROOKHAVEN, NEW YORK DEC 14 2010 Designed By. Sheet No. C) CFD Scale: U-) C) Pill Drawn Byi LMYIYD Date: December 13, 2010 In E Approved Byt CF.D File No. 05031.000 MAILING ADDRESS: PLANNING BOARD MEMBERS QF SUUry� So uP .h 1Box 1179 11971 DONALD,J.WILCENSKI �Q lO Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G �p 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ycDUNT`1,� Southold,NY Telephone: 631 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 14, 2012 Mr. Chris Dwyer c/o L.K. McLean Associates, P.C.. 437 South Country Road Brookhaven, NY 11719 Re: Proposed Amended Covenants and Restrictions: The Fields at Mattituck Located n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Mr. Dwyer: The Planning Board reviewed the application referenced above at their March 12, 2012 Work Session. to discuss the recent request to amend the covenants to allow for a road through the open space. Upon consideration of this, they are unwilling to allow for a road through the Proposed Agricultural Use Area if the.applicant wishes to retain the right to develop the reserved area located next to Bergen Avenue with a residence. If you have any questions regarding the above, please contact this office. Very truly yours, XGjv� S� Alyxandra abatino Planner cc: Heather Lanza, Planning Director Planning Board Southold Towrn ,anning Board Work Session - Page Tv.- March 12, 2012 _-_._.......___...___..............__..___......._-..--_.. ._._.__.._-_,.:_._.._..—. _...=.w:�:m __ ... ... --._..___._._....___ —___.__..___.._._.................—_............_...................__._.._.__.._.-.. (-Pro'ect name: The Fields at Mattituck_�]^_.__.___..T... .SCTM#.._._..._1._000--1.._1._3-2.-1.._ _......................................._......_..... ..._.................J..............._.....---......._....._.._.-.........._............._.__....._-._........._. .......__......................................-_._.._... ...........:.._.... Location:_ n/o Bergen Avenue, Mattituck ._.__......... --.__---- Description: Major Subdivision of 27 lots on a 60.42-acre parcel. _-_ _ __..................__ k Statu .................................. ....................._. ......._. ....... . _.. __..._......_....._............. j Action_—_ — _— Review revised request to open a second road through the open space__, Attachments: None _- _._._.............---.--......_........_........----.._..........._....._.............._...................._._............. i Project name: Bayberry Estates SCTM#: 1000-55-6-35, 55-6-36, 1 56-1-1 ................._._...-S_..............................._.........................__.........._...................._........_.__.........-_... _._.. Location: on the west side of Laurel Avenue, approximately 150 feet south of _ _ _ _ Yenne_cott Drive in Southold Description: This proposal is for a Standard Subdivision of a 50.0609 acre parcel into 18 lots and two (2) open space parcels where the lots range in size from 28,235 square feet to 36,400 square feet, with the open space parcels totaling 35.0227 acres, excluding the wetlands in the R-80 Zoning District. __......_...__._..--_-.........._._—_.____._.__..__.._....._._._...__._.__..__....__..___-.__..._.______--._--____._....__.-__.__.._.__.-__—___._..._....____.._.._...._......_..___............_..........._..............._____....__...._..... ___.._.._-- Status_ _ _ _ I Conditional Preliminar r�Approval ._-_._..._.__...._........____._..........._._._.___._. j Action: Review Engineer's comments. _.._............g _..__...._._._..._.._...........................................__......_......._................_..........................__..................__._............._...........__.._.........................._..._................ j Attachments _____._.__ Staff Report Pr ' - - TM#: 1000-114-3-1 o ect name: Matt A Mar Marina SC ................................................_....._.........................................................._. ......................................._....................................................................................._..._..._.................................-........_....._.................................-............_...................................._........................1......................................................1............................ Location: 2255 Wickham Avenue, Mattituck ___..-._......_._.___.._..__.._......_.---_-.._.-_.-----...-.--____--__- Description: _ expansion of boat storage and offices_..__..._._._._._..._.._.._.__..___..__.__..—...._........._..._._..._............................_.........._.__ ...... _.............._............__...._...._..._............__._._............................_... ................._........._........._........................-_......_..._..........._...................................._......_......._..._...._..................._...._..._.._.............._.............._......................._..... Action: Status Up-date; review request for extension. Attachments: Staff Report; Letter Requesting Extension _— _ _ .Project name: _.._..._.....__._.-Pellegrini"at Richmond Creek............ SCTM#: '-1000-86-1-9.1...._.__................. _....................... ..._......., ___...._....___.__._-.....__. 42100 NYS Route 25, Peconic Farm Location: _.._..---..._.__.___._.._._....—._._�_..._ ............_....................._......._...............___._............................ ._...._.............. i Description___ site plan for restoration of an existing barn for wine storage _ Status: ...............__.�_Fin.a....Ap.Proval...........-........_._.__._._._....__._........._.__......_.........._....................................... _ ......_._.._........------...._.................................._._..................................................... ......._............... Action: _ Status Up-date; review request for extension. ........_._....._.__._._....__...._......_-- .__._..__........_.. -- ..__.._..... - ............................._.._..._.__..........___..................._.........._.__................ ± Attachments: I Staff Report; Letter Requesting Extension 3:30 p.m. Executive Session 3:45 p.m. Review Public Meeting Agenda Lanza, Heather From: Scott Stay[ss@winhavengroup.com] L Sent: Thursday, October 27, 2011 5:34 PM To: Lanza, Heather Cc: Jonathan Winston; Tony Macari (tmacari@winhavengroup.net) Subject: [New Sender-]-The Fields at Mattituck-Winhaven Associates Public Hearing -Message is from an unknown sender Good Evening Heather- This email serves as our formal request to postpone the public hearing for The Fields at Mattituck Planning Board Application to add a secondary road. Please reply that you have receive this request at your earliest convenience. Best Regards, Scott Scott M. Stay I Winhaven Group LLC 590 Madison Avenue, 21st Floor I New York, NY 10022 +1 212.521.4016 Office +1 212.247.2447 Mobile OCT 3 1 2011 #10432 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 3rd day of November, 2011. Pri ipal Clerk Sworn to before me this day of 11. `LEGAL NO LICE, �,s � Notice o�PnbLcsHearang ' TICEjIS HEREBY GIVENsthat . a g� ant an Ft�o'Sctto' sua n�276gof� eTown; aw d�Anc�leeXV o the Code of the; T of5�outiol apubhc h anng vill e heldbUte Sottholi Townlamm�gti aa, q,Town I�3all JJIainFRoad CHRISTINA VOLINSKI Ht..Joutl old Neyv Fork o the 14tFi�da of�` +i } � �� ,� NOTARY PUBLIC-STATE OF NEW YORK ��lYovember,Ztlll�on they ques�ton+of the followmg ; No. 01-V06105050 430 pmAR posedit Lme lbdi£ '° Qualified In Suffolk County cation°for,shiers Island Development Co &1tMalinowskt loeated on a iow My Commission Expires February 28,2012 o Rof O entahAvenuekrshers Island 0 oid'Sou hol �Co sty;ofuffolk State orNe 'orkY{Snffollt County Tax. m `oposedAmendme�ntst°j the Covenants & RestrtctioMns for 3 ro aids Mattlituck ocatedzn/o Bergen, Ave ck?own�o s outhoTd Coun o, uffolk State of�ew York '. -`mac*' +rzii6f� x�`-F uffo CountyTaxryMap Number 1t100 1321� y • v 4 34 p m oposed,Sit'j Pyjan for the r Noth"For Self Storage Car�or locat edAt�50 Commerce Drive j_-;utchogue Town of Sodtholdt C,ountyn of=Suffolk a Sta"te of NeYork Sdf�olk Cotinty�ax 3 �36 p m�*Yroposed Site�Plan��for t7ie�e �VU Gran Villa Rdstaur nt, ocated xat„ h13000 W Route 25t t100 East of Lovet.' Iarie� Matrituck ;to pf Southod Connry,of Suffolk State+lof New York: ��Suffolk Coutity Tax Map Number 1000 �t1°4c1'1`12� VP '1?a ea 1bl,'Of rya y zY' C t *' f y iBxORDER OFTHE `f {SOUTHOLDTO�VN e K PLANNING BOtIRD at 16 Sidor, =lk 'pry. sdu "'rt: 1Od32 1T.11%3 u �s.. x jz AILING ADDRESS: PLANNING BOARD MEMBERS ��0�SO(/lyo MAILING Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex KENNETH L.EDWARDS • �O 54375 State Route 25 JAMES H.RICH III w` (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI I�couff ,`v Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of November, 2011 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Fishers Island Development Corp. & Malinowski located on a r.o.w off of Oriental Avenue, Fishers Island, Town of Southold, r County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-11-3 & 5.1 4:32 p.m. Proposed Amendments to the Covenants & Restrictions for'The Fields at '' Mattituck located n/o Bergen Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-113-2-1.1 4:34 p.m. Proposed Site Plan for the North Fork Self Storage Carport located at 50 Commerce Drive, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.4 4:36 p.m. Proposed Site Plan for the La Gran Villa Restaurant located at 13000 NYS Route 25, ±100' East of Love Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-11-12 Dated: 10/19/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 3, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Randolph, Linda ....... From: Candice Schott[cschott@timesreview.com] Sent: Thursday, October,20, 2011 10:12 AM To: Randolph, Linda Subject: RE: Corrected Legal ad for 11/3 edition of Suffolk Times Hi Linda, I have received the updated notice and we are good to go. Thanks! Candice From: Randolph, Linda [mailto:Linda.Ra ndolph@town.southold.ny.us] Sent: Wednesday, October 19, 2011 2:09 PM To: Candice Schott Subject: Corrected Legal ad for 11/3 edition of Suffolk Times Importance: High Note changes to the hearing times: Please use the attached ad and confirm receipt. Thank you. Linda From: Randolph, Linda j Sent: Wednesday, October 1.9, 2011 12:04 PM To: 'Candice Schott' Cc: Lanza, Heather Subject: Legal ad for 11/3 edition of Suffolk Times Please print the attached legal ad for the November 14, 2011 Planning Board public hearings in the November 3, 2011 edition of the Suffolk Times. An email confirmation of receipt will be appreciated. Thank you, Linda Randolph, Secretarial Assistant Southold Town Planning Board 765-1938 10/20/2011 PLANNING BOARD MEMBERS QF SO!/ nrLarT.nvG ADDRESS: �� rjyO P.O.Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair ' OFFICE LOCATION: WILLIAM J.CREMERS A Q Town Hall Annex KENNETH L.EDWARDS • �O 54375 State Route 25 JAMES H.RICH III ��� t (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI C�U ,� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of November, 2011 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Fishers Island Development Corp. & Malinowski located on a r.o.w off of Oriental Avenue, Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-11-3 & 5.1 Dated: 10/19/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, NOVEMBER 3, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The New London Day Page 1 of 1 Randolph, Linda From: Labasi, Mary[M.Labasi@theday.com] Sent: Wednesday, October 19, 2011 2:28 PM To: Randolph, Linda Subject: [New Sender-]-RE: Corrected Legal ad for publication in The Day-Message is from an unknown sender Attachments: 351588-12443 revised proof.doc Revised proof is attached. Mary Labasi, Legal/Milestone Clerk The Day Publishing Co. Legal Line: 860-701-4292 Fax: 860-442-5443 From: Randolph, Linda [mailto:Linda.Randolph@town.southold.ny.us] Sent: Wednesday, October 19, 2011 2:11 PM To: Legal Subject: Corrected Legal ad for publication in The Day Note the change to the hearing time: please use the attached ad and confirm receipt. Thank you, Linda From: Randolph, Linda Sent: Wednesday, October 19, 2011 12:16 PM To: 'legal@theday.com' Subject: Legal ad for publication in The Day Please print the attached legal ad for the November 14, 2011 Planning Board Public Hearing regarding the Lot Line Modification for Fishers Island Development Corp. and Malinowski in the November 3, 2011 edition of The Day. An email confirmation of receipt will be appreciated. Linda Randolph, Secretarial Assistant Southold Town Planning Board 765-1938 I I 10/19/2011 ,. tuxE ue�" x 4�G1 • au , 47 Eugene O'Neill Drive New London,CT 06320 860-442-2200 www.theday.com Classified Advertising Proof Order Number:d00351588 SOUTHOLD TOWN OF-PLANNING DEPT C/O LINDA RANDOLPH P O BOX 1179 SOUTHOLD,NY 11971-0959 631-765-1938 Title:The Day I Class:Public Notices 010 Start date:1 1/3/201 1 1 Stop date:11/3/2011 Insertions:1 I Lines:0 ag Title:Day Website I Class:Public Notices 010 Start date:1 1/3/201 1 1 Stop date:11/31/2011 Insertions:1 I Lines:0 ag A preview of your ad will appear between the two solid lines. 12443 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that,pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold,a public hearing will be held by the Southold Town Planning Board,at the Town Hall, Main Road, Southold,New York on the 14th day of November,2011 on the question of the following: 4:30 p.m.Proposed Lot Line Modification for Fishers Is- land Development Corp.&Malinowskl located on a r.ow off of Oriental Avenue,Fishers Island,Town of Southold, County of Suffolk,State of New York.Suffolk County Tax Map Numbers 1000-10-11-3&5.1 Dated: 10/19/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H.Sidor Chairman Total Order Price:$152.90 Please call your ad representative by 3PM today with any ad changes. Salesperson:Mary Labasi I Printed on: 10/19/2011 Telephone: 860-701-4292 ext 4292 Fax: 860442-5443 Email:m.labasi@theday.com i F STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA RANDOLPH, Secretary to the Planning Board of the Town.of Southold, New York being duly sworn, says that on the 19th day of October, 2011 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 11/14/11 Regular Meeting: 4:30 p.m. Public Hearing for the proposed Lot Line Modification for Fishers Island Development Corp. and Malinowski, SCTM#1000-10-11-3 & 5.1 4:32 p.m. Public Hearing for the proposed Amendments to the Covenants & Restrictions for The Fields at Mattituck Major Subdivision, SCTM#1000- 113-2-1.1 4:34 p.m. Public Hearing for the proposed Site Plan for the North Fork Self Storage Carport, SCTM#1000-96-1-1.4 4:36 p.m. Public Hearing for the proposed Site Plan for the La Gran Villa Restaurant, SCTM#1000-114-11-12 LCL4-. Linda RandolpYi Secretary, Southold Town Planning Board Sworn to before me this day of QJ b , 2011. l Notary Public NOTARY'MELANIE UBLIC,state of New York No.01 D04634870 Qualified in Suffolk County Commission Expires September 30, SO PLANNING BOARD MEMBERS QF (/ MAILING ADDRESS: �� �jflO P.O.Box 1179 MARTIN H.SIDOR �O . Southold,NY 11971 • IO Chair OFFICE LOCATION: WILLIAM J.CREMERS G ,r Town Hall Annex KENNETH L.EDWARDS �O 54375 State Route 25 JAMES H.RICH III ���. (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI Courm,� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of November, 2011 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Fishers Island Development Corp. & Malinowski located on a r.o.w off of Oriental Avenue, Fishers Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-10-11-3 5.1 4:32 p.m. Proposed Amendments to the Covenants & Restrictions for The Fields at Mattituck located n/o Bergen Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-113-2-1.1 4:34 p.m. Proposed Site Plan for the North Fork Self Storage Carport located at 50 Commerce Drive, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-1-1.4 *36 p.m. Proposed Site Plan for the La Gran Villa Restaurant located at 13000 NYS Route 25, ±100' East of Love Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-114-11-12 Dated: 10/19/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLANNING BOARD MEMBERS �QF SO(/Ty MAILING ADDRESS: __a``` P.O. Box 1179 MARTIN H.SIDOR �D�Y Old Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex KENNETH L.EDWARDS • �O 54375 State Route 25 JAMES H.RICH III 0��. (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI &UpM,� Southold, NY Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE October 18, 2011 TOWN OF SOUTHOLD Mr. Chris Dwyer, Consulting Engineer L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 Re:_ Set Public Hearing: Proposed Amended Covenants and Restrictions for The Fields at Mattituck Major Subdivision Located n/o Bergen Avenue, Mattituck 'SCTM#1000-113-171.1 Zoning District: A-C Dear Mr. Dwyer: The Southold Town Planning Board, at a meeting held on Monday, October 17,2011, adopted the following resolution: WHEREAS, this proposal is to amend the Covenants and. Restrictions placed on the 15.49 acre agricultural open space for the Fields at Mattituck subdivision to allow a private road,for residential use to be constructed through the open space, providing a second access for the lots in that subdivision. A second amendment proposed.is to restrict the,building envelope located on Bergen Avenue so that no residential development may occur:there-,be.it therefore, RESOLVED, that the Southold Town Planning Board sets Monday, November 14, 2011 at 4:32 p.m. for a public hearing regarding the map dated August 2011, prepared by L.K. McLean Associates. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Thursday, November 10th. The sign and the post need to We- returned to the Planning Board Office after the public hearing. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Encs. 372 JERICHO CORP . AMENDMENT TO COVENANTS & RESTRICTIONS FOR THE FIELDS AT MATTITUCK 1 000- 1 1 3-2- 1 . 1 Amend the Covenants and Restrictions placed on the 15.49 acre agricultural open space for the Fields at Mattituck subdivision to allow a private road for residential use to be constructed through the open space, providing a second access for the lots in that subdivision. A second amendment proposed is to restrict the building envelope located on Bergen Avenue so that no residential development may occur there. MONDAY - NOV. 143 2011 - 4: 32 P. M . Town of Southo PCICodebookfor. Windows •55-1. Providing notice of public hearings. [Amended 6-3-2003 6y L.L.No.-12-2003 1. Whenever the Code calls for a public hearing this section shall apply iJpon determining that an. application or petition is.complete,.the board or commission reviewing fhe same shall fix a time and place fora public hearing thereon.Notice relating to a public hearing on an application or shall be provided as follows: &•Town responsibility for publication of notice.The reviewing board or commission shall cause a notice giving the time,date,place and nature of the hearing to.be published in the official. newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing nonce.An application or Petition,initiated,proposed or requested by an applicant or petitioner,other than a Town board or commission,shall also be subject to additional notice regiaireaients set'forth.below: (l) The.applicant or petitioner is required to erect the sign provided;by the Towns which shall.be prominently displayed on the premises facing each public or private street which the properly involved in the application or petition abuts,giving.nonce of the application or petition;the nature of the approval sought thereby and the time and place of the public hearing the WPM e sign shall beet back not more than 10 feet front the properly line. t. The sign shall be displayed for a period of not less than seven days immediately. • preceding the date of the public hearing,The applicant,petitioner or his/her agent shall- file an affidavit that s/he has complied with this provision prior to co public hearing. mmencement of the (I) The,applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from an from the ro. y public or.private street p perry included in the application or.petition, Such notice shall be made by certified mail,return receipt requested,posted at least seven days 4 to the date of th initial public hearing on the application or petition-and addresses to the owners at the e addresses listed for them on the local assessment roll.The notice shall include description of the street location and area of the subject property, nature of relief or approval involved,and date,time and place of hearing.The applicant,petitioner or agent shall file an affidavit that S/he has complied with this provision.prior to commencement of the public hearing. l Southold Town Planning Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for an Amendment to the Covenants & Restrictions; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-113-2-1.1; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application will amend the covenants and restrictions placed on the 15.49 acre agricultural open space for the Fields at Mattituck subdivision to allow a private road for residential use to be constructed through the open space, providing a second access for the lots in that subdivision. A second amendment proposed is to restrict the building envelope located on Bergen Avenue so that no residential development may occur there. The property is located n/o Bergen Avenue, Mattituck; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2"d FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; The office will be closed on Tuesday, November 8 & Friday, November 1.1, 2011. 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 14, 2011at 4:32 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: 372 Jericho Corp./The Fields at Mattituck Date: 10/18/11 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s)within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 10/14/11 Re: Proposed Amendment to Covenants & Restrictions —The Fields at Mattituck SCTM#s: 1000-113-2-1.1 Date of Hearing: Monday, November 14, 2011, 4:32 p.m. r �$III "pYp'A V m O1 m Ol N Of{�pt A S A Lf fJ{J�S N N+O O f0 t0 m V m pp oL tSC� c •��ir_ E 1,379,367 MATCH LINE ,Gy'� w, a y0•'' \ do pqqp i I ai dp i3 Z. 3 7 r ° �� i s6' a A•.• \ �20 IS, �5a�e S Nw � 44' Lo cc pPr G/ s l u' - �i S', � �g °`„ a w� �� g�? �' s �� - x �gi / •.�dON \o'�9y O,'� d'�` �,�„�• r � �, 5: � �� /� ° � °�' '/ y � a' s � '� � w � �b,E $ `o'�' •� 'd' �Q,y q,`'��9 w ` s'� I =1 co �I1 gP `' v3 s ° l a �� qw�. dooms d6 �v 3 UGC $ 4 ` � I �ycJ �� � 3 `�' rr p�, a o� 1A' � 'U.'o`•� /y �Z _ `� eH � � ' �'� C ° !, 'po�• N , r °a By`/o a 3.a•, J• •,' d 4 `u & ° w'O � ��,� z fig. � '•� °„ �1 N w 3 ,a �d • 'fic.: I J b Z• � ` ° , e a•�. 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' SEE SEC.NO.112 LINE SEE SEC.NO.112 L PAFdo— s,ec.I.s„1n N. emu�u ------ awmus+e ue --sw-- 1ye�n o�ou�e --N-- vaess waw onera+ise.AUFfwcr— E —�— o- (21) © K toMm OF SOU7HOLD SECTION NO _ NOTICE COUNTY OF SUFFOLK c 2 NN D Real Property Tax Service Agency Y E s�es.m.loll:. ------ ow,rv,�, a O — Nivple(lidliv--fcr-- AAe NYdLVIi MaN1ENlU10EALTERArIon,sMEOR E t39 w 105 y'�`e19� ~� +—� U....—U.. —— —— —D:wi--—A—— PARK 71 vwRq DISTRIBUTION OFANY POR ION OF THE 2 {�W1y Coullfy Center RIveAMdtl.N V 11901 109 N ���� m oa.vTis — UaT 71 SUFFOLK COUNTY TAX MAP IS PROHIBITED et 1,{d�i7At Nt h t psllMtE11 WTHOUT VIRITTEN PERMISSKIN OF THE E1p 0 1pp {Op A i D Pa¢INA D eee1No 121 A(�a12.1A �V+ --- -- PN OabCUm --R-- 114miclvOle0tl1sr--YAV-- AIV84RI1fJL! RF1'eSE SCALE IN FFET M 10.5 ' OledYdAio 12.1 A(e) TiAyel� --- s...ou.fau. --s— REAL PROPERTY TAX SERVICEAGENCY. '766 DISTRICT NO 1000 P 112 11 PROPERTY MAP CONVERSION OATEMm.M . _ _=� ... ..f�� '�' :.,.U,-= �r,z1•.-, a.'..• .fir ..__-�,.,,::f _ _ -,.Y:: .- �' PLANNING BOARD MEMBERS OF MAILING ADDRESS: � SOVry� P.O.Box 1179 MARTIN H.SIDOR �� l0 Southold, NY 11971 Chaim OFFICE LOCATION: WILLIAM J.CREMERS G Q Town Hall Annex KENNETH L.EDWARDS • �O 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI IyOU(n Southold, NY Telephone: 631 765-193 S Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 27, 2011 Mr. Chris Dwyer c/o L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 Re: Proposed Amended Covenants and Restrictions: The Fields at Mattituck Located No Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Mr. Dwyer: The Planning Board reviewed the application referenced above at their September 26, 2011 Work Session and requires the following to proceed: 1. Provide the information required by James Richter from the Office of the Town Engineer (see attached letter); and 2. Use the new version of the Covenants and Restrictions as edited by the Southold Town Attorney's Office (enclosed); and 3. Add road maintenance language to the Covenants and Restrictions. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Heather Lanza, Planning Director Planning Board Encls: Town Engineer's Comments Edited Covenants and Restrictions Page 1 of 1 Sabatino, Alyxandra K. From: Lanza, Heather Sent: Monday, September 26, 2011 1:17 PM To: Sabatino, Alyxandra K. Subject: FW: The Fields at Mattituck-Amendment of Declaration and Covenant Attachments: amendment of declaration and covenant(2).pdf Aly, Please print this for the mail tray if you haven't already.And then send it to the Town Attorney for review (using the official request form). Heather From: Scott Stay [mailto:ss@winhavengroup.com] Sent: Monday, September 19, 2011 3:02 PM To: Lanza, Heather Subject: RE: The Fields at Mattituck- Amendment of Declaration and Covenant Good Afternoon Heather- Attached is the amended Declaration and Covenant for The Fields lot 27. The change that we had our attorney make was to section 1, adding the maintenance requirement to the owner of Lot 27. Can you please forward the comments from the town attorney for us to review? Thank you, Scott Scott M. Stay I Winhaven Group LLC 590 Madison Avenue, 21 st Floor] New York, NY 10022 +1 212.521.4016 Office +1 212.247.2447 Mobile 1 , il 9/27/2011 AMENDMENT OF DECLARATION AND COVENANT THIS AMENDMENT OF DECLARATION AND COVENANT made the day of , 2011 by WINHAVEN ASSOCIATES LLC, a New York limited liability company with its principal place of business located at 98 Cuttermill Road,Suite 350S,Great Neck, New York 11021,hereinafter referred to as the"Declarant", states as follows: WHEREAS,Declarant is the owner of Lots 1-17 and Lots 19-27 on a certain map entitled, "Map of The Fields At Mattituck",which Map was filed in the Office of the Clerk of the County of Suffolk on the.31"day of March,2006 as Map No. 11370, Abstract#15719; and WHEREAS, Declarant's predecessor in title (Kit Realty, Inc.) did heretofore file a Declaration and Covenant made the 20'day of May, 2005,which Declaration and Covenant was recorded in the Office of the Clerk of the County of Suffolk on May 31,2005 in Liber 12389,Page 816; and WHEREAS;Declarant has made application to the Town of Southold Planning Board for the installation of a secondary road across Lot 27 on the Map of The Fields At Mattituck, which secondary road will tie into Stanley Road on said Map; and WHEREAS, for and in consideration of the Town of Southold Planning Board approving the creation and installation of the secondary road across Lot 27, the Town of Southold Planning Board has required that the Declaration and Covenant dated May 25, 2005 be amended as hereinafter set forth; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of Lot 27 and the other lots shown on the Map of The Fields At Mattutuck. -1- NOW THEREFORE, the Declarant, for the purpose of carrying out the intentions above expressed,does hereby make known,admit,publish,covenant and agree that Lot 27 on the Map of The Fields At Mattituck shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs,executors, legal representatives, distributees, successors and assigns,to wit: 1. A private secondary residential road shall traverse the open space on Lot 27 as depicted on the map prepared by L.K. McLean Associates, P.C. dated 2011. 2. The private secondary residential road will not be dedicated to the Town of Southold and will remain private. This road shall be maintained by the then owner of Lot 27 who shall be responsible for the repair and maintenance of the road,including,but not limited to,re-paving and resurfacing,road cleaning, sanding and snow plowing of the road. 3. There shall be no further subdivision of Lot 27. 4. There shall be no retail sales on Lot 27 except for the sale of items produced on the property, and shall be subject to the approval of the Planning Board. 5. There shall be no residential development on Lot 27. 6. This Amendment of Declaration and Covenant shall run with the land and shall be binding upon.the heirs, executors,legal representatives,distributees,successors and assigns of the Declarant. The covenants and restrictions contained herein can be modified only at the request of the then owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing,but their consent to such modification shall not be required. -2- IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year first above written. WINHAVEN ASSOCIATES LLC By STATE OF NEW YORK ) COUNTY OF NASSAU ) ss.: On before me, the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to.be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. -3 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 26, 2011 4:00 p.m. Applications ..........................._........._......_.._......_.....---...................---...- - --- _......__._.................---..._._....................---._..................._..........._........_...__..._._�..__._..._............... _._.........-........._.............._._..........._._..._._._._.._.-_.................__........._..........---._.._.. Project name: Currie, Lawrence SCTM#: 1000-59-6-18.1, 19.1 & __..._..........__............._..___.__..._..---.._._____-..__. (....-.._._._............. _.._.._ 19.2 j Location: on Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in Southold _........... I Description: This proposed Lot Line Modification transfers 0.67 acres from 11'SCTM#1000-59-6-19.210 SCTM#1000-59-6-18.1 and SCTM#1000-59-6- 19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6=18.1 increased from 0.27 acres to 0.67 acres, j and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. i Status: Pendin ` __.._......_......__._....g........................................................._..............._........._.__......................._....._.............................._..._...........................................::......._....................._............_........................:..............._......................._...................................1 f Action' Review referrals, discuss setting hearing at 10/17 public mtg. for 11/14._ I 1 Attachments: ................._._._...._Staff._Report..._____..._..-----__...._..._...._.___. i..........._.._._..................—.._......---_........_..._...._..... ------._......__.—........._...�_._.._.........._.__..__...—_ ....._...---...- --- - .._..._....._.._._....----._._......._.._....._...._..._.....-.-. ;_.Project name: ':The Fields at-Mattituck SCTM#:�_1000-113-2-1.1 ; Location 1 n/o Bergen Avenue, Mattituck j ....... ........ ._...._.. ... __ .._._........_........._..._.._...._..----------......................._...................... _.... _......... _ .._-..._._. Description. _ ( Major Subdivision of 27 lots on a 60_42-acre parcel_ _.__._..._......____. -.----._-_ 1 Status Final Approval -filed map ........ ..............._.__._.........._. ... ..... _----- —..__..._.__................_..---_.............._......._............._..........._ Action: Review proposed C & Rs & Town_Engineer's comments. Attachments: .Staff Report, Draft C.& Rs ______....-.....___._......................_...........-.---.._._.__...--.--.__................._....___._............_.........__...__-.- Project name: ( Fischer, Daniel & Nancy _ _ _ ( SCTM#_ 1000-15-8-1..1 _ — _ j Location 38785 NYS Rt. 25, Orient ` ................._................................................._.._._....................................................................................................................................._............................................... .............................................................................................................................................................. .........................................._.....{ Description: This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where I I Lot 1 = 36,333 sq. ft & Lot 2 = 36,332 sq. ft. in the R-40 Zoning District. ZBA variances (lot area and setback) have been granted for this o ert . i_------ -................. ................. _.......p..._r....._P........_...- - ---- -. ...... ...... . __......_.._....................................----------.._............._._..-----...._........---.............-....-_.-.............. - i Status: Cond. Preliminary Approval -............. __.._.._....__.......... --..._._...._.__..._... -- -- ..... _.. _..._............-...........................__...__._....._........................... - -._......-..._..---..._.._...- i Action_ I Review draft letter to applicant._ _ j ._._..___.__..--.._._._.-.--.-.--.._....._......_._......._._._.__._..--.-----...—__........_.__ Att ........................... ....... Project name: Bayberry Estates SCTM#: 1000-55-6-35, 55-6-36, 56-1-1 -- .._----- _............ ..—_. Location: on the west side of Laurel Avenue, approximately 150 feet south of Yennecott Drive in Southold -----------........_._.._._.......... .___._ Description: This proposal is for a Standard Subdivision of a 50.0609 acre parcel into 18 lots and two (2) open space parcels where'the lots range in size from 28,235 square feet to 36,400 square feet,with the open space parcels totaling 35.0227 acres, excluding the wetlands in the R-80 Zoning District. ._....._._—----------._—.__-._.______.._.___.....__._.......__...._..._._..__._..__.___.._...._..._..___...__ ........_._._........._....—_........._..__._.__._.:___............___.___._..__.._._............................_............. _........__..._.__.__.....____._..--.__-- Status: i Conditional Preliminary ._....._._.—_._......- Approval_ _ -__._____._..._.._...-.---.........._..-...__.............. ---- —._... ( Action _ Consider extending Conditional Preliminary Approval_ ......................._._........._._................_..._............ -- ---._._.._._.__........_._—._..... i Attachments 9/8/11 letter requesting Conditional Preliminary Extension _ __ ...._..._ _... __._ ...... Southoi 'Planning Department Stag Report Subdivision Application Work Session Review Date 9/26/11 Prepared By: Aly Sabatino I. Application Information Project Title: The Fields at Mattituck Applicant: Winhaven ate of Submission: September 1, 2011 Tax Map Number: 1000-113-1-1.1 Project Location: n/o Bergen Avenue Hamlet: Mattituck Zoning District: AC II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site: # of Lots Proposed: N/A III: Action to review. Review Amended Covenants and Restrictions and Engineer's Comments IV: Analysis The Planning Board approved a Standard Subdivision of 27 residential lots in 2006, clustered with approx 50% set aside as open space. Proposed 2"d Road: is approx 1400' long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue (about 70,000 s.f.) Exercise trail: is proposed to run along the new road and then along the eastern boundary of the property. 10' wide made of crushed stone. This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. (Previous C&Rs allow this walking path) Boutique Vineyard: Approximately 18 acres to be planted in grape vines. Although the 2006 C&Rs state: no roads except for a farm road for agricultural only, the applicant has offered to give up a residential lot in.exchange for being allowed to place this private road through the Agriculture Open Space easement. In addition, this road will remain private and not be dedicated to the Town. In earlier discussions there was i also an agreement that no retail sales would occur on the site, however the applicant is now requesting the ability to sell items produced on site. . J Southold Planning Department Statr report Town Engineer's Comments: 1) The proposed new road does not meet.the 28' required by the highway specifications and therefore this road will not be available for dedication to the Town. However, if this road is to remain private, a 24' road section would be considered satisfactory because individual building lots are not indicated and will not require curb cut access. 2) This proposed new roadway is located along an existing maintenance road that is currently used to provide access to the recharge area. In addition, anew. retaining wall has been shown to accommodate this proposed new construction. The capacity of the existing recharge area must be taken into deliberation when determining the final elevation of the road and retaining wall. 3) Drainage designs have not been provided.. A SWPPP must be prepared to meet the minimum requirements of Town Code Chapter 236 for Storm water management. In addition, the proposed disturbance resulting for construction activities and grading of this site will be greater than one (1) acre in area. The developer must prepare a formal SWPPP, submit a Notice of Intent (NOI) and obtain coverage under the SPEDES GENERAL PERMIT FOR STORMWATER DISCHARDES for the DEC. 4) When the SWPPP is prepared, consideration must be given to the size and configuration of the existing recharge basin. My concern isn't that this recharge basin has failed in the recent past. The SWPPP should incorporate previous drainage calculations for the original subdivision design. The SWPPP should fully evaluate the overall effectiveness of drainage design for both the proposed road as well as the original subdivision. 5) Easements need to be required to be provided to the Town for access to and from the recharge basin over this proposed roadway. In addition, the subdivision recharge basin should also be broken out and separated for the 50' ROW to allow for the basin to be dedicated to the Town. The Planning Board should also establish C&Rs to require maintenance of the second recharge area that is located adjacent to the open space. 6) If the applicant wants this road to be controlled as a private road they should not be able to use gates or other means that would restrict or prevent emergency access. C&Rs: 1) Paragraph 2 (e) shall be amended to state as follows: "No street, roadways or other right of ways for non-farming vehicular use shall be constructed or granted thereon except for a private secondary residential road as depicted on the Map entitled "2011 Conceptual Access Roadway Plan"' prepared by L.K. McLean Associates, P.C. dated August 2011." The Secondary residential road will not be dedicated to the Town of Southold and will remain private. 2) There shall be added to, and hereafter included, in the Declaration and Covenant an additional subparagraph identified as 2(m), which shall read and provide as follows: There shall be no residential development of Lot 27 (SCTM#1000-2-1.2). 2 Southoid Planning Department Starr Report 3) Except as set forth above all other provisions of the May 20, 2005 Declaration and Covenant shall remain in full force and effect as currently enacted and recorded. 4) The covenants and restrictions contained herein can be modified only at the request of the owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining owners shall be entitled to notice of such hearing, but their consent to such modification shall not be required. V: Staff Recommendations • Recommend accepting Town Engineer's comments. • How will the private road be maintained, though C&RS or a Road and Maintenance agreement? • Consider whether to allow retail sales, and if so, what restrictions might be considered (size of retail area, types of products, whether or not retail wine tasting is allowed, etc.) Add the decision to the C&Rs. 3 Sabatino, Alyxandra K. From: Sabatino, Alyxandra K. Sent: Thursday, September 15, 2011 3:27 PM To: 'Chris Dwyer; Scott Stay Cc: Lanza, Heather Subject: RE:The Fields Secondary Road Hi Chris, The Planning Board has not gone over Jamie's comments yet. and might decide not to accept some of his suggestions. After the Planning Board has gone over the comments I can give them to you. You are on the Work Session for September 2.6th to go over these comments and the C&Rs that were submitted. I have also talked to Jamie regarding the 401r.o.w. instead of the required 501 . He is against changing this because it is not in the Town Code. We also need to know how the road is going to be maintained. The Planning Board will decide if it is going to be through the revised C&Rs or though a Road and Maintenance agreement. If you have any questions, please do not hesitate to call. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: (631) 765-1938 -----Original Message----- From: Chris Dwyer [mailto:cdwyer@lkma.com] Sent: Thursday, September 15, 2011 10:26 AM To: Sabatino, Alyxandra K. ; Scott Stay Cc: Lanza, Heather Subject: Re: The Fields Secondary Road Good morning Aly Could we get a copy of Jamie's commenta that were brought up at work session? Thanks Regards Chris Sent from my Verizon Wireless B1ackBerry From:. "Sabatino, Alyxandra K. " <alyxandra.sabatino@town.southold.ny.us> Date: Thu, 8 Sep 2011 15:14:36 -0400 To: Chris Dwyer<cdwyer@lkma.com>; Scott Stay<ss@winhavengroup.com> Cc: Lanza, Heather<heather.lanza@town.southold.ny.us> Subject: RE: The Fields Secondary Road Hi Chris, You do not have to submit- revised copies of the map. See you on Monday. Thanks, Aly Alyxandra K. Sabatino Southold Town Planning Department 53095 Route 25 1 PLANNING BOARD MEMBERS �F SO(/ MAILING ADDRESS: �� lyo P.O.Box 1179 MARTIN H.SIDOR Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex KENNETH L.EDWARDS • �O 54375 State Route 25 JAMES H.RICH III Oly (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COU�Y 1�,� Southold, NY Telephone: 631 765-1638 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2011 Mr. Chris Dwyer c/o L.K. McLean Associates, P.C. 437 South Country Road Brookhaven, NY 11719 Re: Proposed Amended Covenants and Restrictions: The Fields at Mattituck Located-n/o Bergen Avenue, Mattituck SCTM#1000-113-1-1.1 Zoning District: A-C Dear Mr. Dwyer: The Planning Board reviewed this application at their September 12, 2011 Work Session and agreed to the following: 1. Set a hearing-date at the October 17, 2011 Public Meeting for the November 14, 2011 Public Meeting. 2. Consider amending the previous 2006 Covenants and Restrictions to allow a proposed second road in the Open Space. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Heather Lanza, Planning Director Planning Board Submission 1 Without a Cover Letter Sender: 1 � ✓ Subject: �l C1 G'E CA CIC SCTM#: 1000 - 3 2 I Date: 1 Comments: Y p"// Fro ell ccl -Fla-n �L ^c`1; Page 1 of 1 Sabatino AI xan y dra K. From: Krauza, Lynne Sent: Monday, September 12, 2011 9:43 AM To: Lanza, Heather; Sabatino, Alyxandra K. Cc: Andaloro, Jennifer Subject: Winhaven Associates Amendment of Declaration and Covenant Attachments: Winhaven C&Rs.rtf Here is the final Amendment with Jen's changes in connection with the referenced matter for your use. Please let me know if I can be of further assistance. Thank you. SEP 12 2011 1 Se��i�eld Toga 4` Planning Boar. 9/12/2011 AMENDMENT OF DECLARATION AND COVENANT THIS AMENDMENT.OF DECLARATION AND COVENANT made the day of , 2011, by WINHAVEN ASSOCIATES LLC, a New York limited liability company, with its principal place of business located at 98 Cuttermill Road, Suite 3508, Great Neck, New York 11021, hereinafter referred to as the "Declarant", states as follows: WITNESSETH: WHEREAS., Declarant is the owner of Lots 1-17 and Lots 19-27 on a certain map entitled, "Map of The Fields at Mattituck", which Map was filed in the Office of the Clerk of the County of Suffolk on the 31st day of March, 2006 as Map No. 11370, Abstract#15719; and WHEREAS, Declarant's predecessor in title (Kit Realty, Inc.) did heretofore file a Declaration and Covenant.made the 20th day of May, 2005, which Declaration and Covenant was recorded in the Office of the Clerk of the County of Suffolk on May 31, 2005 in Liber 12389, Page 816; and WHEREAS, the May 20, 2005 Declaration and Covenant restricted the use and development of the Agricultural and Open Space Easement Area (portion of Lot 27), including a prohibition of construction of streets, roadways or other rights of way for non-farming, vehicular use; and WHEREAS, Declarant has made application to the Town of Southold Planning Board for the installation of a secondary road across Lot 27 on the Map of The Fields at Mattituck, which secondary road will tie into Stanley Road on said Map and requires an Amendment to the May 20, 2005 Declaration of Covenant; and WHEREAS, the May 20, 2005 Declaration and Covenant expressly authorizes the Planning Board to modify the covenants and restrictions at the request of the owner of the premises upon the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing; and WHEREAS, the Planning Board considered the Amendment to the May 20, 2005 Declaration and Covenant at a duly noticed public hearing on 2011; and WHEREAS, the Declarant has agreed to relinquish its right to residentially develop that portion of Lot 27 as depicted on the Map of The Fields at Mattituck and has agreed to amend the May 20, 2005 Declaration and Covenant to reflect same;'and WHEREAS, for and in consideration of the Town of Southold Planning Board approving the creation and installation of the secondary road across Lot 27, the Town of Southold Planning Board has required that the Declaration and Covenant dated May 25, 2005 be amended as hereinafter set forth; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of Lot 27 and the other lots shown on the Map of The Fields at Mattituck. NOW, THEREFORE, the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree to the Amendment of the May 20, 2005 Declaration and Covenant and 2 1 shall hereafter be subject to the following covenants in addition to those set forth in the May 20, 2005 Declaration and Covenant which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. Paragraph 2(e) shall be amended to state as follows: "No streets, roadways or other right of ways for non- farming vehicular use shall be constructed or granted thereon except for a private secondary residential road as depicted on the Map entitled "2011 Conceptual Access Roadway Plan", prepared by L.K. McLean Associates, P.C. dated August 2011." The private secondary residential road will not be dedicated to the Town of Southold and will remain private. 2. There shall be added to, and hereafter included, in the Declaration and Covenant an additional subparagraph identified as 2(m), which shall read and provide as follows: "(m) There shall be no residential development on Lot 27." 3. Except as set forth above, all other provisions of the May 20, 2005 Declaration and Covenant shall remain in full force and effect as currently enacted and recorded. 4. This Amendment of Declaration and Covenant shall run with the land and shall be binding upon the heirs, executors, legal representatives, distributees, successors and assigns of the.Declarant. The covenants and restrictions contained herein can be modified only at the request of the then owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be 3 ' entitled to notice of such hearing, but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year first above written. DECLARANT: WINHAVEN ASSOCIATES LLC By: STATE OF NEW YORK ) ) ss.. COUNTY OF ) On this day of , in the year 2011, before me personally appeared , known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public 4 'WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 12, 2011 4:00 p.m. Applications _..........................................................................................................._........................................................................_............................_........................................................................................................................................_...,..........................................................................................................._......................._......................... .Project name: __....._._......_._�..._Peconic Landing Expansion SCTM#: 1.000-35-1_25 _.........................__............ ...b ..__.__._......1....._._..__...._...___._.__...._.... Location: NYS Route 25, Green port _ ...._._..._._.........--............ .............. __._._......... __._......_....._._..._....._...--_-__...._..................................._......................-- ...---- ...._....._...._.._._._..._. Description:- - Proposed expansion the Peconic Landing retirement community. — Status: Pre-submission Action: Applicant will present their plans for the expansion of this site. Attachments: None _._.............._........__.................................:............................................................................._....._.._...._._..........._....._......................................................_.._..-.-................_....-.._........................................................................................................---...-........-....................._...__........................__.... Project name: j FIDCO and Malinowski j SCTM#: 1000-10-11-3 & 5.1 ..........._................................................................................................................__..._..._....._........................................� Location on a r.o.w. off of Oriental Avenue on F. I. ................................_.............._.__......._..............---._........._.................................................-._........................._..__..............................._............ ...._......__...............__....__..._...._..._..........-._.. _._........_.....__..........................................................._........................I._......................... Description: This proposed lot line modification transfers 0.16 acres from SCTM#1000-10-11-5.1 to SCTM#1000-10-11-3. Lot 3 will increase from 1.14 acres to 1.3 acres and Lot 5.1 will decrease from 2.01 acres to 1.85 acres. Status. _ -__ New Application faAction: Accept for review_ ----_ _..._........_-----...._..--.----....-.--.---___._._.___..__._.._._.._.._..._..__._--.--......_._.-._......._.__._.._._... _...._...._......----.._....... -- -..-.. -- -- -_--.... Attachments: Staff Report .............................................................................................................................................:.._..._.._._........,..........._._.....-..._-_...........................................__....._...................... ......_........_..-..........................................................................-...................._........._........_......_................................................... i Project name: I Guadagno, Patrick SCTM#: 1000-27-1-2 ............................................__.T_._..._...................................�........._.....__..._..............._._............................--...._......._........_......_..............._............ � Location: i on the north side of Orchard Street, approximately 1,008' west of Platt ...__..__....--.�..._Road,..!n..._Orient .---- Description: This standard subdivision of a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres inclusive of a 2.5-acre building envelope -.............____-.._..___... ._-..._..Eand 6 acres of subdivision open space. .........__..__._.................._..........._................_...._.....---_....-..._.._......._---........._._-._. Status: Conditional Preliminary Plat Approval _ Action: - Review recent submission by agent. ... ......._...._.._.._.................................... ...................................._................................................__._.._..............-..._...................._.._...._... Attachments Staff ReI.port ._.................._............................_...._............._._..._....._..................,..._..................__._--_._.._......................_._._._................................._.__-_..................................__.._.._........._....__..._......._............._.__... Project name_ : The Fields at Mattituck j SCTM#: 1 1000_113_2-1_..1 _.......-__. I..._._.._.__....._._...__...... ---..._#: Locationn/ . �____________ __-__._____ _ ---------------.........__..._....._........ .....-_-__ I Description_ ---Major Subdivision of 27 lots on a 60.42-acre parcel__ Status Final Approval -filed ma __- i...___._............-_....:__.___..---..__.-. ....._. __ pP_- ___.._...P _._._ __-.._-.._._..._._--....... Action: Review proposed second access road plans and C & Rs recently submitted. ....................._...._..............._.._.........................-........_..........-_....................._....-......_._....................................-_-_-_._.._.._....__...__..........._.__..................._........_--._..__...._........_...._..---..__..__...._..__..._.......---....._.__..__..............................................._._............_...._.............................._ Attachments: Staff Report, draft C & Rs ................................................._..._........................._..._............_........................ ....... ......... ................ ..........__..._._...--....-......................... ...... ......... ..... ......................_._.............._ _...... _ ..._..............................................__._......_.................. ... _.... _._... _.... _...._..._........_........� i Project name: ( Metro....PCS._at._Ju.n.ge._..._............_....-....... _....j SCTM#:....1..._1000-96.-1...-19:1..__.._.._.__.._..............._._...... ................................_.._.._._............._.._..._........._...--.---- Location_--- ---�21855 CR 48,_C6tchogue --- - _.._.__..-_---_._.__.-.._......-_....-_..._..._._....__...._.-.._......_.....__ Description: This amended site plan is for a MetroPCS wireless co-location of ` antennas on an existing 100'-5" monopole with a.proposed pole _._. ._.._.._._._.___. ____......_............__._i extension height of 8'6" in the LI Zoning District. .... ... - Status: j New Application __._............ ----..............- --- ._..-_-.............._...........----......................_........._..-----._....._............__..._............-------_------------...._........................................---._------_-......................_ Action: Review comments to ZBA & completeness review. ..........._....-...._.._....__....._...._...............__.........................._.._.._.._...._..............................---............_............................__....._._........_.........._..................__........................_.-.__.._...--.............................._...................._....-_........._._..._........_............................._...------------..............._.._, Attachments:_._................................. P. Draft Comments, Staff Report ......................................................................I...... ..................-...ra........................................................................._......._...................................... ......................................._..._................................................................................................................_........................................__..................................................� Soutituid Planning Department StM, ..eport Subdivision Application Work Session Review Date 9/12/11 Prepared By: Aly Sabatino I. Application Information Project Title: The Fields at Mattituck Applicant: Winhaven ate of Submission: September 1, 2011 Tax Map Number: 1000-113-1-1.1 Project Location: n/o Bergen Avenue Hamlet: Mattituck Zoning District: AC II. Description of Project Type of Subdivision: Standard Subdivision Acreage of Project Site: # of Lots Proposed: N/A III: Action to review Review Amended Final Plat—Access Road Way Plan IV: Analysis The Planning Board approved a Standard Subdivision of 27 residential lots in 2006, clustered with approx 50% set aside as open space. Proposed 2nd Road: is approx 1400'. long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue (about 70,000 s.f.) (Previous C&Rs do not allow a road to be constructed for residential purposes through the open space area.) Exercise trail: is proposed to run along the new road and then along the eastern boundary of the property. 10' wide made of crushed stone. This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. (Previous C&Rs allow this walking path) Boutique Vineyard: Approximately 18 acres to be planted in grape vines. Although the 2006 C&Rs state: no roads except for a farm road for agricultural only, the applicant has offered to give up a residential lot in exchange for being allowed to place this private road through the Agriculture Open Space easement. In addition, this road will remain private and not be dedicated to the Town. In earlier discussions there was Soubliui f Planning Department Sta',, Report also an agreement that no retail sales would occur on the site, however the applicant is now requesting the ability to sell items produced on site. V: Staff Recommendations • Consider whether giving up a residential development right balances the loss of 1.6 acres of open space that would be occupied by the new road. • Consider whether to allow retail sales, and if so, what restrictions might be considered (size of retail area, types of products, whether or not retail wine tasting is allowed, etc.) • The previous C&Rs do not allow signs to be placed on the Agricultural Open Space easement. Is the applicant going to put up a vineyard sign? • Consider if the proposed 50' width is necessary. If the Board is inclined to consider amendinq the Covenants and Restrictions to allow the second road, we suggest the Board require the draft amendments to the C&R's submitted by the applicant be edited according the Town Attorney's comments (expected on September 12t ). 2 MAILING ADDRESS: PLANNING BOARD MEMBERS OF so�jyo P.O.Box 1179 MARTIN H.SIDOR �Q l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS us Town Hall Annex ]KENNETH L.EDWARDS �QQ 54375 State Route 25 JAMES H.RICH III ���, (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI Mum Southold,NY Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineerinq Inspector From: Aly Sabatino, Planner Date: September 2,.2011 Re: . The Fields at Mattituck Application Name: The Fields at Mattituck Tax Map iVumber: SCTM#1000-113-2-1.1 Location: n/o Bergen Avenue, Mattituck Type of Application: . Sketch Subdivision Map., (Dated: Z Preliminary Subdivision•:Map_.. : (Dated: ) Amended Final Subdivision Map (Dated: ) X Road Profiles (Dated: 9/11 ) Grading and Drainage Plans (Dated:_ ) X Other (Dated: 9/11 ) ) Other (Dated: 9/11 ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: Consider adding second private road. This property is located n/o Bergen Avenue, Mattituck. Thank you for your cooperation. Enc: 1 Proposed Road Right of Way Plan 1 Conceptual Access Roadway Plan 1 Proposed Road Plan and Profile Submission Without a Cover Letter ULU Sender: Subject: "F1 e SCTM#: 1000 - 113 — ` — \ -- a I Date: C�`� 2Ci SEP Comments: 5 Cy P offkr SCOTT A. RUSSELL JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD w TOWN OF SOUTHOLD,NEW YORK 11971 07 Fax. (631)-765-9015 Tel.(631)-765-1560 JAMIE.RICHTER@TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sidor September 9, 2011 Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re. The Fields at Mattituck Subdivision P SEP 20�� SCTM #: 1000— 113—02— 1.1 Southold Town Dear Mr. Sidor: _— _ Plannin�3oar+ As per a request from your office, I have reviewed the Preliminary Road Plan and Profiles, prepared by the office of LKMA Associates, Inc. dated August 2011, for the installation of a new private road associated with an existing Subdivision as referenced above. Please consider the following: 1. The proposed new road is located on existing subdivision open space. Is this a permitted use on preserved land? 2. The proposed new road has been shown with a 24'wide pavement section. This width does not meet the 28' required by the highway specifications and therefore this road will not be available for dedication to the Town. However, if this road is to remain private, a 24' road section would be considered satisfactory because individual building lots are not indicated and will not require curb cut access. 3. This proposed new roadway is located along an existing maintenance road that is currently used to provide access to the recharge area. In addition, a new retaining wall has been shown to accommodate this proposed new construction. The capacity of the existing recharge area must be taken into deliberation when determining the final elevation of the road and retaining wall. 4. Drainage designs have not been provided. A SWPPP must be prepared to meet the minimum requirements of Town Code Chapter 236 for Storm Water Management. In addition, the proposed disturbance resulting from construction activities and grading of this site will be greater than one (1)acre in area. Therefore, this project will require coverage from New York State Department of Environmental Conservation(DEC)under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must prepare a formal DEC SWPPP, submit a Notice of Intent(NOI)and obtain coverage under the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES from the DEC. Coverage under this Construction Activity Permit #: GP-0-10-002 is required prior to the initiation of any work. Please note that the Town of Southold is a regulated, traditional land use control MS4. Therefore, the applicant must submit an MS4 SWPPP and SWPPP Acceptance Form to the Town of Southold for review and approval prior to submission of the NOI to the DEC. Page 1 of 2 1 Martin H. Sidor, Chairman - Planning Board September 9, 2011 Re: The Fields at Mattituck Subdivision SCTM#: 1000— 113—02— 1.1 Page 2 of 2 5. When this SWPPP is prepared,consideration must be given to the size.and configuration of the existing recharge basin. My concern is that this recharge basin has failed in the recent past. Stormwater has overtopped the existing basin and caused flooding &silt damage to down stream residential properties & tidal water bodies. If storm water generated by this proposed.road section is to be added to the quantities of run-off that will be directed to this basin there may not be enough capacity during periods of extreme rainfall conditions. The SWPPP should incorporate previous drainage calculations from the original subdivision design. The SWPPP should fully evaluate the overall effectiveness of drainage design for both the proposed road as well as the original subdivision. 6. Will the road system to the existing Fields at Mattituck Subdivision be offered for dedication to the Town? If they are, easements need to be provided to the Town for access to and from the recharge basin over this proposed roadway. In addition,the subdivision recharge basin should also be broken out and separated from the 50' ROW to allow for the basin to be dedicated to the Town. The Planning Board should also establish C&R's to require maintenance of the second recharge area that is located adjacent to the open space. 7. Will the Planning Board be establishing C&R's for this proposed road? There may be issues related to use that the Board may want to control. For instance, if the applicant wants this road to be controlled as a private road they should not be able to use gates or other means that would restrict or prevent emergency access. If you have any questions regarding this review, please contact my office. Sincerely, James A. Richter, R.A. cc: Peter Harris Superintendent of Highways FROM PHONE NO. SEP. 12 2011 12:33PM P1 nh f/b 7-,�-� -- TR-4-Ca ",S �7. 5 " 67�ec( hlz f-�-07Lff AJ d 11, 1G�o tJ 16 Southold Town AMENDMENT OF DECLARATION AND COVENANT THIS AMENDMENT OF DECLARATION AND COVENANT made the day of , 2011 by WINHAVEN ASSOCIATES LLC, a New York limited liability company with its principal place of business located at 98 Cuttermill Road,Suite 350S,Great Neck, New York 11021,hereinafter referred to as the"Declarant", states as follows: WHEREAS,Declarant is the owner of Lots 1-17 and Lots 19-27 on a certain map entitled, "Map of The Fields At Mattituck",which Map was filed in the Office of the Clerk of the County of Suffolk on the 315t day of March, 2006 as Map No. 11370, Abstract#15719; and WHEREAS, Declarant's predecessor in title (Kit Realty, Inc.) did heretofore file a Declaration and Covenant made the 20"day of May, 2005,which Declaration and Covenant was recorded in the Office of the Clerk of the County of Suffolk on May 31,2005 in Liber 12389, Page 816; and WHEREAS, Declarant has made application to the Town of Southold Planning Board for the installation of a secondary road across Lot 27 on the Map of The Fields At Mattituck, which secondary road will tie into Stanley Road on said Map; and WHEREAS, for and in consideration of the Town of Southold Planning Board approving the creation and installation of the secondary road across Lot 27, the Town of Southold Planning Board has required that the Declaration and Covenant dated May 25, 2005 be amended as hereinafter set forth; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of Lot 27 and the other lots shown on the Map of The Fields At Mattutuck. -I- NOW THEREFORE, the Declarant, for the purpose of carrying out the intentions above expressed,does hereby make known, admit,publish,covenant and agree that Lot 27 on the Map of The Fields At Mattituck shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs,executors, legal representatives, distributees, successors and assigns,to wit: 1. A private secondary residential road shall traverse the open space on Lot 27 as depicted on the map prepared by L.K. McLean Associates, P.C. dated , 2011. 2. The private secondary residential road will not be dedicated to the Town of Southold and will remain private. 3. There shall be no further subdivision of Lot 27. 4. There shall be no retail sales on Lot 27 except for the sale of items produced on the property, and shall be subject to the approval of the Planning Board. 5. There shall be no residential development on Lot 27. 6. This Amendment of Declaration and Covenant shall run with the land and shall be binding upon the heirs, executors,legal representatives, distributees, successors and assigns of the Declarant. The covenants and restrictions contained herein can be modified only at the request of the then owner of Lot 27 with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such hearing,but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day and year first above written. -2- WINHAVEN ASSOCIATES LLC By STATE OF NEW YORK ) COUNTY OF NASSAU ) ss.: On before me, the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. -3- Lanza, Heather From: Lanza, Heather Sent: Friday, May 13, 2011 9:15 AM To: 'Chris Dwyer'; Kalin, Carol Cc: Sco ---/ tt St ; Subject: R fields @Mattituck ternate Road &Winsto Chris, Yes, we will send you the Jan. 18, 2011 letter. With regard to the ped. Beach access, are you saying that it is being taken away? Was it filed with the County Clerk or was it just something that was being planned and now isn't being done? -----Original Message----- From: Chris Dwyer Finailto:cd er t,lkma.com] Sent: Friday, May 13, 2011 8:50 AM To: Lanza, Heather Cc: Scott Stay Subject: Re: Fields @ Mattituck Alternate Road&Winston Thanks Heather. Could you fax or email that list from the Planning Board?I will send the hard copies of plans when I respond to that list. The pedestrian beach access is no longer part of the division of land. Thanks again Chris Sent from my Verizon Wireless B1ackBerry From: "Lanza, Heather" <heather.lanza a,town.southold.ny.us> Date: Fri, 13 May 2011 08:43:25 -0400 To: Chris Dwyer<cdwyer0lkma.com> Cc: <sstay@winhavengroup.net> Subject: Fields @ Mattituck Alternate Road&Winston Chris and Scott, We are waiting for you to submit the request to amend the subdivision as outlined in the letter sent to Scott on January 18, 2011. The Planning Board has not decided yet whether to allow the second road,but was leaning enough towards it that they requested a number of items be submitted to the Planning Board to help them decide. As I mentioned to Chris already, please do not send materials directly to our Town Engineer. All the requested materials must be submitted to the Planning Board, ideally at the same time (items 1-4 in the letter). The Planning Board will refer you to the Town Engineer if they feel a direct conversation is necessary, otherwise they prefer all communication to come through the Board. We are not able to print large format or color, so maps must be submitted on paper. On Winston, Proposed Lot 2 appears to include the area of the flag/r.o.w. and the area of the pedestrian beach access easement in the stated Lot Area of 83,000+/- s.f. Could you please verify that, and also let us know the i area of the flag portion of the lot, c the area of the portion of the pedestri:.._ peach access easement that runs from the flag to the CEHA line? In other words,the area I need for the pedestrian beach access easement is just that part that is outside the flag/r.o.w., and landward of the CEHA line. You can send that information in an e- mail for now, no need to revise any maps yet. Call with any questions. Thanks. Heather Lanza From: Chris Dwyer f mailto:cdMer a,lkma.coml Sent: Tuesday, May 10, 2011 7:58 AM To: Lanza, Heather Cc: Richter, Jamie Subject: Eve Winston Property & Fields @ Mattituck Alternate Road Good morning Heather, Hope all is going well for you. Just checking to see if there is any status update on the two (2)projects that we have engineered for Winhaven Associates LLC.? Specifically the Eve Winston Property Subdivision and the Alternate Roadway (conceptual) into the Fields at Mattituck. With respect to the Eve Winston Property(former Burns Property), our office had finalized a plan for the Town which satisfied the Town Engineer's comments. On the other project we had sent the Town Engineer detailed roadway profiles, sections and an alignment schedule for his review. Any update that could be provided by your office would be greatly appreciated. Thanks in advance. Regards, Chris Dwyer 2 Page 1 of 1 r Kalin, Carol m t� From. Lanza, Heather Sent: Tuesday, May 10, 2011 11:51 AM To: Kalin, Carol 2��1 Subject: FW: Eve Winston Property& Fields @ Mattituck Alternate Road I��AY Attachments: 2011-Alt2-Road Profile-Cross Sections-DRAFT.pdf —�- Please print the attachment(I Ix17 on the copier)and the e-mail for the file(put in mail From: Chris Dwyer[mailto:cdwyer@lkma.com] Sent: Tuesday, May 10, 2011 11:38 AM To: Lanza, Heather Cc: Scott Stay(sstay@winhavengroup.com) . Subject:(RE_ Eve Winston Property&Fields @ Mattituck Alternate Road Thanks Heather. I apologize for not sending to your office. Got caught up talking with Jamie and forgot to follow up. Thanks again. Chris From: Lanza, Heather [mailto:heather.lanza@town.southold.ny.us] Sent: Tuesday, May 10, 2011 11:13 AM To: Chris Dwyer Cc: Sabatino,Alyxandra K.; Richter,Jamie; Terry, Mark Subject: RE: Eve Winston Property&Fields @ Mattituck Alternate Road Chris, I have copied our new staff person on this e-mail. We are taking a look at the Winston file today,and we'll get back to you when we will schedule this for a work session. On Fields at Mattituck:All plans on any Planning Board project should be sent to the Planning Department first,and we will refer them to the Town Engineer. Please send the referenced plans to us,if you haven't already. Heather From: Chris Dwyer[mailto:cdwyer@lkma.com] Sent: Tuesday, May 10, 2011 7:58 AM To: Lanza, Heather Cc: Richter,Jamie Subject: Eve Winston Property& Fields @ Mattituck Alternate Road Good morning Heather, Hope all is going well for you. Just checking to see if there is any status update on the two (2) projects that we have engineered for Winhaven Associates LLC.? Specifically the Eve Winston Property Subdivision and the Alternate Roadway(conceptual) into the Fields at Mattituck. With respect to the Eve Winston Property (former Burns Property), our office had finalized a plan for the Town which satisfied the Town Engineer's comments. On the other project we had sent the Town Engineer detailed roadway profiles, sections and an alignment schedule for his review. Any update that could be provided by your office would be greatly appreciated. Thanks in advance. 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J _...................._......:...._....._..._....._........f......_......................... : :.................._............_:....—.....__.__._....... .. 18+50 25+00 Draft .. ............._._ ..... _... . ........... � DATE BYDESCRII'CIOV............ ................ ....................... nrrrov. a�� REVISIONS Hill 18+00 24+50 <. _.... _ .... ...- _- . __ ........ �_ ___ h . ...............:. .. .. ....... .... _..........:..................._ - _..... ....... ...... .......... ...... ; ......_ .. ........ . .......... .... .... .......... .._......................................... ......... .. ................. . .. . .. .......... r li`lt 11l irtlu<:1 Buffo "1'Ite:o 1�fe.1.l.. z- t 17+50 24+00 - — — c -�-�� � �""'-''�� .......... -!3i 4U CU[JNTItl" RUAU, BRUU[QIA\'EN, NEW YUI'h as ah cr' -U 4 Lanza, Heather From: Lanza, Heather Sent: Tuesday, May 10, 2011 11:13 AM To: 'Chris Dwyer' Cc: Sabatino, Alyxandra icht mie Terq�MMark Subject: RE: Eve Winston Prre & Fields @Mattituck Al emate Road Chris, I have copied our new staff person on this e-mail. We are taking a look at the Winston file today, and we'll get back to you when we will schedule this for a work session. On Fields at Mattituck: All plans on any Planning Board project should be sent to the Planning Department first, and we will refer them to the Town Engineer. Please send the referenced plans to us, if you haven't already. Heather From: Chris Dwyer [mailto:cdwyer@Ikma.coml Sent: Tuesday, May 10, 2011 7:58 AM To: Lanza, Heather Cc: Richter, Jamie Subject: Eve Winston Property& Fields @ Mattituck Alternate Road Good morning Heather, Hope all is going well for you. Just checking to see if there is any status update on the two (2) projects that we have engineered for Winhaven Associates LLC.? Specifically the Eve Winston Property Subdivision and the Alternate Roadway(conceptual) into the Fields at Mattituck. With respect to the Eve Winston Property(former Burns Property),our office had finalized a plan for the Town which satisfied the Town Engineer's comments. On the other project we had sent the Town Engineer detailed roadway profiles, sections and an alignment schedule for his review. Any update that could be provided by your office would be greatly appreciated. Thanks in advance. Regards, Chris Dwyer e� � RES ING AD * D tea, S PLANNING BOARD MEMBEIIS �,`pF SO(/r P.O.Box 1179 MARTIN H.SIDOR ��V� Ol0 Southold,NY 11971 Chair l OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND �Q� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI CnUNV, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE January 18, 2011 TOWN OF SOUTHOLD Mr. Scott M. Stay, Managing Director Real Estate Acquisitions Winhaven Group LLC 509 Madison Avenue—21st Floor New York, NY 10022 Dear Mr. Stay: As you know, the Planning Board met on Monday, January 10, 2011 to discuss your proposal for a vineyard and a new private road to serve the Fields of Mattituck subdivision. To proceed to the next step, the Planning Board will need to review more detailed plans regarding your proposal. The plans should include a detailed road and drainage design. The Board also requests that your plans address the failed slope in the existing drainage basin near which the proposed road would run, as well as the soil windrows that were created to deal with arsenic in the soil. Although the Planning Board has not yet made a decision whether they will amend the covenant and allow the proposed road, it seems that locating the road along the west property line in your detailed plans might be a better choice than bisecting the property with the road. Upon receipt and review of the detailed plans outlined below, the Planning Board will be in a better position to make a decision. Following is a summary of the steps that will be necessary to complete this process: 1. Submit detailed plans for road design and drainage 2. Submit draft covenant amendment language that will accomplish the following: 1'a. allow for private residential road through the open space as shown on the map prepared by... b. Include language that road will not be dedicated to the town and will remain private .,..c. no further subdivision of lot 27 (unless it's already in there). d. add language to covenant— no retail sales, no residential development, and any other language that can clarify what is and isn't allowed in the development area on Lot 27 3. Submit draft amended subdivision map: a. show the proposed road b. show the proposed exercise trail c. notation "no residential development" or something to that effect in the building env lope. (� 4. Submit $500 fee ��f 5. Town Engineer review road and drainage plans Y Mr. Scott M. Stay January 18, 2011 Page Two 6. Town Attorney review amended covenant language 7. Planning Board decision on whether to approve an amendment to the covenant to allow road 8. Public hearing on the covenant amendment 9. Planning Board resolution to amend the covenant with the majority +1 vote 10.Planning Board resolution to amend the subdivision map (conditional approval with the condition being to file the amended covenant and perhaps also obtain SC Health Dept approval) 11.File the amended covenant 12.Submit final plat with liber and page of amended covenant and Health Dept. stamp (if needed) to Planning Board 13.Planning Board resolution granting final approval of the amended subdivision map 14.File the amended subdivision map This is just a basic overview of the expected process. There may be more or less steps involved in completing this application. Please call with any questions. Sincerely, Heather Lanza, AICP Town Planning Director Southold Town Planning Board Work Session - Page Two - January 10, 2011 ...............................................................-._.............................................................................................._.__.._................................................................._.........................._.................._...._........._....__...................._................._...__......................_............................._.........._........__.., ( Project name_ _ FIDCO/Ferguson Museum/Harris SCTM#_ 1000-7-.1-6.1, 7 & 2.10 _ Location: (no #) private road off of East End Road Fishers Island ........ ....... ...... ....................................._....................... ....... ......... ... . . Description: i This proposed lot line change/re-subdivision will transfer a 15,145 sq. ft. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38=2 (SCTM#1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 acres to 1.97 acres. Further, FIDCO Lot 38-7 (SCTM#1000-7-2-10) will y transfer 11,640 sq. ft. to FIDCO Lot 38-2 (SCTM#1000-7). With this second transfer, FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO Lot 38-7 will decrease in size from 7.51 4 acres in the R-120 Zonin District. ........................ to 7.2 ..... ....................9....................................................................._._.............._.........._............................................._............... ....... Status: Open .__............__..__................._._... ---.._............_...._.. -..._.................. ---- __._....—- _......................-...................._--...........--......_—..--.....---..........--...............................-..._..........—......... Action: Up-date on ZBA decision and refer application out for.. _......__.._............__.................__..................._..............._; Attachments:....................................:...-Staff...........Report......_.._._.__........................................................................_............._...._.._...........................................................................................-.__._..........................................................................._..................._._......... ---._......._................_._............__........_....._.............-._.._._..._......................................._......._..._......_.._._.-...._............................__.._....-..__..._................---.._... --- ,.. -- -....._....._..._......_......._....._...---._..._.............................................. -.�....__, Project name: Aries Estates/Tull. ............................................_..........................................�....SCTM#.........._1000-22.-3-2...........................................................................I ........................J..................................,......................................................................................................................... ........ Location: at the westerly terminus of a private right-of-way which extends north _...__......._� from Kayleig-h's Court in East Marion ......................................_..........._........._....................................................................._.................................. ......_................................ ........_....................... ............ Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 = 3.7667 acres, including 1.7229 acres of I open space, and Lot 2 = 7.6751 acres, including 4.6711 acres of open .._.._._........_......._..._..._....._..______.._.__........__._.._..__.._G_._space, in the R=80 Zoning District_ Status: I Conditional Prelimina A.p......_roval............................................................................................................._............. .........................................................................._.__................___..................._..............---- ._..........._...._......_............_.................................rY......... p Action: i Accept applicant's submission re: drainage and refer to Southold Town Engineering InsPector. _........ ..................................._..__...... ......._ -------_ _._......._.:........_...__.................................. _ ..................._............................................. Attachments: None 5:30 p.m. Review Public Meeting Agenda Discussion: Fields at Mattituck - request for a 2"d road 2 Staff Report January 7, 2011 Prepared by: Heather Lanza Project: Fields at Mattituck Subdivision Open Space SCTM# 113-2-1.2 (formerly 113-1-1.1) Proposal (aka Final Conceptual Plan"Alternate 1&2") from applicant to construct the following within the Agricultural Open Space: 1. "Boutique" Vineyard. Approximately 18 acres to be planted in grape vines. 2. Road. Approx. 1400' long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue. ((about 70,000 s.f.)) 3. Exercise Trail. An exercise trail is proposed to run along the new road and then along the eastern boundary of the property. 10' wide,made of crushed stone. This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. Summary of the facts A. Planning Board approved a Standard Subdivision of 27 residential lots in 2006, clustered with approx. 50% set aside as open space (including drainage areas in open space). B. Lot 27=31.38 acres and contains one building lot plus the open space area. a. Agricultural& Open Space Easement=23.759 acres (Uses restricted by Planning Board covenant) b. Building area(any buildings must be here—can include a residence)= 52,672 s.f. c. Drainage easement area(south) = 90,300 s.f. (held by the Town) ' d. Drainage easement area(north)= 189,128 s.f. (held by the Town) C. The developed area(remaining 26 lots and current road)=29.04 acres D. Stipulation of Settlement on lawsuit to grant Final Approval • I have consulted with the Town Attorney on this matter. Assistant Town Attorney Jennifer Andaloro also consulted with-the Town's outside counsel Frank Isler. Mr. Isler represented the Town in the lawsuit to grant Final Approval. A stipulation of settlement was reached after the initial court decision against the Town, and prior to the Town's filing an appeal. The stipulation set forth the restrictions to be included in the covenant. E. Covenant filed on the Agricultural Open Space a. All buildings in the building envelope only. b. No roads except for a farm road for agriculture only.No signs. c. Agriculture, walking paths allowed Staff Report: Fields at Mattitu ,quest for improvements in the Open Spa rea(continued) Second Proposal: "Boutique" Vineyard: The growing of grapes is allowed in the open space with a soil conservation plan to be submitted to the Planning Board. Roads: The covenant specifically prohibits roads to be constructed for any use other than agriculture/farm roads. (See Covenant Section 2(e)). Exercise Trail: Exercise Trails are allowed in the covenant and must be found to be acceptable and necessary by the Planning Board, and require Planning Board approval. Signs: Currently there is a large sign advertising the subdivision lots and the"boutique vineyard" located on the open space. This sign is prohibited by the covenant. (See Covenant Section 2(h)) New information provided from the last staff report: The proposal as first presented was recommended for denial. This new proposal has answered many of the concerns and could be eligible for an approval based on several factors including: 1. The road will remain private,thus there will be no cost to the Town—we can covenant that it is to remain a private road. 2. The subdivision open space required by the clustering of the lots will still be met after the deduction of the area of the new road. 23 acres are required and 23 acres will remain protected. This includes the open space easement area as well as the natural vegetation area around the drainage easements and near the SCWA well. 3. The amount of open space lost to the road (about 32,000 s.f.) may be mostly countered by a much less intense use of the building envelope on Lot 27 for an agricultural storage building rather than residential development. The extent to which this building envelope would be developed in this scenario remains to.be seen. 4. The applicant has offered to restrict development of the building envelope on Lot 27 from residential to agricultural only(an agricultural storage barn). 5. The steep slopes that the proposed road will go through have already been altered to create a drainage basin—they are no longer natural features. 6. The existing advertisement sign on Bergen remains an issue—any sign will require an amendment to the covenant—if the applicant needs a sign there now and/or in the future, they should add this request to their application for amendments. 2 Staff Report:Fields at Mattiti _ -equest for improvements in the Open Spi area(continued) Outline of procedure if Planning Board is considering approval of the proposal: 1. Decide location of the road 2. Request detailed plans for the road, including drainage. 3. Request draft plans for the agricultural storage barn (size and location), including drainage. 4. Town Engineer review the road and building plans. 5. Request a draft of the proposed changes to the covenant be submitted for review, including adding the building envelope for Lot 27 (no residential development, and limiting lot coverage to some extent), and changing the wording about the road; 6. Town attorney review of draft covenant changes 7. Schedule a public hearing on the amendment required to the covenant for the road. 8. Resolution to approve the covenant amendment to allow a road for residential use to cross the farm. A majority plus one vote will be required to allow the amendment. 9. Review a draft of the amended drainage and natural vegetation easement (this should be done concurrently with reviewing the covenant). 1 O.Resolution recommending an amendment by the Town Board to the drainage & natural vegetation easement to allow the road to cross through (condition with approval by Town Engineer and Planning Board). 11.Public Hearing by Town Board on the requested amendment to the drainage and natural vegetation easement. 12.Resolution with a majority plus one vote of the Town Board to amend the drainage and natural vegetation easement to allow the road to cross through (condition on approval by the Town Engineer of the design and drainage). 13.File the amended drainage easement (this can wait to be filed with the amended covenant). 14.Planning Board review of detailed plans for the new road 15.Planning Board review of the covenant amendment including allowing the road, and restricting the residential development 16.Resolution by Planning Board to approve the amended covenant. 17.File the amended covenant (now we can approve the new road) 18.Review & approval of the detailed plans by Town Engineer. 3 Staff Report: Fields at Mattit °equest for improvements in the Open Sp, 4rea(continued) 19.Resolution by Planning Board to approve the-new road 20.Resolution to approve the Exercise Trail (regular majority— it is allowed in the covenant). 21. Applicant submit amended subdivision map for Fields at Mattituck depicting all the agreed-upon changes. 22.Planning Board grant Conditional Final Approval, with the condition being to file the amended covenant and the amended drainage and vegetation easement. 23.Applicant file the amended covenant and the amended easement, and submit them to Planning Board. 24.Planning Board grant final approval on the amended subdivision map. 25.Applicant record the amended subdivision map. (The Town's interest in this property is authorized via the subdivision code in Town Law. There is additional law authorizing the holding of open space interests from General Municipal Law 247 which would require state authorization to alienate land for something like a road,however because there is separate authorization elsewhere,the Town Attorney felt this would not apply). 4 WINHAVEN GROUP January 7, 2011 Ms. Heather Lanza Director of Planning �� Town of Southold 54375 Route 25 I 7 2011 Southold,NY 11971 , , JAN - y RE: The Fields at Mattituck-Proposed Secondary RoadN^�._, n`� Southold Tow I Dear Ms. Lanza: Per our conversation this week, this letter serves to .clarify the decision history and long term goal Winhaven has for the boutique vineyard and proposed secondary road. For the past year we have investigated all options to develop and cultivate the 30 acre lot adjacent to The fields at Mattituck development. Options varied from sod, organic produce, wholesale nursery and vineyard. After consulting local management and development experts the decision was made on a boutique vineyard. The vineyard was clearly the highest and best use for the parcel and the greatest compliment to our development. It is our desire to extend the Bergan Avenue corridor of grand vineyards onto our own 30 acres, add a beautiful secondary entrance to The Fields, all while maintaining the lowest level of noise and visual pollution to the neighboring homes. It is our intention that the developer of the project will maintain 100% ownership over the 30 acre lot and will be responsible for 100% of the costs associated with the parcel. There will be no HOA created from the vineyard and road development to the 26 individual home owners of The Fields. These owners will only benefit from the vineyard by being allowed to participate in the cultivation, harvest and bottling process. For their purchase into The Fields, they will receive an annual allotment of wine and be allowed to create their personal vintages at no cost. In regard to Winhaven's long term goal, we will execute this plan by signing a five to ten year agreement with the best and most experienced vineyard development and management company in Long Island. We will then utilize our neighboring winery, who is already proven to produce some of the region's best wine to create and bottle our vintages. We anticipate that the owner's participation will remain passive and purely a capital source. Concern has been voiced as to the long term future of the vineyard and road. The cost of development and cultivation for the vineyard and the construction of the secondary road are expected to exceed a million dollars. As well, the value of the vineyard will increase with each year as the vines mature and full harvests are achieved. There is no scenario in which we can foresee this parcel being altered, even under new ownership. Such a business decision to forego the large capital investment and value gained from the vineyard over time simply does not make fiscal sense. 590 MADISON AVENUE,21ST FLOOR - NEW YORK,NY - 10022 For the roads future, it has always been expected that the new road will carry a permanent unconditional easement to Stanley Road. Such a recorded easement will insure the road remains open and maintained by any owner of the 30 acre lot in perpetuity. This is an exciting venture for Winhaven that we believe will greatly improve the Bergan Avenue corridor and be the catalyst for success at The Fields at Mattituck development. Very, ly yours, Scott M. Sta , Managing Director Winhaven Group 2 Terry,Mark From: Lanza,Heather Sent: Friday,December 10,201012:27 PM To: Terry,Mark Subject:RE:Field of Mattituck Fallow-Up Do you know if these site visit reports are being printed and put in the subject files? To be official,I would put them through the mail tray..... .................w..._......_...........................__........._...............-__....__.._...._......._....................................._-.__..._................ ......... From:Terry,Mark Sent:Friday,December 10,2010 11:57 AM To:Martin Sidor(E-mail);Ken Edwards(pappy@fishersisland.net);Joseph Townsend(E-mail); William Cremers;Don Wilcenski-Briarcliff Sod Cc:Lanza,Heather;Sadoo,Tamara Subject:Field of Mattituck Follow-Up A site inspection of the Fields of Mattituck was held on December 10,2010. Board members MS, BC and DW attended. MT and TS also attended. The proposed road route was walked. No decision was made in the field. However the following was observed/discussed: 1. Potential road relocation to just s/o the drainage basin(yellow arrow)to avoid ravine. 2. Locating the potential road to the west property line(to avoid breaking up farm/open space) 3. Road drainage would be located within the road bed. 4. Asked builder to repair failed slope on drainage basin.(red arrow) The applicant will submit new concept plans and the Board will discuss the plans at an upcoming work session. b' I j, — ----- -- --- � H , DEC 1 3 2010 Ji it :a a D: : Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O.Box 1179 53095 Main Road Southold,New York 11971 (631)765-1938 Mark.Terrv(&town.sou(hold.nv.0 s 12/10/2010 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, December 6, 2010 4:00 p.m. 4:00 p.m. Applications: ...............................................................................................................................................-...................................................__..........._..............._........................_......................................................................................_..............__........_............................................_._..........................__................................................ Project name: j Fields at Mattituck.-Subdivision SCTM#: 1000-113-2-1.2 _..._......................._......_..............._._....._................_......_..............................._....._....._.._...._._....._........_................._._........._._.._ ____..__......._...._..... -- _: _......__........._._...__:..._._...._._.._..._._..__..__._._........_.._._.. -........._.........._.....................__._..... Location: , The open space area of the property is located on Bergen Avenue, Mattituck. The residential lots are located off Stanley Road. ....._................_...._......__..._._...__.. __-..........._._._._.__......._.._...__-._._.._....__.._.__......_....__..._..._....._.-....._..._._. _. Description: I This 27-lot subdivision was approved in 2006 and contains 23 acres of I space protected by a Planning Board covenant._....................___........... ..... _.-.__....._._._....___! - ..........__..................__.._.._._._.._....._ _..........__..._._ -- Status: i...Final A.PP-roval Standard Subdivision......................... _._.................._.._......................_................_I ..._ ................_....................... .................................. .. ........ ......... Action: I Review proposal_for improvements to the open space area. ...._._..._.__._..........---.._..... -._. . ..__.._.......-.. --- Attachments: ; Staff Report, Proposal, C&R, Stipulation of Settlement (i.n P.B mail) _. ................................................................................................. . ..............__............---............__......._.........--............... _ ........_._ .._..........._...................._-. _............_............ ..........._._._. - - - ...._--.._........3.---._................._..............._......... Project name: Macari Vineyards - As Built SCTM#: 1000....121.....1. 1. ............... ......._..__i . ...................................................._........................................._................,.........................._..........._..............._.............. :............... Location: ! 150 Bergen Avenue, at the intersection of Bergen Avenue and Sound , I Avenue on the north side of Sound Avenue in Mattituc .........................................._..................................................................................................................................................................................._............____........................._..._.................................._.. --...._....__..........._.._......__....................._.....---._.._._....................... .................._......._...._......_................. Description: I This site plan is for additions & alterations to an existing winery on a 5.6 1 acre parcel in the A-C Zone located. .....................__..............._._....._...__..................._. ........................................_.._._..._._...._....._........................._.................... ._...__.....................---.._................--- -._....__........_... _..._..._. ..__............... Status: I Approved Site Plan ----._..... -- ................................._..._............_.__.....----......_....._.............................._..... ........................--................._.......................... Ac................................. ................__._.__._............_..................._.._..._..._.....---_ ........- --------------._............_ _..__..._................-......_............._..._....-------................._......__..._._..._._.__.......__......_..__.._-� Attachments: ; Draft Letter ....................................................................................................._........................................_.__...._................._._............................._....._-_......................................................_......_._._..._......__.._...................................................._..._............._.............._................................._.__................................................................................... .... ._....._...... .. ..... ... -- .................................---..._.._--..........._...--......_ �_ _ -------- -_-..._._.. - Project name: ; T.K. Alpha, LLC Shopping Ctr. SCTM#: j.....1000-140-2.-20...._............................................. r..................................................................................................................4............................_..._..................... ....... ...... ........ .. ...................................... Location: ! 535 Pike Street, on the north side of Pike street, approximately 100 feet i east of Love Lane, in the Hamlet Business Zoning District, Mattituck i........................................................................................... .................'........ .................................................................................... ........_..................................................... _.. ................................................ .....I Description: ' This site plan is for the proposed construction of a 2,573 s.f..mix building consisting of 3 units on the first floor for retail use, 2 at 554 s.f. each and another at 1,200 s.f. and 2 residential apartments on the second floor, 554 s.f. each. In addition, there is an existing 605 s.f. building proposed as a retail use on an 11,561 s.f. parcel located in Mattituck. .............................. -........._._.. -.........._.......-------.................._...._..... _ ._........ .--.---...........................__._........ __..., .........__..........................__.................._..._........._......_...............__._.�_......_................ -......................._.._.. . ._. Status: ! New Site Plan ................................... ........................._.................__............................ ._..._ -- ...-............................................................................................................_.._.......................... Action: I Review site plan_submission. ............._....._.........._...._............_.__......._......._._............._ _.._. ,........................._._....__........_.._..--- _.._.....----..._.__._..__...._._.._...__._....__.._.-_._._..--------- ........_._._..__..........._----...- --......._.. Attachments: !.._Staff.Report..................._._......................................................................................_.._......_........................................................................................................_..............................._. __........__.......... - --- .......-- ---:... --..................... --.._._._..... -._...._....._._......--------._....-----------=._........ .__.....- -----:-- .--.._..---- ...---........__.......-- -Project name: ! Seven Eleven Mattituck SCTM# 11000-142-1-27 ...............-......................................_....................._................................._........._........................................................................................................................................................................................................................................................................................................ .................................................................. I ............. Location: We corner of Factory Avenue & NYS Route 25, Mattituc ---..._....__..__......__... ........__. _:. ...__._...._._..._._......_...._......_..._.----....._. __...._... _._...^_.__._._... __------....._ .............-.-.._.. Description: This site plan is to convert an existing 1,985 s.f. gas station/convenience store to a 2,670 s.f. convenience store (constructing a 685 s.f. addition) on a 24,829 s.f. parcel in the B Zone located on the n/e corner of Factory j Avenue & NYS Route 25, Mattituck. ........_ ......_............._.......--...----.......__..__..._...._....... .._......._.. ---. _._...._..._........._......_...... _..._.... -..._._.................... Status: New Site Plan ........................................:..................._................__......._.........................,.................. .. . ........................................................................_.........._....._....__...._... - ............_..........._............_---...__...._.... ---._............................... ........._._....._...._..........._ .................... !..Action_ ; Review revised site plan... ..__............_...-- -- ._..._................................................................................................................----..............._....---.._..........................._._..._..._........._ Attachments: ; Staff Report _............_.._......_................_._._.---._._.___. 4 LIUKA L . K. McLean Associates, P.C. 437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINEERS (631)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P.T.O.ET1 PRESIDENT and C.E.O. CHRISTOPHER F.DWYER RAYMOND G.DiBIASE,P.E.,P.T.O.ETM EXECUTIVE VICE PRESIDENT ROBERT A.STEELE,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT JAMES L.DeKONING,P.E. ROY R.FULKERSON,P.L.S.,VICE PRESIDENT STEVEN W.EISENBERG,P.E. ALBERT T.DAWSON,P.E.,VICE PRESIDENT ANDREW B.SPEISER December 1 2010 Town of Southold Planning Department l 23095 Main Road Southold,New York 11971 DEC - 8 2010 ATT: Heather Lanza,Director of Planning Re: Winhaven Associates: The Fields at Mattituck Subdivision t. __ a- Revised Plan Showing Conceptual Alternate Access to Subdivision from Bergen Road LKMA Project A 05-031 (Construction Management Services) Dear Ms.Lanza: As Consulting Engineers to Winhaven Associates and in accordance with the feedback from your office, our office has prepared the attached revised conceptual drawing (Conceptual Plan C) to accompany this letter defining the proposed enhancements on Lot#27 (31 acres). The enhancements would include the development of a vineyard and an alternate access road to the Fields at Mattituck Subdivision from Bergen Road. As defined in our earlier correspondence, our client's goal is to create esthetically pleasing enhancements to the front of their property for the surrounding community and residences of the "Fields at Mattituck". The proposed alternate roadway (private) has been positioned so as not to generate any noise or visual (headlight) pollution to the surrounding properties: The paved roadway built to the Town's Highway Standards would also allow for safe access by Town equipment to maintain the storm- water impoundment (recharge basin) situated between Stanley Road and Bergan. The separate roadway in the southeast corner of Lot #27 was changed to a recycled concrete aggregate surface rather than asphalt. The proposed improvements would also include additional subsurface drainage to manage stormwater runoff for the alternate roadway. Having a second or alternate route to the subdivision would also increase access/flow for emergency vehicles and distribute the amount of normal traffic on Breakwater and Cox Neck Road. The exercise/walking trail would stay in its original location and allow for safe pedestrian access from Stanley Road to Bergen Road. Upon your office's review of the attached revised "Conceptual Plan C" defining the above referenced ` improvements, please contact our office to discuss the proposals by the Owner. We will continue to work closely with the Town on this project and contact all involved departments as the development progresses. If you should have any questions upon reviewing this correspondence please do not hesitate to contact this office directly. If you should require any additional information on these requests, our office will be available to meet at your convenience. Very truly yours, � F A�" CFD:cfd Christopher F. Dwyer,Associate Enc.: (1) L.K.McLean Associates P.C. CC: James Richter R.A.,Town Engineer Wenc., Scott Stay,Winhaven Associates w/enc. „ LKMA File Copy w/enc. 1950 1� I e 2p10 Staff Report November 10, 2010 Prepared by: Heather Lanza Project: Fields at Mattituck Subdivision Open Space SCTM# 113-2-1.2(formerly 113-1-1.1) Proposal(aka Conceptual Plan"C")from applicant to construct the following within the Agricultural Open Space: 1. "Boutique"Vineyard. Approximately 18 acres to be planted in grape vines. 2. Building. 11,250 s.f. "clubhouse/tasting room", also identified as an agricultural building(see attached email from applicant to a neighbor for more details on the proposed building's use). 3. Parking areas around the building(80-100 parking spaces)(approx. 28,000 s.£) 4. Road.Approx. 1400' long, 50' right of way with 24' wide asphalt drive to connect to Stanley Road Extension from Bergen Avenue. ((about 70,000 s.f.)) 5. Pond (approximately 120' in diameter—no other details provided. 6. Exercise Trail.An exercise trail is proposed to run along the new road and then along the eastern boundary of the property. 10' wide,made of crushed stone.This trail turns into a 10' wide access drive for the drainage area nearest Bergen Avenue. Summary of the facts A. Planning Board approved a Standard Subdivision of 27 residential lots in 2006,clustered with approx. 50%set aside as open space(including drainage areas in open space). B. Lot 27=31.38 acres and contains one building lot plus the open space area. a. Agricultural&Open Space Easement=23.759 acres(Uses restricted by Planning Board covenant) b. Building area(any buildings must be here—can include a residence)= 52,672 s.f. c. Drainage easement area(south)=90,300 s.f. (held by the Town) d. Drainage easement area(north)= 189,128 s.f. (held by the Town) C. The developed area(remaining 26 lots and current road)=29.04 acres D. Stipulation of Settlement on lawsuit to grant Final Approval(attached) E. Covenant filed on the Agricultural Open Space(attached) a. All buildings in the building envelope only. b. No roads except for a farm road for agriculture only.No signs. c. Agriculture, walking paths, ponds allowed 1 Staff Report:Fields at MattitL-,.�.equest for improvements in the Open Spa rea(continued) I have consulted with the Town Attorney on this matter.Assistant Town Attorney Jennifer Andaloro also consulted with the Town's outside counsel Frank Isler.Mr. Isler represented the Town in the lawsuit to grant Final Approval. A stipulation of settlement was reached after the initial court decision against the Town,and prior to the Town's filing an appeal.The stipulation set forth the restrictions to be included in the covenant. "Boutique"Vineyard: The growing of grapes is allowed in the open space with a soil conservation plan to be submitted to the Planning Board. Buildings: The covenant specifically requires all buildings to be located in the building envelope for Lot 27.No buildings are allowed outside the building envelope. All buildings(other than a single family residence and its accessory buildings)are subject to the Planning Board finding them reasonably necessary for bona fide agriculture and require Planning Board approval. (see Covenant Section 2(i)). This prohibition on buildings in the open space is also supported by Town Law§278,which provides the authorization and purpose of clustering.The purpose is stated as being"to encourage flexibility in design and development of land in such a manner as to preserve the natural and scenic qualities of open lands." . A building placed in the open space resulting from clustering lots would contradict the authorization and purpose of the enabling legislation provided by New York State. Parking areas: The covenant restricts the use of the open space area to agricultural use only and does not permit parking lots to be created.Parking areas cannot be located outside the building envelope(See Covenant Sections I &2(b)(f)) Roads: The covenant specifically prohibits roads to be constructed for any use other than agriculture/farm roads. (See Covenant Section 2(e)). Pond: Ponds are allowed in the covenant and must be found to be acceptable and necessary by the Planning Board, and require Planning Board approval. More details on the pond's construction must be submitted for the Planning Board to review prior to any approvals. Exercise Trail: Exercise Trails are allowed in the covenant and must be found to be acceptable and necessary by the Planning Board,and require Planning Board approval. Signs: Currently there is a large sign advertising the subdivision lots and the"boutique vineyard"located on the open space. This sign is prohibited by the covenant.(See Covenant Section 2(h)) 2 Staff Report:Fields at Mattitr.,___ _equest for improvements in the Open Spc____lrea (continued) Discussion: For the proposed plan to be approved as presented,the Planning Board would need to contemplate amending the covenant.An amendment would require a majority plus one vote of the Planning Board after a public hearing. (See Covenant Section 8). After reading the file,the public hearing minutes, and discussing this with the Town Attorney's office, it is the opinion of the Planning Department that the covenant accurately reflects the intent of the Planning Board at the time, as well as the stipulation of settlement for the court case. Further,the underlying reasons for the Planning Board not allowing the road to go out to Bergen Avenue directly are compelling and rational. It is good planning practice and makes good fiscal sense to use existing infrastructure rather than construct new infrastructure. Maintaining a second road through this property would cost the town more money in the future.More important,the steep slopes that must be traversed by the proposed road are an obstacle. Building in and around steep slopes is generally discouraged and avoided wherever possible. The proposed road would decrease the amount of open space by well over an acre.The Planning Board policy at the time was to preserve at least 50%of the land of major subdivisions as open space.The open space area equals about 23 acres now. Removing another acre brings it down to about 22 acres.This is only about 30%of the entire property,which originally totaled 60 acres. Therefore it is the recommendation of the Planning Department that this proposal for the use of the open space be denied, and any amendment to the covenant be denied. It is further recommended that the applicant be required to remove the existing advertisement sign from the open space(that is also prohibited in the covenant). 3 "5 L11AA L. K. M . J 1, .Lean Associates, P.C. M� 437 South Country Road • Brookhaven • New York 11719 CONSULTING ENGINEERS �v (631)286-8668 FAX(631)286-6314 , Associates EUGENE F.DALY,P.E.,P.T.O.ETM" PRESIDENT and C.E.O. CHRISTOPHER F.DWYER RAYMOND G.DiBIASE,P.E.,P.T.O.ETM" EXECUTIVE VICE PRESIDENT ROBERT A.STEELE,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT JAMES L.DeKONING,P.E. ROY R.FULKERSON,P.L.S.,VICE PRESIDENT STEVEN W.EISENBERG,P.E. ALBERT T.DAWSON,P.E.,VICE PRESIDENT ANDREW B.SPEISER October 25, 2010 Town of Southold Planning Department 23095 Main Road Southold,New York 11971 ATT: Heather Lanza,Director of Planning Re: Winhaven Associates: The Fields at Mattituck Subdivision - 2 6 2010 Conceptual Alternate Access to Subdivision from Bergen Road QC LKMA Project A 05-031 (Construction Management Services) - Dear Ms.Lanza: Sept,,° act Pursuant to my client's conversation with the Town Supervisor Russell and on behalf"of Winhaven Associates our office has prepared the attached conceptual drawing to accompany this letter defining the proposed enhancements on Lot #27 (31 acres). The enhancements would include the development of a vineyard, man-made pond, agricultural building and an alternate access road to the Fields at Mattituck Subdivision from Bergen Road. Lot#27 includes approximately. Our client's goal is to create aesthetically pleasing enhancements to the front of their property for the surrounding community and residences of the "Fields at Mattituck". The proposed alternate roadway (private) has been positioned so as not to generate any noise or visual (headlight) pollution to the surrounding properties. The paved roadway built to the Town's Highway Standards would also allow for safe access by Town equipment to maintain the storm-water impoundment (recharge basin) situated between Stanley Road and Bergan. Having a second or alternate route to the subdivision would also increase access for emergency vehicles and distribute the amount of normal traffic on Breakwater and Cox Neck Road. The exercise/walking trail would stay in its original location and allow for safe pedestrian access from Stanley Road to Bergen Road. Upon your office's review of the attached "Conceptual Plan C" defining the above referenced improvements, please contact our office to discuss the proposals by the Owner. We will continue to work closely with the Town on this project and contact all involved departments as the development progresses. If you should have any questions upon reviewing this correspondence please do not hesitate to contact this office directly. If you should require any additional information on these requests, our office will be available to meet at your convenience. Very truly yours, CFD:cfd Christopher F. Dwyer,Associate Enc.: (1) L.K.McLean Associates P.C. CC: James Richter R.A.,Town Engineer w/enc. Scott Stay,Winhaven Associates w/enc. LKMA File Copy w/enc. 19$0 is LIUKA 4 L. K. M �,ean Associates P.C. 437 South Country Road • Brookhav6n o New York • 11719 CONSULTING ENGINEERS (631)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P.T.O.E.TA9, PRESIDENT and C.E.O. CHRISTOPHER F.DWYER RAYMOND G.DiBIASE,P.E.,P.T.O.E.TM,EXECUTIVE VICE PRESIDENT ROBERT A.STEELE,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROY R.FULKERSON,P.L.S.,VICE PRESIDENT ALBERT T.DAWSON,P.E.,VICE PRESIDENT January 15, 2008 Town of Southold Department of Engineering 53095 Route 25 P.O. Box 1179 Southold, New York 11971 COPY Attn: James Richter R.A., Town Engineer Re: Winhaven Associates—"The Fields at Mattituck" Sub-Division Proposed Street Lighting Plan—Revised as per Town Engineer's Comments LKMA Project: 05031.000 Dear Mr. Richter: As requested by Winhaven Associates, L.K. McLean Associates and pursuant to our telephone conversation, attached you will find three stamped copies of the revised street lighting plan set (3 drawings) as per comments from your office. . The engineer, Ed Armus P.E., has reduced the amount of street lights from twenty (22) to eleven (11) poles (twenty-two 70 watt fixtures). The lightpoles have been situated along intersections of right-of ways (2), the front entrance and the terminus of Fawn Lane. If you should have any questions regarding this submission,please do not hesitate to contact this office directly, Very truly yours, CFD:cfd Christopher F. Dwyer,Associate Enc. (1) L.K. McLean Associates CC: Winhaven Associates w/enc. �Jeather Lanz, Southold Planning Department w/enc'; r 4 LKMA File Copy w/enc. •Founded in 1950• Some `Ki1IA L. K. McLean Associates, PC 437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINEERS (631)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P.T.O.E.TM, PRESIDENT and C.E.O,., CHRISTOPHER F.DWYER RAYMOND G.DiBIASE,P.E.,P.T.O.E.Tm EXECUTIVE VICE PRESIDENT—,,,.—, P;-.,,ti::,:.. <=,:: JAMES L.DeKONING,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERTA.STEELE,P.E. ROY R.FULKERSON,P.L.S.,VICE PRESIDENT ALBERT T.DAWSON,P.E.,VICE PRESIDENT e""i Jun 1;"�007 Town of Southold 'Ll a 0 U N 1 4 2007 Planning Department t 23095 Main Road Southold, New York'11971 Sc ;, " ;,;n ATT: Anthony Trezza, Senior Planner " :. 'P:....:.... ..,i13"?.1lK': :'Al_h,r..^..:..::'.:Ham:,,.:W:.^JAtl.T:v,it'':ry•:1� Re: Winhaven Associates: The Fields at Mattituck Subdivision Conceptual Plan for Lot#27— Construction of Proposed Pond Feature LKMA Project#:05-031 (Construction Management Services) Dear Mr. Trezza: Pursuant to our telephone conversation with respect to the above referenced property and on behalf of Winhaven Associates, our office has prepared this letter to describe a conceptual plan to include the construction of a pond for passive use by the property owner(Lot#27). The pond would be situated in the far northeast corner of the open space area, therefore no additional clearing would be required. The proposed pond would occupy 1-1/2 to 2 acres of area and would include a solar powered.pump to oxygenate the water for optimum pond health. The pond would be for passive uses only by the property owner of Lot #27 (The Fields at Mattituck Site Plan). The perimeter of the proposed pond would be graded and stabilized in a. manner to contain the pond and isolate stormwater to and from the pond area. Access from the proposed dwelling (Building Area) to the pond area would be facilitated by the existing pathway (old right-of-way) that is fully contained on the front parcel. A fence would be erected (continuation of existing vinyl fence) around the entire property for the purpose of preventing unauthorized access. The pond would be xcavated at a maximum depth of twelve (12) vertical feet. As you are aware, the cedar panel fence has been installed by the property owner of Lot#27. The property owner has proposed these improvements sensitive to the T'own's access to the front stormwa.ter retention area and in keeping with the area's rural character. Attached you will find a concept'aAl drawing that defines the location of the proposed pond with respect to the above referenced. property. Upon your office's review of the above referenced improvement as defined on the attached drawing, please contact 01.,x office to discuss the proposal by the property owner. If you should require any additional information on this request, our office will be available to meet at your convenience. Very truly yours, A ��-�'`� V CFD:cfd Christopher F. Dwyer, Assoc, .tu Enc.: (1) Site Plan L.K. McLean Associates P.C. CC: Eve WinstoiI, Winhaven Associates w/enc. LKNIA.File Copy w`enc. •Founded in 1950• LKAIA L. K. McLean Associates, P. C• nTr 437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINEERS (63 l)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P.T.O.E.T"", PRESIDENT and C.E.O. CHRISTOPHER F.DWYER RAYMOND G.DiBIASE,P.E.,P.T.O.E.TM,EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT . .,. .;. iQBRTA SZF, � �PrEeg ROY R.FULKERSON,P.L.S.,VICE PRESIDENT ALBERT T.DAWSON,P.E.,VICE PRESIDENT April 13,2007 ® E C, E O Town of Southold Planning Department I , 53095 Route 25 APR 1 8 2007 P.O. Box 1179 Southold,New York 11971 Southold Town " Attn: Anthony Trezza, Senior Planner I Pfanni Board a:;t Re: Winhaven Associates—"The Fields at Mattituck" SubDivison,- ,`_1'. Letter of acknowledgment with respect to off-site stormwater runoff LKMA Project: 05031.000 Dear Mr. Trezza: Pursuant to our conversation this morning, L.K. McLean Associates, on behalf of Winhaven Associates, has instructed the Site Contractor(Terry Contracting & Materials) to restore the eroded area between the extension of Stanley Road and the newly constructed recharge basin(basically the relocated right-of way). As you are aware, the Suffolk County Water Authority recently installed the long-awaited watermains within the Town right-of-way. LIPA and Verizon are scheduled winthin the next week or two to complete all utilities sin the roadway. Immediately after the phone, electric and cable utilities are installed and backfilled, the Site Contractor will finegrade and install the RCA road subbase material that is already stockpiled on site. The subbase layer of asphalt (Type 3 hot-mix) will greatly enhance the migration of sediment on and off site. The drainage systems will perform as they were intended to and most if not all of the stormwater runoff from Stanley Road Extended will end up in the recharge basin. The only area that is still subject to erosion is the east side slope of the relocated right-of-way that extends southward towards the recharge basin. The Site Contractor has recently regarded the area and has broadcast a quick growing rye grass seed mix over the area. Once the area is vegetated, the migration of soil will be minimal. With respect to the upcoming storm (northeaster) which is anticipated to start as early as Saturday night, the Site Contractor has mobilized additional haybales to the sensitive areas (directly east of the recharge basin area and front entrance)on-site. The Contractor has manpower and machinery at the site today (Friday) and intends on having a full crew there tomorrow (4/14/07). Terry Contracting has been made aware of the affected properties (Russo and Fransecinni) and is fully committed to restore any and all features damaged by the stormwater runoff. If you should have any questions regarding this submission,please do not hesitate to contact this office directly, Very truly yours, F CFD:cfd Christopher F. Dwyer / CC: Winhaven Associates LKMA File Copy •Founded in 1950 LKAIA L., K. Mc_;__ an Associates, P. C. e � 437 South Country Road • Brookhaven • New York • 11719 CONSULTING ENGINEERS (631)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P.T.O.ET"" PRESIDENT and C.E.O. I � f CHRISTOPHER F.DWYER RAYMOND G.DIBIASE,P.E.,P.T.O.E.T"",EXECUTIVE VICE PRESIDENT. J ! JAMES L.DeKONING,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERT A.STEELE,P.E. ROY R.FULKERSON,P.L.S.,VICE PRESIDENT ALBERT T.DAWSON,P.E.,VICE PRESIDENT ----January. ,'2 E Town of Southold F lL Engineering Department JAN 1 0 2007 23095 Main Road Southold, New York 11971 �--- LL, ----- I COPY ATT: James Richter, R.A., Town Engineer Qi. '.'�"9'IIDII-CT"'!'r�tlbhV..1!YSY:J:'C%fmV+.Ixa:Y4S'WRTsaN.A:Y't.12:rt^L'9C:6%''.y.er Re: Winhaven Associates: The Fields at Mattituck Subdivision Letter from PW Grosser Consulting—Soil Management Plan LKMA Project#:05-031 (Construction Management Services) Dear Jamie: Pursuant to our discussion regarding the above referenced property and on behalf of Winhaven Associates, our office is forwarding a letter (dated January 4, 2007) received by our office from P.W. Grosser Consulting (PWGC). The letter defines the testing that was part of the Phase II Environmental Site Assessment performed by PWGC. Attached to the letter is a Complete Soil Sampling Laboratory Results Log (Table 1) from each of the building lots. Please refer to the Soil Management Plan sent earlier to the Town by our office to correlate the data to the plan. Hopefully this provides your office with the information that you requested. If you should have any questions upon reviewing this correspondence please do not hesitate to contact this office directly. Very truly yours, CFD:cfd Christopher F. Dwyer,Associate L.K. McLean Associates P.C. (1) enc PWGC Letter w/Table 1 CC: Anthony Trezza, Senior Planner w/enc. Eve Winston, Winhaven Associates w/enc. LKMA File Copy w/enc. •Founded in 1950 P.W. GROSSER CON.-)uLTING January 4, 2007 Mr. Chris Dwyer LK McLean Associates 437 South Country Road Brookhaven, NY 11719 Dear Mr. Dwyer: PW Grosser Consulting, Inc. (PWGC) has prepared the following to summarize the results of the soil investigation performed to date and the planned path forward for managing site soils at the proposed Fields at Mattituck subdivision. As detailed in the Phase I Environmental Site Assessment prepared for the site by Middleton Environmental, Inc., the former agricultural use of the property represents a recognized environmental condition. The historic use of chemical pesticides on east end farm land has created the potential for shallow soils to contain elevated levels of pesticides and/or heavy metals. The Phase I therefore recommended characterization of site soils prior to residential development. i In response to the recommendations of the Phase I, PWGC initiated a soil characterization program aimed at evaluating soils at the site. The characterization program identified elevated arsenic levels in the soil at a number of lots extending on average to one foot below grade, a condition very common to east end farmland. As discussed at our recent site meeting, PWGC in concert with LK McLean Associates (LKM), have developed a Soil Management Plan to address impacted soil at the site. The characterization work and Soil Management Plan are being performed in accordance with guidance offered by the Suffolk County Department of Health Services (SCDHS) for the management of residual soil contamination in agricultural soils. The guidance was specifically prepared to assist municipal planning agencies by providing direction for proposed realty subdivisions on former agricultural land. Because the Town of Southold did not request guidance from the SCDHS on this particular project, the SCDHS did not request testing of the site soils and has issued the necessary I SCDHS approvals for the subdivision. it jI In an effort to avoid future liability, the developer has opted to voluntarily initiate the investigative and corrective measures outlined in the SCDHS guidance. The work is not tied to the approval of the subdivision. No further approval from the SCDHS is required for the subdivision to proceed. Details regarding the characterization work follow. Soil Characterization In general, the objective of the SCDHS guidance is to characterize site soils and develop a management plan that segregates these soils from future residents. Soil samples are required from each of the planned lots and require evaluation for pesticides and heavy metals. Resulting data are compared to the Recommended Soil Cleanup Objectives (RSCOs) contained in the New York State Department of Environmental Conservation (NYSDEC) Technical and Administrative Guidance Memorandum (TAGM) No. 4046. The SCDHS also offers screening levels for several compounds which are more stringent than the NYSDEC RSCOs. ACEC Peer Reviewed Member P.W.Grosser Consulting,Inc•P.W.Grosser Consulting Engineer&Hydrogeologist,PC 630 Johnson Avenue,Suite 7•Bohemia,NY 11716•Branch Location-Seattle,WA PH 631.589.6353•FX 631.589.8705•www.pwgrosser.com PWGC- Strategic EnvirarPmentdI Engineering Solutions, Between December 2004 and February 2005, 60 soil samples were collected from 26 lots. The testing results from the first round of sampling identified inorganic metal compounds as the primary chemicals of concern. Pesticides were not detected in the first sampling round and were therefore not included in subsequent sampling. Specifically, the sampling and analysis effort identified arsenic, and to a lesser extent, beryllium, chromium and mercury at concentrations that exceed regulatory levels. Based upon its known use in pesticides and the extent and concentration identified in the samples, arsenic serves as the driver for the planned soil management activities. Typical of east end agricultural soils, the elevated concentrations were generally limited to the upper foot of the soil column. The results from the three sampling events have been included in Table 1. Planned Soil Management Activities Based upon the analytical data, soil management activities will be required at 19 of the 26 lots. Soil management activities will include the removal of the upper foot (on average) of soil from these lots and placement of these soils beneath roadways or planned berms. The planned soil management activities and the resulting site topography are illustrated in the site plan prepared by LKM which was submitted under separate cover. Upon completion of the soil management activities, endpoint samples will be collected from each of the planned 26 lots to document the effectiveness of the management activities performed. Endpoint samples are proposed for all 26 lots as a conservative measure to document soil conditions at each lot upon completion of site work activities. In summary, the results of the soil characterization effort identified soil quality typical of former agricultural lands. Mitigating measures will include engineering controls that will isolate the affected soils from the planned lots. The work is being performed voluntarily by the developer based upon the recommendations included in the ME[ Phase I and not in response to a regulatory driver or enforcement action. The approval of the planned subdivision by the SCDHS has already been received and is not tied to the planned soil management activities. No further approval from the SCDHS is required for the subdivision to proceed. Please call if you have any questions or would like to discuss the project further. I look forward to hearing from you. Very truly yours, P.W. Grosser Consulting, Inc. Frank P. Castellano, P.G. Vice President cc: J. Winston P.W.Grosser Consulting,Inc•P.W.Grosser Consulting Engineer&Hydrogeologist,PC 2 630 Johnson Avenue,Suite 7•Bohemia,NY 11716•Branch Location-Seattle,WA PH 631.589.6353•FX 631.589.8705•www.pwgrosser.com Table 1 The Fields At Mattituck Complete Soil Sampling Laboratory Results Parameters units Arsenic Beryllium Chromium Mercury % Solids Standard* mg/Kg 7.5 or SB 0.16 10 or SB 0.1 NR S1-6 mg/Kg 5.50 0.23 7.60 0.100 86.0 S1-12 mg/Kg <0.40 <0.023 15.5 0.028 85.5 S 1-24 mg/Kg <0.39 <0.023 9.52 0.051 89.2 S2-6 mg/Kg 6.83 <0.023 11.2 0.160 84.7 S2-12 mg/Kg NA NA NA NA 85.5 S3-6 mg/Kg <0.39 <0.023 11.9 0.086 85.7 S3-12 mg/Kg <0.38 <0.022 12.8 0.057 86.8 S3-24 mg/Kg <0.36 <0.021 5.94 0.021 92.1 S4-6 mg/Kg 12.0 0.32 12.0 0.074 84.0 S4-12 mg/Kg <0.38 <0.023 17.1 0.069 83.6 S4-24 mg/Kg <0.39 <0.023 14.0 0.033 87.7 S5-6 mg/Kg 25.7 <0.024 14.2 0.083 84.9 S5-12 mg/Kg 4.67 <0.024 17.2 0.054 83.5 S6-6 mg/Kg 26.5 <0.023 11.3 0.120 85.7 S6-12 mg/Kg 6.88 <0.022 8.93 0.020 88.6 S7-6 mg/Kg 49.6 <0.026 20.8 0.310 76.2 S7-12 mg/Kg 66.5 <0.024 21.8 0.330 83.3 S7-24 mg/Kg <0.42 <0.024 16.2 0.098 80.2 S8-6 mg/Kg 15.4 0.31 6.51 0.073 89.6 S8-12 mg/Kg 16.8 <0.022 6.36 0.061 88.2 S9-6 mg/Kg 6.52 0.39 5.28 0.110 90.8 S9-12 mg/Kg NA NA NA NA 84.3 S10-6 mg/Kg 30.0 0.41 13.0 0.150 82.0 S10-12 mg/Kg <0.39 <0.023 13.5 0.046 89.1 S10-24 mg/Kg <0.39 <0.023 12.1 0.028 85.9 S11-6 mg/Kg <0.40 <0.023 11.8 0.220 83.6 S11-12 mg/Kg <0.34 <0.020 5.40 0.220 95.1 S11-24 mg/Kg <0.36 <0.021 5.29 0.032 94.0 S12-6 mg/Kg 20.7 0.49 11.4 0.330 74.4 S12-12 mg/Kg <0.35 <0.021 4.13 0.054 93.1 S13-6 mg/Kg 7.06 0.39 4.61 0.054 87.0 S13-12 mg/Kg <0.41 <0.024 9.89 0.100 82.9 S14-6 mg/Kg 29.7 0.26 13.6 0.300 77.2 S14-12 mg/Kg 16.1 <0.025 11.4 0.180 79.8 S15-6 mg/Kg 1.73 0.17 9.63 0.080 76.7 S15-12 mg/Kg <0.40 <0.024 10.5 0.041 81.5 S16-6 mg/Kg 10.8 <0.022 5.96 0.120 89.6 S16-12 mg/Kg 21.2 <0.022 7.18 0.075 87.4 S17-6 mg/Kg 31.1 <0.023 10.4 0.160 84.1 S17-12 mg/Kg 11.7 <0.024 10.6 0.076 83.5 S18-6 mg/Kg 18.4 <0.023 12.5 0.056 86.0 S18-12 mg/Kg 6.99 <0.023 8.91 0.017 88.3 S 19-6 mg/Kg 19.7 <0.022 8.81 0.150 88.6 S19-12 mg/Kg 20.3 <0.022 7.35 0.150 89.0 S20-6 mg/Kg 24.1 1 <0.023 10.60 1 0.340 85.8 S20-12 mg/Kg 24.1 1 <0.023 11.10 0.490 86.8 Page 1 of 2 Table 1 The Fields At Mattituck Complete Soil Sampling Laboratory Results Parameters units Arsenic Beryllium Chromium Mercury %Solids Standard* mg/Kg 7.5 or SB 0.16 10 or SB 0.1 NR S21-6 mg/Kg 17.5 <0.024 15.6 0.200 82.1 S21-12 mg/Kg 21.0 <0.025 14.8 0.290 78.9 S22-6 mg/Kg 135 <0.063 39.0 0.036 83.0 S22-12 mg/Kg <0.39 <0.023 11.4 0.076 83.5 S22-24 mg/Kg <0.40 <0.023 12.8 0.020 85.6 S23-6 mg/Kg 17.2 0.17 9.05 0.067 85.1 S23-12 mg/Kg 28.0 <0.023 10.3 0.140 83.5 S24-6 mg/Kg 32.9 <0.022 11.7 0.062 84.7 S24-12 mg/Kg <0.39 <0.023 12.8 0.036 84.7 S24-24 mg/Kg <0.40 <0.023 10.2 0.052 87.1 S25-6 mg/Kg 13.3 0.14 9.9 0.110 83.9 S25-12 mg/Kg <0.39 <0.023 8.48 0.064 86.7 S26-6 mg/Kg 12.3 0.12 10.2 0.150 83.0 S26-12 mg/Kg <0.40 <0.024 9.6 0.170 84.0 SB = Site Background NR= Not Regulated NA= Not Available * = NYSDEC Technical and Adminstrative Guidance Memorandum#4046 1.0=Compound exceeded standard 1.0=Compound at standard Page 2 of 2 LKAKA L. K. Mci can Associates P. C.IP6 -S 437 South Country Road • Brookhaven o New York o 11719 CONSULTING ENGINEERS (631)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P.T.O.E TM, PRESIDENT and C.E.O. CHRISTOPHER F.DWYER RAYMOND G.DiBIASE,P.E.,P.T.O.E.TM,EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERTA.STEELE,P.E. ROY R.FULKERSON,P.L.S.,VICE_PRESIDENT ALBERT T.DAWSON,P.E.,VICE PRESIDENT September 27, 2006 Town of Southold Planning Department _.�� tau. a . 23095 Main Road Southold New York 11971 ATT: Anthony Trezza, Senior Planner , •4`' . $ OCT - 2 2006 IJ Re: Winhaven Associates: The Fields at Mattituck Subdivision Conceptual Walking Pathway and Access to Stormwater Easemi nts .._.._._.__ LKMA Project#:05-031 (Construction Management Services) corn mrd a ' Dear Mr. Trezza: .-r< r, ._,.:: .�,.:<..:...._:..:_ , Pursuant to our meeting held on September 21, 2006 at the above referenced property and on behalf of Winhaven Associates, our office has prepared a conceptual drawing to accompany this letter defining the proposed enhancements and/or modifications. The following features were discussed at the meeting with the Town's Engineer (Jamie Richter), Deputy Highway Superintendent (Chuck King), the Contractor (Robert Terry) and the Owner's Representative (Tony Maccari); ❖ The existing 25' right-of-way extending from Stanley Road Extended (specifically between proposed building lots 12 & 13) south to Bergen Avenue. As you are aware, there was a misunderstanding with respect to the use of the existing 25' right-of-way as defined on the Final Plat approved by your office in January of this year. Based upon the meeting, the Owner and Contractor understand that the right-of-way is not to be used for any residential vehicular traffic. The Owner has proposed to use the cleared path as an exercise/nature walkway. The north and south ends (shaded blue) of the right-of-way would still be used for authorized vehicular access to the two (2) stormwater impoundments and Building Lot #27 (off Bergen), however the 1,080 linear foot section of the right-of-way (shaded yellow) would be limited to walking only. Timber railing road blocks would be installed to maintain the proposed exercise walkway. The proposed surface of the exercise trail would be a crushed stone material (not RCA). ❖ Town Access to the two (2) stormwater basins. One of the main concerns as expressed by the Town Engineer was access for the Town's Highway Department to the two (2) recharge basins. Winhaven Associates has proposed to keep the proposed six (6) foot high chain link fence in its original location. However, since the original approved drawing did not have any provisions for an access ramp, the attached conceptual drawing o Founded in 1950• LIKARA L. K. Mclean Associates, P. C. has proposed a 10' wide asphalt (2 %2" layer of Type 6) surface roadway to extend from Stanley Road into the recharge basin with a gate at Stanley as well as at the immediate recharge basin area. This will limit any walkers from entering the recharge basin and provide authorized vehicular access for the Town's Highway Department only. Similarly, an asphalt surface roadway is proposed to extend from Bergen Avenue to the north limit of the "Easement for Stormwater Retention". Again, a swing gate is proposed at the south limit of the easement for authorized vehicles only. A four (4) foot wide opening would be situated directly adjacent to each of the double 6' wide swing gates (12' total) at Stanley and at the south limit of the Stormwater Retention Easement to provide access to the exercise trail/path. ❖ Modifications to the North Stormwater Drainage System. Mr. King was concerned about the proposed drainage systems located along the north and south side of Stanley Road near proposed building lots 1 and 21. We discussed the possibility of piping the stormwater to the "south" drainage system at proposed catch basin#5 specifically. Upon comparing the existing grades to the proposed pipe inverts, our office feels that connecting the north drainage system to the south system would be a difficult and risky proposition. Any blockage or failure of a pipe buried 14' below the proposed surface of the Town right-of-way would have a significant impact to the stormwater management of the new development. While we understand Mr. King's concerns to be valid and legitimate, the north system should remain situated as originally designed by Young & Young. One enhancement to the north system would be to install two (2) additional catch basin structures at the opposite ends (west) to each of the drainage structure series. That would enable additional maintenance of silt and debris from road runoff beyond the two (2) original catch basins 97 and#8. ❖ Proposed Soil Management Plan - Relocation of Contaminated Soils from Building Lots to the Open Space Area. Towards the end of our meeting we discussed the soil conditions that exist along most of the proposed building lots. Winhaven Associates contracted P.W. Grosser to analyze the condition of the soils for the purpose of preparing a comprehensive soil management plan. While most of the soil samples tested yielded results below the State's threshold, the Owner has proposed to relocate any soil with reported levels of contamination from the building lots to the open space area located to the south. The attached Soil Management Plan identifies the extent (depth) of the existing substandard soils and illustrates the proposed method of mitigating the problem. The Owner has included the proposed soil management operation to the original infrastructure associated with the site's development. Although the Owner has dedicated a significant amount of money to relocate the soils (beyond the requirements of the State and County), one way of reducing the overall cost would be to excavate sandy material from a limited area along the south property (Lot 27) and the proposed burial of the unsuitable soils from the north property (Lots 1 through 26). The only material to be exported from the site would be excess sand material. The unsuitable topsoil material would not leave the site and would be buried in a controlled/phased manner by the Contractor. The relocated material would be filled in a manner so as to restore the area to its original grade and condition. Any areas left deficient of topsoil (Lots 1 through 26) would be replenished with clean, suitable topsoil material from approved off-site sources. Please refer to the Soil Management Plan for the location and details of the proposed soil burial trench. Right-of-way Letter-Sept 2006 Page 2 of 3 L11Ai1 L. K. McLean Associates, P.C. ❖ Proposed Perimeter Fence along the East Property Line. Lastly, the Owner's representative requested the installation of a decorative cedar fence (6' high) along 1,280 linear feet of the eastern property line. The proposed fence would be situated approximately ten(10) feet off of the property line in order to maintain the improvements (berms, plantings) made by the residents of Rosewood Drive. The fence would delineate the existing residential dwellings from the proposed exercise walkway/drainage basins. Please refer to the Conceptual Plan that identifies the location and detail of the proposed fence installation. Upon your office's review of the above referenced improvements as defined on the attached drawings, please contact our office to discuss the proposals by the Owner. We will continue to work closely with the Town on this project and contact all involved departments as the development progresses. If you should have any questions upon reviewing this correspondence please do not hesitate to contact this office directly. If you should require any additional information on these requests,. our office will be available to meet at your convenience. Very truly yours, �w CFD:cfd Christopher F. Dwyer, Associate L.K. McLean Associates P.C. (2) enc Soil Management Plan, Conceptual Drawing CC: James Richter R.A., Town Engineer w/enc. Patricia Finnegan, Town Attorney w/enc. Pete Harris, Superintendent of Highways w/enc. Planning Department Copy w/enc. Eve Winston, Winhaven Associates w/enc. LKMA File Copy w/enc. Right-of-way Letter-Sept 2006 Page 3 of 3 IKAAL. K. McLean Associates P. C. SJh 437 South Country Road • Brookhaven s New York a 11719 CONSULTING ENGINEERS (631)286-8668 • FAX(631)286-6314 Associates EUGENE F.DALY,P.E.,P.T.O.E.TM, PRESIDENT and C.E.O. CHRISTOPHER F.DWYER RAYMOND G.DiBIASE,P.E.,P.T.O.E.TM,EXECUTIVE VICE PRESIDENT JAMES L.DeKONING,P.E. JOSEPH F.CLINE,P.E.,VICE PRESIDENT ROBERT A.STEELE,P.E. ROY R.FULKERSON,P.L.S.,VICE_PRESIDENT ALBERT T.DAWSON,P.E.,VICE PRESIDENT Septern1MIT'.'M Town of Southold Planning Department FL-- 23095 Main Road E C � h Southold, New York 11971 ATT: Anthony Trezza, Senior Planner Al OCT - 2 2006 '! Re: Winhaven Associates: The Fields at Mattituck Subdivision So Ir,, d iown F:�r;nir:- c;i:•3rf Conceptual Walking Pathway and Access to Storm water V4se01e11t9— - " =-- LKMA Project#:05-031 (Construction Management Services��•:::y :�es..�..: ,L1, C2_` Dear Mr. Trezza: Pursuant to our meeting held on September 21, 2006 at the above referenced property and on behalf of Winhaven Associates, our office has prepared a conceptual drawing to accompany this letter defining the proposed enhancements and/or modifications. The following features were discussed at the meeting with the Town's Engineer (Jamie Richter), Deputy Highway Superintendent (Chuck King), the Contractor (Robert Terry) and the Owner's Representative (Tony Maccari); ❖ The existing 25' right-of-way extending from Stanley Road Extended (specifically between proposed building lots 12 & 13) south to Bergen Avenue. As you are aware, there was a misunderstanding with respect to the use of the existing 25' right-of-way as defined on the Final Plat approved by your office in January of this year. Based upon the meeting, the Owner and Contractor understand that the right-of-way is not to be used for any residential vehicular traffic. The Owner has proposed to use the cleared path as an Ir exercise/nature walkway. The north and south ends (shaded blue) of the right-of-way �r would still be used for authorized vehicular access to the two (2) stormwater impoundments and Building Lot #27 (off Bergen), however the 1,080 linear foot section C� of the right-of-way (shaded yellow) would be limited to walking only. Timber railing �9 road blocks would be installed to maintain the proposed exercise walkway. The proposed surface of the exercise trail would be a crushed stone material(not RCA). ❖ Town Access to the two (2) stormwater basins. One of the main concerns as expressed by the Town Engineer was access for the Town's Highway Department to the two (2) recharge basins. Winhaven Associates has proposed to keep the proposed six (6) foot high chain link fence in its original location. However, since the original approved drawing did not have any provisions for an access ramp, the attached conceptual drawing e Founded in 1950 e tKAIIA La K. McLean Associates P. C. has proposed a 10' wide asphalt (2 %2" layer of Type 6) surface roadway to extend from Stanley Road into the recharge basin with a gate at Stanley as well as at the immediate recharge basin area. This will limit any walkers from entering the recharge basin and provide authorized vehicular access for the Town's Highway Department only. Similarly, an asphalt surface roadway is proposed to extend from Bergen Avenue to the north limit of the "Easement for Stormwater Retention". Again, a swing gate is proposed at the south limit of the easement for authorized vehicles only. A four (4) foot wide opening would be situated directly adjacent to each of the double 6' wide swing gates (12' total) at Stanley and at the south limit of the Stormwater Retention Easement to provide access to the exercise trail/path. ❖ Modifications to the North Stormwater Drainage System. Mr. King was concerned about the proposed drainage systems located along the north and south side of Stanley Road near proposed building lots 1 and 21. We discussed the possibility of piping the stormwater to the "south" drainage system at proposed catch basin#5 specifically. Upon comparing the existing grades to the proposed pipe inverts, our office feels that connecting the north drainage system to the south system would be a difficult and risky proposition. Any blockage or failure of a pipe buried 14' below the proposed surface of the Town right-of-way would have a significant impact to the stormwater management of the new development. While we understand Mr. King's concerns to be valid and legitimate, the north system should remain situated as originally designed by Young & Young. One enhancement to the north system would be to install two (2) additional catch basin structures at the opposite ends (west) to each of the drainage structure series. That would enable additional maintenance of silt and debris from road runoff beyond the two (2) original catch basins#7 and#8. ❖ Proposed Soil Management Plan - Relocation of Contaminated Soils from Building Lots to the Open Space Area. Towards the end of our meeting we discussed the soil �S conditions that exist along most of the proposed building lots. Winhaven Associates contracted P.W. Grosser to analyze the condition of the soils for the purpose of preparing a comprehensive soil management plan. While most of the soil samples tested yielded results below the State's threshold, the Owner has proposed to relocate any soil with Ij�► reported levels of contamination from the building lots to the open space area located to o the south. The attached Soil Management Plan identifies the extent (depth) of the i existing substandard soils and illustrates the proposed method of mitigating the problem. The Owner has included the proposed soil management operation to the original infrastructure associated with the site's development. Although the Owner has dedicated a significant amount of money to relocate the soils (beyond the requirements of the State and County), one way of reducing the overall cost would be to excavate sandy material from a limited area along the south property (Lot 27) and the proposed burial of the unsuitable soils from the north property (Lots 1 through 26). The only material to be exported from the site would be excess sand material. The unsuitable topsoil material would not leave the site and would be buried in a controlled/phased manner by the Contractor. The relocated material would be"filled in a manner so as to restore the area to its original grade and condition. Any areas left deficient of topsoil (Lots 1 through 26) would be replenished with clean, suitable topsoil material from approved off-site sources. Please refer to the Soil Management Plan for the location and details of the proposed soil burial trench. Right-of-way Letter-Sept 2006 Page 2 of 3 a K. McLean .Associates P. C. ❖ Proposed Perimeter Fence along the East Property Line. Lastly, the Owner's representative requested the installation of a decorative cedar fence (6' high) along 1,280 linear feet of the eastern property line. The proposed fence would be situated approximately ten (10) feet off of the property line in order to maintain the improvements (berms, plantings) made by the residents of Rosewood Drive. The fence would delineate o the existing residential dwellings from the proposed exercise walkway/drainage basins. Please refer to the Conceptual Plan that identifies the location and detail of the proposed fence installation. Upon your office's review of the above referenced improvements as defined on the attached drawings, please contact our office to discuss the proposals by the Owner. We will continue to work closely with the Town on this project and contact all involved departments as the development progresses. If you should have any questions upon reviewing this correspondence please do not hesitate to contact this office directly. If you should require any additional information on these requests, our.office will be available to meet at your convenience. Very truly yours, CFD:cfd Christopher F. Dwyer, Associate L.K. McLean Associates P.C. (2) enc Soil Management Plan, Conceptual Drawing CC: James Richter R.A., Town Engineer w/enc. Patricia Finnegan, Town Attorney w/enc. Pete Harris, Superintendent of Highways w/enc. Planning Department Copy w/enc. Eve Winston, Winhaven Associates w/enc. LKMA File Copy w/enc. Right-of-way Letter-Sept 2006 Page 3 of 3