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1000-109.-6-9.1
Tb TEST HOLE 1 J102. 0 TEST HOLE 2 102 - COVENANTS AND RESTRICTIONS: t�0�' 1. DECLARANTS HAVE MADE APPLICATIONS TO THE TOWN OF SOUTHOLD (HEREIN REFERRED TO AS 0.0' 0.0' TOWN) FOR A PERMIT TO CONSTRUCT, APPROVAL OF PLANS OR APPROVAL OF A STANDARD DARK BROWN DARK BROWN SANDY SUBDIVISION OR DEVELOPMENT ON THE PREMISES. LOAM - OL LOAM - OL 2. AS A CONDITION OF APPROVAL BY THE TOWN OF THE SUBDIVISION OR DEVELOPMENT s 2 0' 1 5' APPLICATION, THE DECLARANTS COVENANT AS FOLLOWS: BROWN LOAMY SAND BROWN SILTY A. THAT PURSUANT TO SECTION A106-56(C) OF THE SOUTHOLD TOWN CODE, CLEARING LIMITS � WITH 10% GRAVEL - SAND - SM FOR EACH LOT AS SHOWN ON THE APPROVED SUBDIVISION MAP ARE AS FOLLOWS: SM 3.5' i. LOT 1 CLEARING LIMIT - 26,486.30 SQ.FT. (35.00%) 4.0' ii. LOT 2 CLEARING LIMIT - 20,310.34 SQ.FT. (50.00%) rj BROWN FINE TO PALE BROWN FINE iii. LOT 3 CLEARING LIMIT - 20,041.00 SQ.FT. (50.00%) --- r MEDIUM SAND - SP TO MEDIUM SAND FAFWAY DRIW 415.07 SQ.FT. (50.00�) A / 4 7' _ SP iv. LOT 4 CLEARING LIMIT - 22, B. THAT ACCESS TO LOTS 1,2 AND 3 SHALL BE FROM NEW SUFFOLK AVENUE; AND 7.1' C. THAT ACCESS TO LOT 4 SHALL BE FROM CASES LANE; AND 'H D. THAT NO CHANGES TO ANY OF THE LOT LINES WITHOUT PLANNING BOARD APPROVAL; AND E. THAT ALL STORMWATER RUNOFF RESULTING FROM THE DEVELOPMENT OF ANY OR ALL OF THE WATER IN PALE LOTS ON THE SUBDIVISION MAP SHALL BE RETAINED ON SITE AND SHALL BE THE , BROWN FINE TO WATER IN PALE RESPONSIBILITY OF EACH PROPERTY OWNER, AND MEDIUM SAND BROWN FINE TO F. PRIOR TO ANY CONSTRUCTION ACTIVITY, DECLARANTS SHALL SECURE A GENERAL PERMIT FOR PATH WAY - aDAR5ROAD MEDIUM SAND - SP STORM WATER RUNOFF FROM CONSTRUCTION ACTIVITY (GP-02-01) ADMINISTERED BY THE NEW -- -----_ - --- YORK STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEC) UNDER THE PHASE II STATE , POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPEDES) PROGRAM G. THE LOCATION OF PRINCIPAL RESIDENTIAL STRUCTURES MUST BE WITHIN THE BUILDING Se 12.0' 14.0' ENVELOPES SHOWN ON FOR EACH LOT ON THE APPROVED MAP H. CONSTRUCTION OF RESIDENCES ON ANY OR ALL OF THE LOTS ON THE APPROVED MAP SHALL �+ WATER ENCOUNTERED 4.7' WATER ENCOUNTERED 7.1' INCLUDE THE USE OF GUTTERS, LEADERS AND SUBSURFACE DRYWELLS TO RETAIN SURFACE BELOW SURFACE ,BELOW SURFACE RUNOFF - I. LANDSCAPING ON ANY OR ALL OF THE LOTS ON THE APPROVED MAP SHALL CONSIST OF NATIVE, DISEASE RESISTANT, AND DROUGHT-TOLERANT PLANTS. J. THE RESIDENTIAL APPLICATION OF SYNTHETIC FERTILIZERS AND PESTICIDES IS PROHIBITED ON EACH LOT SHOWN ON THE APPROVED MAP. K. CONSTRUCTION OF RESIDENCES ON ANY OR ALL OF THE LOTS ON THE APPROVED MAP .SHALL INCLUDE THE USE OF LOW FLOW FAUCETS AND TOILETS WW WAY Ckl LA _Y MAP L. PERVIOUS DRIVEWAYS SHALL BE REQUIRED TO SERVE EACH LOT ON THE APPROVED MAP. - � "'� SCALE: 1'-600' I �10.4)3 I I (5), I -� I �l 4.4 110.2 F 1 l\ 7 g a 3, THE DECLARANTS AND THEIR SUCCESSORS AND/OR ASSIGNS SHALL SET FORTH THESE Q --REPUTED LOCATION OF COVENANTS, AGREEMENTS AND DECLARATIONS IN ANY AND ALL LEASES TO OCCUPANTS, TENANTS FINAL PLAT EXISTING SANITARY AND/OR LESSEES OF THE ABOVE DESCRIBED PROPERTY AND SHALL, BY THEIR TERMS, SUBJECT -REPUTED LOCATION 0EXISTING SANITARY SYSTEM SAME TO THE COVENANTS AND RESTRICTIONS CONTAINED HEREIN. FAILURE OF THE DECLARANTS, FOR THE STANDARD SUBDIVISION OF _ - --- - -_ ------- -- -- - ----- - -- ------ ---------- SYSTEM - - -- - - -- �---�- - --- - --- - - -- - ------- - - ------ -- -- -------- THEIR SUCCESSORS AND/OR ASSIGNS TO SO CONDITION THE LEASES SHALL NOT INVALIDATE THEIR T D ORCIJARD N E W S �U F F e, L K R, O 4A �, as �'` `_ �` AUTOMATIC SUBJUGATION TO THE COVENANTS AND RESTRICTIONS. "" )� �, p ?�, 44, __. 4. ALL OF THE COVENANTS AND RESTRICTIONS CONTAINED HEREIN SHALL BE IN ADDITION TO AND AT CUTC ®GU w `�� W �,, NOT IN DEROGATION OF LIMITATION UPON ANY PROVISIONS OF LOCAL, STATE, AND FEDERAL LAWS, _ TH VA IES) #'' S 09'3'20" E W 271 10' ORDINANCES, AND/OR REGULATIONS IN EFFECT AT THE TIME OF EXECUTION OF THIS AGREEMENT, OR S 9' 20" E 3 170 00' o -- ---- - "- - - �� - AT THE TIME SUCH LAWS, ORDINANCES, AND/OR REGULATIONS MAY THEREAFTER BE REVISED, SITUATE 0 AMENDED OR PROMULGATED. o "� - r Q 5. THIS DOCUMENT IS MADE SUBJECT TO THE PROVISIONS OF ALL LAWS REQUIRED OR BY THEIR o ;� ti « o ,�.� PROVISIONS TO BE INCORPORATED HEREIN AND THEY ARE DEEMED TO BE INCORPORATED HEREIN CLITCIIO(JLII. LOT #1 ` j 0 I AND MADE A PART HEREOF, AS THOUGH FULLY SET FORTH. TOWN OF , SOUTHOLD �y - - - -- - - _ to 6. THE AFOREMENTIONED RESTRICTIVE COVENANTS SHALL BE ENFORCEABLE BY THE TOWN OF Altl.IE Aw I. SOUTHOLD, STATE OF NENJ YORK, BY INJUNCTIVE RELIEF OR BY ANY OTHER REMEDY IN EQUITY OR SUFFOLK COUNTY, NEW YORK 75,675'.14 SQ.f . �wI I AT LAW. THE FAILURE OF SAID AGENCIES OF THE TOWN OF SOUTHOLD TO ENFORCE THE SAME 1000-109-06-0109.001 I I ( Q SHALL NOT BE DEEMED TO AFFECT THE VALIDITY OF THIS COVENANT NOR TO IMPOSE ANY LIABILITYROPOSED SINGti' f > WHATSOEVER UPON THE COUNTY OF SUFFOLK OR ANY OFFICER OR EMPLOYEE THEREOF. ZONED: R-4O 10, iPROPOSED D SINGLE MI Y RESIDENCE o o � \ I 44.1 I i CLE'ARINGF= ?. 7. THESE COVENANTS AND RESTRICTIONS SHALL RUN WITH THE LAND AND SHALL BE BINDING ON AREA: 4.619 ACRES SEPTIC FAMILY RESIDENCE A L RES D E w N ( 10J N/F cl z ) / o 26,4 6.3 SQ.FT. o THE DECLARANTS, THEIR SUCCESSORS AND ASSIGNS, AND UPON ALL PERSONS OR ENTITIES � 0 I �! CLAIMING UNDER THEM SYSTEM ) PROPOSED o WILLIAM LUERTT 13 N F I 35%) 8. IF ANY SECTION, SUBSECTION, PARAGRAPH, CLAUSE, PHRASE OR PROVISION OF THESE OWNER: SEPTIC o � N/F i N F TIM KELLEY rn SYSTEM °0 CHARD HORTON / N/F z Q Sy 6 HARRY PRECHT MATTHEW TRUE COVENANTS AND RESTRICTIONS SHALL BY A COURT OF COMPETENT JURISDICTION, BE ADJUDGED JOSEPH G. MANZI JR. IRREVOCABLE TRUST - _ yr ILLEGAL UNLAWFUL INVALID OR HELD TO BE UNCONSTITUTIONAL, THE SAME SHALL NOT EFFECT O O / AREA - 40624:68 �. _ _ _ _ S 09 53 20 E _ _ I Q , AREA = 40082.0 I SQ.FT. ' � ; 50!0 3 y � THE VALIDITY OF THE COVENANTS AS A WHOLE; OR ANY PART OR PROVISION HEREOF OTHER THAN DATED 3-28-991 -w-,�. - _� THAT PART SO ADJUDGED TO BE ILLEGAL, UNLAWFUL, INVALID, OR UNCONSTITUTIONAL SQ.FT. _ _ .... _ _ _.______ _ -� i �?,, 717 R 0 U TE 25 A U' r, 353.50' - - / T, 11# ��.? ROCKY POINT NY wI � - � -�--*��, : � �,3 I O I - - = a � � j O - ! d ��f � i TOVJn�f�OUfF10ld � - -� Covenants&Restrictions (631 ) 744-1039 AREA OF -� t _ a� �- AREA OF �`',r CLEARING = �\ -� Io I .�`1' CLEARING = ��y I ' � ��� LIBER PAGE® CONTACT: RICHARD MANZI o �� '!� 20,310.34 SQ.FT. hI,,PROPOSED SINGL, SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES ,041 SQ.FT. (50 - � O�• FAMILY RESIDEN�E � j � HAUPPAUGE, N.Y. Wz ���pp �r: _ c�1 „ Y� � _1�,1.i.� � I _ � I DATE:�� f'�{'°�� ��a�:� �� " . �.., � S 9-�3 '-E-- - 16,3.60 ='S 9'53'20" E 130.84' ..._-�- - s� N/F N 09'53'20' W 112.72 - i 7 THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR PLA",I I aiY!Gt COARD ;D s CABERON PROPERTIES, INC. I' @'� o 1 O 1 _. � � DEVELOPMENT FOR OLD ORCHARD AT CUTCHOG� IN TQWN OF -n ! - SOUTHOLD WITH A TOTAL OF 4 LOTS WAS APPROVED ON THE ABOVE / ,r a I •�� Ot7/ GOLF COURSE O 5�,-- ,� DATE. WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES MUST _ TO' , t,l O.' SOUT1•'�OL z TH_41 �„� O M CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE 71ME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT DATE ' t I " �� •�� ' c7 - - --- - - .�` �� TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE 00 REALTY SUBDIVISION / DEVELOPMENT MAP IS DULY FILED WITH THE S` 1 _ - Z „' - - COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY 1 N 09►'19 30 W 198.76 � GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS ENDORSEMENT f / LOT #`1 ` ,POSED SINGLE APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WTH -- ,LO�� FAMILY RESIDENCE i PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY AREA = 44 30. r, �� SANITA CODE. AREA OF CLEARING _ wTo 41 22,415.07 SQ.FT. i I" 1 - (50%) "1 HEREBY CERTIFY THAT THIS PLAT FROM OM N�ACTUAL SU YJ,'-''-' � F��C ��` FINAL PLAT FOR THE STANDAIRD SUBDIVISION OF: S 8 j -�`L1�O COMPLETED BY US ON ----A �n THAT THE �a PROPOSED MONUMENTS HAVE BEEN SET AND SHOWN AND THAT TH O L-D ORCHARD O �1 T(S) ON THIS PLAT ARE ALL IN CONFORMANCE WITH _ r\ I SEPTIC SYSTEM F QUIREMENTS OF c-)NING 'STRICT C '`"° *. a� c" AT C U T C H O G U LQ ' - (1 i s i N 2� 49 ^��� SITUATE CUTCHOGUE rh -- „r "I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR �1�cQP"> `�, TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED OR UNDER MY DIRECTION. BASED UPON A CAREFUL A ;�,`� FPE T.eUT Q t'% ENGINEERING BY: SURVEY BY: _ _ _ 1 THOROUGH STUDY OF THE SOIL, SITE AND GROUNDWA rGj JEFFERY T. BUTLER, P.E., P.C. BURTON, BEHRENDT & SMITH j� W " - --- r\( �� CONDITIONS, ALL LOTS, AS PROPOSED, CONFORM TO JF '"' P.O. BOX 634 244 E. MAIN STREET, PATCHOGUE NY 11771_ QG q , I V ' - F L �� I SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES � > ,�1.�hr � ' ' ,z x SHOREHAM, N.Y. 11786 160 MAIN STREET, SAYVILLE, NY 11782 CONSTRUCTION STANDARDS IN EFFECT AS OF THIS D I �� ' a c� I w! PHONE: 631 208-8850 PHONE: 631 475-0394 FAX: 631 475-0361 3� aS ' < SN E -_ ... _._ _ �' CALF AS-NOTED /4S'CA 4.619 ( 1 D T .VAAA ��ES a�' .O.IN ? ` --_ _ r ---� o 3 _N ILFG Dp 49 k, S SO��P� D r.AWN E'Y: - -- _-- D C D o's i c.: ------ - _- 5/2 4/0 6 E'.C.T.M. NO. 1000-109-06--009.001 F1L.E NO. 050027 '71 o�o� 7/ A L ail �D _---- La � r C" -'C7 PLANNING BOARD MEMBE _- .L.w MAILING ADDRESS: x 1179 JERILYN B.WOODHOUSE �O��O� SOUjyOI So P.O. h ld,oNY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS N Town Hall Annex ru MARTIN H.SIDOR G Q �. � O 54375 State Route 25 GEORGE D.SOLOMON ly (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COU01 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 12, 2006 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, NY 11786 RE: Standard Subdivision of Old Orchard at Cutchogue Located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, December 11, 2006 adopted the following resolutions: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 75,675 s.f. Lot 2 equals 40,620 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, on December 12, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Jeffrey T. Butler, P.E. dated last revised October 14, 2005; and WHEREAS, on December 12, 2005, the Southold Town Planning Board granted a negative declaration for this project pursuant to SEQRA; and WHEREAS, on September 6, 2006, the applicant submitted the application and fee for final plat approval, including five (5) mylars and eight (8) paper prints of the final plat, prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006, each containing the Health Department stamp of approval; and WHEREAS, on September 6, 2006, the applicant submitted one (1) copy of the filed Declaration of Covenants and Restrictions; and WHEREAS, on September 6, 2006, the applicant submitted the park and playground fee on the amount of$21,000; and 1 � Old Orchard at Cutchogue Page Two December 12, 2006 WHEREAS, it was brought to the Planning Board's attention at the public hearing, held on November 13, 2006, that there is a discrepancy between the filed Declaration of Covenants and Restrictions and the final subdivision map, prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006; and WHEREAS, the Planning Board and the applicant agreed that a revised Declaration of Covenants and Restrictions will be filed to correct the discrepancy; and WHEREAS, on November 30, 2006, the applicant submitted an amended Declaration of Covenants and Restrictions, which indicates that access to Lot 1 shall be from Cedar's Road; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of preliminary plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the plat prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006, and authorizes the Chairperson to endorse the maps. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson Enc. Cc: Building Department (with map) Tax Assessors (with map) I Illilll 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: 11/29/2006 Number of Pages: 5 At: 01:10 :10 PM Receipt Number 06-0114862 LIBER: D00012480 PAGE: 817 District: . Section: , Block: Lot: 1000 .109 . 00 06 .00 009 . 001 EXAMINED AND CHARGED AS FOLLOWS Received the ,Following Fees For Above Instrument Exempt Exempt, . Page/Filing 15 00,g g $ NO Handling. .., $5.00 NO - . , COE $5. 00 . NO NYS SRCHG, $15. 00. NO TP-584 $0.00 NO Notation $0 . 00 NO Cert.Copies $5.00 NO RPT $30 . 00 NO SCTM $0 .00 NO Fees Paid $75.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County F21 , Number of pages RECORDED Judith A. Pascale ER This document will be public _i�r CL_LR CLERK i�P�,OF�TY, FLKrecord. Please remove all L DOOO1 48O Social Security Numbers ° 817 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES f�-�� i Mortgage Amt. Page/Filing Fee � 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 Dual Town . Dual County R.P.T.S.A. Held for Appointment Comm. of Ed. 5. 00 Transfer Tax ��_ }ate Mansion Tax Affidavit INDE4e ' The property covered by this mortgage is �Certedpy, or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total . YES or NO Other 'S� Grand Total 1 If NO, see appropriate tax clause on page# of this instrument. 1000 1000 10900 0600 009001 4 Dist. 5 Community Preservation Fund T Real Property RP PA A Consideration Amount $ Tax Service Agency 29-NOV-0 CPF Tax Due $ Verification - ' - - —- - Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: Vacant Land Steven E. Losquadro, P.C. 649 .Route 25A TD Suite 4 Rocky Point, NY 11778 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 3.10 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording &. Endorsement Page This page forms part of the attached Amendment to Covenant . & Restriction made by: (SPECIFY TYPE OF INSTRUMENT) Manzi Trust The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE or HAMLET of Cutchogue BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) INix-ORTAIITT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property statements. Local property taxes are payable twice a year: on or before January 101, and on or before May 31s1 Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12-0104..06/061cd AMENDMENT TO DECLARATION OF COVENANT AND RESTRICTIONS THIS DECLARATION made on this day ofNoyejyyF& , 2006 by John Elcil?as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, herinafter referred to as DECLARANT, as the Owner of premises located directly north of Cedar's Road in Cutchogue,New York 11935 and described(herein after referred to as the PREMISES) as SCTM No. 1000-109.00-06.00-009.001, who desires to restrict the use and enjoyment of said PREMISES and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that the PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: «SS I S kCLVZ 4 CS.ri i � � WHEREAS, DECLARANT has previously filed with the Suffolk County Clerk /J covenants and restrictions in Liber 12467 at page 209, and the DECLARANT hereby seeks to amend the covenants and restrictions filed only to the extent set forth herein; and WHEREAS, the Planning Board of the Town of Southold consents to the amendment of the covenants and restrictions upon said land; and NOW, THEREFORE,the DECLARANT, its successors and/or assignes hereby sets forth the following covenants, agreements and declarations against the above described property: 1. The DECLARANT hereby agrees that access to lot 1 shall be from cedar's Road. 2. The previously filed Declaration of Covenants and Restrictions, as recorded in the Office of the Suffolk County Clerk in Liber 12467 at page 209, will remain valid, with the exception of the noted change. 3. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances and/or regulations may thereafter be revised, amended, or promulgated. 4. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 5. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, County of Suffolk and/or State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies to enforce the same shall not be deemed to affect the validity of this covenant. 6. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS,their successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the majority plus one of the Southold Planning Board, or its successor body, following a public hearing. 7. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid, or held to be unconstitutional,the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. uzliz S ��usi Elcik, as Trustee ACKNOWLEDGMENT State of New York ) ):ss.: County of Suffolk ) COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Recoro the of, do hereby e-certify that I have compared the annced with th ong inal . fin Y44 CMIR�;k -RECORDED in m office on .l�`.�g-a....... under LIBER ..`.a� ..............PAGE ..'3t7......and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof I ave ereunto set y hand and affixed the seal of said County and Court on this�..��:�....day of I.P.. !m om..........., 20.06.. CLE .., .. ....�. 5 Schedule A Page 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the westerly line of New Suffolk Road (or Lane) with the northerly line of Cedars Road; THENCE from said point of beginning: RUNNING THENCE along the northerly line of Cedars Road the following (2) courses and distances: 1) South 80 degrees 19 minutes 30 seconds West 169.70 feet; and 2) South 73 degrees 39 minutes 50 seconds West 153.95 feet to lands of Caberon Properties, Inc; THENCE along said last mentioned land the following (8) courses and distances: 1) North 09 degrees 19 minutes 30 seconds West 198.76 feet; 2) North 80 degrees 06 minutes 40 seconds East 69.85 feet; 3) North 09 degrees 53 minutes 20 seconds West 112.72 feet; 4) North 77 degrees 53 minutes 30 seconds East 85.97 feet; 5) North 09 degrees 53 minutes 20 seconds West 373.95 feet (deed) 353.50 feet (actual); 6) North 63 degrees 12 minutes 40 seconds West 190.17 feet (deed) 201.84 feet (actual); 7) North 38 degrees 27 minutes 20 seconds West 204.74 feet; and 8) South 69 degrees 31 minutes 30 seconds West 72.24 feet to the easterly line of Case's Lane; THENCE along the easterly line of Case's Lane, North 17 degrees 00 minutes 00 seconds West 73.36 feet to the lands of Swiatocha; THENCE along lands partly of Swiatocha and partly of Milius, the following two (2) courses and distances: 1) North 78 degrees 59 minutes 20 seconds East 211.81 feet; and 2) North 80 degrees 06 minutes 40 seconds East 293.07 feet to the westerly line of New Suffolk Road; � Schedule A Page 2 THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 343.60 feet to lands of Richard L. Horton; THENCE along said last mentioned land South 80 degrees 06 minutes 40 seconds West 150 feet to a point in lands herein described; THENCE partly along the lands of Richard L. Horton A.F. Cain, R. H. Case, C. Novitt and Axin (formerly Sauer), South 09 degrees 53 minutes 20 seconds East 500 feet; THENCE from said point North 80 degrees 06 minutes 40 seconds East 150 feet to the westerly line of New Suffolk Road; THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 172.10 feet to the point or place of BEGINNING. I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII I(IIIII IIIII IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Recorded: 08/31/2006 Number of Pages: 6 At: 01: 11: 07 PM Receipt Number : 06-0085297 LIBER: D00012467 PAGE : 209 District: Section: Block: Lot: 1000 109 .00 05 .00 008 .000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18 . 00 NO Handling $5 . 00 NO COE $5 .00 NO NYS SRCHG $15. 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $5.00 NO RPT $30 .00 NO SCTM $0 .00 NO Fees Paid $78. 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County F.E 0 F r 1 27 2, F'i C W ua j 0L,r:Ri-. Of Number of pages I TORRENS 0 P Serial# Certificate# Prior Ctf. # Deed . Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3—F— I Icz FEES Page/Filing Fee 1 %6 --- Mortgage Amt. 1. Basic Tax Handling 5. 00 2.Additional Tax TP-584 Sub Total Spec. /Assit. Notation or BA-5217 (County) Sub Total 6�-3 Spec. /Add. TOT. MTG. TAX EA-5217 (State) Dual Town Dual County R.P.T.S.A. cc Held for Appointment Transfer Tax Comm. of Ed. 5. 00 Mansion Tax j,IND'I The property covered by this motgage is Affidavit or will be improved by a one or two Certified copy P— family dwelling only. ------ L-) YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on Other Grand Total page# of this instrument. 4 1/j 0 51 G District -T's Section 109,00 F13 Block 4 1 'i00 S 61 Lot M�00Q) 5 Community Preservation Fund Real 1000 10900 0500 008000 Consideration Amount $ Property p T S CPF Tax Due $ Tax Service R LPA A Agency U 0 Improved Verification (31-A DUG-0 Vacant Land Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD & RETURN TO: Steven E. Losquadro, P.C. TD 649 Route 25A Suite 4 TD Rocky Point, NY 11778 TFTitle Company Information Co. Name Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Covenants & Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Manzi Trust The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of Southold Town of Southold In the,VILLAGE or HAMLET of Cutchogue BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) THIS DECLARATION made by John Elcik as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000,this 30 day of y US— , 2006, located at 9 Rockhall lane, Rocky Point,New York 11778, herein aTier referred to as DECLARANT, as owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct,approval of plans or approval of a Standard Subdivision or development on the PREMISES. 2.' As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that pursuant to Section A106-56(C) of the Southold Town Code, clearing limits for each lot as shown on the approved subdivision map are as follows: i. Lot 1 clearing limit—26,486.30 sq. ft. (35.00%) ii. Lot 2 clearing limit—20,310.34 sq. ft. (50.00%) iii. Lot 3 clearing limit—20,041.00 sq. ft. (50.00%) iv. Lot 4 clearing limit—22,415.07 sq. ft. (50.00%); and b. that access to Lots 1, 2 and 3 shall be from New Suffolk Avenue; and C. that access to Lot 4 shall be from Cases Lane; and d. that no changes to any of the lot lines without Planning Board approval; and e. that all stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner, and f. prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program, and g. the location of principal residential structures must be within the building envelope shown for each lot on the approved map, and h. construction of residences'on any or all of the lots on the approved map shall include the use of gutters, leaders and subsurface drywells to retain surface runoff, and i landscaping on any or all of the lots on the approved map shall consist of native, disease-resistant and drought-tolerant plants, and j. the residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map, and k. construction or residences on any or all lots on the approved map shall include the use of low flow faucets and toilets, and 1. pervious driveways shall be required to serve each lot on the approved map. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in ant and all leases to occupants,tenants and/or lessees of the above-described property and shall,by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS,their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS,their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional,the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 9. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within declaration shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, I terminated, revoked or amended by subsequent owners of property unless and until approved by a majorit�'"plus one vote of the Planning ar of the o or its successors, after a public hearing Elcik, as Trustee ACKNOWLEDGMENT State of New York ) : ):ss.: County of Suffolk ) a On the 3o day of " tvs, in the year 2006, before me, the undersigned, personally appeared, John Elcik personally known to me or proved to me on the basis of satisfactory evidence to be the individuals -3 + 41. _tn_Ci----,-yf—q-n-d-icknowledp-ed COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK 1, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof, do hereby that I have compared the anne ed with t1le originalC� (��p RECORDED in the office on under LIBER f. e. �.(�y�.,.....,,,,PAGE ,a0a.and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto se my hand and affixed the seal of said County and Court on this , . .I r day of..:. . ( l ..., 20. 6 CLERK A :.. , Schedule A ` Page 1 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the westerly line of New Suffolk Road (or Lane) with the northerly line of Cedars Road; THENCE from said point of beginning: RUNNING THENCE along the northerly line of Cedars Road the following (2) courses and distances: 1) South 80 degrees 19 minutes 30 seconds West 169.70 feet; and:. 2) South 73 degrees 39 minutes 50 seconds West 153.95 feet to lands of Caberon Properties, Inc; THENCE along said last mentioned land the following (8) courses and distances: 1) North 09 degrees 19 minutes 30 seconds West 198.76 feet; 2) North 80 degrees 06 minutes 40 seconds East 69.85 feet; 3) North 09 degrees 53 minutes 20 seconds West 112.72 feet; 4) North 77 degrees 53 minutes 30 seconds East 85.97 feet; 5) North 09 degrees 53 minutes 20 seconds West 373.95 feet (deed) 353.50 feet (actual); 6) North 63 degrees 12 minutes 40 seconds West 190.17 feet (deed) 201.84 feet (actual); 7) North 38 degrees 27 minutes 20 seconds West 204.74 feet; and 8) South 69 degrees 31 minute_ s 30 seconds West 72.24 feet to the easterly line of Case's Lane; THENCE along the easterly line of Case's Lane, North 17 degrees 00 minutes 00 seconds West 73.36 feet to the lands of Swiatocha; THENCE along lands partly of Swiatocha and partly of Milius, the following two (2) courses and distances: 1) North 78 degrees 59 minutes 20 seconds East 211.81 feet; and 2) North 80 degrees 06 minutes 40 seconds East 293.07 feet to the westerly line of New Suffolk Road; Schedule A Page 2 THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 343.60 feet to lands of Richard L. Horton; THENCE along said last mentioned land South 80 degrees 06 minutes 40 seconds West 150 feet to a point in lands herein described; THENCE partly along the lands of Richard L. Horton A.F. Cain, R. H. Case, C. Novitt and Axin (formerly Sauer), South 09 degrees 53 minutes 20 seconds East 500 feet; THENCE from said point North 80 degrees 06 minutes 40 seconds East 150 feet to the westerly line of New Suffolk Road; THENCE along the westerly line of New Suffolk Road, South 09 degrees 53 minutes 20 seconds East 172.10 feet to the point or place of BEGINNING. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF SOUr P.O.Box 1179 54375 State Route 25 � Ol0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � 1�[ Telephone: 631 765-1938 www.southoldtownny.gov �yCOUiVT`1,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 1, 2016 Mr. and Mrs. Richard Gallo 2 Bacon Court Bronxville, NY 10708 Re: Request of Fence Installation in Existing Clearing Limits for Manzi Homes Subdivision Located at 455 Cedars Road, Cutchogue SCTM#1000-109-6-9.3 Zoning District: R-40 Dear Mr. & Mrs. Gallo: The Planning Board reviewed the above-referenced application on February 22, 2016 and granted the request to install a fence located in the required 35% clearing limit as outlined in the Filed Covenants and Restrictions, Liber D00012467 and Page 209. The proposed fence will be installed on the property line and must avoid all existing trees which are three (3) inch diameter at breast height (DBH). The fence installation must meet all requirements of the Southold Town Code including obtaining any applicable permits. The Planning Board has permitted the fence to be constructed in the clearing limits based on the following: 1. The property is not adjacent to open space or a large habitat area. Based on the property location, the migration of wildlife through the property is expected to be low. 2. The proposed fence will allow the property owner to protect property and avoid further encroachments. 3. The only vegetation that will be cleared as a result of the fence installation will be the vegetation located in the fence line, and existing trees 3"dbh or greater will be avoided. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner cc: Stephen Kiely, Assistant Town Attorney -" MAILING ADDRESS: PLANNING BOARD MEMBERS *0v SUUT�o So P.hold, NY 1179 11971 DONALD J.WILCENSHI �� to Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G 54375 State Route 25 JAMES H.RICH III (cor. Main MARTIN H.IDOR yC�UNIy,� � Sou Youngs Ave.) th d, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21, 2016 Ms. Christine Churchill and Mr. Keith Scott Morton P.O. Box 134 ' & 25 East 6th Street Apartment 12 G Orient, NY 11957 New York, New York 10028 Re: Proposed Lot Line Change SCTM#1000-25-4-11.9 & 1000-25-4-7 Dear Ms. Churchill and Mr. Morton: The Planning Board reviewed your request to transfer 0.7 acres of open space preserved through the Planning Board approved Conservation Subdivision of Orchard Street Farms to SCTM#1000-25-4-7. After review, the Planning Board agreed not to support a proposed lot line change that would allow preserved open space to be divided and transferred to SCTM#1000-25-4-7. If you have any other questions, please do not hesitate to contact this office. Very truly yours, Donald J. Wilcenski Chairman cc: Charles Cuddy, Esq. Sabatino, Alyxandra K. From: Carla <gallocarla@aol.com> Sent: Wednesday,April 27, 2016 11:18 AM To: Sabatino, Alyxandra K. Cc: Kiely, Stephen;Terry, Mark; Lanza, Heather Subject: Re: Gallo-455 Cedars Road Good morning Ally, Thank you for your response. Unfortunately, we will not be out there before the May 2nd meeting.As you know this is our summer home and we are not there for another few weeks. I was trying to get the house ready for the summer and cleaning up some of the dead, broken branches in our backyard. We are not "clearing",just cleaning up. Either way, due to us not being there for now, I believe we will have to wait until I can get out there to schedule a site visit. I will reach out to you next time we are out there to schedule an appointment.Thanks for your help. Regards, Carla Sent from my iPhone >On Apr 26, 2016, at 3:08 PM,Sabatino,Alyxandra K.<alvxandra.sabatino@town.southold.ny.us>wrote: >Good Afternoon Ms. Gallo, >Thank you for your email.As discussed in our conversation on March 15th for your benefit and the Planning Board's benefit, please identify the area that you are proposing to clear. If the area is located in the clearing limits,the Planning Board will conduct a site visit prior to granting permission to clear. > I understand that you are choosing to plant additional pine trees in the clearing limit. Please note that as per the recorded covenant and restriction, all new plantings must be native, disease-resistant and drought-tolerant plants. I have attached our approved native planting list to this email. >After the site visit, I will bring this request to the Planning Board at their next available work session.The next upcoming work session is on May 2nd. > Please do not plant or clear anything within the clearing restricted this area until the Board has given their written permission to do so. >Thank you, >Aly >Alyxandra Sabatino > Planner,Town of Southold > Phone: 631-765-1938 > Email:Alvxandra.Sabatino@town.southold.ny.us >-----Original Message----- * From: Carla [mailto:gallocarla@aol.com] 1 >Sent:Tuesday,April 26, 2016 10:29 AM >To:Sabatino,Alyxandra K. >Cc: Kiely,Stephen >Subject: Gallo-455 Cedars Road > Hi Ally, > Per our conversation on March 15th,just wanted to inform you that we will be cleaning up dead underbrush and pieces of dead branches that are located around areas in our backyard.These items are dangerous to our children playing outside.We also plan on planting some more Pine trees along the back of our property near our fence. Please let me know if you have any questions. > Regards, >Carla Gallo >Sent from my iPhone ><Planting List.pdf> 2 Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Tuesday, April 26, 2016 3:09 PM To: 'Carla' Cc: Kiely, Stephen;Terry, Mark; Lanza, Heather Subject: RE: Gallo-455 Cedars Road Attachments: Planting List.pdf Good Afternoon Ms. Gallo, Thank you for your email.As discussed in our conversation on March 15th for your benefit and the Planning Board's benefit, please identify the area that you are proposing to clear. If the area is located in the clearing limits,the Planning Board will conduct a site visit prior to granting permission to clear. I understand that you are choosing to plant additional pine trees in the clearing limit. Please note that as per the recorded covenant and restriction,all new plantings must be native, disease-resistant and drought-tolerant plants. I have attached our approved native planting list to this email. After the site visit, I will bring this request to the Planning Board at their next available work session.The next upcoming work session is on May 2nd. Please do not plant or clear anything within the clearing restricted this area until the Board has given their written permission to do so. Thank you, Aly Alyxandra Sabatino Planner,Town of Southold Phone: 631-765-1938 Email:Alvxandra.Sabatino@town.southold.ny.us -----Original Message----- From: Carla [mailto:gallocarla@aol.com] Sent:Tuesday,April 26, 2016 10:29 AM To:Sabatino,Alyxandra K. Cc: Kiely,Stephen Subject: Gallo-455 Cedars Road Hi Ally, Per our conversation on March 15th,just wanted to inform you that we will be cleaning up dead underbrush and pieces of dead branches that are located around areas in our backyard.These items are dangerous to our children playing outside.We also plan on planting some more Pine trees along the back of our property near our fence. Please let me know if you have any questions. Regards, Carla Gallo 1 LS Sabatino, Alyxandra K. From: Carla <gallocarla@aol.com> D Sent: Tuesday, April 26, 2016 10:29 AM APR 2 6 2016 To: Sabatino,Alyxandra K. Cc: Kiely, Stephen Southold Mown Subject: Gallo-455 Cedars Road Planning Board Hi Ally, Per our conversation on March 15th,just wanted to inform you that we will be cleaning up dead underbrush and pieces of dead branches that are located around areas in our backyard.These items are dangerous to our children playing outside.We also plan on planting some more Pine trees along the back of our property near our fence. Please let me know if you have any questions. Regards, Carla Gallo Sent from my iPhone 1 ,� /21/2006 23:57 5317449421 STEVEN E LOSQUADRO PAGE 01 STFVFN R. LOSQUA D..O 64P ROUTZ 25A �;ar�:,�..rKinstet:;++rwoltr�T+�.::.:...:-.::.•+a•::>-�rirw.w«.rsa.�+'�tevnn:iir7� ROCKY POINT,NEW YORK 11778 (831) 744-9070 E FAX (631) 744-94°�1 •FITVPW.LU9QLitUJROLA4VP7R1S.UnM �� i' NOV 2 7 2006 FACSIMILE TRANSMITTA (631)?6541m s,�" .Ni'ryadii•'Sd';o-fw2an�ctYSnityd.v tA,. .. TO: Anthogy'l7tw , Sr, Planner Ir TOOK ST EV EN U.LOSQUADRO,P.C. RE: Old Orchard at Cutchogue DATE: November 22,2006 Dear Mr.Trezza: rlbn Cluid.o from Manzi homes asked that I forward the attached Amendment to Covenants and restrictions for your review. Kudly contact our office with any comments. Have a healthy,happy holiday. Thank you for your courtesy and consideration Sincerely, Frederick Napolitano 3 pages ineludirg cover 'Ill k me&sage ig iinendcd only for the ttSe of the individonl or entity to w•hioh it:ig addre58e4 and may Contain information that is privileged and canfidcntinl and mempt from disclosure. if the rondo of this messago is wo.t11c intended recipient or tiny employee or ogetlt reSp6nsihlc for tlelivering the mewige to the intended roeipiont you are herchy notli'cd flint any di•,cmiUatlon,distrihutlon,ar copying of this comamnieatioe is strictly prohibited. If you hrrvc received this communication in error,please notify us immediately by telephone%id rettiM Lne originnl rewssago to Lm by mail, Thank You. 11/2'1 208E 23:57 6317449421 STEVEN E LOSQUADR.O PAGE 02 AMENDMENT TO DECLARATION OF COVENANT AND RESTRICTIONS THIS DECLARATION made on this day of: —,2006 by John.Elcik as Trustee of the Joseph G.Manzi,Jr.,Irrevocable Trust, dated,February 28, 2000,herinafter referred to as DECLARANT,as the Owner of premises located directly north of Cedar's road in Cutchoa e,New York 11.935 and described(herein after referred to as the PREMISES)as SCTM.No. 1000-109.00-06.00-009,001,who desires to restrict the use and enjoyment of said PREMISES and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that the PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions; WHEREAS,DECLARANT has previously filed.with the Suffolk County Clerk covenants and restriations in Liber 12467 at page 209, and the DECLARANT hereby seeks to amend the covenants and restrictions filed only to the extent set forth herein;and W14E.RI~AS,the Planning Board of the Town of Southold consents to the srmendrnem of the covenants and restricti,on.s upon said land;and NOW,TREREEFORE,the DECLARANT, its successors and/or assignes hereby sets forth the following covenants,agreements and declarations against the above described property,. l. The DECLARANT hereby agrees that access to lot 1 shall be from cedar's Road, 2. The previously filed Declaration of Covenants and Restrictions,as recorded in the Office of the Suffolk County Clerk in Liber 12467 at page 209, will rerr.ain valid,with the exception of the noted change. 3. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws,ordinances, and/or regulations in effect at the time of execution of this agreement,or at the time such WAS, ordinances and/or regulations may thereafter be revised, amended, or promulgated.. 4. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof,as though.fully set forth, • t :i211 22-10E 23:5 7 6317449421 STEVEN E LOSQUADRO PAGE 63 5. The afotemcntioiied restrictive covenants shall.be enforceable by the---- Tovm of SouthOld,County of Suffolk an&or State of New Fork,by injunctive relief or by any otixer, remedy ill equity or at law. The failure of said agencies to enforce the wile shall not be deemed to affect the validity of this covenants I 6. These covenants and restrictions shall run with the land and shall be binding on the DECL.,kRANT5,their successors and assigns,$nd-upon all persons-or entities claiming under them.,and may be terminated,revoked'oa-&mended only with the ,,written consent of the rn.ajority plus one of the Southold PIihhiii$-Board, or-its successor body,following a public hearing. 7. If any section, subsection,paragraph,clause,phrase or provision of these covenants and restrictions shall.,by a Court of competent jurisdiction.,be adjudged illegal unlawful,invalid,or held to be unconstitutional,the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal unlawful,invalid,or unconstitutional. John Eloik, as Trustee ACKNOWLEDGMENT State of New fork j County of Suffolk ) On the day of in the year 2006, before me, the undersigned, personally appeared, John Elcik personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sanie in bis/her/their capacity(ies), and that by leis/her/their signature(s) ,on the instrument, the individual(s) or the person on bebal.f of which the individual(s) acted, executed the instrument. :Votary Public CUTCHOGUI CUTCHOGUE FIRE DISTRICT l s ® � So Board of Fire Commissioners T F.D. 260 New Suffolk Road, Cutchogue, NY 11935 Telephone (631) 734-6907 - Fax (631) 734-7079 E-mail: cutfd@optonline.net November 14, 2005 Planning Board Office Mr. Anthony Trezza PO Box 1179 Southold,NY 11971 • Ref: Old Orchard subdivision SCTM 1000-109-6-9.1 Dear Mr. Trezza, With reference to the above property, the Board of Fire Commissioners of the Cutchogue Fire District do not feel that a fire well is needed due to the properties location within range of an existing fire well or hydrant district and is adequately protected. Thank you for your request and please call if you have any questions. Very truly yours, Board of Fire Commissioners Matthew J. Martin • District Secretary • N0� 2 3 FACSIMILE To: John Guido (fax# 631-744-0032) From: Anthony Trezza, Sr. Planner Date: November 21, 2006 Re: Standard Subdivision of Old Orchard at Cutchogue 1000-109-6-9.1 Attached please find one (1) copy of an example Amended Declaration of Covenants and Restrictions that was used for another project. With respect to your C &R's,please be sire to reference liber 12467 and page 209. The change you will be adding will state the "access to Lot 1 shall be from Cedar's Road." You should also add a statement which says that the previously filed Declaration of Covenants and Restrictions will remain valid,with the exception of the noted change. Fax me a copy to review when completed. Please call if you have any questions. MAILING ADDRESS: PLANNING BOARD MEMBERS - P.O. Box 1179 JERILYN B.WOODHOUSE ��OF SO(/r�o Southold, NY 11971 Chair �Q 1 OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR cn 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Comm Southold, NY � Telephone: 631 765-193 8 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 2006 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, NY 11786 RE: Standard Subdivision of Old Orchard at Cutchogue The property is located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, November 13, 2006 adopted the following resolution: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 75,675 s.f. Lot 2 equals 40,620 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, it was brought to the Planning Board's attention at the public hearing that there is a discrepancy between the Declaration of Covenants and Restrictions and the final subdivision map, prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006; and WHEREAS, the Planning Board and the applicant agreed that a revised Declaration of Covenants and Restrictions will be filed to correct the discrepancy; be it therefore RESOLVED, that the Southold Town Planning Board hereby close the public hearing for this project and will render a decision at the next public meeting scheduled for December 11, 2006. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson 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 ec \3o\-. I 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 o t,�' ao e. . Cfi52S 1�an� axS C,C c . Your Name Mint) r Signa le Address Date Notary Public t ��R LAURA CANGEMI NOTARY PUBLIC State of New York a No. 9009611 Qualified in Suffolk County Commission Expires March 16,� PLEASE RETURN THIS AFFIDAVIT, CERTIFIED "t"RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Thurs., 11/9/06 Re: Proposed Standard Subdivision: Old Orchard at Cutchoque SCTM#: 1000-109-6-9.1 Date of Hearing: Monday, November 13, 2006, 6:05 p.m. Southold Town Planninq Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-109-6-9.1; 3. That the property which is the subject of this application is located in the Residential Low Density District, R-40 Zone; 4. That the proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f. The property is located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 13, 2006 at 6:05 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: Old Orchard at Cutchogue/Joseph Manzi Date: 10/20/06 P!, 4-1:14 -C 71--7, Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Souihoid 11!a1ining Board for FINAL PLAT APPROVAL for the subdivision described herein. I Name,of Subdivision '57-IRAJOAX0 'Subb7i w5;4)d o4 Oj-D OP-cWAxo )o7- 2. Suffolk County Tax Map I r-)9 Hamlet 4. Street Location A LI&AP,A R-0 A 5. Zoning District 6. Date of-Submission Sketch Plan Approvel Date Prelirranary Approval Date -7 Number of Lats Proposed 10. Acreage of Open Spacc/'Rcscn�ed Area 11. Affordabic Housing Units Proposed r. Percentage of Affordable Housing 13, If proNiding lets than 25%Modcratc .incorm Family Dwelling Units(.N11FL)U),please indicate FK)U'the property-owner imcnds on satisfying the affordable hou.sing requircmew pursuant to Section A 106-11 (B) of the Town Code. 14. Does the Final Plat oonforn-. substan-tifillvto the approved P;-ehm;rar) ["tat'? If rot,please explain the differeinces prepared by t-,<11P.1 other Silgauturc of Prep: r Date I ' ' I COMPLETE • COMPLETE • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature i o ' e item 4 if Restricted Delivery is desired. ❑Agent ® MAIL, RECEIPT ■ Print your-.name and address on the reverse ❑Addressee o !_� .. eStIC Mau Only, so that we can return the card to you. B. ec__ei.��ed.-�(Printed Name) C at f Del' e i i� ■ Attach this card to the back of the mailpiece, CJ �` N mMEM ' or on the front if space permits. f�, r If D. Is delivery address different from item 1? ❑Ye C3 NEtJ•Y813� j ] •." -i ",• 1. Article Addressed to: / t) txj' '' If YES,enter delivery address below: ❑No I -- ti Postage $ $0.39 47 B� l C3 Certified Fee 0 9 r� I C3 Return Receipt Fee $�° 0 J 09 a d�<\ \J�5��S� 1� S� (Endorsement Required) I e p® rk ru ) 0 p Restricted Delivery Fee o� L W I ,\ - ( `\- �� CIO (Endorsement r S•• � � 3. Service Type !,� Required) Certified Mail ❑ Express Mail I r1 ✓�> ❑ Registered ❑ Return Receipt for Merchandise I Total Postage&Fees try ❑ Insured Mail ❑C.O.D. I I:3 Sent To 11/02/ b06 "�_.• 4. Restricted Delivery?(Extra Fee El Yes I(i ._---___ ___ ry ) I O Street,Apt No.; or PO Box No. l ; ty a ---- s1--- = 2. ArticleNumtiet( - + 7`0Ij5' 1820 0��2 i8063 8020 i i' { i c;;"siara,Z%P+4" (Transfer from se • . PS Form 3811, February,2004 Domestic Return Receipt 102595-02-M 1540 I O C (�C*� { . ® e • - ,�MIAILTIMI® . I SECTIONPLETE THIS • TE'7141S SECT-ION ON P- ■ Complete items 1,2,and 3.Also Complete A ature (Domestic ° ° item 4 if Restricted Delivery is desired. , ❑Agent ■ Print your name and address on the reverse ❑� so that we can return the card to you. AQ —assee 150• L U ■ Attach this card to the back of the mailpiece B4.Received y(Printed Name) C. D to of elivery J or on the front if space permits. ',... l i m o Postage $ 0778 I 1. Article Addressed to: d' -YA� D.•Is%delivery address different from item 1? Yes 0 Certified Fee �an7 i J.I If YES,'enter delivery address below: ❑No EZI !=c Q Postmark p Retum Receept Fee re (Endorsement Required) C+, Restricted Delivery Fee )06 `rR (Endorsement Required) ' t fJ`�T Irn Total Postage&Fees ` ' q ) \ 3 ervice T e m "11L ! I Q i�r �\��—J 'a. �5 yP ❑ Sent To _-:/ rti it ❑Express Mail 'tied Ma' ' I ❑Registered ❑ cept for Merchandise � Sliest, 13 Apt.Noj'��....lr---•---••--•-•- �=-•..............•-------- Return Rei I , ❑C.O.D. or PO Box No. ��� _ .._...�.1 C d J ..... Insured Mail .... _ ___ -__..___. 4. Restricted Delivery?(Extra Fee) .. city;"state,ziP+a--" ❑ !�`�� 12• Article Number i -'- - -- ;_„ . _ _ Yes �T I (Transfer from Service, 7003 3110 00 06 3954 8679 :ir rr J PS Form 3811,February 2004 Domestic Return Receipt i'-- 102595-02-M-1540 SECTIONSEN-DER: COMPLETE THIS COMPLETE TPIS SECTIONON DELIVERY • Complete items 1,2,and 3.Also complete . Signature ; ��� ❑Agent item 4 if Restricted Delivery is desired. e Addressee �n ■ Print your name and address on the reverse , • ' so that we can return the card to you. eceived by Printed f�la C. e of D yv�ry � ,, • ° ■ Attach this card to the back of the mailpiece, l/JX�J1 0- or on the front if space permits. D. Is delivery address d Brent m Rem 17 d Ye frI .� 1. Article.Addressed to: If YES,enter delivery a s below: ❑No II C3 B05TON AA 02ii4� I I ! Postage $ $0.39 0778- C3Certified Fee $2.40 �- [►—� C r ' Poe-tmark �o J�_ � Return Receipt Fee U/ Here (Endorsement Required) `- 3. Service Type i C3 Restricted Delivery Fee �` GC rtlfled Mail ❑Express Mail ( ru (Endorsement Required) !1 ❑Registered ❑Return Receipt for Merchandise I CID CU ❑Insured Mail ❑C.O.D. ( rq Total Postage&Fees 11/0�6 4. Restricted Delivery)(Extra Fee) ❑Yes ILn 1:3 Sent To \ �O- / -__-___--__ :: i ::: E :: :: /:: •; 2. Article Number - ; i 7005=:182 0.0�2 8464 7428 Sliesf,Apt.No.; (Transfer from set or PO Box No. Q_1� �-__ _.___.___ -- ----------------------------- - - - PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 I city,state,z +4 OMPL • • D Flogtal Service,. SENDER: / • OCERTIFIED e ' A. Signature rn J ■ Complete items 1,2,and 3.Also complete ❑Agent • / ° item 4 if Restricted Delivery is desired. r Er ■ Print your name and address on the reverse Addressee so that we o return the card to yDU. B. Received by(Printed Name) C. Dat of D ive'y m w CiJTGt1UE �!Y 11935 { d4, RL .-� ■ Attach this card to the back of the mailpiece, or on the front if space permits. CID - Postage $ $0.39�+; �{:, i 8 i I D. Is delivery address different from item 1? Y ,I J 1. Article Addressed to: If YES,enter delivery address below: ❑ No Certified Fee /y $ .44 49 Postmar r a \,v� q C3 Return Receipt Fee O`�!�a re 1 �� C \1 , (Endorsement Required) U" _ Restricted Delivery Fee fu (Endorsement Required) co O 3 CC) �J �� ` 7 .l,Service Type Total Postage&Fees `�_11I0���00` C CV\O°(�V �) ��q 3J _ +- ertified Mail Express Mail A+ r6 ; u1 f Jn_ ❑` `�,•' � Registered ❑ Return Receipt for Merchandise ED Sent To C 2S o ❑ Insured Mail ❑C.O.D. ----------f -------------- Street,Apt.No.; /� O 4. Restricted Delivery?(Extra Fee) ❑Yes or PO Box No. -Q /-�ox-------------------- 4- ------------------------------ ' ----------- City,State, h coo � \�Q13.5;- 2. Article Number ,. 7005 1820 0002 8063 9430 (transfer from set - estic Return Receipt 102595-02-M-1540 '; PS Form 3$11, February2004 Dom ��� kL \ • p • • • • ■ Complete items 1,2,and 3.Also complete A. Signature; - item 4 if Restricted Delivery is desired. ❑Agent ■ • ■ Print your name and address on the reverse X �A' ❑Addressee ; ® ° ■ so that we can return the card to you. rU •° Only; ■ Attach this card to the back of the mailpiece, B e eived by(Printed Name) �f atejo��Deliv ryes or on the front if space permits. l 7 �� 1 i-0 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes �- r. �•°"' f �"°' tpy 41 11 .-` If YES,enter delivery address below: El No COTC �� 1` 93 1 eS )Ste(-.. 1 I It Postage $ s0.39 0,778-' r 1 r 22 D ED Certified Fee - Postm k I � Return Reciept Fee Type 3. ServiceTY (Endorsement Reguired) yi.. I �l J ertified Mail ❑Express Mail p Restricted Delivery Fee �0 (Endorsement Required) `\ ❑Registered ❑Return Receipt for Merchandise 1 -0 ❑ Insured Mail ❑C.O.D. 1 '-'1 �Total Postage&Fees 11/02/20,06 i 4. Restricted Delivery?(Extra Fee) ❑Yes ( frl Sent To / J 1 Co`1q�b_---s--__ �o �� ��s } ---=1 2. ArticleNumbE 7003. 1680 - 0006 7004 6226 ( C` Street,Aj;fWT, (Transfer from : nn p'l` or PO Box No. .-- lJ�� 1-S�J ------------------------------ � PS Form 3811,February2004 Domestic Return Receipt � city,Sieie,�ZIP+4 P 102595-02-M-1540� r' Postal Servicem SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY, m ° RECEIPT1 ■ Complete items 1,2,and 3.Also complete A. Signature I ° • item 4 if Restricted Delivery ry is desired. Spy ❑Agent `D X! ■ Print your name and address on the reverse ❑Addressee M 1 so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the l mail ece, o CU.T. {QGUEy i1�3 I; 'I - C I p ao �iL� G-� (�` 1 or on the front if space permits. fD Postage $ 0.3cf9©�, 077$ �tZ, ) 1. Article Addressed to: D. Is delivery address different from Item 17 JLYes ru V`? I If YES,enter delivery address below: No O Certified Fee �- l �yl �- o ;40 Ory `�O� o c�L� C3 Return Receipt Fee P C'ostmark I Q�� (Endorsement Required) 1 ere _ q o Here � Restricted Delivery Fee �{J� �_ I 3 rU (Endorsement Required) G \\6 4 ' �/J 023 I o 1 Total Postage&Fees 1 3. Service Type 11/0J2006 1 Certified Mail ❑Express Mail [SentT 1 ❑Registered ❑Return Receipt for Merchandise � 6C 1 ❑ Insured Mail ❑C.O.D. -- tNo.; p -------- �- O Box No. `3 l S 4. Restricted Delivery?(Extra Fee) ❑Yes -------- - CPJ.SeS eState,ZIP+4 ----------------------- 2. Article Number 01' R 3S� 1 (Tiansferfromser 7005 1820 .0002 8063 8136 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETE THiS SECTIP Oits ■ Complete items 1,2,and 3.Also complete A. Sign ture ■ • item 4 if Restricted Delivery is desired. El Agent frl ■ ° ■ ■ Print your name and address on the reverse HOM X El Addressee •• • so that we can return the card to you. B. Received by(Printe Name) C. D t of live ° ■ Attach this card to the back of the mailpiece, ��" CD WITIT"AMMEMW or on the front ifs ace permits. rn I t( p p D. Is delivery address different from item 1? ❑Yes �U '119 1. Article Addressed to: 1 \ IJ If YES,enter delivery address below: ❑ No 1 O / ff 1 �V� r0 �\Z(!-,�D 'L�'�c� �C��� / 1 � Postage $ �Q:3� -. -47'�$�,o �. ni o Certified Fee $F•40 09 Po t O Return Receipt Fee C/ ere O C��G` o J \rtf (Endorsement Required) + �; j � Z V� \ 3. Service Type ( � Restricted Delivery Fee t i`: i .00 _ /1 � rU (Endorsement Required) v�61 "�ertified Mail ❑ Express Mail co V ❑ Registered ❑ Return Receipt for Merchandise I r-9 Total Postage&Fees / '21/02/,�{�b ❑ Insured Mail ❑C.O.D. I Lr) ---� 4. Restricted Delivery?(Extra Fee) Q Yes � p en St T 2. Article Number �` Street,Apt No:;. (Transfer from se; 70'05 1820 0002 8063 8013 1 or PO BoxNo --- --a-�S Q �J S ` _ � ______________ -------------------- - - City,State,ZIP+4 3 S PS Form 3811,February 2004 Domestic Return Receipt Tf)2595-02-M-154o e U-Si ■ •stal • • • • ONDELIVERY Lr1 ■ Complete items 1,2,and 3.Also complete A. Sign re COO •. everage item 4 if Restricted Delivery is desired. / ❑Agent ■ P i I Tint your X name and address on the reverse ❑Addressee ; m ,= °1 so that we can return the card to you. y B. Received by(Printed Name) C. Date of Delivery O CUTft( (E Ar 119 5� ii ;f�;` � ■ Attach this card to the back.of the mailpiece, CDP �n or on the front if space permits. J� Postage $ Q,3�f- (� � 1. Article Addressed to: D. s delivery address different from item 1? ❑Yes fU �, If YES,enter delivery address below: ❑ No 09 O Certified Fee $ �0 r FOSIm rk O Return Recelpt Fee Her (Endorsement Required) 1 O Restricted Delivery Fee .f,�\ ���� `D p (>>�- , w rU (Endorsement Required)co _.� Total Postage&Fees r x C v �t Vie ) '`� 3. Service Type IJ7 .2.0063 ertified Mail ❑ Express Mail O Sent To I ❑Registered ❑Return Receipt for Merchandise , \ (� C �-� �- 4^ ❑Insured Mail ❑C.O.D. EtrIelet,Apt.No.; O Boxo. '6 p 4. Restricted Delive ? Extra Fee. ry ( ) ❑Yes ,St�State,ZIP-------------- -------------------- te,zIP+ � ' 3 1 2. Article Number - 1 (Transfer from set 7005 1820 0002 8063 8051 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540, COMPLETE ■ Complete items 1,2,and 3.Also complete ighature —item 4 if Restricted Delivery is desired. U.S. Postal ■ Print your name and address on the reverse 1 ❑Agent � rU CERTIFIED MAILT. . ■ so that we can return the card to you. 0 Addressee i (Domestic Mail'` ■ Attach this card to the back of the mailpiece, B ceived by(Printed N e) C e f D I' Only; Insurance Coverage provided) or on the front if space permits. /P fQ ry 1 . sed to: lip �- D. Is delivery address different from item 1? B � hA Fg- 1 Article Addres 3 If YES,enter delivery address below: ❑No I �. _.-- r Postage $ $0.39 0778 Certified Fee O `+ C $2L \� 1 QV!/ T Return Receipt Fee ) ark j (Endorsement Required) _� 3. Service Type ru Restricted Delivery Fee 11..� co (Endorsement Required) 20 recertified Mail ❑Express Mail r-q ❑Registered ❑Return Receipt for Merchandise Total Postage&Fees ❑Insured Mail 11/02/ ❑C.O.D. 4. Restricted Delivery? C3 Sent To ; ry (Extra Fee) i1', 2.,Article Num ber ' '—. -'-- - ------ ---- - ❑Yes Transferlf rom 7 00 _�__..-_.-._ _______5 1820r 002 8063 9065 or PO Box No. ry Domestic Return Receipt 0. �� 102595-02-M-1540 � ` :rr SENDER:U.S. Postal Service-,. • • COMPLETE • • •ELIVERY m (DomesticCERTIFIED MAIL,. RECEIPTOnly; ■ Complete items 1,2;and 3.Also complete A. Sig lure item 4 if Restricted Delivery is desired. [I Agent • ■ Print your name and address on the reverse X Addressee I o �� � 195 �J ° al so that we can return the card to you. B. Received (Printed Name) C. D to of Delivgry ■ Attach this card to the back of the mailpiece, / _ 7-0/- CO' ' '' - - Postage $ 0.39 j or on the front if space permits. �o fu I D. Is delivery address different from item 17 es C3 Certified Fee $ .40 1. Article Addressed to: o S If YES,enter delivery address below: No I O Retum Receipt Fee (� Cp.�) (EndorsementRequired) L� 2c�� V C3 1 l Restricted Delivery Fee rU (Endorsement Required) _\ 179 Total Postage&Fees $ 11/02/2006 C��C�o��2� �. 3. Service Type o Express Sent To`` Q C\ 1:19 steredail ❑ Reun Receipt for Merchandise r f` S`treer,4 ttl\Nr�o.; h ❑ Insured Mall ❑C.O.D. or PO Box No. ��_\(� _ ______ ________ .t) -____-_-_ 4. Restricted Delivery?(Extra Fee) ❑Yes Crry state,z�P+4 CPS v 2. Article Number 70.05 1820 0002 8063 8037 _ (Transfer from se - PS Form 381.1; February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE • ■ Complete items 1,2,and 3.Also complete A. Sign r� Postal item 4 if Restricted Delivery is desired. ❑Agent f ■ Print your name and address on the reverse CERTIFIED ' RECEIPT so that we can return the card to you. El Addressee (Domesticf p ec by(P' d Name) ate Deli ry I CO • urance Co ' ■ Attach this card to the back of the mailpiece, or on the front if space permits. m - 1. Article Addressed to: D. Is delivery address different from item r t r t t r CUG�Gtf� 19u ��� l ' If YES,enter deliver address below ! ! I�O.•-., " , t. V I ru Postage $ $D. 5►1= 1 \0° $ �� � � I O Certified Fee v / ) $2.4 �09 1 o O Return Receipt Fee __.Po mark ` '�'•�p L ,@l` vl � f Q (Endorsement Required) i ` 3. Service Type E3 Restricted Delivery Fee C,0�`��) �. 3 5� ertified Mail ❑Express Mall ) CO (Endorsement Required) U ❑Registered ❑Return Recelp! Total Postage&Fees ❑Insured Mail ❑C.O.D. 11/02/2006 l OLSentTo 4. Restricted Delivery?(Extra Fee),2. Article Number - —7.005;:1820 0002 8063 8150 I(Transferfromser iP+a 4 --__ ____ ___PS Form 3811,February 2004Domestic Return Receipt x o ,Iixoq siyj of r -- f ol•-E)'ON tlwJad f SdSfl I pled saes 19 96e1S0d 301ANEIS'XI-SOd S31`d1S t7311Nn f )ley sse10-;s�td it postal O RECEIPTCERTIFIED MAILT,, I In 1 ce Co Provided) r3 (Domestic Only; i� m t+��1r��} tr!am►t�. f1 r9 Ir+vt4rfaWKE Nr 11935 C3 d `o Postage $ $0.r3 $ f ru 0 p Certified Fee i$22�4OG 09 p. C3 - GP tmark .r O = �; I F Return Fee ere (Endorsement Required) . ed) C3 Restricted Delivery Fee rU (Endorsement Required) ra Total Postage&Fees $ 11/02/2006 Lr) r_3 Sent To --------------------- Street,Apt.No.; PQ or PO Box No. Q u7 S", S ---------------- ----------------- �r _�. ON DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION A gnatur a - ■ Complete items 1,2,and 3.Also complete ❑Agent m CERTIFIED MAIL,-. RECEIPT item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ❑Addressee Mom"tic Mail, so that we can return the card to you. B. Received by(Printed Name) C.Date of Delivery , Only; ■ Attach this card to the back of the mailpiece, r�- -(� I rrl or on the front if space permits. • 1`° CUTCHOCaJE 193.5 � Y ' ` 'D. Is delivery address different from Rem 1? Yes [ 0 1. Article Addressed to: If YES,enter deliveryaddress below: No �C0 ' ';'' V 1C " [ Postage $ �. 0 r 0g$ \ ( O Certified Fee C- .40 �6 C3 Return Receipt Fee "' Po Pier fier rk _ p�1( Lv�CV\© U�". [ (Endorsement Required) \, ru Restricted Delivery Fee 3. Service Type ( CID (Endorsement Required) t� �ertified Mail ❑Express Mail [ rq ❑Registered [3Return Receipt for Merchandise ( Total Postage&Fees /0 00�, ❑ Insured Mail [I C.O.D. [ [ O Sent To 4. Restricted Delivery?(Extra Fee) ❑Yes -C��� - -- --------=------------------------------------ Street,Apt.No.; �•2. Article Number 7005 1820 0002 8063 8143 or PO Box No. �.1Cu�S�xsv�� (Transfer from seN City State,ZlP+4 - -- ------------- 102595-02-M-1540 C�^i -� 6 �� PS Form 3811,February 2004 Domestic Return Receipt ; U.S.. Postal Service.Tm, Lm CERTIFIED MAILT. RECEIPT i ■ Complete items 1,2,and 3.Also complete A. Sign X re Ln • item 4 if Restricted Delivery is desired. (7 � ❑Agent D^ ■ Print your name and address on the reverse l.('i dressee 1 so that we can return the card to you. B. Recei by in ed Name) C. Dat of De ivory rr1 " 1 ■ Attach this card to the back,of the mailpiece, r C3 or on the front if space permits. co j D. Is delivery address different from item 1? Yes - Postage $ $0.39 t 077$� 1. Article Addressed to: _ j If YES,enter delivery address below: ❑ No � p Certified Fee or_,? . 09ostmark �.�C �E)C e- E3 Return Receipt Fee e (Endorsement Required) 1.� <� 0�7 Her Restricted Delivery Fee rU (Endorsement Required) $0.00 i �����C \ /t.3 S� � ) \} 3. Service Type ul Total Postage&Fees $ 11/02/2006 i ;,, ,,-Certified Mail ❑Express Mail O EtTo ❑ Registered ❑Return Receipt for Merchandise ���� �o�� ❑ Insured Mail ❑C.O.D. --------- ------ ------ --- -------------------------------- No.; 4. Restricted Delivery?(Extra Fee) ❑Yes No.---------------- - --------------------------------------------------------- 2. Article NumberZlP+a 700.5 1820 0002 8063 9553 C-u-k or.0 v \ 3 (Transfer from servl PS Form :00 June 2002 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS-SE(? TION. . ■ Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery is desired. El Agent O'Stal Service ■ Print your name and address on the reverse ❑Addressee NCERTIFIED RECEIPT so that we can return the card to you. B. Received by(P d Name) FC,17.ate of Deli ery r3 .. •■ Attach this card to the back of the mailpiece, ��rl �o or on the front if space permits. \ v D. Is delivery address different from Rem 1? ❑Yes M , rr R 1. Article Addressed to: If YES,enter delivery address below: ❑ No 0 CUT.CHO(,IE 1 .935 a - I) o--c' -1 �\ �� `O Postage $ $0.39. C " 0778- ni (� o• C, C3 1Certified Fee $2 40 09 E3 \ rr I/� ��G� 0.i •\\1�J Postmark E3 Return ReceiptFee J0 " ntReg & J(Endorsemewred) C l� 00 3. Service Type ( C3 Restricted Delivery Fee l Certified Mail ❑Express Mail ( fu (Endorsement Required) $0. e\ I ❑Registered ❑Return Receipt for Merchandise ( � ❑Insured Mail ❑C.O.D. ( Total Postage&Fees $ 044-64 11/re/2006` 4. Restricted Delivery?(Extra Fee) ❑Yes ul( O Sent To Sew 1y S i? 2. Article Number 7005 1820 0002 8063 8075 t Street,Apt.N-o (Transfer from se ( or PO Box No. P_O- PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 City State,ZT1fi5+4 \\A 3 PS Form,3800�June,2002 See Reverse for-Instructions SECTIONCOMPLETE THIS ON DiEuvERY • • _ _ SENDER: • • TM 11 ® e ' ( ■ Complete items 1,2,and 3.Also complete A. Signatu e Agent (DomesticLn ® , - i item 4 if Restricted Delivery is desired. X �/ ❑Addressee 0. 1 ■ Print your name and address on the reverse so that we can return the card to you. B. Re ived by( ri d ame C. Doti of Delivery rn r l F i- r n Attach this card to the back of the mailpiece, LL 1 Ja o CUTCH$UE NY �,03-sr Al\' L���i � I,�i " �� � � or on the front if space permits. _ D. Is delivery address different from Rem 1? es V ❑ No Postage $ $0.39 �j/0778 � y � 1. Article Addressed to: If YES,enter delivery address below: ru C3 Certified Fee $7. 09 t�q (}� C3 C3 Return ecet Fee (Endorsement Required) $1.8 �O ere Restricted Delivery Fee //, 1 rU (Endorsement Required) -$0.00 �'' �� [ u �G - � � [ 3. Service Type CID �tertified Mail ❑ Express Mail Total Postage&Fees $ \ii/�VL200b [ LrI ( ❑ Registered ❑ Return Receipt for Merchandise O Sent To I ❑ Insured Mail ❑ C.O.D. �____________•- �___ ____________ a ------------ 4. Restricted Delivery?(Extra Fee) ❑Yes Street,Apt.No.; p or PO Box No. ��' � CUB S�iS�?�`L -------------------------------- 1 2. Article Number 7005 1820 0002 8063 9546 ciry,State zIP+a 'k�� C' \q 3 ( (Transfer from ser " " , PS Form 3811, February 2004 Domestic Return Receipt- 102595-o2-M-154o COMPLETE • ON DELIVERY COMPLETE • ■ Complete items 1,2,and 3.Also complete A Signatu item 4 if Restricted Delivery is desired. ❑Agent � ® , ■ Print your name and address on the reverse ❑Addressee r R so that we can return the card to you. B. Received by(Printed Name) C. Date of Delive ° ■ Attach this card to the back of the mailpiece, — —6 M or on the front if space permits. Z cuic OG#iE !Y 11935` # t tJl ;� D. Is delivery address different from item 1? es O - 1. Article Addressed to: If YES,enter delivery address below: No rO Postage $ 0.39 I r. O{ � i p Certified Fee p ( (�� ,r 2 J l�\�O��L T`�, �u . �� —1 . O Return Receip(Endorsement Required)t Fee ® PO 09 za& I Restricted Delivery Fee , �� • `�-\3 5/ 3. Service Type i (Endorsement Required) $0.4Q 0 )940ertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise Total Postage&Fees 4•(i4 ('11 Q. v� ❑Insured Mail ❑C.O.D. L0 v, E3 Sent To ` 4. Restricted Delivery?(Extra Fee) ❑Yes I 0 l���.`t�al e- r- - `----------------------------------------------------------- ' I I Street, 2. Article Number I I or PO Box No. (Transfer from se 7 0 0 5 1820 0002 8 0 6 3 8112 1 crry state,ziP+g _______ __--a--------------��--------- 102595-02-M-t540 PS Form 3811,February 2004 Domestic Return Receipt i SENDER: COMPLETE THIS SECTION I COMPLETE THIS SECTION ON DELIVERY ' e � ®" �Service ILTm RECEIPT-no I ■ Complete items 1,2,and 3.Also complete A. Si natu item 4 if Restricted Delivery is desired. ❑ en CERTIFI t j •, only, " ' I I ■ Print your name and address on the reverse j so that we can return the card to you. ressee ■ Attach this card to the back of the mailpiece, B. Receiv d y(Printed Name) C gate of Delive 1 it j E -,mom or on the front if space permits. rn o CUTGHHOC�lE NT 1�935�� � Z-� ro \ 1 1. Article Addressed to: D. Is el' ery address different from Item 17 Yes Postage $ $0.39 0778 \ I If S,enter delivery address below: No fU `$2 40 Nei¢, 1 \ O Certified Fee Q I W ��\\ t S\C � C3 • ostlnar��JJ}}�r C3 Return Receipt Fee Here' �U J /� �t (Endorsement Required) fr i (� d x Gi 53 e- \Q I � Restricted Delivery Fee /" I rU (Endorsement Requred) q� )f .\\�3� 3. Service Type Total Postage&Fees 11/02/220% 1 0 Certified Mail ❑Express Mail ul ❑Registered ❑Return Receipt for Merchandise O Sent To ❑Insured Mail ❑C.O.D. L G\- e� ED -------------------------- 4. Restricted Delivery?(Extra Fee) ❑Yes Street, or PO BoxNa. �,p -- J- C _______________________________ I 2. Article Number 7005 1820 0002 8063 8068 City,State,ZIP+4 ` I (Transfer from set PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i SENDER: COMPLETE • COMPLETE SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ■ • ■ Print your name and address on the reverse X en LO LO so that we can return the card to you. ❑Add essee ■ Attach this card to the back of the mailpiece, ive n e) C.,ppte of Ike�-,ry j q • or on the front if space permits. ` , �bc• �� , co m ' D s de ivery a dress i Brent em 17 ❑Ye ' 1. Article Addressed to: s, 1- REMSBORGI M' 11 6� ;-(;wr 11 ( '•r If YES,enter deliveery addres F,- \J. AN �� Postage $ ru $O 39 0778 O Certified Fee Q- / O 93* Return Receipt Fee P°Stma k 1 O (Endorsement Required) 9 `` TO ervice T e 1 Here ,,\S L i\\bV.( �i� ) k�!y 1\(� G YP I 1 (EndorsemeDelivery tRequired) 0 / 6ertified Mail ❑Express Mall I �O0.� I Registered ❑Return Receipt for Merchandise i Total Postage&Fees Insured Mail ❑C.O.D. u7 --- 4. Restricted Delivery? sent T ����► Iz. Arl it ? i ' ri r ;ri :i - - - --(Tn 2 ' 1� Street, or P-Box No. a S . C City -ate.Z(P+4 __------n`�I PS Ft fe ar Szr,� 102595-02-M-1540 `I r � O . , Z' .0 • --- V1 (DomInsurance Coverage proidd) esdO MaJ1,01111y; • Q' • • • • ■ Complete items 1,2,and 3.Also complete A. Si at re m } item 4 if Restricted Delivery is desired. � '�'' °�' �r�, � � ■ Print Your CUTCW6 I f r name lt€.` Y m Y e o ,� �11•�35 I" �t� /t � r� , ,� � and address on th µ.�c;"`; , so that we can return the card a reverse X 0 Agent to you. ❑Addressee Postage $ $0.39 �7�8 ■ Attach this card to the back of the mailpiece, B•Received by(Printed Name) C. Date of Delivery nj 77 0 I or on the front if space.permits, m L LL Jr C3 Certified Fee //�,Z�� 0 �• ��Ci F 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes O Return Receipt Fee t I Po�st nnark i (Endorsement Required) 0e� = If YES,enter delivery address below: ❑No 1.85E Restricted Delivery Fee rU (Endorsement Required) 0• 22 (� C.®• ✓JOx \% 1 Total Postage&Fees �. 11i0`7200� O Seni To -I v O 3. Service Type ,� ---_----_L� .c e �c � ertrfied Mail Street Apt.No.; 2 ------------------------------------ � ❑Express Mail or PO Box No. P-(� 1..,OX t 1 ❑Registered ❑Return Receipt for Merchandise -- \ City State,ZiP+4 1 q ❑Insured Mail CU._ Ciro�-1�2. ` • �� 13� El C.O.b. 4. Restricted Delivery?(Extra Fee)2. Article Number ❑Yes (Transfer from se 7005 1820 0002 8063 9560 _ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Postal uIRECEIPT m 0- (Domesda Mail. o O 1 i ur r0 Postage $ $0 9 _ Q ru Certified i fied Fee p� I .-sa v rr O �'rO P ark 0 L#� Return Receipt Fee 1rY1 �1 O d ��O (Endorsement Required) .0 $ $Q.3.- s 0 CO {� Restricted Delivery Fee N I postage � �stmarkCID !! rl (Endorsement Required) rtitled 1 ee +?• �� Here f r-t'1 Ce m N r� `Q � Total Postage&Fees � AC- � 1� � Return Receipt fee � 1 ent Req a (Endorsem FeeQ O Sent To C�� f .---- - ---- 1 Restricted ❑sred) [`- Street,Apt.No.; " EndorsementReq s 'cc ( $ --PO Box Na. C O-C�-t - -- 1 Total Postage& City,State,ZIP+4 to �� - :rr .._-- 0 gent To ��2�>._.... 5 �- - freef,Apt•No.; —� - 3� r s \k ..._ �J-- \� or PO Box No. C)ry Statte. � rr US, Pogtal Q' - • Er . • p CEFITWIED RECru cp ro Uf m 4,. r f:, GUCttO ill`119a € i.. .'p . CO �� �C Postage $ Postage $ $0.3 t - ru Certified Fee a 7. (/) ru Certified Fee Q� C3 Q, ( Postmark O �o'tmark L1-1 O ' Q� O Return Receipt Fee `, Here p Return Receipt Fee Here 1 (Endorsement Requred) �� ;ti-� (Endorsement Required) �® 1 1-3 Restricted Delivery Fee �t. \ 0- v t7 Restricted Delivery Fee �O� (Endorsement Required) ; (Endorsement Required) 17=1 Total Postage&Fees ,� f��Ut/��Ci Total Postage&Fees $ 1/OJ 06 � E I '_ O Sent To _ f� Sent To — �(l kd- �------------------------------- ------------------------------ C` Street,Apt.IVo.; r \\ Street,Apt.No.; �nC � O O Cad aC S or PO Box No. O CuJ SSt?���V` - — or PO Box No. ------------ ------ �� ---- --------- ----------------- City,State,ZIP+4 MRIM �r State of New York. Suffolk County Tax Map Number 1000-113-7-1.1. 6:05 p.m. Proposed standard subdivi- ,sion for Old Orchard at Cutchogue,lo-i i cated on the n/w corner of New Suffolk I Road and Cedars Road in Cutchogue, 1 Town of Southold, County of Suffolk,; State of New York. Suffolk County Tax i Map Number 1000-109-6-9.1. i 6:10 p.m.Proposed amended site plan! for North Fork Custom Audio Video,lo- cated on the n/s/o New York State Road 1.25 approximately 4,755' c/o Aldrich Lane,in Mattituck;Town of Southold, County of Suffolk,-State of New York. Suffolk County Tax Map Number 1000 I125-1-19.7. 6:15 p.m. Proposed lot line change; for Richard &Susan Ward,located on the s/s/o Old North Road,approximately 1,380 feet w%o North Road.in Southold, Town of Southold, County of Suffolk; State of New York. Suffolk County Tax Map Numbers 1000-55-2-5.2&5.3. 6:20 p.m. Proposed standard subdi- vision for Southview Preserve, located on the s/s/o Main Bayview Road, ap- proximately 900' c/o Cedar Drive in Southold, Town of Southold, County of Suffolk,State of New York. Suffolk County Tax Map Numbers 87-5-21.4,87- 5-21.7-21.10. 1 6:25 p.m.Proposed conservation sub- division for Orchard Street Farm,located i on the n/w corner of King Street and Old' Farm Road and the s/s/o Orchard Street - --- - - County. LEGAL NOTICE in Orient, Town of Southold, Notice of Public Hearing of Suffolk,State of New York. Suffolk{ NOTICE IS HEREBY GIVEN that, County Tax Map Number 25.4-11.8. pursuant to Section 276 of the Town 6:30 p.m. Proposed amended site, Law and Article XXV of the Code of the plan for Cutchogue/New Suffolk Free; Town of Southold,a public hearing will Library,located on the s/e corner of New j be held by the Southold Town Planning York State Route 25 and Case's Lane in Board, at the Town Hall,,Main Road, Cutchogue,Town of Southold, County Southold,New York on the 13th day of of Suffolk,State of New York. Suffolk;i iNovember,2006 on the question of the County Tax Map Number 109-6-2.2. . `following: Dated: 10/31/06 6-00 p.m. Proposed standard subdi- BY ORDER OF THE SOUTHOLD i vision for Bennett Brokaw,located on TOWN PLANNING BOARD the s/s/o Bergen Avenue approximately Jerilyn B.Woodhouse 1,299'w/o Cox Neck Road in Mattituck, Chairperson, Town of Southold, County of Suffolk, 8089-1T 11/2 5� o F MAILING ADDRESS: PLANNING BOARD MEMBERS _ pF SO(/Ty P.O. Box 1179 JERILYN B.WOODHOUSE h�V� Ol0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G • 54375 State Route 25 GEORGE D.SOLOMON l (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ' 00ur�+, Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD. OFFICE TOWN OF SOUTHOLD October 17, 2006 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, NY 11786 RE: Standard Subdivision of Old Orchard at Cutchogue The property is located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, October 16, 2006, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f., Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, an application for sketch approval was submitted on November 20, 2001 but remained inactive during the Town's moratorium; and WHEREAS, the applicant resubmitted a sketch plan on June 20, 2005 and the Existing Resource Site Analysis Plan (ERSAP) on September 23, 2005; and WHEREAS, on December 12, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map, prepared by Jeffrey Butler, RE, dated last revised October 14, 2005; and WHEREAS, in a letter dated May 22, 2006, the applicant requested an extension of time for conditional sketch approval, which is set to expire on June 12, 2006; and WHEREAS, an application and fee for preliminary plat approval was submitted on May 30, 2006; and Old Orchard at Cutchogue Subdivision Page Two October 17, 2006 WHEREAS, on July 10, 2006, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006; and WHEREAS, on September 6, 2006, the applicant submitted the application and fee for final plat approval, five (5) mylars and nine (9) paper prints of the final map each containing the Health Department stamp of approval, one (1) copy if the filed Declaration of Covenants and Restrictions and the park and playground fee in the amount of$21,000; be it therefore RESOLVED, that the Southold Town Planning Board finds that the project is consistent with the policies of the Local Waterfront Revitalization Program based on the provisions set forth in the filed Declaration of Covenants and Restrictions (Liber 12467, page 209); and be it further RESOLVED, that the Southold Town Planning Board set Monday, November 13, 2006 at 6:05 p.m. for a final public hearing on the maps prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006. Please refer to the enclosed copy of Chapter 58, 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 Friday, November 10th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, erilyn B. Woodhouse Chairperson encs. P m) 12.6 an $ r q� ti6• .,, 'en A .fix '" 2.2 1 12.5,• aes y�• AQ h °+^ q` �' 3 K 4.4 4 N 2es o00 I.3 MA � v 32.7 tiro• r, ��1 ° a`"a c„ a� n - ..__ F 1.OA x+2.1 5n ^'fir 8 3 y0, 1.7.2 ,'Pw . E T'� M5 13.6 ,,,'•7 . T e^ A qJ�L, Re)Rpea 255 (,�$ x<° ys O2 12.3 nv 3J �66 5x° 6" e a ° n 4 g•{ 3°12.9 3 7.3 12 O .y .2 J A MAIO) - °a T J 4 4P o 8 +s° 3.9A z iu esoY 5 ,� 9.3 ,,12.1 •„ 8� •n° ° 14.35 (21%6 10.4 LOAM) 11 y °,e r +m x- - 1.pAfc) 4.3 117AfU 14.36 a ac toe v 12$ 10.3 i 1.2A(d e LOAN ' c $ S° •``� 14.34 15 13'o rn w 7 TEE i. is MA(c) L L 13 7Afc1 '',Scs 27.2 v a.. N $ 10.5 m �' SAA LOAM I^ -< 14.4 14.33 ,r 12 Cl 27.1 I« p0 14.32zS 14.5 - - 13 N�~ g +5a 18 e 5 6.1 s ' - 14.31 nn 24 r 1 1.OA(d i z 19 fi.3 1.2A(cl I^a" m 14.6 as MAY Rso•1 CEDAR Tc 1.8A(c) \` 99.BA .. I3 es ,' PATH ase Ro 1 ° 28 je20 wl , 16.1 <0 e 14.39 I MA(c) 21 -14.46 �e„e�•a...�.�.m m.L�.�� ..•....-A:>\,.•',...>.....-,...®,f,a.:>,mr..-��5..�0..<-,..,zs14.47 1.IA(G 14.45 5 I 1.7A(c)14 .43 O 2.6A(c) 23.2 27.SA(c) COUNTY OF SUFFOLK i )DEVELOPMENT RIGHTS) /09 (ION I 23.3 FOR PCL.NO. ... SEE SEC.]16-03-001 - ,asvua- - fr.�r.�_-v.vv._, iszo•� LIN N 295.20D N E 6 IPERTR -,�;,,<,.;�-<. -s:vn.u:x.:o:.kwv-x K .. ' ..n..n�a,....-.a..._ TOWN OF SOUTHOLD SECTION NO sr - •�.-�-y �.,�:..«a�,.��,,.,.. ,3.._.=.•..�.� E 1ao 1oz eoT Y 100 ,Os 1,0 VILLAGE OF 109 P 06TRIC7 a 1000 s PROPERTY MAP ------------ h Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-109-6-9.1; 3. That the property which is the subject of this application is located in the Residential Low Density District, R-40 Zone; 4. That the proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f. The property is located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2nd FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, November 13, 2006 at 6:05 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: Old Orchard at Cutchogue/Joseph Manzi Date: 10/20/06 OLD ORCHARD AT CUTCHOGUE STANDARD SUBDIVISION 1000 = 109 =6 =9ml Proposal to subdivide a 4.619-acre parcel into four lots where Lot 1 equals 67,913 s.f., Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f. MONDAY, NOV. 139 2006 - 6 : 05 P . M . 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 I 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, Thurs., 11/9/06 **************************************************************************************************** Re: Proposed Standard Subdivision: Old Orchard at Cutchoque SCTM#: 1000-109-6-9.1 Date of Hearing: Monday, November 13, 2006, 6:05 p.m. fi l�Transmittal MANZI HOMES,INC P.O Box 702 Rocky Point,NY 11778 631-744-1039 Fax:631-744-0032 Cell:516-644-3557 To:Anyhony Trezia CC: From: John Guido Date:September 6,2006 Re:Old Orchard At Cutchogue SCTM#1000-109-06-9.1 Final Plat Application '�3.e'Y{"aAbP iV N 16 Paper Maps 1 8 Paper Maps rr H 5r Mylars i --- ---` Copy Of Filed C&R's SEp _ 6 2006 SQ b (w&AAU-P/`� Final'ApplicationFee _ Park and Playground Fee a It- I v% Final Hearing Letter MANZI HOMES, INC. 649 ROUTE 25A SUITE I ROCKYPOINT, NEW YORK 11778 September 1, 2006 Anthony Trezza Senior Planner Town of Southold PO Box 1179 Southold,New York 11971 Re: Old Orchard at Cutchogue Dear Mr. Trezza: I write to follow up on our recent conversation regarding this application. As a hearing has already been held regarding this application, and no aspect of the plans or the application has changed in any way, I request that the Town act to conclude this matter and bring about final plat approval. Thank you. )incerely, ohn Guido 9 2006 1l. L�_ 08/24/2006 14:41 6317440032 MANZIHOMESINC PAGE 01 MANZI HOMES, INC. P. O. BOX 702 ROCKY POINT,NEW YORK 11778 631-744-1.039 FAX TRANSMITTAL LETTER DATE: August,24 2006 TO. Anthony Trezza FROM. John Guido Fax# 631-765-3136 RE., Old Orchard At Cutchogue Dear Mr, Trezza, Please review these Covenants before I file them Thanks,John Guido qr G 20R06 AU 08/24/2006 14:41 6317440032 MANZIHOMESINC PAGE 02 r THIS DECLARATION made by John Elcik as Trustee of the Joseph G, Manzi,Jr., Irrevocable Trust,dated February 28,2000,this_`day of ,2006, located at 9 Roekhall lane,Rocky Point,New York 1]778,herein after referred to as DECLARANT,as owner of prernises described in Schedule"A" annexed hereto (hereinafter referred to as PREMISES)desire to restrict the use and ct joyraent of said Premises and has for such purpose determined to impose on said PREMMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold(herein. after referred to as TOWN) for a permit to construct, approval of plans or approval of a Standard Subdivision or development on th.e PREMISES. 2. As a.condition of approval by the TOWN of the subdivision or development application,the DECLARANTS covenant as.follows: a. that pursuant to Section A I06-56(C) of the Southold Town.Code, clearing limits.for each lot as shown on the approved subdivision.map are as follows: j. Lot i clearing Iimit—26,486.30 sq. ft. (35.00%) ii. .Lot 2 clearing limit—20,310.34 sq.ft_ (50.00%) W. Lot 3 clearing limit—20,041.00 sq. ft. (50.00%) iv. Lot 4 clearing.limit—22,415.07 sq. ft. (50.00%),and. b. that access to Lots 1, 2 and 3 shall be from New Suffolk,Avenue; and C. that access to L of 4 shall be from Cases Lane; and d. that no changes to any of the lot lines without planning Board approval; and el that all stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be.retained on site and shall be the responsibility of each propezty owner, and f. prior to any construction activity,DECLARANTS sb.all secure a General Permit for Storm-water Runoff from Construction Activity(GP-02-01) administered by the New York State Department of Environmental Protection(DEC)under the Phase 11 State Pollutant Discharge Elimination System(SPDES)Program, and g. the location of principal residential structures must be witltia the building envelope shown for each lot on the approved map,and h, construetio» of residences or,any or all of the lots on the approved map shall include the use of gutters, leaders and subsurface drywells to retain surface runoff, and i landscaping on any or all of the lots on the approved rn.ap shall consist of native,disease-resistant and drought-tolerant plants,and j. the residential application of synthetic fertilizers and pesticides is prohibited on each Iot as shown on the approved map, and 08/24/2005 14:41 6317440032 MANZIHOMESINC PAGE 03 ti IL construction or.residences on aay or all lots on the approved map shal l include the USO of'.low flow faucets and toilets,and 1. pervious driveways shall be required to serve each lot on the approved. reap. 3. The DECLARANTS their, successors and/or assigns shall set forth these covenants, agreemects and decla:.ations in ant and all leases to Occupants,tenants and/or lessees of the above-described property and shall,by their terms,subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS,their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local,state, and federal laws, ordinances,and/or regulations in affect at the time of execution of this agreement, or at the time such laws, ordinances,and/or regulations may thereafter be revised, amended,or promulgated. S. This document is made subject to the provisions of all laws required or by their provision.,,to be incorporated herein and they are deemed to be incorporated herein an.d made apart hereof., as though fully set forth. 6. The aforementioned.restrictive covenants shall be enforceable by the Tower,of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenarts and restrictions shall run with the,land and shall be binding on the DECLARANTS,their successors and assigns, and upon.all persons or entities claiming under theirs. S. If any section, subsection,paragraph,clause,phrase or. provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful., InvaUd,or held to be unconstitutional.,the same shall not:effect the validity of the covenants as a whole, or any part or provisionn hereof other than that part so adjudged to be illegal., unlawful, invalid,or unconstitutional. 9. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be.incorporated herein and made a part hereof, as though fully set forth. That the within declaration shall run with the land and shall be binding upon the DECLARANT and,its successors and assigns,and upon all porsons or entities claiming under them,and may not be annulled,waived, changed,modified, 08/24/2006 14:41 6317440032 MAN?IHOMESINC PAGE 64 terminated,revoked or amended by subsequent owners of,the property uxiless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, alter a public hearing John E16k, as Trustee ACKNOWLEDGMENT State of New York ) County of Suffolk ) On the day of in the year 2006, before me, the undersigned, personally appeared, John.Flcik personally known to m.e or proved to me on the basis of satisfactory evidence to be the individuals whose name(s) is/are subscribed to the within instrument and acknowledged. to me that he/she/they executed the same in hi.s/her/their capacity(ies), and that by hisiherltheir signature(s) on the instrument, the individual(s) or the person on behalf of which the individual(s) acted., executed the instrument. Notary Public 08/23/2006 13:,11 6.317440032 MANZIHOMESINC PAGE 01 MANZI HOMES, INC. P. O. BOX 702 ROCKY POINT,NEW YORK 11778 631-744-1039 FAX TRANSMITTAL LETTER DATE: August,23 2006 TO: Anthony Trezza CP FROM: John Guido Fax 4 631-765-31.36 RE: Old Orchard At Cutchogue Dear Mr.Trezza, Please review these Covenants before I file them Thanks,John Guido 7- AUG' 2 4 2006 08/23/2006 13:41 6317440032 MANZIHOMESINC PAGE 02 DzMAFT COPY TI-11S DECLARI.ITION made by John.Elcik as Trustee of the Joseph G. Manzi,Jr., Irrevocablc Trast, dated Febivary 28,2000,this_day of. ,2006, located at 9 Rockhall lane, Rocky Point,New York 11.778,herein after referred.to as DECLARANT, as owner of premises described in Schedule"A" annexed hereto (hereinafter refen,-ed to as PREMISES)dasire.to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: I. DECT AFLL%NTS have ma-de application to the Town of Southold,(herein after referred to as TOIA N)for a permit to constnict,approval of plans or approval of a Standard Subdivision or development on the PREMISES. 2, As a condition of approval.by the TOWN of the subdivision or development application,the DECLARANTS covenant as follows. a. that pursuant to Section Al06-56(C) of the Southold Town Code, clearing limits for each lot as shown.on,the approved subdivision map are as follows: i. Lot 1 clearing limit—26,486,30 sq. ft. (35,00%) 11, Lot 2 cleari.n.g limit—20,310.34 sq, ft, (50.00%) iii. Lot 3 clearing limit—2.0,041.00 sq. ft. (50.00%) iv. Lot 4 clearing limit—22,41.5,07 sq. f1;. (50.00%);and b. that access to Lots 1,2 and 3 shall be frorn'New Suffolk Avenue; and C. that access to Lot 4 shall be from Cases Lane;and, d. that no changes to any of the lot lines without Planning Board approval; nd el that all stormwater i�anoff resul.tirag from the development of any or all of the lots on the subdivision zm.ap s.bail.be retained on site and shall be the responsibility of each property ovmer. and f, prior to any construction activity,DECLARANTS shall secure a.General Permit for Storm-water Runoff from.Construction Activity(GP-02-01.)administered by the New ti'o.rk State Department of Environmental Protection(DEC)under the Phase II State Pollutant Discharge Elimination System(SPDES)Program,and g. the location of principal residential stntctures must be within the btulding envelope shown for each lot on the approved,map,and. h. cortistruction of residences on any or all of the lots on the approved neap shall include the use of gutters, leaders au.d subsurface drywells to retain surface runoff, and z landscaping on any or all of,the lots on the approved map shall consist of native,disease-resistant and drought-tolerant plants,and j. the residential application of synthetic fertilizers and pcsti.ci.des is prohibited on each lot as shown.on the approved reap,anal 08/23/2006 13:41 6317440032 MANZIHOMESINC PAGE 03 ti k. con.structi.oai.or residences on any or all lots on the approved i�.ap shall include the u.se of low flow faucets and toilets, and 1. pervious dx.iveways shall be required to serve earn lot on the approved map. ?. The DECURANTS their successors and/or assigns shall set forth these covenants, agreements and declarations ui ant and alk leases to occupants,tenants and/or lessees of the above-described property and shall., by their teens, subject same to the covenants and restrictions conta.in.ed herein. Failure of the DECLAkANTS,their successors and/or assigns to so cor,7.dition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of11mitation upon any provisions of local, state, and federal laws,ordinances,and/or regulations in effect at the time of execution.of this agreement, or at the time such laws, ordinances,and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws.required or by their provisions to be incorporated herein and they are dee n-ed to be incorporated herein and made a par hereof, as though 'rul.l.y set forth. h. The aforerne-mioned restrictive covenants shall be enforceable by the Town of South.okd, State of New York, by injunctive relief or by any other remedy in equity,or at law. The failure of said agencies of the Town of Southold to enforce tlae same shall not be deemed to affect the validity of this covenant nor to impose any li abi.lity whatsoever upon the County of Suffolk or any officer or employee thereof, 7. These covenants and restrictions shall rLui with the land and$.hall be binding on,the DEC1-ARANTS,their successors and assigns,and,upon all persons or cntities claiming under them. 8. if any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or. held to be unconstitutional,the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful,invalid, u.r w1constitutional. John El.cikc, as Trustee MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE o���F s��ryOl Southold, NY 11971 Chair Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Old lr4UNTY Southold, NY ,� Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 2006 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, NY 11786 RE: Standard Subdivision of Old Orchard at Cutchogue The property is located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, July 10, 2006 adopted the following resolution:,, The public hearing was closed. WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 75,675 s.f. Lot 2 equals 40,620 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, on December 12, 2005, the Planning Board granted conditional sketch approval upon the map prepared by Jeffrey T. Butler, P.E. dated last revised October 14, 2005; and WHEREAS, an application for preliminary plat approval was submitted to the Planning Board on May 30, 2006 and included a revised map entitled Preliminary Subdivision Map of Old Orchard at Cutchogue, prepared by Jeffery T. Butler, P.E. and James B Behrendt, L.S. dated last revised May 24, 2006; and WHEREAS, on May 30, 2006 the applicant submitted the LWRP Coastal Consistency Review Form and the draft Declaration of Covenants and Restrictions; be it therefore T o_ Old Orchard at Cutchogue Page Two July 11, 2006 RESOLVED, that the Southold Town Planning Board hereby grant Preliminary Plat Approval upon the map prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006, subject to the following conditions: 1) Submission of the application and fee for final plat approval. 2) Submission of the final subdivision map containing the following revisions: a) The final map must contain the Health Department stamp of approval. b) The title of the map shall read "Final Plat for the Standard Subdivision of Old Orchard at Cutchogue." c) Please remove the handwritten clearing information and replace it with proper type-print. d) Add the additional Covenants and Restrictions to the map as described below. e) The building envelope on Lot 1 must be revised to include one rear yard setback of 50' and one side yard setback with minimum of 15'. 3) The draft Covenants and Restrictions shall be revised as follows: a) The lot clearing limit for Lot 1 as stated in the Covenants and Restrictions must match the information shown on the survey. b) "The location of principal residential structures must be within the building envelopes shown for each lot on the approved map." c) "Construction of residences on any or all of the lots on the approved map shall include the use of gutters, leaders and subsurface drywells to retain surface runoff." d) "Landscaping on any or all of the lots on the approved map shall consist of native, disease-resistant and drought-tolerant plants." e) "The residential application of synthetic fertilizers and pesticides is prohibited on each lot shown on the approved map." "Construction of residences on any or all of the lots on the approved map shall include the use of low flow faucets and toilets." g) "Pervious driveways shall be required to serve each lot on the approved map." 4) Submission of the park and playground fee of$21,000. Preliminary plat approval is valid for six (6) months from the date of the resolution, unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson 07/03/2006 18:11 631—%34-7013 CUTCHOGUE LIBRARY PACE 01 Cutchogue—New Suffolk Free Library Y. O.1�oz 935 27550 Main mad Cutchogmei NY 11935 (631) 734.6360 Fax: 631734 701.0 DATE: b SUBJEC - loF1J1V[BER OF P.*GE5 � c�.L�'���L�` C,�'vh/�'/ S��°�•� S� d P�F CAjlYat l!'1 ,S �—•.::.��.."" r is i:�a,,,f?°' t'?y`r 07r 3/200 18:19 631-734--7010 CUTGHUGUE LIBRARY PAGE 62 July 3. 2006 _ x 1 Ms.Jeri Woodhouse,chair r t Southold Town.Planning Board Southold Town kiall --' Lear. Ms. Woodhouse, We would like to coinnient on the Old Orchard at Cutchogue/Manzi application pending before your board,but will be unable to attend the public hearing and so ask that you read this letter into the record. As the owners of the property at 1650 New Suffolk Road in Cutchogue,we.border the Old Orchard site on two sides. While the application certainly fits the current zoning,we oppose the Planning Board's decision,reached during a work.session discussion earlier this year,to eliminate the prohibition against further subdivision. The rationale given at that time was that the property lies within the Cutchogue HALO zone,and so could be an. appropriate site for more intensive development. We must point out,however,the Town Board has not seen fit to add the HALO concept to the Town Code,nor has it taken any steps to legally define the boundaries. In fact,the Town Board appears to be moving in the opposite direction by scheduling a public hearing for tomorrow,July 11,to permanently preserve the Cedars Golf Course,which is immediately adjacent to the Old Orchard site..As you know,the golf course also lies within the purported HALO zone. 07/03I20a6 18:19 631-734-7010 CUTCHOGUE LIBRARY PACE 63 That development rights purchase would provide the Old Orchard project the immense benefit of offering home sites adjacent to a publicly protected golf course. We suggest that it would be basically unfair to the area's residents to give the applicant a second bite at the apple,if you will,by allowing the possibility for another subdivision in the future.That would be akin to the Building Department giving us a permit to convert our garage into a repair shop based on the assuzx►ption that the Town Board might one day permit that use. The bottom.line is that, in spite of much debate,there is no reference to be found anywhere with the Town Code to H.ALOs. That mcans the idea of leaving open the possibility of a future subdivision has no more legal standing than dues the suggested density reduction proposed under five-acre zoning.As you recall,that issue also came beforo the'Town Board, which did not approve it.Following the reasoning behind your preliminary discussion to remove the"no farther subdivision language,"the Planning Board could just as easily suggest that with less than five acres,the Old Orchard property should have only one lot. But that also would not be supported by the code. We ask that the Planning Board limit its determination on this subdivision map to what is permitted tinder the code,not on what another branch of town government might or not do in the fitture. Thank,you for your attention. 07/03/21006 18:19 631-734-7010 CUTCHOGUE LIBRARY PAGE 04 Sincerely, Tim Marna Kelly #7948 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/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 29TH day of June , 2006. Principal Clerk Sworn to before me this day of 2006 CHRISTINA VOLINSKI LEGAL NOTICE NOTARY PUBLIC-STATE OF NEW YORK Notice.ofPutiGcHearing No. 01-V06105©fi<< NOT ICE,IS HEREBY GIVEN that;, pursuant,tq.Sectton 27,6 of the Town Qualified In Suffolk Ca.arty Lafv;an&P,rtcle XXU of the Code.of Commission Expires February ,28 2008 the Town of.,Southold,.a public hear. mgavill be held.by the Southold:Town Planning Board at the Town£Ta11-,1vlain Road Soutliold New York on the loth `day of July,?A06 on the_ question,of the- following 6 00 p m.Proposedstandard sdb.divi-. sion for Old-,Orchaid.:at'Cutchogue.to sated on eit7"nTw corner.o£New.Sriffolk. Road and Cedars Road m Cufchogue; Town of Southold,Gounty of Suffolk, State oflew.York. Suffolk County Tax Map:Number 1000 109-6 9 1 6e05 p m ,;Proposed site plan for RWlyIEnterpnses Incaocated on the s/. w corner of the mtersechon of Route 25. and9 uth Bane op.the s/s/o,Route 25` m Southold,Town of Southold;;County., of Suffolk;State of New York $gffolk County Tax lllap Number 1000=121 1 4.6 Dated 6F27/06 BY ORDER OF THE SOUTHOLD TOV� PLANNING$OARD ' Jerilyn B:Woodhouse Chairperson 7948=IT 6129 Message g Page 1 of 1 Randolph, Linda From: Jean Burgon Uburgon@timesreview.com] Sent: Tuesday, June 27, 2006 9:03 AM To: Randolph, Linda Subject: RE: REVISED Legal ad for 6/29 edition Linda, I'm confirming that this is the legal notice that will be running 6/29. Thanks! Have a great 4th. Jean -----Original Message----- From: Randolph, Linda [mailto:Linda.Randolph@town.southold.ny.us] Sent:Tuesday, June 27, 2006 8:28 AM To: jburgon@timesreview.com Subject: REVISED Legal ad for 6/29 edition Jean, Please publish the attached legal notice of the July 10 Planning Board Public Hearing and send confirmation of receipt. Thank you, Linda Randolph 6/27/2006 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 27th day of June, 2006, 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. 07/10/06 Regular Meeting: 6:00 p.m. Public Hearing for the proposed site plan for Old Orchard at Cutchogue — SCTM # 1000-109-6-9.1 6:05 p.m. Public Hearing for the proposed site plan for RWM Enterprises, Inc. — SCTM# 1000-62-3-p/o 22.1 Linda Randolph Secretary, Southold Town Planning Board Sworn to before me this �It day o UJV _ , 2006. 1 � Nota blic MELANIE DOROSKI NOTARY PUBLIC,State of New York No, 01 D04634870 Qualified in Suffolk County.. Commission Expires September 30 t u MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE O``\\tF S�UryOl Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON �p (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COUN Southold, NY TY,� 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 10th day of July, 2006 on the question of the following: 6:00 p.m. Proposed standard subdivision for Old Orchard at Cutchogue located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-6- 9.1. 6:05 p.m. Proposed site plan for RWM Enterprises, Inc. located on the s/w corner of the intersection of Route 25 and Locust Lane on the s/s/o Route 25 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-62-3-p/o 22.1. Dated: 6/27/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson MAILING ADDRESS: PLANNING BOARD MEMBEho P.O. Box 1179 JERILYN B.h OODHOUSE Ow`�QF S�U�yOI Southold,NY 11971 C OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR cn -INC 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Old 104UNT`I Southold, NY ,N 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 10th day of July, 2006 on the question of the following: 6:00 p.m. Proposed standard subdivision for Old Orchard at Cutchogue located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-109-6- 9.1. 6:05 p.m. Proposed site plan for RWM Enterprises, Inc. located on the s/w corner of the intersection of Route 25 and Locust Lane on the s/s/o Route 25 in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-62-3-p/o 22.1. Dated: 6/27/06 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Jerilyn B. Woodhouse Chairperson PLEASE PRINT ONCE ON THURSDAY, JUNE 29, 2006 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times -1 MAILING ADDRESS: J PLANNING BOARD MEMBER'a P.O. Box 1179 JERILYN B.WOODHOUSE ``�OF S�UrjyO Southold, NY 11971 Chair �� l0 OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR cn 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ���, N�Y Southold, NY �4U ,� Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13, 2006 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, NY 11786 RE: Standard Subdivision of Old Orchard at Cutchogue The property is located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, June 12, 2006, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, an application for sketch approval was submitted on November 20, 2001 but remained inactive during the Town's moratorium; and WHEREAS, the applicant resubmitted a sketch plan on June 20, 2005 and the Existing Resource Site Analysis Plan (ERSAP) on September 23, 2005; and WHEREAS, on December 12, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map, prepared by Jeffrey Butler, P.E, dated last revised October 14, 2005; and WHEREAS, in a letter dated May 22, 2006, the applicant requested an extension of time for conditional sketch approval, which is set to expire on June 12, 2006; and WHEREAS, an application and fee for preliminary plat approval was submitted on May 30, 2006; and I Old Orchard at Cutchogue Page Two June 13, 2006 WHEREAS, the Planning Board reviewed the preliminary map prepared by Jeffrey Butler, P.E, dated last revised May 24, 2006, and the revised draft Covenants and Restrictions at their work session on June 5, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby approves the extension of time request for sketch approval, effective from June 12, 2006 until December 12, 2006; and be it further RESOLVED, that the Southold Town Planning Board set Monday July 10, 2006 at 6:00 p.m. for a preliminary public hearing on the maps prepared by Jeffrey Butler, P.E, dated last revised May 24, 2006. Please refer to the enclosed copy of Chapter 58, 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 Friday July 7th. The sign and the post need to be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as D(D 01CH7920 R r Cj)I�C&0 6-U6 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 L /0 I 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 /),4A)S*c10Foc.e. fAd�.f CASs GA�vE. ('EDpa.s 2A Your Name (print) Sign ure 6a-S-r . 41- AID AJV 1177r Address 6 Z2 o ZO Datek."AA-0 741:1 Notary Public : JUL - 7 2006 i41JRA GANGEMi NOTARY UBLIC ggtate of New York No. 9 9611 � d Ovalltfed in Suffolk County Southold Town Commission Expires March 16,��b I Planni Board 7a., - ..... PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon, Fri., 7/7/06 **************************************************************************************************** Re: Proposed Standard Subdivision: Old Orchard at Cutchoque SCTM#: 1000-106-6-9.1 Date of Hearing: Monday, July 10, 2006, 6:00 p.m. NoTic� o� �e•�.i�ny Gd ca,�irnz s .p 9r ou �ati`O jt t 11+ yH f '.N(-O .12.6 ,H r '`b d � 2.2 14.4 12S s 4.3 2.5A x zes oao 3 I.OA S t2.7 x �ry .,, � TN 12.4 v SBA 3 w +T.2 2.1 t`�- 1.4A B 13.6 .,O 12.3 r' 15 t , P 5.1 m 122 12.9 s 1�S 1 w 3 L P 1 k 9A c 62 7.3 O 2.6AId - �• a 3.9A • S rP> Z y`H, �� A 12- e V� P 0, 14.35 © t 10.4 I J E 1.OA(d y+ U t 1. I.OAIc) ,r l5O') B m `' 12 12A(cl r \(c)e R 1.OAId14.J6 10 10.3 's 7 P H r. , 14.34 _ 15 S$ N tA(d TEE L as x 7.1A(d x 27.2 + _ 11 w 10.5 .* 1.OAlc1 1A�` S.1A czi 0. 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LINE MATCH LINE 'sra x zas zao SEE SEC.NO.116 5, NOTICE ap COUNTY OF SUFFOLK © K el 101 Al TOWN OF SOUTHOLD SECTION NO MAINTENANCE,ALTERATKN,SALE OR E Real Property Tax Service Agency E - SLOFF BUTKN OF ANY PORTION OF THE VILLAGE OF 10 9 SL,FFOLR COUNTY TAX MAP IS PRON&TED � Canty Center Riverhead,N Y 11901 loe ]oe uo WITHOUT WRITTEN PERMSSION OF THE �� �� SCALE N FEET: M REAL PROPERTY TAX SER`RCE AGENCY. O , 20, Iw 0• 115 11F lil DISTRICT NO iaaa P PROPERTY MAP . caNVERsnr.O•Tc• ,,..,..,,.. I TT� �` �. t i�i; '' -j• t ,�i• fw .j• / �r .tip . ;. 1 '� 'Q`�•. �//-- �.y p+ '?` ..ifs. .T-•" 1 9F''��� ~�°� •� -..� is \...� �� � � �/.. ' •• > { s���"� (•��ir. •* +ley Ot •-�- . ���.• ... .. 2V •��r . ^��. - ��w:•^�` � � � � ter~ _ -• ,, Ir f' ";, -ter• `.r _ •• �i/� ). :�".1• 1A. � ���,fJ � i-(ram. ' _ .1- �rj'�� _ • t ;i�i�� l - •,r_ `',�� '•lam YiN ..: s r s f" r w i.� 11 t + WWI �+ 1 1% ui ►f1 1 a1 +. + t 1 Y y 11 s 1 ''S a It ir it 41 i If 41wA t,+ 1 M C� t 1 , A. 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' W • ..D ■ I13133bl "11M 031=1111O ed I Postal = cp I (Domestic • Provided) m - m _n C MO , 'i'1 1119 5 5 � - ra Postage $ 0.39 UNIT ID: 0778 m M Certified Fee ,� , I M Postmark Return Reciept Fee Here (Endorsement Required) 1.85 Restricted Delive Fee a ry Clerk:: KQF:KIG (Endorsement Required) Total Postage&Fees $ 4°6.4 06/2V06 Im � Sent To ---------------------------------- I Street, pf,nlo.; or PO Box No. City,State,ZIP+460 � p C C�O lx 1\3�� :i� ri I also wish to receive the �l ai SENDER: following services(for an f I p ■Complete items 1 and/or 2 for additional services extra fee): ai rn ■Complete items 3,4a,and 4b. 0 ar ■Print your name and address on the reverse of this form so that we can return this d � ■Attach this fo l card to you. � rm to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Ad reSS ` livery U) permit. ■Write°Return Receipt Requested°on the mailpiece below the article number. Consult pOSVnaSteDfOr fee. = The Return Receipt will show to whom the article was delivered and the date delivered. 4a.Article Number 10 o�i AX0oo�ilo 3.Article Addressed to: -0 _ d 4b.Service Ty III �Y PO/N tfp Certified [I Reg!st '\i T °' ` I_1rc: 11 Insured y ❑ Expr ss'iviat y N ,,.il rl uC c . ♦r a COD 00 ElRet m R i t for Merchan se w w [? CA. / }=- 7.Oat of / 0 o Point, a Address(Rc nl�y if quested R z — - 8.Addr s Print Name) and fe )r I- 5.Received By: ( ¢ Addressee or Agent) l 6.Si natur C X ,• r r e r r r MID t� t Return Receipt +I PS Form 3811, Deoerriber.1994, SENDER:COMPLETE THIS tt} SECTION • SECTION ON DELIVERY f.. ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X Agent rfl so that we can return the card to you. ❑Addressee O ! * . ■ Attach this card to the back of the mailpiece, Received by(Printed Name C. Date of Delivery . or on the front if space permits. m _ I. Article Addressed to: D. Is-delivery address different from item 17 ❑Yes m If YES,enter delivery address below: ❑No - u .� NEIJµro�x; rrr• iioi7i (J �'� � tf� �� �` e m Postage $ 0.39 UNIT ID: 0778 ❑ Certified Fee � 2.40 0 Return Reclept Fee Postmark (Endorsement Required) 1,85 Here 3. Service Type m �\C�C�t.���e) �y `lit Restricted Delivery Fee Mail ❑Express Mail (Endorsement Required) Clelrk:: KQPXIG ❑Registered ❑Return Receipt for Merchandise Total Postage&Fees C},(,4 06/"/04 ❑Insured Mail ❑C.O.D. m 4. Restricted Delivery? (Extra Fee) El Yes Sent To _ . .-2: ticte Number - o �:-� 7003 3110 0006 3954 5999 n--- ri0��!?f(�fir------------- i t`(transfer from service laben Street Apt.No.; . —: —'— orPOBoxNo. c� PS Form 38'11,August 2001 Domestic Return Receipt City State,ZIP+4 � 0 � iJ' — � 102595-02-M-1540 SENDER: IUD rz. • • l Service,r, • SECTIONON CERTIFIED, RECEIPT ■ Complete items 1,2,and 3.Also complete A. Signature I o� (Domestic Only;Mail item 4 if Restricted Delivery is desired. ❑Agent II ■ Print your name and address on the reverse X so that we LrI U. can return the card to you. ❑Addressee • ■ Attach this card to the back of the mailpiece, B. ed by( rinfed Name C. D ofDeli ry Ln r Oro on the front if space permits. v7 (J m Postage $ D. Is delivery address different from item 17 Ye 0.39 UNIT TD: 0778 1. Article Addressed to: � \ If YES,enter delivery address below: ❑No I'D Certified Fee �ht� C �Q\bU��� p Q Return Reclept Fee Postmark \ (Endorsement Required) I $J Here \)3 C��j y��t�� jl\ ,� Restricted Delivery Fee — u � (Restricted Delivery Clerk: KQPXIG � 'ff q }� m Total Postage&Fees �V e. b O j� � �.1t IQp\�— 11 I 3. Service Type f4.�iSt 06/c/06 / Certified Mail ❑Express Mail m [=7 sent To 1 ❑Registered ❑Return Receipt for Merchandise E3 )_e� M C ❑ Insured Mail ❑C.O.D. ft - __________________ SVeeP,Apt No.; \[ \ S-�___________________________ or PO Box No. __.V e `•-__.__ � 4. Restricted Delivery?(Extra Fee) El Ciy BtaPe Zi • �•............. •�eL eOeOe_eO• ' 2. (� - - — - � C�� ��j-may .. �3s s e'� w PS FC " SECTIONSENDER: COMPLETE THIS • ■ Complete items 1,2,and 3.Also complete A. S nature IVERY item 4 if Restricted Delivery is desired. N ' • ■ Print your name and address on the reverse X Agent O -a Er . , , � ■ so that we can return the card to you. e rr •. Only; verage ■ Attach this card to the back of the mailpiece, B. eceiv by(Printed N e) C. to of Delivery m or on the front if space permits. (� (� 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes co t/` ��L! • �MAI :`3 If YES,enter delivery address below: ❑No •� CUTC Postage $ 0.39 UNIT ID: 0778 m t p Certified Fee IZ3 Postmark E3 Return Reclept Fee Here (Endorsement i•. S Q t Re i�C)SA C,� f 3. Service Type Restricted Delivery Fee Clerk:: KQPvAIG � �\� �a���``�3t)3 R Certlfied Mail ❑Express Mail (Endorsement Required) ElRegistered ❑Return Receipt for Merchandise T 4.64 0G/22/0b Total Postage&Fees $ ❑Insured Mail ❑C.O.D. m 1 4. Restricted Delivery?(Extra Fee) O Sent To 2. Article Number ❑Yes O (a-,__e�____-�p_-�-��-Sa.�---------------------------------- (Transferfivmsenrlcelab� - Street,Aj6f-- q .71003 1010 0003 1683 3880 orPOBoxNo. `P.p b�X_ ___ _________________________________ PS Form 3811,August 2001 City State,ZIP+4 I g Domestic Return Receipt . 102595-02-M-1540 if _ --- ---- -- to Postal • CERTIFIED MAILT, RECEIPT CMPLETE �n SECTIONSENDER: COMPLETE THIS ICID No Insurance Coverage Provided) (Domestic Mail Only, A. Signature ///�� l m ■ Complete items 1,2,and 3.Also complete � ❑Agent I - •• . item 4 if Restricted Delivery is desired. X 1 I ❑Addressee ; 4 ^ µ • S {� (I { ' ■ Print your name and address on the reverse l/�-� Ll t so that we can return the card to you. B. Received by(Printed Name) C. Dat of Delivery I I •I ■ Attach this card to the back of the mailpiece, f A J��•� e _Q te C^$ Z-- ( i m Postage $ 0.39 UNIT ID: 0776 or on the front if space permits. D. Is delivery address different from item 1? Yes No I O Certified Fee O2-40 1. Article Addressed to: If YES,enter delivery address below: I I O Return Reclept Fee Postmark -� v ,-A - \ ., (Endorsement Required) Here E \ e-V n ''�ALL �S LQ I Restricted Delivery Fee (Endorsement Required) Clerk.: KQPXiG J I qSs �,. Total Postage&Fees $ 2.79 L��\ � ►) q3� I 06,Q2/06 m 3 Service Type Q C , ❑Express Mil U,Q ti CD ❑Registered ❑Return Receipt for Merchandise N � Street,Apt.I o.; El Insured Mail ❑C.O.D. or PO Box No. O 4. Restricted Delivery?(Extra Fee) ❑Yes City,State,Z P+4 N 3n 2. Article Number r . .7O 101r O 0 0 0 3 16 8 3 39 96 (transfer from service label) 102595-02-M-154o i PS Form 3811,February 2004 DomesticReceipt ___ — SENDER: Postal ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. r L Z Err- CERTIFIED MAILT. RECEIPT Iry X CL.�/ �G Z� ❑Agent 10 , ■ Print your name and address on the reverse ❑Addressee M (Domestic Only; e Providedso that we can return the card to you. B. Received by(P nted Name)' C. Date of Delivery m ■ Attach this card to the back of the mailpiece, t } (1 Cry (� �,, or on the front if space permits. .o R06TDi�V�:; iA5 i 14� A` L (U 1. Article Addressed to: D. Is 8elivery address different from item 1? Yes rqIf YES,enter delivery address below: ❑ No Postage $ 0.39 UNIT III: 0778 _ m O Certified Fee O . t E3 Return Reclept Fee Postmark P EZI (Endorsement Required) 1A5 Here i ,O CRestricted DeliveryFee l a Clerk:: KPPXIG (Endorsement Required) \\ 3. Se ice Type r 9 r C\"A G�O�-V.E) I')�• �\a 3J �-Eertified Mail ❑Express Mail Total Postage&Fees •4.(i4 0 /22/06 Registered Return Receipt for Merchandise m ❑ El ❑ Sent To ❑Insured Mail ❑C.O.D. � C3 �� I 4. Restricted Delivery?(Extra Fee) ❑Yes � ---&-Ap9- ------ � - ------------------------------ Streat,Apt.Ntro.� � � � C � --- Box No. , �____�t\� S� 2. Article Number -----State, /P+4-------- - ! (Transfer from service label) 7 0 0 3 1010 0003 1683 3941 ' city,scare, tP+a �Sa ba\\V—y3O3 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 a- L. ti 1i • • COMPLETE THIS SECTIONON DELIVERY • r9 _= Complete items 1,2,and 3.Also complete A. ture I Er item 4 if Restricted Delivery is desired. TVdLC_A ent m Print your name and address on the reverse ❑Addressee i m RK so that we can return the card to you. B. Rec ved by(Printed Name) Date of Delivery r [, � i Attach this'card to the back of the mailpiece, rd�CHOC11Ea ' L 11g35 t? A P. or on the front if space permits. rq D. Is delivery address different from item 1? ❑Yes ; m Postage $ 0.39 BRIT 1T1: 0778 Article Addressed to: If YES,enter deliveryaddress below: ❑No , \,, ; 17 Certified Fee O Return Reclept Fee 2,40 Postmark (Endorsement Required) j.85 Hero 0 E3 Restricted Delivery Fee (Endorsement Required) Clerk:: KCPKlr t l � a\\�_' 36� 3. Service Type m Total Postage&Fees 4.64 66 J rtified Mail ❑Express Mail O Sent To ❑ Registered El Receipt for Merchandise n ❑ Insured Mail ❑C.O.D. P- -----_t,JA! - --5 V t r ---------------- Street,Apt No.; -------------- or PO Box No. �/� 4. Restricted Delivery?(Extra Fee) El Yes x""" o City,State,ZIP+4 - ---"------- ------------------------------- -:. Article Number 7003 1010 0003 1683 3897 3S (Transfer from service label) I •'S Form 3811,_August 2001 Domestic Return Receipt 102595-02-M-1540 I SENDER: • SECTION COMPLETE THIS SECTION ON DELIVERY • ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. / El Agent ° - I ■ Print your name and address on the reverse r ❑Addressee ■ Attach this CD - so that we can return the card to you. s card to the back of the mailpiece, �- /B. Received by(Printed Name) C. Date f Delivery m r .# /ram or on the front if space permits. CIDClTHBG[lE. NY l: 1�935 �_ > _. _p 1. Article Addressed to: D. Is delivery address different from item 1? ❑ es 0.39 UNIT III: 0778 Postage $ If YES,enter delivery address below: ❑No O Certified Fee ^ Postmark n Return Reclept Fee Here E3 1�85 (Endorsement Required) I - •l� J� _\ `J ® Restricted Delivery Fee Clerk:: KQPXIG (Endorsement Required) I (,��C\ , .,1\i \\(�+ j FeType r-9 4.64 06/"/06 I � V� (N /Y I rtified Mail ❑Express Mail Total Postage&Feesgistered ❑Return Receipt for Merchandise m ured Mail ❑C.O.D. 0 Sent To I ----------- 4 Restricted Delivery?(Extra Fee) i D ❑Yes Street,APt.No.; �.2. Article Number /��v or PO Box No. _ ©_{�Jl-�---��-i�-------------------------------------- I ciiy sie"rc z d c { (Transfer from Service label) 7003 1010 0003 1683 4 016 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SECTIONCOMPLETE THIS SECTION ON DELIVERY — SENDER: COMPLETE THIS Postal ■ ■ Complete items 1,2,and 3.Also complete A. Signature X J�"gent N item 4 if Restricted Delivery is desired. ,SAC,/ ❑Addressee Er ,No Insurance Coverage Provided)Print your name and address on the reverse '' ° so that we can return the card to you. B. ceived by( rinted a C. Date of Delivery ■ Attach this card to the back of the mailpiece, - _Q�p, m _ or on the front if space permits. Yes C11T HQGU 14Y �443 A � Ur) I'E- E D. Is delivery addre ff rent from item 17 1. Article Addressed to: If YES,enter deli ry address below: No '� f Postage $ 0.39 UNIT ID: 0778 a'`l m O Certified Fee ` 0 40 Postmark O Return tReReclept Fee o (Endorsement Reuired) i.�.�j Hare Cu.S�S 1 a o r Restricted Delivery Fee ,) /� �• 3. Service Type E3 (Endorsement Required) Clerk:: Kt�PX1G I y M 3J U ertified Mail [IExpress Mail i r-9 ElRegistered ❑Return Receipt for Merchandise m Total Postage&Fees $ 4.64 06/L?/06 ❑Insured Mail ❑C.O.D. O Sent To J 4. Restricted Delivery?(Extra Fee) ❑Yes _tadaL Sweet,Apt.IVo.; or PO Box No. 3 S S (-O-t\.P- 2. Article Number 7 0 0 3. 1010 0003 1683 3927 City State.ZIP+4 (Transfer from service label) 6,0 Domestic Return Receipt 1o25s5-o2-M-15ao ; PS Form 3811,_August 2001 :a a r . SENDER- SECTION . DELIVERY postalserviceTM ■ Complete items 1,2,and 3.Also complete A. signs RECEIPTitem 4 if Restricted Delivery is desired. ❑Agent C3 ■ Print your name and address on the reverse ❑Addressee O (Domestic Mail • e Provided) so that we Can return the Card to you. -B, by rin ame) C. Date of Delivery = ■ Attach this card to the back of the mailpiece, • = or on the front if space permits. m r �; I delivery CI3CHQGUE� ! 1 �35 ,d D. Is delive address different from item 17 es —0 i C C 1. Article Addressed to: If YES,enter delivery address below: No r Postage $ 0.3 L11yIT ID: 0778 � a � nrl ' T '\ \",r� C3 Certified Fee � i C3 Postmark O Return Reclept Fee 1.& Here i r �© c O\_ (Endorsement Required) J IZ3Restricted Delivery' elivery Fee Clert'.. �{t�Fn3G ` 3. Service Type ra (Endorsement Required) 1 E3 C lJ. v b C �I y� _) N- .\��3 j ertified Mail ❑Express Mail e-9 4.64 06/22/06 I ❑ Registered ❑Return Receipt for Merchandise Total Postage&Fees frl I I El Insured Mail ❑C.O.D. 0 Sent To q� SG� -----A `�7C2� ---------------------------------------- 4 Restricted livery?(Extra Fee R De ❑Yes freeii,Apt:No.; I = fOle Number _-•, or PO Box No. �QyO COS S_�- l� ------------------- . L?Transfer from service label) 7 0 0 3 1010 0003 1683 3958 City State,ZIP+4 , `\Q 3 J is DOmes Return Receipt 102595 02 M 1540 p �� a.. PS Form 3811,February 2004 t' R ei t ---- --- -- , ,II co ■ •CERTIFIED MAILm ® ■ ul I Provided) COMPLETE • • • . SENDER:COMPLETE THIS SEqTION m 111 ■ Complete items 1,2,and 3.Also complete A. Signs re !�i ❑Agent � � frl fi i � € r • 1, f � ��S �-•, i item 4 if Restricted Delivery is desired. �fV(S f�,�- z1`�,p'Addressee I IIIIIIII • Q j Q@_E,11hY I f 935 s- G ■ Print your name and address on the reverse so that we Can return the Card to you. B. Receiv by(Printed Name) C. Date of Delivery I Postage $ 0.39 UNIT ID: 0778 ■ Attach this card to the back of the mailpiece, �6 N, � ��,0y,� I m ° or on the front if space permits. ? ❑Yes E3 Certified Fee ,, D. Is delivery address different from item 1. i � Postmark 1. Article Addressed to: If YES,enter delivery address below: ❑ No I C3 Return Reclept Fee Here (Endorsement Required) \ I I O Restricted Delivery Fee Clerk: KIPH1G O�� I O (Endorsement Required) J Total Postage&Fees is 06/2�i(}6 l� ( m 3. Se ice Type 0 Sent To \ \ � �C�o �Q ) p�� �\�3� �6ertifiedMail ❑Express Mail I o -------- ----------- -------------------------------------- �` Street Apt-W., ❑Registered [3 Return Receipt for Merchandise i or PO Box No. \� Sv ��\� ��_____ ❑ Insured Mail ❑C.O.D. ------------------------------------ City,State,Z1FX \�/ i\� 4. Restricted Delivery?(Extra Fee) ❑Yes C C o V 1- RIM WIT 2. Article Number' -7003 1010 0003 1683 4009 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 -- COMPLETECOMPLETE • • DELIVERY Oostal Servicer. ■ Complete items 1,2,and 3.Also complete A. Signature ru CERTIFIED MAIL. ■ item 4 if Restricted Delivery is desired. ❑Agent p- (Domestic • ■ Print your name and address on the reverse ❑Addressee M so that we can return the card to you. B. Rec Twed b Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, m i tt ' I �� ; or on the front if space permits. cU�c-HQGUE rr 11935 � D. Is delivery address different from item 1? ❑Yes '-q Postage $ °0.39 UNIT 1I1: 0778 1. Article Addressed to: If YES,enter delivery address below: ❑No M a Certified Fee �.40 (� \tom+( C3 " Postmark V f_3 Return Reclept Fee 1°8� Here (Endorsement Required) p Restricted Delivery Fee Clerk:: KORIG (Endorsement Required) D 3. Service Type 4°�� 0(1/22�0� rtified Mail ❑Express Mail Total Postage&Fees ❑ Registered ❑Return Receipt for Merchandise m � Sent row\_�, ( I ❑Insured Mail C.O.D. i\''� L�i �_ C k� ------------- --- --------------------- _ Delivery?(Extra Fee) 4 Restricted Del ❑Yes Street,Apt.No.; p '`PO Box No. �l� ,O e�__ 45� 9 d`L�--------------- 2. Article Number - •-----,ZIP+4 (Transfer from sendce label] �,r_= -7 0:0 3 :1010 :0 Q 0 3 . 1683. 3.7 3 StateC C�ot .. -. - : PS Form 3811,August 2001 Domestic Return Receipt 1 o25s5-o2-M-154o ell U.S. Past Service,. r� Ica COMPLETE . Im ■ Complete items 1,2,and 3.Also complete 4tt Sign m p I �O -" ( ii' I 7 I item 4 if Restricted Delivery is desired. Agent RERSEPt$LI{+G�i dYE i1 60 }■ Print your name and address on the reverse ❑Addressee i r_9 so that we can return the card to you. Postage $ C1.39 UNIT ID: 0778 ■ Attach this card to the back of the mailpiece, ame) C. Date of Delivery + frl or on the front if space permits. I I o Certified Fee `°� Postmark D. Is delivery address different from item 1? Yes I O Return Reclept Fee Here 1. Article Addressed to: If YES,enter delivery address below: No I (Endorsement Required) 1.85 t1 ES li/ 1 q I t oRestr 0,x\y P` e C�4�� V i� V� I I O (Endorsement Required)fired) Clerk: KU�'n1G 1 \ Q 1�e D`� �� • �� � L �q�� I i m Total Postage&Fees $ 4.64 06/22/06 \1 0 Sent To \ \ 3. Service Type E3 (` \ l 3� yp ------ _l�y �i\ ----------------------------------------- ertified Mail ❑Express Mail i Sneer,Apot-No.; or PO Box No. /n, 11 ❑Registered ❑Return Receipt for Merchandise I I a=..!' S=- alJ l\ _r_y___I�� s?__.__ ----------- ❑ Insured Mail ❑ City,State,ZIP+4 C.O.D. I � d Roatrir•--Mel naliverv9/Extra Feel C]Yes -- - - _ 2. AM( Pral PS Foi-__ • - -• _ __ ,02595-02-M-1540 SENDER:COMPLETE THIS SECTION COMPLETE THIS U.S. Postal Service'r1l DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature m 'CERTIFIED ' item 4 if Restricted Delivery is desired. (DomesticEr . ■ Print your name and address on the reverse X ' ❑Agent m • so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name cO -� n ( ) C. Da e of Delivery CI48 1 � � i or on the front if space permits. 2-2, r� I. Article Addressed to: D. Is delivery address different from item 1? Yes Postage $ 0 39 UNIT ID: 0778 If YES,enter delivery address below: ❑No m (� C3 Certified Fee ,1 C3 Return Reclept Fee Postmark O (Endorsement Required) 1.85 Here C3 Restricted Delivery Fee C1Qr�,° KG!F'X.1G (Endorsement Required) ° . a C ",, c of Uk e-) P • `\ka� T3.EService eTotal Postage&Fees $ 4.64 06/?2/06, Mail ❑Express Mail frl ed ❑Return Receipt for Merchandise 0 Sent To Mail ❑C.O.D. oAW 2 �� C`- ---J-- _ _\_��_ 5 Street Apt.NO.; 4. Restricted Delivery?(Extra Fee) ❑Yes orPOBOxN0- © ,/3o 2. Article Number City,State,ZIP+4 L W} �.o )f) 3g ". nsierfiom service label) 7003. 1010 .0.003 ,1683 3866 . i.. P9'Form 38 j1,_August 2001 Domestic Return Receipt 102595-02-M-1540 a - - ■ SENDER- COMPLETE' • OMPLETE THISSECTIOMON ® . ■ ■ Complete items 1,2,and 3.Also complete KB. eceIved ture item 4 if Restricted Delivery is desired. ❑Agent ( M r■ Print your name and address on the reverse ❑Addressee I CO F, so that we can return the card to you. Clot r �lY(i35 s ■ Attach this card to the back of the mailpiece, by(Printed Name) C. Date of Delivery i L (o•4 I m Postage $ 0.39 UNIT ID: 0778 or on the front if space permits. � N A) o D. Is delivery address different from item 1? ❑Yes Certified Fee 1. Article Addressed to: I C3 If YES,enter delivery address below: ❑ No I M Return Reclept Fee 2.40 Postmark I O (Endorsement Required) 1.85 Here \\ \l)LS I r-1 Restricted Delivery Fee r3 (Endorsement Required) p� �/ I � Cler{•::; NL1F'X1G V, X �� i Total Postage&Fees t m 4.64 Otil22lOt; \ i 3. Service Type i 0 Sent T �hb� u P ) I `/ •\��3J -?5*6ertified Mail ❑Express Mail I ;d am 1 - r QS Street,Apt No.; - �----- Registered ❑Return Receipt for Merchandise I __________________________________ or PO Box No. .2 p ❑Insured Mail ❑C.O.D. I I h, ��C-- 4. Restricted Delivery?(Extra Fee -------- 2. Article Number ) El i • �'_- 35 -' (Transfer from service label) 7.00 3 .1010 0003 1683 3934 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SECTION . • . DELIVERY SENDER:COMPLETE THIS ■ Complete items 1,2,and 3.Also complete A. signature -� I item 4 if Restricted Delivery is desired. f,. ! ❑Agent I ��- __.__- •-.-� ❑Addressee I ■ Print your name and address on the reverse so that we can return the card to you. B. Received by(Prin�ed'Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, i RECEIPTI or on the front if space permits. i roCERTIFIEDMAIL. D. Is delivery address different from item 1? Yes cD ❑No I Q., �, only, ; 1. Article Addressed to: If YES,enter delivery address below: I rn CID -V �:�-° � aFee2.40 UNIT ID: 0778 Post f1 I Certified I \ (, 3. Service Type pPostmark I �` C� C) \J 1"• �-i S �Eertified Mail ❑Express Mail 1 O Here I Up Retum Reclept ❑Registered ❑Return Receipt for Merchandise (Endorsement RequRestricted DeliveryC12r;.:: i:OPX1G ❑Insured Mail ❑C.O.D. (Endorsement Requ4. Restricted Delivery?(Extra Fee) ❑Yes rq 06/22/06Total postage& 12. Article Number 700371010 0003 1683 3965 frl I (transfer from service label) ^■ O Sent TO 102595 02 M 1540 p ��eC -_` Q ------------- ------ PS Form 3811,February 2004 Domestic Return Receipt Street,Apt.No.; or PO Box No. ,'�-oLC�_�2 SIa�TO City State,ZIP+4 Ln it I• 0 • • " I rn A. Signat re Agent I II r Irl ' e lets `( - Complete items 1,2,and 3.Also comp / �-� � � I ■ Comp Is desired. �( [3 Addressee 1 item 4 if Restricted Delivery' Postage $ 0.39 UNIT III: 0778 Printed Name) C. Date of Delivery II ra ■ Print your name and address on theoueverse B Received by( frl so that we can return the card to y �' �� i C3 Certified Fee 9 r Postmark ■ Attach this card to the back of the mailpiece, I o permits. D. Is delivery address different from item 1? No I 0 Retum Reclept Fee Hera or on the front if space p enter delivery address below: l (Endorsem®nt Required) 1.85 1f YES, I I o PRIG 1. Article Addressed to: �t� \ Restricted nt Required) Fee �j Erb::° �;: � (Endorsement Required) ��` NY- Total I 4°G4 06/2'/Qti,� o\� n i Total Postage&Fees vC I m 13_a� L C-0 0 Sent To 3. Service Type q Mail � (� � C.�(!L_��.__��-u=--------------------------------------f-------- t 135 �ertified Mail ❑ExpressStreet,A x No- ` S 0� t="�------- [I�V \ ❑Return Receipt for Merchandise Or PO Box No. IS-3� tee,,______ Registered -------- - ❑Insured Mail ❑C.O.D. C!ry State,ZIP+4 \� 35 I L �'C`r•o Extra Fee) ❑Yes 4. Restricted Delivery?( 7pp3 ;1010 p003 1683 3989 2• Article Number 102595-02-M-1540 (transfer from se rvfce label) Domestic Return Receipt - _-- PS Form 3811,February 2004 _ --- - Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a standard subdivision; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-109-6-9.1; 3. That the property which is the subject of this application is located in the Residential Low Density District, R-40 Zone; 4. That the proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f. The property is located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. (2"d FI., North Fork Bank) Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; 6. That a public hearing will be held on the matter by the Planning Board on Monday, July 10, 2006 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the 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: Old Orchard at Cutchogue/Joseph Manzi Date: 6/16/06 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 I 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., 7/7/06 **************************************************************************************************** Re: Proposed Standard Subdivision: Old Orchard at Cutchoque SCTM#: 1000-106-6-9.1 Date of Hearing: Monday, July 10, 2006, 6:00 p.m. OLD ORCHARD AT CUTCHOGUE STANDARD SUBDIVISION 1 000 - 1 09 -6 -9 . 1 Proposal to subdivide a 4.619-acre parcel into four lots where Lot 1 equals 67,913 s.f., Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f. MONDAY, JULY 10 , 2006 - 6 : 00 P . M . Revisions 06-11-9 06-23-9 12-06.96 II-20-97 09.10-9 09.20-9 SEE SEC.NO.102 01-31-0 z 05-17-00 N 289.000"' MATCH _z LINE MATCH 05-26-00 06mO5&00 FOR PCL.NO. 10-03-00 = r SEE SEC.NO. 12-27-00 !fr Y4•4 102-04-006.1 03-1`1 01 24 9�` 09-12-01 74.2A 3.9A 4y� 06.06-01 10-25-01 TOWN OF SOUTHOLD 01-109-01 IOEVELOPMENT RIGHTS) 24.2 10-06-03 I R "°0 25 T'•• ,ti}pcl 12-03-09 rya s 26 1.2A(c) .L 1'ryPc� 9 �r 0 z w Sa co 7 °� ao '. 2.41 n:I 1.3A(c) n 2.8 �/J N °s 10.1 I. e29 ICJ a w 2.29 IN .. .-.. . 1.1A 36.4A1cI 1.4A TORN 0P SOOTHOLO IOEVELOPMENT RIGHTSI ♦5`"♦ , B.B ' nm 24.7AIc) 7.1 1.3a ,a 2sa 5 f 3� I 1.21 2.OA 2.16 39 3.3A ''• 8.9 '' 3.BA .. ... 1.7A(c) ......:. - PECONIC LAND iR i111 .'j � � III � •55 2 +s c 2 OA FOR PCL.NO. 1 FOR PCL.NO. FOR PCL.N0. ;0 37 1.1A SEE SEC.N0. SEE SEC.N0. SEE SEC.N0. m FOR PCL.N0. S.lAlc) - 116-01-002.2 116-01-003.4 116-01-003.3 SEE SEC.NO. 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Box 1179 JERILYN B.WOODHOUSE �O``�OF SOUTyoo Southold, NY 11971 l Chair V� OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND COU '� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Town of Southold Planning Board T C E U E From: Mark Terry, Senior Environmental Planner LWRP Coordinator MAY 3 1 2006 Date: May 30, 2006 Southold Town Planni_g Board Re: Proposed Standard Subdivision of Old Orchard at Cutchogge.~,._.. : SCTM# 109.-6-9.1 Zoning Distnct'R`-"47 The proposed action has been reviewed to Chapter 95, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. This proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq. ft. and Lot 2 equals 142,667 sq. ft. To further Policy 5, and protect and improve the water quality and supply in the area, it is recommended that the following best management practices be required: 1. Require the use of gutters, leaders and subsurface drywells to retain surface runoff. 2. Require the use of native plants and encourage the use of disease-resistant and drought-tolerant plants in landscaping. 3. Prohibit the residential application and use of synthetic pesticides and fertilizers capable of entering the potable water supply. 4. Require low flow faucets and toilets as per Suffolk County Water Authority. 5. Require the uses of pervious driveways to serve each lot. Additionally,where fertilization is proposed the following best management practices are recommended for lawn areas: 6. Choose fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. 7. Choose organic fertilizers, whereby all nitrogen in the mixture is non-synthetic. 8. Do not apply fertilizers and pesticides within 100 feet of surface waters and wetlands. To further Policy 8, it is also recommended that following solid waste management initiatives be encouraged: y u 9. The use of materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,the proposed action is generally consistent with the LWRP provided that the above recommendation 1 through 5 are required in any subdivision approvals. It is recommended that the applicant is advised of recommendations 6 through 9. Cc: File Anthony Trezza, Senior Planner J EFFREY T. BUTLER, P. E. PO BOX 634 SHOREHAM, NEW YORK 1 1 786 63 1 -ZOB-BBSO LICENSED PROFESSIONAL ENGINEER MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS May 22, 2006 Mr. Anthony Trezza Town of Southold Planning Department Re: Old Orchard at Cutchogue Dear Anthony: Please allow this letter to serve as a request by my client for an extension of time for the sketch plan approval which is set to expire on June 12, 2006. A copy of a previously submitted authorization letter is attached. Please call if you should have any additional concerns about this application. incerely, Jef ey . Butler, P.E. h^. x : y'',uYn"e798.:Y:S•;r. .. M lJ E MAY 3 0 2006 f7l-tC 0 To Whom It May Concern: I, Richard Manzi, Trustee of Joseph G. Manzi Irrevocable Trust dated 3/28/99, hereby authorize Jeffrey T. Butler, P.E. to act as my agent on the property of SCTM #1000-109-06-9.1 in Cutchogue, NY, and handle all necessary work involved in the subdivision process with the Southold Planning Board. Signature: �' / / �� /J?r�✓�c=c' Sworn before me this day of November 2001 ROSALIE SALEMME NOTARY PUSUC,State of"Yok 01SA4800810 cualified in Suffolk C J* Coeunission Expires January 31 DU Butler Engineering 206 Lincoln Street Architectural and Engineering Services Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 LETTER OF TRANSMITTAL DATE: 5/22/06 P R 0 J50 T NO 0500�7 TO: Anthony Trezza �u FROM: Jeffrey T. Butler RE: ld Orchard gf6�gue7l WE ARE SENDING YOU: Z Attached F-1 U n doe-rl�e�pa rate Cover Via The following items: Prints 0 Sample ❑ Specifications Plans F1 Document ❑ Shop Drawings Letter ❑ Change Order COPIES DATE NO. DESCRIPTION 6 5/22/06 Preliminary Plat 1 Copy of LWRP as submitted on 2/1/06 1 Preliminary application I Check for $1000.00 1 Letter requesting extension 1 Copy of C and R's for review THESE ARE TRANSMITTED AS CHECKED BELOW: • For your use El Resubmit copies E] Submit copies for distribution • As requested E] For signature El Return corrected prints F-1 For review and comment El Forbids due ❑ Returned for corrections n Prints returned after loan to us REMARKS: Please advise of any outstanding items asap. Thank you COPY TO SIGNED I O�e �. Butler If enclosures are not as noted,kindly noti u at once MANZI HOMES,INC. P.O. BOX 702 ROCKY POINT,NY 11778 631-744-1039 FAX-631-744-0032 May 17,2006 Southold Planning Board P.O. Box 1179 Southold,NY 11971 Dear Mr. Trezza, We are sending this letter in request of an extension of time for sketch approval which is set to expire June 12,2006 Standard Subdivision of Re: Old Orchard at Cutchogue SCTM number- 1000-109-6-9.2 Thank you, John Guido r D M AY 19 2006 southold Town Pfannin�board 05f17/2036 1431 G317440032 MANZIHONIESINC: PAGE 01 V MANZI HOMES , T. NC . P , p , 13O'X 702 RoCJ,,IY POINT , NY 1 '1779 631 - 744 . 1039 FAX 631 - 744- 0032 -p.&C%IMILE '><RANSMITTAL SKEET TO MIL. }C EZZ1� room;JOHN GUIDO 4 Y 7r7 p��7�� a�/� MANZI HOMES;INC. (;(')mVANY;SOU 14OLD PLANNING C)AT.P.:5.17-Q6 BOARD D FAX NUMI%mt:765-31 TOT.Ar.NO.UP PAGES INCLUDYNC;r.OV rR:2 SrW33U;VS IZ rr;rRENCr-NUMnL•R: r Ht()xF:xt rh�r..R:765-1938 Y()ust"SdmirNC}i Numran: RE! Q URGE rr ❑ OR rt?VIEW [3 PLUSE C0?4MT',N T L�PT,r..ASR REPLY. Q PLLASr RECYCLE N0TriVC0N$MENT,5; JMr.Trezza,please see attaehed letter requCst ig art We+t`WW. T3:9RAx' t M AY 1 8 2006 Southold Town Planning Board i John.Guido [!LICK WL"R ' AND TYPE RETURN ADDRESS'l 05/17/2006 14:31 6317440032 MANZIHOMESINI: PAGE 02 MANZI HOMES,INC. P.O.BOX 702 ROCKY POINT,NY 11778 631-744-1.039 FAX-631-744-0032 May 17,2006 Southold-Planning Board P.O.-Box 1.179 Southold,NY 11971 Dear Mr.Trezza, We are sending this letter in request of an extension of time for sketch approval proval which is set to expire,Tune 1.2,2006 Standard Subdivision of Re: Old Ombaxd at Cutchogue SCTM nurnbere- 1.000-109-6-9.2 1 r MAF'Y t, iJ aita`62519C° b (� Thank you, Dl� MAY 1 8 2006 John Guido Southold Town '�- Planni Board MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE O-``*OF SDUryOI Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR N Q 54375 State Route 25 GEORGE D.SOLOMON G �Q (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �OI�C�AUIV 1�,`v Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: John Guido (631-744-0032) Jeffrey T. Butler (631-475-0361) From: Anthony Trezza, Sr. Planner Date: May 17, 2006 Re: Standard Subdivision of Old Orchard at Cutchogue SCTM# 1000-109-6-9.2 You recently made an inquiry to this office regarding setting the preliminary public hearing for the above-referenced subdivision application. The following information is needed in order for the Planning Board to schedule the application for a public hearing: 1. Submission of a letter requesting an extension of time for sketch approval which is set to expire on June 12, 2006. 2. Submission of the preliminary application and fee. 3. Submission of the LWRP Coastal Consistency Review Form. 4. Submission of the preliminary map containing the revisions previously required by the Planning Board. Upon submission of the aforementioned information, the Planning Board will set the hearing for July 10,2006 and grant the extension of time at their meeting on June 12, 2006. If you have any questions,please feel free to contact this office. 1 05'/1112006 14.10 63174,40032 MANZIHOMESINC PACE 01 _ r MANZI iffUMM INC. P.O. Box 702 Rocky Point, N.Y. 11778 Phone-631-744-1039 Fax- 631-744-0032 II "Fax Transmission Sheet" Date: --r ==��-��C--------- , rx T + - I 1 n , 7 V Traor = = ----rw--r--------_ram'--- o:------- ----- `` 0 yqo- •rr ��jck� _O ,rw-_rrrw-rrr_w�r-+r_• rr_r-rrrrin_rrrr__-rrw Dept./ Company. /--- 1 4I "err-------- -rr--------_-- ----- Pyax:r--------__rr__ - rr_w�.++r ___- r-----------------.-- Prorn:-_-_r..- --- RE: 14)l �- 4'Y7i.%+w7Ai�Yra�M1���i�•Yu6+�+.••�� ••+"emi'AAM6'BY1r . Number of Pages Transmitted-! o.cl,uding this Page If there are any problems with the tran.smissiou.of this material, please contact us at (631-744-1039) Thank You. { 05,'11!2006 14:10 6317440032 MANZIHOMESINC PAGE 92 • u THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28,2000,this _day of ,2006, residing at 5 Shelly Lane, Mount Sinai,New York 11766,herein.after referred to as DECLARANT,as owner of premises described in Schedule"A"annexed hereto (hereinafter refcrred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has:for such purpose determined to impose on said PREMISES covenants and restrictions and does heroby declare that said PREMISES shall be held and shall be conveyed subject to the following covenama and restrictions: 1. DECLARANTS have made application.to t1he Town of Southold(herein after referred to as TOWN)for a permit to construct,approval.of plans or approval of a Standard.Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN Or the subdivision or development application, the DECLARANTS covenant as follows: a. that pursuant to Section A.1.06.56(C) of the Southold Town Code, clearing limits for each lot as shown op the approved subdivision map are as'follows: i. Lot 1 clearing limit—23,769.38 sq. n..(35.00%) H. Lot 2 clearing limit--20,310334 sq. ft. (50.00%) iii. Lot 3 clearing limit—20,041.00 sq, A. (50.00%) iv. Lot 4 clearing limit—22,415.07 sq. ft. (50.00`!0); and b. that access to Lots 1,2 and 3 shall.be From New Suffolk Avenue; and C. that access to Trot'4 shall be from.Cases Lane;and d. that no changes to any of,the lot lines without Planning Board approval; and e. that all stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site a»d shall be the responsibility of each property owner. and fi- Priar to any construction activity,DECLARANTS shall secure a General Permit for Storm.-water Runoff from Construction Activity(GP-02-01)administered.by the New York State Department of Environmental Protection(DEC)udder the Phase IT. Stag Pollutant Discharge thmii ation System(SPDES) Program.. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in ant and all leases to occupants,tenants and/or lessees of the above-descri.bcd propm l'y and shall,by their terms, subject same to the covenants and restrictions contained herein.. Failure of the DECLARANTS,their successors and/or assigns to so condition the leases shall.not invalidate their automatic subjugation to the covenants and restrictions. _. .. ... �,...t..-. .. _ .._ _ ._— nmocr.-rnvdtxst'•a@�'n�r'67 t 1 ' I M AY 12 2006 I I 65n`11/2006 14:10 6317440032 MANZI,HOMESINC PAGE 03 4, All,of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state,and federal Laws. ordinances,and/or regulations in effect at the time of execution of this agreement, or at the time such laws,ordinances, and/or regulations Inay thereafter be revised, amended,or protrulgated. 5. This docurr_exlt is made subject to the provision.%of all laws required or by their provisions to be incorporated Herein and they are deemed to be incorporated herein and made a part hereof, as though Billy set forth. C. Th.e aforementioned restrictive covenants shall be enforceable by the Town of Southold,.State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town.of Southold to enforce the same shall not be deeyned to affect the validity of this covenant nor to impose any liability whatsoever upon.the County of Suffolk or any 0-Mcer or employee thereof, These covenants and restrictions shall run with the land and shall.be binding on the DECLARANTS,their successors and assigns,and upon all persons or entities, claiML1.9 under them. S. If a"section,subsection,paragraph.,clause,phrase or provision of these covcnants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unla:arful,invalid,or held to be uncongtitution...al,the same shall not efFect the validity of the covenants m a whole,or any part or provision hereof othcr than that part so adjudged to lie illegal,unlawful., invalid,of unconstitutional. Richard Manzi.,as Trustee _ SJ� Submission Without a Cover Letter Sender: 10 617U � �iM V2- 1 A/� ' c-� •mow m rs _.. "Tz°rr.mrr •.. Subject: 610 E SCTM#: .1000 - APR 2 6 2006 Date: _ `F' ' Pienni'l�oGrd Comments: -� 0, FROM SOUTHOLD TOWN PLANNING BORRD FAX NO. 631' 765 3136 Apr. 24 2006 12:31PM .P1 PLANNING BOARD MEMBERS MAILING ADDRESS: JERILYN B.WOODHOUSE ��0 SO(/T4� P.O. Box 1179 Chairy Southold,NY 11971 O KENNF'I'D L.EDWARD OFFICE LOCATION: S ]� MARTIN 13.SIDOR Town>Ya11 Annex D.SOLOMON � � 54375 State Route 25 JOSEPH L.TOWNSEND � � -�� (Cor. Main Rd. &Youngs Ave.) l�'Cp Southold,NY Telephone:sal 765q938 PLANNING BOARD OFFICL Fax:'631 765-3136 TOWN OF SOUTHOLD MEMORANDUM To: John Guido From: Anthony Trem, Senior Planner Date: April 24,2006 Re: Covenants and Restrictions for the Standard Subdivision of Old Orchard at,Cutchogue The dram Covenants and Restrictions have been reviewed by the Planning Board and the Torun Attorney. Please note the following required revisions: J. The name of the road is New Suffolk Road,not New Suffolk Avenue as described in the document. 2. Please revise the typographical errors in paragraph 3.. - 3. In paragraph 7,remove the period and add a comma followed by"and may not be annulled,waived, changed,modified, terminated,revoked,or amended by subsequent owners Of the Property unless and until approved by a majority plus one of the Planning Board of the Town of Southold or its successors, after a public hearing. Please submit a draft copy of the revised C&R's before they are filed. If you have questions,please feel free to contact this office. DRAFT THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this day of , 2006, residing at 5 Shelly Lane, Mount Sinai,New York 11766, herein after referred to as DECLARANT, as owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Standard Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that pursuant to Section A106-56(C) of the Southold Town Code, clearing limits for each lot as shown on the approved subdivision map are as follows: i. Lot 1 clearing limit—31,022.66 sq. ft. (45.68%) fie Lot 2 clearing limit—22,690.66 sq. ft. (55.85%) iii. Lot 3 clearing limit—22,690.66 sq. ft. (56.61%) iv. Lot 4 clearing limit—26,057.00 sq. ft. (58.12%); and b. that access to Lots 1, 2 and 3 shall be from New Suffolk Road; and C. that access to Lot 4 shall be from Cases Lane; and d. that no changes to any of the lot lines without Planning Board approval; and e. that all stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner, and f. prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity(GP-02-01) administered by the New York State Department of Environmental Protection(DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated,revoked, or amended by subsequent owners of the Property unless and until approved by a majority plus one of the Planning Board of the Town of Southold or its successors, after a public hearing. 8. If any section, subsection, paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Richard Manzi, as Trustee tu/o �q j MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE rjF SU�ryOl Southold,NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G 54375 State Route 25 GEORGE D.SOLOMON �p (cor.Main Rd.&Youngs Ave.) JOSEPH L:TOWNSEND COU'M'��a Southold, NY IV" `�•- Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Kieran Corcoran, Assistant Town Attorney From: Anthony Trezza, Sr. Planner Date: March 21, 2006 Re: Covenants and Restrictions Standard Subdivision of Old Orchard at Cutchogue 1000-109-6-9.2 Enclosed, please find the draft Covenants and Restrictions for the above- referenced subdivision. A copy of the subdivision map is also enclosed. Please review the C & R's and advise of any revisions that are needed. I expect the Planning Board will require additional covenants, depending on the LWRP review. If you have any questions or need additional information, please contact this office. Thanks. 1� THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this day of , 2006, residing at 5 Shelly Lane, Mount Sinai,New York 11766, herein after referred to as DECLARANT, as owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Standard Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that pursuant to Section A106-56(C) of the Southold Town Code, clearing limits for each lot as shown on the approved subdivision map are as follows: i. Lot 1 clearing limit—31,022.66 sq. ft. (45.68%) ii. Lot 2 clearing limit—22,690.66 sq. ft. (55.85%) W. Lot 3 clearing limit—22,690.66 sq. ft. (56.61%) iv. Lot 4 clearing limit—26,057.00 sq. ft. (58.12%); and b. that access to Lots 1, 2 and 3 shall be from New Suffolk Avenue; and C. that access to Lot 4 shall be from Cases Lane; and d. that no changes to any of the lot lines without Planning Board approval; and e. that all stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner, and f. prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in ant and all leases to occupants,tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS, their successors and/or assigns to so condition the leases shall r IL4n,*altda i ry l car iat , subjugation to the covenants and restrictions. � xR MAR 5 2006 $fliJ.v„ .ill 4 i 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS, their successors and assigns, and upon all persons or entities claiming under them., 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional,the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Richard Manzi, as Trustee STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 25A SUITE 4 ROCKY POINT,NEW YORK 11778 (631) 744-9070 FAX (631) 744-9421 W W W.LOSQUADROLAWF'MM.COM c38 February,13, 2006 Jerilyn B. Woodhouse Planning Board Chair Planning Board Town of Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971 r Re: Manzi Homes,Inc. t 1 F F 1 5 LOOJ e.� Old Orchard @ Cutchogue Cases Lane& New Suffolk Avenue romd Dear Ms. Woodhouse and Planning Board Members: Several years ago, in 2003, our client commenced the process of seeking subdivision approval for a four-lot subdivision at the above-referenced location. Soon after the application was filed, the Town Board enacted a moratorium in order to review and enhance development patterns within Southold. The moratorium in question has now expired. One of the results of the moratorium was the creation of what are called "Halo Districts." As you know, a"Halo District" is an area in which the Town desires that density be transferred to and from the agricultural belt within the Town. The subject property is located within this newly created district. The reason for this correspondence is that, at this time, our client is on the cusp of approval for its four-lot subdivision. As part of this imminent approval, there has been a recommendation that certain Covenants and Restrictions to be placed upon the land. One of the covenants states that"no further subdivision of the property would be allowed." While this typically would not present a problem, should my client obtain future credits, by outright purchase of farmland or otherwise, this provision might prohibit the transfer of development rights. Town of Southold Planning Board February 13, 2006 Page Two Accordingly, this covenant would contradict the Town's planning initiative to deter the development of farmland and encourage growth only within specifically targeted areas. Theoretically, if parcels within the"Halo District"were prevented from further subdivision,the Town would be forced to expand such districts which would result in unintended sprawl. Accordingly,we respectfully request that the aforementioned covenant be excluded from the Covenants and Restrictions to be submitted by my client. Thank you for your consideration. Sincerely, Steven Losquadro STEVEN E. LOSQUADRO 21 0 G 2 2:3 1 6317449421 STEVEN E LOSLIUADRO PAGE 02 SMYVEN V,, LOSQ-T-TADIR0. TF? ArPTORNITEI Y AT L,ktV T 649 STUXTE 4 ROCKY POLNT,-Npy;n,Yo,Rk (621) 74+4�970 I IPA,--C 744-.-9421 F ebruary 13,2006 Jerilyn B.Woodhouse Planning Board Chair Planning Board 11� C I i77"% ; ' Townn.Hall outhold,Annex 54375 State ROtAe 25 P.O. Box 1179 FEB 1 4 2006 Southold,New York 1,1971 Re. finzi Homes,Inc Old Orchard @ Cutchogue Cases Lane&New Suffolk Avenue Dear.tiffs. Woodhouse and Planning Board Members: Seven]years ago, in 2003, our client c6rnmenced the,proces�of seeking subdivision approval for a four-lot subdivision at the above-referencedlocation. 9-bon after the application was filed, the Town Board enacted a Mpratodurn in order toTeview and e,nhanc,e development patterns within Southold, The moratoliurn in question,has now expired. One of the results of the MOTMrium wa.s this.creation of W-JIatare called``Halo Districts,"As you know, a"Halo District" is an area in which the Town desires that density be transferred to and from the agricultural bell within the Town. The subject property is located within this newly created districi, The reason for this correspondence is that ai this time. our,chent is on the cusp of approval for its four-lot subdivision. As part of this imminent approval,there has beer, LI recommendation that certain Covenants and"trictions to be plac6d upon the land. Oue of the covenants states that"no further subdivis'ion of the property W' o-uld be allowed." While this typically would not present a.problem, should my client obtain future credits, by outright purchase of farmland or otherwise,this provision might prohibit the transfer of development Tights. 02f13/20N 22:31 631?449421 STEVEN E LCiSQUADRO PAGE 03 Tow,,of Southold Planning Boavd February 13, 2006 Page Two Accordingly, this covenant would contradict the Toivn'�planning initiative to deter the development of farmland and encourage growth only within specifically targeted,arras.Theoretically, if parcels within th.e"Halo District"-were prevented*OM further 5abdivision,the Town would be forced to expand such districts which.would result in ursttfietzdecl sprawl. Accordingly,vve respectfully request that the afore ®ntioned cove�avt be excluded from the Covenants and Restrictions to be submitted by nay client. Thank you for your consideration.. Sincerely, Steven Losquadro I STF-VEN E. I OSQUA DRO � 014/1312006 22:31 E-3174 i'9421 STEVEN E L_OSQUADRO PAGE 6l I FXT7T7r-k j I EW (.X0.C,t:i iaf I f�"WlW.3.,fT�3f2'l.fa�'DSv`U1..riN'A'11:.b. !Uf):�. FACSIMILE TRAN"WITTAL G31,765-3136 , TO: Ivor. Antliony Trezza MOM: STEIN E.LOSQUADRO,F-C-1 WE: I%U=i Homes Inc. Old Orchard @ CutchOgue Caves Lgae&New Suffolk Avrnfue DATE., February I4, 2006 � i Please see attached. Thank you. lE ` F E B 1 4 2006 I � ` 3 PAGE(S)INC;LO,10 01 COVER Till,MWW iD h=,Aed a*flx rh°me of&indlt a ml en mIty%;ddch it k si1kmd W 3 n;ay mtein int6P+ad"tell 71mlerd end,anumo.t cord MCUW If:*° dbolw= if ilia render of*k raee„pa Is not me taxnded R a ml M.003W or mic0i'mt 0 ti+defiwrJnp 9fo me�@a to the intended teoplmt you xie Ikretfy now*81(lvdiavecu llon,tf+tr on�KSYJnSofthuaanunun'rsdmi.mik}y9reltlbifM.IfyetiMvert�+iredrldsawvnuofe�iminerccr.ptauuer°*6L1ta;er+eneNetaTy bYtekD>�na�d mrimf Gte uAalnal mrso0e to ry fH m�i1.'iTmmk yo°.� I II I 1 II 1 � , I I FAIRWAY FARMS ASSOCIATION, INC. T P.O. Box 351 Cutchogue,New York 11935 February 7, 2006 C Y V } ,d D . . Southold Town Planning Board Southold Town Hall FEB 2 1 2006 PO Box 1179 Southold, NY 11971 sout,:o:o fo;ln� Planni q,�Board . Dear Sirs: b�. ... . . I am writing on behalf of the Fairway Farms Association, which encompasses hirty three (33) homes on forty-five (45) acres south of the Main Road and Cases Lane and west of New Suffolk Road in Cutchogue. I am writing with regard to the proposed development by Manzi Builders of property off New Suffolk Road and Cases Lane in Cutchogue. At this time it is our understanding that the proposal calls for four (4) homes to be developed on this property. Fairway Farms Association has no objections to this proposal but would object to any proposal for high density or attached housing on this property. We would appreciate being advised if this should become the case. We would also like to take this opportunity to request any information you may have regarding the proposed development, "The Heritage at Cutchogue" by Jeffrey Rimland (developer) and Charles Kuhen (architect) of the land northwest of the Cutchogue Post Office. It is our understanding the proposal calls for one hundred sixty (160) attached, Hamlet Zoned houses, which would include twenty-five percent "low income" units. The Fairway Farms Association would like to be kept informed of any meetings with regard to this proposed development. Our concerns with such a large development in the Hamlet area include traffic congestion, school population issues and water and sewage issues. Thank you for any information you can provide with regard to these two matters. Sincerely, U0OI-n oac Susan Trentalange Co-President Fairway Farms Association cc: Southold Town Building Department MAILING ADDRESS: ¢ PLANNING BOARD MEMBE' ww``OF SUET P.O. Box 1179 JERILYN B.WOODHOUSE O�`� ��l Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS CIO • � 54375 State Route 25 MARTIN H.SIDOR mac` �� ^� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �100M,`� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2005 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, NY 11786 RE: Standard Subdivision of Old Orchard at Cutchogue The property is located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, December 12, 2005, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, an application for sketch approval was submitted on November 20, 2001 but remained inactive during the Town's moratorium; and WHEREAS, the applicant resubmitted a sketch plan on June 20, 2005 and the Existing Resource Site Analysis Plan (ERSAP) on September 23, 2005; and WHEREAS, the applicant submitted a Phase 1 Archeological Survey on September 6, 2005, which concluded that no further archaeological investigations are needed for the project; and WHEREAS, on October 27, 2005, the applicant submitted a Letter of Water Availability as issued by the Suffolk County Water Authority; and WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination on October 17, 2005; be it therefore i Old Orchard at Cutchogue Resolution Page Two December 13, 2005 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; and be it further RESOLVED, that Southold Town Planning Board finds that the sketch plan, prepared by Jeffrey Butler, P.E. and dated October 14, 2005, satisfies the yield map requirements pursuant to Section A106-11(B) of the Southold Town Code; and be it further RESOLVED, that the Southold Town Planning Board finds that the Existing Resources and Site Analysis Plan, prepared by Jeffrey Butler and dated September 14,.2005, satisfies the ERSAP requirements pursuant to Section A106-11(A) of the Southold Town Code; and be it further RESOLVED,that the Southold Town Planning Board finds that the proposal for four (4) lots is not subject to the affordable housing provisions pursuant to Section A106- 11(B)(1)(c) of the Southold Town Code; and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map, prepared by Jeffrey Buter, P.E, dated last revised October 14, 2005, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain the following revisions: a. The title of the map shall read "Preliminary Plat for the Subdivision of Old Orchard at Cutchogue." 2. Submission of the LWRP Coastal Consistency Form. 3. Submission of draft Covenants and Restrictions containing the following clauses: a. Indicate the clearing amount for each of the lots pursuant to Section A106-56(C) and as shown on the approved subdivision map. b. Access to Lots1, 2 and 3 shall be from New Suffolk Road. Access to Lot 4 shall be from Case's Lane. c. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. d. No changes to any of the lot lines without Planning Board approval. e. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. f. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. j I Old Orchard at Cutchogue Resolution Page Three December 13, 2005 4. Submission of the park and playground fee in the amount of$21,000 ($7,000 per new lot created). Additional covenants and restrictions and/or design changes may be required, depending upon comments received from the Town of Southold LWRP Coordinator. Sketch approval is valid for six (6) months from the date of the resolution, unless an extension of time is requested by the applicant and granted by the Planning Board. Upon submission of a completed preliminary application, the Planning Board will set.the preliminary public hearing for the project. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the above, please contact this office. Very truly yours, ?erilyn B. Woodhouse Chairperson MAILING ADDRESS: PLANNING BOARD MEMBERS a SU(/Jy P.O. Box 1179 JERILYN B.WOODHOUSE �QV' Old Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 MARTIN H;SIDOR • (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON yCOUN N I Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality-Review NEGATIVE DECLARATION Notice of Determination Non-Significant December 12, 2005 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: Proposed Standard Subdivision - Old Orchard at Cutchogue SCTM#: .. 1000-109-6-9.1 Location: The property is located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue. SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative:Declaration: Yes ( ) No (X) Description of Action: Proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f., Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 4:4,830 s.f. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the.following: Old Orchard Negative : laration Page Two -cember 12, 2005 No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural; open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: NYSDEC Elizabeth Neville, Town Clerk Applicant 1 fc`SvG�ti.V l/ COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L.HARPER,M.D.,M.P.H. COMMISSIONER November 18, 2005 Anthony Trezza Planning Board Office PO Box 1179 ' Town Hall, 53095 State Rte. 25 NOV Southold,New York 11971 w!Il RE: Old Orchard at Cutchogue- Subdivision S CTM#: 1000-109-6-9.1 Dear Mr. Trezza: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated October 18, 2005 concerning the above-referenced project. The Department has no objection to the Town of Southold assuming lead agency. Based on a review of the subject coordination; the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above-referenced project (HD Ref# S 10-02- 0002), as required by Article VI of the Suffolk County Sanitary Code. The application is pending review with the Office of Wastewater Management. The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. DIVISION OF ENVIRONMENTAL QUALITY,OFFICE OF ECOLOGY 360 Yaphank Avenue, Suite 213,Yaphank, NY 11980 (631)852-5750 Fax(631)852-5812 B. SCDHS Jurisdiction The 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. The Department appreciates the opportunity to participate in the SEQRA review of this proposal. Additional information may be provided prior to the close of the established comment period. Should you have any questions or require additional information, please feel free to contact the Office of Ecology at 852-5750. Sincerely, Philip de Blasi Environmental Analyst Office of Ecology PD/amf PC: Kimberly Shaw Walter Hilbert, P.E. r MAILING ADDRESS: PLANNING BOARD MEMBERS ��F.` SU�/r P.O. Box 1179 JERILYN B.WOODHOUSE O`` yQl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON ��yCOU , Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 2, 2005 Matthew Martin, Secretary Cutchogue Fire District 260 New Suffolk Road Cutchogue, NY 11935 Dear Mr. Martin: Enclosed please find one (1) subdivision plan, prepared by Jeffrey T. Butler, P.E. dated as last revised October 14, 2005, for the Subdivision Old Orchard at Cutchogue, located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue, SCTM#1 000-109-6-9.1. O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or ectric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, Anthony P. TrWa Senior Planner enc. 10/27/2005 09:25 6317278033 BUTLD? THOMAE PAGE 01 631-208.8$50 631-727�8033 fax Jeffrey, Fax. To: Planning L)epartment t=raan: Jeff Butler f pa m 765--1938 Pagesr 2 to follow Phom 765-3136. aetr. 10/26/05 Rwl Old Orchard. CC: D Urgent 0 For Rov OW ❑Please Continent Cl Please Reply 0 Please Recycle •comment= Attached please find a letter dated October 20, 2006 from the Suffolk County Water Authority with regard to the above subdivision, Please Gall with any questions.Thank you for your attention to this. Jeff t 4,1A OCR 21 2005 . 10/27/2005 09:25 6317276033 BUTLER THOMAS PAGE 02 10J2G,'200"n 12:5i 6 _. '30032 MANZIHQMESINC PAGE. 02 I' S'iJ FFOLK COUNTY WATER AUTHORITY ... 2045 Route 112.Suite 1•Corem,Now York 11?27-3086 October 20, 2005 (631)a98,950D FAX(t33t)t)Bt1-9951 Manzi Horses Inc PO Box 702 Rocky Point,NY 11778 Attn: Join Guido Rc; Old Orchard at Cutchogue SCTM#1000-109-06-9,1 File#4251733 Dcar Mr.Guido: The Suffolk County Water Alutl.starity has reccivcd your application for water service for the above referenced parcel. 111c parcel is desigtated in the SCWA's Fivv Year Water Supply Plan forthe North Fork as eligible ter ireceive public water service. Accordingy,this Letter of Water Availability is issued. Thera is anu existing main located on New Suffaolk Road which can serve this parcel, According to the skm plan dated October 14,2005,all loth have frontage on New Suffolk Road, This letter of Water, Availability is not 10 be considezed an,action by SCWA as defined by the Now York Environmental QualCny Review Act or a detetmfrimion that the parcel is approved for buildtng. You are responsible No obtaining any other permits or appvoovals that are required for the proposed project. SCWA shall not be required to provide water ter the parcel until all of the other approvals har•ea been obtsirted, Byway of a copy,SCWA is farwwarding this letter to the Town of Southold to reilerete the tlndings of the environmental review for the SCWA's Water Supply Plan. These findings fbcused,.in part,on opportunities for reducing demand for water in*m Town of Southold. Opportunities include,: 'I, Permitting the irripticn of only; t 5%of the area on any Ongle lot 2. Rectuiri,ng the use oflow flow p1 mbing fixtures in accordance with the latest codes. Adopting method-,ttp reduce the potential of degraded watwr From recharging to the aquifer_ This could Pnol❑de limits on the amount of fertilin. r dcprndent vegetation maintained on tt let. Consistent with its'Findirgs Statement,KWA encourages the To%n to iinpose appropriate conditions on rho pr'vjoct to M ace the potential impact this project will have bet the wnter 10/27/2005 09:25 6.31.7278033 SUTLER THOMAS PAGE 03 10f 21512005 12.5+7 6'' - '0032 MANZI HCNESINC PAGE 03 rosourves of the Town of Southold. These conditions could he memorialized in the four of Covenants and'Restrictions on the project that are recorded with the Suffolk County Clerk. SCW.A will provide water service to'thc parcel upon payment of the applicable fens. The fees i.rtclude a tapping fee,a key money charge and i.f applicable,a water main surcharge. Tapping fees start at$950.00 for a 1"scivice. Key money fees start at SIN0,00 for S l"fiervice. Surrh.arge amounts vary depending on the location of the proposed service. The tapping trees and the surcharge may be financed for existing residential customers• Please contact our New Construction Dcpartrnmt during our normal business hours at(631)698- 9500, 9,30 a.m. te,5:00 p.m.Monday through Friday for more information regarding the fees and other conditions of scrv►ce. Very truly youm, Grace Sandezer Assistant ManaSer GS;as Cc: Town of Southold W Tnwn Clerk PO Box1179 Southold,NY 11971 16/26/2005 13:60 6317440032 MANZIHOMESINC PAGE 01 MANZI HOMES, INC. P.O. Box 702 Rocky Point, N.Y. 1.1775 Phone-631-744-1039 Fax- 631-744-0032 "'Fax Transmission Sheet" Date: -_ --_ -rrr---------- TO. 0"►? --- L ------ - -------------------------- De t./ Company:- -------------- OJiO w( n - Fax:-------------- ---------------------------------------- b -.rr-r-r-_-r_"_____-_r.rr...�..-----..-.._-____- en v bc11v1,3 rd 0CT 2 7 2005 �1 Number of Pages Transmitted Iri`cludxng this Page If there are any problems with jthe transmission of this material, please contact us at (6331-7444039) Thank You. j j 11 1 \ � 10/26/2005 13:00 6317440032 MANZIHOMESINC PAGE 02 i i SU`F OLIK 'COUNTY WATER AU'jrHOMTY 2045 Route 112, Suite 1,Coram,New'York 11727.3055 October 20,2005 (631)698-9500 FAX(531)698.9851 Manzi Homes Inc PO Box 702 Rocky Faint, ivY 1]778 Attn: John Guido i O CT 2 7 2005 Re: Old Orchard at Cutchogue i SCTM#1000-109-06-9.1 File#4251783 — _) Dear Mr. Guido: The Suffolk County Water Authority has received your, application fmr water service for the above referenced parcel. The parcel is designated in th!e SCWA's Five Year Water Supply Plan 'Eor the North Fork as eligible to;receive public water service. Accordingly,thifi Letter of Water 'Availability is issued. There is am existing main located on New Suffoolk Road which can serve this parcel. According to the site plan dated October 114,2005,all lots have frontage on New Suffolk Road, This Letter of Water Availabilityis not to be cor idered.an action bySCWA as defined bythe New York Environmental Qualiky Review Act nr a d'eterrnination tbaet the parcel is approved for building. You are responsible for obtaining an-,I, other perrnits or approvals that are required for the proposed project SCWA shall not be requi*cd tal provide water fcbr the parcel until all of the other approvals have been obtained. By wiry of a copy, SCWA is forwarding this le,fter•tc: the Town of Southold to reiterate the findings of the environmental review;for, the SCWA'slWater Supply Flan, These findings ,focused,.in part;on opportunities for reducing dema,n.d�for w,aier in the Town of Southold. Opportunities include: I, Permitting the irrigaition of only 15% ofithe area on any single lot 2. Requiring the use of'low flow plurnbin,�Axture.in accordance with the•latest codes. Adopting metbods.ta.reduce the potent:.all cif degraded water from recharging to the J equifer. This could P nclude limits on the amount of feztilim-r dependent vegetation j maintained on a lot. Com.istem with its Findings Stmemen.t, SCWA encourages,the Town to'impose appropriate conditions on the project to re(6ce the potential itnpact thi I project will �Itave On the water I i � , 10/26/2005 13:/00 6317440032 W NZIHOME 3INC PAGE 63 resources of the Town of Southold. These conditiols could be memorialized in the forin of Covenants and.'Restrictions on the project that aie recorded,wiih the Suffolk County Clerk. SCWA will provide water service to the parcel upon payment of the applicable .fees. The fees include a tapping fee, a key money charge and if applicable, a water rnain surcharge. Talrping fees start at$950.00 for a l"service, Key money feys start at 53,000.00 for a V service. Surcharge amounts vary depending on the location a.f the proposed service_ The tapping Fees and the surcharge may be .financed for existing residential customers. Please contact our New Construction Departrf:'ent during our\narmsl business hours at(631)698- 9500, 8:30 a.m.. to 5:00 p.m. Monday through Friday for rnore information regarding trio fees and other conditions of service. Very truly your-, Urace Sandezer Assistant Manager En c. \\ 1 , Cc: Town of Southold—Town Clerk i PO Box It 79 Southold,NY 11971 � 1 I i 1 � i �I I New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 - Phone: (631)444-0403 FAX: (631)444-0360 Denise M.Sheehan Acting Commissioner LEAD AGENCY COORDINATION RESPONSE October 25, 2005 Anthony P. Trezza Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Standard Subdivision of Old Orchard at Cutchogue �p05 New Suffolk Road Ctuchogue, NY 11935 t SCTM# 1000-109-06-9.1 Dear Mr. Trezza: This letter is in response to your Lead Agency Coordination Request of October 18, 2005 regarding lead agency coordination for the above project pursuant to the State Environmental Quality Review Act. (SEQRA).of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Planning Board Office assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. The southern portion of this site is in the vicinity of NYSDEC regulated freshwater wetland.#SO-6. P!eae-o advise + env applicaant that the i inder+al(inr, of any regulated arti-MI t��i+hin 1(1f1' v�{ +hic :v ..iv uu :.�.. t :7tlt.+ :"v c::.w� ♦::v u:r...v:au+ :.� .: U::) v.J.' a.�wu uv,1:...y ithin c.:.v freshwater wetland will require a Freshwater Wetland Permit from this Department. If you have any questions, please call me at 631-444-0403. Sin rely, Sherri Aicher Environmental Analyst PLANNING BOARD MEMBE MAILING ADDRESS: •, P.O. Box 1179 O��OF SOU�yol Southold, NY 11971 JERILYN B.WOODHOUSE Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H. SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D. SOLOMON lif'C Southold, NY ou � Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2005 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, NY 11786 RE: Standard Subdivision of Old Orchard at Cutchogue The property is located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, October.17, 2005, adopted the following resolutions: WHEREAS, proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, an application for sketch approval was submitted on November 20, 2001 but remained inactive during the Town's moratorium; and WHEREAS, on February 14, 2005, the application was reclassified as a Standard Subdivision and was required to be resubmitted in conformance with Chapter A106: "Subdivision of Land of the Code of the Town of Southold"; and WHEREAS, the applicant resubmitted a sketch plan on June 20, 2005 and the Existing Resource Site Analysis Plan (ERSAP) on September 23, 2005; be it therefore RESOLVED, that the Southold Town Planning Board start the SEAR lead agency coordination process for this unlisted action; and be it further RESOLVED, that the'Southold Town Planning Board credits the $3,000 in previously paid fees towards the new application. Old Orchard at Cutchogue Page Two October 18 2005 If you have any questions please do not hesitate to contact the Planning Board office. Very truly yours, William Cremers Vice Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE O``�QF SOUTyOI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR �� (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lij''COU '� Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 2005 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 is a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Standard Subdivision of Old Orchard at Cutchogue SCTM#1000-109-6-9.1 Zoning District: R-40 Requested Action: Proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f. SEQRA Classification: ( ) Type I (X ) Unlisted Contact Person: Anthony P. Trezza, Senior Planner (631) 765-1938 x 5022 Old Orchard at Cutchogue Lead Agency Coordination Request Page 2 The lead agency will determine the need for any supplemental information 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. In addition please provide any information that should be considered during this review. Planning Board Position: (X) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly urs, illiam Cremers Vice Chairman cc: Southold Conservation Advisory Committee Suffolk County Department of Health Services *NYSDEC - Stony Brook, Sheri Aicher Building Department *Maps are enclosed for your review Enc. MAILING ADDRESS: PLANNING BOARD MEMBERS �F soar P.O. Box 1179 JERILYN B.WOODHOUSE O�\� ��l Southold,NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 MARTIN H.SIDOR r` �� (cor.Main R& &Youngs Ave.) GEORGE D.SOLOMON Olif'�'DU �� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 19, 2005 Matthew Martin, Secretary Cutchogue Fire District PO Box 930 Cutchogue, NY 11935 Dear Mr. Martin: Enclosed please find one (1) subdivision plan, prepared by Jeffrey T. Butler, P.E. dated as last revised October 14, 2005, for the Subdivision Old Orchard at Cutchogue, located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue, SCTM#1000-109-6-9.1. O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow'or electric. Thank you for your cooperation. Very truly yours, Anthony P. Tre Senior Planner enc. FROM SOUTHOLD TOWN PLANNING FAX NO. : 631 765 3136 Oct. 05 20b© 'b9:32AM P1 MMLING A0DRE.SS: P.O. l3nr.11i9 PLANNING I34ARD MEMBERS �Q� sdUry Southold,NY 11971 JERILYN 13.WC30DHOXJSE ��`� Chair OFFICE LOCATION: Town Hall Anrtpx W>'.LTAAM J.()RDMENS F34375 State,Route 25 IZENNETH L.E))WARll`+ MARTIN+14. s11x,)R a� (cor• Main Rd.&Youngs Ave.) GEORGIr D,S<31.OMON `�'��4Ut1 ,N Southold,NY.. II Telephone:631 765-1938 Fax:831 765-3130 PLANNING'BOARD OFFICE TOWN OF SOUTHOIJ) E& SIMILE To: Jeffrey T. Butler, P.E. 631-727-8033 (fax) From: Anthony Trezza, Sr. Planner Date: October 5, 2005 Re: Old Orchard at Cutcho use As a follow-up to our discussions regarding the above-referenced subdivision application, please provide this office with five (5) copies of the most recent sketch plan for the project. The Planning Board will initiate the SEQRA coordination process at their public meeting on October,17, 2005'. If you any questions or need further assistance, please feel free to contact this office. 7 2005 4 MAILING ADDRESS: PLANNING BOARD MEMBERS *�f S P.O. Box 1179 JERILYN B.WOODHOUSE IVY ��l Southold, NY 11971 Chair Q J� OFFICE LOCATION: WILLIAM J.CREMERS � Town Hall Annex KENNTH L.EDWARDS G • Q 54375 State Route 25 MARTIN H.SIDOR la (cor. Main Rd. &Youngs Ave.) GEORGE D.SOLOMON lif'COU � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD FACSIMILE To: Jeffrey T. Butler, P.E. 631-727-8033 (fax) From: Anthony Trezza, Sr. Planner Date: October 5, 2005 Re: Old Orchard at Cutchoque As a follow-up to our discussions regarding the above-referenced subdivision application, please provide this office with five (5) copies of the most recent sketch plan for the project. The Planning Board will initiate the SEQRA coordination process at their public meeting on October 17, 2005. If you any questions or need further assistance, please feel free to contact this office. J EFFREY T. BUTLER , P . E . PO Box 634 SHOREHAM , NY 1 1 786 (63 1) 208-8850 (63 1) 727-8033 F-Ax LICENSED PROFESSIONAL ENGINEER MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Letter of Transmittal September 19,2005 Town of Southold Planning Dept. PO Box 1179 Southold,NY 11971 Attn: Mark Terry log Re: Old Orchard at Cutchogue Dear Mark: Attached please find one copy of an Aerial Photo of the above referenced site with the subdivision and proposed clearing over-layed on it. In addition,I have attached twelve(12)copies of the site with the ERSAP requirements, which we had discussed. Please note the Bruce Anderson of Suffolk Environment has concluded that there are not any wetlands on or within 100 feet of the subject property. Please call the office with any questions or concerns at(631)208-8850. Thank you. Sincerely w SEP 2 3 2005Je J EFFREY T. BUTLER , P . E . r Po Box 634 SHOREHAM , NY 1 1 7B6 (63 7) 2OB-BB50 (63 7) 727-B033 FAX LICENSED PROFESSIONAL ENGINEER MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS August 31,2005 Town of Southold Planning Dept. PO Box 1179 Southold,NY 11971 i ; LEL' Attn: Mark Terry i f Re: Archaeological Survey i ' SEP - 6 205 Old Orchard at Cutchogue Subdivision SCTM# 1000-109-06=009.001 — ----- - Dear Mark: Enclosed please find the Archaeological Survey requested,per ERSAP requirements. Please call the office with any questions or concerns at(631)208-8850. Thank you. cer Jeff T. Butl ,P.E. . Sr J EFFREY T. BUTLER , P . E . Po Box 634 SHOREHAM , NY 1 1 7B6 (63 1) 2OB-BBSO (63 1) 727-B033 FAX I LICENSED PROFESSIONAL ENGINEER MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS I Letter of Transmittal i June 16,2005 I Naee�a,nuusld , g Town of Southold `ua o1 1L,1110 _ Planning Dept. I �m PO Box 1179 tr �OOZ 0 Z �l Southold,NY 11971 �rII j nr r .i Attn: Mark Terry Re: New Suffolk Road Cutchogue, NY SCTM# 1000-109-06-009.001 I Enclosed please find the following: j I i • Upon your request please find 3 copies of blueprints for the above referenced property. Please call the office with any questions or concerns at(631)208-8850. Thank you. I I Sincerely I I Jeffrey T.Butler,P.E. I �I I i I . I I i FROM SOUTHOLD TOWN PLANNING _ARD FAX NO. 631 765 3136 Mar. 22 2005 11:18AN P1 NLULING ADDRESS: PLANNING BOARD MEMB ,MS' QF S01J4 � � P.O. Box 1.179 JERILYN B.WOODI�OUSE S �4 �� � outhold, NY 11971 �91LQ Chair 0f-rF](C)r LOCAnON: wILLIAM J.GREMERS cn Town Hall Annex KENNETH L.EDWA DS �p 5437E State.Route 26 MARTIN H.SIDOR � Gl~�ON.GE D.SOLOMON l (eor•Main Rd., &Youngs Ave_)CQU�[[�(,� Southold,NY Telephone: 631 765-1935 Fax 631 765-31.36 March 15, 2005 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr.John Guido C/o Manzi Holkies P.O. Box 702 Rocky Point,New York 11778 Re- Proposed Minor Subdivision of Old Orchard at Cutchogue Located w/o New Suffolk Road and n\o Cedars Road in Cutchogue SCTMH 1000-109-6-9.1 Zoning: A-C Dear Mr. Guido: The Planning Board reviewed the application to the new Chapter Al06 at the March 14, �rl t 2005 work session; the following was decided: _ ' 1. The Plannin a g Board will credit the$3000.00 application fee previously paid on1% 5 1n the application. Please submit the difference between the new and old fees in th%�Pz amomit of$250.00 for the sketch plan application, 2. Please submit a-sketch plan application pursuant to the iZ w Chapter,A1.06 showing all ERSAP requireixients.th% apply and clearing limits. 3. Please submit a yield map for the proposed subdivision pursuant to the riew Chapter A106, 4. An Environmental Review report was prepared by Nelson,Pope and Vorhees for the proposed action. The Planning Board is requiring the following recommendations made within the report: '::—>a. Perforin a Phase IA Literature Research and SzrT,,sitivity Study and Phase IB Field Investigation Assessment for the area. b. The iot sizes do not total the parcel acreage, please correct. c. A storm water discharge culvert allows store, water to be,discharged onto northern portion of the site, the origin, use and owner should be identified and mitigation for the drainage should he implemented prior to creating Lot 4. , d. The recorded history and test hole data to (lcterininc depth to groundwater -are inconsistent. The Planning Board)will leave a detemmllation.of septic . ..,...feasibility to the Stiffolk County Dc,- artmei. o PTealth.Sei ices77 MA RON SOUTHOLD TOWN PLANNING 11RD FAX NO. : 631. 765 3136 Mar. 22 2005 11:19AN P2 Due to the size of the parcel clustering of the lots is not mandatory. Further, the Planning Board will accept the completed Environmental Review report in Iieu Of' an ERSAP plan,however, any ERSAP requirements that apply`must.be shown on the sketch plan as indicated above. 5. Provide the Planning Board with a General permit for Storm-water Runoff from Construction Activity(GP-02-01). Please contact the DEC at.518-402-8265 for pennitting information. Upon receipt;the application will be reviewed and proceed to the next step. If you have any questions,please calla Sincerely, . M Terry enior Environm a anner Cc: Planning Board Jeff Butler,Engineer MAILING ADDRESS: PLANNING BOARD MEMBER'8 QF SOUryo P.O. Box 1179 JERILYN B.WOODHOUSE �Q �O Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cis Town Hall Annex KENNETH L.EDWARDS �p� 54375 State Route 25 MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) GEORGE D.SOLOMON �CQuMy,� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 March 15, 2005 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. John Guido C/o Manzi Homes P.O. Box 702 Rocky Point,New York 11778 Re: Proposed Minor Subdivision of Old Orchard at Cutchogue Located w/o New Suffolk Road and n\o Cedars Road in Cutchogue SCTM# 1000-109-6-9.1 Zoning: A-C Dear Mr. Guido: The Planning Board reviewed the application to the new Chapter A106 at the March 14, 2005 work session; the following was decided: 1. The Planning Board will credit the $3000.00 application fee previously paid on the application. Please submit the difference between the new and old fees in the amount of$250.00 for the sketch plan application. 2. Please submit a sketch plan application pursuant to the new Chapter A106 showing all ERSAP requirements that apply and clearing limits. 3. Please submit a yield map for the proposed subdivision pursuant to the new Chapter A106. 4. An Environmental Review report was prepared by Nelson, Pope and Vorhees for the proposed action. The Planning Board is requiring the following recommendations made within the report: a. Perform a Phase IA Literature Research and Sensitivity Study and Phase IB Field Investigation Assessment for the area. b. The lot sizes do not total the parcel acreage,please correct. c. A storm water discharge culvert allows storm water to be discharged onto northern portion of the site, the origin, use and owner should be identified and mitigation for the drainage should be implemented prior to creating Lot 4. d. The recorded history and test hole data to determine depth to groundwater are inconsistent. The Planning Board will leave a determination of septic feasibility to the Suffolk County Department of Health Services. Due to the size of the parcel clustering of the lots is not mandatory. Further, the Planning Board will accept the completed Environmental Review report in lieu of an ERSAP plan, however, any ERSAP requirements that apply must be shown on the sketch plan as indicated above. 5. Provide the Planning Board with a General permit for Storm-water Runoff from Construction Activity(GP-02-01). Please contact the DEC at 518-402-8265 for permitting information. Upon receipt, the application will be reviewed and proceed to the next step. If you have any questions,please call. Sincerely, M Terry enior Environme a anner Cc: Planning Board Jeff Butler, Engineer MANZI HOMES, INC. P.O. BOX 702 ROCKY POINT, NY 11778 631-744-1039 Fax 631-744-0032 March 1, 2005 Mark Terry Senior Environmental Planner Town Of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Dear Mr. Terry: This letter is to state that Manzi Homes, Inc. filed a Subdivision application for New Suffolk/Case's Lane, Cutchogue. The S.C.T.M. number is 1000-109-06-009.001. We have to resubmit an application, please roll over the fees that Manzi Homes, Inc. has previously paid. Thank you for your attention to this matter. T'hanjk you, ohn Guido ��SVFF�(�C►O MAILING ADDRESS: P7_.ANNING BOARD MEM 3ERS P.O. Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 Cz Chair y OFFICE LOCATION: O T Town Hall Annex WILLIAM J.CREMERS y�f�l �aO� 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY GEORGE D. .SOLOMON Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE February 15, 2005 TOWN OF SOUTHOLD Steven E. Losquadro, Esq. 701 D Route 25A Rocky Point, NY 11778 Re: Proposed Subdivision Old Orchard at Cutchogue Located west of New Suffolk Road, directly north of Cedar's Road, in Cutchogue SCTM# 1000-109-6-9.1 Zoning District: R-40 Dear Mr. Losquadro: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, February 14, 2005: WHEREAS,the proposal is to subdivide a 4.619-acre parcel into 4 lots where Lot 1 equals 1.5�kres, Lot 2 equals .98 acre, Lot 3 equals .92 acre and Lot 4 equals .97 acre; and t. WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 — Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106 of the Town Code, the Planning Board hereby classifies this application as a Standard Subdivision; and be it further RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 —"Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit previously paid application fees towards the new application. The determination will be based upon the amount of work that has been accomplished to date on the application. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn B. Woodhouse Chairperson p�► CO ELIZABETH A. NEVILLE = G'y� Town Hall, 53095 Main Road i TOWN CLERK h = P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS � � Southold, New York 11971 MARRIAGE OFFICER �,liL Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER "'/Q� �ap Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 26 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 7,2003: WHEREAS an application has been made by the Manzi Homes for a waiver from the provisions of Local Law#3 —2002 entitled"Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions,Minor Subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold"pursuant to Section 6 "Appeal Procedures"of Local Law#3-2002 to permit the Planning Board to consider an application for a minor subdivision known as "Old Orchard)%t Cutchogue"on the parcel of property known as SCTM# 1000-100-6-9.1; and WHEREAS the application involves the subdivision of a 4.619 parcel into 4 lots; and WHEREAS the Town Board has reviewed the file and considered all pertinent documents; and WHEREAS the criteria that the applicant must meet is set forth in section 6. (Appeal Procedure) of Local Law#3-2002 and the section states: Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance r A ' or waiver on the water supply, agricultural lands, open and recreational space, rural i character,natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. WHEREAS the Town Board finds that the applicant has failed to demonstrate an extraordinary hardship pursuant to the criteria; and WHEREAS the Town has hired a"moratorium group"consisting of in-house and outside planners and attorneys who are working on a"Comprehensive Implementation Strategy"of the Comprehensive Plan of the Town of Southold and certain comprehensive planning currently being undertaken includes,but is not limited to a 80%preservation of open space throughout the Town and a 60%reduction in density and clear establishment of the Hamlet Centers and a possible Transfer of Development Rights component(a full description of the"action"is set forth in the SEQRA Resolution dated today,January 7, 2003 for the Southold Comprehensive Implementation Strategy which is incorporated by reference into this decision); and WHEREAS based on the application, all relevant documentation, the comprehensive planning currently being undertaken by the Town, the above referenced facts granting a waiver from the provisions of Local Law#3-2002 and the criteria set forth in Section 6. Appeals Procedures the applicant has failed to meet its burden pursuant to the/p.�nteria; and J WHEREAS the waiver application, if approved, could have a serious detrimental impact on the extensive and exhaustive comprehensive planning currently being undertaken by the Town. Be it RESOLVED by the Town Board of the Town of Southold that the application is herebv denied. Elizabeth A. Neville Southold Town Clerk JAN 1 �UU3 SOf FO�,� o PLANNING BOARD MEMBERS O C BENNETT ORLOWSKI,JR. h�� Gy P.O.Box 1179 Chairman o= Town Hall, 53095 State Route 25 ti 2 Southold,New York 11971-0959 RICHARD CAGGIANO Telephone(631) 765-1938 WILLIAM J.CREMERS O�i Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR. JP PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ms. Betty Neville Town.Clerk From: The Planning Board Re: Request or Waiver from Local Law Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the minor subdivision of Old Orchard at Cutchogue SCTM# 109-6-9.2 Date: October 3, 2002 The proposed action involves the subdivision of a 4.619 acre parcel into four lots with the following lot sizes: Lot 1: 67,912.52 s.f. (1.56 acres), Lot 2: 43,070.68 s.f. (0.99 acres), Lot 3: 40,082.00 s.f. (0.92 acres) and Lot 4: 42,380 s.f. (0.97 acres). All proposed lots are intended for single family residential development. Lot 1 maintains frontage on Cedar's Road(with side yard frontage on New Suffolk Road),Lot 4 maintains frontage on Case's Lane, and both lots 2 and 3 maintain frontage on New Suffolk Road. The proposed project will utilize private sanitary systems within individual lots. Public water is proposed. The project site is located in an area that contains a mix of residential, commercial, agricultural, and private recreational uses. The subject site is zoned R-40 residential. The Planning Board has reviewed the request for waiver for the minor subdivision Old Orchard at Cutchogue SCTM# 109-6-9.2 and makes a recommendation of denial at this time due to the following reasons: 1. The Planning Board does not find that the reasons set-forth supporting the "financial hardship" qualifies as above and beyond the norm within the subdivision application process and therefore has determined that the request should not constitute a"severe hardship" and makes a recommendation of denial. Correspondingly,it is the Planning Boards finding that the proposed project does not fully support the planning objectives of the Town of Southold which include: The preservation Pfopen space and recreational space; the preservation of the Rural, Cultural and Historical Character of the Hamlets and surrounding areas and the preservation of the natural environment. Cc: Val Scopaz, Town Planner Greg Yakaboski ,Town Attorney o�®SUFFot,��, ELIZABETH A. NEVILLE �� OG'y� Town Hall, 53095 Main Road TOWN CLERK o - P.O.Box 1179 N REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER ,L Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER y"'/Ql ��®� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To; Valerie Scopaz,Town Planner Gregory F.Yakaboski,Town Attorney From: Elizabeth A. Neville, Southold Town Cler6i Re: Manzi Homes request for waiver to moratorium Date: September 5,2002 I received a check this morning from Manzi Homes in the amount of$250.00 covering the fee for their waiver application for the minor subdivision "Old Orchard at Cutchogue" Please commence the review proceedings on this application. Thank you. cc: Supervisor&Town Board l � I 1 , 1 » A,' Y w r �osuFFoc,�oo 0 ELIZABETH A. NEVILLE ti� Gym Town Hall, 53095 Main Road TOWN CLERK o -'� P.O. Box 1179 y = Southold, New.,York 11971 REGISTRAR OF VITAL STATISTICS � � MARRIAGE OFFICER �,.L �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER '/off �a� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER sou tholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 3., 2002 Steven E. Losquadro, Esq. Attorney At Law 701d Route 25a Rocky Point, New York 11778 Dear Mr. L-osquadro: Please be advised that we are in receipt of your letter requesting a waiver to the moratorium for the minor subdivision "Old Orchard at Cutchogue". However, your application .cannot be processed until such time as the$250.00 application fee is received. Please send this fee directly to me at the above address. Thank you. Very truly yours, Q Elizabeth A. Neville Southold Town Clerk Received: $250. 00 application fee regarding above-referenced matter. BY ilk Dad4l.16_ S '�0O2 Town Of Southold P.O Box1179 Southold, NY 11971 * * * RECEIPT Date: 09/05/02 Receipt#: 14943 Transaction(s): Subtotal 1 Moraotirum Waiver $250.00 Check#: 14943 Total Paid: $250.00 Name: Manzi, Homes Inc P O Box 702 Rocky Point, NY 11778 Clerk ID: LYNDAB Internal ID:62207 VO§urf®`�� V v ELIZABETH A. NEVILLE ��® G"1� Town Hall, 53095 Main Road TOWN CLERK ® 1 P.O. Box 1179 ti a REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER �i �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ��d ��® Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Supervisor&Southold Town Board Members Town Attorney Gregory Yakaboski Town Planner Valerie Scopaz From: Town Clerk Elizabeth Neville c4z Re: Request for waiver on Moratorium Date: August 28,2002 Transmitted,please find request of Steven E. Losquadro, Esq. on behalf of Manzi Homes, Inc. for a waiver/variance to the moratorium on minor subdivision"Old Orchard" located at Cutchogue, SCTM No. 1000-100-6-9.1. � o q+, •�- f STEVEN E. LOSQUADRO RECEIVED ATTORNEY AT LAW 701D ROUTE 25A ROCKY POINT, NEW YORK 11778 AUG(631) 744-9070 AG 2 8 2002 FAX (631) 744-9421 WWW.LOSQUADROLAW.COM Southold Town Clerk ooi August 27, 2002 Town Board Members Town of Southold 53095 Main Road Southold,New York 11971 Old Orchard at Cutchogue Minor Subdivision SCTM No. 1000—100—6—9.1 Gentlemen: I represent Manzi Homes, Inc., the applicant in the above-referenced matter. Please accept this correspondence as a request for a waiver and/or variance of the provisions of the Town's recently enacted local law adopted on August 13, 2002 [hereinafter"the Moratorium"] on the aforementioned property located in Cutchogue, New York. We respectfully submit, for the reasons set forth herein, that such a waiver and/or variance should be granted in order to alleviate the extraordinary hardship affecting the parcel in question and the applicant herein. Initially,kindly allow me to note that I submitted correspondence to this Board dated July 28,2002 which set forth the enormous hardship that the Moratorium would cause my client. A copy of that correspondence is attached hereto. Manzi Homes has expended a considerable amount of time, money and resources in the Old Orchard at Cutchogue minor subdivision. My client has incurred substantial carrying costs for the property in question, and almost four(4)months ago received sketch plan approval of snaps for the minor subdivision from the Planning Board. Moreover, I submit that the variance and/or waiver we seek will not adversely affect the purpose of the local law. The Moratorium law explains, in pertinent part,that among the factors leading to the law's enactment is the growth of residential subdivisions which place "severe pressure" on the Town's "water supply, agricultural lands,""rural character, natural resources and transportation infrastructure:" The minor subdivision in question is located in a hamlet area, and thus would not adversely affect the rural character of the Town, and would not adversely impact any agricultural lands. Also, Town Board Town of Southold August 27, 2002 public water exists at Cases Lane,the site of the application, and thus there would be no adverse impact on the water supply. In addition, as the minor subdivision will be situated in an existing hamlet area—which allows for residents to walk to shopping and amenities —the minor subdivision will not adversely impact the Town's natural resources and transportation infrastructure. Manzi Homes proceeded with the minor subdivision at issue for a significant period of time—and to a significant degree of approval—prior to the enactment of the Moratorium. Further, we respectfully submit that a waiver or variance will not adversely impact those items specified in the law itself. Accordingly, we respectfully request that a variance or waiver be issued for Old Orchard at Cutchogue. Sincerely, V Steven Losquadro attachment STEVEN E. LOSQUADRO 151 STEVEN E. LOSQUADRO ATTORNEY AT LAM' 701D ROUTE 25A ROCKY POINT, NEW YORK 11778 (631) 744-9070 FAX (631) 744-9421. W W W.LOSQUADROLAW.CO M mi July 28, 2002 Town Board Members Town of Southold 53095 Main Road Southold,New York 11971 Re: Old Orchard at Cutchogue Minor Subdivision Gentlemen: Kindly consider this correspondence as an application to exclude the above- entitled minor subdivision applied for by my client Manzi Homes from the moratorium under consideration in the Town of Southold. For the reasons which we shall set forth herein, we respectfully submit that the failure to exclude this minor subdivision for which sketch plan approval has already been granted would cause great financial hardship to my client. Manzi Homes is a small, family owned and operated company which constructs " single family residences. For some time,Manzi Homes has enjoyed an exceptional reputation in the Town of Southold as a iouilder of quality homes that deals fairly and honorably with both the public and the Town government. Manzi has invested a significant amount of time, money and resources to the Old Orchard at Cutchogue subdivision. Initially, Manzi submitted an application fee of$3000.00, environmental assessment forms, and sketch plans to the Town, and shortly thereafter submitted maps, a $800.00 fee and an application to the Suffolk County Department of Health Services [hereinafter"SCDHS"]. Manzi has expended a considerable amount of money for engineering costs, and over the course of the last year has attended numerous meetings with the SCDHS and the Planning Board in furtherance of this application. On May 13, 2002 the Planning Board adopted a resolution granting sketch plan approval of the maps for the minor subdivision, and since that time Manzi has responded to further requests made by the Planning Board, including a request for a$750.00 environmental fee. In light of the substantial time and expense dedicated to this minor subdivision, a failure to have Old Orchard at Cutchogue excluded from a moratorium would work } Town Board Members Town of Southold July 28, 2002 an enormous hardship on a family enterprise such as Manzi Homes. Accordingly, we respectfully request that Old Orchard at Cutchogue be excluded from any moratorium enacted by the Town of Southold. Sincerely, "IjC�---- Steven Losquadro CmIr ATT-'i N F_ T,O-,(JTT A ELIZABETH A. NEVILLE ��O Gym Town Hall, 53095 Main Road TOWN CLERK o P.O. Box 1179 N Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 0y • �� Fax (631) 765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �ol �a� Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 528 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST.13. 2002: WHEREAS,there was presented to the Town Board of the Town of Southold, on the 2nd day of July, 2002, a Local Law entitled, "Local Law in relation to a Temporary Moratorium on the Processing,Review of, and making Decisions on applications for Major Subdivisions, Minor Subdivisions, and Special Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" WHEREAS, a public hearing was held on this Local Law on the 30th day of July, 2002, at which time all interested persons were given the opportunity to be heard thereon, now, therefor,be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: LOCAL LAW NO. 3 OF 2002 A Local Law in relation to a Temporary Moratorium on the Processing, Review of, and making Decisions on applications for Major Subdivisions,Minor Subdivisions, and Special Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold BE IT ENACTED BY, the Town Board of the Town of Southold as follows: Section 1. PURPOSE The Town Board finds that the increased growth and development of residential subdivisions and multi-family developments requiring site plan approval within the Town of Southold are placing severe pressure on the water supply, agricultural lands, open and recreational space, rural character, natural resources, and transportation infrastructure of the Town. The Town's unique environment, geography, and hydrology impose distinct limitations on the shape, design and intensity of residential development that can be reasonably sustained without endangering public health, safety and welfare. The Town Board has taken steps to study and analyze the existing land use, populations trends, and fiscal, institutional,human, environmental and agricultural resources of the Town to deterrri;ne the sufficiency of the existing land use regulations and the possible need for revision of such regulations. The Town Board appointed the`Blue Ribbon Commission for Preserving a Rural Southold"to recommend methods for increasing the amount of protected farm and open space lands. Approximately one third of the Town's land is prime farmland. Ill-planned residential subdivisions and multi-family developments subject to site plan review can significantly reduce the availability of agricultural land. Decisive measures are needed to protect farmland while ensuring the economic viability of the agricultural industry. The Blue Ribbon Commission has concluded its meetings and has drafted and released its findings and recommendations. The Town Board needs time to consider and take action on the recommendations made by the Commission. Implementation of its recommendations will likely require a substantial commitment of legal and planning resources to develop legislation. Southold has insufficient affordable housing opportunities for its own residents. The Town's current policies and laws pertaining to the creation of affordable housing are not fully achieving its goals and need to be updated. Southold needs a sound planning strategy for maintaining a stable supply of starter and/or rental housing. After years of study, fact gathering and drafting completion of a local waterfront revitalization program(LWRP) for the Town of Southold is imminent. The LWRP is a comprehensive plan for the entire town. As waterfront land has, in certain instances,been inappropriately developed, Town waters and habitats have been negatively impacted. This is evident in the closure of shellfishing areas such as Mattituck Creek and James Creek due to an increase in coliform bacteria from septic systems and storm water runoff, to name just two sources. The LWRP and the Peconic Estuary Plan recommend several land use measures that could be adopted by the Town to augment estuary protection. The Town intends to adopt or implement most, if not all, of these recommendations. The moratorium will give the Town time to consider and implement the LWRP and the best land use techniques for protecting its waterfront resources. The public infrastructure that is needed to support human activity plays an important role in shaping a community's character. The design and location of roads, schools, parking lots, subdivisions and business centers are determinants of this character. This character is being changed by certain trends: requests to the Board of Trustees for permits on waterfront lots, the loss of historical structures of importance to the community through neglect or ignorance, the increase in vehicular traffic which, in turn, has increased traffic congestion and the need for parking within hamlet business centers. Regional travel patterns to and from Connecticut and the Hamptons are also adding to the traffic congestion. The ability of SR 25 and the Town to continue to absorb additional volumes of traffic without irreparable damage to its quality of life is an important issue. The Town must clearly define the boundaries between hamlets and open areas in order to differentiate in its treatment of land use and public infrastructure in these areas . On May 21, 2002, the SCWA instituted a 6-month moratorium on the issuance of new hookups until it can develop both a short and long-term plan for maintaining and providing a dependable supply of high quality drinking water within the Town of Southold. The Town does not have accurate information about the maximum amount of residential and agricultural usage that its underground aquifer is capable of sustaining. The Town has not adopted a groundwater protection program to ensure that the sole source of drinking water does not become contaminated by organic and inorganic compounds. The Town's existing procedures and laws should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's planning objectives. The four guiding planning objectives of the Town of Southold are 1)the preservation of farmland and agriculture; 2)the preservation of Open Space and Recreational Space; 3) the preservation of the Rural, Cultural, Commercial and Historical Character of the Hamlets and Surrounding Areas; and 4) the preservation of the Natural Environment. The practical reality, however, is that some of the land use regulations and procedures (specifically including, but not limited to, the subdivision regulations and regulations governing special exception use permit and site plan applications that include dwelling unit(s)) are not having this effect. Until the planning process is completed, the Town Board finds it necessary to impose a moratorium on the grant of subdivision approvals and multi-family developments that require site plan approval, as hereinafter provided. An integrated strategy that takes into account the Town's fragile and finite natural resources and its unique geographic configuration is needed. This moratorium will enable the Town to focus on crafting and implementing a strategy to ensure that it actually achieves its planning objectives. This action is necessary in order to protect the character, natural resources, public services and facilities of the Town of Southold and the public health, safety and welfare of Town residents. Section 2. ENACTMENT OF TEMPORARY MORATORIUM For a period of SIX (6) months following the effective date of this Local Law after which date this Local Law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the SIX (6)month period: 1) the Planning Board shall not accept for review, continue review, hold a hearing or make any decision upon any application for a subdivision,whether that subdivision application was submitted prior to or after the effective date of this law. This law applies to subdivisions (whether major subdivisions or minor subdivisions) as defined in Southold Town Code § A-106-13. The statutory and locally-enacted time periods for processing and making decisions on all aspects of subdivision applications (including,but not limited to, sketch plans, preliminary and final subdivision plats) are suspended and stayed while this Local Law is in effect; 2) the Planning Board shall not accept for review, continue review , hold a hearing or make any decision upon any application for a site plan containing DWELLING UNIT(S),whether submitted prior to or after the effective date of this law, and shall not be subject to the time periods specified in Town Law § 274-a and Article XXV of the Southold Town Code, including without limitation,provisions relating to the, processing, reviewing, holding of hearings and the rendering of decisions. The statutory and locally-enacted time periods for processing and making decisions on all aspects of site plan applications containing dwelling unit(s) are suspended and stayed while this Local Law is in effect 3) The Zoning Board of Appeals shall not accept for review, continue review, hold a hearing on, continue a hearing or make any decision upon any application for a special use permit which application is also subject to Planning Board approval pursuant to the Southold Town Code where the Planning Board is prohibited from reviewing, processing,holding hearings on and making decisions on because of the provisions of this local law,whether said application was submitted prior to or after the effective date of this local law. Section 3. APPLICATION This local law shall apply to ALL [new or pending] applications for either subdivision approval or special exception use permits and site plans containing dwelling unit(s)within the Town of Southold. Section 4. EXCLUSIONS This Local Law shall not apply to: 1) subdivisions for which final plat or conditional final plat approval was granted by the Planning Board prior to the effective date of this local law; 2) setoffs as defined in the definition of"Subdivision"in Southold Town Code section A106-13; 3) Lot line applications; 4) new or pending applications for the subdivision of a parcel of property where interests or rights in real property(the fee or any lesser interest, development rights, easement, covenant, or other contractual right)to a portion of that parcel have been sold or gifted (for purposes of permanent preservation)to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy,prior to the effective date of this local law; 5) new or pending applications for the subdivision of a parcel of property where an executed contract(dated prior to the effective date of this local law) exists to either sell or gift interests or rights in real property(the fee or any lesser interest, development rights, easement, covenant, or other contractual right) to a portion of that parcel (for purposes of permanent preservation) to either the Town of Southold (pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Pdconic'Land Trust or the Nature Conservancy; 6). new subdivision applications where an applicant has entered into a contract (dated after the effective date of this local law) to either sell or gift interests or rights in real property(the fee or any lesser interest, development rights, easement, covenant, or other contractual right) to a portion of that parcel(for purposes of permanent preservation) to either the Town of Southold(pursuant to either chapter 6, 25 or 59 of the Southold Town code); the County of Suffolk; the Peconic Land Trust or the Nature Conservancy; provided that that portion of the property on which the interests or rights to property are being sold or gifted encompasses at least seventy five percent(75%) of the entire parcel. The following areas are not to be included in the calculation of the 75%threshold: that portion of the parcel which is wetlands (as defined by Chapter 97 of the Southold Town Code), streams, creeks,ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code.; 7) a site plan application for a two-family dwelling; 8) a site plan application for a bed-and-breakfast; 9) a site plan application for an accessory apartment(s); Section 5. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE To the extent that any provisions of this Local Law are in conflict with or are construed as inconsistent with the provision of New York State Town Law this Local Law supersedes, amends and takes precedence over NYS Town Law pursuant to the Town's municipal home rule powers,pursuant to Municipal Home Rule Law § 10(1)(ii)(d)(3); § 10(1)(ii)(a)(14) and § 22 to supercede any inconsistent authority. In particular, this local law supersedes Town Law § 276, Town Law § 278, and Southold Town Code §§§ A106-21, Al06-22,Al06-23 and Al06-24, which require that the planning board act upon, hold hearings on, and make decisions concerning subdivision applications (including,but not limited to, sketch plans,preliminary and final subdivision plats)within specified time periods. This local law suspends and stays the running of time periods for processing, acting upon, holding hearings on,making decisions and taking action on such subdivision applications (including,but not limited to, sketch plans, preliminary and final subdivision plats)provided for in those laws. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§§§ 267, 267-a, 267-b, 267-c or 282 relating to the authority to grant variances, waivers or other relief from this Local Law, this Local Law is intended to supersede and amend any said inconsistent authority. And, to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law § 274-a and the provisions and requirements set forth in Article XXV of the Southold Town Code,which require that the Planning Board process,review,Bold hearings on, and act upon applications for site plans within specified time periods, this local law suspends and stays the running of time periods for processing, review, holding hearings on, making decisions, and taking action on such applications provided for in those laws and is intended to supersede and amend any said inconsistent authority. And to the extent and degree any provisions of this Local Law are construed as being inconsistent with the provisions of Town Law §§ 267-a and 274-b and the provisions of Article XXVI of the Southold Town Code,which require that the Zoning Board of Appeals act upon applications for special exception use permits within specified time periods, this local law suspends and stays the running of time periods for processing,reviewing, holding hearings on and making decisions on such applications provided for in those laws and is intended to supercede and said inconsistent authority. Section 6. APPEAL PROCEDURES a. The Town Board shall have the authority to vary or waive the application of any provision of this Local Law, in its legislative discretion, upon its determination, that such variance or waiver is required to alleviate an extraordinary hardship affecting a parcel of - property. To grant such request, the Town Board must find that a variance or waiver will not adversely effect the purpose of this local law, the health, safety or welfare of the Town of Southold or any comprehensive planning being undertaken in the Town. The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of - the variance or waiver on the water supply, agricultural lands, open and recreational space, rural character,natural resources, and transportation infrastructure of the Town. The application must comply with all other applicable provisions of the Southold Town Code. b. Any request for a variance or waiver shall be filed with the Town Clerk and shall include a fee of two hundred fifty($250.00) dollars for the processing of such application, along with copies of such plat showing all required improvements in accordance with the procedures of §A106-25, § A106-27 and Articles III and IV of Chapter A106 of the Southold Town Code. C. All such applications shall,within five (5) days be referred to the Planning Board, which shall have thirty(30) days following receipt to make a recommendation to approve or disapprove a variance or waiver of this Local Law. The application and recommendation shall be transmitted to the Town Board which may conduct a public hearing and make a final decision on the application, with or without conditions. Final approval is reserved to the absolute legislative discretion of the Town Board Section 7. SEVERABILITY If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law.as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 8. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. a Elizabeth A. Neville Southold Town Clerk J — "FP EY T. . .B UTLE R, .--. E. P.O. Box 634 SHOREHAM, NEW YORK 1 1 7B6 (63 1 ) BZ 1 -8850 MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS LICENSED PROFESSIONAL ENGINEER TRANSMITTAL July 24, 2002 Mark Terry Town of Southold P.O. Box 1179 Town Hall Southold, NY 11971 Hand Delivered Re: Proposed Minor Subdivision Old Orchard at Cutchogue (Manzi Homes) SCTM#1000-109-06-9.1 Enclosed please find the following for your review: • Revised water supply narrative (private water) Thank you for your attention to this, Jeffrey T. Butler, P.E. r AUG 08 2002 uftfd Town pfafifi f guard FFREY T. BUTLER, .=-3. E. 20 OVERHILL RD. SHOREHAM, NEW YORK 1 1 786 63 1 -BZ 1 -BB50 LICENSED PROFESSIONAL ENGINEER MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS July 24, 2002 Town of Southold Planning Board Hand Delivered Re: Manzi Homes Old Orchard at Cutchogue SCTM#1000-109-06-009.001 Attachment to EAF Dear Sirs: Competition of Environmental Assessment Form, Section D (Water Supply Narrative) Please refer to attached sheet attached, Section D 1. The existing site use is vacant. Proposed use is 4 residential dwelling units each with a sanitary system with a flow of 300 GPD 2. Water source is proposed to be private wells with the agreement that when public water becomes available to the property, hook-up will take place. Currently,public water supply is in the street in front of the property, but hook-up is not available through the water supply. 3. Public water is not available 4. Private water is proposed with a supply of greater than 5 ft/sec @ 60 psi for each dwelling unit. SCDHS is currently reviewing the application 5. Proposed water conservation measures include,but are not limited to: • The use of drought tolerant plants for landscaping • The preservation of existing native vegetative buffers (note clearing limits on map) • The implementation of natural storm water management practices Sincerely, aifrey T. er, P.E. D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow,water use. 2. Indicate the source of water supply,nearest public water main, nearest public well field, and adjacent private wells(if known). 3,_ If public water supply_is proposed_indicate the ability of the water utility to_provide water supply_to the project. Provide letter of water availability or detailed explanation of status of review by water utility. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. 5.. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include,but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of"natural" stormwater management practices (grass swales, filter strips, created wetlands, etc...). E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name JZ6 460-r L leti Date -7 —0 V—LU 2-- Signature Title EdL6,� If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 I PLANNING BOARD MEMBERS -P.O.Box 1179 BENNETT ORLOWSKI,JR. Chairman C Town Hall, 53095 State Route 25 Co Z Southold,New York 11971-0959 RICHARD CAGGIANO Telephone(631) 765-1938 WILLIAM J.CREMERS �,iL O�� Fax(631) 765-3136 KENNETH L.EDWARDS '�/ 1 �a MARTIN SIDOR,JR. August 20,2002 PLANNING BOARD OFFICE Jeffrey Butler,P.E. TOWN OF SOUTHOLD PO Box 634 Shoreham,NY 11786 Re: Town of Southold Moratorium Major and Minor Subdivisions Minor Old Orchard at Cutchogue SCTM# 1000-100-6-9.1 Minor Oregon Landing SCTM# 1000-83-2-9.1 Dear Mr.Butler: As you are the agent for the above applications please be advised that a Local Law was adopted at the regular meeting of the Southold Town Board on August 13,2002 entitled "Local Law to a Temporary Moratorium on Processing,Review of,and making decisions on applications for Major Subdivisions,Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold". The Local Law Number 3.2002 is attached. The Local Law states that the Planning Board Office"shall not accept,review continue review, hold hearing or make any decision upon any application for a subdivision,whether that subdivision application was submitted prior to or after the effective date of this law"for a duration of six months beginning August 13,2002. The above applications are covered by the moratorium. If you have any questions please do not hesitate to contact my office at 631-765- 1938. Sincerely, Bennett Orlowski Jr. Chairman Enc. Cc: Joshua Y.Horton, Supervisor Town Board Planning Board Greg Yakaboski,Town Attorney Kathleen Murphy,Assistant Town Attorney /J�r J — _ FREY T. BUTLER, _ , iE. P.O. Box 634 SHoREHAM, NEW YORK 1 1 786 (63 1 ) BZ 1 -8850 MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS LICENSED PROFESSIONAL ENGINEER TRANSMITTAL July 12, 2002 Mark Terry Town of Southold P.O. Box 1179 Town Hall Southold, NY 11971 Hand Delivered Re: Proposed Minor Subdivision Old Orchard at Cutchogue (Manzi Homes) SCTM#1000-109-06-9.1 Enclosed please find the following for your review: Persuant to your letter dated June 28, 2002 regarding the above referenced application, attached please find: • Four additional maps • A check for $750.00 for environmental review Thank you for your attention to this, JUL 16 2002 Jeffrey T. Butler, P.E. Southold Town PLANNING BOARD MEMBERS ®`QSVFFO��'CO BENNETT ORLOWSKI,JR. G.y P.O. Box 1179 Chairman o d Town Hall, 53095 State Route 25 WILLIAM J. CREMERS 00 Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. ®ij�0 ®�� Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 2, 2002 Mr. Charles Voorhis Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Re: Review of EAF for Old Orchard at Cutchogue SCTM#1000-109-6-9.2 Dear Mr. Voorhis: The Southold Town Planning Board hereby refers the Long Environmental Assessment Form for the above-mentioned subdivision to your office for review. Also enclosed are: 1. A map dated June 18, 2001 2. A Planning Board resolution letter dated May 14, 2002 The Planning Board started the lead agency coordination process on May 14, 2002. The Planning Board will not act on the proposed map until the review is complete and all impacts are considered. The Board will make their SEQRA determination at a future public meeting. The purchase order will be sent to you under separate cover. Please contact this office if there are any questions regarding the above. Sincerely, Mark T Sen' vir mental Planner Enc. PART 1—PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant e on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consi( as part of the application for approval and may be subject to further verification and public review. Provide any addit information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not in new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and sr each instance. NAME OF ACTION 7-- LOCATION OF ACTION(Include Street Add ss, Municipality and County) / �/d Lt/ ✓� Cei /V t7 BUSINESS TELEPHONE NAME OF APPLICANTISPONSOR ADDRESS STATE ZIP CODE CITYfPO l f BUSINESS TELE NAME OF OWNER Of dlfferenl) TELEPHONE 6©�( J. J!/'�i/Y2 //L�c,C1��GJCiPJL• A�--�-�% . '>( tb ) 77 -/G?3 ADDRESS CITY/PO STATE`l . ZIP CODE DESCRIPT ON OF ACTION / 7 0 iNe> Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: OUrban ❑Industrial ❑Commercial esidential(suburban) ❑Rural(noi OForest OAgriculture . OOther 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLET Meadow or Brushland (Non-agricultural) acres Forested 3-a acres �- 1 Agricultural (Includes orchards, cropland, pasture, etc.) acres ' Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres ' Water Surface Area acres Unvegetated (Rock, earth or fill) acres Roads, buildings and other paved surfaces acres Other (Indicate type) acres y 3. What is predominant soil type(s) on project site? a P •tea�� �iC/�/� �` ��-A ��7� a. Soil drainage: OWell drained IbQ % of site ❑Moderately well drained % of sit ❑Poorly drained % of site. b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? Oyes L�fQ6 a. What is depth to bedrock? (in feet) 2 r- i S. Approximate percentage of proposed project site with slopes: L -0-10% /00 % D10-15% 015% or greater 6. Is project substantially contiguous to, or con n a building, site, or district, listed on the State or the Nation, Registers of Historic Places? DYes O'n0 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? DYes 8. What is the depth of the water table? t �7 / (in feet) 9. Is site located over a primary, principal, or sole source aquifer? C es DNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes 21:1,0 11. Does project site contain any species of plant. or animal life that is identified as threatened or endangerec DYes Lh o According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs; dunes, other geological formation �o DYes i Describe 1.3. Is the project site P ssently used by the community or neighborhood as an open space or recreation are< Dyes QNo If yes, explain 14. Does the present site ' clude scenic views known to be important to .the community? DYes eflo 15. Streams within or'contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. -Name b. Size (In acres) 17. Is the'site served by existing public utilities? GurPes ❑No a) If Yes, does sufficient capacity exist to allow connection? es DNo b) If..Yes, will improvements• be necessary to allow connection? DYes L No 18. Is the site located in an agricultural dam• trict certified ,pursuant to Agriculture and Markets Law, Article 25-Ai Section 303 and 304? ❑Yes C3No 19. Is the site located in or substantially contiguous tt Critical Environmental Area designated pursuant to Article I of the ECL, and 6 NYCRR 617? DYes CNNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? DYes 0`No B. Project Description 1.. Physical dimensions and scale.of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project-sponsor 6/9 acres. b. Project acreage to be developed: acres initially; Y /2 acres ultimately. c. Project acreage to remain undeveloped 0 acres: d. Length of.project, in miles: (If appropriate) e. -If the project is an expansion, indicate percent of expansion proposed %; f• Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour (upon completion of'project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 0 Ultimately C2 r 1. Dimensions (in feet) of largest proposed structure height; 7S width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 . r 2. How much natural material (i.e.,.rock, earth, etc.) will be removed from the site? tons/cubic yard 3.. Will disturbed areas be reclaimed? ' es ONo ON/A a. If yes, for what intended purpose is the site being reclaimed? �/I A',6`5 [ AIC-2,1A. b. Will topsoil be stockpiled for reclamation? es PNo c. Will upper subsoil be stockpiled for reclamation? O es ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? S. Will any mature Best (over 100 years old) or other locally-important vegetation be removed by this project? Oyes I�'No 6. If single phase project: Anticipated period of construction Sr months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolitio c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ONo 8. Will blasting occur during construction? Dyes 21V0 9. Number-of jobs generated: during construction 6 ; after project is complete 10. Number of jobs eliminated by this project � 11. Will project require relocation of any projects or facilities? Dyes 11wo If yes, explain 12. 'Is surface liquid waste disposal involved? Oyes 2<0 - --.--. a.. If yes, indicate type of waste (sewage,. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? RKe s ONo Type 14. Will surface area of an existing water body increase or decrease by proposal? Oyes Imo Explain 15. Is project or any portion of project located in a 100 year flood plain? Dyes 0f� 16. Will the project generate solid waste? Dyes. C to a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Oyes ONo c. If yes,.give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Oyes ❑No e. If Yes, explain .17. Will the project involve the disposal of solid waste? ❑Yes BKO a. If yes, what is the anticipated rate of disposal? tonstmonth. b. If yes, what is the anticipated site life? Years. 18.' Will project use herbicides or pesticides? Oyes 211-0 19. Will project routinely produce odors (more than one hour per day)? Dyes o 20. Will project produce operating noise exceeding the local ambient noise levels? Oyes L ro 21. Will project result in an increase in energy use? MYe DONo If yes., indicate type(s) 22. If water supply is from wells, indicate pumping capacity. /21//�'r gallons/minute. 23. Total anticipated water usage per day l d-€ 6 gallons/day. 24. Does project involve Local, State or Federal funding? ❑Yes fttCo If Yes, explain 4 25. Approvals Required: Submitt Type Dale City, Town, Village Board Yes ❑No -5c'.13,o%d'S%e,,y City, Town, Village Planning Board Des ❑No S tz P�. V/V City, Town Zoning Board 0 es ❑No >t✓3�1✓a�C�r� City, County Health Department l6s ONo }_ Other Local Agencies OYes Iflo Other Regional Agencies OYes DKo State Agencies OYes �lo Federal Agencies OYes EJt4o C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? 21es' ❑No If Yes, indicate decision required: � Ozoning amendment Ozoning variance ❑special use permit 2<ubdivisioh Osite plan Onew/revision 'of master plan Elresource management plan Oother 2. What is .the zoning classification(s)of the site? r2- 3. What is the maximum potential development of the site if developed as.permitted by the present zoning? eo 44 What is the proposed zoning of.the.site? •��-�� �� /0 S. What is the maximum potential development of the site if developed as permitted by the proposed zoning? ! G D 7`6 - 6. Is.the proposed action consistent with the recommended uses in adopted local land use plans? es 7. What are the predominant land use(s) and zoning classifications within a 1/ mile radius of proposed action? 0��'S,oe�ll��i3� l e,r'.•r� �o��?d,P_�slffiZ, �,�E--�-.Q�� 8. Is the proposed action compatible with adjoininglsurrounding land uses within a 1/ mile? es 9. If the proposed action is the subdivision of land; flow many lots are proposed?. - a. What is the minimum lot size proposed? �. y� O��•v. �i 10. Will proposed action require any authorization(s)for the formation of sewer or water districts? ❑Yes 11 . Will the .proposed actigy�reate a demand-for any community provided services (recreation, education, p, fire protection)? ( 'Yes ONo .a.. If yes, is existing capacity sufficient to handle projected demand? &res DNo 12. Will the.proposed action result in the generation of traffic significantly above present levels? ❑Yes' a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any ad impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitig; avoid them. E. Verification certify that the information provided above is true to the best of my knowledge. Applicant/Spo sor Name E' �2 r--z, .- Date — Signature Title If the actl In the Coastal Area,and you are a state agency, complete the Coastal Assessment Form before proce with this assessment. 5 PLAb+NING BOARD MEN �—"- BENNETT ORLOWSKI,JR. OSUFK4 P.O. Box 1179 Chairman ��. Q� Town Hall, 53095 State Route 25 WILLIAM J. CREMERS =� 'y� Southold, New York 11971-0959 KENNETH L. EDWARDS C Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. W Fax (631) 765-3136 RICIIARD CAGGI_ANO O� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2002 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, New York, 11786 RE: Proposed Minor Subdivision Old Orchard at Cutchogue Located west of New Suffolk Road, directly north of Cedar's Road in Cutchogue SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, May 13, 2002, adopted the following resolutions: WHEREAS, the applicant proposes a 4 lot subdivision on 4.619 acres, located within the R-40 Zoning District, in Cutchogue; and WHEREAS, Lot 1 equals 1.55 acres; Lot 2, .98 acres; Lot 3, .92 acres and Lot 4, .97 acres; be it therefore RESOLVED, that the Southold Town Planning Board start the SEAR lead agency coordination process for this unlisted action; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps, dated June 6, 2001, with the following conditions: 1. Label the lines demarking the limits of clearing as "Limits of Clearing" on the map. 2. Revise the map scale from 1"=60' to 1" =100' as required by the Planning Board and Office of the County Clerk. 3. Label building envelopes as "Building Envelopes" on the map. 4. Show the name of the person that drilled the test hole and date of the drilling on the map. Old Orchard at Cutchogue — Page Two — 5/14/02 Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $20,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. The sketch plans have been referred to the Cutchogue Fire Department for review and comment. If you have any questions please do not hesitate to call my office at 631-765-1938. Very truly yours, P ennett Orlowski, Jr. Chairman COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES CLARE B.BRADLEY,M.D.,M.P.H. COMMISSIONER June 28, 2002 Mark Terry, Senior Environmental Planner Southold Planning Department ► ✓ . `� �✓^� .; �_ i( } P.O. Box 1179 �, u Southold,New York, 11971-1938 � J, JUL 05 ZoC_, RE: Old Orchard at Cutchogue SCTM# 1000-109-06-9.1,5.3,5.6,5.7 Southold Town nod. Dear Mr. Terry: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter concerning the above-referenced project. The Department has no objection to the Southold Planning Board assuming lead agency status. Based on a review of the subject coordination,the Department offers the following comments. ,.However,the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has received an application for the above referenced project on January 14, 2002 HD Ref, S 10-02-002 as required by Article VI of the Suffolk County Sanitary Code. The application was deemed incomplete by the Division of Wastewater Management pending the submission of additional technical information including: • Witnessed Test Hole Data • Neighboring Wells and Septic Systems within 150' • Water Availability letter from the local purveyor •. : Revised Subdivision Maps Although public water is available for proposed lots#2 and#3,the subdivision maps ♦DIVISION OF ENVIRONMENTAL QUALITY♦OFFICE OF ECOLOGY RIVERHEAD COUNTY CENTER RIVERHEAD NY 11901-3397 Phonc(631)852-2077 Fax(631)852-2743 should indicate the water lines for lot#4. The maps should indicate if there will be an easement or other means to connect to public water. The applicants must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. B. SCDHS Jurisdiction The 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. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. 2. Natural Resources: A. The SCDHS fully supports all efforts to maximize protection of natural resources, which may be impacted upon by construction and development activities.It is the position of the department that the SEQRA review process provides the greatest opportunity for comprehensive consideration of these resources, and those all-practicable planning measures should be employed to help ensure their protection. In general, the department encourages the following land use measures be considered (where appropriate)to actions being reviewed pursuant to SEQRA: Maximum practicable confinement of development to areas with slopes of less than 10%. ■ Maximum use of native species for landscaping purposes. ■ Minimal use of fertilizer-dependent turf and landscaping. ■ Employment of stormwater runoff control measures necessary to maintain runoff on-site. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-2741. Sincerely, Kim erly Shaw,Principal Environmental Analyst KS/amf PC: Walter Dawydiak;_P.E. Stephen Costa, P.E. PLANNING BOARD MEMBERS Q$UFFOJ/( BENNETT ORLOWSKI,JR. ���' �G P.O. Box 1179 Chairman 'f� Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y '` Southold, New York 11971-0959 KENNETH L.EDWARDS v Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 28, 2002 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, New York, 11786 RE: Proposed Minor Subdivision Old Orchard at Cutchogue Located west of New Suffolk Road, directly north of Cedar's Road in Cutchogue SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: On further review of the above referenced application, the following items are needed or are outstanding: 1. Four additional maps. 2. A response to Section D. Informational Details and Water Supply Narrative Request sent on February 5, 2002. 3. A fee in the amount of$750.00 in order for the Town's Environmental Consultant to conduct a thorough environmental review of the application. A SEQR determination will not be issued until the Town's Consultant reviews the project. If you have any questions please do not hesitate to call the office at 631-765- 1938. Very truly yours, Mark erry. Se for En 'r ental Planner J�'kCEL510M1 State of New York Department of Transportation State Office Building 250 Veterans Memorial Highway Hauppauge, NY 11788-5518 Thomas F. Oelerich, P.E. Joseph H. Boardman Acting Regional Director Commissioner June 24, 2002 Mr. Mark Terry Senior Environmental Planner Town of Southold Planning Board P.O. Box 1179; Town Hall 53095 State Route 25 Southold,New York 11971-0959 Re: Old Orchard At Cutchogue SCTM# 1000 - 109 - 6 - 9.1 South of Route 25, Cutchogue Dear Mr. Terry: We have reviewed the Lead Agency Coordination Request and the Environmental Assessment Form pertaining to the proposed residential subdivision. We agree that the Southold Planning Board should assume lead agency status. Thank you for advising us of this proposal. Very truly yours, MICHAEL J. GEIGER,P.E. Planning&Program Management PLAT 'NING BOARD MEMBI BENNETT ORLOWSKI,JR. O�OSUFFO(�C P.O.Box 1179 Chairman QG Town Hall, 53095 State Route 25 WILLIAM J.CREMERS j� y� Southold, New York 11971-0959 KENNETH L.EDWARDS O - Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. * Fax(631) 765-3136 RICHARD CAGGNO IA iO PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2002 Mr. Jeffrey Butler P.E. P.O. Box 634 Shoreham, New York, 11786 RE: Proposed Minor Subdivision Old Orchard at Cutchogue Located west of New Suffolk Road, directly north of Cedar's Road in Cutchogue SCTM#1000-109-06-9.1 Zone: R-40 Dear Mr. Butler: The Southold Town Planning Board, at a meeting held on Monday, May 13, 2002, adopted the following resolutions: WHEREAS, the applicant proposes a 4 lot subdivision on 4.619 acres, located within the R-40 Zoning District, in Cutchogue; and WHEREAS, Lot 1 equals 1.55 acres; Lot 2, .98 acres; Lot 3, .92 acres and Lot 4, .97 acres; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this unlisted action; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps, dated June 6, 2001, with the following conditions: 1. Label the lines demarking the limits of clearing as "Limits of Clearing" on the map. 2. Revise the map scale from 1"=60' to 1" =100' as required by the Planning Board and Office of the County Clerk. 3. Label building envelopes as "Building Envelopes" on the map. 4. Show the name of the person that drilled the test hole and date of the drilling on the map. Old Orchard at Cutchogue — Page Two — 5/14/02 Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $20,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. The sketch plans have been referred to the Cutchogue Fire Department for review and comment. If you have any questions please do not hesitate to call my office at 631-765-1938. Very truly yours, P ennett Orlowski, Jr. Chairman PLANNING BOARD MEMBEL'—' O���tsf F01��® Box 1179 BENNETT ORLOWSKI,JR. h.Z. Gy P.O Chairman Town Hall, 53095 State Route 25 cz WILLIAM J.CREMERS y Z Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. ifi �� Fax(631) 765-3136 RICHARD CAGGLANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 14, 2002 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: Old Orchard At Cutchogue SCTM# 1000-109-06-9.1 Requested Action: The proposal is to subdivide a 4.169 acre lot into 4 lots in the R-40 Zoning District. Lot 1 equals 1.55 acres; Lot 2, .98 acres; Lot 3, .92 acres and Lot 4, .97 acres. The property is located in the hamlet of Cutchogue in the Town of Southold. SEQRA Classification: ( ) Type I (X) Unlisted Contact Person: Mark Terry, Senior Environmental Planner (631) 765-1938 x 243 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ( X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. truly yours, rett Or owski, Jr.man cc: •Board of Appeals -A Board of Trustees Building Department Southold Town Board *Suffolk County Department of Health Services *NYSDEC - Stony Brook ✓ New York State Department of Transportation Suffolk County Water Authority *Maps are enclosed for your review PART 1-PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant e on the enviro-invent. Please complete the entire form, Parts A through E. Answers to these questions will be Consid as part of the application for approval and may be subject to further verification and public review. Provide any additi information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not im new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and sp each instance. NAME OF ACTION 64o bg ew.4 7— �� ✓� Zip LOCAATION OF ACTION(Include Street Add Ss,Munlclpallty and County) NAME OF APPLICANTISPONSOR pp TBUSINESS TELEPHONE ADORESS f-b ,. ,g©e. 6 STATE ZIP CODE CITyrPO IVY 1,1706 NAME OF OWNER pf differenu / / BUSINESS TELEPHONE IraGAP�� T 3! 4 (6 ) ADDRESS CCIYlPO STATE ZIP CODE X 0 Pa. OESCRIPT ON OF ACTION ; s�,��r�t sip r✓ Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project,both developed dnd undeveloped areas. 1. Present land use: 00rban ❑Industrial OCommercial esidential(suburban) ORural(non ❑Forest OAgriculture . OOther 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER OMPLETI Meadow or Brushland (Non-agricultural) acres a Forested 3�a acres • I a Agricultural (Includes orchards, cropland, pasture, etc.) acres a Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres a Water Surface Area acres a Unvegetated (Rock, earth or fill) acres a Roads, buildings and other paved surfaces acres Other (Indicate type) 2Aivos4AO44` acres 3. What is predominant soil type(s) on project.sitei11 '° •��iz- • �A ® te 'e'� `�r2' a. Soil drainage- OWell drained oa % of site OModerately well drained % of site ❑Poorly drained _. % of site b. if any agricultural land I's involved,'how many acres of soil are classified within soil.group 1 through 4 of I Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes [ tb a. What is depth to bedrock_? (in feet) 2 S. Approximate percentage of proposed project site with slopes: l"Tp-1p% /60 % 010-15% ___o, -0150/0 or greater % 6. Is project substantially contiguous to, or con in a building, site, or district, listed .on the State' or the Nationa Registers of Historic Places? OYes CK4 o 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes wry' 8. What is the depth of the water table? (in'feet) 9. Is site located over a primary, principal, or sole source aquifer? es ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes (J1�lo 11. Does project site�co.nntain any species of plant. or animal life that is identified as threatened or endangered OYes ld'No According to Identify each species 1.2. Are there any unique or unusual land forms on the project site? (i.e., cliffs; dunes, other geological formations OYes l<o Describe 13. Is the project site > sently used by the community or neighborhood as an open space or recreation area OYes LdNo If yes, explain 14. Does the present sit eclude scenic views known to be important to.the community? OYes Caflo 15.-Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? Byes ONo a) If Yes, does sufficient capacity exist to allow connection? Ofes ONo b) ICYes, will improvements.be necessary to allow connection? OYes ;101 18. Is the site located in an agricultural district certified,pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? OYes L3No -19. Is the site located in or substantially contiguous tt Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes (ENO 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes ONo B. Project Description 1.. Physical dimensions and scale.of project(fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor 4`-6/2 acres. b. Project acreage to be developed: acres initially; Y- 4/2-.acres ultimately. c. Project acreage to-remain undeveloped O acres: d. Length of.project, in miles: If appropriate) e. -if the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ;.proposed g. Maximum vehicular trips generated per hour • (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially to 0 Ultimately `� A i, Dlmensions (in feet) of largest proposed structure height; 7S width; VIE" length. J. Linear feet of frontage along a public thoroughfare project will occupy is? '%SZO ft. 3 2. How much natural material (Le.,.rock, earth, etc.) will .be removed trom the site? tons/cubic yard 3. Will disturbed areas be reclaimed? O es ONo ❑NIA a. If yes, for what intended purpose is the site being reclaimed? ZA AvV:5 P1,174 b. Will topsoil be stockpiled for reclamation? es �No c. Will upper subsoil be stockpiled for reclamation? C7Yes ❑No acres. 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? 5. Will any mature fprest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes o y- 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolitioi c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ONo 8. Will blasting occur during construction? Oyes 2NO " S. Number of jobs generated: during construction 6 ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Oyes 'If yes, explain 12. -Is surface liquid waste disposal involved? Oyes efNb --—•-- a.. If yes, indicate type of waste (sewage,. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? - 9 es .ONo Type 14. Will surface area of an existing water body increase or decrease by proposal? Oyes o Explain . 15. Is project or any portion of project located in a 100 year flood plain? ❑Yes 9<0 16. Will the project generate solid waste? Dyes 1,90 a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? Oyes ONo c. If yes,.give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONo, e. If Yes, explain .17. Will the project involve the.disposal of solid waste? Dyes . BNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? ��years. O 18.' Will project use herbicides or pesticides? Oyes Nea�o 19. Will project routinely produce odors (more than one hour per day)? Dyes 2110 20. Will project produce.operating noise exceeding the local ambientnoise levels? Dyes Cho C� 21. Will project result in an increase in energy.use? Kes ONo If yes., indicate type(s) �a -A Ile ll 22. if water supply Is from wells, indicate pumping capacity. A-'/A- gallons/minute. 23. Total anticipated water usage per day a- 6 gallons/day. 24. Does project involve Local, State or Federal funding? Dyes IctQo If Yes, explain 4 '. 25. Approvals Required: Submitt. Type Date City, Town, Village Board 6eyes ❑No City, Town, Village Planning Board lfes ONo r A_'Gn/ City, Town Zoning Board GKes ONo . ���Qf✓es�rJ City, County Health Department 13res ONo 5A-'v Ir Other Local Agencies Oyes 'lao Other Regional Agencies OYes LKo State Agencies OYes L7No Federal Agencies ❑Yes E>� o C. Zoning and Planning Information 1_ Does'proposed action involve a planning or zoning decision? Res ❑No If Yes,-indicate decision required: � Ozoning amendment Ozoning variance Ospecial use permit Wubdivision Osite plan Onew/revision of master plan Oresource management plan Oother 2. What is .the zoning classification(s)of the site? /2 '&/® 3. What its/the maximum potential development of the site if developed as.permitted by the present zoning? 4: -,What is the proposed zoning of.the.site? 5. Mhat is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. AsAhe proposed action consistent with the recommended uses in adopted local land use plans? es I 7:: What'are the predominant land use(i) and zoning classifications within a 1/ mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? es I 9. If the proposed action is the subdivision of land,-how many lots are proposed?. a. What Is the minimum lot size proposed? - _ Yo, o��.a S0 r-i� 10. Will proposed action require any authorization(s)for the formation of sewer or water.districts? ❑Yes - I 11. Will the .proposed actioncreate a demand-for any community-provided services (recreation, education, pc fire protection)?' l3fes ONo A.. If yes, is existing capacity sufficient to handle projected demand? &fes ONo 12. Will the:proposed action result in the generation of traffic significantly above present levels? OYes* E a. If yes, is the existing road network adequate to handle the additional traffic? Oyes ONo D. Informational Details Attach any additional information as may be needed,to clarify your project. If there are or may be any ads impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitiga avoid them. E. Verification certify that the information provided above is true to the bestof my knowledge. Applicant/Spo sor Name %- Date Signature Title 6✓y6-✓ �'� — If the acts in the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before procei with this assessment. . 5 - �ltit� COUNTY OF SUFFOLK ROBERT J.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS June 18, 2002 CHARLES J.BARTHA,P.E. COMMISSIONER Town of Southold Planning Board Office P. O. Box 1179 Southold,NY 11971-0959 Gentlemen: Re: Old Orchard @ Cutchogue SCTM#1000-109-06-9.1 This Department has reviewed the above-referenced site plan. Specifically note that: This Department has no objection to the Town assuming lead agency status for this proposed development. Since this proposed development is not adjacent to a County maintained road or a road proposed for improvements by the County, a permit will not be required from this Department. If you have any questions,kindly contact this office at 852-4100. Very truly yours, William S. Shannon,P.E. Chief Engineer By: M.Paul Campagn a /� /�]jj��„ Permits Engineer WSS/N C/ V K/lll SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (631)852-401 O 335 YAPHANK AVENUE 0 YAPHANK,N.Y. 11980 ■ FAX(631)852-4150 PLANNING BOARD MEMBERS DSO C� BENNETT ORLOWSKI,JR. h� Gy P.O.Box 1179 Chairman o= Town Hall, 53095 State Route 25 WILLIAM J.CREMERS y = Southold,New York 11971-0959 KENNETH L.EDWARDS Q Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax(631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 5, 2002 Jeffrey Butler,P.E. PO Box 634 Shoreham,New York 11786 Re: Old Orchard at Cutchogue SCTM# 1000-109-06-009.001 Completion of Revised Environmental Assessment Form Section D. Informational Details and Water Supply Narrative Dear Mr. Butler: Water supply and quality within the Town of Southold is a serious community issue. Public water supply, although provided by the Suffolk County Water Authority, is determined through the current and projected use of the community. To date,the supply does not meet the demand, however,water use is controlled by an individuals' actions and can often be mitigated through numerous water conservation measures implemented during the planning process. Water quality is very difficult to control. Although point source pollution can usually be traced to its origin,non-point source pollution is boundless and one of the largest threats to local environmental and community health. Non-point source pollution has been identified as the primary cause of water quality degradation in more than 90 percent of New York State's impaired water bodies. In the Town of Southold, localized well and surface water contamination already exists. Consequently,the Town of Southold Planning Board in cooperation with the Suffolk County Water Authority now requires the completion and submittal of the attached Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative as part of the SEQR review process. Until a completed Environmental Assessment Form, Section D. Informational Details and Water Supply Narrative is submitted, applications will be considered incomplete and the SEQR review will not proceed. Sincerely, Bennett Orlowski Jr. Chairman Enclosure D. INFORMATIONAL DETAILS AND WATER SUPPLY NARRATIVE REQUEST Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. 1. Provide explanation of existing site use, occupancy, structures, sanitary flow, water use; compare to proposed use, occupancy, structures, sanitary flow,water use. 2. Indicate the source of water supply,nearest public water main, nearest public well field, and adjacent private wells (if known). _._._3.__If publc.._water..cupply_is..proposed indicate the_ability_of the water.utility to provide water supply to. the project. Provide letter of water availability or detailed explanation of status of review by water utility. 4. If private water supply is proposed, indicate the well specifications, water quality based on on-site water quality data. Provide Suffolk County Department of Health Services approval or detailed explanation of status of review by agency. 5.. Indicate proposed water conservation measures that will mitigate for unavoidable adverse impacts (If any). Conservation measures should include,but not be limited to: a. The use of drought tolerant plants for landscaping. b. The preservation of existing native vegetative buffers. c. The conservation of existing open space areas. d. The implementation of"natural" stormwater management practices (grass swales, filter strips,created wetlands, etc...). 4 E. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Date Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 6 Jeffrey T. Butler, P.E. P.O. Box 634 Shoreham, New York 11786 GS 631-821-8850 Licensed Professional Engineer Member National Society Of Professional Engineers November 19, 2001 Town of Southold Planning Department $300® Re: Old Orchard at Cutchogue l'n �fu�►-12� Dear Sirs: Attached please find for your review the following items related to the above referenced application: Completed Subdivision Application Form Part 1 EAF Authorization Letter from owners Copy of Property Deed Transactional Disclosure Form Application Fee of$3,000.00 8 copies of Sketch Plan for proposed 4-lot subdivision If you should have any questions, please do not hesitate to call me at 631-821-8850 Sincerely, C)effrevy T. Butler, P.E. -mot W, Southold Town Planning Board A STAGE 1 ARCHAEOLOGICAL SURVEY for the proposed OLD ORCHARD AT CUTCHOGUE SUBDIVISION CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK Prepared by: David J. Bernstein,Ph.D. Allison J. Manfra David Franz,M.S. The Institute for Long Island Archaeology Department of Anthropology State University of New York at Stony Brook Stony Brook,New York 11794-4364 May 2005 ABSTRACT This report presents the results of a Stage 1 archaeological survey undertaken for the proposed Old Orchard at Cutchogue subdivision in the hamlet of Cutchogue, Town of Southold, Suffolk County,New York. This assessment was performed by the Institute for Long Island Archaeology at the State University of New York at Stony Brook. The purpose of this study is to determine if proposed subdivision and residential construction will adversely impact historic and/or prehistoric remains. This required archival research and an archaeological survey with subsurface testing. Archival research(including a survey of historic maps and site file searches) suggests that the project area was agricultural land throughout the nineteenth and into the twentieth centuries, and has a moderate sensitivity for the presence of prehistoric sites. A total of 41 shovel test pits was excavated in the project area in May 2005. In addition, 49 shovel test pits were excavated in the northern portion of the project area by the Institute for Long Island Archaeology in 1995 in advance of proposed construction of a recharge basin. Combined,the 1995 and 2005 archaeological surveys resulted in the excavation of 90 shovel test pits in the project area. No prehistoric artifacts or features were encountered. Three abandoned farm outbuildings and/or foundations dating to the nineteenth through the mid-twentieth centuries were identified in the northern portion of the project area: Following the 1995 survey,the remains of the farm outbuildings were determined not to be eligible for listing on the National Register of Historic Places by the New York State Office of Parks, Recreation, and Historic Preservation. A light density of Euro-American cultural material (including bottle and window glass, pearlware and stoneware ceramics, a ceramic button,brick, square cut nails, shell, coal and slag) dating to the nineteenth through the mid-twentieth centuries was encountered in nine shovel test pits during subsurface testing in 1995 and 2005. This material is probably the result of sporadic dumping of refuse and subsequent dispersal by trampling and/or plowing, and as such, has virtually no potential for contributing to our understanding of past activities in Cutchogue. No further archaeological investigations are recommended. ii TABLE OF CONTENTS ABSTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LIST OF FIGURES,PLATES,AND TABLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARCHIVAL RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 INTRODUCTION AND METHOD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 NATURAL AND CULTURAL HISTORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Environmental Setting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Prehistoric Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Historic Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ARCHAEOLOGICAL RESEARCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 FIELD INSPECTION AND SURFACE SURVEY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SUBSURFACE TESTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Results . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CONCLUSIONS AND RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 INTRODUCTION TO APPENDICES A AND B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 APPENDIX A: 1995 Shovel Test Pit Excavation Inventory . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 APPENDIX B: 2005 Shovel Test Pit Excavation Inventory . . . . . . . . . . . . . . . . . . . . . . . . ... . . 32 APPENDIX C:New York State Inventory Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 iii LIST OF FIGURES, PLATES,AND TABLE Figure 1. Map of Long Island showing the location of the project area . . . . . . . . . . . . . . . . 3 Figure 2. 1956 USGS topographic map,Southold, New York, 7.5 minute series showing the location of the project area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Figure 3. Archaeological investigation of the Old Orchard property . . . . . . . . . . . . . . . . . . 5 Figure 4. 1797 Moore's Survey of the Town of Southold . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Figure 5. 1858 Chace Map of Suffolk County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Figure 6. 1873 Beers Atlas of Long Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Figure 7. 1904 USGS topographic map,Shelter Island, New York, 15 minute series . . . . 19 Figure 8. 1929 Dolph and Stewart Atlas of Suffolk County, New York . . . . . . . . . . . . . . . . 20 Plate 1. Looking west at dense vegetation in Lot 1 of the Old Orchard property . . . . . . . . 8 Plate 2. Looking west at abandoned nineteenth century sheep barn in the northern portion of the Old Orchard property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Plate 3. Abandoned twentieth century fertilizer barn in the northern portion of the Old Orchard property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Plate 4. Looking northwest at brick foundation of original Case barn . . . . . . . . . . . . . . . . 9 Table 1. Reported archaeological sites within one mile of the project area . . . . . . . . . . . . 11 iv INTRODUCTION This report presents the results of a Stage 1 archaeological survey undertaken for the proposed Old Orchard at Cutchogue subdivision in the hamlet of Cutchogue, Town of Southold, Suffolk County,New York(Figures 1 and 2). The study was conducted by the Institute for Long Island Archaeology at the State University of New York at Stony Brook in May 2005. The project area, located west of New Suffolk Road and north of Cedar's Road, is a parcel of approximately 4.62 acres (1.8 hectares). Two subsurface surveys have been performed in what is now the Old Orchard at Cutchogue property. The first, on 2.92 acres (1.17 hectares) in the far northern portion of the property,was performed by the Institute for Long Island Archaeology in 1995 in advance of possible construction of a recharge basin proposed by the New York State Department of Transportation(Silver and Merwin 1995). The second,performed in May 2005 and detailed in this report, involved subsurface testing in the southern portion of Lot 2 and in all of Lot 1 (Figure 3). The 1995 survey involved the excavation of 49 shovel test pits in Lots 2-4 (Appendix A). Six of the 49 shovel test pits yielded Euro-American cultural material (including bottle glass, pearlware and stoneware ceramics, a ceramic button, brick, square cut nails, shell, coal and slag) which dates to the nineteenth through the mid-twentieth centuries. In addition,three abandoned farm outbuildings and/or foundations dating to the late nineteenth through the mid-twentieth centuries were identified. These structures were documented on New York State Building/Structure and Historic Archaeological Site Inventory Forms in 1995 (Appendix Q. However,the remains of the farm outbuildings were determined to be not eligible for listing on the National Register of Historic Places by the New York State Office of Parks, Recreation, and Historic Preservation following the 1995 survey. The purpose of this study is to determine if proposed subdivision and residential construction will adversely impact archaeological remains of prehistoric and/or historic age. This required archival research and an archaeological survey with subsurface testing. The study was performed in accordance with the guidelines outlined in the Standards for Cultural Resource 1 Investigations and the Curation of Archaeological Collections issued by the New York Archaeological Council (1995). 2 7' rOvHa T2'3d 7l Project Area N"" wn e t O :..pllNey.-r _ 1, �S. a' Whft HAIMF`. 0 ?'n 3 Yip •r� :1. F t� �^� •ri• � WcL._ � •� ,�,a.�,�y., y� 8y ELrpor bJ; � •:� �� '' ro a Ria.m.a O rfL1QN1 � .4i�mDtoo::::�::;:!�•,.'•.'. 0 Pt MR91 OSmltLtawa Ya 6y'" s. ..... Dkpi:;:j:;i•:.•::•,: } - N r h. x:wwaR onAouw 9yaaat<O 6amvW' ,,•'� ^rcxH'Wewnua,.::.•;:•. �.� owpwxmPatehopv �_ YORK Jay s A. iAYAICA p s J%q`'0 N • , n Ja Ou • eui.. �:: :�':�:'••••:'•.�'.' t to :A.TL'AN'T,IC'. O.C'EAN ' a to Figure 1. Map of Long Island showing the location of the project area. 3 CII \ \ \\ •/ jam' �l�4;•. /� L '`f � 22 g,lest e�i•,, 1 Project Area \J ,� ..._ /: • `\ \'` \ r • it ¢5, �Ls:'`--_ \ j �`• GuWep gae — J \ J1 •�' °..�.✓• °• )ti'--\•" =`� ter''4�z�%i'" 27 'p• c og Y''`�\�` �h ..1``y\,�_} l.c •i4i ,l '�• +3 "Noh Foik 2U;• \ .. Cou'ni'ry,,Club l\/lM':'' \..) - �\ � �i .�MarSh 25 ,. 1 i , l � t11 ,fit l i i \/ t Figure 2. 1956 USGS topographic map,Southold, New York, 7.5 minute series (scale=1:24,000), showing the location of the project area. 4 Case's Lane I � 5 L M. i (}B, i Map Key / 6 I r I Datum He Barn(identified in 1995 Survey) tl r RB If AL'61i1 _ M bl.b0 N & ,. ( 6 3 - 1995 2005 f W95 ,15 0 OShovel Test Pit(Sterile) Shovel Test Pit with ` Euro-American MateriaQ ki _ Hti O 00, WD 6 rn !I M . 'S.bO N ) 0 m 15 m �' Z Hd I B 30 z w n p W65 t e� ` W 0 ft 50 ft y(o�� RB Stl� R13 20„j rh 9 'AN r O O ) cii ��� ( �_ He td R82 RB6 RB51 7r rn U 1$ I (r7f rn n # L74'�Sa M . .�CS.bU N N i 8 47 R W5U J � 13, ® rn p Rill vp' OD'OOS �3 z5 , RB 533f N r-� �) of 1 `�' A u O b^ LJ1�n �e4 RB W 5 .n r,: O n �� i F -p . n +rr�Z ! �`�`. �d RB �' O Ic O rn , i l 1 'r 7)i !J ! f r 1 1 (�1 _ !J V� `!. RB ss I N - a r I `—� ( =TtrO R 56 R6 53 ` °`� 1 m J Q. �- I , y I l 23d r 26 s I t: fey :r cn `RB44 B, R 24('1. RB 5 W5 -O O j i i Ll l i q Sgi I.jr 'KohrY . EO .ol•LLI =;.OZ,Fs—bo s 1 T 1 New Suffolk Road IS50 IS35 IS20 IS5INo IN10 IN25 IN40 IN55 IN70 IN85 IN100 IN115 IN130 IN145 IN160 IN175 IN190 Figure 3. Archaeological investigation of the Old Orchard property. 5 ARCHIVAL RESEARCH INTRODUCTION AND METHOD An evaluation of the natural and cultural history of an area is essential to understanding past land use, as well as determining the likelihood of encountering prehistoric or historic archaeological sites. Human groups locate their settlements in order to best take advantage of the characteristics of the natural and social landscape. Thus,knowledge of a region's history and environmental features is important for reconstructing past behavior and assessing the probability of locating evidence of early activities. A brief history of the Town of Southold and the project area is presented below. The natural history section includes a discussion of the environment and how it has changed over time, and a description of the topography and physical resources of the project area. The culture history includes a discussion of prehistoric and historic settlement patterns and activities. A search of the available published records and site files was undertaken to determine if any previous studies had documented archaeological remains in, or in the vicinity of, the project area. Pertinent historical records such as maps and descriptive histories were examined to obtain information on past activities in the study parcel. NATURAL AND CULTURAL HISTORY Environmental Setting. The project area is located in the Town of Southold on the North Fork of Long Island(Figure 1). It is situated on the outwash plain of the North Fork,just south of the rolling hills of the recessional moraine, a geological feature created over 15,000 years ago by meltwater runoff from the Wisconsin ice sheet(Sirkin 1995). Topography is gently sloping with an average elevation of 3 meters (10 feet) above mean sea level. There are no natural surface sources of fresh water within or adjacent to the project area. The nearest source of fresh water consists of wetlands that fringe West Creek less thanl52 meters (500 feet) south of the project area(Figure 2). 6 Soils in the project area consist of Haven loam and Riverhead sandy loam, 3 to 8% slopes, (Warner et al. 1975:Sheet 17). Riverhead sandy loam and Haven loam are deep,well- drained,medium to moderately coarse textured soils with low natural fertility. A typical profile for Riverhead sandy loam where plowing has occurred includes a plow zone (pz or Ap) of medium to dark brown loamy sand to 30 centimeters (12 inches), followed by the B2 subsoil (yellow or orange brown loamy sand,to an average depth of 69 centimeters [27 inches]), and the B3 substratum (light yellow brown loamy sand,to 147 centimeters [58 inches])(Warner et al. 1975:77-78). A typical profile for Haven loam consists of a surface layer(AO/Al) of dark gray brown sandy loam with organic material to 8 centimeters (3 inches), followed by an upper subsoil (B1) of medium brown loam to 25 centimeters (10 inches). In areas where plowing has occurred, the topsoil and upper subsoil have been mixed to form a homogeneous plow zone (Ap or pz). The lower subsoil (B2) is an orange brown loamy sand to 48 centimeters (19 inches),with a substratum (113) of yellow brown loamy sand with gravel (Warner et al. 1975:71). No cultural material is expected in the B3 soil horizon. Now abandoned farmland, vegetation in the project area is comprised of oak, cedar, and locust trees with an understory of immature trees, berry bushes, briar,poison ivy,virginia creeper, and other perennial vines and tall grasses (Plate 1). The remains of three abandoned farm outbuildings and/or foundations (Plates 2-4), and disturbance and dumping associated with these three barns, are present in the northern portion of the project area(Lots 2-4). The western edge of the southern parcel (Lot 1)has been disturbed by landscaping. Disturbances from cutting, grading,paving, and other earth moving activities associated with road construction are present along the eastern and southern edges of the property. In general,the environmental attributes of this portion of the North Fork, including the project area, indicate the presence of a diverse set of resources that could have been exploited by aboriginal hunter-gatherers, as well as by the later Euro-American settlers. Of special significance are resources (e.g., water fowl,mammals,marsh plants) associated with the nearby wetlands. Upland resources, such as berries, nuts, and local terrestrial fauna could have also been utilized by the Native Americans as part of their generalized subsistence base. 7 •a,� 't,Nar 3rrs �y'y �. r�"fir. �d •v Ot > � r.�;��,i�p„�y,�;`-' ��9G'+ f ,° �{�° I + �5�r�• �r .� � __ are � .�, ',•'.j �, ��G � .'b'S>z-5fr' "Sr s .a„fit` ^ �r`�.},�".-'�e���._ • •• • / " • ' • • • 1 KIM / • • 1- IN j( F I R If, Try It -AN My tJr /♦,, r`r3NOR C � L. J•6 � R � L}. y/ � Aj ARE i ,.�£ titer,� �T.m}yi t ♦��`���.:..-r"'3"?��7 I �fr r'�'S yam; �"4:�'k `� 4 C�;r '•'�'� r >��x:.� ;4� �' �r f�c r �ex'uj`' „fit�s.���„ - ,�' c���c ���-�i �;s �1.�-� a�,��i F'y'�..#�r`i•-�r _��'.*��j ,✓�'�s_•-'Y,G, � .a �• � - r� is, a - 'Alk� .-- f y� --ate Prehistoric Period. The files of the Suffolk County Archaeological Association (SCAA), the Institute for Long Island Archaeology (ILIA),New York State Museum (NYSM), and the Office of Parks,Recreation, and Historic Preservation(OPRHP) document seven known prehistoric sites within one mile (1.6 kilometer) of the project area. In addition, an archaeological survey conducted in the northern portion of the Old Orchard property by the Institute for Long Island Archaeology in 1995 yielded no prehistoric remains. There are no State or National Register of Historic Places listed or previously determined eligible properties dating to the prehistoric period within or adjacent to the project area. Although little modern archaeological research has taken place on the North Fork of Long Island,the region is known to have'been well-populated by Native Americans prior to the Europan arrival in the seventeenth century (Ritchie 1959; Smith 1950). Based on the site file information and an assessment of nearby environmental characteristics, the potential for the presence of prehistoric remains in undisturbed portions of the project area is moderate. If present, expected site types might include small manifestations of prehistoric activity(with few artifacts)that may represent hunting or tool repair incidents which occurred away from larger camps (Bernstein et al. 1996:127). 10 Table 1. Reported archaeological sites within one mile of the project area. Site Identifier Site Name Age/Cultural Comments Affiliation NYSM 4882 ACP SUFK-13 prehistoric Village site identified near the shore east of Cutchogue (Parker 1920). NYSM 8240 Grathwold prehistoric Village site with Sebonac and Niantic sherds scattered around Fresh Water Swamp. NYSM 8241, Fort Neck prehistoric? No further information is available for this site. A10310.000238 NYSM 8243 Corchaug Neck prehistoric? No further information is available for this site. NYSM 8244, Solecki Orient- Burial site. A 10310.000237 transitional NYSM 8252, Fleet prehistoric? No further information is available for this site. A10310.000236 NYSM 8258 prehistoric? No further information is available for this site. NYSM 686, Fort Corchaug historic Fortified village near Downs Creek. NYSM 687, Native NYSM 4881, American- A 10310.000028 Contact period A10310.000239 Wines-Horton historic Historic period house documented on 19`h century house maps. A10310.000019 Holland historic-early Testing site of the US Navy's first submarine. Submarine Base 201h century and Workshop A10310.001254 Case Barns historic Structural remains of three barns(Silver and Merwin 1995). 11 Historic Period. There are three documented historic period archaeological sites within one mile of the Old Orchard property. One of these sites, the Case Barns site (A10310.001254) was identified in the northern portion of the Old Orchard property during a 1995 archaeological survey by the Institute for Long Island Archaeology in advance of proposed construction of a recharge basin(Silver and Merwin 1995). No National Register listed or previously determined eligible properties were identified within or immediately adjacent to the project area. The English permanently settled the northeastern end of Long Island in the mid- seventeenth century. At this time the North Fork was occupied by the Corchaug Indians, speakers of the Mohegan-Pequot-Montauk Algonquian language (Salwen 1978). A group of Corchaugs are known to have occupied Fort Corchaug, a palisaded fort located on one of the streams flowing into Peconic Bay, roughly between the 1630s and 1665 (Williams 1973:124). The lands known to the Indians as Yennecock(present-day Southold, Thompson 1839) were ceded to the Magistrates of New Haven, Connecticut in a series of deeds dating prior to 1640. By the time of European arrival there was little conflict as local Native Americans were already weakened by disease and from raids by the mainland Connecticut tribes. Prime land and local power quickly passed to the white settlers. There are no official reservations or settlements recorded for Native Americans on the North Fork after King Phillip's War in 1674. However, records of slave purchases indicate that a number of Native Americans were living in Southold during the late seventeenth century as slaves (Booth 1990; Salwen 1978). There are conflicting reports concerning the original settlement of the Town of Southold because all town records prior to 1651 are lost(Munsell 1882:1). However, it is generally accepted that in 1640 a group of Puritan settlers from New Haven, Connecticut obtained a grant from James Farret to take up eight square miles of land. By 1665 the town included all lands from Wading River to Plum Island, bounded by Long Island Sound to the north and the Peconic Bay on the south(Munsell 1882:9-10). The settlers were farmers, and any goods produced other than those needed for subsistence were traded to the Connecticut settlements. The hamlet of Cutchogue was settled in 1660 as a new division of the township. Forty- four families were established there by 1661. These early settlers were farmers, fishermen, and 12 craftsmen. Among the first settlers was Benjamin Horton,whose home "The Old House,"is a National Register listed property located on Cases's Lane north of the project area. Clearing lands for agriculture continued throughout the seventeenth and into the eighteenth century. By 1677,the year of the first assessment roll,there were 82 taxpayers within the entire Town of Southold. One of the crops grown was tobacco,which commanded a high price abroad. The shipping industry was established early in the Town's history and by 1690 all vessels were directed to report to New York City to be cleared (Hall 1975). In the early eighteenth century, the colonists established three major east-west travel routes to connect the small farming communities of Suffolk County. Main Road (New York State Route 25, also known as Old Kings Highway) was cleared for cart use in 1704 (Bailey 1949), and this road continues to serve as the major overland transportation route along the North Fork. Little changed in the lifeways of the English colonists of Suffolk County until the American Revolution. Early in the conflict Long Island attracted British attention because of the island's proximity to the major port of New York Harbor, and also to Connecticut and Rhode Island. In addition, Long Island was used as a major resource for provisioning British troops, and the local agrarian economy was disrupted as the British stripped the region of food,timber, and herd animals (Luke and Venables 1976). Industry and water-borne trade were interrupted with British occupation of the Town of Southold,but life gradually returned to the earlier pattern after 1781. Following the Revolution and into the mid-nineteenth century,the settlement of the North Fork proceeded slowly and was concentrated along main thoroughfares such as Main Road. The community of Cutchogue remained agriculturally based and relatively isolated throughout the nineteenth century. The farmsteads that lined Route 25 produced large quantities of potatoes, cauliflower, brussels sprouts, strawberries, cranberries, dairy products, and eggs. Farmsteads were passed through generations of the same families. The railroad reached the North Fork in 1844 when the Long Island Rail Road line between Brooklyn and Greenport was completed. During the 1860s, railroad service was interrupted by financial difficulties and the Civil War,but regular service was resumed in the 13 1870s. The railroad provided an efficient means of transporting bulk cargoes such as agricultural produce, and thus heralded the demise of coastal trading and wooden shipbuilding in eastern Long Island. New York City-bound trains originating in the Town of Southold were loaded daily with crates and barrels of vegetables during harvest season(Ziel and Foster 1965:167). The railroad also carried summer visitors to the region. The shoreline communities of eastern Suffolk County flourished with seasonal activity, and hotels and boarding houses were established to meet the needs of summer guests. A stream of summer visitors to the North Fork began in the late nineteenth century. This increased in the early twentieth century and included hunters and fishermen, as well as picnickers and beach-goers. The early twentieth century witnessed the establishment of large "Country Estates" on some of the farmlands. Generally,these were located north of the project area, at the Sound side of the fork. Nonetheless,the Township of Southold remained an agricultural community. Most of the land was farmed,primarily in potatoes, cauliflower, and brussel sprouts. The nature of the local agricultural economy changed in 1980 when the first of a number of vineyards was established. Since then,more vineyards, garden nurseries, orchards, and sod farms have replaced many vegetable farms (Murphy 1990). Trends in land use can be discerned through a study of historic maps (Figures 4 through 8). A linear pattern of residential development is clearly shown along Main Road(New York State Route 25) on the 1797 Moore Survey of the Town of Southold(Figure 4). The project area is shown south of Main Road between Wickham and Reeves Creeks. This map shows only mills, school houses, and the Meeting House along the Main Road in Cutchogue north of the Old Orchard property. The 1858 Chace Map of Suffolk(Figure 5) continues to show a linear settlement along the Main Road, but with much greater evidence of settlement. New Suffolk Road is shown east of the project area,but no structures are shown within or adjacent to the Old Orchard property. By the time of the 1873 Beers Atlas of Long Island(Figure 6), the railroad was running regularly on the North Fork, more roads had been established, and settlement had increased. Residential development continued to cluster along Main Road north of the project area. However,no structures are shown within or adjacent to the Old Orchard property. 14 While the 1904 USGS topographic map (Figure 7) does not indicate land ownership, it does provide information about natural features and general use of the land. This map illustrates the project area as relatively unchanged since the eighteenth and nineteenth centuries. No structures are shown within the project area. In contrast to the 1904 map,the 1929 Dolph and Stewart Atlas of Suffolk County, New York(Figure 8) indicates land ownership but does not show structures,topography, or indicators of land use. By 1929, G. Case is shown as owning the Old Orchard property. No structures are shown within or adjacent to the project area. 15 § Nu a /(INN ,c{ �M,p�i L` 'A • � � r.J� "may`"" . er J . ZI, , Project Area, -�. k. Figure 4. 1797 Survey of the Town of Southold showing the project area south of Main Road between Wickham and Reeves Creeks. 16 ..r.,• Ham.A.w. r• rti�•• •yC�C fir! r�;.� � .�����,• ,'t'r:..ye,.y.' Q�. a� t� h is ;M: •. ..••+ T..�. d;!....� ,,. ��•� ++'O� •.�r,�• .1.tt+'" �� ' f '• VW" �.�Nj`=J1'uAi7r• v >`° •}t'" t'1'I('lllllil"1':i� y�NrR�PM . UBTbAdl! 31. . .n�rzr+' ,� ,1' Protect Area �I� '., ,�r."'.Nt,\.._. y 1 Robv04 Bland n Figure 5. 1858 Chace Map of Suffolk County showing the Old Orchard property west of New Suffolk Road. No structures are shown within or adjacent to the project area. 17 d y _ MANOR "I � t �[ t t� r ,t,�,pp Y 3` • ,.��''s6f ,nin,rJ { a v. e t'' 4;r1�[�tt�,jlin�tl'yY�`�frtifS�4j•`�t�t((�� X.a6,v+r 1�v Ori r { .b.a.�G �i 7��� '+� ,1r t{.��t`� ,AAA d�.�u=Ji�»���.T� y►JAriimt y �"r� ,,, .,„y��. .� �K*�.>y„y��,�tk� U{�rl ~'d'd N.gy I 7-4 IV[ydr irr,rr Js b �+1 b +s,ii irr { s s n i�43 7 ! a l lvt ••, r�s�s� r W fir+ I y �t �ITr.+c��r�T vstN.H</�t ' r�r!Ka+ � � �•�,.✓. �rnh,/f 6 � � �•r r' ,��,rtaa.� � t ti 1 1Ul': 1'(W- �' •: t� y LAYnm f i urrST�u r p ndD# T N 8,t d :• n.� ►{v� •6 X'�,� ttN.f✓ a "�r�� �t nl/Hl runt, ' 1 � y,�ar+f• -n , r„tYl)IRiU � Y N �" ��t3,,//1N+fn;+f y� t{r...�t r �Ar lJ...... • f►,,rr r/f NNluri N ti svfi ,,t aa.t 1'Jtr a ✓'v .r, ,+ y�.`;rr TiLI l.K�) t5�rnar grFos N O T .(erfJ,s o ri!f.>xtt r,• sJ .� ..^. + R ,,. -( }y +w 9�•d'M „ ,n � .X �. f�V•i�-Y+i[t�-r'tAY1�i r'Vl,�xr � t'F��r� A� ' ' st ink 67 of .rr +/� e� � y iF n w.a� - •., :r 1 y 1� F:r4 it � e n a f tl/,tirlr *s1 ..r'f` ,�y,"[o plak'Rb•, a ,ud. w t , b h w.v • >rt ¢rr rh+tr+ Tii/ht/f --�! 4 °f`ry" n sdyP ,�v�xa wA ,i. 4 i • - •r pr {-1 �� � 1 ,ndrar arxN w � '� J • 1 A,T w t-� die• ' 7 P a t r 1.! �/ E 7•r l 1 ,t[Mrt s � erf{ • ;� l T� ., + 77ii't�- ,w•+ � Frrr �a ��,+t 4� � ;.rf t is �" ,., .t, _V y,w Kat rprlf .• B.v,h1 x+T / ,�r i { ,✓v ' c>t�r tn'�,Yr �C?�'" _ +rr-sl++, r. .t'-"'�t .tt +•�' { "�``a gg �.�, i�r+��6 S« 9�s��a'` $€F�,Kr �r r� '+7 +�,yc r �A'/ / .•fz�t.r 1� ' .rcr y �`iti' rra r N - �:��� ✓a if a+♦r{r )�`"X✓4..ill � ;� �,. Wit OXX Project Area �'f ROBINS ���' ���i�ltl�ltlUli i,��',��� IS LAND ��fl� •; Figure 6. 1873 Beers Atlas of Long Island showing greater residential development on the North Fork. The structure shown nearest to the project area is owned by Wm. H. Case. 18 5 A ; f, F 1 # 1 Project Area }� ! s Yl r , ZIN Figure 7. 1904 USGS topographic maps of Shelter Island, New York showing the location of the project area. 19 via/a drrys.,i:4e ✓. W H•�ob�aon ,I.Si/%c!r Afil Lts!/t P./tHart `r• Worlr .durna ` � Stepnas/r%.. Y Drum tJort t B!//ord •i►�ai.SMrI' ✓.6/artr ✓.J(ojowaRi ZOn�ki t6)rver 6OA. � .ze�psk/' ,yba8i//q�d tJa�Or Orros*i SrothmWl it a801 , Aoo-A.iWe 6ea8i/Jam C.A!/er[ � �y Ceo A/dric%,�r! ✓�'/'� /'Morten , ✓.Jwl lrfienr &H.ilae Herry F.fret 40ylw, iYCnra+ 9 . 1 T T E 1++yioe+avri ic,F �8.»thws/1 use A'aasou /r4Jar�kf 6� o:�o iffJohnSan NORTH POR Mu/fold OOLF cW N C ,WNchho n iffekhvn Coet ✓,.Lbwne for Bottenw.r Gael �� J.F•FDnni�q �~ Project Area Figure 8. 1929 Dolph and Stewart Atlas of Suffolk County, New York. The project area is owned by G. Case. 20 ARCHAEOLOGICAL RESEARCH A two phase survey design was employed to search for archaeological remains in the remainder of the project area. Similar survey designs, used in other areas of Long Island,have proven successful in detecting prehistoric and historic sites (Bernstein et al. 1999; Lightfoot 1986). The initial phase of the survey involved a surface reconnaissance and inspection intended to locate large and easily visible remains. The second phase entailed subsurface testing of the Old Orchard property. No standing structures were evaluated as part of this survey. FIELD INSPECTION AND SURFACE SURVEY A surface survey was conducted in May 2005. All areas slated for impact were walked over, with special attention given to examining exposed soil for artifacts or other surface manifestations of past cultural activity. Vegetation patterns and topographic features which might provide insight into early land use were also noted. Visibility is generally poor throughout the property due to dense vegetation. SUBSURFACE TESTING The second phase of the field survey consisted of the excavation of shovel test pits (STPs) designed to detect the presence of cultural remains buried beneath the ground surface. As previously mentioned, most of the northern parcel of the Old Orchard property (Lots 2-4)was tested by the Institute for Long Island Archaeology in 1995. Shovel test pits excavated during the 1995 survey are identified on Figure 3 as RB 14-62. The remainder of the project area(Lot 1 and the southern portion of Lot 2)was tested utilizing a 15 meter(50 foot) grid in May 2005. A mapping reference was established at the northeast corner of the southern parcel, and all of the test units are designated using metric grid coordinates relative to this point(Figure 3). A total of 90 shovel test pits was excavated for the two surveys. Shovel test pits have a diameter of approximately 40 centimeters (16 inches). Most of the shovel test pits were dug well into the B2 subsoil,to approximately 60 centimeters (24 inches)below the present ground surface. The soil from each test unit was screened through six millimeter(1/4 inch)wire mesh to 21 aid in the identification and recovery of cultural materials. All cultural material, photographs and field notes produced during this survey are curated at the Institute for Long Island Archaeology at the State University of New York at Stony Brook. Results. The specific data recorded in the field for each shovel test pit, including information on soil stratigraphy, are presented in Appendices A and B. The general characteristics of the soils are discussed in the Environmental Setting section, above. The topsoil layer(referred to in Appendices A and B as the AO/AI horizon) consists of partially decomposed organic matter and dark brown sandy or silty loam that extends to an average depth of 5.5 centimeters (2.2 inches)below the ground surface. Two shovel test pits contained an A2 leaching zone of gray sand. This was followed by a plow zone of medium brown loam, loamy sand, or sandy silt to an average depth of 31 centimeters (12.4 inches). The lower subsoil (132) is an orange brown or dark yellow brown loamy sand or sandy silt (occasionally with pebbles and gravel). A total of five shovel test pits exposed soils disturbed from activities other than plowing (Appendices A and B). No prehistoric artifacts or features were encountered during either survey. Three abandoned farm outbuildings and/or foundations dating to the nineteenth through the mid- twentieth centuries were identified in the northern portion of the project area. These structures were documented on New York State Building/Structure and Historic Archaeological Site Inventory Forms in 1995 (Appendix Q. However,the remains of the farm outbuildings were determined to be not eligible for listing on the National Register of Historic Places by the New York State Office of Parks, Recreation, and Historic Preservation following the 1995 survey. A very light density of Euro-American cultural material (including bottle and window glass,pearlware and stoneware ceramics, a ceramic button, brick, square cut nails, shell, coal and slag)was encountered during subsurface testing in STPs RB 41, RB 43, RB 47, RB 49, RB 51, RB 62,N175/W65, S5/W35, and S35/W95 (Figure 3; Appendices A and B). This material is probably the result of sporadic dumping of refuse and subsequent dispersal by trampling and/or plowing, and as such, has virtually no potential for contributing to our understanding of past activities in Cutchogue. 22 CONCLUSIONS AND RECOMMENDATIONS Archival research(including a survey of historic maps and site file searches) suggests that the Old Orchard at Cutchogue property in the hamlet of Cutchogue, Town of Southold, Suffolk County,New York, was farmed agricultural land throughout the nineteenth and into the twentieth centuries. A total of 41 shovel test pits was excavated in the project area in May 2005. In addition, 49 shovel test pits were excavated in the northern portion of the project area by the Institute for Long Island Archaeology in 1995 in advance of proposed construction of a recharge basin. Combined,the 1995 and 2005 archaeological surveys resulted in the excavation of 90 shovel test pits in the project area. No prehistoric artifacts or features were encountered. Three abandoned farm outbuildings and/or foundations dating to the nineteenth through the mid-twentieth centuries were identified in the northern portion of the project area. Following the 1995 survey, the remains of the farm outbuildings were determined not to be eligible for listing on the National Register of Historic Places by the New York State Office of Parks, Recreation, and Historic Preservation. A light density of Euro-American cultural material (including bottle and window glass, pearlware and stoneware ceramics, a ceramic button,brick, square cut nails, shell, coal and slag) dating to the nineteenth through the mid-twentieth centuries was encountered in nine shovel test pits during subsurface testing in 1995 and 2005. This material is probably the result of sporadic dumping of refuse and subsequent dispersal by trampling and/or plowing, and as such, has virtually no potential for contributing to our understanding of past activities in Cutchogue. No further archaeological investigations are recommended. 23 REFERENCES Bailey,Paul 1949 Long Island:A History of Two Great Counties, Nassau and Suffolk. Lewis Historical Publishing,New York. Bernstein, David J., Michael J. Lenardi, Daria Merwin, and Lynn Harvey-Cantone 1996 Prehistoric Use of Wetland Environments: A Case Study from the Interior of Long Island, New York. Northeast Anthropology 51:113-130. 1999 Stage IB Archaeological Survey of the Kycia Property, Head of the Harbor, Town of Smithtown, Suffolk County,New York. Institute for Long Island Archaeology, State University of New York at Stony Brook. Booth, Antonia 1990 A Brief Account of Southold's History. In Southold Town 3501h Anniversary, 1640-1990, edited by Peggy Murphy. 350`h Anniversary Executive Committee, Southold,New York. Hall, Warren 1975 Pagans, Puritans, Patriots of Yesterday's Southold. New Suffolk Historic Council, Cutchogue,New York. Latham, Roy 1953 Notes on the Orient Focus of Eastern Long Island,N.Y. Pennsylvania Archaeologist, 23(3-4):108-110. Lightfoot, Kent 1986 Regional Surveys in the Eastern United States: The Strengths and Weaknesses of Implementing Subsurface Testing Programs. American Antiquity 51:484-504. Luke,M. H. and R. W. Venables 1976 Long Island in the American Revolution. New York State American Revolution Bicentennial Commission,Albany. Munsell, William W. 1882 History of Suffolk County, New York 1683-1882. W. W. Munsell and Company,New York. Murphy, Peggy 1990 Farming: Southold's Ever Changing Heritage. In Southold Town 350`h Anniversary, 1640-1990, edited by Peggy Murphy. 350'Anniversary Executive Committee, Southold, New York. 24 Parker,Arthur C. 1920 The Archeological History of New York. New York State Museum Bulletin Numbers 237 and 238. State University of New York, Albany. Ritchie, William A. 1959 The Stony Brook Site and its Relation to Archaic Transitional Cultures on Long Island. New York State Museum and Science Service, Bulletin 372. The University of the State of New York,Albany. Salwen, Bert 1978 Indians of Southern New England and Long Island: Early Period. In Handbook of North American Indians, Volume 15, edited by Bruce Trigger,pp. 160-176. Smithsonian Institution, Washington D.C. Silver,Annette and Daria E. Merwin 1995 A Cultural Resource Survey Report of PIN 0041.99.121, Route 25, Highland Road, Cutchogue to Sixth Street, Greenport, Town of Southold, Suffolk County,New York. Institute for Long Island Archaeology, State University of New York at Stony Brook. Sirkin, Les 1995 Eastern Long Island Geology with Field Trips. The Book and Tackle Shop, Watch Hill, Rhode Island. Smith, Carlyle S. 1950 The Archaeology of Coastal New York. Anthropological Papers of the American Museum of Natural History 43:95-202. Thompson, Benjamin F. 1839 A History of Long Island, Containing an Account of the Discovery and Settlement. E. French,New York. Warner, J. W. Jr., W. E. Hanna, R. J. Landry, J. P. Wulforst, J. A. Neely, R. L. Holmes and C. E. Rice 1975 Soil Survey of Suffolk County, New York. U.S. Department of Agriculture, Soil Conservation Service, Washington, D.C. Williams, Lorraine 1973 Ft. Shantok and Ft. Corchaug: a Comparative Study of Seventeenth Century Culture Contact in the Long Island Sound Area. PhD Dissertation,New York University. University Microfilms#73-11,788. 25 Ziel, Ron and George Foster 1965 Steel Rails to the Sunrise: the Long Island Rail Road. Hawthorn Books, Inc.,New York, New York. List of Maps Beers, F. W. 1873 Atlas of Long Island, New York. Beers, Comstock, and Cline, Brooklyn,New York. Chace, J. 1858 Map of Suffolk County, Long Island, New York. John Duglass, Philadelphia. Dolph and Stewart 1929 Atlas of Suffolk County, New York. Dolph and Stewart,New York. Moore, Thomas 1797 Survey of the Town of Southold. Copy on file, Map Library, State University of New York at Stony Brook. United States Geological Survey 1904 Shelter Island, New York. 15 minute series. Topographic Surveys, Washington, D.C. 1956 Southold, New York. 7.5 minute series, Washington, D.C. 26 INTRODUCTION TO APPENDIX A AND B Basic descriptive data from the project area are presented in the following appendix. Excavation, stratigraphic, and artifactual information are included. Excavation information includes shovel test pit(STP)numbers, stratigraphic designation(stratum), and starting (SD) and ending(ED) depths (in centimeters)for each excavated level. The following abbreviations are used in the appendix: Stratum AO/Al-topsoil bn-brown A2-leaching zone cl-clay B2-lower subsoil dk-dark dist-disturbed gb-gray brown pz-plow zone gr-gray gv-gravel In-loam(y) It-light md-medium mo-mottled ob-orange brown or-orange pb-pebbles sd-sand(y) st-silt(y) yb-yellow brown 27 APPENDIX A: 1995 SHOVEL TEST PIT EXCAVATION INVENTORY STP SD ED Stratum Soils Cultural Material RB 14 0 4 AO/Al dk bn st lm 4 21 pz and bn sd st 21 60 B2 ob sd st RB 15 0 8 AO/Al dk bn st lm 8 43 pz and bn sd st 43 65 B2 ob sd st RB16 0 16 AO/Al dk bn sd Im 16 20 A2 gr sd 20 50 pz and bn sd st 50 68 B2 ob sd st RB 17 0 3 AO/Al dk bn sd lm 3 34 pz and bn sd st 34 60 B2 ob sd st RB 18 0 4 AO/Al dk bn sd lm 4 35 pz and bn sd st 35 65 B2 ob sd st RB 19 0 2 AO/Al dk bn sd lrn 2 20 pz and bn sd st 20 50 B2 ob sd st RB20 0 4 AO/AI dk bn sd Im 4 33 pz and bn sd st 33 59 B2 ob sd st RB21 0 6 AO/Al dk bn sd Im 6 38 pz and bn sd st 38 64 B2 ob sd st RB22 0 6 AO/AI dk bn sd lrn 6 27 pz and bn sd 27 65 B2 dk yb sd RB23 0 5 AO/Al dk bn sd hn 5 20 pz and bn sd st 20 57 B2 dk yb sd st RB24 0 5 AO/Al dk bn sd lm 5 19 pz and bn sd st 19 60 B2 dk yb sd st RB25 0 3 AO/Al dk bn sd lm 3 22 pz and bn sd st 22 57 B2 dk yb sd st RB26 0 5 AO/Al dk bn sd Im 5 20 pz and bn cl st 20 60 B2 dk yb cl st 28 STP SD ED Stratum Soils Cultural Material RB27 0 3 AO/Al dk bn sd lm 3 20 pz and bn cl st 20 57 B2 dk yb cl st RB28 0 2 AO/Al dk bn sd lm 2 30 pz and bn cl st 30 59 B2 dk yb cl st RB29 0 5 AO/Al dk bn sd lm 5 31 pz and bn sd st 31 62 B2 dk yb sd st RB30 0 3 AO/Al dk bn sd lm 3 19 pz and bn sd st 19 56 B2 dk yb sd st RB31 0 5 AO/Al dk bn sd hn 5 32 pz and bn sd st w/pb&gv 32 65 B2 ob sd st w/pb&gv RB32 0 6 AO/Al dk bn sd lm 6 33 pz and bn sd st 33 62 B2 ob sd st RB33 0 5 AO/Al dk bn sd lm 5 20 pz and bn sd st 20 60 B2 ob sd st RB34 0 4 AO/Al dk bn sd kn 4 19 pz and bn sd st 19 56 B2 ob sd st RB35 0 10 AO/Al dk bn sd lm 10 36 pz and bn sd st 36 66 B2 ob sd st RB36 0 4 AO/Al dk bn sd lm 4 26 pz and bn sd st 26 58 B2 ob sd st RB37 0 5 AO/Al dk bn sd lm 5 17 A2 gr sd w/pb 17 52 pz and bn sd st w/pb 52 60 B2 ob sd st w/pb RB38 0 5 AO/Al dk bn sd lm 5 45 pz and bn sd lm 45 60 B2 ob sd st RB39 0 13 AO/Al dk bn sd lm 13 31 pz and bn sd st 31 64 B2 dk yb sd st RB40 0 4 AO/Al dk bn sd lm 4 34 pz and bn sd st 34 59 B2 ob sd st 29 STP SD ED Stratum Soils Cultural Material RB41 0 5 AO/Al dk bn st lm 5 28 pz and bn sd st coal 28 55 B2 ob sd st RB42 0 2 AO/Al dk bn sd lm 2 22 pz and bn cl sd 22 50 B2 ob cl sd RB43 0 29 pz and bn st brick 29 55 B2 ob st w/pb RB44 0 23 pz and bn cl st 23 57 B2 ob st sd 57 65 B3 It yb st sd RB45 0 3 AO/Al dk bn sd lm 3 27 pz and bn cl sd 27 56 B2 ob cl sd RB46 0 42 pz and bn cl st 42 60 B2 ob st sd RB47 0 5 AO/Al dk gb st lm 5 26 pz and bn st brick,3 square cut nail,5 unid metal, 1 metal utensil(spoon/fork)handle 26 54 B2 ob st w/pb RB48 0 12 AO/Al dk bn sd lm 12 31 pz and bn sd st 31 56 B2 ob sd st 0 30 dist and bn cl st RB49 30 49 lens and bn st 1 pearlware rim sherd, 1 buff glazed stoneware, 1 unid metal, 1 brick, 1 shell, coal,slag 49 53 B2 ob st sd RB50 0 12 AO/Al dk bn sd lm 12 41 pz and bn sd st 41 60 B2 ob sd st RB51 0 35 pz and bn st 1 green bottle glass, 1 brick,5 square cut nail, 1 unid metal,coal 35 60 B2 ob sd st w/pb&gv RB52 0 12 AO/Al dk bn sd lm 12 32 pz and bn sd st 32 58 B2 ob sd st RB53 0 21 pz and bn cl st 21 51 B2 ob st sd RB54 0 29 pz and bn st 29 59 B2 ob st w/pb RB55 0 20 pz and bn cl st 20 58 B2 ob st sd 30 STP SD ED Stratum Soils Cultural Material RB56 0 16 AO/Al dk bn sd hn 16 32 pz and bn sd st 32 54 B2 ob sd st RB57 0 48 dist and bn st 48 60 B2 ob st RB58 0 4 AO/Al dk bn sd lm 4 32 pz and bn cl sd 32 58 B2 ob cl sd RB59 0 30 pz and bn cl st 30 53 B2 ob st sd RB60 0 33 pz and bn st 33 58 B2 ob st w/pb RB61 0 3 AO/Al dk bn sd hn 3 35 pz and bn sd st 35 58 B2 ob sd st RB62 0 31 pz and bn cl st 1 sew-through ceramic button,coal 31 APPENDIX B: 2005 SHOVEL TEST PIT EXCAVATION INVENTORY STP SD ED Stratum Soils Cultural Material N190/W5 0 4 AO/Al dk bn st hn 4 32 pz and bn sd lm 32 60 B2 ob sd lm N175/W65 0 7 AO/Al dk bn sd lm 7 26 pz and bn sd lm 4 aqua window glass, 1 brick 26 60 B2 ob sd lm w/pb&gv N175/W50 0 5 A0/A1 dk bn sd lm 5 60 dist and bn st lm N1751W35 0 5 A0/A1 dk bn st lm 5 33 pz and bn sd Im 33 60 B2 ob sd lm N175/W20 0 8 AO/Al dk bn st lm 8 34 pz and bn sd lm 34 60 B2 ob sd lm w/pb&gv N175/W5 0 5 A0/A1 dk bn st lm 5 60 dist and bn st lm N160/W50 0 8 A0/A1 dk bn st lm 8 28 pz and bn lm 28 60 B2 ob lm sd N160/W20 0 6 AO/Al dk bn st lm 6 28 pz and bn sd lm 28 60 B2 ob sd lm N160/W5 0 5 A0/A1 dk bn sd lm 5 30 pz and bn sd lm 30 60 B2 ob sd lm N25/W80 0 6 AO/Al dk bn st lm 6 40 pz and bn lm 40 60 B2 ob lm sd w/pb&gv N25/W65 0 8 AO/Al dk bn st lm 8 32 pz and bn sd lm 32 60 B2 ob sd lm N10/W80 0 9 AO/Al dk bn st lm 9 33 pz and bn lm sd 33 60 B2 ob lm sd N10/W65 0 3 AO/Al dk bn st lm 3 34 pz and bn sd lm 34 60 B2 ob sd lm S5/W95 0 6 MA1 dk bn st lm 6 42 pz and bn sd lm 42 60 B2 ob sd lm S51W80 0 9 AO/Al dk bn st lm 9 29 pz and bn lm 29 60 B2 ob lm sd 32 STP SD ED Stratum Soils Cultural Material S5/W65 0 8 AO/Al dk bn st lm 8 36 pz and bn Im sd 36 60 B2 ob Im sd S5/W50 0 9 AO/Al dk bn st Im 9 37 pz and bn Im sd 37 60 B2 ob Im sd S5/W35 0 9 AO/Al dk bn st Im 9 39 pz and bn Im sd 1 brick 39 60 B2 ob Im sd S5/W20 0 3 AO/Al dk bn st Im 3 40 pz and bn Im sd 40 60 B2 ob Im sd S5/W5 0 60 dist mo ob sd Im w/pb&gv S20/W95 0 3 AO/Al dk bn st lm 3 33 pz and bn hn 33 60 B2 ob lm sd S20/W80 0 4 AO/Al dk bn st lm 4 33 pz and bn Im 33 60 B2 ob Im sd S20/W65 0 4 AO/Al dk bn st Im 4 29 pz and bn Im 29 60 B2 ob Im sd S20/W50 0 4 AO/Al dk bn st Im 4 34 pz and bn Im 34 60 B2 ob Im sd S20/W35 0 5 AO/Al dk bn st Im 5 37 pz and bn Im 37 60 B2 ob Im sd S20/W20 0 4 AO/Al dk bn st Im 4 32 pz and bn Im 32 60 B2 ob Im sd S20/W5 0 3 AO/Al dk bn st Im 3 29 pz and bn Im 29 60 B2 ob lm sd S35/W95 0 5 AO/Al dk bn st Im 5 36 pz and bn Im 1 clear bottle glass 36 60 B2 ob Im sd S35/W80 0 5 AO/Al dk bn sd Im 5 34 pz and bn Im 34 60 B2 ob Im sd S35/W65 0 3 AO/Al dk bn st lm 3 35 pz and bn Im 35 60 B2 ob Im sd 33 STP SD ED Stratum Soils Cultural Material S35/W50 0 4 AO/Al dk bn sd lm 4 35 pz and bn lm 35 60 B2 ob lm sd S35/W35 0 5 AO/Al dk bn st Im 5 33 pz and bn Im 33 60 B2 ob lm sd S35/W20 0 4 AO/Al dk bn st Im 4 32 pz and bn]m 32 60 B2 ob lm sd S35/W5 0 3 AO/Al dk bn st lm 3 37 pz and bn lm 37 60 B2 ob Im sd S50/W95 0 5 AO/Al dk bn sd lm 5 25 pz and bn lm 25 60 B2 ob lm sd S50/W80 0 2 AO/Al dk bn st lm 2 35 pz and bn hn 35 45 B2 ob lm sd S50/W65 0 4 AO/Al dk bn st lm 4 36 pz and bn Im 36 60 B2 ob]m sd S50IW50 0 3 AO/Al dk bn st Im 3 34 pz and bn lm 34 60 B2 ob lm"sd S50/W35 0 5 AO/Al dkbnlm 5 30 pz and bn Im 30 60 B2 ob Im sd S50/W20 0 3 AO/Al dk bn st Im 3 33 pz and bn Im 33 60 B2 ob Im sd S50/W5 0 5 AO/Al dk bn st Im 5 47 pz and bn lm sd 47 60 B2 ob lm sd 34 APPENDIX C: NEW YORK STATE INVENTORY FORMS 35 PIN 0041. 99 . 121 NEW YORK STATE BUILDING/STRUCTURE INVENTORY FORM YOUR NAME: Daria E. Merwin SITE NAME: YOUR ADDRESS : SUNY at Stony Brook SITE NO. : PHONE: (516) 632-7618 QUAD: ORGANIZATION: I .L. I .A. NEG. NO. : DATE: February 1995 FIELD DATA GATHERED BY:DEM IDENTIFICATION 1. BUILDING NAME(S) : Case Fertilizer Barn (Loc. 1, Bldg. Hb) 2 . COUNTY: Suffolk TOWN/CITY: Southold VILLAGE: Cutchogue 3 . STREET LOCATION: Case' s Lane, south of Rte. 25 (Main Rd. ) 4 . OWNERSHIP: private X public 5. PRESENT OWNER: Russell Case OWNER'S ADDRESS: PO Box 945, Cutchogue (his nephew owns the parcel with barns) 6. USE: original storage barn present abandoned 7 . ACCESSIBILITY: Exterior visible from public road: yes no X Interior accessible (explain) : yes 8. BUILDING a. clapboard b. ,stone c. brick d. board&battenX MATERIAL e. cobblestone f. shingles g. stucco h. metal siding i. composition mat. j . other 9 . STRUCTURAL a. wood frame w/interlocking joints X SYSTEM: b. wood frame w/light members c. masonry load-bearing walls d. metal (explain) e. other f. solid log g. foundation type concrete block; wood post/sill 10. CONDITION: a. excellent b. good c. fair d. deteriorated X 11. INTEGRITY: a. original site X b. moved ,if so, when? c. list major alterations and dates (if known) square unpainted batten extension added to north face with wood post&sill foundation; date unknown 12 . PHOTO #: Plates 28, 29, 30 13 . MAP: see Appendix VI PIN 0041. 99 . 121 14. THREATS TO BUILDING: a. none known b. zoning c. roads d. developers e. deterioration f. other site of proposed recharge basin 15. RELATED OUTBUILDINGS AND PROPERTY: a. barn X b. carriage house c. garage d. privy e. shed f. greenhouse g. shop h. gardens i. landscape features j . other foundation of main barn k. well 1. fence/wall wood post/metal wire 16 . SURROUNDINGS OF THE BUILDING (check more than one if nec.) : a. open land X b. woodland X c. scattered buildings X d. densely built-up e. commercial f. historical X g. residential h. other 17 . INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: (Indicate if building is in a historic district) The building, part of a late 19th-early 20th c. farm complex, is currently surrounded by a golf course, a few residences, and the National Register-listed Old House of Cutchogue. The two standing barns and one foundation are in an overgrown parcel w/young trees. 18. OTHER NOTABLE FEATURES OF BUILDING AND SITE (including interior features if known) : Hand carved mortise and tenon joinery; rough hewn beams. SIGNIFICANCE 19 . DATE OF INITIAL CONSTRUCTION early 20th c. EARLIEST MAP SHOWING' THIS BUILDING: date not shown title source WERE EARLIER MAPS THAT MIGHT HAVE SHOWN THE STRUCTURE EXAMINED? yes X no (explain) ARCHITECT: BUILDER: 20 . HISTORICAL AND ARCHITECTURAL IMPORTANCE: The barns and associated farm equipment and machinery have been left virtually untouched since abandonment, and represent the lay-out of a working farmstead. The farm has not been fully operative since pre-1960 . 21. SOURCES: 12-94 interview with Mr. Russell Case . 22 . THEME: 19th & 20th c . agriculture PIN 0041 . 99 . 121 NEW YORK STATE BUILDING/STRUCTURE INVENTORY FORM YOUR NAME: Daria E. Merwin SITE NAME: YOUR ADDRESS : SUNY at Stony Brook SITE NO. : PHONE: (516) 632-7618 QUAD: ORGANIZATION: I .L. I .A. NEG. NO. : DATE: February 1995 FIELD DATA GATHERED BY:DEM IDENTIFICATION 1. BUILDING NAME(S) : Case Sheep Barn (Loc. 1, Bldg. Hd) 2 . COUNTY: Suffolk TOWN/CITY: Southold VILLAGE: Cutchogue 3 . STREET LOCATION: Case' s Lane, south of Rte. 25 (Main Rd. ) 4. OWNERSHIP: private X public 5 . PRESENT OWNER: Russell Case OWNER'S ADDRESS: PO Box 945, Cutchogue (his nephew owns the parcel with barns) 6 . USE: original barn present abandoned 7 . ACCESSIBILITY: Exterior visible from public road: yes no X Interior accessible (explain) : yes 8. BUILDING a. clapboard b. stone c. brick d. board&battenX MATERIAL e. cobblestone f. shingles g. stucco h. metal siding i. composition mat. j . other 9 . STRUCTURAL a. wood frame w/interlocking joints SYSTEM: b. wood frame w/light members X c. masonry load-bearing walls d. metal (explain) e. other f. solid log g. foundation type wood post/sill 10. CONDITION: a. excellent b. good c. fair X d. deteriorated 11. INTEGRITY: a. original site X b. moved if so, when? c. list major alterations and dates (if known) none known 12 . PHOTO #: Plates 32, 33 , 34 13 . MAP: see Appendix VI PIN 0041. 99 . 121 14. THREATS TO, BUILDING: a. none known b. zoning c. roads d. developers e. deterioration f. other site of proposed recharge basin 15. RELATED OUTBUILDINGS AND PROPERTY: a. barn .X b. carriage house c. garage d. privy e. shed f. greenhouse g. shop h. gardens i. landscape features j . other foundation of main barn k. well 1. fence/wall wood post/metal wire 16 . SURROUNDINGS OF THE BUILDING (check more than one if nec.) : a. open land X b. woodland X c. scattered buildings X d. densely built-up e. commercial f. historical X g. residential h. other 17 . INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: (Indicate if building is in a historic district) The building, part of a late 19th-early 20th c . farm complex, is currently surrounded by a golf course, a few residences, and the National Register-listed Old House of Cutchogue. The two standing barns and one foundation are in an overgrown parcel w/young trees . 18. OTHER NOTABLE FEATURES OF BUILDING AND SITE (including interior features if known) : Painted wood shingle roof, unpainted batten siding; 6/6 windows; windows in end gable peaks; hand wrought hardware. SIGNIFICANCE . 19 . DATE OF INITIAL CONSTRUCTION late 19th-early 20th c. EARLIEST MAP SHOWING THIS BUILDING: date 1909 title Hyde Altas of Suffolk Co. source SUNY/SB library WERE EARLIER MAPS THAT MIGHT HAVE SHOWN THE STRUCTURE EXAMINED? yes X no .(explain) ARCHITECT: BUILDER: 20. HISTORICAL AND ARCHITECTURAL IMPORTANCE: The barns and associated farm equipment and machinery have been left virtually untouched since abandonment, and represent the lay-out of a working farmstead. The farm has not been fully operative since pre-1960, although this barn was used until 1993 . 21. SOURCES:. 12-94 interview with Mr. Russell Case. 22 . THEME: 19th & 20th c. agriculture NEW YORK STATE HISTORIC ARCHAEOLOGICAL SITE INVENTORY FORM For Office Use Only--Site Identifier Project Identifier PIN 0041.99.121 Date March 1995 Your Name Daria E. Merwin Phone (516)632-7618 Address Dept. of Anthropology SUNY at Stony Brook Zip 11794-4364 Organization (if any) Institute for Long Island Archaeology 1. Site Identifier(s) 2. County Suffolk One of following: City Township Southold Incorporated Village Unincorporated Village or Hamlet Cutchogue 3. Present Owner Mr. R. Case Address PO Box 945 Cutchogue, NY zip 11935 4. Site Description (check all appropriate categories): Structure/site Superstructure: complete_partial_collapsed_not evident X Foundation: above_below X (ground level) not evident_ Structural subdivisions apparent: Only surface traces visible X Buried traces detected List construction materials (be as specific as possible): Concrete cinder block ramp support, wood sills and framing (2x6" and larger timbers), square cut iron nails of varying size, mortared brick (at least some from Sanford Brickyard, dating to 1897-1929); brick foundation walls are set into hillside on three sides. There are also remains of what appears to be a lean-to on the east side (wood post supports with wood sill beams still present). The foundation is roughly square with approximate dimensions of 12xl5 in (36x45 ft). Grounds: Under cultivation_ Sustaining erosion_Woodland_Upland_ Never cultivated_Previously cultivated X Floodplain_PasturelandX Soil Drainage: excellent_good_fair X poor_ Slope: flat_gentleX moderate_steep_ Distance to nearest water from structure (Approx.) 0.3 km (0.5 mi) Elevation: 6 m (20 ft) 5. Site Investigation (append additional sheets, if necessary): Surface--date(s) Nov. 1994 Site Map (Submit with form) see App. VI, Sheet 2 Collection Subsurface--date(s) Dec. 1994 Testing: shovel X coring_other_unit size 30cm (1 ') dia., 60 cm (2') deen no. of units 49 Excavation: unit size no. of units Investigator Daria Merwin Manuscript or published report(s) (reference fully): CRS Report of PIN 0041.99.121 (Rt. 25, Town of Southold), prep. for NYS Museum by Annette Silver and Daria E. Merwin, Inst. for L.I. Arch., Feb. 1995 Present repository of materials SUNY/Stony Brook Page 2 6. Site inventory: date constructed or occupation period 1897-1929 b. previous owners, if known Case family c. modifications, if known: 7. Site documentation (append additional sheets, if necessary): a. Historic maps NOT SHOWN 1) Name Date _Source Present location of original, if known 2) Name Date Source Present location of original, if known b. Representation in existing photography 1) Photo date Where located 2) Photo date Where located c. Primary and secondary source documentation (reference fully): d. Persons with memory of site: 1) Name Mr. Russel Case Address see pg. 1 2) Name Address 8. List of material remains other than those used in construction (be as specific as possible in identifying object and material): small motor-appears to be steam-driven, coal, various pieces of metal hardware (incl. lightning rod), aluminum buckets, metal piping, and miscellaneous debris. If prehistoric materials are evident, check here and fill out prehistoric site form. _ 9. Map References: Map or maps showing exact location and extent of site must accompany this form and must be identified by source and date. USGS 7.5' Minute Series Quad. Name 1956 Southold Quad (see Figure 2) For Office Use Only--UTM Coordinates 10. Photography (optional for environmental impact survey): see Plate 31. j Project Status Report for�Standard Subdivisions Pry #Na ea d Lt� al n � � � # ';�'� ¢ �i �5.��ti F� � '�} ��•,,� �q.�s§q, � ,r" '� �,�� yes Pro esfleseripfian(takenfromPart tngT ckmg� Sketch Application Dates Pre-Submission Conference SEQRA Determination Sketch Application Received SC Planning Commission Referral Application Fees Paid CcC An op- c�kt Z•SoSC Planning Commission Comments y ERSAP Submitted Fire Department Referral Yield Plan Submitted Fire Department Comments Concept Design Determined Engineer Conference Fire Department Comments Sketch Plan Submission SEQRA Coordination Conditional Sketch Approval Landscape Plan Sketch Approval Soil Conservation Plan Preliminary Plat Application Dates(6 months after Sketch PIM Approval) Preliminary Application Received DEIS Submission Application Fees Paid Referral of Legal Documents to Town Attorney Referral of Road and Drainage Plans Comments from Legal Department Received Engineer Conference FEIS Submission Comments from Town Engineer Preliminary Hearing Set Draft Performance Estimate Preliminary Hearing Held Draft Covenants and Restrictions Preliminary Hearing Closed Draft Homeowner's Association Agreement Conditional Preliminary Approval Draft Road Maintenance Agreement Preliminary Approval Scoving Session At Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Mylars Received(5) NYSDEC Wetlands Permit Received Paper Prints Received(8) NYSDOT/DPW Permit Received Final Road and Drainage Plans Trustee Permit Received Performance Guarantee Received Final Hearing Set Performance Guarantee to Town Board Final Hearing Held/Closed Final Covenants and Restrictions Filed Legal Documents Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval Park and Playground Fee Paid Map F/_ndorsed by Chair Conservation Agreement i.'%VRP Consistency Review Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: o MAILING ADDRESS: PLANNING BOARD MEMBERS ��� Gy P.O. Box 1179 JERILYN B.WOODHOUSE Southold,NY 11971 cm Chair y v, OFFICE LOCATION: RICHARD CAGGIANO • Town Hall Annex WILLIAM J.CREMERS y�0 a�� 54375 State Route 25 KENNETH L.EDWARDS (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE 9 J ^ TOWN OF SOUTHOLD i; E LJ AY 3 0 2006Application for Preliminary Plat Appr o IM APPLICATION IS HEREBY MADE to the Town of Southold: ffg oar`s for T� PRELIMINARY PLAT APPROVAL for the subdivision desc>7ibe&h@xeino, .,...— ... , 1. Name of Subdivision QR-6,, 20A,0 A 7- 2. Suffolk County Tax Map# Z0662 3. Hamlet 4. Street Address/ Al" " Project Location 5. Zoning District 6. Date of Submission S - 2 Z- 7. Sketch Plan Approval Date 8. Acreage of Site 9. Parcel Yield 10. Number of Lots Proposed a. Number of Affordable Lots Required: 0 b. Number of Affordable Lots Proposed: Ll c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: 11. Acreage of Open Space 12. Percentage of Open Space 13. Range of Lot Sizes U, Cx� — `7 , 0,90 14. Average Lot Size ell 15. Private or Public Streets Ale— -1 e/L 16. Length of Road(s) i 17. Acreage of Road(s) 1v/4 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. A/a 19. In addition to the application to the Town of Southold Planning Board,what other approva�.1 are you seeking for this subdivision from state or other agencies?Please list other applications which are currently pending involving this.project. If possihle,please provide application reference numbers. S cOw -- AP�2a o 20. Application completed by [ ] owner [ ] agent [ ] other Signature of Preparer Date CT t THIS DECLARATION made by Richard Manzi as Trustee of the Joseph G. Manzi, Jr., Irrevocable Trust, dated February 28, 2000, this day of , 2006, residing at 5 Shelly Lane, Mount Sinai,New York 11766, herein after referred to as DECLARANT, as owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as PREMISES) desire to restrict the use and enjoyment of said Premises and has for such purpose determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. DECLARANTS have made application to the Town of Southold (herein after referred to as TOWN) for a permit to construct, approval of plans or approval of a Standard Subdivision or development on the PREMISES. 2. As a condition of approval by the TOWN of the subdivision or development application, the DECLARANTS covenant as follows: a. that pursuant to Section A10.6-56(C) of the Southold Town Code, clearing limits for each lot as shown on the approved subdivision map are as follows: i. Lot 1 clearing limit—26,486.30 sq. ft. (35.00%) ii. Lot 2 clearing limit—20,310.34 sq. ft. (50.00%) iii. Lot 3 clearing limit—20,041.00 sq. ft. (50.00%) iv. Lot 4 clearing limit—22,415.07 sq. ft. (50.00%); and b. that access to Lots 1, 2 and 3 shall be from New Suffolk Avenue; and C. that access to Lot 4 shall be from Cases Lane; and d. that no changes to any of the lot lines without Planning Board approval; and e. that all stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner, and f. prior to any construction activity, DECLARANTS shall secure a General Permit for Storm-water Runoff from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection (DEC)under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. 3. The DECLARANTS their successors and/or assigns shall set forth these covenants, agreements and declarations in ant and all leases to occupants, tenants and/or lessees of the above-described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANTS,their successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. r 4. All of the covenants and restrictions contained herein shall be in addition to and not in derogation of limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised,. amended, or promulgated. 5. This document is made subject to the provisions of all laws required or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned restrictive covenants shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding on the DECLARANTS,their successors and assigns, and upon all persons or entities claiming under them. 8. If any section, subsection,paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not effect the validity of the covenants as a whole, or any part or provision hereof other than that part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Richard Manzi, as Trustee - EFFREY T. BUTLER P. E. P.O . Box 634 SHOREHAMv NEW YORK 1 1 7BG 63 1 -2-08-8850 Copy LICENSED PROFESSIONAL ENGINEER MEMBER NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS Transmittal February 1, 2006. ; Town of Southold Board of Trustees PO Box 1179 Southold,NY 11971 RE: • Old Orchard at Cutchogue SCTM: 1000-109-6-9.1 To Whom It May Concern: In response to the letter from the Planning Department of Southold dated December 12, 2005,please find enclosed the LWRP Coastal Consistency Form for the above referenced project. If you have any questions or-comments,please call the office at(631) 208-8850. Thank you. Sincerely, Jeffrey T. Butler, P.E. .. ��cC i_. �� i -•.vvv�i Clird',U !i" IMUZ,ICC.J !'e-��Jt Li t � .Town of Southold LWRP CONSISTOC:Y ASSESSMENT FARM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall wmplete this CC. for proposed actions that arc subject to the Town of southol.d Water..front Consistency Review Law. This assessment is intended to supplement other irfbmlation used by a Town of Southold agency in malting a determination of consistency. *,Except minor exem�t actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list., policies and explanations of each policy contained in the Town of Southold Local Waterfront Rayita&ation Program. A pr posed action will be cvilusted as to its sigWil t beneficial and adverse eFfccts upnn the coastal area.,(wh c�includes all of Southold Town.). If any question in Section C. oti this form is answered "yes" or"no", then the proposed action will Off the achievement of the LWRP policy standards and conditions contained in the consistency review la-w. Thus answer must be explained in detail, listing both Supporting and non- supporting facts. if an.action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LA RP is available in the following places: online at the Town of Southold' website(southoldtown.northfork.net). the Board of Tnistees Office, the Planning Departinert, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# i © PROJECT NAME ZAP The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board[271JI Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action.(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital L_i construction,planning activity,agency regulation,land tramsaction) ❑ (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,liccrise,certification: a Nature and extent of action: Location of action.: CQt r-e-r 9 Site acreage, 1 o\Q -- Present land use: Present zoning classification.: 2. if an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicante�D�C1 e or3,a ��_1� r�-1Lr�eab (b) Mailing addresse, �' ��, �% (e) Telephone number: Area Code ( ) ' �i1 �,-744- 1 C� (d) Application number,if any: Will the action be directly undertaken,require fun&g,or approval by a state or federal agency? Yes ❑ No❑ If yes,which stale or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,males efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See 1l,WRP Section 1.11—Policies; Page 2 for evaluation criteria. Yes ❑ No I AI Not Applicable Attach additional shoots if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See. LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes 71 No Q Not Applicable 1 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary w^ NATURAL COAST POLICIES Policy 4. Minimize loss of lift, structures, and natural resources from flooding and erosion. See LWRP Section III.—Policies Pages 8 through 16 for evaluation criteria Yes Q No Not Applicable Attach additional sheets if necessary Policy 5. Protect and i mprovt water quality and supply in the Town of Southold. See LVeRP Section III Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No Z.Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality And function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria, a a 171( Yes No Not A gable Attach.additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes U No® Not Applicable Attach additional sheets if necessary Policy S. Minimize environmental degradation in Towns of Southold from solid waste and hazardous substances and wastes. See LWRP Section TIT—.Policies; Pages 34 through 38 for evaluation criteria. 1J Yes �--� ® No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. Sec LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. r`;� D YesD No U Not Applicable Attach additional sheets if necessary WORKING COAST POLIC'rvv Policy 1.0. Protect Southold's water-depeadent uses and promote siting of new water-dependent uses in suitable locations. See.LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No W Not Applicable Attach additional sheets If necessary Policy .1.1. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III_Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No L=1 Not Applicable Attach additional sheets ifneecssvy Policy 1.2. Protect agricultural lands in the Town of Southold. See .LWRP Section ITT — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets ifnecessary Yolicy 13. Promote appropriate use and development of energy and mineral resources. See 1,WRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY TIT.LF 1 I ,DATE1 �Lc 1 , n 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data,it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ('/; Part 1 7 Part 2 Part 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ■! A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Standard Subdivision of Old Orchard at Cutchogue Name of Action Town of Southold Planning Board Name of Lead Agency Jerilyn B.Woodhouse Chairperson Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer nature of 1115sponsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) December 12,2005 Date Page 1 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information(Read Carefully) In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But,for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response,thus requiring evaluation in Part 3. The impacts of each project,on each site,in each locality,will vary. Therefore,the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. The number of examples per question does not indicate the importance of each question. I In identifying impacts,consider long term,short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. C. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided,check column 2. If impact will occur but threshold is lower than example,check column 1. d. Identifying that an Impact will be potentially large(column 2)does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change Impact on Land 1. Will the Proposed Action result in a physical change to the project site? N O E] YES Examples that would apply to column 2 • Any construction on slopes of 15%or greater, (15 foot Yes ■ No 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 Yes [F]No is less than 3 feet. • Construction of paved parking area for 1,000 or more Yes ElNo vehicles. • Construction on land where bedrock is exposed or ■ 1:1Yes ElNo generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or E] Yes E]No involve more than one phase or stage. • Excavation for mining purposes that would remove ED Yes No more than 1,000 tons of natural material(i.e.,rock or soil)per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Construction or expansion of a santary landfill. LU F7 Ei Yes No • Construction in a designated floodway. El El 0Yes •_' No • Other impacts: El El OYes MNo 2. Will there be an effect to any unique or unusual land forms found on the site?(i.e.,cliffs,dunes,geological formations,etc.) NO DYES • Specific land forms: El El OYes EJNo i Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) NO YES Examples that would apply to column 2 • Developable area of site contains a protected water body. M El 17Yes M No • Dredging more than 100 cubic yards of material from channel of 1:1Yes No a protected stream. • Extension of utility distribution facilities through a protected water LJYes No body. • Construction in a designated freshwater or tidal wetland. riYes No • Other impacts: El Yes 11 No 4. Will Proposed Action affect any non-protected existing or new body of water? ®. NO DYES Examples that would apply to column 2 • A 10%increase or decrease in the surface area of any body of Yes r1No water or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface Yes oNo area. • Other impacts: DYes No Page 12 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 5. Will Proposed Action affect surface or groundwater quality or quantity? ENO YES Examples that would apply to column 2 • Proposed Action will require a discharge permit. Yes F1 No • Proposed Action requires use of a source of water that does not Yes D No have approval to serve proposed(project)action. • Proposed Action requires water supply from wells with greater El 17E]Yes M No than 45 gallons per minute pumping capacity. • Construction or operation causing any contamination of a waterEl M Yes 11 No supply system. • Proposed Action will adversely affect groundwater. 1 Yes MNo • Liquid effluent will be conveyed off the site to facilities which El El Yes 11 No presently do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons D Yes M No per day. • Proposed Action will likely cause siltation or other discharge into R Yes D No an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or El Yes E No chemical products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without Yes ri No water arid/or sewer services. • Proposed Action locates commercial and/or industrial uses 7 17 Yes DNo which may require new or expansion of existing waste treatment and/or storage facilities. Other impacts: El El Yes 0 No I i i i Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change 6. Will Proposed Action alter drainage flow or patterns,or surface water runoff? 17 NO YES Examples that would apply to column 2 • Proposed Action would change flood water flows Ful M Yes [i]No • Proposed Action may cause substantial erosion. � F-1 Yes MN No • Proposed Action is incompatible with existing drainage patterns. ■ M Yes No • Proposed Action will allow development in a designated 0 Yes M No floodway. • Other impacts: Yes E]No IMPACT ON AIR 7. Will Proposed Action affect air quality? NO i YES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any 0 Yes MNo given hour. • Proposed Action will result in the incineration of more than 1 ton El M MYes F7 No of refuse per hour. • Emission rate of total contaminants will exceed 5 lbs.per hour MYes R No or a heat source producing more than 10 million BTU's per hour. • Proposed Action will allow an increase in the amount of land EJ Yes No committed to industrial use. • Proposed Action will allow an increase in the density of ElYes F1 No industrial development within existing industrial areas. • Other impacts: M Yes nNo i IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? E NO YES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or D Yes ED No Federal list,using the site,over or near the site,or found on the site. Page 14 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Removal of any portion of a critical or significant wildlife habitat. 17 0 Yes 17 No • Application of pesticide or herbicide more than twice a year, El M Yes MNo other than for agricultural purposes. • Other impacts: El El Yes 11No 9. Will Proposed Action substantially affect non-threatened or non- endangered species? El NO El YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident ® E]Yes M No or migratory fish,shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of M Yes 17No mature forest(over 100 years of age)or other locally important vegetation. • Other impacts: El El Yes E]No IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? L NO YES Examples that would apply to column 2 • The Proposed Action would sever,cross or limit access to 0 F7Yes 17 No agricultural land(includes cropland, hayfields, pasture,vineyard, orchard,etc.) • Construction activity would excavate or compact the soil profile of ED M Yes M No agricultural land. • The Proposed Action would irreversibly convert more than 10 El 17 Yes M No acres of agricultural land or,if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • The Proposed Action would disrupt or prevent installation of El El F Yes 11 No agricultural land management systems(e.g.,subsurface drain lines,outlet ditches,strip cropping);or create a need for such measures(e.g.cause a farm field to drain poorly due to increased runoff). • Other impacts: Yes No IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources?(If necessary,use the Visual EAF Addendum in Section 617.20,Appendix B.) FNO ElYES Examples that would apply to column 2 • Proposed land uses,or project components obviously different El 0 Yes E]No from or in sharp contrast to current surrounding land use patterns,whether man-made or natural. • Proposed land uses,or project components visible to users of El r Yes EI No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or Yes J No significant screening of scenic views known to be important to the area. • Other impacts: I® Yes E]No I IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? IRE NO ElYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or 0 F E]Yes No substantially contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within EJ 0 E]Yes rl No the project site. • Proposed Action will occur in an area designated as sensitive El El E] Yes 17 No for archaeological sites on the NYS Site Inventory. Page 16 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Other impacts: El Yes 0 No IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? NO EllYES Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity. © Yes O No • A major reduction of an open space important to the community. •E] Yes 0 No • Other impacts: 0 0 0 Yes 0 No IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area(CEA)established pursuant to subdivision 6NYCRR 617.14(g)? M NO El YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? El F Yes FINo • Proposed Action will result in a reduction in the quantity of the El F] Yes 0 No resource? • Proposed Action will result in a reduction in the quality of the D E]Yes No resource? • Proposed Action will impact the use,function or enjoyment of the El El E]Yes No resource? • Other impacts: El El Yes ONo Page 17 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? E] N O F]YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or 0 Yes F1 No goods. • Proposed Action will result in major traffic problems. El 17 Yes M No • Other impacts: El El Yes No IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? El NO E]YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5%increase in the 0 Yes No use of any form of energy in the municipality. • Proposed Action will require the creation or extension of an Yes rl No energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts: E 0 Yes E]No i I NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise,or vibration as a result of the Proposed Action? ■ NO E]YES Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital,school or other sensitive Ej F11 Yes rl No facility. • Odors will occur routinely(more than one hour per day). E M Yes L No • Proposed Action will produce operating noise exceeding the El 17,Yes F7 No local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a Yes El No noise screen. • Other impacts: El Yes 1:1 No Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? El NO 17,YES • Proposed Action may cause a risk of explosion or release of El Yes 1:1 No hazardous substances(i.e.oil,pesticides,chemicals, radiation, etc.)in the event of accident or upset conditions,or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" I® Yes FINo in any form(i.e.toxic,poisonous, highly reactive,radioactive, irritating,infectious,etc.) • Storage facilities for one million or more gallons of liquefied El Yes E No natural gas or other flammable liquids. • Proposed Action may result in the excavation or other El r,7 E]Yes M No disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: El 11 ElYes [--]No i IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? E NO EYES Examples that would apply to column 2 • The permanent population of the city,town or village in which the El n DYes 17 No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating r7Yes 0 No services will increase by more than 5% per year as a result of this project, • Proposed Action will conflict with officially adopted plans or Yes O No goals. • Proposed Action will cause a change in the density of land use. 0 ! Yes M No • Proposed Action will replace or eliminate existing facilities, 0 Yes r7 No structures or areas of historic importance to the community. • Development will create a demand for additional community 0 0 Yes D No services(e.g.schools,police and fire,etc.) Page 19 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated by Impact Impact Project Change • Proposed Action will set an important precedent for future El 0 Yes F No projects. • Proposed Action will create or eliminate employment. 0 Yes F No • Other impacts: El D Yes No 20. Is there,or is there likely to be,public controversy related to potential adverse environment impacts? [H]NO r7YES 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 Page 20 of 21 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s)is considered to be potentially large,even if the impact(s)may be mitigated. Instructions (If you need more space,attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available,decide if it is reasonable to conclude that this impact is important. To answer the question of importance,consider: ! The probability of the impact occurring ! The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact ! Its potential divergence from local needs and goals ! Whether known objections to the project relate to this impact. Page 21 of 21 _ Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/20/06 Receipt#: 26279 Transaction(s): Reference Subtotal 1 1 Park& Playground 109-6-9. $21,000.00 Check#: 26279 Total Paid: $21,000.00 111'3 'C ' 2 1 S .. aw�d.Jltn1'iNteFfra+r'11nrttT'Hn°A'•!:T.e'.NbH':M•,uiY. Name: Old, Orchard @ Cutchogue By Manzi P O Box 702 Rocky Point, NY 1178 Clerk ID: LINDAC Internal ID: 109-6-9.1 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 09/20/06 Receipt#: 26278 Transaction(s): Reference Subtotal 1 1 Application Fees 109-6-9. $500.00 Check#: 26278 Total Paid: $500.00 �.tyZfsAi,irY a�urdo#.C°igH+" 44 �pI sEP 2 2ao6 Ikj . Name: Old, Orchard @ Cutchogue By Manzi P O Box 702 Rocky Point, NY 1178 Clerk ID: LINDAC Internal ID: 109-6-9.1 MAILING ADDRESS: PLANNING BOARD MEMBERS pF $p�jy P.O. Box 1179 JERILYN B.WOODHOUSE ��V` Ol0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS � Town Hall Annex MARTIN H.SIDOR G • Q 54375 State Route 25 GEORGE D.SOLOMON l (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND ��'�UNTI,� 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: September 20, 2006 Re: Checks Enclosed herewith are the checks listed below. Please return a receipt to us. Thank you. Project Name & Type Tax Map # Amount Date of Check Pope Lot Line Change 126-4-15.1, $500 app fee 8/21/06 16.1 & 17.1 Kru ski Subdiv. 100-2-3 $500 app fee 8/28/06 Flower Hill Subdiv. 69-3-10.1 $1,100 & $12,900 P&P 9/6/06 $4,532.76 adm. Old Orchard at Cutchogue 109-6-9.1 $500 app fee 9/5/06 Std. Subdivision $21,000 P&P Oregon Landing II Cluster 95-1-5 $500 app fee 9/5/06 Conservation Subdivision $10,500 P&P LR enc. THIS R SUBDIVISION IS FOR INON _9ACRES LOCATE Ol SCT1V1z 1000- o -0C9 -oo9 . pV IN h A.) MINOR SUBDIVISION (NO ROAD) it e &�c �P �G ✓ C�o�mplete ap Ktion re eiPved� Application reviewed at work session ro C? +n OK � ,wo•c OK a + Applicant advised of necessary revisions Revised sub mission received uo-� ixro. OK q, 7 A Q 07K Sketch plan n approval -with conditions r+ j Lead Agency Coordination SEQRA determination r d Sent to Fire Commissioner Receipt of firewe11 location i t � � Notification to applicant to include on final map C � y d Sent to County Planning Commission i �_ixro� OK d CN Receipt of County. Report ixro.1 OK o Review of SCPC report Draft Covenants andPZM Restrictions received s � ° o C Draft Covenants and Restrictions reviewed M7 oK Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval . Final Public Hearing Approval'of subdivision -with conditions tr'ndorscment a, i PI ANNING BOARD MEMBERS �OSVFFO��C BENNETT ORLOWSKI,JR. ��O OGy Town Hall, 53095 State Route 25 Chairman C 1 P.O. Box 1179 WILLIAM J.CREMERS Southold, New York 11971-0959' KENNETH L..EDWARDS $ T Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. ,L Fax(631) 765-3136 RICHARD CAGGIANO y � I PLANNING BOARD OFFICE TOWN OF SOUTHOLD i i I Subdivision Application Form I Name of Subdivision: 01 o 6 2 e,.yA v,0 A 7- CvTGNp Suffolk County Tax Map # 1000- /oq - 06 - ov g-oe/ Type of Subdivision: Major nor I Yp J �� Set-Off Lot-Line Cluster Subdivision: Yes Hamlet: ic.yD,6 e Street Location: j/9 s 6- A Acreage: Number of Lots: Zoning District: Date: Please list name, mailing address, and phone number for the people below: Applicant: /Y)Atiz1 Agent handling the application: (Contact Person) G 3 e/ Property Owner(s): PW G. 1)7A/V z 12/Z,�Y-0 Co 0 4G PA ire 1�9,0,z Surveyor: TA AL Al- Engineer: . �J�¢�� ,t 0 9 X Sh°m2F.YAs m., /I!y• /1-?.K Attorney: jV ze"�50-"A,040 6�SIQ. Other Agent(s)- i Has this property had a previous application to the Planning Board? Yes Has this property previously received a SEQRA review? Yes Have you had any pre-submission conferences with the Planning Board? Yes Does this application have variances from the Zoning Board of Appeals? Yes Appl. No. Date Is this property adjacent to any bodies of water? Yes Are there any wetlands on the property? Yes Are there public water mains in an adjacent street? es No Is public water proposed for the subdivision? es No Is the majority of the property forested? es No Is any part of the property in active agricultural use? Yes Is there an existing or proposed sale of development rights on the property? Yes Is there a mortgage on the property? Yes Does the owner own any adjacent properties? Yes Are there any building permits currently pending on this property? Yes Signature of Preparer Date t To Whom It May Concern: I, Richard Manzi, Trustee of Joseph G. Manzi Irrevocable Trust dated 3/28/99, hereby authorize Jeffrey T. Butler, P.E. to act as my agent on the property of SCTM #1000-109-06-9.1 in Cutchogue, NY, and handle all necessary work involved in the subdivision process with the Southold Planning Board. 7 Signature: � ��/'/� �� %l?�l✓i Sworn before me this day of November 2001 ROSALIE SALEMME NOTARY PUBLIC,State Of Neer Y01% 01-SA4800818 QuaGfled in Suttoik Cana COmmts*n Expires January 31 00 • Al�rr.lc�►N•t� • TRANSAC XONAC, A.ISCLOMMR FQRH 'Pile Town of Southold's Code of Ethics 1rohib.its conflicts of interest on the purl, of townofL•lcers. and employees. The purpose of this form is Lo provide Information which can alert the town of possible conflicts of interest and allow it to take' whatever action is necessary to avoid same. YOUR NAHI : Al !1!CAl21--) AS .d fgc Mast name., first 'name, middle initial,' •unless you are applying in .the name of someone else or other entLty, slich as a Company. If so, LndlcaLe the other person's or comtzany's name. ) NATURE OF APPC.ICATIONv (Check all. that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or oC(l.ctat map, Other (If "Other, , name the activity. ) Do you personally '(or througfi your company, st)oune, sit).linq, parent;,. or child) have a relationship with any'. oCfleer or employee of the Town of 8outhold7 -Relationship" Includes by blood, marriage, or Uusiness intereati . "rtusinesa Interest" means a busineva, including a partnership, In which the town officer or 'employee has even a partial ownership of (oz-employment by) -a corporation In which the town officer or employee owns more than .5% of 'tile — sbares. YES NO If you answered "YES," complete the balance of this •form and date and sign where indicated_ Name of person-employed by the l'own o'E Southold Title or position of that -person Describe the relationship between yourself (tile applicant) and the town officer or, employee. Either check the appropriate line A.) through Q) and/or describe yin the space provided. The town officer or_ P_mployl?P_ or Iris or her spoi►se, sibling, parent, or child is (check all.. that apply) r A) the owner of greater than •5% of the sha.re.s or the corporate. stock o•C•.the••xppl l'cant (when Afie-applicant . ie a corporation.); _ B) the legal or. beneftc La.l owner of any interest.. l.n a noncorporate enilty (when the. applicant is not a corporation).; C) an officer, director, paf:Lner, car employee of the applicant; or ' A) the actual appticant. DESCRIPt.-ION OF RELATION.S1111' 511hml l:L-ed ,Litt. _(i_day of/yh✓ }q4 CONSULT YOUR LA4*01;E THIIINSTRUTAENT-7HIa INSTRUMENT SHOULO 0 LAW,VMONLY THIS INDENTURE:',made the c;77 orb day of 1( °4;1WfeA 2001 BETWEEN RICHARD K. . CASE, residing at 4526 N 2nd Avenue, Pheonix, Arizona B5013 patty of the first part,and. RIC13= R. MANZI_ na•Tiiiat& of the Joseph 0. Manzi Irrevocable Trust.f,prrp 419100, '701 Reu7z zSA, Racxy Poinr At y /1 77d party of the second part, WITNESSETH,that the party of the first part,In consideration of Ten Dollars ($10.00) and other valuable considerations XWkNx paid by the party of the second part,doss 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 jilot,pla.c a.or parcel of land,wilIN'the buildingti•and Improvements there6n'ef6cted,situate, lying and beingkkkar at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as followst See Schedule A Attached Hereto And Made A Part Hereof -BEING AND INTENDED TO HE the lames premises conveyed to the party of the first part, as deviaee..,under the Last Will and Testament of Ralph H. Case by Deed dated 4-.A0-86 and filed in the Office of the Clerk of the County of Suffolk on 5-18-86 in Libor 20036 of Deeds at-Page 470. TOGETHER with all right,title and interest,If any,of the party of the first part In and to any streets and roads abutting the above described promises to the center lines thereof;TOGETHER wish the appurtenances and all 716e,estate and rlphle of the party of the Iirst,party in and to said•pramisda;TO HAVE AND TO HOLD the premises herein granted unto th party of the second part,the heirs or successors and assigns of the party of ."..the second part forever. ._... AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered In any way whatever,except as aforesaid. AND the party of the first part,In compliance with Seotlan 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this corrveyance•and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cast of the Improvement and will apply the samo first to the payment of the coat 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"when ever the sense of this Indenture so requires, IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: R' and K. Case To 13E USED ONLY WIJEN THE ACRNOwLEOOMENT IS MADE IN NEW YORK STATE Standard N.Y.S.T•U,rorgi eon•Bargain and Sale Deed,with OovaeMt pgalnrtt or4ntaea Acts-Unllarn,Acknowk,dgmwx " Form 3290 Slam of Now York,County a' as: State of New York,County of ss: On the day of in the year On the day of in the year before ma.the undere[aned,personally appeared before me,lho undersigned,personally appeared personally known to Ins or proved to me on the baste of personally known to me or proved to me crt the basis of 5allsfactory evidence to be the Individual(d)whose name(syle segsfaelory evtdenoe to be the individual(s)whose name(s))a $W10 subscdbed to the within Instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me [hat helJi6B)W executed the same.In hlelb1fd1= me that helshalthey executed the same In hislnarAholr capaoity(f176), and that by h1wBI U1tOM signeture(IQ on the capacity(teh), and that by his/hedthair signalure(s) on the instrument,the Individuat(A),or the person upon behalf of which instnment,the indlvldual(a),or the person upon behalf of which the Indiv(duat(Itj acted,executed die Instrument. the(ndlvldual(e)*clod,executed the Inetlumenl. (signature and office of Indldduel taking ucknawledgment) (signature and office of.indivlduaf talon t acknowledgment) NOTARY PUBLIC To Or!US ONLY WHEN IdE ACKNS?WLEDOMENT 10 MADE OUTSIDE NraW YORK STATE Slate(or Olattiet o[Columble,Terdlory,or Foreign Country)of Arizona. ar. On the t4~40 day of November In the year 2001 before mg,the undersigned,personally appeared RICHARD K. CASK personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(c)whose name(s) is(are) aubichbad to the within Instrument end acknowledged to me that helshelthey executed the same In h(s/herAheir capacity(les),and that by his/herAheir signature(a)on Ihe-Instrument,the Indivldual(s),or the person upon behalf of which the individual(a)acted. executed the instrument,and that such Individual made such appearance before the undersigned In the ci, .or In MAILIWA COK41 _A114-111, 4 _ (Inert the City or other polillcal subdiviSlon) (and Insert the State or Coun or other place the aokoowtedgmenl was;taken) HECT9ggR��METpA�� rsi�t nature and ollica of Individual taking acknowledgment) N6TARYCOPAICI ONA NOTARY PUBLI • tty Cmsa Ver Jrn.18,t!1i011 lm BARGAIN AND SALE DEED BL CK SECTION 06.000 WITH COVENANT AGAINST GRANTOR'S ACTS LOT 009.001 COUNTYORTOWN 1000 TIIIeNo. STREETADDRESS NofCaseLane/New Suffoll Richard X. Case Cutchogue,NY 119igad TO ' Recorded at Request of Richard R. Manzi as Truites of thd. COMMONWEALTH LAND TITLE INSURANCE COMPANY Joseph G. Manzi Irrevocable Trust RN BY aTANDARD PORM OP NEW YORK eoARD OPTRLa UNDERWRITERS• Steven E. Lpsquadro, Esq. ots�ibulydby _ One Reeves Road Commonwealth Port Jefferson, New York 1177 •I.w7AureGCNr.Nv . CommomwUL111 t"D Yrns[inummal Cabman ReaERild Ttae SPACE FOR Usi aF agooRouto OFFIdE ' ' Xan M de Inslrrance Compagy of New Title No.LIr0001620-NYS 9-r,ETEAULE AI.L that certain plot,piece or,parcel of land,situate,Iving and being at Cutchogue in the Town of Southold,County of Suffolk and State of New York,more paeticularly bounded and described as follows: BEGINNING at the intersection of the westerly We of New Suffolk Road(or Lane)with the northerly line of Cedars ]toad; RUNNING THENCE along the northerly line of Cedars Road the following two courses and distances: !...South 80 degrees.19.minutes 30 seconds West,1.69.70 feet; 2. South 73 degrees 39 minutes 50 seconds West,153.95 feet to lands of Caberon Properties,Inc.; (HENCE along said last mentioned land the following 8 courses and distances: 1. North 09 degrees 19 minutes 30 seconds West,198.76 feet; 2. North 80 degrees 06 minutes 40 seconds East,69.85 feet; 3. North 09 degrees 53 minutes 20 seconds West,112.72 feet; 4. North 77 degrees 53 minutes 30 seconds East,85.97 feet; 5. North 09 degrees 53 minutes 20 seconds West,373.95 feet(deed)353.50 feet(actual); 6, North 63 degrees 12 minutes 40 seconds West,190.17 feet(deed)201.84 feet(actual); 7. North 38 degrees 27 minutes 20 seconds West,204.74 feet; 8. South 69 degrees 31 minutes 30 seconds West,72,24 feet to the easterly line of Case's Lene; .HENCE along the easterly line of Case's Lane,North 17 degrees 00 minutes 00 seconds West,73,36 feet to lands of hviatacha; 'HENCE along lands partly of Sw3atoeha and partly of Mlllus,the following courses acid distances; 1. ,North 78 degrees 59 minutes 20 seconds East,211.8.1 feet; 2. .Notth 80 degrees 06'minutes 4.0 seconds East,293.07 feet to the westerly line of New Suffolk Road; 'HENCE along the westerly line of New Suffolk Road,South 09 degrees 53 minutes 20 seconds East,343.60 feet to ends of Richard L.Horton; 'HENCE alcng said last mentioned land South 80 degrees 06 minutes 40 seconds West,150 feet to a point in lands erein described; HE11'Cl;partly along the lands of Richard L.Horton,A.F.Cain,C.Novitt and Axin(formerly Sauer),South 09 agrees 53 minutes 20 seconda.East,5.00 feet; IiENCE from said point North 80 degrees 06 minutes 40 seconds East,150 feet to the westerly line of New Suffolk ,ad; HENCE along the westerly line of New Suffolk Road,South 09 degrees 53 minutes 20 seconds East,172,10 feet to e point or place of BEGINNING. The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises,which by law constitute real property. DR Together with all the right,title and interest of the party of the first DNYEYANCES part,of,in,and to the land lying in the street in front of and NLY adjoining said premises. j CONSULT YOUR LA00RE.al"INQ THIS INSTRUTA60-IRIS INSTRUMENT SHOULD We LAWYERS ONLY THIS INDENTURE,made the -r� day of �o(1F�,+4'((�(�,e 2001 BETWEEN RICHARD K. . CASE, residing at 4516 N 2nd Avenue, Pheonix, Arizona 85013 party of the first part,and ' RICHARD R. MANZI. as Trustee of the Joseph G. Manzi Irrevocable Trust aj??W,O ,41100) '70/. ofcuTB.26B, Roan?ain/F, AlY /1 779' party of the second part, WITNESSETH,that the party of the first part,In consideration of Ten Dollars f 310.00? and other valuable considerations xlallarx paid by the party of the second part,does hereby grant and release ynto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,place or parcel of land,with the buildings and Improvements thereon erected,situate, lying and beingk9kar at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, .more particularly.bounded and described as follows: See Schedule A Attached Hereto And Made A Part Hereof BEING AND INTENDED TO BE the same premises conveyed to the party of the first part, as devisee under the Last Will and Testament of Ralph H. Case by Deed dated 4-X0-86 and filed in the Office of the Clerk of the County df' suffolk.on 5— S-86 in Libor 20036 of Deeds at-Page 470. TOGETHER with all right,title and interest,If any,of the party of the first part•In and to any streets and roads abutting the above described promises to the center lines thereof;TOGETHER with the appurtenances and all .'Hie estate and rlphfs of the party of the first,pad,In and to amid•premlees;TO HAVE AND TO HOLD the premises herein granted unto Ure party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part dovenanta that-the party of the first part has not done or suffered anything whereby the eaid.premises have been encumbered.In any way whatever,except as aforesaid. AND the party of the first part,In compliance with 9aouon 13 of the flan taw,covenants that the party of the first part will receive the consideration for this conveyance•and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the Improvement and will apply the samo first to the payment of the coat of the Improvement before using any part of the total of the acme for any other purpose.The word"part)/'shall be construed ae ff It read'Parties"when ever the sense of this Indenture so requires, IN WITNESS WHEREOF,the party of the first part has duly executed this dead the day and year first above written. IN PRESENCE OF: R' and K. Case TOisgusanom6y 'LEDGMENT IS MADE IN NEW YORKSTATE Standard N.Y.e.T.U.Form 8DD2-eergaln and Sale Daed,with GoveneM agcinaQlatriaes Acts-Uniform Acknowlad2meM Form 3200 • i Stweof New York,County ^ — es: Slate of.Now Yprk,Counlyof as: On the day of In the year On the day of in the year before me.the undersigned,peronally appeared before me,the undersigned,personally appeared personally known to me or proved to me on the bask of personally knows to me or proved to me on the basis of satisfactory evidence to be the Individual(d).whose name(gls ealisfactory.evidence.to be the Individual(s).whose name(s)is X910 subscribed to the within Instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that h91AWjW executed the same.in bis)@JA M me that helsheAhey executed the same In hlslherAhetr capaeity0j), and that by hiafflAfllEdtOi signeture(10 on the capacily(tec), and that by his/her/their signatures) on the Instrument,fie Indlvldual(iK,or the person upon behalf of which tnalniment,the indlvldual(a),or the person upon behalf of which the Individu ft acted,executed the Instrument the Indlvldual(s)acted,executed the Instrument. (aignalure and office of Individual taking acknowledgment) (signature and office of.individual leddng ackrowledgment) NOTARY PUBLIC TO BA USEb ONLY WHEN JHLI ACKN WLEDQMENT IS LAADE OUTSIDE NEW YORK STATE Stale(or Diatric(of Columbia,Territory,or Foreign Country)of Arizona. es: On the 'pop day of November in the year 2001 before rne,the undersigned,personally appeared RICRARD K. CASE personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(e)whose name(s) to(are) subscribed to the within Instrument and acknowledged to me that helahef hay executed the same In hatherAheir capacity(les),and that by hisMar/their Signature(s)on the Instrument,the Indivlduah(s),or the person upon behalf of.whlch the individual(e)acted, executed the Instrument,and that such Individual made such appearance before the undersigned In the ._.... GtY atR ratd,�dtZt. -.... .•. m MAtrf.aegA �sOrAn17 A'w'rraJn (Insert the City or other political subdivision) (and Insert the Stato cr Count a other place the acknowledgment was taken) HEIR MEU �slpnature and otlica of Individual taking acknowledgment) NOTARYPU iCARRONA NOTARY POBCIC MARIC0 OOU t1YComm {nIJN.ttl, 11Q1 109. BARGAIN AND SALE DEER BLOCK SECTION 06.000 WITH COVENANT AGAINST GRANTOR'S ACI'S LOT 009.001 COUNTY OR TOWN 1000 Title No. t STREETADDRESS NoYCaseLane/New Suffol) Richard X Case Cutchogue,NY 119isad TO ' Recorded at Request of Richard R. Manzi as Trui5t:es of tlld; COMMONWEALni LAND TITLE INSURANCE COMPANY Joseph G. Manzi irrevocable Trust RN BY aTANDARD FORM OP NEW YORK BOARD OPTnU UN0tRWR,TERB Dte��,lydby Steven E. Lpsquadro, Esq. One Reeves Road Commonwealth Port Jefferson, New York 1177 � +I.wnAarua auo+,+v . COSWaWWW111[AND Trns 142URANCR COraAPT RESERVE TNIII SPACE FOR UBE OF REcaRDINOOMCE ' Firer• , .�,,,,;_.......:.. •. can. -:77 3 Insurance Company of New or&" Title No.LI-00016269•MYS &qIFIEDULE"A" ALL that certain plot,piece or parcel of land,situate,lying and being at Cutchogue in the Town of Southold,County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at the intersection of Uwe westerly line of Now Suffolk Road(or Lane)with the northerly line of Cedars Road; RUNNING THENCE along'the northerly line of Cedars Road the following two courses and distances: 1. South 80 degrees 19 minutes 30 seconds West,169.70 feet; 2. South 73 degrees 39 minutes 50-monds West,153.95 feet to lands of Caberotr Properties,Inc.; [HENCE along said last mentioned land the following 8 courses and distances: 1. North 09 degrees 19 minutes 30 seconds West,198.76 feet; 2. North 80 degrees 06 minutes 40 seconds East,69.85 feet, 3. North 09 degrees 53 minutes 20 seconds West,l 12.72 feet; 4. North 77 degrees 53 minutes 30 seconds East,85.97 feet; 5. North 09 degrees 53 minutes 20 seconds West,373.95 feet(deed)353.50 feet(actual); 6. North 63 degrees 12 minutes 40 seconds West,190.17 feet(deed)201.84 feet(actual); 7. North 38 degrees 27 minutes 20 seconds West,204.74 feet; S. South 69 degrees 31 minutes 30 seconds West,72.24 feet to the easterly line of Case's Lane; 'FIENCT along the easterly lino of Case's Lane,North 17 degrees 00 minutes 00 seconds West,73.36 Poet to lands of Iwiatocha; HENCE along lands partly of Swiatoeha and partly ofMillus,the following courses and distances; 1. North 78 degrees 59 minutes 20 seconds East,211.81 feet; 2. North 80 degrees 06 minutes 40 seconds East,293.07 feet to the westerly line of New Suffolk Road; HENCE along the westerly tine o£1!14+!;Su o.L'c Road,South,09 degrees 53 minutes 20 seconds East,343.b0 fee to ends of Richard L.Horton; 'HENCE alcng said last mentioned land South 80 degrees 06 minutes 40 seconds West,150 feet to a point in lands erein described; HEI\C partly along the lands of Richard L.Horton,A.F.Cain,C.Novitt and Axin(formerly Sauer),South 09 agrees 53 minutes 20 seconds East,500 feet; HENCE fxom said point North 80 degrees 06 minutes 40 seconds East,150 feet to the westerly line of New Suffolk :,ad; BENCE along the westerly line of New Suffolk Road,South 09 degrees 53 minutes 20 seconds East,172.10 feet to e point or place of BEGINNING. The policy to be issued under this report will insure the title to such buildings and improvements erected on the premises,which by law constitute real property. DR Together with all the right,title and interest of the party of the first DNVEYANCES part,of,in,and to the land lying in the street in front of and NLY adjoining said premises. PART 1—PROJECT INFORmHTION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effr on the environment. Please complete the entire form, Parts A through E. Answers to these, questions will be Consider as part of the application for approval and may be subject to further verification and public review. Provide any additioi information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invo new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and spec each instance. NAME OF ACTION LOCATION OF ACTION(Include Street Add ss, Munlclpallty and County) 64.0 Al NAME OF APPLICANTISPONSOR p p BUSINESS TELEPHONE ADDRESS STATE ZIP CODE • CITY/PO IV 11796 NAME OF OWNER(If differen / BUSINESS TELEPHONE �/o56py �. 7e 7 (6 ) 7,W-/03 ADDRESS 7 124- 2-5�4 STATE ZIP CODE' CtTYlP a n DESCRIPTION OF ACTION Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project,both developed and undeveloped areas. 1. Present land use: ❑Orban Olndustrial ❑Commercial esidential(suburban) ORural(non-h ❑Forest OAgriculture . ❑Other 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETIO Meadow or Brushland (Non-agricultural) V' acres acn 3�a r Forested acres ac• Agricultural (Includes orchards, cropland, pasture, etc.) acres acr, Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acr Water Surface Area acres acr Unvegetated (Rock, earth or fill) acres acr Roads, buildings and other paved surfaces acres a 1 acr Other (Indicate type) 2.4 eve s,,AOee acres 0 S act 3. What is predominant soil type(s) on project.sitef j` S��t- , ..5A"I/0 1"Z-2, a. Soil drainage' OWe11 drained oa % of site ❑Moderately well drained % of site ❑Poorly drained 96 of site b. if any agricultural land 1s invotyed, how many acres of soil are classified within soil.group 1 through 4 of the Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes a. What is depth to bedrock? (in feet) 2 5. Approximate percentage of proposed project site with slopes: l_�TO-10% 0�® % ❑10-15% 015% or greater % 6. Is project substantially contiguous to, or c�onnXin a building, site, or district, listed .on the State' or the National Registers of Historic Places? ' OYes CAO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes do 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? O es ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑Yes 2110 11. Does project site contain any species of plant. or animal life that is identified as threatened or endangered? Oyes G44o According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs; dunes, other geological formations)- OYes 0 o Describe 13. Is the project site p sently used by the community or neighborhood as an open space or recreation area? OYes o If yes, explain 14. Does the present site clude scenic views known to be important to.the community? OYes 920 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? Byes ONo a) If Yes, does sufficient capacity exist to allow connection? es ' ONo b) If.Yes, will improvements. be necessary to allow connection? Oyes Klo 18. .Is' the site located in an agricultural dW' rict certified ;pursuant to Agriculture and Markets. Law, Article 25-AA, Section 303 and 304? ❑Yes Cd'N0 19. Is the site located in or substantially contiguous t� Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑Yes Otto - 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes PINo B. Project Description 1.. Physical dimensions and scale.of project(fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project.sponsor acres. b. Project acreage to be developed: acres initially; Y4/ .acres ultimately. c. Project acreage to-remain undeveloped O acres. d. Length of.project, in miles: If appropriate) e. -If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing ;.proposed g. Maximum vehicular trips generated per hour • (upon completion of'project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 10 Ultimately a . 1. Dimensions (in feet) of largest proposed structure height; 7S width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? t Sby ft. 3 .� . f f ar 2. How much natural material (i:e.,.rock, earth, etc.) will be removed trom the site? �— tbnslcubic yards C 3. Will disturbed areas be reclaimed? Yes ONO ON/A a. If yes, for what intended purpose is the site being reclaimed? 2A/►�®S�e�Pi� b. Will topsoil be'stockpiled for reclamation? es �No c. Will upper subsoil be stockpiled for reclamation? 1 es ONO l.� 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. - S. Will any mature ff est (over 100 years old) or other locally-important vegetation be removed by this project? OYes 21 o 6. If single phase project: Anticipated period of construction Z 197 months, (including demolition). :. 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑Yes ONO 8. Will blasting occur during construction? ❑Yes L�No " 9. Number,of jobs generated: during construction 6 ; after project is complete 10. Number of jobs eliminated by'this project 11. Will project require relocation of any projects or facilities? OYes If yes, explain 12. Is surface liquid waste disposal involved? OYes to ---- -- a.. If yes, indicate type of waste (sewage,. industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? Elles .ONO Type 14. Will surface area of an existing water body increase or decrease by proposal? OYes Cho Explain . 15. Is project or any portion of project located in a 100 year flood plain? OYes 0f0 16. Will the project generate solid waste? OYes O to a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ONO c. If yes,.give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes ONO e. If Yes, explain .17. Will the project involve the.disposal of solid waste? ❑Yes e3110 a: If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18.'Will project use herbicides or pesticides? Oyes ONO 19. Will project routinely produce odors (more than one hour per day)? OYes 2No 20. Will project produce.operating noise exceeding the local ambientnoise levels? ❑Yes CKo 21. Will project result in an increase in energy.use? MY-e's QNo If yes., indicate type(s) 22. If water supply is from wells, indicate pumping capacity. /'�/-� -- gallons/minute. 23. Total anticipated water usage per day Z 2-06' gallons/day. — 24. Does project involve Local, State or Federal funding? OYes two If Yes, explain 4 25. Approvals Required: Submittal Type Date City, Town, Village Board Yes ONo • 5060)411.510n/ City, Town, Village Planning Board , (<es ONo S ®&,an/ City, Town Zoning Board G'Yes ONo ��s3 0)✓1s0,4 �— City, County Health Department l3 es ONo ��r✓�7- s —�- Other Local Agencies OYes 217o Other Regional Agencies. OYes GKo State Agencies Oyes E<O Federal Agencies OYes Upo C. Zoning and Planning Information 1 . Does proposed action involve a planning or zoning decision? 21es ONo If Yes,-indicate decision required: Ozoning amendment Ozoning variance Ospecial use permit 95 bdivision Osite plan Onew/revision 'of master plan' ❑resource management plan Oother 2. What is .the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as.permitted by the present zoning? 4: ,:What is the proposed zoning of.the.site? we�- 4/4 5. -What is the maximum potential development of the site if developed as permitted by the proposed zoning? 7 !�v 7-;5 6. As-•the proposed action consistent with the recommended uses in adopted local land use plans? We's Ot 7.. What'are the predominant land use(s) and zoning classifications within a 1/, mile radius of proposed action? loe4�,.ra 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/ mile? es M 9. If the proposed action is the subdivision of land, how many lots are proposed?. a. What is the minimum lot size proposed? _ . Y©, o e-P•a f5p-�, 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes 0K 11. -Will the .proposed actioncreate a demand-for any community provided services (recreation, education, polic fire protection)?' Mes ONo a.. If yes, is existing capacity sufficient to handle projected demand? 2Yes ONo 12. Will the:proposed action result in the generation'of traffic significantly above present levels? OYes* . : a. If yes, is the existing road network adequate to handle the additional traffic? OYes ONo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adver impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Spo sor Name 5 ��/�e� %- v a ems. P Date 1 1 11'- 1 Signature Title _ yG•✓-O''-A, if the acts In the Coastal Area,and you are a state agency,complete the Coastal Assessment Form before proceedi with this assessment. 5 r Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 0 6/01/06 Receipt#: 25755 Transaction(s): Reference Subtotal 1 1 Application Fees 109-6-9. $1,000.00 Check#: 25755 Total Paid: $1,000.00 ..rv. ,,TSfySlpF'J:}'liLT.:::F.}.'f'!.l u vl!yIYIettH rw.ry'1. I J U N - 2 2006 'i Sr f=:,ard Pianni+;; Name: Old, Orchard @ Cutchogue By Manzi P O Box 702 Rocky Point, NY 1178 Clerk ID: LINDAC Internal ID: 109-6-9.1 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 JERILYN B.WOODHOUSE O_``��F SOUrjyOl Southold, NY 11971 ChairOFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR CA 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND D�yCOUNON'�A� Southold,NY �•` Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Elizabeth Neville, Town Clerk From: Planning Department JUN 1 2006 Date: May 31, 2006 Southoid Rein Clerk Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project SCTM # Amount Check Type # Old Orchard at Stand. Sub. 109-6- $1,000.00 25755 Cutchogue 9.1 Preliminary Appl. Fee enc(s). Town Of Southold �. P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/25/05 Receipt#: 22691 Transaction(s): Reference Subtotal 1 1 Application Fees 109-6-9.1 $250.00 Check#: 22691 Total Paid: $250.00 (A Name: -- I Name: Old, Orchard @ Cutchogue By Manzi For Suppl App Fee P O Box 702 Rocky Point, NY 1178 Clerk ID: LINDAC Internal ID: 109-6-9.1 MAILING ADDRESS: PLANNING BOARD MEMBERS ��rjF so yo Southold, Box 1179 1971 JERILYN B.WOODHOUSE Q �� Chair OFFICE LOCATION: WILLIAM J.CREMERS ,c Town Hall Annex KENNETH L.EDWARDS G �QQ 54375 State Route 25 EMARTIN GE D SOLOMON �OIy coU ,�t.` (cor.Main South d,NY Youngs Ave.) G Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM R�GIVE� MAR 2 4 2005 To: Elizabeth Neville, Town Clerk From: Planning Department a o� r-111 Clerk Date: March 24, 2005 Re: Check(s) Enclosed herewith is/are the check(s) listed below. Please return a receipt to us. Thank you. Project Name Project Type SCTM # Amount Check Old Orchard at Standard 109-6- $250. 22691 Cutcho ue Sub. 9.1 Supple. Appl. Fee t enc(s). **** RECEIPT " Date: 07/16/2002 Receipt# : <<Number>> Sc � Fee Code : Segra Review A0 9, Fee Type: Amount Paid : Received $750.00 Permit/Lic# : Name : Manzi, Homes Inc OieC*•e D Cv%C 14OG U e- P O Box 702 Rocky Point, NY 11778 Elizabeth A. Neville Southold Town Clerk 1 { : JUL IL9 2UUZ Town Of Southold P.O Box 1179 --• Southold, NY 11971 * * * RECEIPT * * * Date: 07/16/02 Receipt#: 14383 Transaction(s): Subtotal 1 Segra Review $750.00 Check#: 14383 Total Paid: $750.00 Name: Manzi, Homes Inc P O Box 702 Rocky Point, NY 11778 Clerk ID: LINDAC Internal ID:59796 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/08/02 Receipt#: 12167 Transaction(s): Subtotal 1 Application Fees $3,000.00 Check#: 12167 Total Paid: $3,000.00 MAR 112002 F')Outhoid Town L94,c9P1-v--7i oi�HOG u 4tl i a �a; Name: Manzi, Homes Inc Pob 702 Rocky Point, NY 11778 Clerk ID: JOYCEW Internal ID:50865 I I � , PRELIMINARY SUBDIVISION MAP OF OLD ORCHARD AT CUTCHOGUE SITUATED AT "N CUTCHOGUE 3 -(4 TOWN OF SOUTHOLD GD SUFFOLK COUNTY, NEW YORK NEW SUFFOLK ROAD 12C �z' OF w Y! > ETT. WATEA AVjj. I,ARIABLr WEI Rl�, Is oq-�� 172.10' S 3�2 E 7 L 7 7 I EFj`TED LOCAT1014 3F EXISTINIG 163f 0' J. SAII,I TARY 5KTEM SCALF 1 60 00* ry)p -0 0 0 VV7 N, AREA 4.619± ACRES ROP0-,F- FAA'I Aix, R„E gx APE n 7157512 Sa F QATT'EA SUFFOR MTV' DEPARIMENT OF HFALTH R HAPC HOP T E A,-R F'PE j- TIN �,IFLLI) "VSKIAL - -1 'CV,", DF Sr)UTIHOLL' HAUPPAUGE, N Y 1. DEC_ARANI� HAVE THF ro X A.EA Ol L QRWT 50o.00, kHEREIN RKEPRED TO AS TOWi) FOP COAKTAT n AREA APPPOVA[_ OF P� A! c� -ANS OR APPR�, L': T _',�JPD ',,'SIO 00 DEVELOAMT W; THE PPEM30) AREA CLE AR'40 20,!Il 34 AREA 'OF ct 15a 50' THIS IS TO CERTIF Y THAT THE PROPOSED RECTA SURD 0900 X 2 AS A COMM OF APMOV& By THE TOVYI OF LIE SUMMON CK L AS FOI,L,�V%S. ? IN VVITH A TOTAL OF LOTS WAS A?F`RCQD ON L I # 20 04' SC.FT I DEVELCPy[NT FOR DEVELOPMENT ArPOCAPOn, THE DECAI'MITS CCWNAq L THE ABONE DATE. WATER SUPPLY AND SEA'AGF [1:S710�:,AL FAC"LiPES 0 THAT TC SF( OF THE, SaITHMF? MV14 T T A, FURSUANT _11ON 4'C)fF- 5NQ T!ON - i I i MIST CONFOFR�4 TO CONSTRU STANDARDS IN E�_FF AT HE lr TIME Or CQI�STRIJCTON AND ARE SuBjECT TO SEPARATE PERMITS CODE, Cl SHOWN Cr� THE -FARING LiNAIS FCR, EACH _C'l VAUD tPPPOVED SlW09ON MAP ARE 05 1 OLlOWS -t �� ��- n ; �� r it 1 I PURSUANT TO THOS� STANDARDS THIS AFPPCVC SH,NNLL PE 5 ONLY IF THE REALTY SUBDIVISION / DEVFLOFVFNT M4F` iS Dj'.N FILED WITH THE COUNTY CLERK WITHIN ONE YE�117, OF THIS DATE. CONSENT -OR 'HIS SO F 7 (K 00%) IS HEREBY GIVEN F THE FILING OF THIS MAP ON W!A'':� k LOT 2CLIEARNCnWIT X7034 i LOT I CLEARING LIMIT 3C ")Q FT. (35 00%) 1 ,2.72' APPEARS IN THE OFFICE OF THE COUNT? C"-EPK IN �.J,T 71* N� ENDORSEME APPE fii, LOT 3 CLE CC' SQ.FT. (500��7) H A C Q I, "CIPOSED qRTII. CORDANOF VOTH PROVISIONS OF THE PUBLIC HEALTH LAW AN[' SC FT �50 ")07) NX r� 09 '�3;2c')I; N SUFFaK COW4TY SANITARY CODE i,,, LOT 4 CL,�AP�N,� _!Y.' uj AREA Q�LEAQI','. �-4'5 C' i "' , 'D SOFT C-D 8, THAT ACCESS TO LOTS 1.2 ANC 3 SHALL RE FROM NEW SUFFOLP C1C AVENUE, AND VIT 0 C THAT ACCESS TO LOT 4 SHALL Br FROM CASES LANE: AND 4� I A D. THAT NO CHANGES TO AN"' CF I-iF LDT LIHIFS 'vYTHI_'.UT PLANN!N�� DFINTOR, DWSION OF EN Lr; Bopr,6 AI" AND ` I v cE 4M T STOPYALTLP FUNOF P f Al TH� ALL DEWOPMENT OF ANN OP 4L 0' VHE LC7S I`% 'HE ',�jB')IVIQl0Ij .001, (s ' I I!E SHALL B� PETAIN'EP ON SITE 4�N[) SAl� BE THE N UIQ 00 0 M AF� uo PFSPONSIBUTY OF EAW PROIDEP4 OrTI-, ANr X. I I HEREBY CERVVY THAT -HIS PLAT FROM '1� T,) ANY CONSTPLIC 11 44,11, It F. P,,10P TION L T COMPLETED RY US ON AND T A C�Fopk Npy T Q�- A'L'7P RUNOFF FROV MONUMENTS HAVE BEEN SET AND SHOWN -.4-, SECUF-, APEA� 44,S -0. 5 CONSTP 0'_�' c LC 7',S PLAT ARE LICTIal A&All E-') THIF N-V ON THIS ALL I% C-ONFO� KFQJIREMENTS OF _-ON'NG D!STR -7 !CrI-, ST4TE DEFAF71`,��Nf OF ENVIP'!llP!T.n PRO UN N, LjNPFP TI�F PWASE P 57ATE POLI—l' %N11 -APi',i- FL'YiNAP SYSTEM (SPEDES) PROGIPAMI UrJ Q A71—_ _11�-_ ---- -0'�l Z -_; AND TI�PP ANF ASSIGNS SHIA! L SE —ES Q. BEHRENDT. � S kLIC171"ISE 00493T- /I I'L )L(,LAR4NT F)PTP- THESE CC`A%AN5, AGPEEMEN'C� AN(_ IN ANY AINP 4 A,L LEAKS TO OCCUP AN TS, TElj ANTS AN�'), OR LE S�_ OF THE 4Bt�VT_ Gj) I-5t—I DESCRIOLD PROKEPTY AIND SI14L I, -, PN Tr SURFCT SA�,AF F,�) L- 1 .414 — THE COWNMJS Aff) RESTPIMNS CONTM9 HEREA FAQUPE 2 THi 77 _7 DInAPATUTS, VEIR SUCCFSSU�P"- ANE/'C,- AS�,!,-N,S TO CONDIT!0fl IH[ THE "ATER SUPPLY(S) SEWAGE u I HEREPY CERTWY THAT AND InR I LEASES SHALL NOT QVAUDATE THEIR A A"?MGTICnSI1RUGADON ID THE ClSPOSAL YSTEM(S) FOP THIS PROJECT KRE DQrINFID P) VF I rj== AND REPRICIONS 9ASL-POP UNDER MY I'I"�ECT,ON U"ON A CARE[`,I_ I AlL 'O`N'FNANTS AND RES7P'CONS 'w 4 OF T H E CAND GROI,:�1-11HE_PFIN SHAI THOPOill STUD', OF THE SOIL, SITE Lc CONDITIONS, ALL LOTS, AS PROPOSED, CONFv"IelvI BE IN ADF�!TJON TO AND NOT 1; DERC,��tT ,�N O: LIMITATION jP,)N ANY PRTASTNS OF AM , SATE, AND RDFRM LAW5, OROVANCET AND 002 /I SI,:FFO.k COUNTA DEPARTMENT DF HEALTH, T -HE_ TTAKDARDS IN EFFECT IF - 0 (,ULATIONS 'N 7 ' _ T!%IF OF EXCU70N OF IHIS AGREEMENT, CONSTPUCTINJ A T EFF'[C -1 x OP AT THE Tq&F SU VH L AW� ORDn�ANC;S, A'T QP PEGUL A 1PNIC V 41 TED THEPEAMP BE RIMEK AMDED OP PROWLSA 1 5 TI41S DO-UYE�'I' I-- M,,DE TCTK PROVSQNS OF 41_1 LAK C) RE,��_'!PED OR R� THE* PRO01ONS TO RE INVORQQATED HERON AND ,Tj�� PE I N 7 7 1 REY ARE DIDNED TC HE INCOMPOPA'FC, A r YFFRF, HE AND MAD ART + -)UCH '.'LL)' AS 7H( SE 1 FGF TH HFPFOF, - FI, 0 TI-[ A7OF,FI.lFNVOlXn PESPWT�,�E 0_'VEk,�N' _ORHAoi F �"o 4 S SI-Al_� RE IN-' BN RIF TOWN OF SOULHOW, STATE X NFA Y'I�Y, P' REI,N UNCTIVE _lFr SSW) I OR P'N ANN CT�-,FP REMEDY IN EQj!T', OR Pl L,'�V`v -HE FAiLURE OF SAIL) -E E AGENCIES OF THE TOW! OF SAAHOt' ENFOP( THE SAI,lt SHALL N(') CASE ' S LANE BE lia"O TO arriCT THE VALIDITY '11;�) C,D`v7NAN' 10 MP ANIA LiAPI!_IT, Al-ATSOEVFP UPON THE J�Jr,IA Or SljcFOLF OR OFFICER OP i YPL''YH' THEREOF. T OFSE COAN&JS AND RESTRICTClab SHALL RUN AITH THE LAND AND SHALL BE RINDINT ON IT lVaAPMJj THUP SJCUSWRS AND n 4 ALLT ASSIGNS, AND XON PERSONS O� F,N'iTlFS " AIMING uNDE HEY �9. IF AN't ECT!ON, SUBSECTION, PAPACRAW '`, ALTE, PHRASE OQPRO"SCN OF 'Ll;:-SE COVENA•;T_ AINF F-FSl,';'ICOFiS SHALL BY A COUP- ,)F COIMP�._Tz_:_NT JURSDICTION, BF Q,1011,'ED L�_E�:AL, UNLAW�1_11L' It,)410 OR HELD TO RE UNCIMMIAMON0, W SAME SHALk N07 EFFECT !HE P, N 'T tl I VALIDITY OF THE COVENANTS AS A A<! F: OR ANN PAR' OR PPC)VISIO�� C A IN,' WAY IL I H�PFOF (,)THFP '�-44N THAT rAPT SO ADJLID��Pil TO BE L_ECAL, SITEJN!_AVvl_U_ INVALV, OR �lI`l,tN-_,"TU1k)%A._ FQRWAr DRIVE GROWK &AV) SAND BROW At TY WTP 111 GRAVEL SAW 01 TEE LA 7 PkI71III'll FINE T() I I I P4 L �3 R�:)A "J� , YMN SAND Si /X, Cyvv N Eil T( � ',_%'TD P ED 1�,A I 1-1 LI!,,%T F 0 P: PATH WAI JOSEPH G. MANZI, JR. IRREVOCABLE TRUST F ) UTE 2 5-- A 71, 7, �-I C K CONTACT: RICHARD MANZI f I W \` ` Q31A 742- 039 41y TO _)l TE MWIM SAND L C' TCW�� O�-- 50',JTEJOLD S,, �7 F L!N T Y NEA YORK Sk ENGINEERING By, JEFFERY T. BUTLER, P.E., P.C. BURTON, BEHRENDT & SMITH NOTES: P0 FOx 634 SHFE T lQ A SHOREHAM, N.Y M,'� 244 F MAN MEET PATCHDah NY H77,' S 16C Y41% STREET, SAYN'ILLE, NA 11782 TH'S SJrDIVr32'� AS TIPI�T S--C' Or WAY \I PHONE: (6300S-SS50, RUElyllOM4 FO 01 VIA361 IV1 A�P Me 04 LOT 9 PISTF CASES SLAM SC -LE. S N 0 TE_ E 4 E'�CCUNTEPFD 4.-' WAT�_R ENCC�L,Nl�_RFD T H _DT! :s :�CT P-40. EXTENfl"N K E Y fvl A P BE= SiRFACE SALE 1 -600' --- LDRAVwq BY: F,A TF �_il 0 6 I-S.C.T.r,l, N]0. 1 0 0 0 1 0 9 C)6 009 0 C L_E r'l C). C)t)--j C)2 7 AR I M „l - i LAND NOW OR FORMERLY SMATOCHA LAND NOW OR FORMERLY MILIUS •,`' AREA = 201,211 t S.F. 4.62t ACRES .'' ;...iZ...C.M'P:.,....,...,..........; .. .9 N .,• ..^... = �i SHED STONE DRIVEWAYN78°59'2O3:E N80°0 293.07 3�+�e w =1 .. 18'CYP 'FN E`b 't / r' `' r W1R FENCE WIRE FENCE ...........-------- WOOD f1ENCE CURBING ------- i Z < ,S,1:t '•,..... i.1 SOUTH E 1.4 SOUTH .4 SOUTH 0.2 SOU z TMNC ! •,3px..�NE ;•,.rF �M........., a •.. � N 1H N1RE YPOD 0 CURB .' •r" .J,,7 SOU Q "22"CYPRESS I L�w, .c��.....•:t ... b.., j' p....w..r. ... 73.36 i. i I i '', TMN 20'„CIPRESS e I ♦t i _ i:1I ...� .'I S lt: t.'*.,r,,,,• [ fit ,..i Q )�• j`{ LLJ j�i .,.�„Y " Gl}'cMRC''. s'?. {.................... i Sv\ '•,, 4'\., "..�. 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'`",r9c Y J a ! 150.00 o WIRE FENCE O i$2.7'S. 7.6'E. r•"•� m O t .��f i •�" ,O [Lo fir. I LAND NOW OR FORMERLY HORTON `M T f> e V• 1 1 { C.L.F. 0.9'EAST LAND NOW OR FORMERLY LUKERT 'f Ix I 18'LOCUST z� I� LAND NOW OR FORMERLY CABERON PROPERTIES,INC. ,J _ 28'OAK IX EAST Q O 's LAND NOW OR FORMERLY PRECHT Y ; _I a TRIPLE 28"LOCUST O is 1 � e LL^ FND EeP O [n N N BRIGK AREP, 5 •; 2O'EAST Ld z $. Z N77°53'30"E '.k" LAND NOW OR FORMERLY TRUE ..r•.• .•�'•. ,7",.. 18"CYPRESS i 1 TRIPLE 20'CYPRESS FND C.M. 3 22"CYPRESS 0 J W a L`o0 Wo M II W z OwW W=Z Ln N 0 ct Q 0 z- �.L� `-' " .N"'••• LAND NOW OR FORMERLY KELLY <a_ LiJ O f/)�W w cy O W '••....,......... ,............................,.„ C9 H N ° cl Ap, 0 m p Cl O U F-IW m .......iq,...•",....�... O ~ ,• R51 b w z N o o N o N'80°06340"E Q J rn N Z Q¢to �. 18"LOCUST �s o z a m N8()°016'40"E 15Q:'00 1 C.M. W Z J f!1 O Q.. 30"LOCUST ) ._t . N O =H=�'F :'f 18'LOCUST Z Q 1Wj,0 U 0 Z LO• ....,,.................. :. z ¢w CL z w Q Q O O rn 10 ............:... � oo zomooWQ 0o= 0Z am 0 ......... :: f O p Q p d J J 20'CYPRESS `* '-' w ......... 0 , , � X J N J-]N Z m ..... O W J }�< LLJ Q Z H0 ��m�I—Z .10........• W �W NSF-w—� 0 'f' f' ^ Nw o �� M ,;: O Ua O O w z ,... 20'LOCUST .................14E-11..w...,.......,. ! ,• M zw oN0 W W e �• 0 Q w- W 18'LOCUST Z O -N t FO z 0 O F- Ul o Zr .•..,,„....w....w............�.....2p'LOCUST. ,...: CJ - Q Z �, !30'CYPR'SS N U Q w w O 18"LOCUST 'r,. ,-,.•' � ¢ Q U D a m O V¢ 1LY CYPRESS ,. +i ,r L1LC0-6 o LLJ o z z Lam, ,::> ie`CYPRESS 1 3 95 .......S.80`1"g�,0„ 69.70+` z w a a a F ,5 „W 4ri1- 5 ulco-1 1 ' O z O w ow I a� OQQwaw S73° 0 — w w a a x " �. um.POIE ,,.,,,,,,,.„• K O u) W ° EDGE OF PAVEMENT ASPHALT PAVEMENT 1 Z d N Kj p J O z ....8,....,........ EDGE OF PAVEMENT f SIGN 0 0 Q CC J W N J am_ _gi U11L.POLE a l .....""' + EXISTING STRUCTURES NOT SHOWN ARE TO BE REMOVED x w �r o¢ z�f- Z Lr�13 NN���N [� QD z >z `L cNi) r? C (60'MADE RIGNT-�'WA� +`O" l X =w �om�zo CEDAR) Q W ~r m J Q Z > N Q W_J d w ILL) Z W f=- F=--m �z0<=UJ SCALE: 1 " = 60.00' BURTON TOPOGRAPHIC SURVEY OF DESCR BED PROPERTY NO DATE ITEM DRWG. BY: B.P.C. NOTICE CHK B E H R E N DT SITUATED AT 1 9/14/05 ADD TREE LOCATION (18" OR GREATER) DATE: BY:U E,620 THIS DRAWING, PREPARED FOR THE SPECIFIC DATE: JUNE, Zoos SMITH PROJECT INDICATED, IS AN INSTRUMENT OF FILE o: 05-261 PC C U T C R O C U E, SERVICE AND THE PROPERTY OF BURTON, BEHRENDT & SMITH, P.C. INFRINGEMENT VO OR ANY USE OF THIS DRAWING FOR ANY OTHER SHT• ENGINEERS TOWN OF SOUTHOLE PROJECT IS PROHIBITED. ANY ALTERATION OR 1- \\h ,Sf ARCHITECTS REPRODUCTION OF THIS DOCUMENT IS ALSO SURVEYORS SUFFOLK COUNTY, NEW 'ORK PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT/ENGINEER. 7 a 4,; +n OF 244 EAST MAIN ST. SURVEYED. APRIL 27 200._� PATCHOGUE, N.Y. 11772 L'- '� (631) 475-0349 S.C.T.M. # 1000 — 109 — 06 — 9.1 FAX 475-0361 CERTIFIED TO: MANZI HOMES, INC . PRELIMINARY SUBDIVISION MAP OF i OLD ORCHARD AT CUTCHOGUE SITUATED AT fi I CUTCHOGUE ( (4D.4 6 / 07 '4. TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW PORK. NEW SUFFOLK ROAD . . '.. - ` (VARIABLE MOTH RIGHT-OF-WAY) � --_. ----- a 5 3 2.(0 E _— - --- ---— -- -- ----- — P QP YSEO ASEPTICUO REFUTED i.00A710ri OF Ex,S I gAN?AR SYSTEM tF EXIST1N6 �... ('- :........... ...,......,«°.,,..,.,,».,....._,w. i.y ' PRQPOSE SEPTIC , SANI.ARY SYSTEM j o �'� �� _ SYs v o j I e SCALE: 1 - 50.00 N.r� o I Q3 \� \ ��h'•v 7'Il+Cl .a N o I O -� d i AREA 4 619 ACRES LJ - --- PROPOS6ED SINGLE'Awls PROPOSED Si 1 AMIL' ( LOT # - / iR6;S�ENCE I, RESIDENCE y �^ f i r� 1.•a!tt0�*i:1`�`Yw:;,.�m�.dxae°sr .'S».•..,s-:-r�c . A�1r.. AREA == 3 o 1 4 1� / s 0 V I n 75 1 SQ �T. � � � 7 5 6 .- 4 —: — — — f N,F f N;E N1F i CoyENANTS ,=AND RESTRIC7IN_S:- T..#� \ — RICHaRO ti\RrON wLi;aM LUE '' aRR PRE;H" I ` MArTHEw TRttE nM DEL E ' -� �Y SUFFOLK COUNTv HAUPPAUGETN.Y OF HEALTH SERVICtS T DECLARANTS HAVE MADE APPLICATIONS p THE TOWN OF SOUTHOLD I CLE AR�NG _ S 09°5 S 2L)" E jQO.QO' 1 AREA SQ,fr. 35t) I I (HEREIN REFERRED TO AS TOWN) FOR A PERMIT -0 CONSTRUCT, AREA = 40082.0 \ 1 AR _A = 40 J DATE: APPROVAL OF PLANS OR APPROVAL OF A STANDARD SUBDIVISION OR SO.FT, ; /S I. ,� _�. � �, AREA of rLEnaiNc zu.:Icsa a ,� �.� 5L, { � i DEVELOPMENT ON THE PREMISES. ! / AREA of CLEARING; SOFT (soy) ; / ti Z..`'_- 'uO_.�_ __.___-_; ---- I THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR 2. AS A CONDITION OF APPRJ'JAL BY THE TOWN OF THE SUBDIVISION OR / 20,041 SQ.FT. (50t) / r � / * -- -_._. T DEVELOPMENT FOR DEVELOPMENT APPLICATION, THE DECLARANTS COVENANT AS FOLLOWS: - , IN WITH A. TOTAL OF LOTS WAS APPROVED ON C- I THE ABOVE DATE. WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES A. THAT PURSUANT TO SECTION A106-56(C) OF THE SOUTHOLD TOWN J MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFE:C1 AT THE �^.�`�' TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS CODE, CLEARING LIMITS FOR EACH LOT AS SHOWN ON THE �j , a� ( PURSUANT TO THOSE STANDARDS, THIS APPROVAL SHALL BE VALID APPROVED SU$DI JISION MAP ARE AS FOLLOWS: Ln ONLY If THE REALTY SUBDIVISION / DEVELOPMENT MAP IS DULY FILED �ry 2, WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT i. LOT t CLEARING LIMIT - 26,4865.30 SQ.FT. (35,00%) IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS ii. LOT 2 CLEARING LIMIT - 20,310.34 SQ.FT. (50.00%) f " ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNT)' CLERK IN I ` iii. LOT 3 CLEARING LIMIT - 20,041.00 SQ.FT. (50.00%) �z N 1�3. �` N °53'20" W 130.8 N/F ` N O9.53'2Q Os SEPTIC S � � ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE T _ SQ.FT. (50:00%) Iv. LOT 4 CLEARING LIMIT 22,415.0 R SUFFOLK O AREA LEAaINc - wCD SUFFOLK COUNTY SANITARY CODE 45.07 CABERONPROPERTIES, INC. � Cq - sQ.fT. _ 1 _ Ls1 B. THAT ACCESS TO LOTS ,2 AND 3 SHALL BE FROM NEW SU LK ES 1 F -- v� ` GOLF COURSE rn AVENUE: AND -� / �� r TF VITO A. MINEI, P.E. C THAT ACCESS TO LOT 4 SHALL BE FROM CASES LANE; AND _— __ DIRECTOR, DIVISION OF ENARONMEN fAi_ QUALITY D. THAT NO CHANGES TO ANY OF THE LOT LINES WITHOUT PLANNING 60ARD APPROVAL, AND I E. THAT AL.1_ STORMWATER RUNOFF RESULTING FROM THE DEVELOPMENT OF ANY OR .ALL OF THE LOTS ON THE SUBDIVISION N D „9,3 C W NE VI/ MAP SHALL BE RETAINED ON SITE AND SHALL. BE THE a � I RESPONSIBILITY OF EACH PROPERTY OWNER, AND j LOT # , "I HEREBY CERTIFY THAT THIS PLAT FROM A r / F. PRIOR TO ANY CONSTRUCTION ACTIVITY, DECLARANTS SHALL_ COMPLETED BY US ON AND T � ' MONUMENTS HAVE BEEN SET AND SHOWN 14q 4Q I SECURE A GENERAL PERMIT FOR STORM WATER RUNOFF FROM i p AREj -T �! a LOT(S) ON THIS PLAT ARE ALL IN CONFO MA_ I � � CONSTRUCTION ACTIVITY (GP -02-�01)_ADMINSTERED BY THE NEW � S( REQUIREMENTS OF ZONING DISTRICT 0 i PORK, STATE DEPARTMENT OF ENVIRONMENTAL. PROTECTION (DEC) UNDER THE PHASE II STATE POL_L.iJTANT DISCHARGE ELIMINATION fly sP�� SYSTEM (SPEDES) PROGRAM i THE D D THEIR SUCCESSORS AND /OR ASSIGNS SHALL SET #049z kL. E DECLARANTS AN 3 S FORTH THESE COVENANTS, AGREEMENTS AND DECLARATIONS IN ANY AND N-ZEID LAW ALL LEASES TO OCCUPANTS, TENANTS AND 'OR LESSEES OF THE ABOVE , DESCRIBED PROPERTY AND SHALL, BY THEIR TERMS, SUBJECT SAME TO THE COVENANTS AND RESTRICTIONS CONTAINED HEREIN. FAILURE OF THE l n' ! "I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR SEWAGE DECLARANTS, THEIR SUCCESSORS AND/OR ASSIGNS TO SO CONDITION THE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME LEASES SHALL NOT INVALIDATE THEIR AUTOMATIC SUBJUGATION TO THE N COVENANTS AND RESTRICTIONS. i �� OR UNDER MY DIRECTION. BASED UPON A CAREFI- 4. ALL. OF THE COVENANTS AND RESTRICTIONS CONTAINED HEREIN SHALT. ^' THOROUGH STUDY OF THE SOIL, SITE AND GROUT° CC C BE IN ADDITION TO AND NOT IN DEROGATION OF LIMITATION UPON ANY CONDITIONS, ALL LOTS, AS PROPOSED, CONF #` PROVISIONS OF LOCAL-, STATE, AND FEDERAL LAWS, ORDINANCES, AND,/OR SUFFOLK COUNTY DEPARTMENT OF HE.ALTH, It BEY T. Q CONSTRUCTION STANDARDS IN EFFECT ASS , DATE " �!� REGULATIONS IN EFFECT AT THE TIME: OF EXECUTION OF THIS AGREEMENT, 9 OR AT THE TIME SUCH LAWS, ORDINANCES, AND/OR REGULATIONS MAY A THEREAFTER BE REVISED, AMENDED OR PROMULGATED. ` - - -- -- -- ---- ' R R Y 'TH THEIR PROVISIONST BE / 5. THIS DOCUMENT IS MADE SUBJECT TO THE PROVISIONS OF ALL LAWS % REQUIRED 0 B E 0 INCORPORATED HEREIN AND JEFFREY T BU .. f�NSE #�073 THEY ARE DEEMED TO BE iNCORPORA-rED HEREIN AND MADE A PART HEREOF, AS THOUGH FULLY SET FORTH. 1 �5 -���o�ti ,� , ��3493 �C� 6. THE AFOREMENTIONED RESTRICTIVE COVENANTS SHALL BE ENFORCEABLE BY THE TOWN OF SOUTHOLD, STATE Of NEW YORK, BY INJUNCTIVE RELIEF �ESSI�N OR BY ANY OTHER REMEDY IN EQUITY OR AT LAW, THE FAILURE OF SAID A CASE S LANE AGENCIES OF THE TOWN OF SOUTHOLD TO ENFORCE THE SAME SHALL NOT - / �� BE DEEMED TO AFFECT THE VALIDITY OF THIS COVENANT NOR TO IMPOSE (VARIABLE WIDTI, RIGHT-OF-WAY? C ANY LIABILITY WHATSOEVER UPON THE COUNTY OF SUFFOLK OR ANY �- OFFICER OR EMPLOYEE THEREOF. 7 THESE COVENANTS AN RESTRICTIONS SHALL RUN WITH THE LAND AND _ I � _ D / SHALL BE BINDING ON THE DECLARANTS, THEIR SUCCESSORS AND T ', �'L r- # Z_ -- -� I ( l ASSIGNS, AND UPON ALL PERSONS OR ENTITIES CLAIMING UNDER THEM -- __- -._--_ -__ ._ -- — 1 PARAGRAPH, CLAUSE, PHRASE OR , I $ IF ANY SECTION, SUBSECTION, 0, ! � +� � PROVISION OF THESE COVENANTS AND RESTRICTIONS SHALL BY A COURT g i OF COMPETENT JURISDICTION, BE ADJUDGED ILLEGAL, UNLAWFUL, INVALID, OR HELD TO BE UNCONSTITUTIONAL, THE SAME SHALL_ NOT EFFECT THE D4PK BROWN DARK BROWN SANDY � �� � VALIDITY OF THE COVENANTS AS A WHOLE;- OR ANY PART OR PROVISION . ! I LOAM - OL LOAM -- Ol. ���� HEREOF OTHER THAN THAT PART SO ADJUDGED TO BE ILLEGAL, UNLAWFUL, INVALID, OR UNCONSTITL TiONAL FAIRWAY ORI�E BROWN LOAMY SAND CROWN 5-!LT'Y � I WITH 10% GRAVEL. — �� SAND — SM TEE LANE SM —----------- 4. j BROWN FINE TO PALE BROWN ( INE OWNER: MEDIUM SAND - SF TO MEDIUM Si'AND -- _ SP JOSEPH G. MANZI, JR. IRREVOCABLE TRUST — l ___�----------___---__-- --_ PRELIMINARY • PATH w,fv cemARs�°"°__..___ -PRELIMIN AR`' PLAT FOR: j 7i fOUTE %5— A j % i� -- - - I R�0C'KY P01NT, NE Vd 1'C)RK; S i v CONTACT: RICHARD MANZI j I I ��� �C ► E_ WATER 1% PALL I <6,31� 744--' J 1 WATER IE A'LE �� B�oVJrJ E :NE_ T� 5I1�r�,T� 1 U T, HOGUE M CII V SAND BROWN r'NE TC I MEDIUM PID - _�__. --_---__--.___—=.__ FOLK COUNTY NEW YORhC S F ---- ---- - .� TOWN OF SOUTHOLD OF ENGINEERING BY. SURVEY BY: i + a JEFFERY T. BUTLER, P.E., P.C. BURTON, BEHRENDT & SMITH NOTES: & ENGINEERS ° ARCHiTECTS ° SURVEYORS 4 i P 0 PDX 6 IBIS SUBDIOSI A�"'-PEARS AS DISTRICT '00�0 iN SECTION SHEE T 109, � j � � � � 244 E. MAIN STREET, PATCHOGUN NY711772 �I OCK (}8, LOT 9.1 ?E fHE SUFFC?LK CCIINT'' TAX MAP. -- - ----- — SHOREHAM, N.Y. -885 1E: MAIN STREET, SAYFAX: NY 11 82 ---_ - — -__-- 12.0' - - — J 14.p WOOD WAG PHONE: (631)208 -8850 PHONE: 63t}4'S-D394 FAX: (631)47S-03fi1 %ROp PT WTHIPV ZONING DISTRICT R-40. WATER ENCOUNTERED 4,%' WATER ENCOUNTERED 7.1' CA5E'SLANE KEY AP BELOW SURFACE BELOW' SURFACE EXTENSION SCALE. f?S—NOTE C� AREA: 4.619 ---� - SCALE: 1 =600' -- _ — - - - — ---- ----.__—.. _- j [DRAWN BY: C`C DATE: 5/2 /'06 S.C.T.M. NO. 1000-109-06-009.00i F-ILE NO. 050027 up- v # yet F - 4�`q , Y ' s �../""'� w� � "' � ,`1#Y , 0.01 DATE, ' DARKBRoHN BARK SRC7#�M+i THIS 15 TO Gt' TIFY THAT THE fje4F05ED FWALT1'5rJWtaIr51GI1V OR LOAM - OL a SANDY LOAM - OL t ..OFT F�Rit ; .rx t I.5 IN RIM GQ�r�n�A TOTAL OF t..aTs WaaAra At�F+tOVL�p� THE N\1 \1it A$ fiA11°"LF. M'L4T�''�k�l.."'t`A �?��'F!#.datAfi1#�rT#1�..�r2,C CC#NSTI�lGTiV 5TAA�A #NT AT T#1E T C* G TRU�T#CN AM AL' T TO—14PAP.ATt- 1�TO TH: S TAWA R TFd S SAL. HALL BEBROWN LOAMY BROVIN SILTY SAND WITH 10% aANDVALIL7 3Nt.Y 1P T# F AL.TY # /G°1JELOF'MENT MAP 15 _ ,05 ' DATE, G CC IS Y VVE14 THE F ILiF�OF THIS MAF'�.Y frrL..Ep Y+NTfi Try 1"�Y�tTHiN De YFAR t3F TH#5C�R;A1/EL — 5M > , IN ON �EF�R��VAS L�#" t?I'�#GZ OF TNT - 4.�7 PI�CJ'wga15�THE r�t�#..rG $ 2WI,t FINE TO HEALTH LAW AND Y c,�OM%WTAI�Y 00M. PALE DRU'I^N�l .. MEt?1tIM 5A1 - 5P - . FINE TO MEDiit ,.. All� 4. ' SAND - 5P I i i T 011y" : OF TAL Gr AL.tTY k � TUAL SiE 't`r1� OFIk......,,..,,..,_� MV THAT"CF#F 9 HATER IN PALE LOT&OWN �/ Ad,L- IN c��"TH Two BROWN FINE TO WATER IN PALE caF ± t IvTF GT { w of ,a MEDIUM SAND F11 T�J IUM SAND - 5P MT "I HE Y G M11PY THAT THE WATER SrJP�?l.Yf AW/i{ R s 5&#AM DI$P S'Sr�)�NIS PRO.V4T DM~ E9Y N OR . W 01fMOTICJN, W A 4� I2.C)' 14.0' 0ARML AqW TNCWX)&{SROY OF'I S0L,vTt AND A WATER E-W MN `T.i' TD THE C F'A�tTt #T OF HEALTH a ,r 4."1 E3ELOW 5URRFAGE +I ��- FACE SEW'A�GONSTRWTION 5TA#IA" IN EFFECT A5 OF THIS PATE* �Y .8tF'TL;.E'r4,tal. r SKETCH PLAN 4,4 5.i 14.2 SU13DIVISION MW OF REFjfM0 LOCAT1GIN OLD ORCHARD AT CUTC�-IOGUE t FEFUTED LOCATION' C� EXIST#Ns OF EX15TINCT 5AN1 A Y 5Y5T1�M SITUATE CUTCHOGUE ►, a o I-1�.1Q a'' '`: ' TON OF { THOLD �,,, 5 ✓20 E I65 O 1 5 5 2 E i`1D, SU FFOL K COU #TY, NEW YGRK _ l - 1000--109--�Q -t 9.0 1 tFl r N LrJT ED: R-4 AREA. 4.619 ACRES 1 i { 1 LuI \ BASED ON ORIGINAL. SURVEY BY: � I •. i I 1. { 1 ` 1I I x V) URTQN, BENREND " dt SMITH P# ?FaED PROPOSED - -_._..__ PRC�Pc�S 5iN6LE FAMILY ry 10 N/1-- 12 I, 244 E. MAIN STREET ,�� SYa 1 SINGLE F Mi LY r aC? f 3 a ,✓ ' wILUAM LUERTT i_ PATCHOGUE, NY 11772 1ZE51 NGE i m N/F TiM IGELL 6 ARIt i - +� HARRY PREC.HT `\ I 1 ,'ab SCC�t,FT. DATED: 6 I ,f LOT � �` �__ � � t11 �, � W TRUE '�'�*�`fr ' : ` „-.. �_. ,-,...,.-- .win .. rr .r r. �r. . .. .... Aiww, _ •wr AREA OWNER: AREA - A A Cf F 400b2.0 50.FT`. j to �, ., ...., -- uj ` 20.68 a,FT, ► - �_ N W f 353, JOSEPH G. MAN I JR. IRREVOCABLE TRUST .. (5 61%) f —'-'- - � 717 ROUTE AREA OF I ,T I ��� - r1' GLEARIN _ ROCKY POINT, NY •: ,,.: �� 22,6gO.66 50.FT. MOPon} 51N6t.E 05ED '.+ 1 f" 744-1 . p`' (55.855lS) l RE5IPENGE CONTACT: JflE MANZ1 a a, q 163. 5 Q�" E 130.84 I i h�/F N O a20"W .� q GAGE ON COURSE PROPERTIES, INC. r r TAD ' / f 4 � �. OT #4 � 440 15 F p�1�`, AREA OF �0 CLEARING = 26,05-7.00 SO.FT: I ,a 1 PROP05ED (58.125i5) �'► a vA SINGLE FAMILY Q RE-51DENCE ;, �-/.� SKETCH PLAN FOR: PROP05ED O!_._.D ORGHAS'D 5EPTIG 5Y5TEM r. AT GUTGH06UE m SITUATE GUTGHOC`�UE ®A °�� TOWN OF 5C71JT1-hQI,.C� al1FFC>LK GC�I}filTl' NI,=H SSi`��P� r- URTO , B HRENDT 4 SMITH _ 244 E. MAIN STREET, PATGHQGUE, NY 11.7`12 �- 13 E TTC H FL-_�N _� -- 160 MAIN STREET, SAYVILLE, NY 11182 G A44 E h' 4 - G4 FAX: I � Y ' "rA1 Es AS._,,.NOTED AREA: AREA GRAPHIC- 5GAl_F r = 60, U" 10/14/05 � C.T M. NO. 100o—t 09-06-009.001 P'IInE NO. 050027 I