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HomeMy WebLinkAbout1000-22.-3-2 NOTES 400 Ostrander Avenue, Riv erhead New York IIg01 N / O�� tel. 631.727.2303 fax. 631.727.0144 L 'C� admin@youngengineering.com J A� D THE APPROVAL OF THI5 MAP DOES NOT CONSTITUTE THE HGg1y AL SRO l�( �® AGGEPTENGE OF HIGHWAYS SHOWN THEREON A5 PUBLIC ROADS. Lo H WATER NG A U1i`1 N pNG w ti; E S, TED ON�A_RRK AS X'NArE I �,� /SL ao/o, 6ZO06 r> • A DECLARATION OF COVENANTS AND RESTRICTIONS HAS Howard W. Young, Land Surveyor SND //� ?2z 1 BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas G. Wolpert, Professional Engineer SpUyD 4$ 580°18,22„e 1 LIBER____GP____ Douglas E. Adams, Professional Engineer AGOAVIEVW S COASTAL � •�q' 588°4431°E 1 �" § Robert G. Tast, Architect DR. EROSION 3 86.81' 1 fi� THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE j� HAZARD LINE 9� ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND TOE OF LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. BLUFF 11 W E SITE DATA s - „r . TOTAL AREA = 11.4418 AGRE5 von VEGETATION WITHIN THE 100' NON-D15TURBANGE/NON- y STAIRS FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER TOTAL NUMBER LOTS ARE LIMITED TO THE REMOVAL OF DEAD , D15EA5ED TREES THAT = 2 NON-DISTVRBANGE/ , ARE HAZARDOUS TO LIFE OR PROPERTY_ NOTWITHSTANDING THE APPROX.LOG. TOP OF • ZONING USE DISTRICT +� �•� NON-FERTILIZATION OF 4' WIDE PATH BLUFF • VERTICAL DATUM BUFFER S ABOVE, THE NON-DISTURBANCE/NON-FERTILIZATION VEGETATION = N.G.V. DATUM (M.S.L. 101201) -1 y- \ �, 1 BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE p SSS \"\.sas°oo4r'E µ 1 VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE OPEN SPACE DATA I N8q 0338E _ _ -.- -.-.J._._.°._, _ 50UTHOLD TOWN PLANNING BOARD AND 5OUTHOLD TOWN SOUTHERN 8 Cy O REMADE ; fi x7.40' X15' �-'� —1242?' —I ' TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES • TOTAL AREA = 11.44IS ACRES 1 5TY.BR. a'-- IS PROHIBITED, THE CLEARING OF ANY KIND IS PROHIBITED, TOTAL BLUFF BEACH AREA = 0.7566 ACRE HOUSE 1 ,� 1 putt 11 • EARTH DRIVE OVER ELY. LINEN = 0.10'76 ACRE APPROX. 1 'W ,� � � FOUR (4) 1 TMWIDE PATH OVER LOP' ACCESS OVER LOT 2 & LOCATION OF 1 • TOTAL BUILDABLE LANDS = 10.5474 ACRES f 1 EXISTING1 1� 0 1 , SANITARY 1 • TOTAL OPEN SPACE = 6.3286 ACRES Z \ N 19 U1 S SYSTEM 11 CO "THE APPLICANT SHALL HAVE THE RIGHT TO RELOCATE 1 �' ,�I� O,� 1 1 AGGESS To THIS SUBDIVISION FROM THE WESTERN PROPERTY PERCENT OF OPEN SPACE TO BUILDABLE AREA 1 ' W O��` 1 .9 �, C� LINE TO THE EASTERN LINE OVER LAND NOW OR FORMERLY OF O ®ST X11 Bu11 DiNp>; _ 1 = 6.3286 ACRES / 10.5474 ACRES = 60.0 90 ll�{tt T 1 -, � O SF 25. PATRICIA D. GARVEY IF THE FOLLOWING CONDITIONS ARE MET: 1 1 1 6v 1 36000 1 TI 11 I 1 I. APPLICANT, ITS SUCCESSORS OR ASSIGNS, MUST OBTAIN A 11 ' OWELL ZS �WI9oP� 111 --I 20' I-- MINIMUM OF AN ADDITIONAL 5 FOOT EASEMENT TO BE ADDED Bµd 5F TO THE EXISTING 10 FOOT EASEMENT, TO BE ABLE TO CREATE A KEY MAP 1 1 5D,0p012' 15 FOOT WIDE RIGHT-OF-NAY FOR THE PURPOSE OF IN6RES5 CLUSTER DIMEN51ONAL REGUIREMENT5 SCALE: I"=600' AND EGRESS TO THE SUBDIVISION; AND 01 1 1 N s, (1 1 N o� 1 � ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE ELECRIC 05>:D 9oN9 1 I ( 2. THE GRANTOR MUST OBTAIN AN AMENDED SUBDIVISION DISTRICT, EXCEPT FOR THE FOLLOWING: 1 1 #2 11 �ME� W>✓�t o\I 24 APPROVAL FROM THE SOUTHOLD TOWN PLANNING BOARD THAT MIN. LOT WIDTH = 150 FEET RMER 1 le �, REFLECTS THE NEW IS RIGHT-OF-WAY FOR THE PURPOSE OF MIN. SIDE YARD = 15 FEET 11� 1 •o �' 11 •VANS O%1&!110"W , I INGRESS AND EGRE55 TO THE SUBDIVISION." MIN. BOTH SIDE YARDS = 40 FEET 1p0 •�'110�0 "1,.1 1 AO 5 122 � � 1 �� 11rn 1 O.Q�r g f6°46'10 1 -1 e, �3' I 1 I mI6� 1 j42LU � 1 I a W ENGINEER'S CERTIFICATION I HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR 11 1 20p0> 1 SEWAGE DISPOSAL SY5TEM(S) FOR THIS PROJEGT WERE Few 1 DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A N >g 1 11 1101 1 VHIGL TURNOUT CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND 3� 0 t 1 GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSE of SCALE: I"=50' CONFORM TO THE SUFFOLK COUNTY DEPARTM OF HE 9p SERVICES CONSTRUCTION STANDARDS IN EFf ECT AS OF -THI5 0Q,o8 1 { «w 1 N o DATE. > TEST HOLES ` IZ 1 0 1 1 N1� 1 � 0 1 TYPICAL PLOT PLAN f:`• '';. �<_� TH#1 TH#2 JUN.2b,2005 1 1 •� � PROPERTY LINE MAY 13,2008 1 McD MA 1 ,205GIENGE WITNESSED BY SGHDS , 1 5 W �, 5' MIN HOWARD 1N. YOUNG, N.Y.S. L.S. NO. 458013n 1, s Nn6°4y'lo' 516°40'p0, rs z 0 1 WELL WELL THOMAS G. NOLPERT, N.Y.5. P.E. NO. 61483 j'°ri, �.,�: b; �w 4.0 EL=32.6' o.o' EL=3q.l' o.o' � DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 808017 'a;;.,°� "..0 TOF501 L w-N 11 1 ° °` o� V, 1 o I-�OU51= moo. HOUSE , LOAM 1 1 3 ,I oo� o„� ° o„� ? 1 y SURVEYOR'S CERTIFICATION � �w 1 �lD t6°461 µI640 1 Or 1 LU ��F BROWN IN 1 �,n SILTY MEDIUM S 1 1 z a LL SAND FINE 11 1 Z 1 �� "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS FLAT ��z SAND e ' O C 1 o sEPnc b COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF og a i SOUTHOLD, EXCEPT A5 MODIFIED PURSUANT TO SECTION 27a €.`E cNi (5M) &RAVEL 1 1 �rn 1 11 0 • TANK �” OF THE N.Y.S. TOWN LAW I$ ARTICLE XVIII OF THE CODE OF THE p X< 1 1 1 5, 0 1e.o' TOWN OF SOUTHOLD.” �w�w MIN _N� LEACHING POOL "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL n GW EL=2.6' 30.0' t 1, �1 OPENpyo,l 19 , 1 .15 SURVEYS COMPLETED MAY 8, 2009 AND THAT A TEow a� BOUT O , MONUMENTS SHOWN THUS: ® ACTUALLY EX15T D THEIR o = Dol WATER IN , ' O 1 Q N 5 102 TOWNO vpT\OIA 10 ROAD POSITIONS ARE CORRECTLY SHOWN ANDA DIMENSIONAL' <_vlzo o BROWN 1 J � �` OLD GOEpSNT 1 1 AND GEODETIC DETAILS ARE CORRECT." �"a i FINE TO yrN OF 5OuIt ON S1 9 201 6AND CIO <F M 1 BASE lSG 1 1 E w F - D ° 5 a b' 1 1 ` SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL cs ` • THERE ARE NO PRIVATE WATER SUPPLY WELLS OR 36.0' 1 1 l 70 s 1 0 7p 1. , i O z UNLE55 OTHERWI5E SHOWN. HOWARD N. YOUNG, N.Y.S. L.S. NO. 458013 �ci n r.., -_L_ s-;P, i0iNa Llir-.11, a�d mai �3ciU.�.:vl I0 iLl'iAI. '15 (. l-,- - N f\ �Nu 3 ' �g5 Zow8 TABLE OF AREAS ' 1 a W m W ra Z 1 ___,,._ -` ARIES LLG c/o SHAWN TULLY �Nlg5 r Zo' rn� 1 1 1 � ��J� LOT TOTAL LOT BLUFF e BEACH EARTH DRIVE OPEN SPACE DRIVEWAYA BUILD LE 1 _ 1 1 555 WEST 25RD. STREET APT. SSK a�tiQ NUMBER AREA AREA OVER ELY.LINE AREA AGGESS AREA 1 1 O NEW YORK, NEW YORK 10011om 1 1 APPROVED BY PLANNING BOARD CERTIFICATION 15 1 5.7212 ACRES 0.3553 ACRE'. 0.0030 ACRE 3.1820 ACRES 0.6632 ACRE .457T 1 ACRES 1 1 PLANNING BOARDVA 2 5.7206 ACRES 0.4015 ACRE: 3.1466 ACRES 0.4446 ACRE 1.72741 ACRES t 1 1 1 N�6° l0 E THI5 IS TO CERTIFY THAT THI5 SUBDIVISION PLAN HAS BEEN SUBDIVISION MAP TOTALS 11.4415 ACRES 0.7565 ACRE 0.0030 ACRE 6.3286 ACRES 1.1078 ACRE 3.2156 ACRES , 1 � 1 4.p0 O R=500.00' 1 1 9 I,z 24, y L=5002' } , TOWN4F SOUTHOLD APPROVED BY THE PLANNING BOARD OF SOUTHOLD. 5HANN TULLY 50' RIGHT OF WAY olw /'1 DATE _ o� 1 � ________________ At East Marion, Town of Southold w�"N ------- R=500.00 _____ WITH 16' STONE BLEND 4p0>�10„� L=So or 1 DATE OF APPROVAL - CHAIRFER50N Suffolk County, New York ' DRI�/EWAY Z- Nn6° 1 25' 1 (TOWN OF SOUTHOLD PLANNING BOARD) aow s ` o N 1 g~�, 11 z X19 C ounty Tax Map District IOOO Section 22 Block 3 Lot 2 � OWN c �W ° 9 bA zo=oms 1� o R=2c 5z; � — - - FINAL FLAT o '54.75' - 1 SUFFOLK COUNTY DEPARTMENT OF HEALTH _ - ° To1rvn of Southold 100 0 5o too 200N - 1 sa4 5400"� L=4b.Iq' y iso �� 1 SERVICES HAUPPAUGE, N.Y. aw� � - 1 p\ 1 Sa"1°48'30"W � / _. 46'30,E 102.75 / 20.25' 45•„ , 1 ovenants Pestrictlons OCT 0 9 2009 a NO-7'45'50"E: q°5�i, �s> �r_"„__��i is 1t01f 1 0 201a L 5e� ,a 1 L19�R tz�,a 145.21 e`� 1 2 �j 2012 �`7'____- o GC OCT.00, 20, 2015 165.46' �j\� ��� 1 1 DATE -------------- 5EPT. 25, 2015 \��2"-3 1 JUL 0 2 2015 JUL, 02, 2015 -�-4, 1 1'54'0 N 210,(�Q' (0 1 rmerly 1 TH15 I5 TO CERTIFY THAT THE MOP05EP REALTY SUBDIVISION OR DEVELOPMENT FOR MAY 24, 2015 0`� 1840 1,� N84°54'00"y� �` ° , �� o f0 ell $ 1 1 30 1 � rj8"1 4$30 Y�4 no1N b (� (� n�f SHAWN TULLY IN-HE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS WA5 MAY OI, 2015 R�Fo 1 5"iq°46 1 - 1 Q ¢inn GQrr'pe,•rlet15 1 L� l� If APPROVED ON THE ABOVE DATE.WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES APR. 20, 2015 21 rl 1 Qrth Ser ^'^ - MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF OCT. 01, 2013 r Lot rrne y M �!. 1 or �o hQnte 1 CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE FEB. O1, 20113 (,1 Of nOw QtrQ Step STANDARDS.THI5 APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR o M p Dods" Sin ' FEB 1 2 2015 Nov. oa, 2015 a 1 dGreSt IN GQmjlle Qtr(,, DEVELOPMENT MAP 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS OCT. IS 2012 �o � Sln DATE.CONSENT IS HEREBY 61VEN FOR THE FILING OF THIS MAP ON WHICH THIS Foo 1 "50Un SeGtlon 1 , 2;�hdrd 1 ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH AUG. 04, 2012 �Qs3 0 1 Southold Town PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY GODS. AUG. O4, 2011 s W ' Lot 10 �� dile N° 531 1 SUbdjy15t0 od y„ Planning Board �.11t SEP. 201, 2010 co �TD�txy�i�2 ,Jt,pS• MAP PREPARI=D JUN. 25, 2010 � O hpolnt r`O \0055 DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY 50ALE: 1"=100' Surf• a gQ• Fele N 1 1' JOB NO. 2006-0033 OF 1 1 DWG. 2006_0033_fIna l_plat_r2 El MONUMENT SET MONUMENT FOUND �= ST;RKE SET ®= STAKE FOUND Young & Young N % 400 Ostrander Avenue, Riverhead, New York 11901 t 631-727-2303 Howard W. Young, Land Surveyor 2 Thorn" C. Wolpert, Professional Engineer All Robert C. Tast, Architect W E ICP Douglas E. Adams, Professional Engineer piti �­ k� _0? L ? �7 \0 jr ' ` J . O M� r= X\5"� or- o SITE DATA ONG LOB 2.0 TOTAL AREA 11.4415 ACRES F` LOB 1.0 �_7 -700 Lp /SLANI:�, 0 0 TOTAL NUMBER LOTS :2 Sot/ ZONING USE DISTRICT 3�! 47, r --A 0.00, qk -T' AGUAVi 0 N_ VERTICAL DATUM T E LINE ALON6 APPROXIMATE '" 'L, lc_- it = N.G.V. DATUM (M.S.L. 1q:21) S73o/0, "YA 0 VK. H1514 WATER MARK AS I __\1 , 'r _,; m -;, ---, - O�\V'� _ LOCATED ON FEB.5,2006 Iffi 155.54ISo ,� ° a a" � _, .. ��4 . ' --j 813 T, A- V, TOE OF -- ----------- "' 0 i5­k \q� OPEN 5FACE DATA COASTAL EROSION 0 HAZARD LINE TOTAL AREA 0 formerly mo' 1% 11.4418 ACRES TOTAL BLUFF S BEACH AREA O.-Ia(b,5 ACRE TOTAL BUILDABLE LANDS 10.6550 ACRES 7. or �OrM TOTAL OPEN SPACE (5.5cT40 ACRES N. , EROSION SITE novaInQ0 Ste Rlohard i r\otro ill (APPROXIMATE) PERCENT OF OPEN SPACE TO BUILDABLE AREA ACRES 10.6550 ACRES (50.0 % �0 TABLE OF AREAS NON IS NON-�fTPTiLizAnoN--d-L--l.A-,,- LOT TOTAL LOT BLUFF 4 BEACH OPEN SPACE COMMON DRIVEWAY BUILDABLE BUFFER OF VA0005 NjME3ER AREA AREA AREA EASEMENT AREA AREA BLUFF sy\� 1 ACRE I.-722q ACRES 0.1261 ACRE 15515 ACRES Olnt �0 1 S.'76&I ACRES 0.5553 .......... 60. .2 1.6751 ACRES 0.4015 ACRE 4.6711 ACRES CLUSTER DIMENSIONAL REOUIR�EMENTS 0.8615 ACRE L-510 ACRES TOTALS 11.4418 ACRES 0.7565 ACRE &3q4O ACRES OA75:2 ACRE 5.28.25 ACRES i ALL LOTS SHALL CONFORM TO THE R-50 ZONING USE LC;AIDN Of DISTRICT, EXCEPT FOR FRONT )-AROI SETBACK SHAH BE C3 t,!,. 20' MINI. AND LOT WIDTH SHALL BE 150' MIN. SA14:TPRY 7 SYI;Trl� �A:�2 0 A i. Cc. 20 1 y 0 5-1 1 _S 3r. LOT I CZARINS - ; 1 ,; O - 1LOT AREA = 5.7661 Ar_. x 45,560 164,071 S.F. A ENGINEER'S CERTIFICATION MAXIMUM CLEARING :20.0% OR 52,515 5.F I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR KEY MAF 0 5EYi DISPOSAL 5`r5TEM(5) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A SCALE: 1"=600' g LOT 2 CLEARING CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND LOB 4.0 &ROUNI�)Iii CONDITIONS, ALL LOTS, AS PR OPOE) ....... LOT AREA = 1.6"751 AC. x 45,560 334,927 S.F. CONFORM TO THE SUFFOLK COUNTY DEFARTM OF HE MAXIMUM CLEARING 15.0% OR 50,14q 5.17 9 1. 0 4� SERVICES CONSTRUCTION STANDARDS IN E ECT.'AS-OFTHIS 0 _1 DATE. 0. 325 o 0"6 A 0 \(0 .00: HOWARD N. YOUNG, N.Y.S. L.S. NO. 455et5n V3'xii. THOMAS C. NOLPERT, N.Y.S. P.E. NO. (51453 6 6 10 - 25.0 DOU6LAS E. ADAMS, N.'r.5. F.E. No 12s, -7 oe PR -i F1 t; TEST HOLE DATA 7.7 -p 2 0.00" 36.00, j Q11 ks:_ SURVEYOR CERTIFICATION 5t, �-iF, §Fiv o 15V P Hit 13 "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON TH15 FLAT �,A 0�k TH#1 TH#2 COMPLY Vi THE BUILDING ZONE ORDINANCE OF THE TOWN OF . (I (% �z I.;j -rOVO, - .-.,z. Qk -I SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 2-75 9 _" 1 (3 S, II, MAY 15,2005 JUN.25,2005 ogWo DRAINAGE DESIGN CRITERIA 4 CALCULATIONS A_. OF THE N.Y.5. TOWN LAW 4 ARTICLE XVIII OF THE CODE: OF THE 0 1013 1!) 10 McDONALD(5EOSCIENCE WITNESSED BY SCHIDS, TOWN OF SOUTHOLD." 01 O 0 36,71 I�, ,. �` :e.s v.;-> I A '' `'9 9 i �I 1 _ "I HEREBY CERTIFY THAT THIS MAP Vi MADE B'T' ACTUAL 0.01 2� kSN V1 EL-326' V = A R C F SURVE'rS COMPLETED FEB.08,2006 AND THAT ALL _0 6. Z o"Y TOF1501L TE X 1 1- , z 1 0 vo, 0.51 MONUMENTS 5HOVqN THUS: m A07UALLY :1 P.- A = AREA OF TRIBUTARY (S.F.) 'D 10 T 01 R = RAINFALL (FT.) LOAM POSITIONS ARE CORRECTLY 5HONN AND AL I �DIMEN5101ii KNz so 37_'4 85D I _� U AND &EODETIC DETAILS ARE CORRECT." 0 C = COEFFICIENT OF RUNOFF ,3,5.7. A BROWN 2.01 zi,z %7 A SILTY i?o MEDIUM % -�z 311D.4 5 '7' \(O SAND FINE SAND 4 (Sm) SOME d 10 LOB 1. JI;_6 t 1 &RAVEL REQUIRED VOLUME HOWARD N. YOUNG, N.,�.`S' L.S. NO. 455cI5 2c[5 L-F. OF DRIVEWAY 9) 141 NIDE 4,112 5.F. 4,112 S.F. x 2/1.2 x 0.50 201 C.F. V4�A or L11-24 o m z HATER IN PROVIDED VOLUME 3 0>: A of USE I POOL 10' DIA. x 4' DEEP 274 OFII 'Port ootrOri`0 FINE TO OWNER COARSE zl� SAND LOB 2. ARIES, LLO c/o SHAWN TULL-T' (S?V 535 NEST 23RD. STREET tA RF-WIRED VOLUME JA 7,�, 0 tro 162• f O Sin 555 L.F. OF 1;)Rl\/EYqAY 9 14 WIDE 5,BcIO S.F. or _j 561.01 noVA r\\\\o -I AFT. 55< -TO G.F.5,5clO S.F. x 2/12 x 0.50 2 woo NEN -rORK, NEN -i-OR< 10011 RIM=54.00 s)-Inoi---- k - \1. r6 PROVIDED VOLUME E 'A U5F_ I POOL 10' DIA. x 4' DEEP 274 C.F GS 3.0 k' 5UBI�)N/1510N MAP 11�1 In Ca to"I , ` tJL.:Ii!i� i, I L� "A w1z REQUIRED VOLUMEIEN u+ lG 512 L.F. OF 1;)Rl\/ENAY @ 14 WIDE 7,165 S.F. e I,_0 t SHANN TULLY __­ \V ­4� Ak 7,165 S.F. x 2/12 x 0.50 558 C.F. 34.f>b At East Marlon, Ti of Southold J 'c PROVIDED VOLUME 29W 0. Suffolk County, New York LL USE I FOOL 10' 1�1A. x 6' DEEP 411 C-F 0. LOB 4. P"!, -4 �z zi�: p County Tax MOP District 1000 Section .2.2 Block 5 Lot :2 REQUIRED VOLUME -To E330 L.F. OF DRIVEWAY (9 141 NIDE 4,620 S.F. I"rA-7 4,620 S.F. x 2/12 x 0.50 251 G.F. 84 REDUCED DEN51TY/0LU5TER jj 7 Lot LIMINARY FLAT PROVIDED VOLUME -14 C USE I POOL 10 DIA. x 4' DEEP 2 -F L 20 6� zo CB . �, I // 2S-2 RIM=55.00 PLA), L S�6-� 2010 mOFyUj k' AUG. 14, 200cl AUG. 11, 2005 8, A -V 100 0 50 100 200 AMMI� MAP PREPARED APR. Oro :200q I I I1C 1 6mmPmmi SCALE: I"=100' El MONUMENT SET MONUMENT FOUND L STAKE SET A= STAKE FOUND i /�/� low 0.- Z�, 'JOB NO. 200(0-0055 OF 2 1-1, DNS. 20060055pre 11minarg-p lot Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor LONG ISLAND SOUND Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Douglas E. Adams, Professional Engineer SITE DATA TOTAL AREA = 11.4415 AORE5 W E • TOTAL NUMBER LOTS = 2 • ZONING USE DISTRICT = R-50 VERTICAL DATUM = N.G.V. DATUM (M.S.L. 1121) OPEN 5PACE DATA • TOTAL AREA = 11.4418 ACRES • TOTAL BLUFF 8 BEACH AREA = 0.1868 ACRE TOTAL BUILDABLE LANDS = 10.6550 ACRES • TOTAL OPEN SPACE = 6.3140 ACRES • PERCENT OF OPEN SPACE TO BUILDABLE AREA - • = 6.5140 ACRES / 10.6550 ACRES = 60.0 % CLUSTER D I MENS I ONArL REG2U I REMENT5 ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE DISTRICT, EXCEPT FOR FRONT YARD SETBACK SHALL BE 20' MIN. AND LOT WIDTH SHALL BE 150' MIN. -- TOE OF BEACH LIMIT OF ENGINEER'S CERTI F I CACTI ON BLUFF �..._. -_.-_ NOTE: _. EROSION I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR __ - ___ _•_.__ --_-- _ _-_ 7 RV LINE $ AREA OF AU I24. Sf +/- EROSION ARE SEWAGE D15PO5AL 5Y5TEM(5) FOR THIS PROJECT WERE w=< 8 APPROXIMATE ---_- --�3 DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON Agaz --v- CAREFUL AND THOROUSH STUDY OF THE SOIL, SITE AND of` -05�- - - �aW= -... CONFORM TO THE SUFFOLK COUNTY DEPARTM OF, IO i SERVICES CONSTRUCTION STANDARDS IN EF ECT ftS OF.THIS oa LL< DATE FACE OF__ 12 f BLUFF -� 14 _._ -.... i - — 16 ,. HOWARD W YOUNG N.Y.S. L.5. NO 45813n THOMAS G. WOLPERT, N.Y.S. P.E. NO. 61483 - TOP OF DOUGLAS E. ADAMS, N.Y.5. P.E. NO. 8081"1 - - a BLUFF 1 F6" I LL�Z� TEMRORARY 150 NEW PLANTINGS 5URVEYOR'5 CERTIFICATION =w= 3 MP l "SNOW" FENCE -, — "I HEREBY CERTIFY THAT ALL LOTS 5HOWN ON THI5 FLAT �w= COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF o<N; SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 2'18 =�« OF THE N.Y.S. TOWN LAW $ ARTICLE XVIII OF THE CODE OF THE Foo TOWN OF SOUTHOLD! Q€z J 0 g - ` "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL w SURVEYS COMPLETED FEB.08,2006 AND THAT ALL TE m � PLANTING SCHEDULE - 5GATTERD TREEs;­-" MONUMENTS SHOWN THUS: ■ ACTUALLY EXIST THEIF—.a„ _... . _„ M ---- SHRUBS GRASSES '~-- �__._ 1 POSITIONS ARE CORRECTLY SHOWN AND AL DINCI=NSIONALy a�,w �i _ `` — _.._•_ _ -__ AND GEODETIC DETAILS ARE CORRECT." `:';.'•.. ° PLANTS �. —' " - QTY SYMBOL ESOTANIGAL NAME COMMON NAME SIZE/SPAGIN ROOT ~ z. [ ` 1 130 AB AFiMOPHILIA-BREVILIGULATA "GAPE" GAPE AMERICAN BEAGHGRA55 18"O.G. BARE i T RV ROSA VIR&INIANA `- WILD ROSE 2'-3'HT. CONT. _- Ly 3 MP MYRICA PENSYLVANICA NORTHERN'BAYBERRY _ 5 GAL. CONT. "-�-�. HOWARD W. YOUNG, N.Y.S. L.S. NO. 45813 r MOW . 1 io z - -- OWNER >. ---- _ ARIES, LLG c/o SHAWN TULLY 535 WEST 23RD. STREEToNm APT. SSK 642 ` -- NEW YORK, NEW YORK 10011 5U5DIV1510N MAP _..._ 5HAINN TUL.L %T0 Sao= 0 At East Marion, Town of Southold 2o Suffolk County, New York = p� 0 W O OUOZ NZ > d ZZ (L W County Tax Map District IOOO Section 22 Block 5 Lot 2 <Woo EROSION MITIGATION F�IF 100 5 10 20 J ONS APR 20 2010 =- �F6 M SCALE: I"=10' MAP PREPARED APR. 14, 2010IL �z 0 SCALE: AS SHOWN JOB NO. 2006-0055 2 OP 2 DWG. 2006-0055-pre I iminory-p lot Fonw Young & Young y�g N 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 W 13 ss<4 a Howard W. Young, Land Surveyor bW� Thomas C. Wolpert, Professional Engineer 6-0 Robert C. Tast, Architect oNoa W E Ronald E. Pfuhl, Landscape Architect X g. Douglas E. Adams, Professional Engineer s 51 TE DATA 1-ONC TOTAL AREA = 11.4418 ACRE5 �D SOUS LAND SOUND AG�UAV IEW DR. � " 1 • TOTAL NUMBER LOTS ° = 2 TIE LINE ALONG APPROXIMATE S780/0' HIGH WATER MARK AS �p LOCATED ON FEB.8,2006 d TOWN $ 580°�g�� „ TOE or UFF COASTAL 150.1 q'- 588°44'51"E B S N3f HAZARD!SINE 86.81' • ZONING USE DISTRICT = R-80 VERTICAL DATUM "`". - __` - _ - ' iaF = N.6.\/. DATUM (M.5.L. 141241) l9 / F' r - 1{.1 .f Ogvb 1, A "_--�'` _ _ - - � 1x �2 ►-rr 3. = P�2OPO� V'�p`� 1 ERN 8L`�D % -_ -_ _�__ - -"� {y3< :Haat O �1C�N o�'fH % Match Line b OPEN SPACE DATA TOPOF \ • TOTAL AREA = 11.4418 ACRES $ � � '�G 1 '1 r� AIN3 ` i Fl `r-ti-: r . ! M.,. , * t I� .ter la J r 1 {.,{ / TOTAL BLUFF / BEACH AREA = 0.78641 ACRE RAIL' f a t 2 f 62€ bP —i / — • 1 1/8R1CK H O�fl - ` r�NGs 1 I{ 1 _LILA ~~ t J P I= 1 • TOTAL BUILDABLE LANDS = 102-151 ACRES To 1 BUIIGi e � ;rr � � 1 '., pr a f,- °X•I. � i« ;j�+ - ,_ ,.� uL� ' 11 • LOT I AGRICULTURAL OPEN SPACE = 1.6183 ACRES < 1 3 02 .52 •3432 1 4-1N 1 1 1 1 !�fr +83.88 t.� .f�_ _ I \ X4•,3 1�6, LOT 2 AGRICULTURAL OPEN SPACE = 4.5542 ACRES z� �_TL � 1 - / 34.�q ``g�-` - z \2�iy`%y� 1 • TOTAL OPEN SPACE = 6.1"125 ACRES -W€ i LOCATION MAP 3313° '6 1. 210.60' q°� er\y 1 1 7o W �F Q«'� a SCALE: I"=600' ',1 •1 /;�;-' 1 � 9-� \� 1 `.` � 58"1°48'30"W II naW inn GQ Pemet 5 1 1. � PERCENT OF OPEN SPACE TO BUILDABLE AREA Martha ger , = 6.1'125 ACRES / 10.2'151 ACRES = 60.1 90 0�W o �FOa \ _'�`. - da 9 •� . or farmer y� ' gtephan�e A 8 ble 1 � i9 11 �a 1 O DrL nomille gtnatra � � a s 1 Ga t 1O -C ° ° 1 1 fis , 1� CR �_' 5�C11\l1510 0d5�t A �p 1 `1 + '7.$ 1 `0 �\� � 1' 1 �' �t�;ghpo►nt No 10033 i � �- 1 < FF / 0. Ile I 1 F =F , 1 -34.11 OI lTi , �a Suff , 1 20'.x• ip z } k ' i t, r i ➢p ' > . A I,. _ #�� � fl � a ENGINEER'S CERTIFICATION ' 3 3�r O <s I , • I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR lP _ N / N 1 SEWAGE DISPOSAL 5Y5TEM(5) FOR THIS PROJECT WERE I 1 ESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A 5 1 D 9 + f r �'' ' 1 Q O CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND O I }I ' GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS I _�p CONFORM TO THE SUFFOLK COUNTY DEPARTM 3 -" � }' x5.8 e��t � ��. ��'4I 9 ° 1 41 5� "0 O 1, YI p , : _ SERVICES CONSTRUCTION STANDARDS IN EF,EGT,`><45 11 I Q 1 DATE. r• '-., � -A 3 .1 ZS \\ ^1-� !�i �:1 I _ -# � 1 Ir re ::�q �� i• S lit + -E ++•4): Ll 2+F 4 Q j r,'t M N 1 _ S -r ! S Y'i HOWARD W. YOUNG, N.Y.5. L.S. NO. 458413n\'61THOMAS G. 1/401-PERT, N.Y.S. P.E. NO. 6148 ��� 7� ,i` g� Yy€ dllaa[ 71" 9 I O II ��t•' ,t,l^ M . HT oe 9 1 aj 9 t i �, , � � 1 ,1 SURVEYORS CERTIFICATION t 9 I HEREBY CERTIFY THAT THIS MAP WA5 MADE BY US FROM ACTUAL SURVEY COMPLETED BY US. MCOQ ; a : 3� ;. r i Ir4 i 11 ° - o� EASEME }� 0\ r0� 1xt Cyt N 0 16 44T 1 ' �"'� � � § �� a-a'2'�_ rn I / 1U I , ..--,�. . • � ,,� chi - `t"°1_q�' - ..` ` `'ri , , .! T:1` '➢ e� Jt Orm 1 , HOWARD W. YOUNG, N.Y.5. L.S. NO. 458413 y� :6�'' t 's•' f r 32 _ ne Of fi Eb4 L P'� oP n G°tr° 'Don m� Match Line ` t, �� '.i 3� ` s.4 r '. �` R 1 ;� Ig?1N� \0 �.'( 11 - rmerly _ r fo Sin 1 OWNER wee I C� f � � fil N� or - now o Gorrlille_ F � _ 1 ra_t I� '1 �a`m'W �L C� TULLY SHAWN g = POST\t s a c oLIL I9 ord _ 535 WEST 23RD. STREET Vial' RAIL LIL 20 .../ AFT. 55K <i 34. , ` MINCE _ I I NEW YORK, NEW YORK 10011o� 00 WK 25 III' 1 ` I Ewu �t`il �$0 (— /\ 11 111 >5 y°t �� \� 1 JULIJI X (JIOI�I I�Il'tP 9f "` I `24. 3 1�6 11 m 58"I°48801..W 56a7 5 ^ NTULL Y OrN N 1 '� II nY•la p`nr' (iamr��met'9 1 �1 � ' 1 � Methan\e �!• ge 1 � 1 1 At East Marion, Town of Southold 1 or noWhe rdfgoinrQtrQy 1 -C 0X96O ° 1 11� 1`1 1\1 Suffolk County, New York Gal1 °�o3nty TaxMap District IOOO Sectioni22 Block 3 at 2 a 1 -Ot 10 vision -- ! REDUCED >r=N51TY GLU5TER PLAN 5 t YyO°d s h Oin �tl�ig p dile VA° 5uf f. G°• ' 1 1 1 ; t " JAN. 21, 2008 ------- AMOM 1 SMH PLAN OCT. 12, 200"1 ' 1 ; SEP. 25, 200.7 ; MAY 08, 200-7 $F • 1 1 , vvv/ ! NOV. 02, 20066 � OCT. 20, 2006 ` APR. 07, 2006 a MAP PREPARED MAR. 30, 200649 €W 0 SCALE: I"=100' F, JOB NO. 2006-0033 gW E= MONUMENT SET ® = MONUMENT FOUND = STAKE SET A= STAKE FOUND I OF 1 s DWG. 2006-0033-reduce d_dens ity_5 LONG - t' "D SOUND 1v ourQa�sacin#¢z SITE DATA ENGINEERS GERTIFIGATION 1A� HAY BALE µBARRIER S 5URVEY01RS CERTIFICATION TEST HOLE DATA H - �� orrNER r' 11 5L.15Dh/ISION MAP SHAWN NLLY At Eggt h&vlon,Town of 5ovthold T` 5uff Ik Gamty Naw Yolk€ E_ i s DRAINAGE DESIGN CRITERIA a CALCULATIONS FINAL ROAD&DRAINAGE PLAN HAY BALE t �4K ,fib O BARRIER .- .,cEw-* LCR.JB W :x nzco_F. I STABILIZED -eft we�yc_n..a ss-cF CONGTRUGTIONtvaC°' �— ro .a �_ ..<. �..,,..,..m. �,ti -e..,�•.�.-ter, G t ENTRANCE HAY BALEc` , BARRIER STAB LIZED CANSTRUGTION ENTRANCE Ouna aS�Ociafe.,� --------------- 51TE DATA \\ \� ENGINEERS GERTIFIGATION i // L GYf—e..W 1\ 9 CERTIFICATION I ace,.u.--.. RIGHT OF WAY J DRIVEYtAY SECTION T- - - 5U5DIVI51ON MAP SHAAN TULLY At East Mc ,Town of So,t Jol GUffOIk c«my,New York FINAL ROAD 3 DRAINAGE PLAN REVERSE CROY81 AT INLET DETAIL ,r 1 l � / OFFICE LOCATION: - MAILING ADDRESS: Town Hall Annex ��oE SOUTyoP.O. Box 1179 54375 State Route 25 ,`O l0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 cis ae www.southoldtowimy.gov COUNT1,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 5, 2016 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Final Approval: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 4, 2016: WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and,Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on March 10, 2014, the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions to be completed prior to Final Plat Approval; and WHEREAS, on April 9, 2015, the agent submitted a diagram showing reduced clearing limits allowing a larger building envelope on proposed Lots 1 and 2; and WHEREAS, on April 13, 2015, the agent submitted a letter stating that 35,000 sq. ft. is not a large enough building area to allow appropriate aesthetic placement of a home, a tennis court and a swimming pool; and WHEREAS, on April 23, 2015, the Southold Town Board approved the security payment in the sum of$34,520.00; and WHEREAS, on April 27, 2015, the agent submitted a map showing the buildable area of Lots 1 and 2 as 40,000 sq. ft.; and es Estates - Page 12 -April 5, 26,,-W' WHEREAS, on May 18, 2015, the Planning Board reviewed the application at their Work Session and agreed to allow a reduced clearing limit and an increase of the building envelope on Lots 1 and 2 to 38,000 sq. ft. The Planning Board allowed this because the applicant is proposing a sixty percent (60%) reduction in the number of lots shown in the Yield Plan (from 5 lots to 2 lots); and WHEREAS, on July 6, 2015, the agent submitted 8 prints of the Final Plat; and WHEREAS, on July 10, 2015, the agent submitted an endorsed Suffolk County Department of Health Services map; and WHEREAS, on July 10, 2015, the agent submitted an endorsed Open Space Conservation Easement; and WHEREAS, on July 17, 2015, the agent submitted a revised endorsed Open Space Conservation Easement; and WHEREAS, on July 17, 2015, Planning Staff sent a letter to the agent that the utility poles must be removed as stated as a condition of Conditional Final Approval; and WHEREAS, on July 24, 2015, Planning Staff emailed the agent a list of items required to be submitted to complete the legal document review; and WHEREAS, on July 31, 2015, the agent submitted revised legal documents; and WHEREAS, on September 1, 2015, the Open Space Easement, endorsed by the Town Supervisor, was sent to the agent; and WHEREAS, on October 2, 2015, the agent submitted a map showing the removal of the telephone poles except for a connecting telephone pole at the end of the driveway; and WHEREAS, on November 5, 2015, the agent submitted a map showing the required widening of the right-of-way area on the east side of the parcel; and WHEREAS, on December 7, 2015, Planning Staff sent a letter to the agent requesting a clarification of the development area; and WHEREAS, on December 23, 2015, the engineer submitted a letter clarifying the development area; and WHEREAS, on March 7, 2016, the agent submitted copies of the Declaration of Covenants and Restrictions, Liber D00012852 and Page 490, Open Space Conservation Easement, Liber D00012855 and Page 101, Grant of Access Easement, Liber D00012855 and Page 102, and Common Driveway Agreement, Liber D00012855 and Page 103, filed with the Office of the Suffolk County Clerk; and WHEREAS, on March 22, 2016, the applicant submitted an email that stated that all electrical wires have been placed underground; and -t-Ties Estates— Page 13 —April 5, 2(;6 v` WHEREAS, on March 31, 2016, Planning Staff went out to the site and verified that there were no visible wires on the property; and WHEREAS, on April 4, 2016, the Planning Board, at their Work Session, reviewed the submitted documents and found that all requirements of Final Plat pursuant to §240-21 Technical Requirements have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby modifies the clearing restriction requirements to allow an increase in the building envelopes from 21,198 sq. ft. on Lot 1 and 24,590 sq. ft. on Lot 2 to 38,000 sq. ft. for Lot 1 and 2 pursuant to §240-56 Waivers of Certain Provisions; and be it further RESOLVED, that the Southold Town Planning Board hereby waives, pursuant to §240-24 of the Southold Town Code, the Final Plat Public Hearing, on the basis that there were no changes to the Final Plat; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map entitled ""Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 20, 2015, and authorizes the Chairman to endorse the map. Upon endorsement of the Final Plat by the Chairman, the mylars and paper prints must be picked up at this office and the Final Plat filed with the Suffolk County Clerk by the applicant within 62 days of the date of Final Plat Approval, or such approval shall expire. Final Plat Approval shall be determined in accordance with §276 of the New York State Town Law. Final Plat is void if revised after approval. No changes, erasures, modification(s), or revisions shall be made to any Final Plat after it has been approved by the Planning Board, and such approval has been endorsed in writing on the plat, unless the said plat is first re-submitted to the Planning Board and the Planning Board approves any modifications. In the event that any such Final Plat is filed without complying with this requirement, the same shall be considered null and void, and the Planning Board shall institute proceedings to have the Final Plat stricken from the records of the Suffolk County Clerk. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Com "4-6' Donald J. Wilcenski Chairman Encl. cc: Assessors CC# : C16-5956 est� COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 02/11/2016 under Liber D00012852 and Page 490 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/11/2016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL S IIII IIII IIII VIII VIII VIII II III(IIII VIII VIII IIII III I 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 02/11/2016 Number of Pages : 7 At: 01 :51 : 40 PM Receipt Number : 16-0021419 LIBER: D00012852 PAGE : 490 District: Section: Block: Lot: 1000 022 . 00 03 .00 002 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO TP-584 $0 .00 NO Notation $0 .00 NO Cert.Copies $8 .75 NO RPT $200 : 00 NO Fees Paid $283 .75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ` ril 1 p rl RECORDEb Number of pages 201.6 Feb 11 01.51 n 40 Pi _iRIt ITI-I A. PgSC L E CLERK OF This document will be public SUFFOLK COUNTY record. Please remove all I D I{O12lent Social Security Numbers P 490 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording%Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation or EA-5217(County) Sub Total - Spec./Add. EA-5217(State) TOT.MTG.TAX' Dual Town Dual County R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Mansion Tax A ffidavit The property covered by this mortgage is ertified Copy or will be improved by a one or two S Surcharge 15. 00 family dwelling only. <;: Sub Total o YES or NO Other Grand Total C9 ` '° f NO, see appropriate tax clause on ge# of this instrument. 3098790 1000 02200 0300 002000 100 5 Community,Preservation Fund 4 Dist. � �. Real Properb, R CWHI A ItltlllllllllIIIlIIIIIIIIIIIIIIIIIIIIlIIIIIII Consideration Amount$ Tax Service 11-FEB-16 Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD Charles R. Cuddy;Esq. TD PO Box 1547 Riverhead,NY 11901 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# s . Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFYTYPE OF INSTRUMENT) Aries Estates,LLC 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 East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over 1 IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local -property taxes are payable twice a year: on or before January 10d, and on or before May 31n. 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. 11"738 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 dw Suffolk County Clerk - 2/99 12.0104.06/06kd ` DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this 1" day of June,2015,by Aries Estates,LLC a New York Limited Liability Company with office located at-535 West 23rd Street, New York, NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold,County of Suffolk,State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application; and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board r of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the Standard Subdivision Map of Shawn Tully(hereinafter"Subdivision Map") ,which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives,distributees, successors, and Page 1 of 4 - J _ assigns,to wit: 1. The owner of lot 2 as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall have an easement for utilities maintenance,repair and replacement along and under that area of Lot 1 where underground utilities have been installed to service both lots 1 and 2. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the common driveway access to and from Stars Road over a 50 ft. right of way on the premises known as SCTM#1000-22-3-1 to the subdivision property line. Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. 3. The driveway construction on lots 1 and 2 must meet all requirements of Chapter 236 Storm Water Management of the Southold Town Code to ensure that all storm water run-off is contained on the subject property. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the office of the Town Engineer. 4. The existing dirt driveway that runs through the open space must be abandoned after final subdivision approval is granted. A driveway is not a permitted use in the open space. 5. There shall be no further subdivision of any of the lots as shown on the approved and filed Subdivision Map, in perpetuity. 6. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 7. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 8. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the Subdivision Map. 9. Pursuant to Chapter 236 Stormwater,,Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 10. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination Page 2 of 4 i c ' System(SPDES)Program. 11. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXH,Farmland Bill of Rights, of the Southold Town Code. 12. All utilities must be located underground. 13. Pervious driveways and the access right of way designated on the Subdivision Map as"15 ft.right of way with stone blend driveway"shall be used to serve each of the lots on the approved Subdivision Map. 14. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 15. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 16. Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity.Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications"subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited.The clearing of any kind is prohibited,except to maintain the"wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated,revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. _ If any section, subsection,paragraph, clause,phrase or provision of these covenants Page 3 of 4 `. and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid,or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated, revoked,or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Es es LLC ' By: \ r- Shawn Tully,Member STATE OF NEW YORK ) COUNTY OF h1eW Y0761` ) ss.: 4.i � On the 1 day of �o N i-- in the year 2015,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. t-t-& O Notary Public -_ ' M@LINDA CHU Notary Public; state of New York Page 4 of 4 No. 01CH501o955 Quallfied ;n Kings Count/ Commission Expires May 12, 20 1 r } r SCREDULE "A" ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1.' North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... i 1, Schedule"A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8,2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. CC#: C16-9693 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK t I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 03/04/2016 under Liber D00012855 and Page 101 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/04/2016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL `" I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages : 16 At: 02 :43 :17 PM Receipt Number : 16-0033544 ;TRANSFER TAX NUMBER: 15-21670 LIBER: D00012855 PAGE : 101 District: Section: Block: Lot: 1000 022 . 00 03 .00 001 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $80 . 00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15 .00 NO TP-584 $5 .00 NO Notation $0 . 00 NO Cert.Copies $20 . 00 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $545 .00 TRANSFER TAX NUMBER: 15-21670 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County J S M1 L� ¶ I F2 - ' t u RECORDED 2016 Mar 04. 02:X3.1 r PM Number of pages 0 :!UDITH iso PASCALE CLERK OF SUFFOLK COUtiTY This document will be public L D00012855 record. Please remove all F i0i DT# =5_21670 Social Security`'Numbersn prior to recording. Deed/Mortgage Instruments Deed`7`Mortgage'Tax'Stamp Recording/'Fili'ng Stamp`s 3 FEES Mortgage Amt. Page/Filing Fee 1,.Basic Tax Handling 20. 00 2. Additional Tax TP-584° "� Sub Total: Notation Spec./Assit. EA-5217(County) r" Sub'Total. �� Spec. EA-5217(State) - -- TOT.,MTG.TAX ' y Dual Town Dual County R.P.T.S.A. jt� � _ b���� Held for Appointment Comm.of Ed. 5.`00` ;" ® TrahsferTax' 1, MansiomTax . Affidavit -y The property covered`by this mortgage is ;C,,ertified'C'opy': or will be improved by a one or two w NYS Surcharge `15: 00 ��y/ �d� . family dwelling'only. ' ' Sub Total'.• ' �/ . Q GJ -YES or NO Other Grand Total= S If NO, see appropriate tax clause on page# of this instrum nit", 4 Dist. 1000; �55CommunityPre§ervation(Fund 3103174 Real Property P T Consideration Amount$ Tax Service R DH® } I Ia�I��III�I II6II��I��III�I ILII I SII�I�I Agencygg_FEg_�� CPF Tax Due $ Verification --- --—- - - - -- ---- _ _ - - -- - - ° Improved. 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land Charles R. Cuddy,Esq. TD PO Box 1'547 TD Riverhead,NY 1,1=901 ', w TD Mail to: Judith A. Pascale; Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement ]?..ge This page forms part of the attached Open Space Conservation Easement made . by: (SPECIFY TYPE OF INSTRUMENT) Aries Estates,LLC 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 East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over , a p Stat ID: 3103174 22_FEB-16 Tax Maps District Sec$on Stock Lot School District 1000 02200 0300 001000 ORIENT-EAST MARION 1000 02200 0300 002000 ORIENT-EAST MARION OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the 31St of August 2015 at Southold,New York. The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor") and the Town of Southold, a municipal corporation,having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Shawn Tully prepared by Howard Young,Land Surveyor,which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the "Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and _ J Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.3286 acres portion of the subject property described in Schedule B, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the " Open Space Area No. 1"and"Open Space Area No. 2"and hereinafter referred to as the"Easement Area;" and Whereas, as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an Open -1- Space Conservation easement in gross,which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map,herein referred to as the Easement Area, more particularly described in and designated in Schedule B annexed hereto and made a part of this instrument. 0 01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described'in Schedule B, and possesses the,right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose,regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic,natural resource and agricultural values of the Easement Area and have the common'purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, -exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof,in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises,undertakings, and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tune This instrument conveys an Open Space Conservation Easement(herein called the _ "Easement"). This Easement shall consist of the covenants,restrictions,rights,terms, and conditions recited herein. Reference to this"Easement"or its"provisions" shall include any and all of those covenants, restrictions,rights,terms and conditions. -2- 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents,tenants, occupants,heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants,releases, and conveys to Grantee this Easement;in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts,uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation Grading and Removal of Materials, Mining The excavating, grading or filling of the Easement Area, except as may be necessary'to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion conErol and soil management. -3- 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including,but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs,billboards, or advertisements is prohibited, except signs whose placement,number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants,b)to temporarily - advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation ation Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. -4- 3.10 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.11 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor,recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation, mow,maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. The well located on lot 2 is a permitted use pursuant to §240-44 of the Southold Town Code. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas(except if any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes,"ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. -5- In addition,the Grantor shall have the right to complete (in accordance with the approved road and drainage plan),use and maintain the 25 foot right of way and any associated improvements providing access along the western property line as shown on the final subdivision map. In the alternative,the Grantor shall have the right to relocate the 25 foot right of way to the eastern property line if the following conditions are met: 1. The Grantor must obtain a 15 foot right of access for.purposes of ingress and egress over the parcel to the east of the subdivision(designated as "now or formerly Patricia D. Garvey"on the final Subdivision Map); and 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property, line of the 15 foot right of way, as shown on the Amended Subdivision Map; and 3. The Grantor must remove the original 25 foot right of way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make'those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and(b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent -6- contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 E=and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty(30) days to Grantor,unless-Grantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor''s use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii)hereof,nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or.performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's,sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or -7- (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement;provided, however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other,remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment J Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. -8- 7.03 Severability' If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written.Notices shall be delivered by hand or express, certified or registered mail,return receipt requested, or by certified mail,with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address'as recited herein, or to such other address as Grantor may designate by notice in-accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office,recited herein,marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation,breach,violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of.any contrary rule of construction,no provision of this Easement shall be construed in favor-of one of the parties because it was drafted by the other parry's attorney.No alleged ambiguity in this Easement shall be construed'against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render'it-valid and be consistent with the purposes of this Easement. Any rule of strict construction.designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement,,and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant,to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its -9- I execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and superce',des all prior discussions,negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization I Grantor warrants that the conveyance of this Easement has been duly authorized by its members and Grantee warrants that acceptance-of this Conservation Easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and ar-set foabove. Aries Est �, LLC Shawn Tully, Member'/Grantor Town of Southold(Grantee) By: a ;&,cy , Supervisor -10- i i I . i STATE OF NEW YORK ) ss.. COUNTY OF _01� yo( K- ) On the L day of J in the year 2015, before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public , MMINDA CM J,TIy"U9u: Marl li ubHo State of Now SY©Fs ,e FrV .d3"rfp.: STATE OF NEW YORK ) Qualified n Kings C® y 4Jp+ ss.: G®nirn6ssi®nxpie®��iay 12,20 COUNTY OF SUFFOLK) On the y day of , ' in the year 2015, before me,the undersigned,personally appeared, ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. tary Public tAUREN M.VAM,DOW Waft fy Public.state®q Novi VMA N®. Qualified in Suffolk Wun Commission ExplTes ApaiO g, 010 i =11- I a i i u e 9 SCI�EDULE 1PA" ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGERUNtG at the southeast corner of the premises herein to'be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1. North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North I I degrees 40 minutes 00 seconds.West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North I 1 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 1 I degrees 50 minutes 20 seconds West 126,14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North I l ;degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13'degrees 21 minutes 30 seconds West 174.98 feet; i - 12. South 75,,degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69'degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... I { j a t - a Schedule "A { RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210,60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8,2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds'Easfi 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. i i` I i a SCHEDULE "B" Shawn Tully at East Marion,'Town of Southold Suffolk County,New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 1, Subdivision, "Shawn Tully" ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate; lying and being at East Marion,Town of Southold, County of Suffolk and State of New York,known and designated as Open Space Area No. 1Town of Southold Conservation Easement, Subdivision, "Shawn Tully",more particularly bounded and described as follows: BEGINNING at a point on the division between Lot 1 and Lot 2, Subdivision, "Shawn Tully", said point being situate the following four(4) courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min. 30 sec.East 184:04 feet as measured along Lot 21,Map of "Soundcrest Woods, Section 1", Suffolk County File No. 5315, 2. South 84 deg. 54 min. 00 sec.East 150.06 feet as measured along Lot 10, Subdivision,"Highpoint Woods", Suffolk County File No. 10035, 3. North 11 deg. 13 min. 50 sec.West 25.31 feet as measured along land now or formerly Shawn P.Tully, 4. North 87 deg.48 min. 30 sec.East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision,"Shawn Tully"; RUNNING thence from said point of beginning North 11 deg. 16 min.42 sec. West along Lot 2, Subdivision, "Shawn Tully"977.59 feet to a point; RUNNING thence through Lot 1, Subdivision, "Shawn Tully" the following thirteen(13) courses and distances: 1. North 78 deg.46 min. 10 sec.East 142.53 feet, 2. South 11 deg. 19 min. 50 sec.East 279.60 feet, 3. South 78 deg.40 min. 10 see. West 4.00 feet, 4. South 11 deg. 19 min. 50 sec.East 50.00 feet, 5. North 78 deg.40 min. 10 sec.East 4.00 feet, 6. South 11 deg. 19 min. 50 sec.East 411.83 feet, 7. On the arc of a curve to the right having a radius of 500.00 feet for a,distance,of 50.02 feet. 8. On the arc of a curve to the left having a radius of 500.00 feet for a distance of 50.02 feet, - 9. South 11 deg. 19 min. 50 sec.East 99.55 feet, 10. On the arc of a curve to the right having a radius of 34.00 feet for a distance of 48.19 - feet, 11. South 69 deg. 52 min. 30 sec. West 65.79 feet, 12. South 87 deg.48 min. 30 see.West 45.17 feet to the point or place of Beginning. CONTAINING an area of 3.1820 Acres. 5 - -1- - i i I Shawn Tully at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 2, Subdivision, "Shawn Tully" ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate;lying and being at East Marion,Town of Southold, County of Suffolk and State of New York,known and designated as Open Space Area No.2 Town of Southold Conservation Easement, Subdivision, "Shawn Tully" ,more particularly bounded and described as follows: BEGINNING at a point at the division line between Lot 1 and Lot 2, Subdivision, "Shawn Tully",said point being situate the following four(4)courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min. 30 sec.East 184.04 feet as measured along Lot 21,Map of "Soundcrest Woods, Section 1", Suffolk County File No. 5315, 2. South 84 deg. 54 min.00 sec.East 150.06 feet as measured along Lot 10, Subdivision,"Highpoint Woods", Suffolk County File No. 10035, 3. North 11 deg. 13 min. 50 sec.West 25.31 feet as measured along land now or formerly Shawn P.Tully, 4. North 87 deg.48 min. 30 sec.East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision, "Shawn Tully"; RUNNING thence from said point of beginning South 87 deg. 48 min. 30 sec. West along Lot 2, Subdivision, "Shawn Tully" 124.96 feet to a point; RUNNING thence through Lot 2, Subdivision, "Shawn Tully"the following thirteen(13) courses and distances: 1. North 11 deg. 13 min. 50 sec.West 167.29 feet, 2. North 78 deg.46 min. 10 sec.East 4.00 feet, 3. North 11 deg. 13 min. 50 sec.West 50.00 feet, 4. South 78 deg. 46 min. 10 sec.West 4.00 feet, 5. North 11 deg. 13 min. 50 sec. West 450.00 feet, 6. North 78 deg.46 min. 10 sec.East 4.00 feet, 7. North 11 deg. 13 min. 50 sec. West 50.00 feet, 8. South 78 deg.46 min. 10 sec.West 4.00 feet, 9. North 11 deg. 13 min. 50 sec. West 232.63 feet, 10. North 78 deg.46 min. 10 sec.East 142.59 feet to Lot 1, Subdivision, "Shawn Tully" RUNNING thence South 11 deg. 16 min.42 sec.East along Lot 1, Subdivision, "Shawn Tully 972.74 feet to the point or place of Beginning. CONTAINING an area of 3.1466 Acres. -2- CC# : C16-9694 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 03/04/2016 under Liber D00012855 and Page 102 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/04/2016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL - - c r t ' IIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages: 9 At: 02 : 43: 17 PM Receipt Number : 16-0033544 TRANSFER TAX NUMBER: 15-21671 LIBER: D00012855 PAGE : 102 District: Section: Block: Lot: 1000 022 .00 03 .00 001 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $11 .25 NO RPT $400 .00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $501,25 TRANSFER TAX NUMBER: 15-21671 - , THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Ii 1 I ] RECORDED, 2016 Mar 04 02g4307 PM JUDITH A. PASCALE E Number of pages 6_LEPI` OF SUFFOLK COUNTY This document will be- public .L,1)0001 855 P 1131-:1 record. Please remove-all CT# 15-21671 Social Security -,Naimbers" = _ prior to recording. ' Deed/Mortgage Instrument} Deed's Mortgage Tax Stamp Recording/Filing Stamps ' 3 FEES Page/Filing Fee �''� � s Mortgage Amt. 1.,13asic Tax Handling20. 00 2. Additional Tax TP-584 Sub Total- Spec./Assit. Notation EA-5217(County) Sub Total Spec.o/Add:" EA-5217(State) TOT..MTG.TAX,, Dual Town Dual County R.P.T.S.A. '� ®b� � Held for Appointment Comm.of Ed, 5: '00` Transfer Tax Mansion Tax Affidavit The property covered by this mortgage is Certi f D or will be irriproved by a one or two NYS'Surcharge `15.' 00 �7 family dwelling only. Sub Total YES t YES or NO Other ; Grand.Total' (fid , ,� If NO, see appropriate tax-clause on Jdf page# of this instrument. 4 Dist. 1006 31'03175- ; 5fCommunity-[Preseivitlori'Ftind 1001 T II��f��Ill�l ' - . Tax Real Serviice Property DH ILII��I��III�I ILII I���I��II I��I Consideration Arriount; -Agency 22-FEB-16 CPF Tax-Due $ Verification ---- — - -- - --------- ------- Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURNIO: Vacant Land TD Charles-R. Cuddy,Esq: PO Box 1547 y TD Riverhead;NY,l"X901 TD Mail to: Judith A. Pascale, SufFolk,County Clerk 7 Title Company Information 310 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 Fant of Access Easement made by: (SPECIFY TYPE OF INSTRUMENT) Shawn Tully The premises herein is situated in- SUFFOLK COUNTY,-NEW YORK. TO In the TOWN of Southold Aries Estates,LLC In the VILLAGE or.HAMLET of East Marion BOXES 6 THRU 8 MUST'BE TYPED OR PRINTED IN BLACK-INK ONLY PRIOR TO RECORDING OR FILING. over r PT Stat ID: 3103175 22_Fll=x_J1 Tax Maps District Secton Block Lot School District 1000 02200 0300 001000 ORIENT-EAST MARION 1000 02200 0300 002000 ORIENT-EAST MARION I r r • i GRANT OF ACCESS EASEMENT THIS GRANT OF EASEMENT is made on I"day of June,2015,by and between Shawn Tully residing at 535 West 23rd Street,New York,NY 10011 (hereinafter referred as"Grantor")and Aries Estates,LLC, a New York limited liability company with an office at 535 West 23' Street, New York,NY 10011 (hereinafter referred to as"Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road,East Marion,New York,which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B'annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The Easement is located at the southerly end of the Grantor's parcel and the Easement is more particularly,described in Schedule C (hereinafter referred to as the"Easement"). This Easement shall run in favor of the fixture owners of the Lots 1 and 2 on the Subdivision Map of Shawn Tully as prepared by Howard Young,Land Surveyor. 2. With regard to the use of the Easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the Easement described in Schedule"C"for the purpose of ingress and egress. (B) The terms"lot owner" or"lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of th6-p'articular lot owner or lot owners. (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations,restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said Easement, including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the Easement described on Schedule"C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the Easement and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the Easement shall be jointly made by the lot owners to such Easement. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the Easement. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) Both lot owners agree that the Easement shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot-owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (I) Notwithstanding anything to the contrary herein, each,and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) This Easement may not be revoked, rescinded, extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees,heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS HEREOF, Grantor has executed this Easement the day year first above written. Shawn Tully,grantor— Aries Estates,, LLC, Grantee By: Shawn Tully, Member , STATE OF NEW YORK ) ss.: - COUNTY OF M k'W YO 'e�` ) On the l day of '� L in the year 2015,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed.thq,i instrument. c=,�,,�'of.% ~`�,•,�S, '"{„ "'w'"^'p Notary Public - ,<,• ; a,•: '° Matanf public Stat®og N®tnr 1'f�rE� :ri auaIrded;in Kin Page 3 of 4 Commission Expires May 92, 61 99 ""5� E , 1 t STATE OF NEW YORK ) COUNTY OF E=w Yn � ss.: S� r- On the day of J U fie in the year 2015,before me,the undersigned,personally appeared Shawn Tully ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public eo MaINDA CHS : • ,,;, F a@Wry iubft, State of Now V©Eft No. 01CH50109% QuaPified.n Kings C@wjV commission Expires may 9ga 20 jif Page 4 of 4 t SCHEDULE A ALL THAT CERTAIN plot,piece or parcel of land, with the buildings thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Stars Road, distant northerly the following five (5) courses and distances: 1. North 22 degrees 52 minutes 50 seconds West, 181.14 feet; 2.North 38 degrees 06 minutes 30 seconds West, 29.92 feet; 3.North 13 degrees 36 minutes 00 seconds West, 176.83 feet; 4. South'83 degrees 22 minutes 30 seconds West, 20.04 feet; 5.North 10 degrees 13 minutes 30 seconds West, 2425.14 feet from the corner formed by the intersection of the northerly side of Main Road with the easterly side of Stars Road, as measured along said easterly side of Stars Road, which said point or place of beginning marks the division line between Lot 21 on a certain map entitled, "Map of Soundcrest Woods," and filed 2/9/69 as Map No. 5315, and premises conveyed herein; and from said point or place of beginning RUNNING THENCE North 08 degrees 40 minutes 18 seconds West along said easterly side of Stars Road, 52.36 feet; THENCE North 10 degrees 31 minutes 00 seconds West along land now or formerly of Stars, 1821.16 feet to the ordinary high water mark of Long Island Sound; THENCE easterly along said ordinary high water mark of Long Island Sound,the following two (2) courses and distances: 1. South 48 degrees 28 minutes 40 seconds East, 261.25 feet; 2. South 58 degrees 14 minutes 50 seconds East, 198.03 feet to land now or formerly of,Philip DeNicola; ' THENCE South 11 degrees 13 minutes 50 seconds East along said land now or formerly of Philip DeNicola, 1575.77 feet to a granite monument and land now or formerly of Richard'Israel; THENCE North 84 degrees 54 minutes 00 seconds West along said land nor or formerly of Richard Israel, 150.06 feet to Lot No. 21 first mentioned above; THENCE South 79 degrees 46 minutes 30 seconds West along the northerly line of Lot No. 21, 184.04 feet to the easterly side of Stars Road, at the point or place of BEGINNING. SCHEDULE `A . ALL that certain plot,piece or parcel of land;situate;lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh7s Court; 1.' North 11 degrees 44 minutes 10 seconds West 213,50 feet; 2. North I 1 degrees 40 minutes 00 seconds West 196.87 feet; 3. South-.57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 8 9.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; {$`' 8. North 11 degrees 50 minutes 20 seconds West 126,14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12, South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... 1 j J Schedule .s RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING TMNCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8,2006; RUNNING THENCE along the following three tie lines: I. South 73 degrees 10-minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. ' -_:,a - :__- --., _=:_. r �--.-rte-_m=�—.._<-•_x--a-+-�.+x:r_-,iu.=.-_=,,.av:}.� ..:t:._.��^J:�'a ,:�:t:s.n........_.r.�r'=i..i.^,ci:... _ ._ _. _ ,- .._.;� i_v:,,-e.r.�__ 1 euro,. _. .,.-__ �....-_._ .r_=___:. _.c_c-'_r..7=.crci...�.=u�_`..-_._.-.ss-�.x__��=._—_=.tea..r-,=rs��.�:-r_a_.r__, ..»-u-rr:�.--:.._c.c.__.n._.�_-..v.ur=�_r_..+.=-.3,,._1_....-.;-..�_z---.r..-.._.+:-.-=.x_-c.,s—.--r_•_un.� A SCHEDULE "C" Shawn Tully at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - Access Basement ALL that certain'plot,piece or parcel of land with tl c buildings.andimprdvement&thereon erected, situate,lying and being at East Marion,Towzi,of Southold,County of Suffolk and State of New York,known and designate' as a 50',xight,of way over lana now or fditnerly Shawn P.Tully,as shown on Subdivision Map,'Shawn Tully',more particularly bounded and described as�follaws, BEGINNING at a point-on'the easterly side of Stars Road-at the roorthwesteriy corner'of.Lot 21, Subdivision, "Map of Sounderest Woods, Section 1",Suffolk County rile No.5315; RUNNING thence from said point of beginning,North 08 deg, 40 min,18 sec,West along the- easterly heeasterly side of Stars Road 50.02 feet to a point; RUNNING thence through land now or formerly Shawn P.Fully the,folloNc ing three(3) courses and distances: 1. North 79 deg.46 min. 30 sec.East 189.41 feet, 2. South 84 deo. 54 min.00 sec.East 102.75 feet, 3. On the aro of a curve to the left having a radius df'29.�0 Feet for a distance of 54:75 feet to Lot 2, Srtbdivision, "Shawn Tully"; RUNNTING thence South 11 deg. 13 min, 50 sec: East along Lot 2,Subdivision, "Shaven Tully" 91,49 feet to and monument found and land now or formerly Camille Sinatra&Richard Sinatra; RUNNING thence North 84 deg. 54 ruin. 00 sec.West along land now or formerly Camille- Sinatra amilleSinatra&Richard Sinatra 150.06 feet to a monument found and Lot 21,Subdivision, "Map of Sounderest Woods, Section V File No. 5315; RUNNING thence South 79 deg.46 min. 30 sec. West along Lor:21, Su4divisi.on.-"Map of Soundcrest Woods, Section 1" 184.04 feet to the point or place of Beginning. f -` o CC# : C16-9695 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 03/04/2016 under Liber D00012855 and Page 103 and, that the same is a true copy thereof, and of the whole of such original. 11 In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 03/04/2016 SUFFOLK COUNTY CLERK (�;Z di=e— Q. 41 . , JUDITH A.PASCALE SEAL; I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII(IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages : 8 At: 02 :43: 17 PM Receipt Number : 16-0033544 TRANSFER TAX NUMBER: 15-21672 LIBER: D00012855 PAGE : 103 District: Section: Block: Lot: 1000 022 . 00 03 . 00 001 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 .00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $10 . 00 NO RPT $400 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $495.00 TRANSFER TAX NUMBER: 15-21672 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County I � i 1 [ RECORDED 2016 Mar- 04 02.-43,17 PM JUDITH A. PASCALE Number of pages CLERK OF SUFFOLK COs�HTI, L D00012855 This document will be public P 1'x.3 record.Please remove all DT# 15-4216712:, Social Security -Nbmbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp " Recdrding/Filing Stamps 3 FEES Page/.Filing,Fee - -,�-�' �. � , - � Mortgage Amt. .; _ 1Basic Tax, Handling 20. 00 2. Additional Tax TP-584- - - �" Sub!Total Notation Spec./Assit. / or EA-5217(County) Sub Total- Spec./Add.,, EA-5217(State) TOT.MTG.TAX R.P.T.S.A. �� V0�� ���� Dual Town Dual County �® Held for Appointment Comm.of Ed. 5_00 Transfer Tax Affidavit '* Qe Mansion Tax INiR � The property covered by this mortgage is kl+;Certife'd�Gopy. '�"" or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only., Sub Tdtal YES or NO Other p Grand Total If NO, see appropriate tax clause on �J page# of this instrument. 4 [Dist, 1( 3103176C®e�rroaavvityPresecvi$e®oa Fraanm9 Real Property ` P T S Consideration Amount $ �J Tax Service R DSIO A I I�DI��III�I ILII 88I�8III�I ILII I��I�VIII I DI T� Agency 2a-FEB-16 CPF Tax Due $ Verification ------ -- -- -- --- ----- ---- ---- ----- -= 'Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD t C� Charles R. Cuddy,Esq. PO Box 1:547 TD Riverhead;NY 11901 TD -Mail to: Judith A. Pascale;Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.su#olkcountyny.gov/clerk Title# Suffolk County RecordIng & Endorsement Page This page forms part of the attached Common Driveway Agreement t- s. e wtGI't.j made by: (SPECIFY TYPE OF INSTRUME T) Aries Estates,LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold In the VILLAGE or HAMLET of East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over ti p R DHO AStat ID: 3103176 22-FEB-16 Tax Maps District Secton Block Lot School District 1000 02200 0300 001000 ORIENT-EAST MARION 1000 02200 0300 002000 ORIENT-EAST MARION r ,�- Z t COMMON gIUVEWAY AGREEMENT THIS INDENTURE, made as of this l' day of June, 2015, by Aries Estates,LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS,Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk;and State of New York,more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required,pursuant to the subdivision approval granted by the Planning Board of the Town of'Southold in a resolution adopted on March 10, 2014, to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto; WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,New York; NOW, THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over a 50 foot right of way on the premises known as SCTM#1000-22-3-1 extending from the southerly property line to Stars Road. These lots shall share access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule`B" annexed hereto and made a part hereof. 2. The common driveway shall permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule`B"for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Agreement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. -1- _ v... .x....w.oma-1,......._..i.x..1_. ...._.o-....„.. .i._v-.._....,.v..;._...._.,. ._,.. ....�._._..u._=.. ".v:.U.u....i--...=.L� -..A,� - .- --__ (C) Each lot owner affected by this Agreement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Agreement. (D) The word"maintenance"as used in this Agreement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule"B"annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of inoney'to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner,the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance J expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real- -2- f ' property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses,including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense,their respective common driveway, as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Agreement may not be revoked,rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Agreement runs with the land and is binding upon all grantees,heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Agreement the day and year first above written. Aries Es afea7LLCBy: Shawn ully, Member -3- . t • 1 f • . t • STATE OF NEW YORK ) COUNTY W�'W � On the yi day of �� �' in the year 2015, before me,the undersigned, personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public MUNDA CHS NW&V Public,state-of ma-d vod� No. BI H501GRO5 @Udified M vj Cor Expifes May 12,90r -4- SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1. North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; _ 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... Schedule"A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210:60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.70 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING T H{ENCE.along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING NG T]HIENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. SCHEDULE "B" Shawn Tully at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - .Access Easement ALL that-certain plot,piece or parcel of land with the buildings and improvements,thereon erected, situate, lying and being at East Marion,,Town of Southold, County of Suffolk and State of New York,known and designated as a 50'right'of way over land now-or formerly Shawn P.Tully,as shown on Subdivision Map, "Shawn Tully",more pai ticularly bounded and described as follows: BEGINNING at a point on the easterly side of Stars Road at the northwesterly corner of.Lot 21, Subdivision, "Map of Soundcrest Woods, Sec6on-1", Suffolk County File No. 5315; RUNNING thence from said point of beginning North 08 deg. 40 min. l$sec,West alo4g ih© easterly side of Stars Road 50.02 feet to a point; RUNNING thence through land now or formerly Shawn P.Tully the,fo110*ing three(3) courses and distances: 1. North 79 deg.46 mina 30 sec.East 189.41 feet 2. South 84 deb. 54 min.00 sec.East 102.75 feet, 3. On the are of a curve to the left having a radius of'29:5O feet for a distance of 54.75 feet to Lot 2,Subdivision, "Shawn Tully"; RUNNING thence South 11 deg, 13 min. 50 sec:Just along Lot.2,Subd vision, "Shawn Tully" 91.49 feet to and monument found and land now or formerly Camille Sinatra&Richard Sinatra; RUNNING thence North 84 deg. 54 min. 00 sec West along land now or forrrierly Camille Sinatra& Richard:Sinatra 150.06 feet to a monument found and Lot 21,Subdivision, 'q\4ap of Soundcrest Woods, Section 1"File No. 531.5; RUNNING thcnee South 79 deg. 46 nun. 30 sec. West along Lot 21,Subdivision, "Map of J Soundcrest Woods, Section 1" 184.04 feet to the point or place of Beginning. k From: Henry Santa {henrysanta 1 @gmail.com> Sent: Wednesday,July 15, 2026 12:01 PM 'Sy 6-, To: Westermann, Caitlin F81 14 1 Qc fM c J /1 Subject: Re: Hello C( IMF �7["-rI- ED .lust sent three pictures of Tully property with new fence blocking road in middle of preserve Stars road east marion i Sent from my Whone On Jul 15, 2026, at 11:22 AM, Westermann, Caitlin<caitlinw@southoldtownny.gov>wrote: As per request. Thank you, emitliw &Aextermaml o r I Office Assistant ,9outhold 7-own Planning Department P.O. $ox 1179 51,475 JKain Road Routhold, New York 71971 697-7'6'5-1939 a , ANZ 001UNTI' r i ' G I II - Q i u , a a J 1 t 1 y F - t y Y u F- y q� e a z y.. t ' IV _ t ,. a ,r r J v ' 6i i i M III,u II(i n r'r � r r ri i �/� �',el/��� f �J����11➢AN1iiV'yr�y./s;'� Y � � ��„����(y,:,���)f D)i�imf�Y�ifi!1 1 4 J��,,,i„,! 1 fr Imo. 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"'' y I �iI � /r1���Mw aJy�wol'Nf<, V ,1 ,"' „,✓ "i of � „ v, � �;, fg'nk �.. rig" ✓ Y'r w 1 �r�i 7N'41� iX n �M��,. � ,� a III ✓ li",� I ", Y ink, ",�' rr�rll�e' ,�ii ��f; '�is " n o- i i �v w n� � i F" v r- i�sr i � ru, , r � r i J � N m u' r 4 r t rY , I Q ry i c , i u y o From: Lanza, Heather P ( C MC Sent: Wednesday, July 15, 2026 9:31 AM To: Westermann, Caitlin � �227YAM-C Cc: Michaelis, Jessica 15 2026 Subject: FW: Shawn Tully at East Marion, T/O Southold, NY JUL Attachments: 2006_0033_frd.pdf SOUTHOLD TOWN PLANNING OARD ZZ- - 3 - 2_ Incoming mail for the file. This new version. There may be an old version in the file already. This updated one should be at the top of the Laserfiche file with the approved map. From:Tom Wolpert<TCW@youngengineering.com> Sent:Tuesday, July 14, 2026 11:03 AM To: Collins, Michael<michael.collins@town.southold.ny.us> Cc: Lanza, Heather<heather.lanza@town.southo Id.ny.us>; Doug Adams<DEA@youngengineering.com> Subject:Shawn Tully at East Marion,T/O Southold, NY Michael, Attached is a copy of the Final Road & Drainage Plan (Sheets 1-2 of 2) last dated July 7, 2026, for your review and approval. This plan was previously approved by the Town during the subdivision review and approval process. If you have any questions,or require any revisions to this plan, please contact us. Thank you for your assistance. Tom ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i MAILING ADDRESS: PLANNING BOARD MEM 3ERS I) S r `�r', P.O. Box 1179 Southold, NY 11971 DONALD J.WILCENSHI Chairs OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY zS 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ._ ��� . Southold, NY Telephone: 631 765-1938 www.s outhol dtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 7, 2017 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Bond Reduction: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at 3995 Private Road #1, approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 6, 2017: WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on November 4, 2013; the Southold Town Planning Board accepted the, Draft Bond Estimate for Aries Estates/Shawn Tully in the amount of$34,520.00 and recommended the same to the Southold Town Board; and WHEREAS, on April 21, 2015, the Southold Town Board accepted the Performance Bond in the sum of$34,520.00; and WHEREAS, on March 8, 2016, the Planning Board, reduced the Performance Bond from the amount of$34,520.00 to $19,520.00; and WHEREAS, the agent submitted a request to release the Performance Bond; and Aries Estates Page 2 February 7, 2017 WHEREAS, in a January 19, 2017 email to the Planning Department, the Office of the Town Engineer indicated that all work has been completed in a satisfactory manner; therefore be it RESOLVED, that the Southold Town Planning Board hereby recommends to the Southold Town Board the release of the Aries Estates Bond in the amount of $19,520.00. If you have any questions regarding the above, please contact this office. Very truly Yours, Donald J. Wilcenski Chairman Encl. cc: Elizabeth A. Neville, Town Clerk Southold Town Planninq Board Work Session — Janua 23 2017 -- Page 2 Name: Project Southold Gas Station & Convenience Store I _ 1 � - SCTM#: 1 noun s 000-55-5-2.21 Location, 45450 CR 48, on the s/w corner of CR 48 and Y g Avenue, Southold.; Description: This Amended Site Plan is for the proposed conversion of an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales, with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and the other at 50' x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 f acres in the General Business (B) Zoning District. Status_; Pendinq . _ � Determination of Adequacy Action: DEIS D Attachments, Staff Report Project Name: Martz Standard Subdivision SCTM#: 1000_ 0 104-12-6.1 Location, 555 Broadwaters Road, approximately 80' west of Wunneweta Road, Cutchogue l Description: This proposal is for a Standard Subdivision of a 1.62 acre parcel into two lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft. i Status: Conditional Preliminary Plat Approval n I Action: Status Update Attachments. Staff Report Project name: Aries Estates/Tully SCTM#: ( 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 nq District. . Status: Final Ap Zoni S proval _ Action. Discuss bond release. Attachments, None Discussion: ❖ Draft comments to ZBA re: Verizon at MGH Enterprises SCTM#1000-15-9-8.1, 40200 Route 25, Orient Michaelis, Jessica From: Terry, Mark C Sent: Friday,January 20, 2017 8:56 AM To: Michaelis,Jessica Subject: FW:Aries Estates - Road Drainage Inspection 12 16.doc . . .nU iw t:(:ukt lown bard II����� w Please file. From: Richter, Jamie Sent: Thursday, January 19, 2017 3:03 PM To: Terry, Mark Subject: RE: Aries Estates - Road Drainage Inspection 12 16.doc Mark I just got back to the office. The 12 16 inspection report noted three items. The seeding was done but the grass has not fully established but it appears to be germinating well even in this cold climate. The concrete block apron is satisfactory and the drainage has been approved. As-built drawings have not always been required by the Planning Board and the road in this subdivision has been constructed as per the design drawing. After reviewing all of my inspection reports, I consider this subdivision to have been completed in a satisfactory manner. If you need additional information please let me know. Jamie James A. Richter, R.A. Storinivater Mari<ager Office of the Iaiguieer Towri of Southold, Ncw York Stormwater Management Control Plan Website: http://www.southoldtownny ov/ ndex.maspx?nid-195 Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipients). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Terry, Mark Sent: Thursday, January 19, 2017 1:30 PM i To: Richter, Jamie Subject: FW: Aries Estotes - Road Drainage Inspection 12 16.doc Jamie, Please advise if all has been completed, From: Charles Cuddy [ma ilto:Cha rIesCuddy@bOptonIlne.Net] Sent: Thursday, January 19, 2017 11:40 AM To: Terry, Mark Subject: RE: Aries Estates - Road Drainage Inspection 12 16.doc Mark: Our understanding isthat all items have been completed and Mr. Richter will confirm that. Please place this on the Board's agenda so it may recommend release of the deposit. Charles R. Cuddy Attorney at Law 445 Griffing Avenue Riverhead, New York 1190I 631-369-8200 631-369-9080 fax From:Terry, Mark Sent: Wednesday,January 18, Z0173:57PM To: Cc: Subject:Aries Estates Road Drainage Inspection 1216.doc Charles, I received a call from Shawn Tully today regarding the Bond and see that Jamie Richter has inspected the property and several items remain outstanding as indicated in the attached letter. Could you please let this department know when the items are satisfied, Mark Terry,A|[P,APA Assistant Director mfPlanning LVVRPComrdinator Town ofSouthold S437GState Route 2S P.C]' Box 1179 Southold, New York, 11871 (631)765-1938 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF S�(/Ty P.O.Box 1179 54375 State Route 25 ��� Ol0 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY � J�6 Telephone: 631765-1938 www.southoldtownny.gov �yCOUNTY,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD i March 8, 2016 (Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Bond Reduction: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at 3995 Private Road #1, approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 7, 2016: WHEREAS,this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and I WHEREAS, on November 4, 2013, the Southold Town Planning Board accepted the Draft Bond Estimate for Aries Estates/Shawn Tully in the amount of$34,520.00 and recommended the same to the Southold Town Board; and WHEREAS, on April 21, 2015, the Southold Town Board accepted the Security Payment in the sum of$34,520.00; and WHEREAS, on January 4, 2016, the agent submitted a request to reduce the Performance Bond as the applicant has installed the fire well required by the East Marion Fire Department; and WHEREAS, on January 15, 2016, a referral was sent to the East Marion Fire Department requesting their review and approval of the fire well; and WHEREAS, on February 9, 2016, the Fire Department responded stating that they approved the installation of the fire well; and i Page 2 of 2 Aries Estates March 8, 2016 WHEREAS, on February 12, 2016, the Office of the Town Engineer reviewed the Fire Department's response and agreed to the reduction of the bond in the amount of$15,000.00, the cost of the fire well, as shown on the Bond Estimate dated October 11, 2013; and WHEREAS, on March 7, 2016, the Planning Board, at their Work Session, agreed to a i reduction in the bond from the amount of$34,520.00 to $19,520.00; be it therefore f RESOLVED, that the Southold Town Planning Board hereby recommends to the Southold Town Board the reduction of the Aries Estates Bond from the amount of $34,520.00 to $19,520.00. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman Encl. cc: Elizabeth A. Neville, Town Clerk Sabatino, Alyxandra K C -930AL1-AT1 From: Richter,Jamie n� Sent: Friday, February 12,2016 10:37 AM tEC uT • Sabatino, Alyxandra K. Subject: RE:Aries Estates Bond 2 2016 Southoid Town Planning Board Aly I have received the East Marion Fire Commissioners approval of the Fire Well installation. Therefore,at the discretion of the Planning Board,the Bond estimate may be reduced by the amount indicated for the Fire Well in the approved Bond. if you have any questions regarding this issue, please contact my office. Thank you Jamie � f�. James A.Richter, R.A. Storrmvater Manager Office of the Engineer Town of Southold,New York Stormwater Management Control Plan Website: htty//www southoldtownn�gov/index.aspx?nid=195 Office: 631-766-1560 Cell: - 631-926-9430 CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information. it is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please.contact-the sender and destroy all copies of the communication. From: Sabatino, Alyxandra_K. Sent: Thursday, February 11, 2016 4:08 PM To: Richter, Jamie Subject: Aries Estates Bond Jamie, The East Marion fire department approved the constructed fire well for the Aries Estates subdivision and,the applicant is requesting a reduction of the bond. Please let me know if a reduction is applicable. Thanks, Aly Alyxandra Sabatino 1 /'t7ifa(f 1'. RESOLUTION 2015-369 ADOPTED DOC ID: 10746 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2015-369 WAS �- ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON -�YJ APRIL 21,2015: p p LT &� RE `='SOLVED that the Town Board of the Town of Southold hereby E. E u WE Applicant,accepts the security payment m the sum of$34,520.00 from Ppcant ASR 23 2015 , Shawn Tully's attorney,pursuant to Section 240-34 of the Southold Town Code for the proposed Standard Subdivision entitled"Aries Estates", Southold Town SCTM#1000-22-3-2,as recommended by the Southold Town Planning Planning Board Board, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty,Councilwoman SECONDER:William P.Ruland,Councilman AYES: Ghosio,Dinizio Jr,Ruland,Doherty,Evans,Russell �r WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 7, 2016 - 2:30 p.m. Southold Town Annex Board Room 2ND Floor, Capital One Bank Building 2:00 p.m.Executive Session - Matters of Litigation 2:30 p.m.Applications Project Name: A & S Southold Oil Corp. Gas ; SCTM#: 1000-70-7-4 Station Canopy_____—___ Location: ; 49670 NYS Route 25, Southold -- -- ---------------- ------ ----- -- - - - --- - -- -- - - - ------ ----- Description: i This amended Site Plan is for the construction of a 1,568 sq. ft. canopy pursuant to ZBA File #6757 to cover the existing fuel pumps on 0.3 acres, ' in the General Business (B) Zoning District._ I Status: ; Pending Action: _ ' Review revised Site Plans. Attachments: -_Staff Report Project Name_ ' The Heritage at Cutchogue 2015 ; SCTM#: 1000-102-1-33._3 Location: 75 Schoolhouse Road, on the n/w corner of Griffing Street and School _I House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. Description: ; This proposed Residential Site Plan is for development of 124 detached and attached dwelling, with a 6,188 sq. ft. community center, an outdoor swimming pool, one tennis court, and various other associated site improvements, on a vacant 46.17-acre,parcel in the Hamlet Density (HD) Zoning District. ' Status: ; Pending-- - --- - - ------ -------- ' Action: Review of next steps & staff comments on the DEIS. ------ --- --- - --- - - --- - --- - -- --- ---- -- - - -- - - - -- - Attachments: None - ----------- - --------- - ------- - ------------------ - - - --- ------- - --- - ' Project name: Aries Estates/Tully SCTM#: ' 1000-22-3-2 Location: ; at the westerly terminus of a private right-of-way which extends north from Kayleigh's Courtin East Marion _ Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where1ot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in -the the R-80 Zoning District.----- ----------- - --------- ---- - ----- -- -- - - - - - - Status: Conditional Final Approval - -- -------- ---- - -- --- -- ----- -- Action: Discuss bond reduction. ------- ----- ------------- - -- - ---- ----- -- --- - - -- --- - - --- - --- - - ---- -- -- Attachments: Staff Report r L CHARLES R.CUDDY MAR ® 7 2016 ATTORNEY AT LAW 445 GRIFFING AVENUE Southold Town RIVERHEAD,NEW YORK Planning Board Mailing Address: TEL. (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 March 7, 2016 E-mail- charlescuddy@optonline.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: With reference to the above subdivision, enclosed please find the certified copies of the following documents: 1. Declaration of Covenants and Restrictions 2. Open Space Conservation Easement 3. grant of Access Easement 4. Common Driveway Agreement We believe that the applicant has now complied with all of the conditions of the conditional final approval. Very truly yours, C Charles R. Cuddy CRC/ik Enclosure Lk MAR 22 2016 Sabatino, Alyxandra K. Planning Board From: Tully, Shawn - Fortune <shawn_tully@fortune.com> <shawn_tuf y@fortune.z-om Sent: Tuesday, March 22, 2016 2:47 PM To: Sabatino,Alyxandra K. Subject: hi Ally, here is letter you requested via Charles Cuddy best, Shawn TO:Ally Sabatino FR: Shawn Tully,owner 3995 Private Rd, East Marion In response to your request, I am writing to confirm that all electrical wires on my property have been installed underground. The electrical wires serving the neighboring property to the east have also been installed underground. The wires that remain above ground are providing telephone and cable TV service to the property of my neighbor, David Schiff,abutting my property to the east. Thanks for you help in finishing work on the subdivision. Sincerely,Shawn Tully 1 t IYOUNG &YOUNG = Telephone (631) 727-2303 4 Ostrander Avenue Facsimile (631) 727-0144 Riverhead, New York 11901 admin@youngengineering.com HOWARD W. YOUNG,Land Surveyor THOMAS C.WOLPERT,Professional Engineer S DOUGLAS ADAMS,Professional Engineer ��o (,cT ROBERT C. TAST,Architect D pp FEB2� 2016 February 19, 2016 southoid fawn Planning Board ATTN: Ms. Alyxandra Sabatino Town of Southold P.O. Box 1179 Southold, New York 11971-0959 RE: SHAWN TULLY at East Marion, Town of Southold (15-0035) Dear Ms. Sabatino: Young and Young has installed concrete monuments as shown on Final Road and Drainage Plan, last dated October 1, 2013. Very truly yours, t Howard W. Young HWY/dc cc: Charles R. Cuddy,Esq. Mr. Shawn Tully +bill Planning Engineering Land Surveying Sabatino, Alyxandra K. p00,- L, LATiA5 From: Richter,Jamie Sent: Friday, February 12, 201610:37 AM D E C E � V E To: Sabatino, Alyxandra K. Subject: RE:Aries Estates Bond LFEB112 2016 Southold Town Aly Planning Board I have received the East Marion Fire Commissioners approval of the Fire Well installation. Therefore,at the discretion of the Planning Board,the Bond estimate may be reduced by the amount indicated for the Fire Well in the approved Bond. If you have any questions regarding this issue, please contact my office. Thank you Jamie James A. Richter, R.A. StorniNvater Manager Office of the Engineer Town of Southold, New York Stormwater Management Control Plan Website: http://www.southoldtowtul�gov/index.aspx?nid=195 Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s) Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient. please contact the sender and destroy all copies of the communication. From: Sabatino, Alyxandra K. Sent: Thursday, February 11, 2016 4:08 PM To: Richter, Jamie Subject: Aries Estates Bond Jamie, The East Marion fire department approved the constructed fire well for the Aries Estates subdivision and,the applicant is requesting a reduction of the bond. Please let me know if a reduction is applicable. Thanks, Aly Alyxandra Sabatino 1 1 L r' CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mailing Address- TEL. (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 February 11, 2016 E-mail: charles.cuddy@verizon.net P Q)14-Lt Ms. Alyxandra Sabatino, Town Planner W7�-� FEB 12 Southold Town Planning Department 1 PO Box 1179 Southold Town Southold,New York 11971 Planning Board RE: Aries Estates subdivision Dear Ms. Sabatino: We are enclosing four(4) mylars and twelve (12)prints of the Final Plat last dated October 20, 2015 endorsed with the Suffolk County Department of Health Services-approval stamp. Very truly yours, C�"41" Charles R. Cuddy CRC/ik Enclosure E�- f MARION FIRE DIST..�%".T � Board of Fire Commissioners , PO Box 131 Main Road - East Marion, NY 11939 J !' (631) 477-0163 - Fax (631) 477-8310 Email: EMFDistrict@optonline.net January 27, 2016 ; D E BVI Alyxandra Sabatino FEB 09 2ai6 Town Planner Southold Town Southold Town Hall Planning 3card 54375 State Route 25 PO Box 1179 Southold, NY 11971 Re: SCTM#1000-22-3-2 New Fire Well at the Subdivision known as Aries Estates/Shawn Tully Located at the westerly terminus of a private right—of-way which extends north from Kayleigh's Court in East Marion. Alyxandra Sabatino, After review by the East Marion Fire Department Chief and the East Marion Fire District Board of Commissioners, it has been found that they approve the installation of the fire well. Sincerely, Laura Fauteux Char Commissioner of East Marion Fire District Sabatino, Alyxandra K. PP)� �+U- �-k T From: Charles Cuddy <Charles.Cuddy@Verizon.Net> _ Sent: Thursday,January 14, 2016 9:59 AM tAN To: Sabatino,Alyxandra K. DSubject: Aries Estates subdivision Attachments: D00012516.pdf2016 Follow Up Flag: Follow up Southold Town Planning Board Flag Status: Flagged ' Aly: Attached is the Completion Report for the fire well installation. What arrangements can be made for the inspection so the portiton of the performance bond may be released? Charles R. Cuddy 1 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1-4738-03827/00002 county Suffolk 0 Well Number S 133823 COMPLETION REPORT—LONG ISLAND WELL OWNER 'LOG Shawn Tully - #108806 ADDRESS Ground surface is located—Ft. 1271 Avenue of the Americas Room 1623 New York, NY 10020 abovelbelow(+)(-)MSL LOCATION OF WELL Top of casing Is located Ft 3995 Private Road#1 East Marion abovelbelow(+)(-)MSL DEPTH OF WELL BELOW SURFACE DEPTH TO GROUNDWATER FROM SURFACE TOP OF WELL 80 T37 0 ------- CASINGS DIAMETER 8 In. I in. I in. I In. Sand LENGTH 37 ------- Water 60 ft. � n. � ft � fL SEALING CASINGS REMOVED and Well Seal 58 --------- Top of SCREENS Screen MAKE OPENINGS Gravel Wesco 10 Slot DIAMETER 80 ------- 8 In. in. I In. I In. LENGTH 20 ft. ft. I ft. ]I ft•DEPTH TO TOP FROM TOP OF CASING PUMPING TEST DATE !TEST OR PERMANENT PUMP? DURATION OF TEST MAXIMUM DISCHARGE days I hours gallons per min. STATIC LEVEL PRIOR TO TEST LEVEL DURING MAXIMUM PUMPING n fL top of casing ft. I top of c�asi..g MAXIMUM DRAWDOWN I Approximate time of return to normal level after cessation of pumping fL hours ( min. PUMP INSTALLED TYPE MAKE MODEL NUMBER MOTIVE POWER MAKE H.P. Elec Berkeley 10 CAPACITY 350 g.p.m.against ft.of discharge head NUMBER OF BOWLS OR STAGES it of total head DROP LINE SUCTION LINE DIAMETER DIAMETER 4 ' In. . In. LENGTH LENGTH 50 fr. ft. METHOD OF DRILLING USE OF WATER [__1 rotary El cable too[ 11 other Firewell WORK STARTED COMPLETED , 10/30/15 10/30/15 DATE DRILLER REGISTRATION NO. 12/1/15 1 Robert Casola 241 NOTE: Show log of well materials encountered,with depth below ground surface,water bearing beds and water levels In each,casings,screens,pump,additional pumping tests and other matters of interest.Describe repair Job.See Instructions as to Well Drillees Registration and Reports. DUPLICATE—Retain SKETCH OF LOCATION N s 0) Z tII O " YU c LU Private Road 99 0 Q - +/_1000'. +/-72511 Stars Road Locate well with respect to at least two streets or roads, showing distance from corner and front of lot. Show North Point Arrow CHECK THE TOWN IN WHICH THE PROJECT IS LOCATED: Nassau County: s ❑Hempstead ❑North Hempstead ❑Oyster Bay Suffolk County: ❑Babylon ❑Brookhaven ❑East Hampton ❑Huntington ❑islip ❑Riverhead ❑Shelter Island ❑Smithtown ❑Southampton Southold Well Location Coordinates Latitude 41 8,,,1858 N Longitude 72 20.5596 W Method used: V GPS Qther(specify) Sabatino, Alyxandra K. I � M� ► From: Richter,Jamie D E C U U Sent: Thursday,January 14, 2016 9:19 AM ^�� i To: Sabatino,Alyxandra K. JAN 2016 Cc: Lanza, Heather Subject: Aries Estates -Installation of Fire Well Southold Town Planning Board Follow Up Flag: Follow up Flag Status: Flagged Aly I am in receipt of you request to inspect the Fire Well at the above referenced Subdivision with regard to a Bond Reduction. Typically, it is the Local Fire Department and the Fire Commissioners that would test and approve of the Fire Well. They need to make sure they have easy access and that their equipment is compatible with the Fire Well. They also need to verify if there is sufficient water supplied by the well. Therefore,you must request this inspection from the East Marion Fire District. Once the Fire Department has approved the installation the Planning Board may consider a Bond Reduction. Jamie James A. Richter,R.A. Stormwater Manager Office of the Engineer Town of Southold, New York Stormwater Management Control Plan Website: http://www.southoldtownpiy.gov/index.aspx?nid=1 95 Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. - 1 ,z Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Friday,January 22, 2016 11:57 AM To: 'Howard Young'; charles.cuddy@verizon.net Cc: 'shawan_tully@fortune.com'; 'Doris Connolly'; Lanza, Heather Subject: RE: Subdivision - "SHAWN TULLY" Charles and Howard, I have reviewed Howard's email and compared it to the map. I understand that 0.1046 acres of the earth driveway have been counted in the Driveway Access for Lot 1 shown on the Table of Areas. As such the amount of Development Area proposed meets the 40%Town Code requirement. The following are still required before a final determination is rendered by the Planning Board: 1. Submit four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. 2. Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. If the concrete survey monuments are installed, please submit a formal letter to the Board stating that they are removed. 3. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions,Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. Please let me know if you have any questions. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino@town.southold.ny.us From: Sabatino, Alyxandra K. Sent: Monday, December 21, 2015 1:55 PM To: Howard Young Cc: charles.cuddy@verizon.net; shawan tully(a)fortune.com; Doris Connolly Subject: RE: Subdivision - "SHAWN TULLY" Thank you Howard. I will review the below and get back to you. Aly Alyxandra Sabatino Planner,Town of Southold Phone-631-765-1938 1 . I A. Email:Alexandra.Sabatino@town.southold.nv.us From: Howard Young [mailto:HWYCai)youngengineering.com] Sent: Monday, December 21, 2015 11:23 AM To: Sabatino, Alyxandra K. Cc: charles.cuddyq&verizon.net; shawan tully@fortune.com; Doris Connolly Subject: Subdivision - "SHAWN TULLY" Dec. 18, 2015 Subdivision - "SHAWN TULLY" SCTL 1000-22-3-2 Dear Aly, OPEN SPACE DATA & TABLE OF AREAS We have reviewed the "Open Space Data" and the "Table of Areas" as shown on the above referenced subdivision map. The total area of the earth driveway encroaching along the easterly subdivision boundary is 0.1076 ac. This area the "bluff and beach" area is subtracted from the total area to obtain the "Buildable Lands" of 10.5474 ac. "Driveway Access No 1" is 0. 6682 ac. and includes 0.1046 ac. of the earth driveway, therefore the "Staff's" assumption that the Driveway Access Area and the Buildable Area can simply be added is incorrect. The earth driveway encroachment area of 0.1046 ac. was previously excluded from the Total Buildable Lands. Very truly yours, }f awa.�c�i Howard W.Young,LS I Young&Young g 400 Ostrander Avenue Riverhead,NY 11901 631 727.2303(o) 631 727.0144(0 hWVOyoungengineering com 2 Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Tuesday,January 19, 2016 10:59 AM To: charies.cuddy@verizon.net Subject: FW:Aries Estates -Installation of Fire Well Charles, As outlined below, please have the East Marion Fire Department test and approve the Fire Well.The fire department must verify that there is sufficient water supplied by the well. Please let me know if you have any questions. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alyxandra.Sabatino@town.southold.ny.us From: Richter, Jamie Sent:Thursday, January 14, 2016 9:19 AM To: Sabatino, Alyxandra K. Cc: Lanza, Heather Subject: Aries Estates - Installation of Fire Well Aly I am in receipt of you request to inspect the Fire Well at the above referenced Subdivision with regard to a Bond Reduction. Typically, it is the Local Fire Department and the Fire Commissioners that would test and approve of the Fire Well. They need to make sure they have easy access and that their equipment is compatible with the Fire Well. They also need to verify if there is sufficient water supplied by the well. Therefore,you must request this inspection from the East Marion Fire District. Once the Fire Department has approved the installation the Planning Board may consider a Bond Reduction. Jamie 7 James A. Richter, R.A. Stormwater Manager Office of the Engineer Town of Southold, New York Stormwater Management Control Plan Website: http://www.southoldtownny.gov/index.aspx?nid=l 95 i i OFFICE LOCATION: �0 SOU MAILING ADDRESS: Town Hall Annex � ljy® P.O. Box 1179 54375 State Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY Telephone: 631 765-1938 www.southoldtownny.gov cOUN�,�'� PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 15, 2016 Mr. Walter Gaipa, Secretary East Marion Fire District P.O. Box 131 East Marion, NY 11939 Re: New Fire Well at the Subdivision known as Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Dear Mr. Gaipa: The new fire well was installed as a result of a subdivision of land, referenced above, into two lots. This is being referred to you for testing and approval of the installation of the fire well. Please submit any comments regarding sufficient water supply to the fire well, equipment access and compatibility with the fire well, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience and contact me at (631)765-1938 if you have any questions. Sincerely, aevi"dAt"l— '4&b' &L�� Alyxandra Sabatino Planner Encls.: Map showing location of new fire well e OFFICE LOCATION: *0 SO U MAILING ADDRESS: Town Hall Annex jiyO P.O. Box 1179 54375 State Route 25 O% 01 0 Southold,NY 11971 —---Jeor._Main Rd._&_Youngs Ave)_----- --- -- ---- --- - - - -- ---- -- -- Southold,NY Telephone: 631 765-1938 - `----� CC www.southoldtownny.gov com PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra�Sabatino C1.5 . Date: January 12, 2016 Re: Aries Estates- Installation of Fire Well Application Name: Aries Estates (Tully) Tax Map Number: 1000-22-3-2 Location: approximately 334.1' to the east of Stars Road, East Marion. Type of Application: Proposed Standard Subdivision for Aries Estates Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) X Final Subdivision Map (Dated: 6/25/10 last revised 9/25/15) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) X Other (Dated: 12/31/15 ) Site Plan (Dated: ) Revised Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. Additional Comments: The Town has accepted a cash bond for all required improvements. Subsequently, the applicant has installed the required fire well and is requesting a reduction in the bond. Please confirm that the fire well has been constructed and that a reduction in the bond is warranted. Thank you for your cooperation. io, Alyxandra K. Charles Cuddy <Charles.Cuddy@Verizon.Net> Thursday, December 31, 2015 9:40 AM �� �'��T S Sabatino,Alyxandra K. DEC E WE t: Aries Estates subdivision j LAN E^� � E JA 1 20 Up Flag: Follow up IR0 4::2016 tatus: Flagged South ' Town Southold Town Pla ng Board Planning Board Ifire well at the Aries Estates subdivision has been installed. Can the Town Engineer inspect it so part of the bond hey may be released? Pries R. Cuddy torney at Law 5 Grilling Avenue erhead, New York 11901 31-369-8200 131-369-9080 fax Charles.cuddy@verizon.net Attention: This e-mail contains privileged and confidential information intended only for the use of the individual(s) named above. If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at 631-369-8200 or notify us by e-mail at charies.cuddyCaD-verizon.net. Thank you. Sabatino, Alyxandra K. From: Howard Young <HWY@youngengineering.com> �I Sent: Monday, December 21, 2015 11:23 AM To: Sabatino,Alyxandra K. 1 P101 4tI Cc: charles.cuddy@verizon.net;shawan-tully@fortune.com; Doris Connolly �p �AA �- Subject: Subdivision - "SHAWN TULLY" Wt f5 Dec. 18, 2015 DEC 21 2015 Subdivision - "SHAWN TULLY" SCTL 1000-22-3-2 Southold Town Planning Board Dear Aly, OPEN SPACE DATA &TABLE OF AREAS We have reviewed the "Open Space Data" and the "Table of Areas" as shown on the above referenced subdivision map. The total area of the earth driveway encroaching along the easterly subdivision boundary is 0.1076 ac. This area the "bluff and beach" area is subtracted from the total area to obtain the "Buildable Lands" of 10.5474 ac. "Driveway Access No 1" is 0. 6682 ac. and includes 0.1046 ac. of the earth driveway, therefore the "Staff's" assumption that the Driveway Access Area and the Buildable Area can simply be added is incorrect. The earth driveway encroachment area of 0.1046 ac. was previously excluded from the Total Buildable Lands. Very truly yours, }f awasrc� Howard W.You3ig,LS ? Young&Young 400 Ostrander Avenue Riverhead,NY 11901 631 727 2303(o) 631.727 0144(f) hwy(E?voungengineenna com 1 4 Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Monday, December 07, 2015 11:35 AM To: charles.cuddy@verizon.net Cc: Lanza, Heather;Terry, Mark Subject: Aries Estates subdivision Charles, After review of the Aries map submitted to this office on November 5, 2015, 1 have reviewed the calculations shown in the Table of Areas and have calculated the maximum required development area (40%) shown in the following calculation: 10.5474 acres (total buildable lands)x 0.40 (40% maximum allowed development) =4.2189 acres maximum allowed development. Below, I have calculated the driveway access area (development area) and the buildable area (development area) as shown on the Table of Areas. I assumed that the buildable area calculation does not include the driveway access area. 1.1078 acres (driveway access area)+3.2156 acres (buildable area)=4.3234 acres of development area. This calculation shows that there is an additional 0.1045 acres or 4,552.02 square feet of development area shown, which is greater than the code required 40%maximum development. Please note that the area of the earth drive over ely. line is shown as 0.1076 acres in the Open Space Date table and the area of the earth drive over ely. line is shown as 0.0030 acres in the Table of Areas. Please let me know if you have any questions. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone.631-765-1938 Email:Aiyxandra.Sabatino@town.southold.nv.us From: Charles Cuddy [mailto:Charles.Cuddy@Verizon.Net] Sent: Tuesday, December 01, 2015 10:21 AM To: Sabatino, Alyxandra K.; Lanza, Heather Subject: Aries Estates subdivision A number of weeks ago I have forwarded the revised subdivision map which reflected a wider driveway. Please let me know if this is satisfactory. Charles R. Cuddy Attorney at Law 445 Griffing Avenue Riverhead, New York 11901 631-369-8200 1 0 6u CHARLES R.CUDDY ATTORNEY AT LAW NOV ® 5 2015 445 GRIFFING AVENUE Southbld Town RIVERHEAD,NEW YORK Planning Board Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 November 4, 2015 E-mail: charles.euddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE. Aries Estates subdivision Dear Ms. Sabatino: I'm enclosing two (2)prints of the subdivision map prepared by Howard Young. This is for discussion purposes. The map has been changed at the southeast corner to show the widened driveway area of 25 ft. This continues past the utility pole and then resumes the 20 ft. width. I need to have you confirm this is acceptable so we may prepare the mylar prints and also arrange to have the revised description for an open space. Very truly yours, Charles R. Cuddy CRC/ik Enclosure CHARLES R.CUDDY D E C E � U ATTORNEY AT LAW OCT 14 2015 445 GRIFFING AVENUE Southold Town RIVERHEAD,NEW YORK Planning Board Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 October 13, 2015 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: Pursuant to your letter of October 7, 2015, we are enclosing a new Final Plat application together with a fee in the sum of$500.00. Very truly yours, C/"/(4 - Charles R. Cuddy CRC/ik Enclosure p E C E � V E OCT SO�T'�HOLD PLANNING PLANNING BOARD 1'4 2015 Southold Town Planning Board Subdivision Application Form - Final Plat Approva APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Aries Estates subdivision 2. Suffolk County Tax Map# 1000-22-3-2 3. Hamlet East Marion 4 Street Location Stars Road 5. Zoning District R-80 6. Date of Submission 0 tuber 2015 7. Sketch Plan Approval Date May 19, 2008 (extension granted on 2/9/2009) 8. Preliminary Approval Date June 14, 2010 9. Number of Lots Proposed 2 lots 10. Acreage of Open Space/Reserved Area 6.3286 ac. 11. Affordable Housing Units Proposed N/A 12. Percentage of Affordable Housing N/A 13. If providing less than 20%Moderate Income Family Dwelling Units (MIFDU),please indicate how the property owner intends on satisfying the Affordable Housing requirement pursuant to §240-10 B(2)(c) of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Yes 15. Application prepared by [] owner [] agent [] other r Signature of Preparer Date �� y Final P1atApplication Form MAILING ADDRESS: PLANNING BOARD MEMBERS S® yO Southold, NY 11971 P.O.Box DONALD J.WILCENSKI ,`O l0 Chair OFFICE LOCATION: WILLIAM J.CREMERS coy nhc Town Hall Annex PIERCE RAFFERTY ® �O@ 54375 State Route 25 JAMES H.RICH III � (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��USouthold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 7, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Planning Board reviewed the above-referenced application at their October 5, 2015 Work Session and found the following: 1. The Final Extension of Conditional Final Approval has expired. To continue review of the application, submit a new Final Plat Application and Fee in the amount of$500.00. 2. Planning Staff will review the plan submitted to this office on October 2, 2015 showing two utility poles remaining in the right-of-way on proposed Lot 1. After review of this plan, Planning Staff will contact you with their findings. 3. Submit a letter to the Planning Board verifying in writing that the utility lines (electric) have been placed underground. As per Conditional Final Approval issued on March 10, 2014, the following must be completed once the Final Plats are deemed acceptable to the Planning Board (the last issue to be resolved being the two utility poles in the right-of-way): a. Submit four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. Anus Estates — Page Two — October r , ZJ15 b. Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. If the concrete survey monuments are installed, please submit a formal letter to the Board stating that they are removed. c. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. If you have any questions regarding the above, please contact the Planning Board Office at 631-765-1938. Very truly yours, Alyxandra Sabatino Planner f - WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 5, 2015 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications 5:30 p.m. Review Public Meeting Agenda - -- -- -- - - --------------- ---- Project name: Aries Estates/Tully_ _ _ _ ' SC_TM#: ` 1000-22-3-2__ _ ! Location: at the westerly terminus of a private right-of-way which extends north —' from_Kayleigh's Court in East Marion Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into ! two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open ' ! space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in ; the R-80 Zoning District. ! Status: ! Conditional Final Approval Action_— —_; Discuss items required for Final Approval. _ Attachments: ! Staff Re_ort Project Name: ; Gonzalez Standard Subdivision SCTM#: j 1000-27-1-9 Location_ 2050 Platt Road, approximately 1823' s/o NYS Route 25, in Orient ! { Description: a This proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 = 2.13 acres and Lot 2 = 2.17 acres located in the R-80 i Zoning District_ I Y ---- - -- - - -- -- ----------- ------- ---- - - - - - - - ! Status: ; New Application -- - ---- --- - --- -------------- Action: , Review revised Yield Plan. Attachments:_ ; Staff Report _ Project name: N & L Properties _ _ _ _ SCTM#_ 1000-73-2-4 Location: Located on the north side of Bridge Lane at the intersection of Oregon i Road, in Cutchogue. Description: This Amended Site Plan is for the construction of an 8,635 sq. ft. building for the purposes of a private wine-making facility on a 31.07-acre parcel in the A-C Zoning District_ Status: Pending - --- - -- ------------- ----- ---- ----------------- --- ---- ----- ---- -- -- ---------- Action: Review revised Amended Site Plan. Attachments: Staff Report Project Name: Peconic Land Trust, Inc. SCTM#: ' 1000-63-1-25.3 Greenhouses _ Location: 3005 Youngs Avenue, Southold Description: This Approved Site Plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R-' 80 Zoning District. ! r Status: Approved Pending Final Inspection ! Action: Review request for Extension of Final Approval__ - ----------- ---— -- ------- -------- ------ ----------------- Attachments: Staff Report i CHARLES R.CUDDY OCT 0 2 2015=' ATTORNEY AT LAW 445 GRIPPING AVENUE Southold sown RIVERHEAD,NEW YORK Planning Board Mailino Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 October 2, 2015 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: Enclose please find three (3)prints of the revised subdivision map to show the cut out where the connecting telephone pole is at the edge of the driveway. We can discus this at the work session on Monday. Very truly yours, Charles R. Cuddy CRC/ik Enclosure r Sabatino, AI xandra K. PO VVL M_T k1q_ From: Charles Cuddy <Charles.Cuddy@Verizon.Net> HD Sent: Wednesday, September 09, 2015 3:02 PM SEP � � 2015 To: Sabatino, Alyxandra K. Subject: Aries Estates subdivision Southold Town Planning Board Aly: Shawn Tully has advised that he has made arrangements to remove the wires from the telephone poles.This has been completed since his neighbor has finally connected to an underground service.This is to further advised that the telephone poles will be removed from the subdivision site by the end of this week. I trust that removal of the poles will allow Mr.Tully to proceed with the subdivision and we look forward to having the map signed. Charles R. Cuddy Attorney at Law 445 Grilling Avenue Riverhead, New York 11901 631-369-8200 631-369-9080 fax Charles.cuddy@verizon.net Attention: This e-mail contains privileged and confidential information intended only for the use of the individual(s) named above If you are not the intended recipient of this e-mail, or the employee or agent responsible for delivering this to the intended recipient, you are hereby notified that any dissemination or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone at 631-369-8200 or notify us by e-mail at charles.cuddy(aD,venzon.net. Thank you. I 1 MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SO(/Ty0 Southold,oNY iis7l DONALD J.WILCENSHI Q l® Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ®�y nI �,`,�R\� (cor:Main Rd. &Youngs Ave.) MARTIN H.SIDOR COUN�e`v Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 1, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM #1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: Enclosed, please find the Open Space Conservation Easement endorsed by the Town Supervisor. As outlined in a letter sent to your office on August 11, 2015, the Open Space Conservation Easement must be filed with the Office of the Suffolk County Clerk before the Planning Board can issue a Final Determination. If you have any questions, please do not hesitate to contact this office at 631/765-1938. Very truly yours, aD-� I Alyxandra abatino Planner Encl: Endorsed Open Space Easement .w r- OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2015 at Southold,New York.The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called "Grantor")and the Town of Southold,a municipal corporation,having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York,identified as SCTM#1000-22-3-2,and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Shawn Tully prepared by Howard Young,Land Surveyor,last dated July 2,2015,which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities,including Towns, of fee title or lesser interests in real property, including conservation easements,which may be necessary and desirable for the preservation, conservation,and retention of open spaces and areas of scenic and natural quality;and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land,including development rights, easements,covenants,and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas,Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60%of the buildable lands as open space in perpetuity;and Whereas,as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.3286 acres portion of the subject property described in Schedule B,attached hereto and made a part hereof,shown on the aforementioned Subdivision Map as the"Open Space Area No. 1"and"Open Space Area No.2"and hereinafter referred to as the"Easement Area;"and Whereas,as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map;and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee,an Open -1- Space Conservation easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map,herein referred to as the Easement Area,more particularly described in and designated in Schedule B annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule B,and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose,regardless of date, are subordinate to Grantee's rights under this Easement.Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording,foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement.Area. 0.02 Purpose The parties recognize the open space,scenic,natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values.This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities,including agricultural soil,by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises,undertakings,and forbearances contained in this Easement,the parties agree upon its provisions,intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement(herein called the "Easement").This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited herein.Reference to this"Easement"or its"provisions"shall include any and all of those covenants,restrictions,rights,terms and conditions. -2- i 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Grading and Removal of Materials, Minim The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting (for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants, b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c) to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Aminal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. -4- 3.10 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3_.11 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation,mow,maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. The well located on lot 2 is a permitted use pursuant to §240-44 of the Southold Town Code. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas(except if any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. -5- In addition, the Grantor shall have the right to complete (in accordance with the approved road and drainage plan), use and maintain the 25 foot right of way and any associated improvements providing access along the western property line as shown on the final subdivision map. In the alternative, the Grantor shall have the right to relocate the 25 foot right of way to the eastern property line if the following conditions are met: 1. The Grantor must obtain a 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision(designated as "now or formerly Patricia D. Garvey" on the final Subdivision Map); and 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the 15 foot right of way, as shown on the Amended Subdivision Map; and 3. The Grantor must remove the original 25 foot right of way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent -6- contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty(30) days to Grantor, unless Grantee determines that immediate entry is required to prevent, terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof,nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including,without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or -7- (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee(herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument,provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing, the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. -8- 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction,no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant,to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its -9- execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this Easement has been duly authorized by its members and Grantee warrants that acceptance of this Conservation Easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and -setfabove. Aries Es , LLC By: vu� Shawn Tully, Member/Grantor Town of Southold (Grantee) By: Supervisor -10- STATE OF NEW YORK ) ) ss.. COUNTY OF O kfL4,1 YD 2r-- ) ST On the day of �� L)p c in the year 2015, before me, the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public MELINDA CHtf Notary Public; State of New York 1-15010955 STATE OF NEW YORK ) Ou No. 1n Kings County ss.: Commission Expires May 12, 201 ., COUNTY OF SUFFOLK) On the day of OMF in the year 2015, before me,the undersigned, personally appeared�0(1lo6sm , personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. nqh -tel �l tary Public LAUREN M.STANDISH Notary Public,State of New York No.01ST6164008 Qualified in Suffolk County Commission Expires April 9,2019 -11- SCHEDULE "A" ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffollc and State of New York, being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1.- North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... Schedule "A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. Shawn Tully Schedule "B" at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 1, Subdivision, "Shawn Tully" ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected,situate,lying and being at East Marion,Town of Southold, County of Suffolk and State of New York,known and designated as Open Space Area No. 1 Town of Southold Conservation Easement, Subdivision, "Shawn Tully",more particularly bounded and described as follows: BEGINNING at a point on the division between Lot 1 and Lot 2,Subdivision, "Shawn Tully", said point being situate the following four(4)courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min.30 sec.East 184.04 feet as measured along Lot 21,Map of "Soundcrest Woods, Section 1",Suffolk County File No. 5315, 2. South 84 deg. 54 min. 00 see.East 150.06 feet as measured along Lot 10, Subdivision,"Highpoint Woods",Suffolk County File No. 10035, 3. North 11 deg. 13 min.50 see.West 20.25 feet as measured along land now or formerly Shawn P.Tully, 4. North 87 deg.48 min.30 sec.East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision,"Shawn Tully"; RUNNING thence from said point of beginning North 11 deg. 16 min.42 sec.West along Lot 2, Subdivision, "Shawn Tully"972.74 feet to a point; RUNNING thence through Lot 1,Subdivision, "ShawnTully"ally" the following thirteen(13) courses and distances: 1. North 78 deg.46 min. 10 sec.East 142.54 feet, 2. South 11 deg. 19 min.50 sec.East 274.75 feet, 3. South 78 deg.40 min. 10 see.West 4.00 feet, 4. South 11 deg. 19 min.50 sec.East 50.00 feet, 5. North 78 deg.40 min. 10 sec.East 4.00 feet, 6. South 11 deg. 19 min.50 sec.East 450.00 feet, 7. South 78 deg.40 min. 10 sec.West 4.00 feet, 8. South 11 deg. 19 min.50 sec.East 50.00 feet, 9. North 78 deg.40 min. 10 sec.East 4.00 feet, 10. South 11 deg. 19 min. 50 sec.East 115.54 feet, 11. On the arc of a curve to the right having a radius of 34.00 feet for a distance of 48.19 feet, 12. South 69 deg.52 min.30 sec.West 70.85 feet, 13. South 87 deg.48 min.30 sec.West 45.17 feet to the point or place of Beginning. CONTAINING an area of 3.1820 Acres. -1- Shawn Tully at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 2, Subdivision, "Shawn Tully" ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at East Marion,Town of Southold,County of Suffolk and State of New York,known and designated as Open Space Area No.2 Town of Southold Conservation Easement, Subdivision, "Shawn Tully" ,more particularly bounded and described as follows: BEGINNING at a point at the division line between Lot 1 and Lot 2, Subdivision, "Shawn Tully", said point being situate the following four(4)courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min.30 sec.East 184.04 feet as measured along Lot 21,Map of "Soundcrest Woods, Section P.Suffolk County File No. 5315, 2. South 84 deg. 54 min.00 sec.East 150.06 feet as measured along Lot 10, Subdivision, "Highpoint Woods", Suffolk County File No. 10035, 3. North 11 deg. 13 min.50 sec. West 20.25 feet as measured along land now or formerly Shawn P.Tully, 4. North 87 deg.48 min.30 sec.East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision,"Shawn Tully"; RUNNING thence from said point of beginning South 87 deg.48 min.30 sec.West along Lot 1, Subdivision, "Shawn'hilly" 145.21 feet to a point; RUNNING thence through Lot 2, Subdivision,"Shawn Tully"the following thirteen(13) courses and distances: 1. North 11 deg. 13 min. 50 sec.West 167.29 feet, 2. North 78 deg.46 min. 10 sec.East 4.00 feet, 3. North I1 deg. 13 min.50 sec.West 50.00 feet, 4. South 78 deg.46 min. 10 sec.West 4.00 feet, 5. North 11 deg. 13 min.50 sec.West 450.00 feet, 6. North 78 deg.46 min. 10 sec.East 4.00 feet, 7. North 11 deg. 13 min.50 sec.West 50.00 feet, 8. South 78 deg. 46 min. 10 sec.West 4.00 feet, 9. North 11 deg. 13 min.50 sec. West 232.63 feet, 10. North 78 deg.46 min. 10 sec. East 142.59 feet to Lot 1,Subdivision,"Shawn Tully" RUNNING thence South 11 deg. 16 min.42 sec.East along Lot 1, Subdivision, "Shawn Tully 972.74 feet to the point or place of Beginning. CONTAINING an area of 3.1466 Acres. -2- MAILING ADDRESS: PLANNING BOARD MEMBERS ��rzjF S0Ulyo Southold,ox 1179 1971 DONALD J.WILCENSKI ,`O ld Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY p� 54375 State Route 25 JAMES H.RICH (cor.M MARTIN H.SIDOR COu ,►,� � SouYoungs Ave.) th d, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 11, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Planning Board reviewed the above referenced application at their August 3, 2015 Work Session and found the following: 1. The Board has agreed to allow the reduction in the amount of proposed open space from 61.9% to 60%. 2. The final draft of the Open Space Conservation Easement as submitted on July 17, 2015 has been accepted by the Planning Board. A review of this easement will be placed on the next available Town Board agenda to obtain approval for the Supervisor to sign it. 3. Submit the Schedules and Exhibits as described in the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement, so that the final drafts of these documents can be approved by the Planning Board. As per Conditional Final Approval issued on March 10, 2014 the following must be completed: a. Place the existing electric utility line underground, and remove the existing utility poles. b. Amend the Final Plat to reflect the removal of the existing utility poles. r I '-..,-Jes Estates — Page Two —August' -,,,,'2015 c. Submit four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. d. Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. e. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. If you have any questions regarding the above, please contact the Planning Board Office at 631-765-1938. Very truly yours, Alyxandra abatino Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, August 3, 2015 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications 5:15 p.m. Review Public Meeting Agenda Pro Name: ; Gonzalez SCTM#: ; 1000-27-1-9 Location: ; 2050 Platt Road, approximately 1,823' to the south of NYS Route 25, _ Orient Description: This proposal is for a Standard Subdivision of a 4.29 acre parcel into two ! lots where Lot 1 = 2.13 acres and Lot 2 = 2.17 acres located in the R-80 I _Zoning District. St uat s: New Application -------------- - - ------------ I_Action: _ Review for completeness. - -- - -- - - - - - -- -- - ! Attachments: Staff Report Project name: Cutchogue Business Center SCTM#: ; 1000-83-3-4.6 Location: _ 12820 Oregon Road, Cutcho_q Description: This proposal is a Standard Subdivision of a 6.10 acre parcel into five lots where Lot 1 equals 1.29 acres, Lot 2 equals 0.92 acres, Lot 3 equals 3 1.47 acres, Lot 4 equals 0.92 acres, and Lot 5 equals 1.06 acres, located i in the LI Zoning District. =------------------ ----- ----- ---- ----- ------- ----------- ------------ ----- --------- Status: Conditional Preliminary Approval_ Action: Review Performance Bond for acceptance. ' Attachments: Staff Report Project name:_ Aries Estates/Tully SCTM#_; 10_00-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north ! from Kay leigh's Courtin East-Marion. _ Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in — --------the R-80 Zoning_District_ -- - ---- --- -- ------- Status: ------Status: -------Conditional Conditional Final Approval —--------- — - - ---- - ------------ - - ------- -------- - —---- - ------ Action:- - _ — _Review--revised Final-PI-at----& Open Space Easement.--- - -- - ---- ---- --- -- -- - - - Attachments: Staff Report CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 PAX. (631)369-9080 Riverhead,NY 11901 July 30, 2015 E-mail. charles.cuddy@verizon.net MT Ms. Alyxandra Sabatino, Town Planner i D E C E Southold Town Planning Department PO Box 1179 JUL 3 12015 Southold,New York 11971 Southold Town RE: Aries Estates subdivision Planning Board Dear Ms. Sabatino: We are enclosing the following covenants and restrictions which were previously approved by the Planning Board together with the appropriate descriptions: 1. Declaration of Covenants and Restrictions 2. Common Driveway Agreement 3. Grant of Access Easement Please note that the Open Space Conservation Easement executed by my client along with the appropriate tax forms was submitted to you for the Town Board approval and Supervisor's signature. Very truly yours, Charles R. Cuddy CRC/ik Enclosure f ' DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this 1 st day of June,2015,by Aries Estates,LLC a New York Limited Liability Company with office located at 535 West 23rd Street, New York, NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold,County of Suffolk, State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application; and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the Standard Subdivision Map of Shawn Tully dated July 2, 2015 (hereinafter"Subdivision Map") ,which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and Page 1 of 4 ` l i t u assigns,to wit: 1. The owner of lot 2 as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall have an easement for utilities maintenance,repair and replacement along and under that area of Lot 1 where underground utilities have been installed to service both lots 1 and 2. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the common driveway access to and from Stars Road over a 50 ft. right of way on the premises known as SCTM#1000-22-3-1 to the subdivision property line. Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. 3. The driveway construction on lots 1 and 2 must meet all requirements of Chapter 236 Storm Water Management of the Southold Town Code to ensure that all storm water run-off is contained on the subject property. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the office of the Town Engineer. 4. The existing dirt driveway that runs through the open space must be abandoned after final subdivision approval is granted. A driveway is not a permitted use in the open space. 5. There shall be no further subdivision of any of the lots as shown on the approved and filed Subdivision Map, in perpetuity. 6. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 7. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 8. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the Subdivision Map. 9. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 10. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination Page 2 of 4 } System(SPDES)Program. 11. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXH,Farmland Bill of Rights,of the Southold Town Code. 12. All utilities must be located underground. 13. Pervious driveways and the access right of way designated on the Subdivision Map as"15 ft. right of way with stone blend driveway" shall be used to serve each of the lots on the approved Subdivision Map. 14. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 15. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 16. Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the"wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause,phrase or provision of these covenants Page 3 of 4 i and restrictions shall,by a Court of competent jurisdiction, be adjudged illegal,unlawful, invalid or C � held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid,or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law.The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated,revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Esa es,:LLC By: Zl�' \ Shawn Tully,Member STATE OF NEW YORK ) COUNTY OF N�� X or'- ) ss.: ) On the j s day of `3-0 N in the year 2015,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public MELINDA CHU rotary Public; State of New York Page 4 of 4 ®- 01 CH5010955 Qualified :a Kings Count/ Commission Expires May 12, 20.l t t SCUEDULE "A" ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1., North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... Schedule"A,, RUNNING THENCE South 87 degrees 48 minutes 30'seconds West 210.60 feet to a monument; RUNNING'HENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 15.84.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. + r COMMON DRIVEWAY AGREEMENT THIS INDENTURE,made as of this V day of June, 2015,by Aries Estates,LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York,more particularly bounded and described on Schedule "A"annexed hereto and made a part hereof; and WHEREAS,Declarant is required,pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on March 10, 2014,to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto; WHEREAS,Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,New York; NOW, THEREFORE, be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over a 50 foot right of way on the premises known as SCTM#1000-22-3-1 extending from the southerly property line to Stars Road. These lots shall share access to and from Stars Road,which shared common driveway access is more particularly bounded and described on Schedule`B"annexed hereto and made a part hereof. 2. The common driveway shall permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule`B" for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Agreement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. -1- (C) Each lot owner affected by this Agreement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Agreement. (D) The word"maintenance" as used in this Agreement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule`B"annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner,the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real -2- y'r r � 1 properly to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (1) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense,their respective common driveway, as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Agreement may not be revoked,rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Agreement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Agreement the day and year first above written. 1 Aries Es fes,LLC Zn X Shawn "ully, Member -3- STATE OF NEW YORK ) COUNTY OF kA57 1 On the day of in the year 2015, before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. /4�l"L'4 Notary Public MKINbA CHU Notary Public,State of Now Y** No. OICH501®955 Qualified�n Kings Cou. ,q Qom¢nlssion Expires May 12,20 -4- e - o SCHEDULE "A" ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1.' North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... e a Schedule "A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. SCHEDULE "B" Shawn Tully at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - Access Easement ALL that leertainplot,piece or p4wel of land with the buildings and improvements,theieon erected, situate, lying and being at East Mffion,Town of Sobthold,County of.Suffolk.and State of New York,known and designated as a 50'right of way over land-now'&fditierly,Shawn P.Tally, as shown on Subdivision Map, "Shawn Tully',more particularly bounded and described as follows; BEGINNING at a point on the easterly side of stars Road at ft.northwesterly comer oflot 21, Subdivision, "Map of Soundcrest Woods, Section 1". Suffolk County File No.5315; RUNNING thence from said point of beginning North 08 deg. 401min,18 sec,West-.alopg the easterly side of Sous Road 50.02 feet to a point; RUNNING thence through land now or formerly Shawn P:Tully the following three(3) courses and distances: 1. North 79 deg,46 min. 30,sec.East 189.41 feet, 2. South 84 deg. 54 min.00 sec.East 102.75 feet, 3. On the are of a curve to the left having a radius of'29:�0 feet for a distance of 54:75 feet to Lot 2,Subdivision, "Shawn Tully"; RUNNING thence South 11 dog. 13 min. 50 sec;East along.Lot 2,Subdiviaion, "Shawn Tully" 91.49 feet to and monument found and land now or fofnnerly Camille Sinatra&.Richard Sinatra; RUNNING thence North 84 deg. 54 min. 00 sec, West along land now or formerly Camille Sinatra& Richard Sinatra 150.06 feet to a monument found and Lot 21,Subdivision, "Map of Soundcrest Woods, Section 1" File No. 5315; RUNNING thence South 79 deg. 46 nein. 30 sec. West along Lot 21, Sii[division, "Map of Sounderest Woods, Section 1" 184.04 feet to the,point or place of Beginning. GRANT OF ACCESS EASEMENT THIS GRANT OF EASEMENT is made on 1" of June, 2015, by and between Shawn Tully residing at 535 West 23`d Street,New York,NY 10011 (hereinafter referred as "Grantor") and Aries Estates, LLC, a New York limited liability company with an office at 535 West 23`d Street, New York,NY 10011 (hereinafter referred to as "Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion,New York, which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The Easement is located at the southerly end of the Grantor's parcel and the Easement is more particularly described in Schedule C (hereinafter referred to as the"Easement"). This Easement shall run in favor of the future owners of the Lots 1 and 2 on the Subdivision Map of Shawn Tully as prepared by Howard Young,Land Surveyor, last dated July 2, 2015 . 2. With regard to the use of the Easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the Easement described in Schedule"C"for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations,restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said Easement, including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the Easement described on Schedule"C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the Easement and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the Easement shall be jointly made by the lot owners to such Easement. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the Easement. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five(5) days of the certified mailing. (G) Both lot owners agree that the Easement shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph" above. (J) This Easement may not be revoked,rescinded, extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees,heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS HEREOF, Grantor has executed this Easement the day d\year first above written. Shawn Tull y,Grantor Aries Estates,LLC, Grantee . B ° Y• _ Shawn Tully, Member STATE OF NEW YORK ) ss.: COUNTY OF M E'w YO 'e K ) On the l day of '� N[` in the year 2015,before me,the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed•to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. 2 Notary Public - - - McLINDA CHU Notary Public,State of Now York No. 01 CH5010955 Oualifled ;n Kings Count�l Page 3 of 4 Commission-Expires May 12, 0 I� STATE OF NEW YORK ) COUNTY OF L-W yoy"K) ss.: $i � r On the day of J o iin the year 2015,before me,the undersigned,personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. Notary Public i MELINDA CHU Notary Public,State of Now York j No. Qi CH5010955 Clualified.n Kings Cou*. ; Commission Expires May 12,20.E Page 4 of 4 i1 SCHEDULE A ALL THAT CERTAIN plot,piece or parcel of land, with the buildings thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the easterly side of Stars Road, distant northerly the following five (5) courses and distances: 1. North 22 degrees 52 minutes 50 seconds West, 181.14 feet; 2. North 38 degrees 06 minutes 30 seconds West, 29.92 feet; 3.North 13 degrees 36 minutes 00 seconds West, 176.83 feet; 4. South 83 degrees 22 minutes 30 seconds West, 20.04 feet; 5.North 10 degrees 13 minutes 30 seconds West, 2425.14 feet from the corner formed by the intersection of the northerly side of Main Road with the easterly side of Stars Road, as measured along said easterly side of Stars Road, which said point or place of beginning marks the division line between Lot 21 on a certain map entitled, "Map of Soundcrest Woods," and filed 2/9/69 as Map No. 5315, and premises conveyed herein; and from said point or place of beginning RUNNING THENCE North 08 degrees 40 minutes 18 seconds West along said easterly side of Stars Road, 52.36 feet; THENCE North 10 degrees 31 minutes 00 seconds West along land now or formerly of Stars, 1821.16 feet to the ordinary high water mark of Long Island Sound; THENCE easterly along said ordinary high water mark of Long Island Sound, the following two (2) courses and distances: 1. South 48 degrees 28 minutes 40 seconds East, 261.25 feet; 2. South 58 degrees 14 minutes 50 seconds East, 198.03 feet to land now or formerly of Philip DeNicola; THENCE South 11 degrees 13 minutes 50 seconds East along said land now or formerly of Philip DeNicola, 1575.77 feet to a granite monument and land now or formerly of Richard Israel; THENCE North 84 degrees 54 minutes 00 seconds West along said land nor or formerly of Richard Israel, 150.06 feet to Lot No. 21 first mentioned above; THENCE South 79 degrees 46 minutes 30 seconds West along the northerly line of Lot No. 21, 184.04 feet to the easterly side of Stars Road, at the point or place of BEGINNING. u • 0 SCHEDULE ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1: North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginriing South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monmuent; conth ued ......... Schedule .B RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. SCHEDULE "C" Shawn Tully at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - Access Easement ALL that certain plot,piece or parcel of land with the buildings and improvements-thereon erected, situate, lying and being at East Marion,Town of Southold, County of,Suffolk and State of New York,known and designated as a 50'right of way over land now or formerly Shawn P.Tully,as shown on Subdivision Map, "Shawn Tully",more particularly bounded and described as follows, BEGINNING at a point on the easterly side of Stars Road at the northwesterly corner of.L6t 21, Subdivision, "Map of Soundcrest Woods, Section 1", Suffolk County File No. 5315; RUNNING thence from said point of beginning North 08 deg. 40 min. 18 see.West along the easterly side of Stars Road 50.02 feet to a point; RUNNING thence through land now or formerly Shawn P.Tully the following three(3) courses and distances: 1. North 79 deg. 46 min. 30 sec.East 189.41 feet, 2. South 84 deb. 54 min. 00 sec. East 102.75 feet, 3. On the are of a curve to the left having a radius of 29.50 feet for,a distance of 54.75 feet to Lot 2,Subdivision, "Shawn Tolly"; RUNNING thence South 11 deg. 13 min. 50 sec, East along Lot 2,Subdivision, "Shawn Tully" 91.49 feet to and monument found and land now or formerly Camille Sinatra&Richard Sinatra; RUNNING thence North 84 deg. 54 min. 00 sec. West along land now or formerly Camille Sinatra& Richard Sinatra 150.06 feet to a monument found and Lot 21, Subdivision, "Map of Soundcrest Woods,Section I" File No. 5315; RUNNING thence South 79 deb. 46 min. 30 sec. West along Lot 21, Subdivision, "Map.of Soundcrest Woods, Section 1" 184.04 feet to the point or place of Beginning. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 July 21, 2015 E-mail: Charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner D 2 nn 2 Southold Town Planning Department 15 U L� PO Box 1179 1 JUL 2 4 2015 Southold,New York 11971 Southold Town 1 : Proposed Standard Subdivision Aries f;states/Shawn Tully Planning Board Located at the wes#erty terminus of a private right-of-way which extends north from Kayleight's Court in Past Marion SCTM# 1000-22-3-2 Zoning District: R-80 Dear Ms. Sabatino: I received your,letter of July 17, 2015. It was somewhat surprising, both in tone and content. Your':next to the last paragraph states that"due to theconsiddiaW'aniount of Staff review"there will be no further extensions of Conditional Final Approval. While I greatly appreciate the Staffs' input and.attention to this applicatian. I believe_tl�,qre has been only one change in the last several months and that is to increase the buildable afea and`redU&the open space by two(2) percent. i�am concetned'that theie'w�s no corimmunication-with`me'afier-my request to--p6rinit the=ri rmoval cif the utility poles be deferred and that the map be noted that building could riot occur on lot one until they were removed. As indicated to you,the utility pole's'provide electricity&tlie-adjoining owner, and he has not completed underground service and may not complete it for several months. Mr:-Tully has deposited the sum of$6,800with PSE(,-to permit removal of the utility lines. As�soon,as the-neighbor's underground'service'is ir'place,;the,poles'are to be removed. TIL-S is-not.uir,attempt to det die Boxd or obstruct Ally PrvV1SIM,i relating i6 the apps oved subdivision. The applicant d6es not control the situation and I am"disappointed since there could have been further'discus`sion as t'o-how to resolve this problem'.-, As you are aware, the open space conservation easement descriptions have been submitted; as well as the final plat: I=wouid hope, at a minimum,that the Board-can'c'onfrm that the'firial plat shcnwing the liitil�iing:en�,elopes and`oper�space area i5 sAtis 'c ctoiy since Vve mtist have that plat signed by the I-Ieaith Department. ,NY.,..:Y:a; :::.. .,., . ;f, F. i !'eri truly1yours :. a C..harles R:°t uddv cc:-Heather Lanza _ - ;-r Planning Director " r- t CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 July 21, 201$ E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner mo­rz Southold Town Planning Department PO Box 1179 JUL 2 4 2015 Southold,New York 11971 Southold Town Planning Board , +W: Proposed Standard Subdivision Aries Estates;Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleight's Court in East-Marion SCTM# 1000-22-3-2 Zoning D+istrict:`R=8O Dear Mg.-sabatino:-' I.received your letter of July 17, 2015. it was somewhat surprising; both in tone and content. Your next to the last paragraph states tha "dt;e tp,the cop4;iderable amount of Staff review"there will be no further extensions of Conditional Final Approval. lxhilt j greatly appreciate the Staffs' input and attention to this application, ) believe`%here iias'�een only one change in the last several months and that is to increase the buildable area and red4ce the open space by two (2) percent:t =i;€ ;.:---�;y' :_ :;...----• - , � - _ , �{ 'e'R r fJ Al�. [: �F :�C• .5+`e� .J J; I am concerned that there was no co_mmunicatior with me after m'y•request to permit;the removal of fhe utility poles be deferred and that the map be noted that building'could not occur on lot one until they were removed. As indicated to you, th;- utility poles.provide-electricity to the adjoining owner, and•he has not completed underground service and may not,complete it,for several months. ,Mr. Tully has deposited the sum of S6,800 with PSEG to permit removal of the utility lines. As soon as the neighbor's underground service is in place;the'polec ary t 'be ren!n ed. fh;! s�is.not-an'attemwt-to dotf-A ic'Bo�od or obsbut t aay provision' 'elating46 the appri;ved subdivision: The applicant does`riot control the situation andl,am disappointed since there could have been further discussion as to how to resolve this 0obJem. As�you are aware, the open space conservation'easement descriptions have teen subI mitted, as . well as the final plat: I would hope;`at a minimuit,thrft tle; hoard can confirm that the final plat showing the building envelopes and open space. ares is s Lflsl`aetory since we must have that plat sighed,by the Health Department. ! .j.+!4Ut� rF . 411'ai A.i hPi•J'4. i` it"�L3 `�i ��i°� . f.�S J:J 'Y ..'` r f0 =} `�- }ice gyp• . ! ti;/' ♦�ti " .•Y -"(!\' - } !, �'J .__,- .. !i. '-e trtiv t7C} S !�?.� y!� ;�S-_,3 Est.-_ >• .n :. CRC/.pc, ; -.. ., c Lades ?;�LiCldy cc: Heather Lanza 'a_ Planning Director IV .. ,. ,.a ,�.. ..frit., - �{4�),,° �i:�_.' ,<.�• . 4 , Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Friday,July 24, 2015 12:21 PM To: charles.cuddy@verizon.net Cc: Lanza, Heather Subject: Aries Attachments: Legal Documents.pdf Good Afternoon Charles, • Thank you for your submission on July 17th of the required revisions to the Open Space Conservation Easement. After review; it looks as though all items have been revised and all requirements have been met.The Board must review and approve the revised Open Space Conservation Easement at their work session and as such, I have placed the application on the August 3`d work session. For consistency and ease in review of the easement, please submit before the August 3`d work session a complete Open Space Conservation Easement,this includes all pages of the Easement as well as both Schedules A and B. I have also attached to this email the final copies of the Covenants& Restrictions,Grant of Access Easement and Common Driveway Agreement,as previously approved by the Planning Board. However, all Schedules as described in the Covenants& Restrictions,Grant of Access Easement and Common Driveway Agreement must be submitted for review. To recap the above,the following must be submitted: 1. All Schedules as described in the Covenants& Restrictions,Grant of Access Easement and Common Driveway Agreement. 2. A complete Open Space Conservation Easement submitted before the August 3`d work session. • 1 have also reviewed the submitted Final Plat and besides the removal of the existing utility poles,all other requirements have been fulfilled. Please note that the Board will have to review and approve(August 3rd work session)the new amount of Open Space provided (61.9%vs 60%). • The following are conditions of Final Approval that the Planning Board placed on this application that have not been provided to the Board: 1.Place the existing electric utility line underground,and remove the existing utility poles. 2.Amend the Final Plat to reflect the removal of the existing utility poles. 3.Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health i Department. 4.Install all concrete survey monuments as shown on the Road &Drainage Plan dated September 29, 2010 and last revised October 1,2013. 5.File the final drafts,as approved by the Planning Board, of the Open Space Conservation Easement, Covenants& Restrictions,Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County:Clerk. 4 ryls Please let me know if you have any q _, ions. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alyxandra.Sabatino@town.southold.ny.us 2 DECLARATION OF COVENANTS AND RESTRICTIONS TRIS DECLARATION,made this day of ,2014, by Aries Estates,LLC a New York Limited Liability Company with office located at 535 West 23rd Street, New York, NY 10011,hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold,County of Suffolk,State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application; and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW,THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the Standard Subdivision Map of Shawn Tully dated (hereinafter"Subdivision Map"),which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and Page 1 of 4 assigns,to wit: 1. The owner of lot 2 as shown an the Subdivision Map to be filed with the Suffolk County Clerk shall have an easement for utilities under that area designated as the southerly part of lot 1 driveway,the description of which is annexed hereto as Schedule B. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the common driveway access to and from Stars Road over a 50 ft. right of way on the premises known as SCTM#1000-22-3-1 to the subdivision property line. Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. 3. The driveway construction on lots 1 and 2 must meet all requirements of Chapter 236 Storm Water Management of the Southold Town Code to ensure that all storm water run-off is contained on the subject property. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the office of the Town Engineer. 4. The existing dirt driveway that runs through the open space must be abandoned after final subdivision approval is granted.A driveway is not a permitted use in the open space. 5. There shall be no further subdivision of any of the lots as shown on the approved and filed Subdivision Map, in perpetuity. 6. No future changes shall be made to any ofthe lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 7. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 8. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the Subdivision Map. 9. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code,all stormwater shall be retained onsite. 10. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01)administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination Page 2 of 4 System(SPDES)Program. 11. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise,dust and odors normally associated with agricultural activities pursuant to Article XXII,Farmland Bill of Rights,of the Southold Town Code. 12. All utilities must be located underground. 13. Pervious driveways and the access right of way designated on the Subdivision Map as"15 ft. right of way with stone blend driveway"shall be used to serve each of the lots on the approved Subdivision Map. 14. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 15. Landscaping on Lots 1 and 2 shall include native,disease-resistant and drought- tolerant plants. 16. Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity.Permitted activities within the buffer are limited to the removal of dead,diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited,except to maintain the"wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph,clause,phrase or provision of these covenants Page 3 of 4 and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law.The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated,revoked,or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates,LLC By: Shawn Tully,Member STATE OF NEW YORK ) ss.: COUNTY OF ) On the day or in the year 2014, before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. Notary Public Page 4 of 4 GRANT OF ACCESS EASEMENT THIS GRANT OF EASEMENT is made on of ,2014,by and between Shawn Tully residing at 535 West 23`d Street,New York,NY 10011 (hereinafter referred as "Grantor") and Aries Estates,LLC, a New York limited liability company with an office at 535 West 23`d Street,New York,NY 10011 (hereinafter referred to as "Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road,East Marion,New York,which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion,Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The Easement is located at the southerly end of the Grantor's parcel and the Easement is more particularly described in Schedule C (hereinafter referred to as the"Easement"). This Easement shall run in favor of the future owners of the Lots 1 and 2 on the Subdivision Map of Aries Estates, LLC as prepared by Howard Young,Land Surveyor,last dated 2. With regard to the use of the Easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the Easement described in Schedule"C"for the purpose of ingress and egress. (B) The terms "lot owner"or lot owners,"as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations,restrictions, and provisions of this Easement. (D) The word"maintenance"as used in this Easement, shall be deemed to mean all costs and expenses in connection with said Easement,including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of Boles, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the Easement described on Schedule"C"annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the Easement and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the Easement shall be jointly made by the lot owners to such Easement. Either lot owner shall send a written request, sent via certified snail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the Easement. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five(5) days of the certified mailing. (G) Both lot owners agree that the Easement shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses,including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (1) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H)above. (J) This Easement may not be revoked,rescinded,extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A"herein. IN WITNESS HEREOF, Grantor has executed this Easement the day and year first above written. Shawn Tully, Grantor _ Aries Estates,LLC, Grantee By: Shawn Tully,Member STATE OF NEW YORK ) ss.: COUNTY OF ) On the day of _ in the year 2014,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the witlun instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 4 STATE OF NEW YORK ) COUNTY OF ) On the day of in the year 2014,before me,the undersigned,personally appeared ,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 COMMON DRIVEWAY AGREEMENT THIS INDENTURE, made as of this day of ,2014,by Aries Estates, LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk,and State of New York,more particularly bounded and described on Schedule "A"annexed hereto and made a part hereof; and WHEREAS, Declarant is required,pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2014,to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto; WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,New York; NOW, THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over a 50 foot right of way on the premises known as SCTM#1000-22-3-1 extending from the southerly property line to Stars Road. These lots shall share access to and from Stars Road,which shared common driveway access is more particularly bounded and described on Schedule`B"annexed hereto and made a part hereof. 2. The common driveway shall permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule`B"for the purpose of ingress and egress. (B) The terms"lot owner"or lot owners,"as used in the this Agreement, shall be deemed to include any heirs, distributes,successors or assigns of the particular lot owner or lot owners. -1- (C) Each lot owner affected by this Agreement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept,for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Agreement. (D) The word"maintenance"as used in this Agreement, shall be deemed to mean all costs and expenses in connection with said common driveway,including the costs of sweeping, surfacing and resurfacing,regravelling,filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule"B"annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore,as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of•an owner,the response to the certified mail return receipt mailing shall be within five (5)days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15)days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real -2- property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work.A defaulting lot owner shall be liable for all costs and expenses,including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein,each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery,or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H)above. (J) The owners of Lots 1 and 2 shall have the right to maintain,at their own cost and expense,their respective common driveway, as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Agreement may not be revoked,rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Agreement runs with the land and is binding upon all grantees, heirs,distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Agreement the day and year first above written. Aries Estates, LLC By. _ Shawn Tully,Member n STATE OF NEW YORK ) COUNTY OF ) On the day of in the year 2014, before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- cc a �l�vl ~l,i(011 Xs DL CHARLESR.CUDDY3 2915 ATTORNEY AT LAW 445 GRIPPING AVENUE Southold Town RIVERHEAD,NEW YORK Planning Board Mailing Address: TEL: (631)369-8200 PO.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 July 21,2015 E-mail: charles.euddy@verizon.net Ms. Alyxandra Sabatino,Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleight's Court in East Marion SCTM# 1000-22-3-2 Zoning District:R-80 Dear Ms. Sabatino: I received your letter of July 17,2015. It was somewhat surprising,both in tone and content. Your next to the last paragraph states that"due to the considerable amount of Staff review"there will be no further extensions of Conditional Final Approval. While I greatly appreciate the Staffs' input and attention to this application,I believe there has been only one change.in the last several months and that is to increase the buildable area and reduce the open space by two(2) percent. I am concerned that there was no communication with me after my request to permit the removal of the utility poles be deferred and that the map be noted that building could not occur,on lot one until they were removed. As indicated to you,the utility poles provide electricity to the adjoining owner,and he has not completed underground service and may not complete it for several months. Mr.Tully has deposited the sum of$6,800 with PSEG to permit removal of the utility lines. As soon as the neighbor's underground service is in place,the poles are to be removed. This is not an attempt to defy the Board or obstruct any provision relating to the approved subdivision. The applicant does not control the situation and I am disappointed since there could have been further discussion as to how to resolve this problem. As you are aware,the open space conservation easement descriptions have been submitted,as well as the final plat. I would hope,at a minimum,that the Board can confirm that the final plat showing the building envelopes and open space area is satisfactory since we must have that plat signed by The!•lealth Department. Very truly yours, CRC/pc Charles R. Cuddy cc:Heather Lanza Planning Director MAILING ADDRESS: PLANNING BOARD MEMBERS �*Vjf SOUr�® P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Cn Town Hall Annex PIERCE RAFFERTY ® �� 54375 State Route 25 JAMES H.RICH III ��� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COUM,� Southold,NY Telephone: 631765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 17, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: Planning Staff has received your submission of the revised subdivision maps submitted on July 6, 2015 and a letter submitted on July 10, 2015 requesting that the removal of the existing utility poles be deferred until after the Final Plat is filed. As you know, the Planning Board required that the utility poles be removed from the proposed right-of- way and from the Final Plat prior to the Final Plat being approved in a letter to your office dated November 8, 2013. This was reiterated in the December 30, 2013 Conditional Final Plat Approval as a condition. The Board is not in the habit of changing conditions in their approvals, especially at this late date. The Planning Board will not stamp a Final Plat with utility poles located in the right-of- way. To meet the conditions of Conditional Final Plat Approval, they must be removed from the premises and removed from the Final Plat prior to the Planning Board issuing Final Plat approval. Additionally, to accommodate the changes made to the Final Plat by the applicant with regard to the building envelopes and open space area, the Open Space Conservation Easement was revised and submitted to us for review. Please revise the easement as follows: 1. The second reference to Schedule A (5th Whereas clause) must be changed to "Schedule B". ,,..as Estates - Page Two -July 17, ---,-"5 2. A Schedule B must be submitted that shows the metes and bounds of,the Easement Area (Open Space Area No. 1 and Open Space Area No. 2). Please note that due to the considerable amount of Staff review that has gone into this project, Conditional Final Approval will expire on this application for the last time on September 6, 2015. If all of the conditions of Conditional Final Approval are not met within this time frame, the application for Final Plat must be re-submitted along with the corresponding fee. If you have any questions regarding the above, please contact the Planning Board Office. Vey truly yours, O-N Alyxandra Sabatino Planner Sabatino, Alyxandra K. From: Charles Cuddy <Cha rles.Cuddy@Verizon.Net> Sent: Friday,July 17, 2015 11:25 AM O E C E (� To: Sabatino,Alyxandra K. V� U I� Subject: Aries Estates subdivision Attachments: D00072815.pdf JUL 7 ��15 Southold Town Planning Board Aly, __ Attached please find two pages of the Open Space Easement to be replaced with the first two pages of the original Open Space Easement previously forwarded to you which now include Schedule A and Schedule B language descriptions.Also attached is Schedule B description of the Easement Areas to be attached to the Open Space Easement.We believe that now the Open Space Easement can be presented for signing by the Supervisor. Please advise. Charles R. Cuddy f �S OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2015 at Southold,New York. The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor")and the Town of Southold, a municipal corporation,having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas,Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York,identified as SCTM#1000-22-3-2,and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Shawn Tully prepared by Howard Young,Land Surveyor, last dated July 2,2015,which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the"Premises." Whereas,General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities,including Towns, of fee title or lesser interests in real property, including conservation easements,which may be necessary and desirable for the preservation, conservation,and retention of open spaces and areas of scenic and natural quality;and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land,including development rights, easements,covenants,and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas,Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60%of the buildable lands as open space in perpetuity;and Whereas,as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.3286 acres portion of the subject property described in Schedule B,attached hereto and made a part hereof,shown on the aforementioned Subdivision Map as the"Open Space Area No. 1"and"Open Space Area No.2"and hereinafter referred to as the"Easement Area;"and Whereas,as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map;and NOW THEREFORE,Grantor hereby grants,transfers and conveys to Grantee,an Open -1- Space Conservation easement in gross,which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map,herein referred to as the Easement Area,more particularly described in and designated in Schedule B annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule B,and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose,regardless of date, are subordinate to Grantee's rights under this Easement.Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording,foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic,natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values.This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities,including agricultural soil,by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof,in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises,undertakings,and forbearances contained in this Easement,the parties agree upon its provisions,intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyne This instrument conveys an Open Space Conservation Easement(herein called the "Easement").This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited herein.Reference to this"Easement"or its`provisions"shall include any and all of those covenants,restrictions,rights,terms and conditions. -2- Shawn Tully Schedule "B" at East Marion,Town of Southold Suffolk County,New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 1, Subdivision, "Shawn Tully" ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected,situate,lying and being at East Marion,Town of Southold,County of Suffolk and State of New York,known and designated as Open Space Area No. 1Town of Southold Conservation Easement, Subdivision, "Shawn Tully",more particularly bounded and described as follows: BEGINNING at a point on the division between Lot 1 and Lot 2,Subdivision,"Shawn Tully", said point being situate the following four(4)courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min.30 sec.East 184.04 feet as measured along Lot 21, Map of "Soundcrest Woods, Section 1",Suffolk County File No.5315, 2. South 84 deg. 54 min.00 sec.East 150.06 feet as measured along Lot 10, Subdivision,"Highpoint Woods",Suffolk County File No. 10035, 3. North 11 deg. 13 min.50 sec.West 20.25 feet as measured along land now or formerly Shawn P.Tully, 4. North 87 deg.48 min.30 see.East 145.21 feet as measured along the division line between Lot I and Lot 2,Subdivision,"Shawn Tully"; RUNNING thence from said point of beginning North 11 deg. 16 min.42 sec.West along Lot 2, Subdivision, "Shawn Tully"972.74 feet to a point; RUNNING thence through Lot 1,Subdivision, "Shawn Tully" the following thirteen(13) courses and distances: 1. North 78 deg.46 min. 10 sec.East 142.54 feet, 2. South 11 deg. 19 min. 50 sec.East 274.75 feet, 3. South 78 deg.40 min. 10 sec.West 4.00 feet, 4. South 11 deg. 19 min. 50 sec.East 50.00 feet, 5. North 78 deg.40 min. 10 sec.East 4.00 feet, 6. South 11 deg. 19 min. 50 sec.East 450.00 feet, 7. South 78 deg.40 min. 10 sec.West 4.00 feet, 8. South 11 deg. 19 min.50 sec.East 50.00 feet, 9. North 78 deg.40 min. 10 sec.East 4.00 feet, 10. South 11 deg. 19 min.50 sec.East 115.54 feet, 11. On the are of a curve to the right having a radius of 34.00 feet for a distance of 48.19 feet, 12. South 69 deg.52 min.30 sec.West 70.85 feet, 13. South 87 deg.48 min.30 sec.West 45.17 feet to the point or place of Beginning. CONTAINING an area of 3.1820 Acres. -1- a _k Shawn Tully at East Marion,Town of Southold Suffolk County,New York Surveyor's-Description - Open Space Area Town of Southold Conservation Easement over Lot 2, Subdivision, "Shawn Tully" ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate,lying and being at East Marion,Town of Southold, County of Suffolk and State of New York,known and designated as Open Space Area No.2 Town of Southold Conservation Easement, Subdivision, "Shawn Tully" ,more particularly bounded and described as follows: BEGINNING at a point at the division line between Lot 1 and Lot 2,Subdivision, "Shawn Tully", said point being situate the following four(4)courses and distances as measured from the easterly side of Stars Road: 1. North 79 deg.46 min.30 sec.East 184.04 feet as measured along Lot 21,Map of "Soundcrest Woods, Section P.Suffolk County File No. 5315, 2. South 84 deg.54 min. 00 sec.East 150.06 feet as measured along Lot 10, Subdivision, "Highpoint Woods", Suffolk County File No. 10035, 3. North 11 deg. 13 min.50 sec.West 20.25 feet as measured along land now or formerly Shawn P.Tully, 4. North 87 deg.48 min. 30 sec.East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision,"Shawn Tully"; RUNNING thence from said point of beginning South 87 deg.48 min.30 see.West along Lot 1, Subdivision, "Shawn Tully" 145.21 feet to a point; RUNNING thence through Lot 2, Subdivision,"Shawn Tully"the following thirteen(13) courses and distances: 1. North 11 deg. 13 min. 50 sec.West 167.29 feet, 2. North 78 deg.46 min. 10 sec.East 4.00 feet, 3. North 11 deg. 13 min.50 sec.West 50.00 feet, 4. South 78 deg.46 min. 10 sec.West 4.00 feet, 5. North 11 deg. 13 min. 50 sec.West 450.00 feet, 6. North 78 deg.46 min. 10 sec.East 4.00 feet, 7. North 11 deg. 13 min.50 sec.West 50.00 feet, 8. South 78 deg.46 min. 10 sec.West 4.00 feet, 9. North 11 deg. 13 min. 50 see.West 232.63 feet, 10. North 78 deg.46 min. 10 sec.East 142.59 feet to Lot 1,Subdivision,"Shawn Tully" RUNNING thence South 11 deg. 16 min.42 sec.East along Lot 1,Subdivision, "Shawn Tully 972.74 feet to the point or place of Beginning. CONTAINING an area of 3.1466 Acres. -2- q�SL)b CHARLES R.CUDDY 0 ATTORNEY AT LAW J U L 16. 0015 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Southold Town Planning Board Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 July 10, 2015 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates subdivision-Open Space Conservation Easement Dear Ms. Sabatino: We are enclosing an Open Space Conservation Easement signed by the applicant. Would you please have it signed by the Town Supervisor as well as the Combined Real Estate Transfer Tax Form (TP-584) and Peconic Bay Region Community Preservation Fund form so we may record it with the Suffolk County Clerk. Thank you. Very truly yours, Charles R. Cuddy CRC/ik Enclosure PGA 41-1 K4Tt CHARLES R.CUDDY E C E � u E ATTORNEY AT LAW JUL 10 2015 445 GRIFFING AVENUE RIVERHEAD,NEW YORK SouthoIdTown Planning Board Mailing Address- TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 July 9, 2015 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: Enclosed please find a print of the Final Plat bearing the SCDHS stamp of approval updated July 2,2015. Very truly yours, 6";,_ - - - Charles R. Cuddy CRC/ik Enclosure CHARLES R.CUDDY D EC EH E � ATTORNEY AT LAW JUL 10 2015 445 GRIPPING AVENUE RIVERHEAD,NEW YORK southoidTown Planning Board Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX- (631)369-9080 Riverhead,NY 11901 July 7, 2015 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: This is to confirm our conversation that Shawn Tully on behalf of Aries Estates LLC agrees that he will not seek to obtain a building permit for lot 1 on the subdivision map until the existing telephone poles are removed from the proposed right of way. The neighbor to the east is using electricity from the wires attached to those poles but is making provision to have an underground _service. We expect this will occur in the next few months. Very truly yours, °1 Charles R. Cuddy CRC/ik Enclosure NIAILING ADDRESS: PLANNING BOARD MEMBERS Southold, So(/jy® P.O.Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY X 54375 State Route 25 JAMES H.RICH III ��'i (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Nil, Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 7, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Extension of Conditional Final Approval: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, July 6, 2015: WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and t WHEREAS, on March 10, 2014, the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions to be completed prior to Finial'Plat Approval; and WHEREAS, on September 10, 2014, Conditional Final Plat Approval expired; and WHEREAS, the applicant requested a 90 day extension to fulfill the conditions of Conditional Final Approval; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Approval through December 10, 2014; and WHEREAS, in a letter dated December 1, 2014, the agent requested an extension to provide the applicant more time to obtain the Performance Bond; and ..ies Estates — Page 12 —July 7, 2G . WHEREAS, on December 10, 2014, the Extension of Conditional Final Approval expired; and WHEREAS, the Planning Board found that the reason for the extension was acceptable; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Plat Approval though March 10, 2015; and WHEREAS, on March 10, 2015, Conditional Final Plat Approval expired and was the last Extension of Conditional Final Approval allowed by Town Code §240-25 C; and WHEREAS, pursuant to §240-56 Waivers of Certain Provisions, the Planning Board may waive or modify provisions of the subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare; and WHEREAS, on April 6, 2015, the Planning Board, at their Work Session, reviewed a request from the applicant to extend their Conditional Final Plat Approval beyond the limit in the Town Code to give the applicant more time to review and further understand the limitations of the building envelope/clearing area on the proposed lots. The limit of extensions in Town Code §240-25 C is 360 days, which limit was exceeded on March 10, 2015. After review, the Planning Board found that the limit of 360 days of extensions beyond the original Conditional Final Plat Approval is not requisite in the interest of the public health, safety and general welfare in this case because a short extension beyond that would have no effect on the public. No Code changes, other regulation changes or changes in the conditions or features of the land are expected to occur within the additional 90 days requested; and WHEREAS, on April 6, 2015, Southold Town Planning Board granted a 90 day Extension of Conditional Final Approval through June 8, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions; and WHEREAS, on June 1, 2015, the agent submitted a request for a 60 day extension due to revising the final map; and WHEREAS, on June 8, 2015, the extension of Conditional Final Approval expired; and WHEREAS, the Planning Board reviewed the request from the agent for a 60 day extension and instead agreed to grant an extension of 90 days to allow enough time to complete the conditions of Conditional Final Approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby modifies Town Code §240-25 C as stated above, to allow an additional 90 day Extension of Conditional Final Plat Approval; and be it further RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Final Approval from June 8, 2015 to September 6, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions. ,ries Estates — Page 13 —July 7, 2, If the conditions of Conditional Final approval are not met within the 90 day extension of time, the application for Final Plat must be re-submitted along with the corresponding fee. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman - CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 July 2,2015 E-mail: charles.cuddy@verizon.net P�i�1 Ms. Alyxandra Sabatino, Town Planner JUL 0 6 2015 Southold Town Planning Department PO Box 1179 Southold Town Southold,New York 11971 Planning Board RE: Aries Estates subdivision Dear Ms. Sabatino: We are enclosing eight(8)prints of the Final Plat of Aries Estates last dated July 2, 2015. Very truly yours, Charles R. Cuddy CRC/ik Enclosure MAILING ADDRESS: PLANNING BOARD MEMBERS *0f S10So P.O. ,ox 1179 11971 DONALD J.WILCENSKI ,`O �® Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY ® a� 54375 State Route 25 JAMES H.RICH III ��� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COIN Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 18, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Planning Board has reviewed your request for an Extension of Conditional Final Approval and has agreed that a 90 day Extension of Conditional Final Approval from June 8, 2015 through September 6, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions, will be placed on the July 6, 2015 Public Meeting Agenda. Please submit proof that all conditions of Conditional Final Approval have been met, including any map revisions as soon as possible for Board review and approval. If you have any questions regarding the above, please contact the Planning Board Office. Very truly yours, Oz4\�O� s--C,.,L(oo-" Alyxandra Sabatino Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 15, 2015 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications Project Name: Lucas Ford —_ _ — --_ SCTM#_3 1000-59-3-32.1 ---------------- -- - -------------- Location: 3245 Hortons Lane, Southold Description: This amended Site Plan is for an 80' x 115' (9,200 sq. ft.) service area addition and alterations to the existing 80' x 150' (12,000 sq. ft.) car dealership with 189 parking stalls on 4.1 acres in the General Business I —�(B) Zoning District_ --— —- - - ---- --- -------- --- ----------------- ---- -------- Status: Pending __ Action: Review referrals. Attachments_ —_ Staff Report Project Name:_ Krupski Farm_Storag_e Building i SCTM#: i 1000-85-3-8 i Location: _ 38030 Route 25, Peconic j Description: This Agricultural Site Plan is for the construction of a 62' x 30' (1,860 sq. ft.) agricultural storage building to replace an existing greenhouse on 19.5 acres in the A-C Zoning District. ---- Status: Pending Action: Review Applicant's request. Attachments: Staff Report Project name__— ; Aries Estates/Tully ; SCTM#: ; 1000-22-3-2 _ Location: at the westerly terminus of a private right-of-way which extends north i ;— __ from K_ayleigh's Court in East Marion Description This proposal is for a Standard Subdivision of an 11.4-acre parcel into i two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open ; space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. I` Status: Conditional Final Approval Action:_ �' Review request for Conditional Final Extension.___—____ _ Attachments: Staff Report ;_Project Name: The Or SCTM#: 1000-27-1-3 - - — - -- - - -- -- -- - - - --- --—----- - - Location: 2595 Orchard Street, Orient ------ ---------- --------- - --- -----------------------------------— - ---- - ------- Description: This proposal is for a Clustered Standard Subdivision to subdivide a 13.3' acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99 acres, Lot 3= 1.14 acres, Lot 4= 0.92 and Lot 5= 0.92 acres in the R-80 Zoning District. -- - - - -- - -- - - - -- - ---- --- - - -- -- Status: Conditional Sketch Approval ----------- ----- - -- ------------------ --------- -- - --- -------------------- ------ - - - -- ----- - Action: Review draft letter to Applicant. Attachments: Draft Letter CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8XO P.O.Box 1547 FAX. (631)369-9080 Riverhead,NY 11901 May 27, 2015 E-mail: charles.cuddy@verizon.net Planning Board E C E � LI E Town of Southold PO Box 1179 EJUN1 2015 Souihold,-New York 11971 Southold Town Planning Board RE: Aries Estates 2-lot subdivision Dear Board Members: Having agreed upon the building envelope of 38,000 sq.ft., we are now having the surveyor, Howard Young, prepare the final map and submitting it to the health department so it may be re- stamped. I anticipate that all of the above will be completed within the next 60 days. The map then may be signed by the Chair of the Planning Board. We therefore request a final extension of 60 days in order to complete the subdivision. Very truly yours, Charles R. Cuddy CRC/ik Enclosure MAILING ADDRESS: PLANNING BOARD MEMBERS QF s®Uryo So uh hold,NY 1179 11971 DONALD J.WILCENSKI �® to Chair v J� OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY ® �� 54375 State Route 25 JAMES H. RICH III SIDOR lif' (cor.Main Rd. &Youngs Ave.) MARTIN C®[f ,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 21, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM #1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board reviewed the above-referenced application at their May 18, 2015 Work Session and found the following: 1. Revise the Final Plat to reflect the accepted increase in building envelopes on proposed Lots 1 & 2 to 38,000 sq. ft. each. 2. For consistency with past and future subdivisions and the Town Code, re-label the terminology on the Final Plat from "clearing area" to "building envelope". This includes removing the clearing area calculations, which the Board has agreed to waive to allow the slightly larger building envelope. 3. All legal document descriptions must be reviewed and revised where necessary to ensure the new enlarged building envelopes (38,000 sq. ft) are reflected. If you have any questions, please do not hesitate to contact this office at 631-765- 1938. Very truly yours, (*�CVV7epa �abo,_� Alyxandra Sabatino Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 18, 2015 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications t name: Ski Standard Subdivision Project - - -- ---� - ----------�------------------- --------- i SCTM#: j 1000-10-10!8.1 _ I i Location: On the corner of Montauk & Oriental Avenues, approximately 1,800' east of Peninsula Road, Fishers Island_ i Description: This proposal is for a Standard Subdivision of a 4.98 acre parcel into -I ( two lots where Lot 1 = 3.05 acres and Lot 2 = 1.93 acres located in the { R-80 Zoning District. _ Status - - ( Conditional Preliminary Plat Approval --- I Action: I Review for Final Approval. I Attachments: _� Staff Report - Project name: -!'Aries Estates/Tully _ SCTM#: ; 10_00-22-3-2 ' Location: at the westerly terminus of a private right-of-way which extends north from Kayleih's Court in East Marion i Description: ( This proposal is for a Standard Subdivision of an 11.4-acre parcel into E ; two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in 1 the R-80 Zoning District. Status: ; Conditional_Preliminary Approval I Action: j Discuss building envelope_- - 1 Attachments: j Staff Report _ Project name- I Koehler Family Ltd. Partnership ! SCTM#: ' 1000_-115-10-1 1 Location: !, 4180 New Suffolk Avenue, Mattituck I Description: I This proposal is a Standard Subdivision of a 14.94 acre parcel into eight 1 ? lots where Lot 1 equals 0.83 acres inclusive of 0.04 acres of unbuildable i lands; Lot 2 equals 0.85 acres inclusive of 0.05 acres of unbuildable i lands; Lot 3 equals 1.13 acres inclusive of 0.26 acres of unbuildable j lands; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.70 acres; Lot 7 equals 0.73 acres; and Lot 8 equals 8.72 acres of Open, Space and 0.05 acres of unbuildable lands, located in the R-80 Zoning -_ District. This property includes a proposed road totaling 0_54 acres. _ - Status: I Conditional Sketch Approval I Action: _ t Review referrals and design__ - Attachments: i Staff Report 1 MAILING ADDRESS: PLANNING BOARD MEMBERS ®F S0(/,y P.O. Box 1179 DONALD J.WILCENSKI ®� ®I� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CATown Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ® (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR lel Uuw Southold, NY Telephone: 631765-1938 vwvw.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 28, 2015 'Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM #1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: We are in receipt of your letter dated April 7, 2015, and were dismayed to read that you and your client feel less than satisfied with your experience. We also received your letter dated April 22, 2015, and provide this letter as an answer to your request. The Planning Board and Planning staff have made every effort to help your client complete this subdivision and tailor it to fit his needs, including allowing narrower than typical setbacks to accommodate the existing home, allowing the open space to be split between the two lots, two separate, very long driveways where a single is usually required, and an extra 90 days beyond the 360 days usually allowed for Conditional Final Plat conditions to be met. With respect to your client's most recent special request to allow accessory structures outside the clearing area/building envelope, the Planning and Building Department staff listened carefully to your client's goals at our meeting. We heard that your client believed that more space was required in the building envelope to accommodate a pool, a tennis court and a house of generous proportions onto the property. We could not recommend allowing accessory buildings outside the building envelope as was requested.due to the far-reaching precedent that would set. Instead, we looked for . another way to accomplish the goal. Southold Town Planning �Dard Page 2 April 28, 2015 The most logical way to achieve your client's goal was to increase the building envelope (a.k.a. the clearing area in this case). We used the rationale that the building envelope could be allowed to be larger than you proposed originally because any impacts from that were offset by the fact that the yield of this subdivision was reduced by 60%. Because we believed this would achieve the applicant's goals, we didn't think it necessary to call you ahead of time. At the April 6, 2015 work session, the Planning Board reviewed the request and agreed the best course of action was to increase the building envelope. Staff recommended increasing the building envelopes to 30,000 sq. ft., you suggested 40,000 sq. ft., and the Board compromised at 35,000 sq. ft. The Board then pointed out that there was ample room to fit all the amenities anyone could need within that size building envelope. They also required that the notation of"clearing area" be changed to "building envelope" because the new size of that area would exceed the clearing restrictions in the code, which the Board, in this case, has agreed to modify or waive. The Board has reiterated their willingness to increase the building envelopes up to 35,000 sq. ft. As stated in our previous letter, the Final Plat will need to be changed to reflect the new building envelopes. The Board asks that the table entitled "Clearing" be removed from the Final Plat. Finally, the table of dimensions for each lot must be revised to remove the "buildable area" column and replace it with a "building envelope" column showing that each building envelope is no more than 35,000 sq. ft. Any of the legal documents referencing this area must also be changed to reflect the new metes and bounds and notations. Please keep in mind the new extended expiration date of the Conditional Final Plat Approval is June 8, 2015, by which date all the conditions must be met and'the Final Plat decision completed. If you have any questions, please do not hesitate to contact this office at 631-765-1938. Very truly yours, Heather Lanza, AICP Planning Director 4n�- CHARLES R.CUDDY JDv E C E � E ATTORNEY AT LAW EA2 2015 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Southold Town Planning Board Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 April 22, 2015 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: Enclosed please find a print of the Final Plat indicating that the preserved area is now at 60% and this provides 40,000 sq. ft. into which a house, swimming pool and tennis court can be constructed. Can we meet to discuss this layout which I believe is reasonable and is acceptable to Mr. Tully. Very truly yours, 34t14'14(4 Charles R. Cuddy CRC/ik Enclosure J RESOLUTION 2015-369 ADOPTED DOC ID: 10746 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-369 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21, 2015: Q '_ Tv RESOLVED that the Town Board of the Town of Southold hereby D E E � V accepts the security payment in the sum of$34,520.00 from Applicant, APR 23 2W5 Shawn Tully's attorney, pursuant to Section 240-34 of the Southold Town Code for the proposed Standard Subdivision entitled"Aries Estates", sout. . Town SCTM#1000-22-3-2, as recommended by the Southold Town Planning Planning Board Board, subject to the approval of the Town Attorney. ae4o��� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell �r CHARLES R.CUDDY ATTORNEY AT LAW CY 445 GRIFFING AVENUE RIVERHEAD,NEW YORK P G i 4 L-i NAT x A Mailing Address: TEL: (631)369-8200 P.O.Box,1547 FAX: (631)369-9080 Riverhead,NY 11901 April 7, 2015 E-mail: charles.cuddy@verizon.net D ECEHE Ms. Alyxandra Sabatino, Town Planner EAPR 2015 Southold Town Planning Department Southold Town PO Box 1179 Planning Board Southold,New York 1 1 97, RE: Aries Estates subdivision Dear Ms. Sabatino: I spoke to Shawn Tully and he does not believe that the proposed 35,000 sq. ft. building area will allow;appropriate aesthetic placement of a home, a tennis court and a swimming pool. I'm also concerned about a planning practice that I believe is�unfair. When we met,referring to the meeting of Shawn Tully,myself, Mike Verity, Heather Lanza and you,the proposal was made to extend accessory uses into the building area and it seemed to both, Mr. Tully and myself, there was an agreement to do so. I placed this in writing on.two (2) occasions and there was no indication it was unacceptable. Yet, in appearing before the Board yesterday, I was advised that you would not change the declaration but would extend the square footage of the building area which was negotiated a total of 35,000 sq. ft. for each lot. I attempted to arrive at a figure but had no fore warning of your change of position. It is bothersome and disappointing to go through a process that changes at the last minute. I'm hopeful that, upon consideration, the Planning Department will notify an applicant of its change of position prior to the meeting so that there may be more meaningful input on the applicant's behalf. The current practice extends the entire process. Not parenthetically, I also wish to point out that re-labeling the"clearing area" as "buildable area"will conflict with the chart which shows the buildable area. - _ Very truly,yours,. ...C�'! .- . r .]. a � i..._. _ •`y���'+����{ � __ -_•_ • Charles R. Cuddy CRC/ik , .n\closure Sabatino, Alyxandra K. From: Charles Cuddy <Charles.Cuddy@Verizon.Net> pe), L �� N ON Sent: Thursday,April 09, 2015 11:00 AM D E C E To: Sabatino,Alyxandra K. v� Subject: Aries Estates subdivision APR 0 9 2015 Attachments: D00042015.pdf Southold'Fown Planning Board Aly, Mr. Tully has prepared a diagram showing the buildable area of 35,000 sq.ft. and how it would be consumed on a back to back basis with the swimming pool,house and tennis court. He has a large house but you should be aware that his neighbor on the former Garvey lot is building even larger house. Mr. Tully anticipates that any person buying a 5 ac. lot expects to build a large house. In order to have some minimal landscaping, the buildable area should be 50,000 sq.ft. Charles R. Cuddy, Esq. i 04/07/2015 TUE 14:32 FAX llz 467 5488 2001/001 L� fu C.i> MOO x' IL i 4 k (> +w, 0 l a YA ML -xv r P. . MAILING ADDRESS: PLANNING BOARD MEMBERS *pF so(/T�o Southold,Box 1179 11971 DONALD J.WILCENSKI h� l� Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY �Q 54375 State Route 25 JAMES H.MARTIN H. CH III �i�' (cor.Main Rd. &Youngs Ave.) Cou Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 7, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Extension of Conditional Final Approval: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 6, 2015: WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on March 10, 2014, the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions to be completed prior to Final Plat Approval; and WHEREAS, on September 10, 2014, Conditional Final Plat Approval expired; and WHEREAS, the applicant requested a 90 day extension to fulfill the conditions of Conditional Final Approval; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Approval through December 10, 2014; and WHEREAS, in a letter dated December 1, 2014, the agent requested an extension to provide the applicant more time to obtain the Performance Bond; and ru as Estates — Page Two —April 7, 2:,-.'.i WHEREAS, on December 10, 2014, the Extension of Conditional Final Approval expired; and WHEREAS, the Planning Board found that the reason for the extension was acceptable; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Plat Approval though March 10, 2015; and WHEREAS, on March 10, 2015, Conditional Final Plat Approval expired and was the last Extension of Conditional Final Approval allowed by Town Code §240-25 C; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Planning Board may waive or modify provisions of the subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare; and WHEREAS, on April 6, 2015, the Planning Board, at their Work Session, reviewed a request from the applicant to extend their Conditional Final Plat Approval beyond the limit in the Town Code to give the applicant more time to review and further understand the limitations of the building envelope/clearing area on the proposed lots. The limit of extensions in Town Code §240-25 C is 360 days, which limit was exceeded on March 10, 2015. After review, the Planning Board found that the limit of 360 days of extensions beyond the original Conditional Final Plat Approval is not requisite in the interest of the public health, safety and general welfare in this case because a short extension beyond that would have no effect on the public. No code changes, other regulation changes or changes in the conditions or features of the land are expected to occur within the additional 90 days requested; be it therefore RESOLVED, that the Southold Town Planning Board hereby modifies Town Code §240- 25 C as stated above, to allow an additional 90 day Extension of Conditional Final Plat Approval; and be it further RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Final Approval through June 8, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions. If the conditions of Conditional Final approval are not met within the 90 day extension of time, the application for Final Plat must be re-submitted along with the corresponding fee. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours aures H. Rich, III Vice-Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 6, 2015 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Executive Session 4:30 p.m. Applications 5:45 p.m. Review Public Meeting Agenda Project name: ; Aries Estates/Tully , SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north _ from Kayleigh's Courtin East Marion Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in ; the R-80 Zoning District. - --- - - -- - -- ----- - --- -- - ------ -- ------ -- - - - -- - ------------ -- ------- Status: Conditional Preliminary Approval _ Action: Discussion- -- --re: Covenants & Restrictions- - -- -- - ---- --- - - - ------- - - ---- -- - ------------ - - ---- Attachments: Staff Report —_ Project name_ _ Stanton, Phil & Jennifer SCTM#: 1000-64-1-29 Location: 845 Mapl--e--Avenue,--Southold _ - - - --- -- - ----- - ------- - - ------- -- - ---- - - Description: This proposal is a Standard Subdivision of a 5.32 acre parcel into three lots where Lot 1 equals 2.45 acres, Lot 2 equals 1.25 acres, and Lot 3 equals 1.63 acres, located in the R-40 Zoning District. Status: Conditional Preliminary Approval - - - -- ---- - ------ - - -------- - ------ ------ ----------- - ---- Action: Review Final Plat for completeness. Attachments: Staff Repo-rt- Project e ortProject Name: _Ovsianik, Allen _SCTM#: 1000-97-2-15 & 16.5 - ---- ----- - - ---- --------------- - - -- Location: 225 Eugenes Rd., Cutchogue - - --- ---- - - ------ - - -- - --- - ------ - - - - - Description: This proposed Lot Line Modification transfers +/-0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. SCTM#1000-97-2-15 will increase in size from +/-0.3 acres to +/-0.7 acres and SCTM#1000- 97-2-16.5 will decrease from +/-1.5 acres to +/-1.1 acres located in the R- 80 and B Zones. - - - - --- - - - - --- -- ---- - ---- - -- - --- - - -- --- ---- ------ - - - - -- Status: New Application - - ------- - - - ------ ----- ----------- - - - Action: Discussion on how to proceed with application. - - - - ---- - - - -- - ------ ----- - -- - - - -- -- Project Name: Fragola Electrical Contractor's SCTM#: .1000-48-2-44.2 Ya rd - - - -- - - ------ --- - - ------ - - - -- ----- - Location: 620 Corwin Street, on the s/e corner of Seventh St. & Corwin St., Greenport Description: This Site Plan is for an electrical contractor's yard and proposed construction of a 77' x 36' (2,772 sq. ft.) building for office and storage with four parking stalls on 0.2 acres in the Light Industrial Zoning District._ Status: New Application_ --- Action: Review for completeness. Attachments: Staff Report MAILING ADDRESS: PLANNING BOARD MEMBERS *QF s®ul P.O.Box 1179 DONALD J.WILCENSKI �O�` y®�O Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS us Town Hall Annex PIERCE RAFFERTYG �� 54375 State Route 25 JAMES H.RICH III 0� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ���UM� Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 8, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 ' Re:" Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to thet east of Stars Road in East Marion SCTM #1000-22-3-2 Zoning District: R-80 Dear Mr.-Cuddy: The Southold Town Planning Board reviewed the above-referenced application at their April 6, 2015 Work Session and found the following: 1. Revise the Final Plat to reflect the accepted increase in building envelopes on proposed Lots 1 & 2 to 35,000 sq. ft. each. 2. For consistency with past and future subdivisions and Town Code, relabel the terminology on the Final Plat from "clearing area" to "building envelope". 3. All legal document descriptions must be reviewed and revised where necessary to ensure the new enlarged building envelopes (35,000 sq. ft.) are reflected. If you have any questions, please do not hesitate to contact this office at 631- 765-1938. Very truly yours, COT/_"_ Alyxandra Sabatino Planner r �r _ MAILING ADDRESS: PLANNING BOARD MEMBERS aQF S0(/jy P.O. Box 1179 DONALD J.WILCENSKI �O� Ol0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY p 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Irou I,� ' Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 13, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located at the westerly terminus of,a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 r, Dear Mr. Cuddy: Your request for an additional 90 day Extension of Conditional Final Approval which expired on March 10, 2015 was discussed at the March 9, 2015 Planning Board Work Session. The Planning Board has agreed to consider your request and the resolution for a 90 day Extension of Conditional Final Approval through June 8, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions, will be placed on the April 6, 2015 Public Meeting Agenda. If you have any questions regarding the above, please contact the Planning Board Office. Very truly yours, ark Ter Principal Plann Southold Town P=Ta�ding Board Work Session — March u,2015 - Page 2 Project name: ; Aries Estates/Tully SCTM#: ; 1000-22-3-2 Location: �at the westerly terminus of a private right-of-way which extends north �— from Kayleigh's Court in East Marion Description: This proposal is for a Standard Subdivision of an 11.4-acre parcel into I ; two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open j 1 space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. Status: Conditional Preliminary Approval Action: Agents request _ _ -- __—___-_ Project Name: New Cingular Wireless/AT&T at ; SCTM#: j 1000-63-1-10 1040B Hortons Lane Location:_ ; 1040B Horton's Lane, Southold 1 Description: This proposed Site Plan is for a 75' high wireless telecommunications I ' monopole to include six (6) AT&T panel antennas and two (2) empty 10' j sections for possible future co-location (all concealed within the pole), along with 300 sq. ft. proposed within an existing building for associated j ground equipment on 6.9 acres in the Light Industrial Zoning District__ Y I Status_ _--_ Pending Action: Meeting with consultant to discuss report. i Attachments: ; Report from Cityscape Consultants I Project Name: — ' Eastern Front Microbrewery SCTM#: ! 1000-141.-3-34 Location: 425 Westphalia Rd., ±375' s/e/o CR 48 &Westphalia Ave., Mattituck Description: This proposed Site Plan is for the conversion of an existing 70' x 31' (2,170 sq. ft.) storage building into a microbrewery and 312 sq. ft. retail space including five (5) parking stalls on 0.3 acres in the Light Industrial l- Zonin District, Mattituck. '--- ----- ----- -- ------�------- --- ---- -------------_- - Status_ New Application Al ction: Review for completeness. _ Attachments: ; Staff Report 1 Project Name: Soundside Landscape, Inc. SCTM#: i 1000-52-5-58.3 I Location: ' 67575 Route 25, ±275' s/w/o Albertson Lane & NYS Rt. 25, Greenport Description: This Site Plan Application is for the proposed construction of an 80' x 40' (3,200 sq. ft.) commercial building for a landscape contractor's yard on .99 acres in the Light Industrial Zon_in_g District_ Status: Pending -- --- ----- ------ --— Action: Review referrals. :..Attachments: Staff Report_ Discussion: ❖ ZBA Request for Comments re: Fragola, 620 Corwin Street, Greenport, SCTM#1000-48-2-44.2, electrical contractor's yard i _1 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8200 P.O.Box 1547 FAX. (631)369-9080 Riverhead,NY 11901 March 3, 2015 E-mail: charles.cuddy@verizon.net `^ r> Ms. Alyxandra Sabatino, Town Planner D E C E � V E Southold Town Planning Department PO Box 1179_ MAR 10 2015 T �. 971 Southold,�.. New Ycr� Southold Town RE: Aries Estates subdivision PlanningBoard Dear Ms. Sabatino: We are enclosing a check in the sum of 34,520.00 representing a cash payment in place of the performance bond for the above subdivision. Please confirm the receipt of the sum and also confirm that the Planning Board and Town Board will adopt a resolution accepting this payment in lieu of the performance bond. Very truly yours, Charles R. Cuddy CRC/ik Enclosure MAILING ADDRESS: PLANNING D OARD M J. ESouthold, hO��OF SU(/jy�lOP.O. ox 1179 N 1 971 Chair OFFICE LOCATION: WILLIAM J.CREMERS ,c Town Hall Annex PIERCE RAFFERTY COQ 54375 State Route 25 JAMES H.RICH III ��� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR CQU �� Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 30, 2015 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The above-referenced application, pursuant to §240-25 (C) of the Southold Town Code, has received its last 90 day Extension of Conditional Final Approval and will expire on March 10, 2015. In response to your letter sent January 22, 2015 requesting an additional extension of 90 days and citing New York Town Law §276-7 (c), Legal Counsel has reviewed this section of Town Law and advised the Planning Board that their continuing to apply Town Code §240-25 (C) by requiring a limit of two 90 day extensions complies with Town Law §276-7 (c). As such, Conditional Final Approval cannot be extended past March 10, 2015. If your client cannot complete all conditions of Conditional Final Approval prior to the March 10 expiration date, the application for Final Plat must be re- submitted along with the corresponding fee of$500.00. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner CHARLES R.CUDDY _ ATTORNEY AT LAW JAN 2 2 2015 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Southold Town Planning Board Mailino Address: TEL. (631) - P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 January 20, 2015 E-mail: charles.cuddy@verizon.net Heather Lanza, Pl-anning Director Town of Southold Planning Department PO Box 1179 Southold,New York 11971 RE: Aries Estates 2-lot subdivision Dear Ms. Lanza: _ As indicated in our recent discussions, Shawn Tully is close to being in a position to post performance bond. The length of time to secure subdivision approval hurt his financial position and he requires an additional extension of the conditional final approval for the Aries Estates subdivision. Pursuant to the New York Town Law §276 7 (c),a copy of which is enclosed, the Planning Board may now grant additional 90-day extensions. We would appreciate your bringing this to the Board's attention and asking approval for a further extension. Very truly yours, Charles R. Cuddy CRC/ik Enclosure Laws of New York Page 7 of 8 (3) Decision. The planning board shall by resolution conditionally approve, with or without modification, disapprove, or grant final approval and authorize the signing of such plat as follows: (a) If the preparation of an environmental impact statement on the final plat is not required, the planning board shall make its decision within sixty-two days after the close of the public hearing on the final plat. (b) If an environmental impact statement is required, the planning board shall make its own findings and its decision on the final plat within sixty-two days after the close of the public hearing on such final plat or within thirty days of the adoption of findings by the lead agency, whichever period is longer. The grounds for a modification, if any, or the grounds for disapproval shall be stated upon the records of the planning board. 7. Approval and certification of final plats. (a) Certification of plat. Within five business days of the adoption of the resolution granting conditional or final approval of the final plat, such plat shall be certified by the clerk of the planning board as having been granted conditional or final approval and a copy of such resolution and plat shall be filed in such clerk's office. A copy of the resolution shall be mailed to the owner. In the case of a conditionally approved plat, such resolution shall include a statement of the requirements which when completed will authorize the signing thereof. Upon completion of such requirements the plat shall be signed by said duly authorized officer of the planning board and a copy of such signed plat shall be filed in the office of the clerk of the planning board or filed with the town clerk as determined by the town board. (b) Approval of plat in sections. In granting conditional or final approval of a plat in final form, the planning board may permit the plat to be subdivided and developed in two or more sections and may in its resolution granting conditional or final approval state that such requirements as it deems necessary to insure the orderly development of the plat be completed before said sections may be signed by the duly authorized officer of the planning board. Conditional or final approval of the sections of a final plat may be granted concurrently with conditional or final approval of the entire plat, subject to any requirements imposed by the planning board. (c) Duration of conditional approval of final plat. Conditional approval of the final plat shall expire within one hundred eighty days after the resolution granting such approval unless all requirements stated in such resolution have been certified as completed. The planning board may extend for periods of ninety days each, the time in which a conditionally approved plat must be submitted for signature if, in the planning board's opinion, such extension is warranted by the particular circumstances. 8. Default approval of preliminary or final plat. The time periods prescribed herein within which a planning board must take action on a preliminary plat or a final plat are specifically intended to provide the planning board and the public adequate time for review and to minimize delays in the processing of subdivision applications. Such periods may be extended only by mutual consent of the owner and the planning board. In the event a planning board fails to take action on a preliminary plat or a final plat within the time prescribed therefor after completion of all requirements under the state environmental quality review act, or within such extended period as may have been established by the mutual consent of the owner and the planning board, such preliminary or final plat shall be deemed granted approval. The certificate of the town clerk as to the date of submission of the http://public.leginfo.state.ny.us/LAW SSEAF.cgi?QUERYTYPE=LAWS+&QUERYDAT... 1/20/2015 MAILING ADDRESS: PLANNING BOARD MEMBERS QF S (/T P.O. Box 1179 DONALD J.WILCENSKI �� yplo Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY �� 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR coU�uT`1,� Southold,NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 16, 2014 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Extension of Conditional Final Approval: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 15, 2014: WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on March 10, 2014 the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions to be completed prior to Final Plat Approval; and WHEREAS, on September 10, 2014, Conditional Final Plat Approval expired; and WHEREAS, the applicant requested a 90 day extension to fulfill the conditions of Conditional Final Approval; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Approval through December 10, 2014; and WHEREAS, in a letter dated December 1, 2014, the agent requested an extension to provide the applicant more time to obtain the Performance Bond; and Aries Estates — Page Two — December 4-�, 2014 WHEREAS, on December 10, 2014, the Extension of Conditional Final Plat expired; and WHEREAS, the Planning Board found that the reason for the extension was acceptable, therefore be it RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Final Approval through March 10, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions. Please note that this 90 day extension is the last extension of Conditional Final approval allowed by Town Code Section 240-25 C. If conditions are not met within 360 days of the Conditional Final Plat Approval, the application for Final Plat must be re-submitted along with the corresponding fee. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 December 1, 2014 E-mail: charles.cuddy@verizon.net Planning Board Town of Southold PO Box 1179 Southold,New York 11971 RE: Aries Estates 2-lot subdivision Dear Board Members: Aries Estates, LLC through its principal, Shawn Tully, is still working on obtaining the performance bond and on his behalf we request that the Planning Board further extend the subdivision approval to permit this matter to be appropriately concluded with filing of the subdivision map. Thank you. Very truly yours, Charles R. Cuddy i Enclosure D ECL � �IL DEC _ 2 2014 Southold Town Planning Board MAILING ADDRESS: PLANNING BOARD MEMBERS �pF S0(/jP.O.Box 1179 DONALD J.WILCENSKI �0� Ol0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY G �Q 54375 State Route 25 JAMES H.RICH III ��� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR '��OUNT`I,� Southold,NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 9, 2014 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Extension of Conditional Final Approval: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 8, 2014: WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully " prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to the following conditions to be completed prior to Final Plat Approval; and WHEREAS, on September 10, 2014, Conditional Final Plat approval expired; and WHEREAS, the applicant requested a 90 day extension to fulfill the conditions of Conditional Final Approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Final Approval through December 10, 2014 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully" prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions. ArL- 'Estates — Page Two — September 2014 This approval is valid for 180 days from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. No more than two extension periods of 90 days each may be granted. If conditions are not met within 360 days of the Conditional Final Plat Approval, the application for Final Plat must be resubmitted along with the corresponding fee. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours Donald J. Wilcenski Chairman Z�tiL� r: CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Maihn4 Address- TEL- (631)369-8200 P.O.Box 1547 PAX. (631)369-9080 Riverhead,NY 11901 August 25, 2014 E-mail: charles.cuddy@verizon.net D FL FAUG Planning BoardTown of Southold 2 6 2014 PO Box 1179 Southold,New work 11971 Southoid-101V' Planning Ow d RE: Aries Estates 2-lot subdivision Dear Board Members: Our client, Aries Estates, LLC, received conditional final approval of its 2-lot subdivision on March 11, 2014 and has not been able to complete all of the conditions listed in the resolution. Therefore, Aries Estates, LLC respectfully requests that conditional final approval of its 2-lot subdivision be extended for additional 90 days. Thank you. Very truly yours, Charles R. Cuddy C'RC%ik Enclosure MAILING ADDRESS: PLANNING BOARD MEMBERS OF S0, P.O.Box 1179 DONALD J.WILCENSHI Southold,,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III �Ol (cor.Main Rd. Ave.) MARTIN H.SIDOR nnn `Y Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD A March 11, 2014 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Conditional Final Approval: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, March 10, 2014: WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval upon the map entitled "Reduced Density/Cluster Preliminary Plat" for Shawn Tully, prepared by Howard Young, L.S., dated August 14, 2009 and last revised on April 6, 2009, subject to conditions; and WHEREAS, on June 22, 2010, the agent submitted a draft Bond Estimate for review; and WHEREAS, on June 23, 2010, a referral was sent to the Office of the Town Engineer to review the submitted draft Bond Estimate; and WHEREAS, on June 28, 2010, the agent submitted revised Covenants and Restrictions; and WHEREAS, on July 9, 2010, the agent submitted a Final Plat Application , 7 prints of the Final Plat and 7 prints of the Final Road and Drainage Plan; and Aries Estates Page Two March 11, 2014 WHEREAS, on July 26, 2010, the revised draft Covenants and Restrictions were sent to the Town Attorney's Office for review; and WHEREAS, on August 13, 2010, the applicant submitted a draft Open Space Conservation Easement for review; and WHEREAS, on August 18, 2010, the Final Subdivision Map and Road & Drainage Plan were sent to the Office of the Town Engineer for review; and WHEREAS, on August 25, 2010, the Office of the Town Engineer responded to the referral request with comments; and WHEREAS, on September 2, 2010, the Planning Board reviewed the application at their Work Session and requested that the applicant obtain legal right-of-access from the right-of-way off of Kayleigh's Court from the owner of SCTM#1000-22-3-8.2 in writing; and WHEREAS, on September 8, 2010, the agent submitted a letter objecting to the Planning Board's request to obtain legal right-of-access; and WHEREAS, on September 14, 2010, the Southold Town Planning Board set a public hearing on the Final Plat for October 18, 2010; and WHEREAS, on September 23, 2010, the Superintendent of Highways reviewed the subdivision map and stated that if the right-of-way located on the northeasterly terminus of Kayleigh's Court remained private in perpetuity, a 20' right-of-way would be sufficient; and WHEREAS, on October 4, 2010, the agent submitted 10 prints of the Final Plat and 10 sets of the Final Road & Drainage Plan; and WHEREAS, on October 18, 2010, the hearing on the Final Plat was held and closed; and WHEREAS, on November 4, 2010, the agent submitted a letter, dated April 7, 2008, from the East Marion Fire District that states that the Board of Commissioners inspected the entrance road running north from Kayleigh's Court and found the access satisfactory for emergency equipment; and WHEREAS, on November 30, 2010, the agent submitted an affidavit from Shawn Tully as requested, stating that the 10' right-of-way off of Kaleigh's Court Road has been used continually for more than 10 years and this right-of-way has been established by practice; and WHEREAS, on December 6, 2010, the agent requested that the draft Performance Bond Estimate be reviewed by the Planning Board; and Aries Estates Page Three March 11, 2014 WHEREAS, on March 14, 2011, the Planning Board reviewed the application at their Work Session and found that the applicant was required to submit a plan that demonstrates that he has clear title to an access that is a minimum of 15 feet wide pursuant to Southold Town Code §240-109 and Town Law §240-a along its entire length to proceed with this subdivision application; and WHEREAS, on August 9, 2011, the agent submitted 6 prints of the subdivision map amended to indicate a 15' wide right-of-way from Stars Road to proposed Lot 2 together with 2 sets of Final Road & Drainage Plans; and WHEREAS, on August 24, 2011, the Planning Board reviewed the application and found that both lots must have clear title to an access that is a minimum of 15 feet wide. The plans received on August 9, 2011 do not meet this requirement because the deeded access to proposed Lot 1 over the adjacent property was only 10' in width; and WHEREAS, on September 21, 2011, the agent submitted a letter requesting that the Planning Board reconsider the access requirement; and WHEREAS, on October 24, 2011, the Planning Board reviewed the second request to approve the subdivision application and stated that the Board was firmly committed to requiring that both lots have clear title to an access that is a minimum of 15 feet wide; and WHEREAS, on October 28, 2011, the agent submitted a letter stating that it was his understanding that the Board would not approve a 10 ft. wide right-of-way and requested that the application be held open and pending in order for the applicant to be in a position to present an access that will satisfy the Board's concern; and WHEREAS, on July 13, 2012, the agent submitted a letter stating that the applicant would agree to enter the subdivision from Stars Road providing that no improvements to the entrance road would be required until a Building Permit is issued. In addition, the applicant requested the opportunity to amend the subdivision map to show access in from the east side of the property in the event that the additional 5 ft. of deeded access needed to create a minimum 15' access becomes available at some time in the future; and WHEREAS, on August 9, 2012, the agent submitted 9 revised prints and 9 revised Final Road & Drainage Plans that show a 50 foot wide right-of-way from the westerly line of the subdivision to Stars Road; and WHEREAS, on August 27, 2012, the Planning Board, at their Work Session, reviewed the application and found that the Preliminary Plat Application had expired beyond the maximum amount of time permitted by the Code for extensions; and WHEREAS, on August 30, 2012, the agent submitted checks for the Park and Playground Fee, Preliminary Plat Fee and the Final Plat Fee; and Aries Estates Page Four March 11, 2014 WHEREAS, the Final Plat Application, pursuant to §240-20 of the Southold Town Code, was found complete; and WHEREAS, on September 11, 2012, the agent resubmitted the Preliminary Plat Application; and WHEREAS, on September 18, 2012, the Office of the Town Engineer reviewed the Final Road & Drainage Plan and requested that a Department of Environmental . Conservation Storm Water Pollution Plan and a Notice of Intent are required; and WHEREAS, on October 25, 2012, the Planning Board, at their Work Session, reviewed the application and requested that the agent submit amended legal documents to reflect the revised access from Stars Road to the proposed lots; and WHEREAS, on December 4, 2012, the agent submitted a revised Open Space Conservation Easement as requested; and WHEREAS, on December 17, 2012, at their public meeting the Planning Board granted 2"d Conditional Preliminary Plat Approval; and WHEREAS, on January 8, 2013, the Planning Board reviewed the application at their Work Session and requested that additional items be submitted; and WHEREAS, on February 8, 2013, the agent submitted proposed Easement Agreements for the common driveway and an easement for the 50 ft. right-of-way from the subject parcel to Stars Road; and WHEREAS, on April 19, 2013, the Office of the Town Engineer submitted a revised Bond Estimate to the Planning Board for review; and WHEREAS, on September 11, 2013, the Planning Board, at their Work Session, reviewed the request by the application to split the right-of-way for Lots 1 & 2 at the property line creating 2 separate driveways. The Planning Board accepted this change because this is a reduced yield subdivision and also because there will remain a single access to Stars Road; and WHEREAS, on September 27, 2013, the agent submitted revised legal documents based on the revised Access Plan; and WHEREAS, on October 7, 2013, the agent submitted 10 revised maps with the new access; and WHEREAS, on October 8, 2013, the agent submitted a revised Bond Estimate; and WHEREAS, on October 25, 2013, the Planning Board, at their Work Session, reviewed the revised Bond Estimate as prepared by the Office of the Town Engineer on April 19, 2013; and Aries Estates Page Five March 11, 2014 WHEREAS, on November 5, 2013, the Planning Board, at their Public Meeting, accepted the draft Bond Estimate for Aries Estates in the amount of$34,520.00; and WHEREAS, on November 8, 2013, the Office of the Town Engineer submitted a letter stating that the location of this application is outside of the Town's regulatory boundaries of DEC SWPPP review; and WHEREAS, on December 6, 2013, the Superintendent of Highways reviewed and accepted the draft Bond Estimate; and WHEREAS, on January 9, 2014, the agent submitted revised copies of the Open Space Conservation Easement, Common Driveway Agreement, Grant of Access Easement and Declaration of Covenants & Restrictions; and WHEREAS, on February 10, 2014, ,pursuant to §240-37, the agent submitted the required Administration Fee in the amount of$4,000.00; and WHEREAS, on February 24, 2014, the Planning Board, at their Work Session, reviewed the application and found that all requested changes to the Open Space Easement, Grant of Access Easement, Common Driveway Easement and Covenants & Restrictions were completed; and WHEREAS, on February 24, 2014, the Planning Board found that all items pursuant to §240-20 Submission of Final Plat have been met; be it therefore RESOLVED; that the Southold Town Planning Board hereby grants Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully ", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to the following conditions to be completed prior to Final Plat Approval: a. Place the existing electric utility line underground, and remove the existing utility poles. b. Amend the Final Plat to reflect the removal of the existing utility poles. c. Add the following note to the Final Plat: "The applicant shall have the right to relocate access to this subdivision from the .western property line to the eastern line over land now or formerly of Patricia D. Garvey if the following conditions are met: 1. The applicant, its successors or assigns, must obtain a minimum of an additional 5 foot easement to be added to the existing 10 foot easement, to be able to create a 15 foot wide right-of-way for the purpose of ingress and egress to the subdivision; and Aries Estates Page Six March 11, 2014 2. The Grantor must obtain an amended subdivision approval from the Southold Town Planning Board that reflects the new 15' foot right-of-way for the purpose of ingress and egress to the subdivision." d. Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. e. Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. f. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. Submit a Performance Bond, pursuant to §240-32 Performance Bond, in the amount of the draft Bond Estimate as approved by the Planning Board. This Performance Bond must be approved by Town Board resolution. This approval is valid for 180 days from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. No more than two extension periods of 90 days each may be granted. If conditions are not met within 360 days of the Conditional Final Plat Approval, the application for Final Plat must be resubmitted along with the corresponding fee. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly your, . � L) - Donald J. Wilcenski Chairman Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Friday, February'28, 2014 4:05 PM To: 'charles cuddy' Subject: RE:Aries Estates Charles, The following language reflects the previous language sent to you May 24, 2013 in an email. Please let me know if this language is acceptable. Thanks, Aly "The applicant shall have the right to relocate access from the western property line to the eastern line over land now or formerly of Patricia D. Garvey, if the following conditions are met: 1. The applicant, its successors or assigns, must obtain a minimum of an additional 5 foot easement to be added to the existing 10 foot easement, to be able to create a 15 foot wide right of way for the purpose of ingress and egress to the subdivision, and 2. The Grantor must obtain an amended subdivision approval from the Southold Town Planning Board that reflects the new 15' foot right of way for the purpose of ingress and egress to the subdivision." Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino@town.southold.ny.us From: charles cuddy [mailto:charies.cuddy@verizon.net] Sent: Friday, February 28, 2014 1:35 PM To: Sabatino, Alyxandra K. Subject: Re: Aries Estates Aly, The language I incorporated was the approved language which was included in the scenic easement. Why is that a problem? Charles -----Original Message----- From: Sabatino:Alvxandra K. To: charles.cuddy(d).verizon net Sent: Friday, February 28, 2014 11:56 AM Subject: RE. Aries Estates Sorry Charles that was supposed to be to heather... but now you know what I think! O I'll get back to you shortly. Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 1 Email:Alyxandra.Sabatino town.sc Id.n .us From: Sabatino, Alyxandra K. ......_... ,.. ... .__... _......w..__.._ _. w. _. .. ._.. __.� .___...__.M.__. __..._....._..�...._...�...�....-..... ,__..�...,....._ Sent: Friday, February 28, 2014 11:56 AM To: 'charles cuddy' Subject: RE: Aries Estates Charles wants to change the map language to say"the applicant shall have the right to relocate access...." Instead of "The applicant may submit and amended subdivision application..." I don't think we should allow the change. What do you think? From: charles cuddy [mailto:charles.cuddyCcbverizon.net] Sent: Thursday, February 27, 2014 4:09 PM To: Sabatino, Alyxandra K. Subject: Re: Aries Estates Aly, While the applicant does not object to adding language to the map, the covenant language in the open space conservation easement was direct and less permissive then the language proposed for the map. We would prefer to state* "The applicant shall have the right to relocate access from the western property line to the eastern line over land now or formerly of Patricia D. Garvey, if the applicant, its successors or assigns, obtains an additional 5 foot easement to be added to the existing 10 foot easement, for a total of a 15 foot wide right of way for the purpose of ingress and egress to the subdivision". I believe this is more consistent with the language previously agreed and would be acceptable to the applicant. Charles -----Original Message ----- From:'Sabatino, AI xxandra K. To: charles cuddy6�vernzon net Sent: Friday, February 21, 2014 10:52 AM Subject: Aries Estates Charles, To add to our Aries discussion at the counter, if the Planning Board approves the possible change in future access, a note could be added to the final map stating : "The applicant may submit an amended subdivision application to provide for alternative access to the property over the land shown as"now or formerly Patricia D.Garvey" if the Applicant, its successors or assigns obtains an "additional" 15 foot easement to be added to the existing 10'easement for a total of 25' wide right of way for the purpose of ingress and egress of said property." This change in the final map would be a condition of conditional final approval.The Planning Board could also include the language as a whereas clause in their resolution. if you have any questions, please let me know. Thanks, Aly Alyxandra Sabatino 2 Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino town southold ny us 3 MAILING ADDRESS: PLANNING BOARD MEMBERS Qf S0P.O.Box 1179 DONALD J.WILCENSKI ��Vv Ql0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G 54375 State Route 25 JAMES H.RICH III 'Ql (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ycou Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 27, 2014 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Planning Board reviewed the above-referenced application at their February 24, 2014 Work Session and found the following: 1. All required changes to the Open Space Conservation Easement, Grant of Access, Common Driveway Easement and Covenants & Restrictions have been completed, as requested at the 11/4/13 Work Session. J 2. Remove the following language from the permitted uses section of the Open Space Conservation Easement: "In addition, the Grantor shall have the right to complete (in accordance with the Approved Road and Drainage Plan), use and maintain the 25 foot right-of-way and any associated improvements providing access along the western property line as shown on the Final Subdivision Map. In the alternative, the Grantor shall have the right to re-locate the 25 foot right-of-way to the eastern property line if the following conditions are met: a. The Grantor must obtain a 15 foot right-of-access for purposes of ingress and egress over the parcel to the east of the subdivision (designated as "now or formerly Patricia D. Garvey" on the Final Subdivision Map); and b. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the 15 foot right-of-way, as shown on the Amended Subdivision Map; and Aries Estates Page Two February 27, 2014 c. The Grantor must remove the original 25 foot right-of-way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement. 3. Once the Open Space Conservation Easement language has been finalized, all items pursuant to the §240-20 submission have been met and the Planning Board can consider issuing a Conditional Final Plat Determination with the following conditions: a. Add the following note to the Final Plat: "Applicant may submit an amended subdivision application to provide for alternative access to the property over the land shown as "now or formerly Patricia D. Garvey" if the Applicant, its successors or assigns obtains an "additional" 5 foot easement to be added to the existing 10' easement for a total of 15' wide right-of-way for the purpose of ingress and egress of said property. b. Remove the existing utility poles located on the easterly side of the property. The final map must also be amended to reflect the removal of the existing utility poles. c. Submit four mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. d. Install all concrete survey monuments as shown on the Road and Drainage Plan dated September 29, 2010 and last revised October 1, 2013. e. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants and Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office Suffolk County Clerk. f. Submit a Performance Bond, pursuant to §240-32 Performance Bond, in the amount of the Draft Bond Estimate as approved by the Planning Board. This Performance Bond must be approved by a Town Board resolution. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, February 24, 2014 2:30 p.m. Southold Town Annex Board Room 2 ND Floor, Capital One Bank Building Applications: Project name: Tidy Car ; SCTM#- 1000-55-5-2.2 i Location: 3585 You Avenue, on the s/w/c/o CR 48 and Youngs Ave., Southold I Description: This amended site plan is for the applicant to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in the ; General Business Zoning District. s -- Status: Pending Action: Review revised Site Plan. Attachments: Staff Report i Pect name: R rojzeszut, Solowsky & Brown ( SCTM#: 1000-79-7-43.3, 44 & 45 I Location: 1720, 1820 & 1930 Leeward Drive, Southold Description': This proposed Lot Line Modification transfers 1.1 acres from SCTM#1000-79-7- 44 to SCTM#1000-79-7-44.3 and SCTM#1000-79-7-45. SCTM#1000-79-7-44 j will decrease in size from 1.1 acres to 0.00 acres; SCTM#1000-79-7-44.3 will increase from 1.2 acres to 1.8 acres, and SCTM#1000-79-7-45 will increase from 1.1 acres to 1.6 acres. I Status: PendingI Action: Review referrals. Attachments: Staff Report Project name: Crossroads Atlantic, LLC SCTM#: 1000-19-1-14.9 & 14.10 Location: The property is located at 32400 NYS Route 25, on the s/s/o State Route 25, approximately +/-3,200' e/o Narrow River Road in Orient. I Description: This 80/60 conservation subdivision proposal will subdivide a R-80 and R-200 split zoned 26 acre parcel into 2 lots; where Lot 1 equals 23 acres of preserved agricultural land upon which Development Rights were sold to the Town of Southold on January 6, 2009 and Lot 2 equals 3 acres. Proposed Lot 1 includes 0.92 acres of unbuildable land (0.02 ac of wetlands and 0.9 acres of a DEC access easement along the west side of the property). Status: Pending ! Action: ( Review for Conditional Sketch Approval. Attachments: Staff Report Project name: Aries Estates/Tully SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: This proposal is for a standard subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 , equals 5.7 acres,'including 3.2 acres of open space, in the R-80 Zoning District. I Status: Conditional Preliminary Approval Action: ' Review submitted documents. s Attachments: I Staff Report __ _------ Southold Town Plannim, Board Work Session - Page Two- F.,uary 24 2014 Project name: The Vines -,SCTM#- ^1000-73-1-1 Location: 151050 regon Road, Cutcho ue _ Description: This 80/60 prop sed conservation s sion will subdivide two R-80 and AC s split-zoned parce s (SCTM#10 - 3-2-4 d SCTM#1 000-73-1-1) into 7 lots where the total ac eage a parcels equ s 36.8 acres. t SCTM#1000 -2- (Parcel East) equals 31 a res proposed to be subdivided into 31 ; where Lo 1 equals 27.4 acres inclu 've of a 0.8 acre reserved area, 0 acres of unbuilda le land and 26 acres of pre erved agricultural land upon i which Development Ri hts are proposed to be sol to the Town of Southold, Lot 1 2 equals 1.3 acres incl ive of a 0.5 acres of open ace-and Lot 3 equals 1.9 acres inclusive of 0.9 ac s of open space. This parc I includes a right-of-way which equals 0.4 acres. j SCTM#1 000-73-1-1 (Parcel West) equals 5.8 a s prop sed to be subdivided ' into 4 lots; where Lot 4 equa 1.4 acres i sive of 0.7 ac es of open space, Lot 5 equals 1 acre inclusive o 0.2 a s of open space, Lo 6 equals 1 acre I inclusive of 0.2 acres of open s e and Lot 7 equals 1.6 acr s inclusive of 0.7 acres of open space. This rc includes a right-of way which equals 0.8 � acres. 1 i i This projec ' cludes the transferrin of 1 lot from SCTM#1000-73 -4 to j ( SCTM 00-73-1-1 for the purposes of transferring yield pursuant t §240-42 F- f e Southold Town Code. Status: ew Application i Action: R view application for completeness. Attachments: St4V Report , Project Name: The Orchards ! M#: i 1000-27-1-3 Location: 2595 rchard Street, Orient Description: This pr osal is for a standar bdivision to s bdivide a 13 acre parcel into 1 I five lots here Lot 1 = 9. cres including a 1.4 cre building envelope and 8 acres of ) eserved O n Space, Lot 2 = 0.9 acro , Lot 3= 1.1 acres, Lot 4= 0.9 l i 1 and Lot 5- 0.9 a s in the R-80 Zoning District. j Status: Pending Action: Review fpKbpnditional Sketch Aprp oval.` _1 I Attachments_ _ Staff eport Discussion: ❖ Request for comments from the To n Board regardi wo Local Laws: o Amendments to Chapter 260 Veh'cles & affic in connection with Parking Restrictions on Village Lane and King Street in amlet of Orient o Amendments to Chapter 144, Fi \evention and Building Code Administration, in connection with Tents ❖ SPUD re: Strong's Marine Pavilion, SCTM#1000-114-3-1, 2255 Wickham Avenue, Mattituck ❖ Draft a Code of Conduct and Procedural Guidelines for the Planning Board d P 4t, KT, is CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 February 10, 2014 E-mail. charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner _ Southold Town Planning Department jr;+ `' y PO Box 1179 .- Southold New York 11971 Lj FEB ® Z014w RE: Aries Estates subdivision a•. Dear Ms. Sabatino: We revised the Open Space Conservation Easement,paragraph 4.04 Permitted Uses and Structures to include additional language permitting the amendment to the map in the event additional land is obtained for an easement at the east side of the property. We also enclose a check in the sum of$4,000 as payment of the administrative fee. We believe that this matter is now ready for final approval and ask you to confirm that it will be presented to the Planning Board. Very truly yours, 3 ze Charles R. Cuddy CRC/ik Enclosure _1 OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2014 at Southold,New York. The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called "Grantor") and the Town of Southold, amunicipal corporation, having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates, LLC prepared by Howard Young, Land Surveyor, last dated , which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the "Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation, the Southold Town Planning Board has required this Open Space Conservation Easement be placed over acres portion of the subject property described in Schedule A, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the " Open Space Area No. 1" and "Open Space Area No. 2"and hereinafter referred to as the "Easement Area;" and Whereas,'as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an Open -1- Space Conservation easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Area, more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A, and possesses the-right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize'the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner'contrary to the provisions hereof,,in furtherance of federal,New York State and local conservation policies. 0.03 Boun6a Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyne This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights,terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. -2- ' 1.02 Duration This'Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the-Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns; and all other individuals and entities. The word "Grantor"when'used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation;Grading and Removal of Materials, Minim The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition`shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting (for use on-site only). Commercial production of compost is prohibited. 3.05 Sighs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants, b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. -4- 3.10 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.11 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses maybe constructed with no prior approval from the Planning Board. The well located on lot 2 is a permitted use pursuant to §240-44 of the Southold Town Code. Excluded from these permitted _ uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas(except if any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. -5- In addition, the Grantor shall have the right to complete (in accordance with the approved road and drainage plan), use and maintain the 25 foot right of way and any associated improvements providing access along the western property line as shown on the final subdivision map. In the alternative,the Grantor shall have the right to relocate the 25 foot right of way to the eastern'ptoperty line if the following conditions are met: 1. The Grantor must obtain a 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision(designated as "now or formerly Patricia D. Garvey"on the final Subdivision Map); and '2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the 15 foot right of way, as shown on the Amended Subdivision Map; and 3. The Grantor must remove the original 25 foot right of way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments'upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area; except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent -6- tel• contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty (30) days to Grantor, unless Grantee determines that immediate entry is required to prevent, terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii)hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or -7- (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement;provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right'or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant'or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No-Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. -8- 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its -9- execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this Easement has been duly authorized by its members and Grantee warrants that acceptance of this Conservation Easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates, LLC By: Shawn Tully, Member/Grantor Town of Southold (Grantee) By: Supervisor -10- STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2014, before me,the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2014, before me, the undersigned, personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -11- � a y Sabatino, Alyxandra K. From: Charles Cuddy <Charles.Cuddy@Verizon.Net> Sent: Thursday,January 09, 2014 10:35 AM - To: Sabatino,Alyxandra K. ig Subject: Aries Estates subdivision , Attachments: D00010914.pdf JAN ® 9 2014 ' Aly: It appears there is a significant opportunity for Mr. Tully to loin with his neighbor in creating a right of way of at least 15 ft. in width to the eastern property line As you have suggested last May(copy attached)we would like to include in the Open Space Conservation Easement and Covenants and Restrictions the additional language as set forth in your e-mail of May 24, 2013. Please advise. Charles R. Cuddy 1 Page 1 of 2 Charles Cuddy From: Sabatino,Alyxandra K. [alyxandra.sabatino@town.southold.ny.us] Sent: Friday, May 24,2013 11:12 AM To: charles.cuddy@verizon.net Subject:Aries Subdivision Charles please review the language for the Open Space Conservation Easement, Covenants and Restrictions, and map note/changes with your client. The Board has not approved the following language however, we wanted to run it by you first. If you have any questions, please call. Thanks. 1) To account for the possibility in the Open Space Conservation Easement that the right of way will be relocated to the east side of the property, revise the language regarding the right of way in Section 4.04 Permitted Uses to read as follows: "In addition, the Grantor shall have the right to complete (in accordance with the approved road and drainage plan), use and maintain the 25 foot right-of-way and any associated improvements providing access along the Western property line as shown on the final subdivision map. In the alternative, the Grantor shall have the right to relocate the 25 foot right-of-way to the eastern property line if the following conditions are met: 1. The Grantor must obtain a 25 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision(designated as"now or formerly Patricia D. Garvey"on the final Subdivision Map);and 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line,and creates a new access along the eastern property line of the same dimensions as the original access,as shown on the Amended Subdivision Map; and 3. The Grantor must remove the original 25' Right of Way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement." 2) Revise Clause 1 of the Covenants and Restrictions to the following: "The owner of lot 1 as shown on the subdivision map to be filed with the Suffolk County Clerk shall have an easement, detailed in a separate Common Driveway Easement, for ingress and egress as well as for utilities over that area on the Western property line designated as "25' Right of Way with 16' Stone Blend Driveway"the description of which is annexed hereto as Schedule B. In the alternative, the"25' Right of Way" may be relocated to the eastern property line only if the owner(s) of Lots 1 and 2 obtain the following: 1. A 25 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision(designated as"now or formerly Patricia D.Garvey"on the final 1/9/2014 R Page 2 of 2 subdivision map);and 2. An amended subdivision approval that abandons the access along the western property line,and creates a new access along the eastern property line of the same dimensions as the original access Upon approval of an amended subdivision map with a relocated right of way as described above, the owners of Lots 1 and 2 shall have an easement over the relocated 25' Right of Way,and detailed in a separate Common Driveway Easement,for ingress and egress as well as for utilities." 3) The common driveway easement language must stay the same as the template approved by the Planning Board. The above stated language added to the Open Space Conservation Easement, Covenants and Restrictions, and note on the Final Plat, will allow the applicant in the future to request from the Planning Board that access be moved from the western to the eastern property line 4) Add the following note to the Final Plat: "Applicant may submit an amended subdivision application to provide for alternative access to the property over the land shown as "now or formerly Patricia D. Garvey" if the Applicant, its successors or assigns obtains a 25 foot easement for the purpose of ingress and egress of said properly." 5) Remove the earth road from the Final Plat. 1/9/2014 Uf MT, I CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL- (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 January 8, 2014 E-mail. charles.cuddy@verizon.net , SabatinoTown Planner Ms. Alyxandra Southold Town Planning Departmentl;lhd`ns PO Box 1179JAN ® 9 2014 Southold,New York 11971 _f r_ sou;nufu FUvvti �'larrsag Board RE: Aries Estates subdivision Dear Ms. Sabatino: In accordance with your November 8, 2013, letter and our several discussions and meetings, we have revised the following: 1. Open Space Conservation Easement 2. Common Driveway Agreement 3. Grant of Access Easement 4. Declaration of Covenants and Restrictions Please confirm that they meet with the Board's approval so we may finally bring this matter to a conclusion. Very truly yours, Charles R. Cuddy CRC/ik Enclosure r OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2014 at Southold,New York. The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor") and the Town of Southold, a municipal corporation,having a principal office at 53095 Main Road, PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real properly located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates,LLC prepared by Howard Young, Land Surveyor, last dated , which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over acres portion of the subject property described in Schedule A, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the" Open Space Area No. 1" and"Open Space Area No. 2"and hereinafter referred to as the "Easement Area;"and Whereas, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an Open -1- Space Conservation easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Area, more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A, and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises, undertakings, and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights,terms, and conditions recited herein. Reference to this "Easement"or its "provisions" shall include any and all of those covenants, restrictions, rights,terms and conditions. -2- 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents,tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval,hereby grants, releases, and conveys to Grantee this Easement, in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Grading and Removal of Materials,Mining The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dump" 'n dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants,b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation,• Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. , 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. -4- 1 _ 3.10 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding_ or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.11 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation,mow, maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. The well located on lot 2 is a permitted use pursuant to §240-44 of the Southold Town Code. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas(except if any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. -5- ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Partv Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty(30) days to Grantor, unless Grantee determines that immediate entry is required to prevent, terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii)hereof, nor to permit access upon the Easement Area by the public. -6- 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement;provided, however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of -7- waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument,provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written.Notices shall be delivered by hand or express, certified or registered mail,return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may -8- designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein,marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, -9- 1 and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this Easement has been duly authorized by its members and Grantee warrants that acceptance of this Conservation Easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates, LLC By: Shawn Tully, Member/Grantor Town of Southold (Grantee) By: Supervisor STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2014, before me, the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -10- STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2014, before me,the undersigned,personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -11- DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of ,2014,by Aries Estates,LLC a New York Limited Liability Company with office located at 535 West 23rd Street, New York, NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold, County of Suffolk, State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application; and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the Standard Subdivision Map of Shawn Tully dated (hereinafter"Subdivision Map") ,which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors, and Page 1 of 4 assigns,to wit: 1. The owner of lot 2 as shown an the Subdivision Map to be filed with the Suffolk County Clerk shall have an easement for utilities under that area designated as the southerly part of lot 1 driveway,the description of which is annexed hereto as Schedule B. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the common driveway access to and from Stars Road over a 50 ft. right of way on the premises known as SCTM#1000-22-3-1 to the subdivision property line. Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. 3. The driveway construction on lots 1 and 2 must meet all requirements of Chapter 236 Storm Water Management of the Southold Town Code to ensure that all storm water run-off is contained on the subject property. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the office of the Town Engineer. 4. The existing dirt driveway that runs through the open space must be abandoned after final subdivision approval is granted. A driveway is not a permitted use in the open space. 5. There shall be no further subdivision of any of the lots as shown on the approved and filed Subdivision Map, in perpetuity. 6. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 7. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 8. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the Subdivision Map. 9. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 10. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination Page 2 of 4 System(SPDES)Program. 11. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII,Farmland Bill of Rights, of the Southold Town Code. 12. All utilities must be located underground. 13. Pervious driveways and the access right of way designated on the Subdivision Map as"15 ft. right of way with stone blend driveway" shall be used to serve each of the lots on the approved Subdivision Map. 14. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 15. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 16. Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the Subdivision Map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth "In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the"wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause,phrase or provision of these covenants Page 3 of 4 and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated,revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully,Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2014, before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 GRANT OF ACCESS EASEMENT THIS GRANT OF EASEMENT is made on of , 2014, by and between Shawn Tully residing at 535 West 23`a Street,New York,NY 10011 (hereinafter referred as "Grantor") and Aries Estates, LLC, a New York limited liability company with an office at 535 West 23`d Street,New York,NY 10011 (hereinafter referred to as "Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion,New York,which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The Easement is located at the southerly end of the Grantor's parcel and the Easement is more particularly described in Schedule C (hereinafter referred to as the"Easement"). This Easement shall run in favor of the future owners of the Lots land 2 on the Subdivision Map of Aries Estates, LLC as prepared by Howard Young, Land Surveyor, last dated 2. With regard to the use of the Easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the Easement described in Schedule "C"for the purpose of ingress and'egress. (B) The terms "lot owner" or lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word"maintenance"as used in this Easement, shall be deemed to mean all costs and expenses in connection with said Easement, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the Easement described on Schedule "C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the Easement and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the Easement shall be jointly made by the lot owners to such Easement. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the Easement. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five(5) days of the certified mailing. (G) Both lot owners agree that the Easement shall always be maintained in good repair employing the same design, type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share'shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 T J, (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) This Easement may not be revoked,rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS HEREOF, Grantor has executed this Easement the day and year first above written. Shawn Tully, Grantor Aries Estates, LLC, Grantee By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2014, before me,the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 4 STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2014, before me,the undersigned,personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 COMMON DRIVEWAY AGREEMENT THIS INDENTURE,made as of this day of , 2014,by Aries Estates, LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the"Declarant"). t WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2014,to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto; WHEREAS,Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,New York; NOW, THEREFORE,be it declared as follows: 1. Lots I and 2 shall have common driveway access to and from Stars Road and over a 50 foot right of way on the premises known as SCTM#1000-22-3-1 extending from the southerly property line to Stars Road. These lots shall share access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule`B" annexed hereto and made a part hereof. 2. The common driveway shall permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule`B"for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Agreement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. -1- (C) Each lot owner affected by this Agreement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Agreement. (D) The word"maintenance" as used in this Agreement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule`B"annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request, sent via certified mail return receipt requested, to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner,the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real -2- property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense, their respective common driveway, as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Agreement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Agreement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Agreement the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member -3- r' t STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2014, before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- ?(0 I Sabatino, AI xandra K. Ag From: Charles Cuddy <Cha rles.Cuddy@Verizon.Net> E C E ( V E Sent: Monday,January 06, 201410:35 AM ED �. �1 1J To: Sabatino,Alyxandra K. L Subject: Aries Estates subdivision JAN _ 6 2014 ,ol,,thuld To:m Planning Board Aly: Thank you for your letter of December 30, 2013. Your proposal may solve the problem. I have forwarded it to my client. My request to revisit this matter was based upon the very significant sum to install underground utilities and remove the existing utility poles-all of which must be borne by the applicant. Charles R. Cuddy 4" Proiect Status Report for Standard Subdivisions Proposil is for a standard subdivision of an 11.4418-acre parcel.into two lots,where Lot 1 equals 3.7362 acres,including 1.4354 acres'-6f-open space, and Lof 2 equals 7.6786 acres,including 5.0872 acres of open { space,i the R-80 Zoning District. The property is located at the westerly terminus of a private right-of-way which extends north from y Kayleigh'c,Court in$'V st Mar ZZ PA Sketch Application Dates Pre-Submission Conference SEQRA Determination Sketch Application Received 31 OL SC Planning Commission Referral c� \1 )�L) l�&6 0 cA Application Fees Paid ��®D A d 27 Planning Commission Comment "11 L ERSAP Submitted Fire Department Referral Yield Plan Submitted Fire Department Comments /—0 --o-7 Concept Design Determined Engin er Conference Fire Department Comments Ill I O:' Sketch Plan Submission S-� I– SEQRA Coordination Conditional Sketch Approval l Landscape Plan Sketch Approval r ' ] - Soil Conservation Plan V N Preliminary Plat Application Dates(6 months after Sketch Plan Approval) ] [y • Preliminary Application Received 'D I ���� pis cAmm5S],,,, Application Fees Paid 4� m, Referral of Legal Documents to Town Attorney Referralof Road and Drainage Plans A I�1 I�I Comments from Legal Department Received Engineer Conference FEIS Submission 1� Comments from Town Engineer Preliminary Hearing Set Draft Performance Estimate Preliminary Hearing Held Draft Covenants and Restrictions Prelimina Hearing Closed Draft Homeowner's Association A reement Conditional Preliminary Approval Draft Road Maintenance Agreement Preliminary Approval Scoping Session Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received> L�� Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Wars 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 l �. Final Homeowner's Agreement Conditional Final Approval Final Road Maintenance Agreement Final Approval 'y A Park and Playground Fee Paid Map Endorsed by Chair Conservation Agreement LWRP Consistency Review t Final Map Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: a c � Sou.--jid Planning Department StaU,' Report Subdivision Application Work Session Review Date April 4, 2016 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from" Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Final Plat Approval IV: Action to review • Discuss items left to be submitted for a Final Plat Determination. V: Analysis Items required to be submitted as per Conditional Final Approval: • The final copies of the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement have been previously approved by the Planning Board. However, all Schedules as described in the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement must be submitted for review. o Submitted as requested • Place the existing electric utility line underground, and remove the existing utility poles. o After a site visit on 3/31/16, all electric utility lines have been placed underground. i Soul, . . Ad Planning Department Staff Report • Amend the Final Plat to reflect the removal of the existing utility poles. o Submitted as requested • Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. o Submitted as requested. • Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. o After a site visit on 3/11/16, the monuments showing the existing lot are in place however, monuments showing the new division have not been installed. The submitted security payment includes money for new monuments for the subdivided lots. • File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. o Submitted as requested. VI: Staff Recommendations 1. All requirements of Final Plat pursuant to §240-21 Technical Requirements have been met recommend issuing Final Approval at the April 4, 2016 public meeting. 2 SOU old Planning Department St eport Subdivision Application Work Session Review Date March 7, 2016 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Final Plat Approval IV: Action to review • Discuss Security Payment Reduction • Discuss items left to be submitted for a Final Plat Determination. V: Analysis Security Payment Reduction: • On January 4, 2016 the agent submitted a request to reduce the security payment (previously accepted by the Planning Board and Town Board) as the required fire"well has been installed (shown on Aries Estates Final Map dated October 20, 2015). • On January 15, 2016 a referral was sent to the East Marion Fire Department requesting their review and approval of the fire well. • On February 9, 2016 the Fire Department responded stating that they approved the installation of the fire well. • On February 12, 2016, the Office of the Town Engineer reviewed the Fire Department's response and agreed to the reduction of the security payment from $34,520.00 to $19,520.00. A reduction of$15,000.00, the amount of the fire well. Planning Department StIlke ort Soui�iold g p p Items required to be submitted as per Conditional Final Approval: • The final copies of the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement have been previously approved by the Planning Board. However, all Schedules as described in the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement must be submitted for review. o Submitted as requested • Place the existing electric utility line underground, and remove the existing utility poles. o Submitted as requested • Amend the Final Plat to reflect the removal of the existing utility poles. o Submitted as requested • Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. o Submitted as requested. • Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. o Submitted as requested. • File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office,of the Suffolk County Clerk. o Not Submitted. VI: Staff Recommendations 1. Accept the Fire Department referral response approving the installation of the fire well. 2. Recommend approving the reduction in bond at the March 8, 2016 Public Meeting. 3. As per Conditional Final Approval the following must be submitted before a Final Plat Determination can be granted: 2 Sou old Planning Department artment Steport a. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. 3 Southold Planning Department StaTTAeport Subdivision Application Work Session Review Date October 5, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard -Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Final Plat Approval IV: Action to review • Discuss expiration of Conditional Final Approval • Discuss items that must be submitted. V: Analysis Conditional Final Approval Analysis: On July 7, 2015 the Planning Board agreed to a final extension of Conditional Final Approval from June 8, 2015 to September 6, 2015. This extension has expired. As per the resolution passed on July 7, 2015 by the Planning Board, the applicant must submit a new Final Plat application and fee in the amount of$500.00 as the Board will not issue an additional extension. Timeline of extensions of Conditional Final Approval: • March 10, 2014 the Planning Board issued Conditional Final Approval • September 10, 2014 the extension expired and the applicant requested a 90 day extension South6ld Planning Department Statr'Report • The Planning Board issued a 90-day extension of Conditional Final Approval until December 10, 2014. • On December 1, 2014 the agent submitted a request for a 90 day extension to allow more time to obtain the Performance Bond. • The Planning Board granted an extension of Conditional Final Approval until March 10, 2015. This extension is the last extension of Conditional Final Approval allowed by Town Code section 240-25 C. • On April 6, 2015 the Planning Board allowed the applicant a 90 day extension of Conditional Final Approval pursuant to section 240-56 Waivers of Certain Provisions. • On June 1, 2015 the agent submitted a request for extension due to needing additional time to revise the final plat. The Planning Board agreed to an extension of 90 days. • On September 6, 2015, Conditional Final Approval expired. Items required to be submitted as sent to the agent on August 11, 2015 and as per Conditional Final Approval: • The final copies of the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement have been previously approved by the Planning Board. However, all Schedules as described in the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement must be submitted for review. o Not Submitted • Place the existing electric utility line underground, and remove the existing utility poles. o The Existing Utility Poles have been removed however, as documented by the latest site visit, the electric utility lines have not been placed underground. • Amend the Final Plat to reflect the removal of the existing utility poles. o Not Submitted. • Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. o Not Submitted. • Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. o Not Submitted. 2 Southold Planning Department Starr Report • File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. o Not Submitted. VI: Staff Recommendations 1. The last extension of Conditional Final Approval has expired on September 6, 2015. In order for the Planning Board to continue to process the application, a new Final Plat application and corresponding fee of$500.00 must be submitted. 1. As per Conditional Final Approval the following must be submitted: a. Place the existing electric utility line underground. b. Amend the Final Plat to reflect the removal of the existing utility poles. c. Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. d. Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. e. Submission of all Schedules as described in the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement. f. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. 3 Southold Planning Department Stari'Report Subdivision Application Work Session Review Date August 3, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 ll. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Final Plat Approval IV: Action to review • Discuss proposed change to amount of required open space • Discuss items that must be submitted. V: Analysis • In a Clustered Standard Subdivision the amount of open space required is a minimum of 60% pursuant to §240-42 H 1, Authority and Purpose, of the Southold Town Code. The applicant's original submission proposed 61.9% open space, which is over the minimum required by Town Code. The Planning Board at their May 18th work session allowed the applicant to increase the proposed building envelopes from 35,000 sq. ft. to 38,000 sq. ft. This increase in the size of the building envelope required the proposed open space to be reduced to accommodate the larger building envelopes. The newly proposed amount of open space is 60%, the minimum require by Town Code. Southold Planning Department Stan Report • All requirement of the Open Space Conservation Easement have been met. Please see attached Open Space Easement for review and approval. Once this easement is approved by the Planning Board. The Town Board must approve the easement formally by resolution. • The final copies of the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement have been previously approved by the Planning Board. However, all Schedules as described in the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement must be submitted for review. • The following are conditions of Final Approval that the Planning Board placed on this application that have not been provided to the Board: o Place the existing electric utility line underground, and remove the existing utility poles. o Amend the Final Plat to reflect the removal of the existing utility poles. o Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. o Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. o File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. VI: Staff Recommendations 1. Accept the applicant's request to reduce the open space from 61.9% to 60%. 2. As per Conditional Final Approval the following must be submitted: a. Place the existing electric utility line underground, and remove the existing utility poles. b. Amend the Final Plat to reflect the removal of the existing utility poles. c. Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. 2 Southold Planning Department Staff Report d. Install all concrete survey monuments as shown on the Road & Drainage Plan dated September 29, 2010 and last revised October 1, 2013. e. Submission of all Schedules as described in the Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement. f. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. 3 Soutnold Planning Department Staff Report Subdivision Application Work Session Review Date June 15, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 'll. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Final Plat Approval IV: Action to review Discuss applicant's request for a 60 day extension of Conditional Final Approval. V: Analysis On May 18th, at their work session the Planning Board reviewed the applicants request to increase the size of the building envelope. After review and discussion, the Planning Board agreed to allow the building envelopes for proposed lots 1 and 2 to increase to 38,000 sq. ft. On June 1St, the agent submitted a request for a 60 day extension of Conditional Final Approval to revise the final map. The following are conditions of Final Approval that the Planning Board placed on this application: 1. Place the existing electric utility line underground, and remove the existing utility poles. • Not received Southold Planning Department Staff Report 2. Amend the Final Plat to reflect the removal of the existing utility poles. • Not received 3. Add the following note to the Final Plat: "The applicant shall have the right to relocate access to this subdivision from the western property line to the eastern line over land now or formerly of Patricia D. Garvey if the following conditions are met: 1. The applicant, its successors or assigns, must obtain a minimum of an additional 5 foot easement to be added to the existing 10 foot easement, to �be able to create a 15 foot wide right-of-way for the purpose of ingress and egress to the subdivision; and 2. The Grantor must obtain an amended subdivision approval from the Southold Town Planning Board that reflects the new 15' right-of-way for the purpose of ingress and egress to the subdivision." • Not received 4. Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. • Not received 5. Install all concrete survey monuments as shown on the Road & Drainage Plan dated 'September 29, 2010 and last revised October 1, 2013. • Not received 6. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office of the Suffolk County Clerk. • Not received 7. Submit a Performance Bond, pursuant to §240-32 Performance Bond, in the amount of the draft Bond Estimate as approved by the Planning Board. This Performance Bond must be approved by Town Board resolution. . Received and approved by the Town Board. VI: Staff Recommendations 1. Consider the applicant's request for a 60 day extension of Conditional Final Approval. 2 Sou...jld Planning Department Stair Report Subdivision Application Work Session Review Date May 18, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Final Plat Approval IV: Action to review Discuss applicant's request for a larger building envelope. V: Analysis • Original building envelope proposal: Lot 1 clearing area: 60,548 sq. ft. (buildable area) x 0.35 (required clearing area pursuant to §240-49 C) = 21,198 sq. ft. building envelope Lot 2 clearing area: 70,131 sq. ft. (buildable area) x 0.35 (required clearing area pursuant to §240-49 C) = 24,590 sq. ft. building envelope • The Planning Board at their April 6, 2015 work session reviewed the applicant's request to allow accessory structures outside of the clearing area (building envelope). The Board reviewed the applicant's requested and requested that the applicant revise the Final Plat to reflect an increase in building envelopes on proposed Lots 1 & 2 to 35,000 sq. ft. each. Soi� , _- )Id Planning Department Star' Report • On April 27, 2015 the applicant submitted a revised subdivision map that showed building envelopes for Lots 1 & 2 at 40,000 sq. ft. each (instead of 35,000 sq. ft. that the Board required) and reduced the amount of open space from 61.9% to 60%. The applicant has asked that the Board consider this request. • On May 7, 2015, the agent met with Planning Staff to discuss the proposed 40,000 sq. ft. building envelope. The agent discussed clearing code section 240- 49 (C). In this code section, the code doesn't make a distinction regarding how much of the lot is counted towards-the permissible limits of clearing (buildable lands, open space and such). The calculation that the agent is proposing is, the entire lot area (Lot 1= 5.72 acres and Lot 2= 5.72 acres) and the clearing percentage correlated to a lot area of 5 acres. The area allowed to be cleared for a 5 acres lot is 15%. The calculation is as follows: Lot 1: 249,163 sq. ft. (entire lot area) x 0.15 (allowable percentage of the site permitted to be cleared) = 37,374 sq. ft. allowed to be cleared (building envelope) Lot 2: 249,163 sq. ft. (entire lot area) x 0.15 (allowable percentage of the site permitted to be cleared) = 37,374 sq. ft. allowed to be cleared (building envelope) The applicant is proposing a building envelope of 40,000 sq. ft. VI: Staff Recommendations 1. Discuss whether to increase the building envelope, with the only supportable option being the 15% from Town Code referenced above.(37,374 sq.ft. for Lot land 37,374 sq.ft. for Lot 2) 2 South,,."d Planning Department Stan deport Subdivision Application Work Session Review Date April 6, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Final Plat Approval IV: Action to review Applicant's request to revise the Covenants and Restrictions (C&Rs). V: Analysis • Current C&R language: Clause 8: "Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the Subdivision Map." • Requested revision to Clause 8: "Land clearing restrictions shall not apply to construction of agricultural structures such as barns or the construction of accessory residential structures such as a tennis court or a swimming pool together with appropriate landscaping in the south of the designated clearing area and north of the Open Space Conservation Easement; there areas as shown on the Subdivision Map with the designation of Lot 1 and 2." f Souti►Rpid Planning Department Starr'Report • The revision would allow accessory residential structures outside the building envelope, which is not something that the Planning Board normally would allow. • Building envelope for proposed Lot 1: 21,198 sq. ft. Building envelope for proposed Lot 2: 24,590 sq. ft. VI: Staff Recommendations 1. It is recommended to deny the change to the C&R's. Instead, the applicant's goal can be accomplished by increasing the building envelope rather than allowing building outside of it. Allowing buildings outside the building envelope will set a precedent. Increasing the building envelopes in this case is warranted given the small size of the proposed building envelopes relative to the size of the lots, and the significant reduction in the yield from five lots to two. 2. It is recommended to enlarge the building envelopes on proposed Lots 1 & 2 to 30,000 sq. ft. each. 3. For consistency with past and future subdivisions and Town Code, relabel the terminology on the Final Plat from "clearing area" to "building envelope". 4. The agent must review all legal document descriptions to ensure the new enlarged building envelopes are reflected. 5. To allow the applicant adequate time to make all changes requested, allow a 90 day extension from the date of Conditional Final Plat expiration. If the Board agrees, Conditional Final Approval will be extending by formal resolution until June 8, 2015. 2 MAILING ADDRESS: PLANNING BOARD MEMBERS soUryO South Box 1179 11971 DONALD J.WILCENSKI �� lQ Chair OFFICE LOCATION: WILLIAM J.CREMERScs, Town Hall Annex PIERCE RAFFERTY ® �� 54375 State Route 25 JAMES H.RICH III ®�� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR IOUNSouthold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: October 28, 2015 Re: Deferred Revenue The Subdivision Final Plat application referenced below has been accepted by the Planning Board and the funds may now be processed to the Planning Applications revenue account B2116.10. Thank you. Project Name & Type Tax Map # Amount Check Date & - Number Aries Standard Subdivision 22-3-2 $500.00 10/7/15-#3121 Final Plat Application Fee Shawn Tull JM • MAILING ADDRESS: PLANNING BOARD MEMBERS �F SOU P.O.Box 1179 DONALD J.WILCENSHI �o�� �/yOIO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTYG Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �� coUNT`I,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 30, 2013 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: In response to your letter received by the Planning Department on December 2, 2013, regarding the application referenced above, the Planning Board had already required at their November 4, 2013 Work Session that the existing utility poles obstructing the proposed access road to Lot 1 must be replaced with underground electric service prior to receiving Final Plat Approval. This requirement remains in effect. To alleviate the applicant's concern regarding this requirement being made prior to the final determination, the Planning Board could make a final determination on the application with conditions, one of which would be to remove the utility poles. Although this would still require the applicant to remove the poles prior to the Final Plat being filed, the application will have already been approved by the Planning Board pending those conditions being fulfilled. If you have any questions, please do not hesitate to contact this office. Very truly yours, J�� �;Dpccc� Alyxandra Sabatino Planner _ bf �~ °�ggFFO(qcoG 17 z_ PETER W. HARRIS H = Tel.(631) 765-3140 Superintendent o (631) 734-5211 Fax(631) 765-1750 Highway Department Town of Southold 275 Peconic Lane - P.O. Box 178 - Peconic, N.Y. 11958-0178 MEMORANDUM TO: Alyxandra Sabat-ino, Planner Southold Town FROM: Peter W. Harris, Superintendent OW Southold Town Highway Department r DATE: December 6, 2013 RE: ARIES ESTATES, EAST MARION PROPOSED STANDARD SUBDIVISION / BOND ESTIMATE I, Peter W. Harris, have reviewed the Aries Estates Bond Estimate as prepared by James Richter and concur with this Bond Estimate total PWH. es DEC - 62013 Southold fowa Planning E31)ard Sabatino. Alyxandra K. From: Sabatino,Alyxandra K. Sent: Wednesday, December 04, 2013 12:23 PM To: Richter,Jamie Subject: Aries Estates SWPPP Attachments: Aries Estates SWPPP letter.pdf Jamie, Attached is a letter sent from Douglas Adams,the consulting engineer at Young&Young,who has prepared a letter with reference to the DEC SWPPP requirements. Please let me know if this letter is acceptable. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino@town.southold.nv.us 1 1+ - CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 November 26, 2013 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department E � C PO Box 1179 l� I�� .1,.., �ti Ild ooui'riolu,New York i iy7i DEC - 22013 "%+ RE: Aries Estates subdivision-SWPPP sou Plan,in,; Dear Ms. Sabatino: Douglas Adams, the consulting engineer at Young& Young has prepared a letter with reference to the SWPPP requirement of the NYS DEC, concluding that it is not necessary to prepare a S WPPP. Based upon Jamie Richter's letter and a letter from Douglas Adams, I believe, it is appropriate to determine that it is not necessary to prepare a S WPPP for the Aries Estates subdivision, Very truly yours, CRC/ik Charles R. Cuddy Enclosure -u l As, e CONSULTI G SEN 11NEER t November 22, 2013 Southold Town Panning Board 54375 Main Road Southold,New York 11971 Re: Aries Estates—Minor Subdivision SCTM: 1000-22-3 - 1 Dear Board Members, Pursuant to the request of Mr. Charles Cuddy,kindly consider my comments regarding the SWPPP permit requirements for the above referenced project: Pursuant to the NYSDEC SWPPP GP-0-10-001 General Permit requirements, land disturbances of one(1) acre, or more,triggers the full development of a SWPPP. According to the Subdivision Map for Aries Estates -Final Road&Drainage Plan, only approximately 5,000 sf. is proposed to be disturbed, yielding to construction as a result of this specific process. This application is for the creation of a subdivision for the purpose of being filed in the County Clerk's Office and officially becoming 2 separate lots on paper. A"Clearing Area"is shown on the plan which is often confused with being proposed to be cleared as a part of construction activity necessary to create the subdivision. This is simply an area delineated for the purpose of creating restrictions to the lot,much like setbacks and clearing percentages are often shown. It does not allow the construction of a home or any other improvements to the property other than what is shown as proposed on the Final Road& Drainage Plan. In review, it is my opinion that you do not need to prepare a SWPPP. Regarding the request for a letter stating that this project does not require a SWPPP from the NYSDEC;in my experience; I know of no case or situation where the NYSDEC provided a letter to that affect. They already state the threshold described above in the permit requirements. info@da-ce.com J.adams,Pe,P11c 631.77`1'•3521 Po box 14,setaUket,NY 1 1733 Please feel free to contact me if you have any questions or need further clarification, Sine Douglas Adams, PE /dea cc: Mr. Charles Cuddy, Esq. info@da-ce.com J.adams,Pe,Pllc 631.77`1.3521 Po box 14,setauket,NY 1 1733 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 26, 2013 Ms. Alyxandra Sabatino, Town Planner Southold Town PlanningDe 7- 11 PO Box 1179 Department D � � � Southold,iv ew York 1 i 97 i +,u DEC - 22013 RE: Aries Estates subdivision-SWPPP souri+,]d Dear Ms. Sabatino: Douglas Adams,the consulting engineer at Young&Young has prepared a letter with reference to the SWPPP requirement of the NYS DEC, concluding that it is not necessary to prepare a SWPPP. Based upon Jamie Richter's letter and a letter from Douglas Adams, I believe, it is appropriate to determine that it is not necessary to prepare a SWPPP for the Aries Estates subdivision, Very truly yours, Charles R. Cuddy CRC;ik Enclosure htR�'F� j e� P CONSUJLTIN' G EUV INEER J� �1 9 1 i November 22, 2013 Southold Town Panning Board 54375 Main Road Southold,New York 11971 Re: Aries Estates—Minor Subdivision SCTM: 1000 -22 -3 - 1 Dear Board Members, Pursuant to the request of Mr. Charles Cuddy,kindly consider my comments regarding the SWPPP permit requirements for the above referenced project: Pursuant to the NYSDEC SWPPP GP-0-10-001 General Permit requirements, land disturbances of one(1) acre, or more, triggers the full development of a SWPPP. According to the Subdivision Map for Aries Estates - Final Road & Drainage Plan, only approximately 5,000 sf. is proposed to be disturbed, yielding to construction as a result of this specific process. This application is for the creation of a subdivision for the purpose of being filed in the County Clerk's Office and officially becoming 2 separate lots on paper. A"Clearing Area"is shown on the plan which is often confused with being proposed to be cleared as a part of construction activity necessary to create the subdivision. This is simply an area delineated for the purpose of creating restrictions to the lot,much like setbacks and clearing percentages are often shown. It does not allow the construction of a home or any other improvements to the property other than what is shown as proposed on the Final Road & Drainage Plan. In review, it is my opinion that you do not need to prepare a SWPPP. Regarding the request for a letter stating that this project does not require a SWPPP from the NYSDEC; in my experience, I know of no case or situation where the NYSDEC provided a letter to that affect. They already state the threshold described above in the permit requirements. info@da-ce.com J.adams,Pe,plic 631-77+.5521 po box 14,setauLct, NY 11735 � ~ V Please feel free to contact me if you have any questions or need further clarification, Eerel Douglas Adams, PE /dea cc: Mr. Charles Cuddy, Esq. info@da-ce.com J.adams,Pe,PIIc 631 774.3521 Po box 14,setaAet, NY 1 1733 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 November 25, 2013 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department Lr Pig Box 1'179 11;Southold,New York 11971 DEE - 22013 RE: Aries Estates subdivision Soy` Planning B,)ad,, rr Dear Ms. Sabatino: With reference to the letter of November 8, 2013, and item#5 on page 2, the applicant has agreed ,to remove the utility poles on the easterly side of the property except for the final pole which connects the adjoining property on the east. However,this is a significant burden to remove the poles and install nearly 1000' ft. of the underground service before final determination on this subdivision. I respectfully request that we include a note on the final map indicating that no building permit may be obtained for lot#1 unless and until the utility poles are removed except for the last pole servicing the property to the east. We would also include this provision in the Declaration of Covenants and Restrictions. Very truly yours, 6", 4, 11� Charles R. Cuddy CRC/ik Enclosure MAILING ADDRESS: PLANNING BOARD MEMBERS w` P.O.Box 1179 DONALD J. KIo���F S�U�yOI Southold,NY 11971 h air OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III �O �� (cor.Main Rd.&Youngs Ave.) MARTIN H.SIDORI�Con Southold,NY Telephone:631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 5, 2013 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Draft Bond Estimate Approval: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, November 4, 2013: WHEREAS, this proposal is for a standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on October 11, 2013, the Office of the Town Engineer submitted a Draft Bond Estimate for Aries Estates/Shawn Tully in the amount of$34,520.00; therefore be it RESOLVED, that the Southold Town Planning Board hereby accepts the Draft Bond Estimate for Aries Estates/Shawn Tully in the amount of$34,520.00 and recommends the same to the Southold Town Board. If you have any questions regarding the above, please contact this office. Very truly your, _ 1 Donald J. Wilcenski Chairman Encl. cc: Elizabeth A. Neville, Town Clerk iV SCOTT A. RUSSELL r a' JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. SUPERVISOR } TOWN HALL - 53095 MAIN ROAD :a� TOWN OF SOUTHOLD,NEW YORK 11971 i `"' Tel. (631)-765-1560 Fax. (631)-765-9015�y �,«' z"� •. ' Irl\fll_[Z1C1-I OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE ARIES ESTATES STANDARD SUBDIVISION East Marion,TOWN OF SOUTHOLD SCTM#1000-22-03-02 DATE October 11,2013 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.34 ACRE CLEARING&GRUBBING $ 2,500.00 $ 850.00 2. JOB STABALIZED CONSTRUCTION ENTRANCE 1,500.00 1,500.00 3. 1,450 S.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 2,900.00 4. 1,450 S.Y. FINE GRADING 1.50 2,175.00 DRAINAGE 5. 1 EACH LEACHING CATCH BASINS(10' Diameter) With Cast Iron Grate&Frame 2,000.00 2,000.00 SURFACING 6. 590 S.Y. COMPACTED SOIL SUB-BASE(6") 1.50 885.00 7. 90 TON RCA BASE(4"Thick) 15.00 1,350.00 8. 45 TON 3/o"STONE BLEND WEARING COURSE(2"Thick) 50.00 2,250.00 9. JOB ASPHALT CURB CUT(Within Town R.O.W.) Saw Cut Existing Road Pavement and Provide New New Pavement Section.Must Meet Highway Specifications. - 1,500.00 10. 8 EACH CONCRETE SURVEY MONUMENTS 100.00 800.00 11. 330 S.Y. TOPSOIL&SEED 2.00 660.00 12. 660 L.F. HAY BALE SILT BARRIERS 2.50 1,650.00 13. 1 EACH FIRE WELL 15,000.00 15,000.00 14. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 1,000.00 BOND TOTAL $ 34,520.00 240-37 ADMINISTRATION FEE (2 Lots @$2,000/Lot) $ 4,000.00 MAILING ADDRESS: PLANNING BOARD MEMBERS �,rjF SOP.O.Box 1179 DONALD ChaCENSKI o� U�yOI Southold,NY 11971 air OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyOwn Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2013 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board discussed the above-referenced application at their November 4, 2013 Work Session and has found the following: 1. Revise the Draft Open Space Conservation Easement as follows: a. (3.09 Utilities) Currently, the existing utility poles are located in the easterly driveway reserve area (located on proposed Lot 1) not in the Open Space Easement Area. Remove all references to utilities poles. b. The well located on Lot 2 must be added to the Open Space Conservation Easement as a permitted use pursuant to §240-44 (as discussed and approved at the 10/21/13 Work Session). c. Please see the attached easement for all other changes to capitalization and consistency between the map and Open Space Easement Xterminology. 2. Revise the Draft Grant of Access Easement as follows: `/a. Title change from "Grant of Easement" to "Grant of Access Easement". ,Ab. Please see the attached easement for all other changes to capitalization and consistency between the map and Access Easement terminology. 3. Revise the Draft Common Driveway Easement as follows: ,4a. Include as the 2"d whereas: " WHEREAS Declarant is required,q ed, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2013, to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto"; Aries Estat�es� Page Two November 8, 2013 ,/// 'A/6. Please see the attached easement for all other changes to capitalization and consistency between the map and Common Driveway Easement terminology. 4. Revise the Draft Covenants and Restrictions (C & Rs) to include the following: a. Required additions as discussed and approved at the 10/21/13 Work Session: i. Driveway construction on Lots 1 & 2 must meet all requirements of Chapter 236 Storm Water Management of the Southold Town Code to ensure that all storm water run-off is contained on the subject property. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the Office of the Town Engineer. ii. The existing driveway that runs through the open space must be abandoned after final subdivision approval is granted. A driveway is not a permitted use in the open space. b. Please see the attached C & Rs for all other changes to capitalization and consistency between the map and C & R terminology. 5. Please be advised that the Planning Board is requiring that before the Board can issue a final determination, the applicant must remove the existing utility poles located on the easterly side of the property. The final map must also be amended to reflect the removal of the existing utility poles. The next steps for the above-referenced project are as follows: 1. Submission of four mylar copies and twelve paper copies of the Final Plat stamped with the Health Department Approval pursuant to §240-20 of the Southold Town Code. 2. Submission of the Performance Bond. 3. Administration Fee in the amount of$4,000.00 pursuant to §240-37 of the Southold Town Code. 4. After the above-referenced revisions are made and approved by the Planning Board, the agent must file all legal documents with the Office of the Suffolk County Clerk. If you have any questions, please do not hesitate to contact this office. Very truly yours, �G0 -¢ Alyxandra Sabatino, Planner 1 MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O.Box 1179 DONALD J.WILCENSKI O�� ��l Southold,NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS � � Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III 0� Aad (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �Cou Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE Q D TOWN OF SOUTHOLD a � MEMORANDUM To: Peter Harris, Highway Superintendent From: Alyxandra Sabatino, Planner S Date: November 8, 2013 Re: Request for Review on Proposed Standard Subdivision for Aries Estates Located approximately 334.1' to the east of Stars Road in East Marion SCTM#: 1000-22-3-2 The Planning Board refers to you for your review the Aries Estates Bond Estimate. Please respond to this request by November 14, 2013. This proposal is for a standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. Encl.: Aries Estates Bond Estimate Final Map of Aries Estates WORK SESSION AGENDA- SOUTHOLD TOWN PLANNING BOARD Monday, November 4, 2013 2:30 p.m. SOUTHOLD TOWN ANNEX BOARD ROOM 2 ND FLOOR, CAPITAL ONE BANK BUILDING 2:30 p.m. Applications 3:45 p.m. Review Public Meeting Agenda j Project name: j Aries Estates/Tully _ _i SCTM#: ; 1000-22-3-2 j Location: 1 at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court_in East Marion Description: ; This proposal is for a standard subdivision of an 11.4-acre parcel into I two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in I the R-80 Zonin _ District. _ Status: Conditional Preliminary Approval Action: — _ ; Review legal documents. - - ----------- ------------------------- ----- - — -- --- Attachments: Staff Report + Project name:_ —_ I Cutchogue Business Center_ ! SCTM#: j_1000-83-3-4.6 Location: — r 12820 Oregon Road, Cutchogue —_ -— —I Description: j This proposal is a Standard Subdivision of a 6.10 acre parcel into five i ' lots where Lot 1 equals 1.29 acres, Lot 2 equals 0.92 acres, Lot 3 equals j 1.47 acres, Lot 4 equals 0.92 acres, and Lot 5 equals 1.06 acres, located _ in the LI Zoning District. j Status: Conditional Sketch Approval i j Action: —w Review PreliminaryPlat__ _Attachments: Staff Report (—Project name__ _ ; Fohrkolb, Andrew _— f_SCTM#_ 1000-107_3-2 — _Location: _ 1050 Gr_eton Court, Mattituck i Description: ; This proposal is for a Standard Subdivision of a 5.9 acre parcel into two lots where Lot 1 equals 1.5 acres and Lot 2 equals 4.4 acres, located in I j ! the R-40 Zoning District. ! -- —— — — ----- —--------------- ------------- -- -----— - ------ -- Status: ; Conditional Sketch Approval Action: _ ; Review revised maps & public hearing date. Attachments: ! Staff Report ! Project_name: ' Conkling Point Estates j SCTM#: 11000-53-4-44.1 & 44.3 Location: w/s/o Kerwin Boulevard, 575 +/- feet w/o August Lane, Greenport !, Description: This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 acres, excluding the area of wetlands. Status: Conditional PreliminaryApproval Action: _ _—! Review Open Space ownership. P -- -- - --- -- Attachments: " Staff Report AT, I SCOTT A. RUSSELL`° JAMES A. RICHTER, R.A. SUPERVISOR gglgap 2 MICHAEL M. COLLINS, P.E. :,. TOWN HALL - 53095 MAIN ROAD . ., TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765—1560 ^' Fax. (631)-765—9015 1,11('11A11_C01LIN-Sy [()WIA0111t-OLDN}_,OS � JAM11-RICH lT,R((i1'()Nl_N_'()(j'lI101,I)-NYIIS OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Charles R. Cuddy November 1, 2013 Attorney at Law 445 Griffing Avenue Riverhead, New York Re: Aries Estates SubdiNOV — 8 2013vision—SWPPP Requirements Dear Mr. Cuddy: v°"lt1Qj zUVJFI -� -- Plarlmngg Board Please consider this a response to your letter dated 10/31/13 concerning NYS DEC SPDES requirements for permits related to construction activities located within our jurisdiction which are greater than 1 acre in area. As you have already been made aware, the Town is a covered entity and it is regulated by the DEC under this SPDES program and we have oversight requirements in designated areas where construction activities meet the minimum DEC thresholds. With regard to the Aries Estates Subdivision,our program parameters show that this location is outside our regulatory boundaries for DEC SWPPP review. Therefore, we have no authority to determine if a SWPPP is or is not required. However, in an attempt to answer your question, I will state the following. Because the proposed cumulative soil disturbance resulting from all proposed construction activity appears to be greater than one(1)acre in area and because portions of the site may direct stormwater to Surface Waters of the State, we feel that we would have no option but to require a formal SWPPP Review if it were located within our jurisdiction. During one of our Planning Board Meetings,you had indicated that the DEC conveyed to you some type of communication that would suggest otherwise. If that is your position and you feel comfortable with that DEC determination, you may choose to proceed without a formal SWPPP. Please keep in mind that this determination is out of our authority. Also keep in mind that under the Subdivision Review Process, all work has been reviewed by the Town for compliance with Town Code Chapter 236 for Stormwater Management. If you have any questions regarding the above, please contact my office. Sincerely, James A. Richter, R.A. cc: Donald J.Wilcenski,Chairman-Planning Board IV MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 DONALD J.WILCENSKI O��OF SU(/T�pl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III Q (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORI�COU '` Southold,NY `► Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 2013 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board discussed the above-referenced application,at their October 21, 2013 Work Session and has found the following: 1. Please find the attached approved Draft Bond Estimate, dated October 8, 2013, from the Office of the Town Engineer. 2. The following additions to the Covenants & Restrictions and Open Space Conservation Easement are required as per the Office of the Town Engineer's comments. However, please do not make any revisions until all legal documents have been reviewed and approved by the Planning Board. a. Required additions to the Covenants and Restrictions: i. Driveway construction on Lots 1 & 2 must meet all requirements of Chapter 236 of the Southold Town Code. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the Office of the Town Engineer. ii. The existing driveway that runs through the open space must be abandoned after final subdivision approval is granted. b. Required additions to the Open Space Conservation Easement: i. The well located on Lot 2 must be added to the Open Space Conservation Easement as a permitted use pursuant to §240-44. r' Aries Estates Page Two October 25, 2013 Please be advised that additional changes may be required after the Planning Board's review of all legal documents. If you have any questions, please do not hesitate to contact this office. Very truly yours, 0&1 Alyxandra Sabatino Planner Encl: Draft Bond Estimate zSig F04�j SCOTT A. RUSSELL JAMES A. RICHTER,,R.A. . t US, r w.��1:, SUPERVISOR q :=Yg MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD ' TOWN OF SOU > ,;�.• �;.«s;- '° ''`" THOLD,NEW YORK 11971 Tel (631)-765-1560 6 (631)- ��•.:�� �� Fax. 765—9015 MICTIA11('Of LINS rn tOWN_SOU I[-!1)(t>,ul't!� ""h JAN111' RK1 I f CTt iiTCS\�:N ti[")t i'1"I ICI D NY I IS OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE ARIES ESTATES STANDARD SUBDIVISION East Marion,TOWN OF SOUTHOLD SCTM#1000-22-03-02 DATE October 23,2013 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.34 ACRE CLEARING&GRUBBING $ 2,500.00 $ 850.00 2. JOB STABALIZED CONSTRUCTION ENTRANCE 1,500.00 1,500.00 3. 1,450 S.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 2,900.00 4. 1,450 S.Y. FINE GRADING 1.50 2,175.00 DRAINAGE 5. 1 EACH LEACHING CATCH BASINS(10' Diameter) With Cast Iron Grate&Frame 2,000.00 2,000.00 SURFACING 6. 590 S.Y. COMPACTED SOIL SUB-BASE(6") 1.50 885.00 7. 90 TON RCA BASE(4"Thick) 15.00 1,350.00 8. 45 TON 3/4"STONE BLEND WEARING COURSE(2"Thick) 50.00 2,250.00 9. JOB ASPHALT CURB CUT(Within Town R.O.W.) Saw Cut Existing Road Pavement and Provide New New Pavement Section.Must Meet Highway Specifications. - 1,500.00 10. 8 EACH CONCRETE SURVEY MONUMENTS 100.00 800.00 ]1. 330 S.Y. TOPSOIL&SEED 2.00 660.00 12. 660 L.F. HAY BALE SILT BARRIERS 2.50 1,650.00 13. 1 EACH FIRE WELL 15,000.00 15,000.00 14. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 1,000.00 BOND TOTAL $ 34,520.00 240-37 ADMINISTRATION FEE (2 Lots @$2,000/Lot) $ 4,000.00 f PC (co)r COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs, AND EASEMENTS SENT TO THE TOWN.ATTORNEY'S OFFICE FOR APPROVAL Sent by: P1 ` S Geo ,'\Ci Date: 10 1-71(3 Na a/Department/Contact Number Availability to conference if necessary: Date signature needed: OGS Type: Contract Lease �Easement _'YC&Rs Other Renewal: Yes No If yes, expiration date of prior contract: Between Town and Term of contract Describe nature of contract or detail information relevant to review: CP cl-t?s Cbcr„Md eN Lam" A�e � Ya L"e, c�15F'r�jU'�`c4�1 tf�8ti�' Please attach any other relevant correspondence or documents by and between the Town and other party. RECEIVED Resolution Required: Draft attached To be drafted by TA Office OCA 7 2013 Town Attorney-s Office OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2013 at Southold,New York. The parties are Aries Estates, LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor") and the Town of Southold, a municipal corporation, having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates,LLC prepared by Howard Young, Land Surveyor, last dated , which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including-development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources.. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and No Whereas, as a condition of approval of this standard subdiv sion plat and to further the Town's goals of land preservation,the Southold Town Planning B and has required this Open Space Conservation Easement be placed over acres portio of the subject property described in Schedule A, attached hereto and made a part hereof, s own on the aforementioned Subdivision Map as the" Open Space.Conservade Are 'and hereinafter referred to as the"Easement Area;"and G nr l `��l�e S c t t a N(Ua 2" Whereas, as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an Open -1- Space Conservation easement in gross, which shall be binding upon and shall r trict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Are, more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A, and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 P=ose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic,'and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this"Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. -2- 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Grading and Removal of Materials, Mining The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Sims The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants, b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. F 3.09 Utilities`' t E 1 The creation or placement of overhead utility transmission lines, utility poles is prohibited. Utilities are to be installed underground. However,the pre-existing utility poles as shown on the te subdivision _Ip of Aries Estates, LLC as above referred to shall be replaced by underground -4- service,provided it does not interfere with service to the adjoining property to the east. 3.10 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.11 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.12 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 14.04 Permitted Uses andt c S ru tures Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses -5- such as non-paved walking trails and picnic areas. Fencing to protect cr s or to contain horses may be constructed with no prior approval from the Planning Board. Exe uded from these permitted uses are all other structures and uses not specifically identified s allowed in this Easement, including but not limited to any type of paved areas(exce t s an is pe ed or required for the ri htof way Ilennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting .anges, and other uses similar in character and potential impact as determined by the Plann' g B d. . s bpi ,Saon��d�PS �i13F ARTICLE FIVE bl o,4 GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS -6- 6.01 Enta and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty(30)days to Grantor, unless Grantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii)hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation-and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement;provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or -7- a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument,provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability -8- If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail,return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant,to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shal survive its -9- execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this eVsement has been duly authorized by its members and Grantee warrants that acceptance of thiscc nervation( asement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates, LLC By: Shawn Tully, Member/Grantor Town of Southold (Grantee) By: Supervisor STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned,personally -10- appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2013, before me,the undersigned,personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -11- �• � r � 'e1 N`} GRANT OFEASEMENT THIS GRANT OF EASEMENT is made on of , 2013, by and between Shawn Tully residing at 535 West 23`d Street,New York,NY 10011 (hereinafter referred as "Grantor") and Aries Estates, LLC, a New York limited liability company with an office at 535 West 23`d Street,New York,NY 10011 (hereinafter referred to as "Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion,New York, which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. �Qr�3�Fa1 ���evrt� �v �g %C "C6"SQ mem$7 1. Th4gs=nt is located at the souterly end of the Grantor's parcel and the easement is more particularly described in Schedule C. Thio-sement shall run in favor of the future owners of the Lots land 2 on the Subdivision Map of Aries Estates, LLC as prepared by Howard Young, Land Surveyor, last dated 2. With regard to the use of the e4ement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the (easement described in Schedule"C"for the purpose of ingress and egress. (B) The terms "lot owner"or lot owners,"as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot o er affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said@asement, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the,(ee Bement described on Schedule"C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the ec i e sement to whi h fh and the amount of money to be expended therefore, as provided in paragraph"F" hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the@asement shall be jointly made by the lot owners to such easement. Either lot owner shall send a written request, sent via certified mail return receipt requested, to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the easement. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) Both lot owners agree that theoasement shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of-maintenance expenses, in accordance with subparagraph(H) above. (J) This Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in and Schedule"A"herein. kin j KJ W 3-I W LS S REW C_0 Fok Gr-rv�rkas eon 1upw- k4 �q r re.12rP4 ntaty anr] th_. aceib � ' Tl�S 1 Shawn Tully, Grantor Aries Estates, LLC, Grantee By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 4 i STATE OF NEW YORK ) ss.. COUNTY OF ) On the, day of in the year 2013, before me,the undersigned; personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and, acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 r DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this—day of ,2013, by Aries Estates,/ es,LLC a New York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold,County of Suffolk,State ofNew.York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A. which real property is the subject of a pending subdivision application; and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within-Declaration-be recor Suffolk County Clerk's Office; and recorded'in the WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 end 2 within th Subdivision Map of Shawn Tully dated �ard C �l2ll Q IRQ (/� �bc�visi oY, which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as which shall run with the land and shall be binding upon all purchasers and holders of herein cited, said premises, Page 1 of 4 their heirs, executors, legal representatives, distributees, successors, and assigns,to wit: 1. The owner of lot 2 as shown an thus ibdivisionbap to be filed with the Suffolk County Clerk shall have an easement for utilities under that area designated as the southerly part of lot 1 driveway,the description of which is annexed hereto as Schedule B.. 2. The owners of lots 1 ar d 2 shall be qually responsible for maintaining the common -f 0 ct td r-o a Sc� - . r; o C VJN 0 n -{•ire pa pis e s 1�Io►or) a'. ccess e4serrtei+from Stars Road to the subdivision property line. Maintenance includes but is not S C7 M 0o. limited to repairing with fill, clearing and snow plowing. g •�' '®- ,' 3. There shall be no further subdivision of any of the lots as shown on the approved and fileds&bdivisionE?ap, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. %1""5. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 6. : Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the-Aftftdard Subdivision Map o 7. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. -"8. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System (SPDES) Program. -'9. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. s'10. All utilities must be located underground. Page 2 of 4 4 It (� �-. k© wr 1u I Shy){ i 1 y Pervious driveways and the access easene designated as." , hl��� ~ L{^C�y . �iVe a "shall be used to serve each of the lots on the approveAbdivision gap. ' 12. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 13. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 1 Vegetation within the 100`non-disturbance/non-fertilization buffer area as shown on Ie Owe the6ubdivision6p shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above, the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the"wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. ,,,,.These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated,revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Ahe aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other Page 3 of 4 remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.: COUNTY OF ) On the day of in the year 2013, before me, the undersigned, personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 J 1� AW , - i COMMON DRIVEWAY AGREEMENT% ._ r THIS INDENTURE, made as of this da f Y o , 2013, by Aries Estates, LLC,a New York limited liability company with office at 535 West 23rd Street,New York,NY 100 11 (hereinafter referred to as the"Declarant"). WITNESSETH: ''WHEREAS, Declarant is the owner of certain real property located in the Town of Southold County of Suffolk,and State of New York,more particularly bounded and described on Schedule "A"annexed hereto and made a part hereof; and /WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd. East Marion, NY� ���?rQvu 45-`lno"S,) OL-5 , NOW, THEREFORE, be it declared as follows: y,;l• Lots 1 anr_� hall have common driveway access to and from Stars Road'and over,a 50 foot right of wayxending from the southerly property line to Stars Road. These lots shall share access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule `B"annexed hereto and made a part hereof. r'2•, The common driveway shall permit vehicular access to the subdivision lots. \4 With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: A(A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule "B"for the purpose of ingress and egress. )' The terms lot owner or lot owners,"as used in the this greement;•-shall be deemed to include any heirs, distributes, successors or assigns of the part ular lo`t owner wner or lot (C) I. Each lot o er affected by this Agreement, by accepting a deed to or takingtitle to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this! greem&fit, (D) The word "maintenance"as used in this Agreement, shall be deemed to mean all -1- � a AW costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those,items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule`B" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request, sent via certified mail return receipt requested; to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites.of an owner, the response to the certified mail return receipt mailing shall,be within five (5) days of the certified mailing. -�,`(G) All lot owners agree that the common driveway shall always be maintained in .good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots�1 and 2 and approved in advance by the Planning Board of the Town of Southold;'so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (IT) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges,' such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by -2- the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense,their respective common driveway, as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Agreement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Agreement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Agreement the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member -3- STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned, personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- `✓ s _COMMON T)RTVFWAV FASFMRNT � F THIS INDENTURE,made as of this day of ,2013,by Aries Estates, LLC,a New York limited liability company with office at 535 West 23rd Street,New York, NY 10011 (hereinafter referred to as the"Declarant"). J WITNESSETH: 6�- - WHEREAS,Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk,and State of New York,more particularly bounded and described on C Schedule"A" annexed hereto and made a part hereof;and iutual- aCWHEREAS,Declarant is required,pursuant to the subdivision approval granted the Planning Board of the Town of Southold in a resolution adopted on ,2013,to create 0,9rg-m?ni in connection with said real property for the purpose of sharing a common driveway and•al (�S�WISi bili h 2S COd b�1��r,��on s Gl► r� � WHEREAS,.Declarant desires to provide for such shared driveway access to and from Stars Rd.,East Marion,NY. NOW,THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over the driveway on Lot 2 extending to Lot 1.These lots shall at Call times be limited to a single shared access to and from Stars Road which shared common driveway access is more particularly bounded and described on Schedule"B"annexed hereto and made a part hereof. 2. Vehicular access to and from said driveway for said lots shall be restricted to said common driveway access. 3. With regard to the use of the common driveway referenced above,such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint,equal and mutual right to use the common driveway described in Schedule"B"for the purpose of ingress and egress. (B) The terms"lot owner"or_lot owners,"as used in this Easement,shall be deemed to include any heirs,distributes,successors or assigns of the particular lot owner or lot owners. -1- (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions,and provisions of this Easement. (D) The word"maintenance"as used in this Easement,shall be deemed to mean all costs and expenses in connection with said common driveway,including the costs of sweeping,surfacing and resurfacing,regravelling,filling in of holes, snow removal,landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule"B"annexed hereto. (E) The Owners of the respective lots,or any portion thereof,shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore as provided in paragraph"F"hereof. Each lot shall be responsible for half of the maintenance Deletes:halfofthe expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request sent via certified mail return receipt requested to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway.If a lot owner fails to,gpprove an Deletes: --an- --- --------- -- -------- --expense -- for maintenance or tills to respond,within 15 days-of receiTit of the----------------------------------- Deleted:after such request has been request then the lot owner requesting the improvemen mroceed with such sent by the non-defaulting owner certified -"a'yp ----- ------ --------- mad return receipt requested and the maintenance or repair.For emergency repairs,required where a condition defaulting owner fails to respond necessitates an immediate repair and the absence of a repair would threaten Deleted:or within 15 days responds the safety of an owner or invites of an owner,the response to the certified mail negatively,then the non-defaulting owner return receipt mailing shall be within five(5)days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold,so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15)days of notification of proposed charges,such unpaid monies may be expended by the other owner.In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law.The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses.The lot owners who have paid their proportionate share of expenses -2- rt' - may also commence an action against the defaulting lot owner,in a court of appropriate jurisdiction,in order to recover the unpaid monies.In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work.A defaulting lot owner shall be liable for all costs and expenses,including bit not limited to,reasonable attorneys'fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein,each and every lot owner shall promptly repair,at his/her sole cost and expense,any damage done to the driveway by construction traffic,machinery,or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses,in accordance with subparagraph(H)above. (J) The owners of Lots I and 2 shall have the right to maintain,at their own cost and expense,their respective common driveway,as described on Schedule"B".All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Easement may not be revoked,rescinded, extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors,except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such planning Board's approval. (L) This Common driveway Easement runs with the land and is binding upon all grantees,heirs,distributes,successors,or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Aries Estates,LLC By: Shawn Tully,Member -3- f STATE OF NEW YORK ss.: COUNTY OF On the day of in the year 2012,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public -4- /// WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, October 21, 2013 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications i Project name: i Corazzini, Richard ! SCTM#: 1000-84-1-32.1 Location: 6245 Cox Lane, Cutchogue Description: ! This proposed site plan is for a 5,820 s.f. addition to an existing 3,150 s.f.' building for office space and storage on a 6.8 acre parcel in the LI Zoning District. Status: � -- ------------------- Pending Action: - _1 Review revised site plan. _ I Attachments: 1 Staff Report ! Project name: _; Price, Mary Ann - SCTM#: ; 1000-140_2-18 Location: 730 Love Lane, Mattituck Description:- 1 This site plan is for a proposed outdoor antiques flea market to accommodate 10 vendors where a two-family (1,750 s.f.) dwelling and the Iron Skillet food establishment exist in the Hamlet Business Zoning District on .75 acres. ; Status: Action: 1 Review_revised site-plan._ _Attachments: i Staff Report _Project name: i Twin Forks Landscaping - _; SCTM#:T1000-83-3-8_ _ Location: West side of Cox Lane, approximately 500 feet south of Oregon Road, j Cutchogue Description: This site plan is for the construction of a 6,000 sq. ft. addition to an-----I existing 1,263 sq. ft. building having a total of 7,263 sq. ft. of building to 4 be used as a contractor's yard on a 1 acre parcel in the Light Industrial Zoning District_ ! Status: Approved j Action: i Review comments from Final Site Inspection. ---=-- - - - -Attachments: _ ; Staff Report t Project name: Aries Estates/Tull _ 1 SCTM#: 1 1000-22-3-2 i j Location: ; at the westerly terminus of a private right-of-way which extends north fromKayleigh's Court in East Marion I Description: This proposal is fora standard subdivision -of-an 11.4-acre parc_el into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open ! space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in j the R-80 Zoning District. -- ---------------- -------- ------ ---- -- Status: ' Conditional Preliminary Approval - --- - ------------------- Action_ Review Engineering Inspector comments-------& rev-ised Final--- -Plat. I Attachments: Staff Report _- - - ---------i SCOTT A. RUSSELL ' : '- ,_ JAMES A. RICHTER, R.A SUPERVISOR Ips MICHAEL M. COLLINS, P.E. i TOWN HALL - 53095 MAIN ROAD ;. ,V f a TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765-1560 Fax (631)-765-9015 MICHAEL COLLINS�TOWN SOUTHOLD NY US aN� = ,, JAMIE RICHTER a TOWN SOUTHOLD NY US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Donald J. Wilcenski October 11, 2013 Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Aries Estates/Tully Standard Subdivision SCTM#: 1000—22—03—02 Dear Mr. Wilcenski: - As per a request from your office, I have reviewed the latest revisions of the Road & Drainage Plans for the above reverenced subdivision. These plans were prepared by the office of Howard W. Young, L.S. and have been dated 10/01/13. Please consider the following: 1: The proposed access to the building envelopes for lot#'s•1 &2 have been proposed using two independent driveway easements located along the Easterly side of Lot# 1 and . • the Westerly side of Lot#2. Will there,be a requirement to remove and/or abandon the existing dirt driveway that runs through the center of the site? (See enclosed Aerial Photo) 2. Lot#2 indicates a Well that is located within the Open Space Area. Is this an approved location that would not be in conflict with Open Space requirements? 3. The existing utility line running adjacent to the easterly property line of Lot# 1 has been noted as being replaced with Underground Electric. The southerly terminus or beginning of this work is proposed at an existing utility pole that is located on the adjacent property. This utility pole is also located outside of an existing Right-of-Way shown on the plan. Are there pre-existing easements already in place to allow this work in the location as shown or are new easements required? 4. Proposed new driveway construction within lots 1 &2 will require New Drainage when they are constructed. The driveway for Lot#2 will not require building permits but the driveway construction will still be required to comply with Chapter 236 for Stormwater Management. Drainage designs should be approved prior to construction by contacting the Engineering Department at 765-1560. 5. The location of the new 16'wide stone blend access road within the 50'wide R.O.W. extending from Stars Road has been noted as variable to protect significant trees. During final layout and immediately prior to construction, the contractor must contact the Engineering Department at 765-1560 to inspect and approve the final roadway layout. 6. Drainage calculations have been amended to meet the current design and are considered satisfactory for compliance with Chapter 236. 7. The new work located within the Right-of-Way of Stars Road must be constructed to meet the minimum requirements of the Town Highway Specifications. This would include but not be limited to the saw cutting existing edge of pavement, excavation of road shoulder materials and placement of a 4"stone blend base with 2.5" asphalt base and 1.5" asphalt wearing course to align with existing pavement. Please note that I have also enclosed the amended bond estimate for your use. If you have questions regarding this Subdivision Review, please contact my office. / in erely, Enc V(2) mes Aa Rich er, R.A. cc• Peter Harris,Superintendent of Highwa I SCOTT A. RUSSELL :. i�,,, JAMES A. RICHTER, R.A. SUPERVISOR F a V ?` MICHAEL M. COLLINS, P.E. TOWN HALL- 53095 MAIN ROAD t 2 _> TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765-1560 Fax. (631)-765-9015 MICHAEL COLLINS n.TOWN SOUTHOLD NY US 't JAMIE RICHTERgTOWN SOUTHOLD NY US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE ARIES ESTATES STANDARD SUBDIVISION East Marion,TOWN OF SOUTHOLD SCTM#1000-22-03-02 DATE October 8, 2013 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.34 ACRE CLEARING&GRUBBING $ 2,500.00 $ 850.00 2. JOB STABALIZED CONSTRUCTION ENTRANCE 1,500.00 1,500.00 3. 1,450 S.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 2,900.00 4. 1,450 S.Y. FINE GRADING 1.50 2,175.00 DRAINAGE 5. 1 EACH LEACHING CATCH BASINS(10' Diameter) With Cast Iron Grate&Frame 2,000.00 2,000.00 SURFACING 6. 590 S.Y. COMPACTED SOIL SUB-BASE(6") 1.50 885.00 7. 90 TON RCA BASE(4"Thick) 15.00 1,350.00 8. 45 TON 3/4"STONE BLEND WEARING COURSE(2"Thick) 50.00 2,250.00 9. JOB ASPHALT CURB CUT(Within Town R.O.W.) Saw Cut Existing Road Pavement and Provide New New Pavement Section.Must Meet Highway Specifications. - 1,500.00 10. 8 EACH CONCRETE SURVEY MONUMENTS 100.00 800.00 11. 330 S.Y. TOPSOIL&SEED 2.00 660.00 12. 660 L.F. HAY BALE SILT BARRIERS 2.50 1,650.00 13. 1 EACH FIRE WELL 15,000.00 15,000.00 (This item may be deleted if not required by the Fire Commissioners) 14. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 1.000.00 BOND TOTAL $ 34,520.00 240-37 ADDIINISTRATION FEE (2 Lots @$2,000/Lot) $ 4,000.00 101 041111 , *ap k 'ak""iT SM1 a Jl. •mow a'e yea :� t m�\ ��.," oil p 77777777 Ogil a g k a; _ �r j s>' 3 -�+y, b� araa=.�a ,..,,..1..F �....+�c..4.Nvw�a.��31 � <a..fi.rsesnwu,�.}mow -•-•w...+u., yn,.. _ ___ __- wN e W mac., W t''x n._ r' _ a „ 1 dr -- " a� AFT er ir , - µ- M Fif4f �w ., t- s d.. . .. � a .._...d, �'s'.. .::.at :'�..:,; �.R k> # , ff e--` t ;� .. t ,•_ 4 i+ "�,. �3 .b .:: ,... .. .ate^ .. _ list, x . .. K V Ad _.. . feet goo earth mete 1 1200 MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 DONALD J.WILCENSKI O��g $�(/ryOl' Southold,NY 11971 Chair OFFICE LOCATION: I _ 1 WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR yCOU '� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino, Planner A 5 Date: October 7, 2013 Re: Aries Estates: Road and Drainage Plans Application Name:Aries Estates Standard Subdivision 'Tax Map Number: 1000-224=2 Location: approximately 334.1' to the east of Stars Road in East Marion Type of Application: Sketch Subdivision Map Dated: Preliminary Subdivision Map Dated: Final Subdivision Map Dated Road Profiles Dated: X Road and Drainage Plans Dated: last revised 10/1/13 Other: Bond Estimate Dated: Site Plan Dated: Revised Site Plan Dated: Grading and Drainage Plans Dated: Other Dated: Please respond by: October 25, 2013 Project Description: This proposal is for a standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 3.7 acres, including 1.4 acres of open space, and Lot 2 equals 7.7 acres, including 5.1 acres of open space, in the R-80 Zoning District.- Thank you for your cooperation. P9 4, Ptl A�S CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 October 7, 2013 E-mail: charles.cuddy@verizon.net UL Jamie Richter, R.A. F C T 8 2013 Southold Town Engineering Department _. PO Box 1179 soutLio! Cov u Pjallrllfig Board Southold,New York 11971 RE: Aries Estates subdivision Dear Mr. Richter: We are enclosing a revised bond estimate based upon the enclosed subdivision map. Please advise if you wish to make any revisions. Very truly yours, ,r��'/V' Charles R. Cuddy CRC/ik Enclosure cc: Alyxandra Sabatino, Town Planner October 7, 2013 Draft Bond Estimate SHAWN TULLY at East Marion, T/O Southold, New York based on Final Road & Drainage Plan (Sheets 1-2 of 2) last dated October 1, 2013 prepared by Young&Young Item No. Qty. & Unit Description Unit Cost Total Cost 1 .34 Ac. Clearing & Grubbing $2,500.00 850.00 2 1,450 S.Y. Rough Grading/ Unclassified Excavation 2.00 2,900.00 3 1,450 S.Y. Fine Grading 1.50 2,175.00 4 1 Each Leaching Catch Basin 10' Dia. With Cast Iron Grate & Frame 2,000.00 2,000.00 5 590 S.Y. Compacted Soil Sub-Base 6 inch 1.50 885.00 6 45 Tons % "Stone Blend Wearing Course (2") 50.00 2,250.00 7 L.S. Asphalt Curb Cut Within Town R.O.W. L.S. 1,500.00 8 8 Each Concrete Survey Monuments 100.00 800.00 9 330 S.Y. Topsoil &Seed 2.00 660.00 10 660 L.F., Hay Bale Silt Barriers 2.50 1,650.00 11 L.S. Stabilized Construction Entrance L.S. 1,500.00 12 1 Each Fire Well 15,000.00 15,000.00 13 L.S. Maintenance & Protection of Traffic L.S. 1,000.00 ®raft Bond Total $33,170.00 6%Administration Fee 1,990.20 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL.: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 October 4, 2013 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department artment PO Box 1179 �q Southold,New York 11971 u 0 T 7 2013 RE: Aries Estates subdivisionu - S(`i4Lf7U)�! IY Piannfnci r�W Dear Ms. Sabatino: Enclosed please find ten(10)prints of the revised final subdivision map together with the Final Road and Drainage Plan last dated October 1, 2013. Please promptly review the subdivision map. Thank you. Very truly yours, al'a Charles R. Cuddy CRC/ik Enclosure COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs, AND EASEMENTS SENT TO THE TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: Sib `h(\c5 Date: 101-713 Na a/Department/Contact Number Availability to conference if necessary: Date signature needed: (2)c'k c.%j Type: Contract Lease _)�=Easement '�(,C&Rs Other Renewal: Yes No If yes, expiration date of prior contract: Between Town and Term of contract Describe nature of contract or detail information relevant to review: C-t s Cacr�t�r.a -�`se elf Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution Required: Draft attached To be drafted by TA Office Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Tuesday, October 01, 2013 3:15 PM To: 'Charles.Cuddy@Verizon.Net' Cc: Lanza, Heather;Terry, Mark Subject: RE:Aries Estates subdivision Charles, Thank you for the updated legal documents. For ease in review,the Planning Board will review all legal documents at the same time as the required revised maps outlined in the September 11, 2013 letter. Please let me know if you have any questions. Thanks, Aly Alyxandra Sabatino Planner,Town of Southold Phone:631-765-1938 Email:Alvxandra.Sabatino@town.southold.nv.us From: Charles Cuddy [ma i[to:Charles.Cuddy@Verizon.Net] Sent: Thursday, September 26, 2013 10:37 AM To: Sabatino, Alyxandra K. Subject: Aries Estates subdivision Please see attached correspondence. Charles R. Cuddy 1 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 RO Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 September 24, 2013 E-mail: chanes cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner �r� Southold Town Planning Department `? PO Box 1179 SEP 27213 Southold,New York 11971 0 RE: Aries Estates subdivision ��x ®Mv``=a' `_' Dear Ms. Sabatino: We have prepared the following revised agreements based upon a new subdivision map with a (� flag lot: 1. Declaration of Covenants and Restrictions 2. Common Driveway Agreement We understand that except for the map information and utilities paragraph(3.09)the Open Space Conservation Easement will not be changed and similarly the Grant of Easement from Shawn Tully to Aries Estates, LLC will not be changed. Please confirm these documents are now in acceptable form so they can be signed and recorded. Very truly yours, � 7 l" Charles R. Cuddy CRC/ik Enclosure r OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the_ of 2013 at Southold,New York. The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called "Grantor") and the Town of Southold, a municipal corporation, having a principal office at 53095 Main Road, PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates,LLC prepared by Howard Young, Land Surveyor, last dated , which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the "Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over acres portion of the subject property described in Schedule A, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the " Open Space Conservation Easement Area" and hereinafter referred to as the "Easement Area;"and Whereas, as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an Open -1- i Space Conservation easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Are,more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement.Area described in Schedule A, and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement"or its "provisions" shall include any and all of those covenants, restrictions, rights,terms and conditions. -2- ir 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Grading and Removal of Materials.Mining The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- r� 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting (for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the ' Easement Area and the names and the names and addresses of the occupants, b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. a 3.09 Utilities C;� The creation or placement of overhead utility transmission lines, utility poles is prohibited. Utilities are to be installed underground. However, the pre-existing utility poles as shown on the subdivision map of Aries Estates, LLC as above referred to shall be replaced by underground -4- 1 service,provided it does not interfere with service to the adjoining property to the east. 3.10 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.11 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.12 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses -5- such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas(except is any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the,Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS -6- 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times,upon prior notice of at least thirty (30) days to Grantor, unless Grantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or -7- l f a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument,provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability � -8- If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written.Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shal survive its -9- execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supersedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates, LLC By: Shawn Tully, Member/Grantor Town of Southold (Grantee) By: Supervisor STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned,personally -10- appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2013, before me,the undersigned,personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -11- GRANT OF EASEMENT -tom THIS GRANT OF EASEMENT is made on of , 2013, by and between Shawn Tully residing at 535 West 23rd Street,New York,NY 10011 (hereinafter referred as "Grantor") and Aries Estates, LLC, a New York limited liability company with an office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as "Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion,New York,which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The easement is located at the southerly end of the Grantor's parcel and the easement is more particularly described in Schedule C. This easement shall run in favor of the future owners of the Lots land 2 on the Subdivision Map of Aries Estates, LLC as prepared by Howard Young, Land Surveyor, last dated 2. With regard to the use of the easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the easement described in Schedule"C" for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said easement, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 l , necessary to make it convenient and safe for the owners of the aforesaid lots to use the easement described on Schedule"C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective easement to which they have access and the amount of money to be expended therefore, as provided in paragraph"F" hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the easement shall be jointly made by the lot owners to such easement. Either lot owner shall send a written request, sent via certified mail return receipt requested, to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the easement. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) Both lot owners agree that the easement shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen (15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 ( t (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) This Easement may not be revoked,rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A"herein. This Easement shall run with the land and be binding upon the heirs, successors,personal representatives and the assigns. Shawn Tully, Grantor Aries Estates, LLC, Grantee By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me,the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 4 r 1 STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me,the undersigned,personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 COMMON DRIVEWAY AGREEMENTS THIS INDENTURE,made as of this day of , 2013,by Aries Estates, LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the "Declarant"). WITNESSETH: """WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York,more particularly bounded and described on Schedule "A"annexed hereto and made a part hereof, and s WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,NY. NOW, THEREFORE, be it declared as follows: Lots 1 and 2 shall have common driveway access to and from Stars Road and over a 50 foot right of way extending from the southerly property line to Stars Road. These lots shall share access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule `B" annexed hereto and made a part hereof. 2 The common driveway shall permit vehicular access to the subdivision lots. � 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule `B" for the purpose of ingress and egress. n i'•t1n+''6.Y4 'Y� 1(B The terms "lot owner" or lot owners," as used in the this Agreement;,shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. p _ r d (C) Each lot owner affected by this 1greement„by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this rAgreement (D) The word"maintenance” as used in this Agreement, shall be deemed to mean all -1- I i costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule `B" annexed hereto. ,.,i(E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. �A (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. '(G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. ,j(H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by -2- the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. ' (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense, their respective common driveway, as described on Schedule `B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Agreement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Agreement runs with the land and is binding upon all grantees,heirs, distributes, successors, or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Agreement the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member -3- STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned, personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2013, by Aries Estates,LLC a New York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold,County of Suffolk, State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the standard Subdivision Map of Shawn Tully dated_ _ , which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, Page 1 of 4 1 � their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: 1.-h The owner of lot 2 as shown an the subdivision map to be filed with the Suffolk County Clerk shall have an easement for utilities under that area designated as the southerly part of lot 1 driveway,the description of which is annexed hereto as Schedule B. 2; The owners of lots 1 and 2 shall be equally responsible for maintaining the common access easement from Stars Road to the subdivision property line.,Maintenance includes but is not "cif limited to repairing with fill, clearing and snow plowing. i'1 ,, <<��� C •-'` ;f 'k f' '� t y C �-'3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. V4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. v 5. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. k)- Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the standard Subdivision Map of Shawn Tully dated .' ,,�fi Y:_tiG__: __ �! ```. . f a:r , r:.�•, "°j 7. Pursuant-to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. ,'8. Prior to any construction activity, the project will require a General Permit for storm-water run-off from Construction Activity (GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase Il State Pollutant Discharge Elimination System (SPDES) Program. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXH, Farmland Bill of Rights, of the Southold Town Code. Y '10. All utilities must be located underground. Page 2 of 4 r 1'1: Pervious driveways and the access easement designated as "common driveway and access easement" shall be used to serve each of the lots on the approved subdivision map. 12. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. V13. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 14. Vegetation within the 100' non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the "wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. ,,,,These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. •'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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. ,,/The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other Page 3 of 4 remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.: COUNTY OF ) On the day of in the year 2013, before me, the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 �t9 4A v� w{z�i i tJ 1; —T ZL— �la9ta -3- (VRfo'>CAkC- \iM(- "-(Z Ci vow(7u all ; is �C L-L .LA i S i Ri�e.1 i\/LOtt— fl t� (Lc-`- , SEP 1 662013 { MAILING ADDRESS: PLANNING BOARD MEMBERS rjF S0 P.O.Box 1179 DONALD J.WILCENSKI O�`� y�l Southold,NY 11971 Chair h Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III �� �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �ij'COU '� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2013 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: At the September 9, 2013 Work Session the Planning Board reviewed the request by the applicant to split the right-of-way to the two lots at the property line. Typically, the Board requires shared access whenever possible to reduce the amount of impervious surface and overall developed area, however, in this case the Board supports the idea in part because this is a reduced yield subdivision, and also because there will remain a single access to the public street. The Board is requiring the following to proceed with the new access plan: 1. Lot 1 must be re-designed into a flag lot so that it has a direct connection to the 50"right-of-way. This will eliminate the need for an Access Easement over Lot 2. The flag would be 25' in width extending to the 50' right-of-way. 2. Lot 2 may access the 50' right-of-way through a driveway that meets the New York State Code Section 511 standards and Southold Town Code standards for driveways. 3. All driveways specifications will be enforced,by the Building Department during the building permit process. 4. Make the following changes to the map: a. Show Lot 1 as a flag lot to the 50' right-of-way off of Stars Road. The flag must be 25' in width. Aries Estates Page Two September 11, 2013 b. Eliminate the new flag on Lot 1 from the Open Space Easement Area. Where the driveways on Lots 1 & 2 will cross the Open Space Easement Area, delineate a 20' wide reserved area with a dashed line and metes and bounds that will be outside the Open Space Easement Area. c. The 60% required Open Space must be re-calculated. The 20' driveway reserved areas and the entire area of the flag on Lot 1 must be removed from this calculation. d. Remove the "Earth Road"from the plan. 5. A Road and Drainage Plan is required for the 50' right-of-way that leads to Stars Road. 6. All utilities, including the existing utility poles on proposed Lot 1, must be located underground. If it is not possible to put the existing utility pole lines underground, the 20' driveway reserved area must be widened for allowance of both the existing utility poles and a driveway. Also, a letter must be submitted explaining why the utility pole lines cannot be placed underground. 7. The Open Space Conservation Easement and Covenants & Restrictions must be revised to allow for the new driveway proposal. 8. Submission of a revised Bond Estimate. 9. Please be advised that-the new construction may require the disturbance of more than one acre, therefore, a Department of Environmental Conservation (DEC) Storm Water Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) may be required. We will provide revision language for the Open Space Easement and C & R's as soon as our computers are back online later this week. If you have any questions, please do not hesitate to contact this office. Very truly yours, 0"-QM Alyxandra Sabatino Planner Encl: Planning Department sketch of revised access ways WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 9, 2013 4:00 p.m: Southold Town Meeting Hall 4:00 p.m. Executive Session re: Legal Advice 4:30 p.m. Applications 5:30 p.m. Review Public Meeting Agenda Applications: Project name: Stanton, Phil & Jennifer . SCTM#: 1000-64-1-29 Location: 845 Ma le Avenue, Southold Description: This proposal is a Standard Subdivision of a 5.32 acre parcel into three lots where Lot 1 equals 2.45 acres, Lot 2 equals 1.25 acres, and Lot 3 equals 1.63 acres, located in the R-40 Zonin District. Status: Pending Action: Review Preliminary Plat and referrals. Attachments: Staff Report Project name: Brantuk & PearsonSCTM#: 1000-75-6-7.2 & 86-6-31 Location: 44632 Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25, Southold Description: This proposed Lot Line Modification transfers 0.27 acres from Lot 1 (SCTM#1000-86-06-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of Route 25 in Peconic. Status: Pendin Action: Review potential Lot 1 dock covenant. Attachments: Staff Report Project name: Aries_Estates/Tufl SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from Ka Leigh's Court in East Marion Description: Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. Status: Conditional Preliminary Approval - Action: Review driveway request. ► Attachments: Staff Report b `e F SCOTT A. RUSSELL JAMES A. RICHTER A. SUPERVISOR r _ ,y � MICHAEL M. COLLI S, P.E. .rim 3 ` ; •! � TOWN OF SOUTHOLD, TOWN HALL- 53095 MAIN ROAD „a, ,f NEW YORK 11971 Tel (631)-765-1560 a �,, Fax. (6331)1)-7-765-9015 .° " JAMIE RICHTER awTOWN SOUTHOLD NY US MICHAEL COLLINS cr,TOWN SOUTHOLD NY US � 3 .,� `M�, vim,—' �f� OFFICE OF THE ENGINEER ' A U G 5 2 13 Ll TOWN OF SOUTHOLD ala;n+r 3 Board Donald J. Wilcenski August 15, 2013 Chairman -Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re:, Aries Estates/Tully Standard Subdivision SCTM#: 1000—22—03—02 Dear Mr. Wilcenski: As per a request from your office, I have reviewed a proposed major change and/or revision of the final road &drainage plan that had been previously reviewed for the above referenced project. The modified plan would include a second roadway access to-lot# 1. Please consider the following: 1. As I understand the proposed change the applicant would like to provide access for lot# 1 over the southerly portion of lots 1 &2 then turn northerly along the easterly side of lot#1. With the access to the building envelope for lot#2 remaining the same, both road access ways will require a 25'wide right of way for the necessary road improvements. These improvements should be required to extend entirely through the Open Space Area. The portion of road extending through the buildable lot areas would only be subject to Chapter 236 and not be subject to Highway Specification requirements. 2. This required ROW area should be separated out of the required Open Space area and the proposed property lines should be adjusted and modified accordingly. 3. The second access roadway may also require the relocation of existing utility poles to accommodate the construction of the second roadway under this proposed change. 4. Each roadway must meet the minimum requirements of the Highway Specifications as well as Chapter 236 for Stormwater Management. 5. With this configuration, the new construction would require the disturbance of more than one acre and therefore, in my opinion, a DEC SWPPP and NOI would be required. Please keep in mind that this project would be out of the Town's jurisdiction and therefore would not be subject to a Town SWPPP review. 6. Drainage calculations will need to be upgraded to meet the minimum requirements of Chapter 236 for Stormwater Management. If the applicant intends to make this change a reality, new plans will be required for a complete review. If you have any comments and/or questions regardinI es A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 1, 2013 4:00 p.m. Southold Town Meeting Hall 2:30 p.m. Executive Session — Annex Board Room - to discuss litigation & legal advice 4:00 p.m. Applications - Town Meeting Hall 5:30 p.m. Review Public Meeting Agenda Applications: Project name: Aries Estates/Tully SCTM#: ! 1000-22-3-2 Location: , at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion j Description:_ ! Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 ! Zoning District. Status: ', Conditional Preliminary Approval _ Action: I Review submitted legal documents. Attachments: ; Staff Report Proiect Name: 1 Colony Pond _ _ ; SCTM#_ 1000-52-5-60.3 Location: ; on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold j Description: This proposal is for a standard subdivision to subdivide a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 13, 4, & 5 = 0.7 ac. in the R-80 Zoning District. -- - - - - - - - jStatus_ ; Conditional Preliminary Approval Action: _! Review Open Space Use Analysis-------_ Attachments: j Staff Report Project name: Brantuk & Pearson SCTM#:J 1000-75-6-7.2 & 86-6-31 Location: 44632 Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS; Route 25, Southold Description: This proposed Lot Line Modification transfers 0.27 acres from Lot 1 i (SCTM#1000-86-06-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 I decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from, ! 1 5.30 acres to 5.57 acres. This property is located on the r.o.w. off of j Route 25 in Peconic. i Status: ! Pending_ - - - --- - - - - - -- - Action: _!_Review submitted materials. Attachments: Staff Report 1 CHARLES R.CUDDY C� ATTORNEY AT LAW ' 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address• TEL. (631)369-8200 P.O.Box 1547 PAX. (631)369-9080 'Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 10, 2013 i Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 -- Southold,New York 11971 RE: Aries Estates subdivision � " JUN 1 2013 11 Dear Ms. Sabatino: In response to your e-mail of May 24, 2013, I have reviewed the language for the Open Space Conservation Easement and Covenants and Restrictions, and in accordance with our conversation I have indicated that the approaching easement is in 15 ft. in width and also attempted to define the relocation of the 25 ft. right of way. I'm enclosing a Common Driveway Easement as we submitted on behalf of Mr. Tully. All of this is the same as had been requested except from elimination of the restrictive language. The restrictive language actually prevents us from negotiating with the adjoining property owner, who will then be without any reason to agree to convey an additional 5 ft. This needs to be discussed with the full Board so we can finally bring this matter to a conclusion. Very truly yours, Charles R. Cuddy CRC/ik Enclosure i/ 1) To account for the possibility in the Open Space Conservation Easement that the right of way will be relocated to the east side of the property, revise the language regarding the right of way in Section 4.04 Permitted Uses to read as follows: "In addition, the Grantor shall have the right to complete (in accordance with the approved road and drainage plan), use and maintain the 25 foot right-of-way and any associated improvements providing access along the Western property line as shown on the final subdivision map. In the alternative, the Grantor shall have the right to relocate the 25 foot right-of-way to the eastern property line if the following conditions are met: 1. The Grantor must obtain a 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision(designated as "now or formerly Patricia D. Garvey" on the final Subdivision Map); and 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access following the lines of the existing easement at the eastern property line but not less than 15 ft. in width to the subdivision and then proceeding to relocate the 25 ft. right of way from the easterly line to the common driveway. 3. The Grantor must remove the original 25' Right of Way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement." 2) Revise Clause 1 of the Covenants and Restrictions to the following: "The owner of lot 1 as shown on the subdivision map to be filed with the Suffolk County Clerk shall have an easement, detailed in a separate Common Driveway Easement, for ingress and egress as well as for utilities over that area on the Western property line designated as "25' Right of Way with 16' Stone Blend Driveway" the description of which is annexed hereto as Schedule B. In the alternative, the."25' Right of Way" may be relocated to the eastern property line only if the owner(s) of Lots 1 and 2 obtain the following: 1. A 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision(designated as "now or formerly Patricia D. Garvey" on the final t rage/- ui z subdivision map); and 2. An amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the same dimensions as the original access Upon approval of an amended subdivision map with a relocated right of way as described above, the owners of Lots 1 and 2 shall have an easement over the relocated 15 ` and 25' Right of Way, and detailed in a separate Common Driveway Easement, for ingress and egress as well as for utilities." 5/31/2013 COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this day of , 2013,by Aries Estates, LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS,Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York,more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required,pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2013, to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway and all other lawful purposes in favor of these parcels, so that there will be one common driveway access to serve Lots 1 and 2; WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,NY. NOW, THEREFORE, be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over the driveway on Lot 2 extending to Lot 1. These lots shall share access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule "B" annexed hereto and made a part hereof. 2. The common driveway shall permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule `B"for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. - -1- N � (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations,restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule`B" annexed hereto. (E) The owners.of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore, as provided in paragraph"F"hereof. Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner,the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally.installed, unless otherwise agreed to-by the owners-of Lots I and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance _ expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real -2- 1 property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense,their respective common driveway, as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Easement iuns with the,land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member -3- J, STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- Sabatino, Alyxandra K. From: Sabatino,Alyxandra K. Sent: Thursday, May 30, 2013 11:05 AM To: 'Charles.Cuddy@Verizon.Net' Cc: Lanza, Heather Subject: RE:Aries Subdivision Charles, Yes,you are correct.The right of way across the Garvey property must be at a minimum of 15 ft.wide pursuant to Town Code 280-109. However, as you stated when the right of way reaches the Tully property it must be extended to 25 ft. Please amend the below language accordingly to reflect that the right of way over the Garvey property must be at a minimum of 15 ft. wide instead of as written 25 ft. Thanks again, Aly From: Charles Cuddy [mailto:Charies.Cuddy@Verizon.Net] Sent: Wednesday, May 29, 2013 8:52 AM To: Sabatino, Alyxandra K. Subject: RE: Aries Subdivision Aly: I received your proposal for the Aries subdivision right of way and, while I recognize that you have not been acquainted with the earlier proposed right of way, at no time was that right of way to be more than 15 ft. across the Garvey property. The entrance right of way from Kayleigh's Court is 16 ft. in width to the Garvey property, when it reaches the property it can then be extended to 25 ft. Please advise. Charles R. Cuddy From: Sabatino, Alyxandra K. [mailto:alyxandra.sabatinootown.southold.ny.us] Sent: Friday, May 24, 2013 11:12 AM To: charles.cuddvC-averizon.net Subject: Aries Subdivision Charles please review the language for the Open Space Conservation Easement, Covenants and Restrictions, and map note/changes with your client.,The Board has not approved the following language however, we wanted to run it by you first. If you have any questions, please call. Thanks. 1) To account for the possibility in the Open Space Conservation Easement that the right of way will be relocated to the east side of the property, revise the language regarding the right of way in Section 4.04 Permitted Uses to read as follows: i "In addition, the Gran' -)hall have the right to complete (ir' . _,00rdance with the approved road and drainage plan), use and maintain the 25 foot right-of-way and any associated improvements providing access along the Western property line as shown on the final subdivision map. In the alternative, the Grantor shall have the right to relocate the 25 foot right- of-way to the eastern property line if the following conditions are met: 1. The Grantor must obtain a 25 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision (designated as "now or formerly Patricia D. Garvey" on the final Subdivision Map); and 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the same dimensions as the original access, as shown on the Amended Subdivision Map; and 3. The Grantor must remove the original 25' Right of Way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement." 2) Revise Clause 1 of the Covenants and Restrictions to the following: "The owner of lot 1 as shown on the subdivision map to be filed with the Suffolk County Clerk shall have an easement, detailed in a separate Common Driveway Easement, for ingress and egress as well as for utilities over that area on the Western property line designated as "25' Right of Way with 16' Stone Blend Driveway" the description of which is annexed hereto as Schedule B. In the alternative, the "25' Right of Way" may be relocated to the eastern property line only if the owner(s) of Lots 1 and 2 obtain the following: 1. A 25 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision (designated as "now or formerly Patricia D. Garvey" on the final subdivision map); and 2. An amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the same dimensions as the original access Upon approval of an amended subdivision map with a relocated right of way as described above, the owners of Lots 1 and 2 shall have an easement over the relocated 25' Right of Way, and detailed in a separate Common Driveway Easement, for ingress and egress as well as for utilities." 3) The common driveway easement language must stay the same as the template approved by the Planning Board. The above stated language added to the Open Space Conservation Easement, Covenants and Restrictions, and note on the Final Plat, will allow the applicant in the future to 2 request from the Plannir yard that access be moved from t.... :restern to the eastern property line 4) Add the following note to the Final Plat: "Applicant may submit an amended subdivision application to provide for alternative access to the property over the land shown as "now or formerly Patricia D. Garvey" if the Applicant, its successors or assigns obtains a 25 foot easement for the purpose of ingress and egress of said property." 5) Remove the earth road from the Final Plat. 3 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF soar P.O.Box 1179 DONALD J.WILCENSKI O� yQl Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Q 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR Q��. �� (cor.Main Rd. &Youngs Ave.) COU NT`l,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2013 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re': Proposed Standard Subdivision of Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board discussed the above-referenced application at their May 6, 2013 Work Session and the following has been determined: 1. Attached is the revised Bond Estimate from the Office of the Town Engineer. The Board agreed to wait to accept this Bond Estimate until you have reviewed it with the applicant. 2. Planning Staff is working with the Town Attorney's Office to determine how best to establish in writing the option for an alternate future access to the site. We are working on language for the Final Plat resolution, a notation for the Final Plat, and a reference to in the Open Space Easement. 3. Please wait to submit a revised Final Plat until we have provided you with the alternate access notation language. If you have any questions, please do not hesitate to contact this office. Very truly yours, ajj� �-k Alyxandra Sabatino Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 6, 2013 4:15 p.m. Southold Town Meeting Hall 3:00 p.m. Executive Session - Annex Board Room - to discuss litigation & legal advice 4:15 p.m. Applications -Town Meeting Hall 5:30 p.m. Review Public Meeting Agenda Applications: Project name: ; Aries Estates/Tully SCTM#: 1 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north i _ from Kayleigh's Court in East Marion Description: I Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot ; 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 ! Zoning District. Status: ; Conditional Prelimina A__ royal -- --� Pp - -— -- - — - -- - Action: Review submitted legal documents & revised Bond Estimate. - -- ------ -- --- ----------- -------- Attachments: Staff Report Project name_ ; Conklin9 Point Estates SCTM#: ' 1000-53-4-44.1 & 44.3 Location: I w/s/o Kerwin Boulevard, 575 +/-feet w/o August Lane, Greenport Description: This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot j 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 1 acres, excluding the area of wetlands. Status: i Conditional Preliminary Approval ! Action: ! Review revised maps: Attachments: j Staff Report =--Project name: j Malon Industries, Inc. ; SCTM#: 1000-97-5-4.5 --- ----- ---- --------- -- - - --- ----- - Location: 32845 NYS 25, approximately 83.35' w/o Cox's Lane, on the n/s/o NYS Road 25, in Cutchogue Description: ; This site plan amendment includes parking changes and a drive-up window for a bank on a 1.2356 acre parcel in the B Zone. — _ - --- --- -- — - --------- -- - Status: i Approved Action: Review request from Charles Cuddy, Esq.___ - - -- - -- ---- - - -- ------ Attachments: i Staff Report M - - - - - - - - -------- ------- - Project name: _ Corazzini, Richard _ _ _ _SCTM#_1 1000-84-1-32.1_ Location: 6245 Cox Lane, Cutchogue L— _ ___-_ -- ___-__v. -__.�_--___..--_.-_-._- _-_-__________ �.-__________._ -_--__-_ Description: ' This proposed site plan is for a 2,520 s.f. addition to an existing 3,150 s.f.l building for office space and storage on a 6.8 acre parcel in the LI Zone. Status: Pending f Action: I Review Staff Report i Staff Report Attachments: - - -- CHARLES R.CUDDY G� ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEWYORK Mailing Address: TEL: (631)369-8200 P0.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 April 29, 2013 E-mail: Charles cuddy@verizon.net Ms . Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold, New York 11971 RE: Aries Estates subdivision-Performance Bond Dear Ms . Sabatino: In connection with the passbook security offer by Aries Estates, LLC, I have prepared a short Security Agreement, which is enclosed. Please advise if you wish to make any changes or additions . Very truly yours, �L �[APR 3 02013 :;; Charles R. Cuddy CRC/ik (u:r Enclosure SECURITY AGREEMENT WHEREAS, Aries Estates, LLC has proposed a two (2) lot subdivision on 11 acres at its, site in East Marion, Town of Southold, identified as SCTM#1000- 22-3-2,and WHEREAS the Southold Town Planning Board in connection with approval of the subdivision has requested security to assure that the required subdivision improvements have been completed by Aries Estates, LLC, and WHEREAS,the owner Aries Estates, LLC as applicant, has offered that security in the form of a savings account passbook, NOW, THEREFORE, it is agreed that: 1. The savings account passbook reflecting a deposit in the Suffolk County National Bank of$ is hereby assigned to the Town of Southold with a signed withdrawal slip annexed to the passbook. 2. That the funds represented by the passbook are available to the Town to complete the required subdivision improvements in the event such improvements are not completed by Aries Estates, LLC. Upon receipt of a signed statement from the Town certifying that Aries Estates, LLC has failed to complete the certain improvements as set forth in the bond estimate attached hereto and made a part hereof, and failure of Aries Estates, LLC to complete the improvements within thirty(30) days of the mailing of the signed statement by certified mail return receipt annexed,then, in that event, the Town may withdraw sufficient funds to complete the required subdivision improvements. 3. Upon completion of the required improvements the passbook and assignment shall be returned to Aries Estates, LLC c/o Shawn Tully. Aries Estates, LLC By: Shawn Tully, Member Town of Southold Planning Board By: l� Submission Without a Cover Letter Sender: James ?k Gh+cr Subject: AYk�C5 E'-�DE5�'crc �- SCTM#: 1000 - a.), Date: Comments: Q C E Q APR 192013 Southold Tovvn Planning Board FP SCOTT A. RUSSELL :.nom isn � JAMES A. RICHTER R.A. _ y�;�x- m1, , �., ��. SUPERVISOR �.µ„ 7 �� MICHAEL M. COLLINS, P.E. �-' :` :` TOWN HALL - 53095 MAIN ROAD4"f Tel. (631)-765-1560 e*`"; Fax. (631)-765-9015 TOWN OF SOUTHOLD,NEW YORK 11971 , F�A„�;;J t amu” OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE ARIES ESTATES STANDARD SUBDIVISION East Marion,TOWN OF SOUTHOLD SCTM#1000-22-03-02 DATE April 18, 2013 ITEM QUANTITY DESCRIPTION UNIT PRICE AMOUNT 1. 0.98 ACRE CLEARING&GRUBBING $ 2,500.00 $ 2,450.00 2. 1,430 S.Y. ROUGH GRADING/ UNCLASSIFIED EXCAVATION 2.00 2,860.00 3. 3,430 S.Y. FINE GRADING 1.50 5,145.00 DRAINAGE 4. 4 EACH LEACHING CATCH BASINS(10'Diameter) With Cast Iron Grate&Frame 2,000.00 8,000.00 SURFACING 5. 4,280 S.Y. COMPACTED SOIL SUB-BASE(6") 1.50 6,420.00 6. 320 TON RCA BASE(4"Thick) 15.00 4,800.00 7. 225 TON N"STONE BLEND WEARING COURSE(2"Thick) 50.00 11,250.00 8. JOB ASPHALT CURB CUT(Within Town R.O.W.) Saw Cut Existing Road Pavement and Provide New New Pavement Section.Must Meet Highway Specifications. - 1,500.00 9. 8 EACH CONCRETE SURVEY MONUMENTS 100.00 800.00 10. 1,890 S.Y. TOPSOIL&SEED 2.00 3,780.00 11. 620 L.F. HAY BALE SILT BARRIERS 2.50 1,550.00 12. 1 EACH FIRE WELL 15,000.00 15,000.00 (This item may be deleted if not required by the Fire Commissioners) 13. JOB MAINTENANCE & PROTECTION OF TRAFFIC - 1.000.00 BOND TOTAL $ 64,555.00 6% ADMINISTRATION FEE $ 3,873.30 r Page 1 of 1 Sabatino AI xandra K. y IJ ffHT From: Charles Cuddy[Charles.Cuddy@Verizon.Net] Sent: Monday, April 15, 2013 11:26 AM To: Sabatino, Alyxandra K. Subject: Shawn Tully subdivision Attachments: D00041513.pdf Aly: Pursuant to your letter of March 27, 2013, we have revised the following documents: 1. Common Driveway Easement-paragraph 2 and paragraph 3 (E) and (F); 2. Grant of Easement-"Now, Therefore"clause by adding: "vehicular"and paragraph 2 (E)and (F); 3.Open Space Easement-Section 3.09 Utilities; Please advise if they are acceptable for signing and recording. Charles R. Cuddy E C E u E APR 192013 Southold Town Planning Board 4/19/2013 GRANT OF EASEMENT THIS GRANT OF EASEMENT is made on of ,2013,by and between Shawn Tully residing at 535 West 23`d Street,New York,NY 10011 (hereinafter referred as"Grantor") and Aries Estates,LLC,a New York limited liability company with an office at 535 West 23`a Street,New York,NY 10011 (hereinafter referred to as"Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road,East Marion,New York,which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion,Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee,an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The easement is located at the southerly end of the Grantor's parcel and the easement is more particularly described in Schedule C.This easement shall run in favor of the future owners of the Lots land 2 on the Subdivision Map of Aries Estates,LLC as prepared by Howard Young, Land Surveyor,last dated November 9, 2012. 2. With regard to the use of the easement referenced above,such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the easement described in Schedule"C"for the purpose of ingress and egress. (B) The terms"lot owner"or lot owners,"as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept,for the lot owner and his/her heirs, distributes, successors,and assigns, all of the conditions, obligations,restrictions, and provisions of this Easement. (D) The word"maintenance"as used in this Easement, shall be deemed to mean all costs and expenses in connection with said easement, including the costs of sweeping,surfacing and resurfacing,regravelling,filling in of holes,snow removal,landscape maintenance to insure proper width and all those items Page 1 of 4 7 necessary to make it convenient and safe for the owners of the aforesaid lots to use the easement described on Schedule"C"annexed hereto. (E) The owners of the respective lots,or any portion thereof, shall determine what maintenance shall be done on the respective easement to which they have access and the amount of money to be expended therefore, as provided in paragraph"F" hereof.Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the easement shall be jointly made by the lot owners to such easement.Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the easement. if a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five(5) days of the certified mailing. (G) Both lot owners agree that the easement shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (l) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15)days of notification of proposed charges, such unpaid monies may be expended by the other owner.In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner,in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses,including but not limited to,reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (1) Notwithstanding anything to the contrary herein,each and every lot owner shall promptly repair,at his/her sole cost and expense,any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses,in accordance with subparagraph(H)above. (J) This Easement may not be revoked,rescinded, extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors,except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees,heirs, distributes, successors,or assigns of any portion of the lands described in Schedule"A"herein. This Easement shall run with the land and be binding upon the heirs, successors,personal representatives and the assigns. Shawn Tully, Grantor Aries Estates,LLC, Grantee By: Shawn Tully,Member STATE OF NEW YORK } ss.: COUNTY OF ) On the day of in the year 2413,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the Page 3 of 4 instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013,before me,the undersigned,personally appeared ,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public Page 4 of 4 COMMON DRIVEWAY EASEMENT THIS INDENTURE,made as of this day of , 2013,by Aries Estates, LLC,a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS,Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York,more particularly bounded and described on Schedule "A"annexed hereto and made a part hereof; and WHEREAS,Declarant is required,pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on ,2013,to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 1 and 2; WHEREAS,Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,NY. NOW,THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over the driveway on Lot 2 extending to Lot 1. These lots shalltWr al-times be limited to a single shared access to and from Stars Road,which shared common driveway access is more particula—rTy bounded and described on Schedule`B"annexed hereto and made a part hereof 2. The common driveway shall permit vehicular access to the subdivision lots. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint,equal and mutual right to use the common driveway described in Schedule`B"for the purpose of ingress and egress. (B) The terms"lot owner"or lot owners,"as-used in the this Easement, shall be deemed to include any heirs,distributes,successors or assigns of the particular lot owner or lot owners. 4- (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept,for the lot owner and his/her heirs, distributes, successors,and assigns,all of the conditions,obligations,restrictions, and provisions of this Easement. (D) The word"maintenance"as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway,including the costs of sweeping, surfacing and resurfacing,regravelling,filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule"B"annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore, as provided in paragraph"F"hereof.Each lot owner shall be responsible for half of the maintenance expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway.Either lot owner shall send a written request, sent via certified mail return receipt requested,to the other lot owner prior to incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner,the response to the certified mail return receipt mailing shall be within five (5)days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (I� In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15)days of notification of proposed charges, such unpaid monies may be expended by the other owner.In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law.The lot owner who has paid his/her proportionate share shall subject his/her real -2- properly to the liens of those lot owners who have paid their share or maintenance expenses.The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner,in a court of appropriate jurisdiction,in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to,reasonable attorneys'fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein,each and every lot owner shall promptly repair, at his/her sole cost and expense,any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or,pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses,in accordance with subparagraph(H) above. (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense,their respective common driveway,as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Easement may not be revoked,rescinded,extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors,except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Easement runs with the land and is binding upon all grantees,heirs, distributes, successors,or assigns of any portion of the lands described in Schedule"A'herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Aries Estates,LLC By: Shawn Tully,Member -3- STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2013 at Southold,New York. The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor")and the Town of Southold,a municipal corporation,having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas,Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates,LLC prepared by Howard Young, Land Surveyor, last dated November 9, 2012,which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A,and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities,including Towns,of fee title or lesser interests in real property, including conservation easements,which may be necessary and desirable for the preservation, conservation,and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land,including development rights, easements,covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60%of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.4659 acres portion of the subject property described in Schedule A, attached hereto and made a part hereof,shown on the aforementioned Subdivision Map as the"Open Space Conservation Easement Area"and hereinafter referred to as the"Easement Area;"and Whereas,as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map;and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee,an Open -1- Space Conservation easement in gross,which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map,herein referred to as the Easement Are,more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's WarranAy and Liens Subordinated Grantor warrants and represents to the grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A, and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt,provided that any lien or mortgage or other rights granted for such purpose,regardless of date,are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic,natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic,and natural resource qualities, including agricultural soil,by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in fiirtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises,undertakings, and forbearances contained in this Easement,the parties agree upon its provisions,intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited herein. Reference to this"Easement"or its"provisions"shall include any and all of those covenants, restrictions,rights,terms and conditions. -2- 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor,Grantor's agents,tenants,occupants,heirs, personal representatives, successors and assigns,and all other individuals and entities.The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors,and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval,hereby grants,releases,and conveys to Grantee this Easement,in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts,uses and practices are prohibited forever upon or within the Easement Area;except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof 3.02 Excavation, Grading and Removal of Materials,Mining The excavating,grading or filling of the Easement Area,except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited.Mineral exploitation,and extraction by any method,surface or subsurface,is prohibited. The removal of topsoil, sand,aor other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- t � ' 3.03 Subdivision There shall be no further subdivision,division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including,but not limited to trash,garbage,sawdust, ashes or chemical waste on the Easement Area is prohibited.This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices,including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs,billboards, or advertisements is prohibited,except signs whose placement,number,and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes:(a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants,b)to temporarily advertise the Easement Area or any portion thereof for sale or rent,(c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation,compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4.04 the removal of trees,shrubs, and groundcover,is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations(CAFO's)as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Utilities The creation or placement of over-head utility transmission lines,utility poles are prohibited, except the pre-existing utility poles as shown on the subdivision map of Aries Estates, LLC as above referred to may remain in place together with the lines attached thereto.Any change -4- in location, or addition to the lines will require that the lines be placed underground and the poles removed,and shall require prior approval from the Southold Town Planning Board. 3.10 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.11 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited,except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.12 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three,Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State,or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation,mow,maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock -5- area for horses;further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas.Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. In addition the Grantor shall have the right to complete(in accordance with the approved road and drainage plan),use and maintain the 25 foot right-of-way and any associated improvements as shown on the final subdivision map. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas(except is any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles(e.g. dirt bikes,"ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes,levies,and assessments and other governmental or municipal charges,which may become a lien on the Easement Area,including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes,levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs,attorney's fees, judgments or expenses to Grantee or any of its officers ,employees,agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Pgly Claims Grantor shall indemnify and hold Grantee harmless for any liability,costs, attorneys' fee, judgments,or expenses to Grantee or any of its officers,employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee,its officers, employees, agents,or independent contractors;and(b)from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement,excepting any of those matters arising solely from the acts of Grantee,its officers,employees, agents,or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 E=and Inspection -6- Grantee shall have the right to enter upon the Easement Area at reasonable times,upon prior notice of at least thirty(30)days to Grantor,unless Grantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement,and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area,for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee,its successors,assigns, agents, attorneys,representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii)hereof,nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control,including,without limitation, fire,flood, storm,and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent,abate,or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore,in addition to,and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant r obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15)days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach,default or violation which,in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement),Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach,default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach,default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms,conditions, covenants, obligations and purposes of this Easement;provided,however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such -7- breach,default or violation or with respect to any other breach,default or violation of any term, condition,covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay,either directly or by reimbursement to Grantee,all reasonable attorney's fees,court costs and other expenses incurred by Grantee(herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants,or restrictions contained in this Conservation Easement,and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument,provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document,or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement,or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability -8- i If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written.Notices shall be delivered by hand or express,certified or registered mail,return receipt requested,or by certified mail,with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office,recited herein,marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney,or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects,including validity, construction, interpretation,breach,violation and performance, except as provided in Section 7.06 hereof. 7.06Inte retation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement,and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties.The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant,to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shal survive its -9- execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions,negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates,LLC By: Shawn Tully,Member/Grantor Town of Southold(Grantee) By: Supervisor STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013,before me,the undersigned,personally -10- 1 1 appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2013,before me,the undersigned,personally appeared ,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public -11- PLANNING BOARD MEMAILING ADDRESS: MBERS �OF S0 P.O. Box 1179 DONALD J.WILCENSIU O� y�l Southold, NY 11971 ,Chair Q OFFICE LOCATION: WILLIAM J.CREMERS PIERCE RAFFERTY Town Hall Annex G 54375 State Route 25 JAMES H.RICH III �O a (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��'Irmo, Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Aly Sabatino Date: April 12, 2013 Re: Bond Estimate for: Aries Estates Standard Subdivision Application Name: Standard Subdivision: Aries Estates Tax Map Number: 1000-22-3-2 Location: The property is located approximately 334.1' to the east of Stars Road in East Marion. Type of Application: Sketch Subdivision Map Dated: Preliminary Subdivision Map Dated: Final Subdivision Map Dated Road Profiles Dated: — Grading and Drainage Plans Dated: X Other: Bond Estimate Dated: 3/27/13 Site Plan Dated: Revised Site Plan Dated: Grading and Drainage Plans Dated: Other (AS BUILT) Dated: Project Description: This proposal is for a standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 3.7 acres, including 1.4 acres of open space, and Lot 2 equals 7.7 acres, including 5.1 acres of open space, in the R-80 Zoning District Thank you for your cooperation. Page 1 of 1 Sabatino, Alyxandra K. From: Charles Cuddy[Charles.Cud dy@Verizon.Net] Sent: Tuesday, April 09, 2013 11:52 AM To: Sabatino, Alyxandra K. Subject: Shawn Tully subdivision Attachments: D00040913.pdf Aly: Attached please find a revised bond estimate for the above subdivision. Please forward it to Mr. Richter for review and approval. Charles R .Cuddy 5/7/2013 N - 0 0 N O O March 27, 2013 N N DRAFT BOND ESTIMATE Prepared for Shawn Tully m at East Marion, Town of Southold, New York N (based on Final Road &Drainage Plan last dated March 27, 2013) M o - N Item Item Description Qtv. & Unit Unit Price Total 1 Clearing& Grubbing .98 Acre $2,500.00 $2,450.00 2 Rough Grading/Uncl. Excavation' 1,430 C.Y. $2.00 $2,860.00 3 Fine Grading 3,430 S.Y. $1.50 $5,145.00 4 Leaching Catch Basin- 10'Dia. 4 Each $2,000.00 $8,000.00 5 Compacted Soil Sub-Base - 6" 4,280 S.Y. $1.50 $6,420.00 6 3/4"Stone Blend Wearing Course 190 C.Y. $30.00 $5,700.00 7 Topsoil &Seed 1,890 S.Y. $2.00 $3,780.00 8 Hay Bale Barriers (approx. 620 L.F.) L.S. $1,550.00 $1,550.00 9 Stabilized Construction Entrance L.S. $800.00 $800.00_ _ Sub-Total = $36,705.00 + 6 %Administration Fee = $2,202.30 TOTAL= $38,907.30 Excludes Water Main, Electric, Gas & CaTV o - L LL - ` MAILING ADDRESS: PLANNING BOARD MEMBERS o f S�u�, P.O.Box 1179 DONALD J.WILCENSKI O�`v �Ql Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G 54375 State Route 25 JAMES H.RICH III �Q �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU '� Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 27, 2013 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board discussed the above-referenced application at their March 25, 2013 Work Session and the following is required to proceed: 1. Make the following changes to the Road and Drainage Plan: a. The drainage calculations provided utilize a run-off co-efficient of 0.3 for stone blend roads, Chapter 236 required a co-efficient of 0:6 for stone blend surfaces and the calculation and drainage design should be amended accordingly. b. The Right-of-Way/Driveway Section, provided on the plan, specify a 16' wide stone blend road section. The construction entrance detail indicates width of 12'. This construction entrance detail should be widened to meet the width of the proposed stone blend road system. 2. Revise and submit the Draft Performance Bond Estimate for review by the Office of the Town Engineer. 3. Revise the Common Driveway Easement and Grant of Easement. Please see changes made to both documents attached. 4. Revise Section 3.09 Utilities. of the Open Space Easement to the following: "The creation or placement of over-head utility transmission lines, utility poles are prohibited, except the pre-existing utility poles as shown on the subdivision map of Aries Estates, LLC as above referred to may.remain in place together with the lines attached thereto. Any change in location, or addition to the lines will require that the Aries Estates Page Two March 27. 2013 lines be placed underground and the poles removed, and shall require prior approval from the Southold Town Planning Board." Please note that: 1. The Applicant has since corresponded with DEC Officials and the Applicant has determined that a DEC SWPPP is not required. 2. All excavated and/or graded earth materials stockpiled on site during construction must be seeded and protected from erosion. If you have any questions, please do not hesitate to contact this office. Very truly yours, �6ccu-, Alyxandra Sabatino Planner 4 COMMON DRIVFWAY EASEMENT THIS INDENTURE,made as of this day of ,2013,by Aries Estates, LLC,a New York limited liability company with office at 535 West 23rd Street,New York, NY 10011 (hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS,Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk,and State of New York,more particularly bounded and described on Schedule"A" annexed hereto and made a part hereof;and WHEREAS,Declarant is required,pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on ,2013,to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 1 and 2; WHEREAS,Declarant desires to provide for such shared driveway access to and from Stars Rd.,East Marion,NY. NOW,THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over the driveway on Lot 2 extending to Lot 1.These lots shall at all times be limited to a single shared access to and from Stars Road,which shared common driveway access is more particularly bounded and described on Schedule'B"annexed hereto and made a part hereof. 2. Vehicular access to and from said driveway for said lots shall be restricted to said common driveway access. 3. With regard to the use of the common driveway referenced above,such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint,equal and mutual right to use the common driveway described in Schedule"B" for the purpose of ingress and egress. (B) The terms"lot owner"or"lot owners,"as used in this Easement,shall be deemed to include any heirs,distributes,successors or assigns of the particular lot owner or lot owners. -1- (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions,and provisions of this Easement. (D) The word"maintenance"as used in this Easement,shall be deemed to mean all costs and expenses in connection with said common driveway,including the costs of sweeping,surfacing and resurfacing,regravelling,filling in of holes, snow removal,landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule"B"annexed hereto. (E) The Owners of the respective lots,or any portion thereof,shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefore as provided in paragraph"F"hereof. Each lot shall be responsible for half of the.maintenance--------- ------------------ Deleted:halfofthe expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. Either lot owner shall send a written request,sent via certified mall return receipt requested,to the other lot owner prior to incurring anv expense for the improvement and/or maintenance to the coni rlon driveway If a lot owner fails to approve an------------------ -------------------- Deleted: ---------— --- expense for maintenance or fails to respond-with-in-15-days-of receipt of the ----- Deleted:after such request has been request then-the lot owner requesting the improvenlen.,_Tq proceed with such sent by the non-defaulting owner certified --- — ----------------------------------------- mail return receipt requested and the maintenance or repair.For emergency repairs,required where a condition defaulting owner fads to respond necessitates an immediate repair and the absence of a repair would threaten Deleted:or within 15 days responds the safety of an owner or invites of an owner,the response to the certified mail negatively,then the non-defaulting owner return receipt mailing shall be within five(5)days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots I and 2 and approved in advance by the Planning Board of the Town of Southold,so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15)days of notification of proposed charges,such unpaid monies may be expended by the other owner.In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law.The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses.The lot owners who have paid their proportionate share of expenses -2- may also commence an action against the defaulting lot owner,in a court of appropriate jurisdiction,in order to recover the unpaid monies.In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work.A defaulting lot owner shall be liable for all costs and expenses,including bit not limited to,reasonable attorneys'fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein,each and every lot owner shall promptly repair,at his/her sole cost and expense,any damage done to the driveway by construction traffic,machinery,or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses,in accordance with subparagraph(H)above. (J) The owners of Lots I and 2 shall have the right to maintain,at their own cost and expense,their respective common driveway,as described on Schedule"B".All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Easement may not be revoked,rescinded, extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors,except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such planning Board's approval. (L) This Common driveway Easement runs with the land and is binding upon all grantees,heirs,distributes,successors,or assigns of any portion of the lands described in Schedule"A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Aries Estates,LLC By: Shawn Tully,Member -3- I � STATE OF NEW YORK ss.: COUNTY OF On the day of in the year 2012,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public -4- GRANT OF EASEMENT THIS GRANT OF EASEMENT is made on of ,2013,by and between Shawn Tully residing at 535 West 23" Street,New York,NY 10011 (hereinafter referred as "Grantor")and Aries Estates,LLC,a New York limited liability company with an office at 535 West 23'Street,New York,NY 10011 (hereinafter referred to as"Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion, New York, which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS,Grantee is the owner of certain parcel located at East Marion,Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE,Grantor hereby grants,transfers and conveys to Grantee,an easement for vehicular access and utility purposes over and across the parcel described in Schedule A to the - Deleted: contiguous parcel described in Schedule B. 1. The easement is located at the southerly end of the Grantor's parcel and the easement is more particularly described in Schedule C.This easement shall run in favor of the future owners of the Lots 1 and 2 on the Subdivision Map of Aries Estates,LLC as prepared by Howard Young,Land Surveyor,last dated November 9,2012. 2. With regard to the use of the easement referenced above,such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint,equal and mutual right to use the easement described in Schedule"C" for the purpose of ingress and egress. (B) The terms"lot owner"or lot owners,"as used in the this Easement,shall be deemed to include any heirs,distributes,successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots I and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions,and provisions of this Easement. (D) The word"maintenance"as used in this Easement,shall be deemed to mean all costs and expenses in connection with said easement,including the costs of sweeping,surfacing and resurfacing,regravelling,filling in of holes,snow removal,landscape maintenance to insure proper width and all those items Pagel of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the easement described on Schedule"C"annexed hereto. (E) The owners of the respective lots,or any portion thereof,shall determine what maintenance shall be done on the respective easement to which they have access and the amount of money to be expended therefore,as provided in paragraph "F"hereof.Each lot owner shall be responsible for half of the maintenance expenses. Formatted:Bullets and Numbering (I) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. •--- Formatted:Indent:Left: 0.5", Either lot oNoier shall send a written request,sent via certified Right: 1.25,Space Before: Opt, Lme spaang: mail return receipt requested,to the other lot owner prior to single incurring any expense for the improvement and/or maintenance to the common driveway. If a lot owner fails to approve an expense for maintenance or fails to respond within 15 days of receipt of the request then the lot owner requesting the improvement may proceed with such maintenance or repair. For emergency repairs,required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an oN nrer or invites of an owner,the response to the certified mail return receipt mailing shall be within five(5) days of the certified nailing, Formatted:Bullets and Numbering (F) Both lot owners agree that the easement shall always be maintained in good repair employing the same design,type of construction and material as originally installed,unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold,so as to be passable by vehicles and this shall include prompt repair of any"potholes"or similar defects in the driveway which cause the driveway to become substandard. (G) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15)days of notification of proposed charges,such unpaid monies may be expended by the other owner.In this event,that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law.The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses.The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner,in a court of appropriate jurisdiction,in order to recover the unpaid monies.In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work.A defaulting lot owner shall be liable for all costs and expenses,including bit not limited to,reasonable attorneys'fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses (I) Notwithstanding anything to the contrary herein,each and every lot owner shall promptly repair,at his/her sole cost and expense,any damage done to the driveway by construction traffic,machinery,or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses,in accordance with subparagraph(H)above. (J) This Easement may not be revoked,rescinded,extinguished,modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors,except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees,heirs, distributes,successors,or assigns of any portion of the lands described in Schedule"A"herein. This Easement shall run with the land and be binding upon the heirs,successors, personal representatives and the assigns. Shawn Tully,Grantor Aries Estates,LLC,Grantee By: ......... -- Shawn Tully,Member STATE OF NEW YORK ) )ss.: COUNTY OF On the day of in the year 2013,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the Page 3 of 4 instrument. Notary Public STATE OF NEW YORK ) )ss.: COUNTY OF On the day of in the year 2013,before me,the undersigned,personally appeared 'personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. blgtar�'l2ub,;,. Page 4 of 4 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 25, 2013 4:00 p.m. Southold Town Meeting Hall Applications: Project name: ! Sacred Heart Church & Valerioti SCTM#: 1000-96-5-10_& 1 2—. Location: —__ t 3400 &4200 Depot Lane, Cutchogue Description: 11Thisproposed Lot Line Change will transfer 0.48 acres from SCTM#1000-96-5-10 to SCTM#1000-96-5-12.1. Lot 12.1 will increase from 35.03 acres to 35.51 acres and Lot 10 will decrease from 1.74 acres; to 1.26 acres located in the AC Zoning District. _ Status: _ New Application Action: _ Review for completeness; review draft comments to ZBA. _— Attachments_ ' Staff Report; Draft Comments -----— Project name_ _ i Aries Estates/Tully- _— -- — --Ii SCTM#_ 1000-22-3-2— Location: I at the westerly terminus of a private right-of-way which extends north L from Kayleigh's Court in East Marion _ - _ _-_-___ ..-__ Description: This proposal is for a standard subdivision of an 11.4-acre parcel into i two lots, where Lot 1 equals 3.7 acres, including 1.4 acres of open i I space, and Lot 2 equals 7.7 acres, including 5.1 acres of open space, in ; the R-80 Zoning District. i Status:_ ----I Conditional Preliminary Approval Action: -- Review comments from the Town Engineering Inspector & revised legal documents. ------ch-- -- - --- ---- ----- Attaments _� Staff Report J ~ — — - __-- ---- -�—j SCTM#: --1000-96-2-10.1— P_ro ect name: I8 Hands Farm Location: _^ _ j 4735 Cox Lane, Cutchogue Description: This site plan is for the proposed construction of a 60' x 120' (7,200 s.f.) 1 metal barn on a 25.69 acre Town of Southold Development Rights parcel I i and the conversion of an existing 4,200 s.f. barn to a farm stand on the I adjacent 1.84 acre reserved parcel that includes a two-story dwelling in i i the A-C Zone. i - --- --------- - Status: L.P �_` - -; Action: ; Review comments from referrals. I _ -- --- ------- --- ----------------- --------- ----- --------- - - - ------- -.------------- -------- --- ---- - --- Attachments;_— _', Staff Report ; Southold Town Planr,' Board Work Session - March 25, 13 - Page Two { oject name_ __ Vin and 48 _ j SCTM#_ 1000-96-4-4.3 --------- -- Loc tion: ; 18910 48, Cutcho ue_ _ Desc ' tion: This ame ed site or the prop d construction of a 40'x 100' j pole bar on with two walls, re-design the existing parking areas, I e addition an over-flow parking area w 100 parking spaces. i Existing on site are 2,032 s.f. tasting room, a sory retail store, 1,480 s.f. office, d 3,000 s. ge building d 11.3 acres of grape vines on 14.9 acre _ e A-C Zoning District. _ Status' ew,Applicatio '-Action: _ R vie r completeness. Attachments_ — _ a _ eport Discussion: • Procedure for Tracking Progre of Applications SCOTT A RUSSELL � ����w � JAMES A. RICHTER R A. SUPERVISOR ;;� ' �4t:� MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD y�. ^s N %>> Tel. (631)-765-1560 TOWN OF SOUTHOLD,NEW YORK 11971 , ";; Fax (631)-765-9015 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Donald J. Wilcenski March 19, 2013 Chairman - Planning Board D E CnR E Town Hall, 53095 Main Road V U Southold, New York 11971 MAR 92013 Re: Aries Estates/Tully Standard Subdivision SCTM #: 1000—22—03—02 Southold Town Planning Board Dear Mr. Wilcenski: As per a request from your office, I have reviewed the latest revision of the final road & drainage plan for the above referenced project. These Plans, prepared by the office of Young &Young, have been dated June 25,2010 and include the most recent revision date of March 11, 2013. Please consider the following: 1. My last report indicated that a DEC SWPPP and NOI would be required. The Applicant has since corresponded with DEC Officials and the Applicant has determined that a DEC SWPPP is not required. Therefore and at this time, this project will be reviewed under Town Code Chapter 236 for Stormwater Management. 2. The drainage calculations provided utilize a runoff coefficient of 0.3 for stone blend roads. Chapter 236 required a coefficient of 0.6 for stone blend surfaces and the calculations and drainage design should be amended accordingly. 3. Future Building Permits for residential construction to be located within the proposed building envelopes will require a drainage review to meet Chapter 236 requirements. 4. The Right-of-Way / Driveway Section, provided on the plan, specifies a 16' wide Stone Blend Road Section. The Construction Entrance Detail indicates width of 12'. This construction entrance detail should be widened to meet the width of the proposed stone blend road system. 5. All excavated and/or graded earth materials that will be stockpiled on site during construction must be seeded and protected from erosion. 6. 1 remember discussing the submission of a draft bond estimate by the applicant. Significant changes have been made and this draft estimate should be revised and re-submitted for review by the Town. If you have any comments and/or questions regarding this Subdivision Review, please contact my office. in erely, aures A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) l AIAILING ADDRESS: PLANNING BOARD MEMBERS zF SOFT P.O.Box 1179 DONALD J.WILCENSKI O�`� y�l Southold,NY 11971 Chair Q .!� OFFICE LOCATION: WILLIAM J.CREMERS _ Town Hall Annex JAMES H.RICH PIERCE H. RICH III TY G Q 54375 State Route 25 MARTIN H.SIDOR Ol� � (cor.Main Rd. &Youngs Ave.) Couf,m Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino jq-'52' c Date: March 18, 2013 �'� Re: Aries Estates Application Name: Standard Subdivision Aries Estates Tax Map Number: 1000-22-3-2 Location: approximately 334.1' to the east of Stars Road in East Marion Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other-: Yield Plan (Dated: ) Site Plan (Dated: ) Revised Site Plan (Dated: ) X Grading and Drainage Plans (Dated: 3114/13 ) Other (AS BUILT) (Dated: ) Project Description: This proposal is for a standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 3.7 acres, including 1.4 acres of open space, and Lot 2 equals 7.7 acres, including 5.1 acres of open space, in the R-80 Zoning District Thank you for your cooperation. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address. TEL- (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 March 13, 2013 E-mail: charles.cuddy@verizon.net Ms . Alyxandra Sabatino, Town Planner Southold Town Planning Department D E C E � U E PO Box 1179 Southold, New, York 11971 MAR 142013 RE: Aries Estates subdivision Southold Town Planning Board Dear Ms . Sabatino: We are enclosing five (5) sets of the Final Road and Drainage Plan revised pursuant to discussion at our conference on Tuesday, March 5, 2013 . Very truly yours, Charles R. Cuddy CRC/ik Enclosure A � Q Page 1 of 1 Sabatino, Alyxandra K. From: Charles Cuddy[Charles.Cuddy@Verizon.Net] ((� pp Sent: Tuesday, February 19, 201311:30 AM I V E 0 V To: Sabatino, Alyxandra K. FEB 2 0 2013 Subject: Aries Estates LLC(Shawn Tully)subdivision Attachments: img-219122330.pdf Southold Town Planning Board Dear Aly: - - Attached is the Open Space Conservation Easement to include a provision at "utilities" (3.09) for the existing poles. With the exception of a determination regarding the SWPPP and the bond, which will be forwarded shortly, I believe we have submitted the materials required by your letter of January 8, 2013. Charles R. Cuddy 2/20/2013 OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2013 at Southold,New York. The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called "Grantor")and the Town of Southold,a municipal corporation,having a principal office at 53095 Main Road,PO Box 1179,Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York,identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates,LLC prepared by Howard Young, Land Surveyor, last dated November 9,2012,which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities,including Towns,of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation,and retention of open spaces and areas of scenic and natural quality; and Whereas,Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land,including development rights, easements,covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60%of the buildable lands as open space in perpetuity; and Whereas,as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.4659 acres portion of the subject property described in Schedule A, attached hereto and made a part hereof,shown on the aforementioned Subdivision Map as the" Open Space Conservation Easement Area"and hereinafter referred to as the"Easement Area;"and Whereas,as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map;and NOW THEREFORE,Grantor hereby grants,transfers and conveys to Grantee, an Open -1- Space Conservation easement in gross,which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Are,more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A,and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt,provided that any lien or mortgage or other rights granted for such purpose,regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording,foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space,scenic,natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic,and natural resource qualities, including agricultural soil,by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises,undertakings,and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tvne This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants,restrictions,rights,terms, and conditions recited herein.Reference to this"Easement"or its"provisions"shall include any and all of those covenants,restrictions,rights,terms and conditions. -2- 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor,Grantor's agents,tenants, occupants,heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights,obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents,successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR,as a condition of subdivision approval, hereby grants,releases,and conveys to Grantee this Easement, in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts,uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation Grading and Removal of Materials,Mining The excavating, grading or filling of the Easement Area,except as may be necessary to construct and maintain permitted structures and'improvements on the Easement Area as provided in Section 4.04 hereof,is prohibited.Mineral exploitation, and extraction by any method,surface or subsurface,is prohibited. The removal of topsoil, sand,aor other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- 3.03 Subdivision There shall be no further subdivision,division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including,but not limited to trash, garbage,sawdust,ashes or chemical waste on the Easement Area is prohibited.This prohibition shall exclude materials used on the Easement Area in the normal course of sound. agricultural practices, including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs,billboards, or advertisements is prohibited,except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants, b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation,compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover,is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's)as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Utilities The creation or placement of overhead utility transmission lines,utility poles is prohibited, except to service structures or activities as provided in Section 4.04 hereof,however,the pre- existing utility poles as shown on the subdivision map of Aries Estates,LLC as above referred to -4- may remain in place together with the lines attached thereto. Any change in location of these poles e,VV"' "JCA-� shall require approval of the Southold Town Planning Board.Utilities must be installed underground. , 3.10 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited.Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.11 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited.The use of the Easement Area for drainage is prohibited,except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.12 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership f Subject to the provisions of Article Three,Grantor shall retain all other customary rights of ownership in the Easement Area,some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation, mow,maintain and cultivate the Easement -5- Area for the purposes of planting field crops,fruits and vegetables as well as providing a paddock area for horses;further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas.Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board.In addition the Grantor shall have the right to complete(in accordance with the approved road and drainage plan),use and maintain the 25 foot right-of-way and any associated improvements as shown on the final subdivision map. Excluded from these permitted uses are all other structures and uses,not specifically identified as allowed in this Easement,including but not limited to any type of paved areas(except is any is permitted or required for the right of way),tennis courts,swimming pools, off-road motorized vehicles(e.g. dirt bikes, "ATVs"), shooting ranges,and other uses similar in character and potential impact as determined by the Planning Board. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies,and assessments and other governmental or municipal charges, which may become a lien on the Easement Area,including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers,employees,agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement,all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs,attorneys' fee, judgments, or expenses to Grantee or any of its officers,employees,agents or independent contractors resulting:(a)from injury to persons or damages to property arising from any activity on the easement Area,except those due solely to the acts of the Grantee, its officers,employees, agents,or independent contractors;and(b)from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement,excepting any of those matters arising solely from the acts of Grantee, its officers,employees,agents,or independent contractors. -6- l ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times,upon prior notice of at least thirty(30)days to Grantor,unless Grantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement,and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area,for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors,assigns, agents,attorneys,representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose,except pursuant to 6.03 (ii)hereof,nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement,Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However,Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control,including,without limitation,fire,flood, storm,and earth movement,or from any prudent action taken by Grantor under emergency conditions to prevent,abate,or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to,and not in limitation of,any other rights of Grantee hereunder at law or in equity,in the event any breach, default or violation of any term, provision,covenant r obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15)days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach,default or violation which,in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement),Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto,or -7- r (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms,conditions, covenants, obligations and purposes of this Easement;provided,however,that any failure,delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach,default or violation or with respect to any other breach, default or violation of any term,condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred,Grantor shall pay,either directly or by reimbursement to Grantee,all reasonable attorney's fees, court costs and other expenses incurred by Grantee(herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief,and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants,or restrictions contained in this Conservation Easement,and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument,provided that in the sole and exclusive judgment of the Grantee,and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor,such amendment or discretionary consent further or is not inconsistent with the purpose of this grant.Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources,contradict the purpose of this easement,or limit the term or result in termination of this Conservation Easement,or adversely affect the qualification of this Instrument -8- or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written.Notices shall be delivered by hand or express,certified or registered mail,return receipt requested, or by certified mail,with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04.Mailed notice to Grantee shall be addressed to its principal office,recited herein,marked for the attention of the Town Supervisor, Southold Town Planning Board,and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity,construction, interpretation,breach,violation and performance,except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction,no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it.If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties.The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area,except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant,to the public -9- any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shat survive its execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates,LLC By: Shawn Tully,Member/Grantor Town of Southold(Grantee) By: Supervisor -10- STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2013, before me,the undersigned,personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public -11- L SCHEDULE "A'• ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEG3NNING at the southeast comer of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1: North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 1 f degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... y ; Schedule"A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8,2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. _COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs, AND EASEMENTS SENT TO THE , TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: R�LA b a A 1,aci Date: b [Ills N)ame/Department ontact Numbdr Availability to conference if necessary: Date signature needed: Mcy(-(l Type: Contract Lease 4 -Easements C&Rs Other Renewal: Yes No If yes, expiration date of prior contract: Between Town and Term of contract Describe nature of contract or detail information relevant to review: 0 Cocomcx,, a Okg:6 (nduL tAk— t Gf'ar-+-cam QsP'y,-TIBC 46r 10i l 6o-e( l a-V a . j2nd Afters U(I-0 06--k Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution'Required: Draft attached To be drafted by TA Office RECEIVED FEB R 4 2013 Town Mtorney's Office P GRANT OF EASEMENT THIS GRANT OF EASEMENT is made on of , 2013, by and between Shawn Tully residing at 535 West 23`d Street,New York,NY 10011 (hereinafter referred as "Grantor") and Aries Estates, LLC, a New York limited liability company with an office at 535 West 23`d Street,New York,NY 10011 (hereinafter referred to as"Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion,New York, which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an easement for access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The easement is located at the southerly end of the Grantor's parcel and the easement is more particularly described in Schedule C. This easement shall run in favor of the future owners of the Lots land 2 on the Subdivision Map of Aries Estates, LLC as prepared by Howard Young, Land Surveyor, last dated November 9, 2012. 2. With regard to the use of the easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the easement described in Schedule "C"for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said easement, including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 necessary to make it convenient and safe for the owners of the aforesaid lots to use the easement described on Schedule"C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective easement to which they have access and the amount of money to be expended there . ed in aragraph"F" hereof. Each lot owner shall be responsible fo' the alf of expenses. (F) All decisions for improvements and/or maintenance of the easement shall be jointly made by the lot owners to such easement. If a lot owner fails to approve an expense for maintenance after such request has been sent by the non- defaulting owner certified mail return receipt requested and the defaulting owner fails to respond within 15 days or within 15 days responds negatively, then the non- defaulting owner may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five(5) days of the certified mailing. (G) Both lot owners agree that the easement shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including bit not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) This Easement may not be revoked,rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. This Easement shall run with the land and be binding upon the heirs, successors, personal representatives and the assigns. Shawn Tully, Grantor Aries Estates, LLC, Grantee By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned, personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the Page 3 of 4 r instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned, personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this day of 20_, by , residing at , New York (hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 20_, to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots_and _; WHEREAS, Declarant desires to provide for such shared driveway access to and from NOW, THEREFORE, be it declared as follows: 1. Lots _ and — shall have common driveway access to and from over the driveway on Lot_. These lots shall at all times be limited to a single shared access to and from , which shared common driveway access is more particularly bounded and described on Schedule "B" annexed hereto and made a part hereof. 2. Vehicular access to and from said driveway for said lots shall be ,restricted to said common driveway access. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule "B" for the purpose of ingress and egress. (B) The terms "lot owner' or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors or assigns of the particular lot owner or lot owners. - 1 - L + (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots _ and _ does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedules "B" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefor, as provided in paragraph "F" hereof. Each lot owner shall be responsible for the proportion of expenses that his/her vote has to the entire number of votes eligible to be cast, but in no event more than one share per lot. (F) All decisions for improvements and/or maintenance of the common driveway shall be made by majority vote of the lot owners having rights to such driveway. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners having lots to the respective driveway. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within thirty (30) days of the mailing of that notice shall be bound by the decision of those who do vote. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots — and _ and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any "potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owners fail to pay a proportionate share of maintenance expenses within fourteen (14) business days of notification of charges, such unpaid monies may be collected proportionately from each of the other lot owners. In this event, all lot owners having duly paid,both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in New York Lien Law. The lot owner who has not paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. -2 - r-, l a f The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. (1) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) The owners of Lots — and _ shall have the right to maintain, at their own cost and expense, their respective common driveway, as described on Schedules "C" and "D". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefited by the respective common driveway. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. - 3 - IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Insert Declarant's Name STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the day of in the year 20_ before me, the undersigned, personally appeared —' personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this day of , 2013, by Aries Estates, LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the"Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2013, to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 1 and 2; WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,NY. NOW, THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over the driveway on Lot 2 extending to Lot 1. These lots shall at all times be limited to a single shared access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule`B" annexed hereto and made a part hereof. 2. Vehicular access to and from said driveway for said lots shall be restricted to said common driveway access. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule `B" for the purpose of ingress and egress. (B) The terms "lot owner" oAot owners," as used in the this Easement, shall be deemed to include any'heirs, distributes, successors or assigns of the particular lot owner or lot owners. -1- 1 (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations,restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to J use the common driveway described on Schedule`B" annexed hereto. L (E) The owners of the respective lots, or any portion thereof, shall determine what C LP maintenance shall be done on the respective common driveway to which they / p� have access and the amount of money to be expended therefor,, as provided in l p L paragraph"F"hereof. Each lot owner shall be responsible for the half of expenses. (F) All decisions for improvements and/or maintenance of the common driveway CP shall be jointly made by the lot owners to such driveway. If a lot owner fails to approve an expense for maintenance after such request has been sent by the non- g defaulting owner certified mail return receipt requested and the defaulting owner fails to respond within 15 days or within 15 days responds negatively,then the JJ non-defaulting owner may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner,the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses -2- may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including bit not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) The owners of Lots 1 and 2 shall have the right to maintain, at their own cost and expense, their respective common driveway, as described on Schedule`B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such planning Board's approval. (L) This Common driveway Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A"herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member -3- STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2012, before me,the undersigned, personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 February 6, 2013 E-mail: charles.cuddy@verizon.net Ms . Alyxandra Sabatino, Town Planner D Southold Town Planning DepartmentE CIE PO Box 1179 Southold, New York 11971 FEB - 82013 RE,: Aries Estates subdivision Southold Town Planning Board Dear Ms . Sabatino: We are enclosing six (6) sets of the Final Road and Drainage Plan and six (6) prints of the Final Plan which have been revised in accordance with your letter of January 8, 2013 . - Also, enclosed are the proposed Easement Agreements for the 'common-'s'hared driveway and the -easement from the subject parcel to StarsRoad. - `Howard Young has advised that the bond estimate forwarded previously is still in effect. It may be worthwhile meeting to discuss the "disturbed area" in connection with the SWPPP. Very truly yours, Charles R. Cuddy CRC/ik Enclosure COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this day of , 2013, by Aries Estates, LLC, a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as the "Declarant"). WITNESSETII: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required,pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2013,to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots 1 and 2; WHEREAS, Declarant desires to provide for such shared driveway access to and from Stars Rd., East Marion,NY. NOW, THEREFORE,be it declared as follows: 1. Lots 1 and 2 shall have common driveway access to and from Stars Road and over the driveway on Lot 2 extending to Lot 1. These lots shall at all times be limited to a single shared access to and from Stars Road, which shared common driveway access is more particularly bounded and described on Schedule `B" annexed hereto and made a part hereof. 2. Vehicular access to and from said driveway for said lots shall be restricted to said common driveway access. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule "B"for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. -1- l , (C) Each lot owner affected by this Easement,by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedule `B" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefor, as provided in paragraph"F" hereof. Each lot owner shall be responsible for the half of expenses. (F) All decisions for improvements and/or maintenance of the common driveway shall be jointly made by the lot owners to such driveway. If a lot owner fails to approve an expense for maintenance after such request has been sent by the non- defaulting owner certified mail return receipt requested and the defaulting owner fails to respond within 15 days or within 15 days responds negatively,then the non-defaulting owner may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design,type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses -2- �- may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner,there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including bit not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) The owners of Lots I and 2 shall have the right to maintain, at their own cost and expense, their respective common driveway, as described on Schedule"B". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefitted by the respective common driveway. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such planning Board's approval. (L) This Common driveway Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member -3- STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2012, before me,the undersigned, personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4- r GRANT OF EASEMENT THIS GRANT OF EASEMENT is made on of , 2013, by and between Shawn Tully residing at 535 West 23" Street,New York,NY 10011 (hereinafter referred as "Grantor") and Aries Estates, LLC, a New York limited liability company with an office at 535 West 23' Street,New York,NY 10011 (hereinafter referred to as "Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road, East Marion,New York, which parcel is known as SCTM#1000-022-03-01, and more particularly described in Schedule A annexed hereto; WHEREAS, Grantee is the owner of certain parcel located at East Marion, Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an easement for access and utility purposes over and across the parcel described in Schedule A to the contiguous parcel described in Schedule B. 1. The easement is located at the southerly end of the Grantor's parcel and the easement is more particularly described in Schedule C. This easement shall run in favor of the future owners of the Lots land 2 on the Subdivision Map of Aries Estates, LLC as prepared by Howard Young, Land Surveyor, last dated November 9, 2012. 2. With regard to the use of the easement referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the easement described in Schedule"C" for the purpose of ingress and egress. (B) The terms "lot owner" or lot owners," as used in the this Easement, shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners. (C) Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word"maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said easement, including the costs of sweeping, surfacing and resurfacing,regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items Page 1 of 4 I � necessary to make it convenient and safe for the owners of the aforesaid lots to use the easement described on Schedule"C" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective easement to which they have access and the amount of money to be expended therefor, as provided in paragraph"F" hereof. Each lot owner shall be responsible for the half of expenses. (F) All decisions for improvements and/or maintenance of the easement shall be jointly made by the lot owners to such easement. If a lot owner fails to approve an expense for maintenance after such request has been sent by the non- defaulting owner certified mail return receipt requested and the defaulting owner fails to respond within 15 days or within 15 days responds negatively, then the non- defaulting owner may proceed with such maintenance or repair. For emergency repairs, required where a condition necessitates an immediate repair and the absence of a repair would threaten the safety of an owner or invites of an owner, the response to the certified mail return receipt mailing shall be within five (5) days of the certified mailing. (G) Both lot owners agree that the easement shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots 1 and 2 and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any"potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owner fails to pay a proportionate share of maintenance expenses within fifteen(15) days of notification of proposed charges, such unpaid monies may be expended by the other owner. In this event, that lot owner having duly paid both his proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractor as defined in the New York Lien Law. The lot owner who has paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the other lot owner and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including bit not limited to, reasonable attorneys' fees which are incurred by the other lot owner in recovering the defaulting lot owner's unpaid share of expenses. Page 2 of 4 (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveway by construction traffic,machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph(H) above. (J) This Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A"herein. This Easement shall run with the land and be binding upon the heirs, successors,personal representatives and the assigns. Shawn Tully, Grantor Aries Estates, LLC, Grantee By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the Page 3 of 4 instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2013, before me, the undersigned, personally appeared , personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public i Page 4 of 4 1 ` ii ` MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 DONALD J. aCENSKI O��QF yOl Southold,NY 11971 Ch ~ OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JAMES H.RICH III a0 (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORe4Southold,NY �yUNT'1,� Telephone: 631765-1938, Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 8, 2013 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board discussed the above-referenced application at their January 7, 2013 Work Session and the following is required to proceed: 1 The Office of the Town Engineer requests the applicant provide proof that the future clearing that will result from this subdivision and subsequent development of the lots will be less than one acre. If this cannot be provided, then a DEC SWPPP and NOI would be required prior to Final Plat Approval. Currently, the proposed building envelopes noted on the plan are also the proposed clearing limits. These clearing limits, as shown on the map, are over 49,000 S.F. in total area. Based on the contours provided, this area has the potential to shed storm water to surface waters of the State. These factors exceed the threshold for a'DEC SWPPP. If the applicant believes that they will be clearing less than one acre of land in all areas that are pitched toward the bluff, they must provide additional delineations, plan notes and/or other means that would restrict a cumulative ground disturbance that would be in excess of one acre over the duration of the project. If the applicant can provide additional information that better defines the clearing limits and if this area is clearly less than one acre, this plan may be reviewed under Town Code Chapter 236 for Storm Water Management only. Aries Estates Page Two January 8, 2013 The Right-of-Way/Driveway Section, provided on theP ,Ianspecifies a p Leaching Catch Basin in the center of the roadway. The detail also shows a 3" crown in the road section and a note that indicates how the road should be graded on each side of the proposed leaching pool. A plan detail should be shown to indicate how this grading will be warped to achieve the containment of storm water run-off. V3. The site plan shows an existing "Earth Road" running in a North & South direction along the easterly property line and encroaching into the easement area. If this road exists due to rights of others to use the subject property for access, it should be excluded from the easement, and the area excluded from the open space calculation. The open space must remain at a minimum of 60% of the buildable lands (this deeded accessway would have to be deducted from buildable lands). If this earth road is an encroachment, it should be described as such in the easement and limitations placed on any future improvements to this road in the easement area. Ideally, it is removed from the easement area entirely at some point in the future (for example, if it is ever re-constructed, paved or if additional residential lots use it for access). The landowner has the option to exclude an area running along this property line so long as it does not cause the area of open space to be less than 60% of the buildable lands. ✓� Amend the Open Space Easement to allow for the pre-existing utility poles shown on the plat. The easement should clearly state than any changes to those poles will need Planning Board approval. 5. Provide a Utility Easement over Lot 1 for Lot 2's existing home which appears to be where the existing electric line is providing service (not sure if this is necessary). Consider whether the applicant would agree to replace the utility poles with underground utilities running up the common right-of- way instead. f 6. Drainage Design Criteria & Calculations have been provided for the construction of a new stone blend driveway. This drainage design meets the minimum requirements of Chapter 236 for Storm Water Management as it relates to the new road construction. Any and all new construction proposed for the residential lots must meet the minimum requirements of the DEC General Permit for Construction Activities where a cumulative land disturbance exceeds one acre. Please keep in mind that all new construction must, at a minimum, meet Town Code Chapter 236 requirements for Storm Water Management. Aries Estates Pace Three January 8, 2013 7. All excavated and/or graded earth materials that will be stockpiled on site during construction must be seeded and protected from erosion. 8, Submit a revised Bond Estimate. 9. The Board will waive street lights unless the applicant would like to propose one at the entrance to Stars Road due to the rural nature of the area. 10.The Board will waive street trees due to the remoteness and rural nature of the-, area and existing trees on site. V 11.Revise the Final Plat to show the location of the fire well. ✓12.Use the Town's template language for the Access Easement combined with a Road & Maintenance Agreement for the rights-of-way to Lots 1 and 2. Please make two separate agreements — one for Lot 1's access over Lot 2, and one for both Lots' access over the property to the west. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino L6@ Planner Southold Town F ia.ming Board Work Session - Page January 7, 2013 Subdivisions Project name: ; Rand, Bight Road, LLC ; SCTM#: ' 1000-14-2-11.4 & 11.5 Location: i 1085 Bight Road Orient Description: This proposed Lot Line Change will transfer 3,000 sq. ft. from s j SCTM#1000-14-02-11.4 to SCTM#1000-14-02-11.5. Lot 11.5 will i increase from 49,669 sq. ft. to 52,669 sq. ft., and Lot 11.4 will decrease from 43,672 sq_ft. to 40,672 sq. ft. in the R-40 Zoning--District. Status: , _N ew Application _ Action: Review submitted material. I Attachments__ ; Staff Report Project name: , Aries Estates/Tully , SCTM#: 1000-22-3-2 Location: j at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 j _ 4 Zoning District_- - - -- _ - --- - -- - - -- - - - - Status:_ i Conditional Preliminary Approval Action: Review comments from the Offices of the Town Attorney & Town Engineering Inspector. I Attachments: Staff Report _ Discussion: ■ Local Law re: Amendments to Chapter 275, Wetlands & Shoreline ■ Executive Session: Matters of Litigation HL M,-(---A3 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 January 2, 2013 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold, New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: In accordance with the resolution of the Planning Board adopted on December 17, 2012, enclosed please find a Final Plat application. Very truly yours, All Charles R. Cuddy CRC/i k i - M3t > Enclosure JAN i Page 1 of 1 Sabatino, Alyxandra K. From: Andaloro, Jennifer Sent: Thursday, December 20, 2012 10:30 AM To: Sabatino, Alyxandra K. Cc: Krauza, Lynne Subject: Tully Common Driveway Easement Attachments: Common Driveway Easement.doc Aly, Attached please find a form Common driveway easement that the Town has utilized in the past. Please forward this onto to the Applicant's attorney and ask him to redraft the easement. Additionally, I note that the present easement does not address the right of the owners of lots 1 and 2 with respect to the parcel between the proposed subdivision and Stars Road. An additional easement should be required over that parcel as well. Please ask Mr. Cuddy to call me to discuss this matter further or if he has any questions. Many thanks, Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631) 765-1939 Fax: (631) 765-6639 ATTORNEY-CLIENT COMMUNICATION;ATTORNEY WORK PRODUCT;INTER/INTRA AGENCY COMMUNICATION;NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE;DO NOT FORWARD WITHOUT PERMISSION Note- Service of legal documents is not permitted via electionic mad or fax The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s)and may contain information that is privileged,confidential and exempt from disclosure under applicable law. Unintended transmission shall not constitute a waiver of the attorney/client privilege or any other privilege This e-mail message may not be forwarded to any addressee outside of the Town of Southold intranet without the prior written consent of the Town of Southold. If the reader of this message is not the intended recipient,you are hereby notified that any review,retransmission,conversion to hard copy,copying,reproduction,circulation,publication,dissemination or other use of,or taking of any action,or omission to take action,in reliance upon this communication by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error,please(i)notify us immediately by telephone at 631-765-1939,(u)return the original message and all copies to us at the address above via the U S Postal Service,and(iii)delete the message and any material attached thereto from any computer,disk drive, diskette,or other storage device or media From: Krauza, Lynne Sent: Thursday, December 20, 2012 10:12 AM To: Andaloro, Jennifer Subject: Common Driveway Easement 2/21/2013 COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs, AND EASEMENTS SENT TO THE TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: n- c� fty1ri« Date: � ` Ila- Nia a/Department/ ontact Numb r Availability to conference if necessary: Date signature needed: D c- �(5� Type: Contract Lease f/ Easement C&Rs Other Renewal: Yes No If yes, expiration date of prior contract: Between Town and Term of contract Describe nature of contract or detail information relevant to review: rYI�R Jzr -P S� pleaw sto 12ki O- Mad Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution Required: Draft attached To be drafted by TA Office + TOUT I A 1 11 O NE Y'S CFR-,,a GRANT OF EASEMENT THIS GRANT OF EASEMENT is made on of ,2012,by and between Shawn Tully residing at 535 West 23`d Street,New York,NY 10011 (hereinafter referred as"Grantor") and Aries Estates,LLC,a New York limited liability company with an office at 535 West 23`d Street,New York,NY 10011 (hereinafter referred to as"Grantee") WHEREAS,Grantor is the owner of certain parcel adjoining Stars Road,East Marion,New York,which parcel is known as SCTM#1000-022-03-01,and more particularly described in Schedule A annexed hereto; WHEREAS,Grantee is the owner of certain parcel located at East Marion,Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; NOW THEREFORE,Grantor hereby grants,transfers and conveys to Grantee,an easement for access and utility purposes over and across the parcel described in Schedule A to a contiguous f parcel described in Schedule B. The easement is located at the southerly end of the Grantor's parcel and the easement is more particularly described in Schedule C.This easement shall run in favor of the future owners of the Lots Iand 2 on the Subdivision Map of Aries Estates,LLC as prepared by Howard Young,Land Surveyor,last dated November 9,2012. The Grantor and Grantee are responsible for maintaining and upkeep of the easement hereby granted and shall be equally shared by the future owners of Lot 1 and 2 on the Subdivision Map of Aries Estates,LLC. This Easement shall run with the land and be binding upon the heirs,successors,personal representatives and the assigns. Shawn Tully,Grantor i Aries Estates,LLC,Grantee i By: Shawn Tully,Member Page 1 of 2 STATE OF NEW YORK ) ss.: COUNTY OF ) On the day of in the year 2012,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the'basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF ) r On the day of in the year 2012,before me,the undersigned,personally appeared ,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 2 of 2 COMMON DRIVEWAY EASEMENT THIS INDENTURE, made as of this day of 20_, by , residing at , New York (hereinafter referred to as the "Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described on Schedule "A" annexed hereto and made a part hereof; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 20_, to create mutual easements for the purpose of ingress and egress in connection with said real property for the purpose of sharing a common driveway and all other lawful purposes in favor of these parcels, so that there will be only one common driveway access to serve Lots _ and WHEREAS, Declarant desires to provide for such shared driveway access to and from NOW, THEREFORE, be it declared as follows: 1. Lots _ and — shall have common driveway access to and from over the driveway on Lot_. These lots shall at all times be limited to a single shared access to and from , which shared common driveway access is more particularly bounded and described on Schedule "B" annexed hereto and made a part hereof. 2. Vehicular access to and from said driveway for said lots shall be restricted to said common driveway access. 3. With regard to the use of the common driveway referenced above, such use shall be subject to the following conditions: (A) The respective lot owners shall have the joint, equal and mutual right to use the common driveway described in Schedule "B" for the purpose of ingress and egress. (B) The terms "lot owner" or "lot owners", as used in this Easement, shall be deemed to include any heirs, distributees, successors or assigns of the particular lot owner or lot owners. - 1 - (C)' Each lot owner affected by this Easement, by accepting a deed to or taking title to Lots — and _ does hereby authorize and accept, for the lot owner and his/her heirs, distributees, successors, and assigns, all of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said common driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling in of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the common driveway described on Schedules "B" annexed hereto. (E) The owners of the respective lots, or any portion thereof, shall determine what maintenance shall be done on the respective common driveway to which they have access and the amount of money to be expended therefor, as provided in paragraph "F" hereof. Each lot owner shall be responsible for the proportion of expenses that his/her vote has to the entire number of votes eligible to be cast, but in no event more than one share per lot. (F) All decisions for improvements and/or maintenance of the common driveway shall be made by majority vote of the lot owners having rights to such driveway. Proxy votes shall not be acceptable. There shall be one vote per lot. Any lot owner may initiate a vote on any maintenance or improvement matter by sending a notice by certified mail, return receipt requested, to all other lot owners having lots to the respective driveway. Said notice shall contain all information necessary to make an informed decision on the matter. Any lot owner not voting affirmatively or negatively within thirty (30) days of the mailing of that notice shall'be bound by the decision of those who do vote. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design, type of construction and material as originally installed, unless otherwise agreed to by the owners of Lots — and _ and approved in advance by the Planning Board of the Town of Southold, so as to be passable by vehicles and this shall include prompt repair of any "potholes" or similar defects in the driveway which cause the driveway to become substandard. (H) In the event any of the lot owners fail to pay a proportionate share of maintenance expenses within fourteen (14) business days of notification of charges, such unpaid monies may be collected proportionately from each of the other lot owners. In, this event, all lot owners having duly paid both their proportionate share of expenses and that of the defaulting lot owner shall be deemed the contractors as defined in New York Lien Law. The lot owner who has not paid his/her proportionate share shall subject his/her real property to the liens of those lot owners who have paid their share or maintenance expenses. -2 - The lot owners who have paid their proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. In any action commenced against a defaulting lot owner, there shall be a rebuttable presumption that the maintenance work for which monies are owing was validly authorized by the majority of the lot owners and was competently performed by the contractor who did the work. A defaulting lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorneys' fees which are incurred by the other lot owners in recovering the defaulting lot owner's unpaid share of expenses. (1) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair,. at his/her sole cost and expense, any damage done to the driveway by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for such repair may be treated by the other lot owners as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) The owners of Lots _ and _ shall have the right to maintain, at their own cost and expense, their respective common driveway, as described on Schedules "C" and "D". All reasonable costs and expenses in constructing and maintaining the said existing driveway shall be borne by the owners of the lots benefited by the respective common driveway. (K) This Common Driveway Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission of a majority plus one of the Town of Southold Planning Board or its legal successors, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (L) This Common Driveway Easement runs with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein. - 3 - IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. Insert Declarant's Name STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the day of in the year 20_ before me, the undersigned, personally appeared ' personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -4 - retire SCOTT A. RUSSELL JAMES A. RICHTEL, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD Tel. (63 1�-765-1560 TOWN OF SOUTHOLD,NEW YORK 11971 Fax. (63 )-765-9015 oqp OFFICE OF THE ENGINEER D EC 19 2012 TOWN OF SOUTHOLD Donald J. Wilcenski December 17, 2012 Chairman - Planning Board Page: 1 of 2 Town Hall, 53095 Main Road 71 - Southold, New York 11971 Re: Aries Estates Tully Standard Subdivision SCTM#: 1000—22—03 -02 Dear Mr. Wilcenski: As per a request from your office, I have reviewed the final road&drainage plan and Final Plat for the above referenced project. These Plans, prepared by the office of Young& Young, have been dated June 25, 2010 and include the most recent revision date of November 9, 2012. Please consider the following: 1. My last report indicated that a DEC SWPPP and NOI would be required. The proposed building envelopes noted on the plan are also the proposed clearing limits. These clearing limits, as shown on the map, are over 49,000 S.F. in total area. Based on the contours provided, this area has the potential to shed stormwater to surface waters of the State. If the applicant believes that they will be clearing less than One Acre of land in all areas that are pitched toward the bluff,they must provide additional delineations, plan notes and/or other means that would restrict a cumulative ground disturbance that would be in excess of One Acre over the duration of the project. If the applicant can provide additional information that better defines the clearing limits and if this area is clearly less than one acre,this plan may be reviewed under Town Code Chapter 236 for Stormwater Management only. 2. If the existing residence is to remain, and that fact is used to minimize the clearing limits noted above,the drainage review under Chapter 236 will require new drainage calculations and design to cover all impervious surfaces associated with the existing residence. 3. The Right-of-Way/ Driveway Section, provided on the plan, specifies a Leaching Catch Basin in the center of the roadway. The detail also shows a 3" crown in the road section and a note that indicates how the road should be graded on each side of the proposed leaching pool. A plan detail should be shown to indicate how this grading will be warped to achieve the containment of storm water run-off. 4. The site plan shows an existing "Earth Road" running in a North & South direction along the easterly property line. The site plan also shows existing utility poles running along the westerly side of this roadway which encroaches into the open space areas that have been designated for lots one&two. Has this encroachment been acknowledged by C&R's or Easements that would allow this infringement to remain? Page 1 of 2 Donald J. Wilcenski, Chairman - Planning Board December 17, 2012 Re: Aries Estates/Tully Standard Subdivision SCTM#: 1000—22—03—02 Page 2 of 2 5. Drainage Design Criteria&Calculations have been provided for the construction of a new stone blend driveway. This drainage design meets the minimum requirements of Chapter 236 for Storm Water Management as it relates to the new road construction. Any and all new construction proposed for the residential lots must meet the minimum requirements of the DEC General Permit for Construction Activities where a cumulative land disturbance exceeds one acre. Please keep in mind that all new construction must, at a minimum, meet Town Code Chapter 236 requirements for Storm Water Management. 6. All excavated and/or graded earth materials that will be stockpiled on site during construction must be seeded and protected from erosion. 7. 'Will the Planning Board require Street Trees for this subdivision? 8. Will the Planning Board require Street Lights for this subdivision? 9. Has the local Fire Commissioners determined the need for a Fire Well? 10. 1 remember discussing the submission of a draft bond estimate by the applicant. Significant changes have been made and this draft estimate should be revised and re-submitted for review by the Town. If you have any questions regarding this Subdivision Review, please contact my office. inc ely, , ,es A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) ow��c '' MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SU!/Ty P.O.Box 1179 DONALD J.WILCENSKI �� �l Southold,NY 11971 Chair O OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �yCoUNTY,� Southold,NY Telephone: 631765-1938 Fax_ • 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 18, 2012 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: 2"d Conditional Preliminary Approval: Proposed Standard Subdivision of Aries Estates (Shawn Tully) Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 17, 2012: WHEREAS, this proposal is for a standard subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 3.7 acres, ,including 1.4 acres of open space, and Lot 2 equals 7.7 acres, including 5.1 acres of open space, in the R-80 Zoning District; and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map entitled "Reduced Density/Cluster Preliminary Plat" for Shawn Tully, prepared by Howard Young, L.S., dated August 14, 2009 and last revised on April 6,,2009, subject to conditions; and WHEREAS, Preliminary Plat Approval expired beyond the point where it can be extended,pursuant to Southold Town Code §240-19 G; and WHEREAS, on August 29, 2012, the'applicant re-submitted a Preliminary Plat Application along with the required fees; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants 2nd-Conditional Preliminary Plat Approval upon the map entitled "Reduced Density/Cluster Preliminary Plat" for Shawn Tully, prepared by Howard Young, L.S., dated August 14, 2009 and last revised on-April 6, 2009, subject to conditions. Aries Estates Page Two December 18, 2012 Preliminary Plat Approval is valid for six months. Within six months of the date of this approval, a Final Plat Application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman MAILING ADDRESS: PLANNING BOARD MEMBERS OF S0 P.O.Box 1179 DONALD J.WILCENSKI Q�`v y0l Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS C Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR �� (cor.Main Rd. &Youngs Ave.) yC�� � Southold,NY Telephone: 631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino, Planner Date: December 14, 2012 ��. Re: Aries Estates Application Name: Standard Subdivision: Aries Estates Tax Map Number: 1000-22-3-2 Location: The property is located approximately 334.1` to the east of Stars Road in East Marion. Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) X Final Subdivision Map (Dated: 11/9/12 ) Road Profiles (Dated: ) X Grading and Drainage Plans (Dated: 11/9/12 ) Other: Yield Plan (Dated: ) Site Plan (Dated: ) Revised Site Plan (Dated: ) Grading and Drainage Plans __ (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposal is for a standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 3.7 acres, including 1.4 acres of open space, and Lot 2 equals 7.7 acres, including 5.1 acres of open space, in the R-80 Zoning District. Thank you for your cooperation. Page 1 of 1 Sabatino, Alyxandra K. 4u 1,n -V S _►-___-- 1 From: Charles Cuddy[Charles.Cuddy@Verizon.Net] Sent: Tuesday, November 27, 2012 12:04 PM U To: Sabatino, Alyxandra K. Subject: Aries Estates subdivision (Shawn Tully) Attachments: img-Y27125405.pdf Aly: Attached please find a revised Open Space Conservation Easement as requested at paragraph 4.04 Permitted Uses and Structures. Would you please confirm that all of the requirements, except of posting the bond or letter of credit, have been complied with. Charles R. Cuddy - ; DEC 4 2012 ~- Sout`�old Tovdn Flznnmyoar� 12/4/2012 I OPEN SPACE CONSERVATION EASEMENT I THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2012 at Southold,New York.The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor")and the Town of Southold, a municipal corporation,having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas,Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2,and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates,LLC prepared by Howard Young, Land Surveyor,last dated November 9,2012,which map is to be filed in the Suffolk County Clerk's office;and described in Schedule A,and hereinafter referred to as the"Premises." Whereas,General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements,which may be necessary and desirable for the preservation, conservation,and retention of open spaces and areas of scenic and natural quality;and Whereas,Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land,including development rights, easements,covenants,and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60%of the buildable lands as open space in perpetuity;and Whereas, as a condition of.approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.4659 acres portion of the subject property described in Schedule A,attached hereto and made a part hereof,shown on the aforementioned Subdivision Map as the"Open Space Conservation Easement Area"and hereinafter referred to as the"Easement Area;"and Whereas,as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map;and NOW THEREFORE,Grantor hereby grants,transfers and conveys to Grantee,an Open � -1- i i l - OPEN SPACE CONSERVATION EASEMENT I THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2012 at Southold,New York.The parties are Aries Estates,LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor'D and the Town of Southold,a municipal corporation,having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold,Suffolk County,New York,identified as SCTM#1000-22-3-2,and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates,LLC prepared by Howard Young, Land Surveyor, last dated November 9,2012,which map is to be filed in the Suffolk County Clerk's office;and described in Schedule A,and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities,including Towns,of fee title or lesser interests in real property, including conservation easements,which may be necessary and desirable for the preservation, conservation,and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the Iaws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land,including development rights, easements,covenants,and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60%of the buildable lands as open space in perpetuity;and Whereas,as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation,the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.4659 acres portion of the subject property described in Schedule A.attached hereto and made a part hereof,shown on the aforementioned Subdivision Map as the" Open Space Conservation Easement Area"and hereinafter referred to as the"Easement Area;"and Whereas,as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map;and NOW THEREFORE,Grantor hereby grants,transfers and conveys to Grantee,an Open "I- Space Conservation easement in gross,which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map,herein referred to as the Easement Are,more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A,and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt,provided that any lien or mortgage or other rights granted for such purpose,regardless of date,are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording,foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space,scenic,natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values.This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic,and natural resource qualities,including agricultural soil,by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof,in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts,mutual promises,undertakings,and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement(herein called the "Easement").This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited herein. Reference to this"Easement"or its"provisions"shall include any and all of those covenants,restrictions,rights,terms and conditions. -2- i 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area,and shall extend to and be binding upon Grantor,Grantor's agents,tenants, occupants,heirs, personal representatives,successors and assigns,.and all other individuals and entities.The word "Grantor"when used herein shall include all of those persons or entities.Any rights,obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents,successors,and assigns,and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval,hereby grants,releases,and conveys to Grantee this Easement,in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts,uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation. Grading and Removal of Materials Mining The excavating,grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited.Mineral exploitation, and extraction by any method, surface or subsurface,is prohibited. The removal of topsoil,sand,aor other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3,04 Dumping The dumping or accumulation of unsightly or offensive materials including,but not limited to trash, garbage,sawdust,ashes or chemical waste on the Easement Area is prohibited.This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices,including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Sims i The display of signs,billboards,or advertisements is prohibited,except signs whose placement,number,and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants,b)to temporarily advertise the Easement Area or any portion thereof for sale or rent,(c)to post the Easement Area to control unauthorized entry or use,or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Ve etg Cation Except for farming and landscaping as set forth at Section 4.04 the removal of trees,shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations(CAFO's)as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Utilities i The creation or placement of overhead utility transmission lines,utility poles is prohibited, except to service structures or activities as provided in Section 4.04 hereof.Utilities must be installed underground. 4- I i 3.10 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited.Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.11 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited.The use of the Easement Area for drainage is prohibited,except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. I 3.12 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area,some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use ` Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State,or federal i law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation,mow,maintain and cultivate the Easement Area for the purposes of planting field crops,fruits and vegetables as well as providing a paddock area for horses;further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas.Fencing to protect crops or to contain horses , may be constructed with no prior approval from the Planning Board.In addition the Grantor shall have the right to complete(in accordance with the approved road and drainage plan),use and maintain the 25 foot right-of-way and any associated improvements as shown on the final subdivision map. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement,including but not limited to any type of paved areas(except is any is permitted or required for the right of way),tennis courts,swimming pools, off-road motorized vehicles(e.g. dirt bikes,"ATVs"),shooting ranges,and other uses similar in character and potential impact as determined by the Planning Board. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes,levies,and assessments and other governmental or municipal charges,which may become a lien on the Easement Area,including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes,levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability,costs, attorney's fees, judgments or expenses to Grantee or any of its officers,employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes,levies or assessments upon it or resulting from this Easement,all of which are considered Grantor's sole obligations. 5.03 Third Pga Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs,attorneys' fee, judgments,or expenses to Grantee or any of its officers,employees, agents or independent contractors resulting:(a)from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents,or independent contractors;and(b)from actions or claims of any nature by third parries arising out of the entering into or exercise of rights under this easement,excepting any of those matters arising solely from the acts of Grantee,its officers,employees,agents,or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times,upon -6- i y ! prior notice of at least thirty(30)days to Grantor,unless Grantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement,and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area,for the purpose of - inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee,its successors,assigns,agents,attorneys,representatives and affiliates shall not interfere i with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose,except pursuant to 6.03 (ii)hereof,nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement,Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary.However,Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including,without limitation, fire,flood, storm,and earth movement,or from any prudent action taken by Grantor under emergency conditions to prevent,abate,or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate.Therefore, in addition to,and not in limitation of,any other rights of Grantee hereunder at law or in equity,in the event any breach,default or violation of any term, provision,covenant r obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15)days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach,default or violation which,in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement),Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach,default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto,or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms,conditions, covenants,obligations and purposes of this Easement;provided,however,that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or ' a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach,default or violation of any term,condition,covenant or obligation under this Easement. -7- If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee,all reasonable attorney's fees,court costs and other expenses incurred by Grantee(herein called "Legal Expenses")in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandin This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement,and that some activities may require the discretionary consent of Grantee.To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument,provided that in the sole and exclusive judgment of the Grantee,and after a public hearing by the Southold Town PIanning Board,and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor,such amendment or discretionary consent further or is not inconsistent with the purpose of this grant.Amendments will become effective upon recording. Notwithstanding the foregoing,the Grantee and Grantor have the right or power to consent to any action.or agree to any amendment that allows development other than structures already allowed in this document,or that would result in the substantial alteration to or destruction of important natural resources,contradict the purpose of this easement,or limit the term or result in termination of this Conservation Easement,or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid,the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall -8- not be affected thereby. 7.04 Notice All notices required by this Easement must be written.Notices shall be delivered by hand or express,certified or registered mail,return receipt requested,or by certified mail,with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 7.04.Mailed notice to'Grantee shall be addressed to its principal office,recited herein,marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity,construction, interpretation,breach,violation and performance,except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction,no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement.Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties.The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant,to the public any right to enter upon the Easement Area. 7.08 Warranties c The warranties and representations made by the parties in this Easement shat survive its execution. -9- 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire AQxeement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF,Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates,LLC By: Shawn Tully,Member/Grantor Town of Southold(Grantee) By: Supervisor STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2012,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the -10- f, i instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2012,before me,the undersigned,personally appeared ,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public -11- Page 1 of 1 Sabatino, Alyxandra K. From: Charles Cuddy[Charles.Cuddy@Verizon.Net] Sent: Wednesday, November 14, 2012 1:41 PM To: Sabatino, Alyxandra K. Subject: Aries Estates subdivision (Shawn Tully) Attachments: img-Y14143409.pdf Aly: I have prepared a proposed Grant Easement for the above subdivision. Please review it and advise if it is satisfactory. Charles R Cuddy ,r R N@V i 2012 11/15/2012 f Imo? GRANT OF EASEMENT THIS GRANT OF EASEMENT is made on of ,2012,by and between Shawn Tully residing at 535 West 23rd Street,New York,NY 10011 (hereinafter referred as"Grantor") and Aries Estates,LLC, a New York limited liability company with an office at 535 West 23rd Street,New York,NY 10011 (hereinafter referred to as"Grantee") WHEREAS, Grantor is the owner of certain parcel adjoining Stars Road,East Marion,New ' York,which parcel is known as SCTM#1000-022-03-01,and more particularly described in Schedule A annexed hereto; WHEREAS,Grantee is the owner of certain parcel located at East Marion,Town of Southold, New York known as SCTM#1000-022-03-2 described in Schedule B annexed hereto; i NOW THEREFORE,Grantor hereby grants,transfers and conveys to Grantee,an easement for access and utility purposes over and across the parcel described in Schedule A to a contiguous parcel described in Schedule B. The easement is located at the southerly end of the Grantor's parcel and the easement is more particularly described in Schedule C.This easement shall run in favor of the future owners of the Lots 1 and 2 on the Subdivision Map of Aries Estates,LLC as prepared by Howard Young,Land Surveyor,last dated November 9,2012. The Grantor and Grantee are responsible for maintaining and upkeep of the easement hereby granted and shall be equally shared by the future owners of Lot 1 and 2 on the Subdivision Map of Aries Estates,LLC. This Easement shall run with the land and be binding upon the heirs, successors,personal representatives and the assigns. Shawn Tully, Grantor i Aries Estates,LLC,Grantee By. Shawn Tully,Member Page 1 of 2 STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2012,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the,individual,or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2012,before me,the undersigned,personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public Page 2 of 2 AS 6�_2 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailino Address: TEL: (631)369-8200 P.O.Box 1547 FAX. (631)369-9080 Riverhead,NY 11901 November 13, 2012 E-mail: charles.cuddy@verizon.net Ms . Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 NOV 1 4 2012 Southold, New York 11971 RE: Aries Estates subdivision y Dear Ms . Sabatino: Enclosed are twelve (12) prints each of the Final Road and Drainage and Final Plat, last dated November 9, 2012, amended in accordance with the Planning Board' s comments set forth in the letter dated October 25, 2012 . Very truly yours, Charles R. Cuddy CRC/ik Enclosure �- \ r t. kS CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL- (631)_369-8X0 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 October 26, 2012 E-mail: charles.cuddy@verizon.net C� I Ms . Alyxandra Sabatino, Town Planner Southold Town Planning Department ! PO Box 1179 NOV - 1 2012 -Southold, New York 1197-1 RE Aries Estates subdivision - " n Dear Ms . Sabatino: I'm enclosing several pictures of the Shawn Tully parcel at the bluff-beach area. You will recall that the Board recommended that there be plantings to stabilize the beach and bluff area. Mr. Tully has indicated that this area has grown on its own and the pictures -reflect that . Please confirm that it is not necessary to plant additional grasses at the site. Ve'ryyj truly yours, Charles R. Cuddy CRC/ik Enclosure a 7.1 46 Al iF . i i • 3 1 v, I I II ! t ' I t. r r. t r r , -' MAILING ADDRESS: PLANNING BOARD MEMBERS OF SQP.O.Box 1179 DONALD J.WILCENSKI ��� yQ� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORCOU��.�y'� Southold, NY ��YY���� Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 2012 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located approximately 334.1' to the east of Stars Road in East Marion SCTM#1000-22-3-2 Zoning District: R-80 -Dear Mr. Cuddy: The Southold Town Planning Board has reviewed the Office of the Town Engineer and Staff comments for the above-referenced application at their October 22, 2012 Work //Session and decided the following: '/1. Amend the submitted Covenants and Restrictions to reflect the new right-of- way changes on the plat. In Covenants 1-2, all references to access via the entrance from Kayleigh's Court must be replaced with the new Stars Road access language. Schedule B must also be revised to describe the new Stars Road access. /2. Amend the submitted Open Space Conservation Easement to reflect the new right- of-way changes on the plat. 4.04 Permitted Uses and Structures must be amended to include the 25' right-of-way and any associated required improvements. 3. Submit an easement to allow access to Lots 1 and 2 over the proposed 50' wide right-of-way directly to the west (now or formerly Shawn P. Tully) of the subject property. 1 Nd lone,�cr r\-C�-4- If the combined ground disturbance resulting from construction activities & grading of this site will be greater than one (1) acre in area, a DEC SWPPP and NOI will be required. If the applicant wishes to show that the area disturbed will be less than one acre, the plat must clearly show the limits of potential clearing and calculations of the area that will be disturbed. Aries Estates Page Two October 25, 2012 •,`5. Provide construction details for road pavement sections, proposed drainage structures, erosion & sediment controls and other stormwater related construction management practices. 6. The previously submitted Draft Bond Estimate should be amended as needed and re-submitted for review and approval. 7. Changes to the Final Plat are as follows: �a. The existing building located on Lot 2 encroaches over the building envelope. Move the east building envelope line to exclude the edge of the existing building. b. The right-of-way is labeled as a common driveway. This is not correct; re-label it to read "25' Right-of-Way with a 16' Stone Blend Road". ✓c. The east/west right-of-way located in the South of the property must be removed. The Planning Board cannot approve any access at this time to the Kayleigh's Court entrance. ✓d. The right-of-way extending from Kayleigh's Court to the subject property must be removed from the plat. The Planning Board cannot approve this eentrance into the subject property at this time. . The open space area located immediately south of Lot #1 appears to be an independent lot, shown with a solid line. This line should be amended and shown as a dashed line. ✓f. Drainage Design Criteria & Calculations have been provided for Leaching Catch Basins (LCB) 1 through 4. The Final Road & Drainage Plan indicates the installation of 5 LCB. The calculations provided on the plan should be amended to include the 5th LCB. If you have any questions, please do not hesitate to contact this office. Very truly yours, Coll vofv�� &I Alyxandra Sabatino Planner I AS CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL- (631)369-8200 P.O Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 October 23, 2 012 E-mail: charles.cuddy@verizon.net Ms. Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold, New York 11971 RE: Aries Estates subdivision Dear Ms . Sabatino: Enclosed please find a revised Declaration of Covenants and Restrictions in connection with the above subdivision. This Declaration now reflects the new access easement and right of way. Please review and advise if this is now satisfactory so it may be signed and recorded. Very truly yours, Charles R. Cuddy CRCiik Enclosure [� �� OCT 15 2012 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of , 2012,by Aries Estates,LLC a New York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion,Town of Southold,County of Suffolk,State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application; and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE; THIS DECLARATION'WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the standard Subdivision Map of Shawn Tully dated October 15, 2012, which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, Page 1 of 4 r their heirs, executors, legal representatives, distributees, successors, and assigns,to wit: 1. The owner of lot 1 as shown an the subdivision map to be filed with the Suffolk County Clerk shall have an easement for ingress and egress as well as for utilities over that area designated as right of way and access easement,the description of which is annexed hereto as Schedule B. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot. Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 6. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus, as shown on the standard Subdivision Map of Shawn Tully dated October 15, 2012, for a distance of 160 feet from the northerly line of the driveway. 7. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 8. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity.(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES)Program. 9. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Page 2 of 4 r Code. 10. All utilities must be located underground. 11. Pervious driveways and the access right of way designated as "right of way and access easement" shall be used to serve each of the lots on the approved subdivision map. 12. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 13. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 14. Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the "wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon.the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Page 3 of 4 The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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, terminated,revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first,above written. Aries Estates,LLC By: Shawn Tully,Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2011, before me, the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 Southold Town Planning Board Work Session — October 22, 2012 — Page Two Project name: ; Indian Neck Farm ; SCTM#: ! 1000-98-1-27.1 & 2.1 1 j Location: 4170 Indian Neck Lane, on 133+ acres on the south side of Indian Neck " Lane, 646 feet west of Arrowhead Lane, Peconic, in the AC Zoning District { Description: ff This site plan is for a change of use of 3 accessory barns from residential; I accessory structures to primary agricultural structures for the purpose to ! stable horses. Barn #1, noted as#17, on the site plan is 5,087 s.f., Barn E #2, #18, is 6,885 s.f. and Barn #3, #19, is 5,087 s.f. Also, part of the proposal is a request for an apartment of 1,243 s.f. on the second floor of Barn #2 for the purpose of on-site supervision of the farm, six (6) ! proposed 12' X 24' pasture shelters and two (2) 12' diameter silos noted ---I_ . #20. _ _ Status: ; Final Pending Inspection --- --- ---- - - -------- - - -- - - - - - ! Action:_ _ i Review comments from Final Site Inspection. " Attachments: Staff Report I Project-name: ! T.K. Alpha, LLC Shopping Ctr.- SCTM#: ' 1000-140-2-20 - --- -- - - - -- - - -- - - --- -- Location: __ j_535 Pike Street, Mattituck Description: — ; This site plan is for the proposed construction of a 2,475 s.f. mix-use I ' building consisting of two store fronts for a 1,100 s.f. retail store and 1,375 s.f. restaurant. There is an existing 605 s.f. building proposed to be removed on an 11,561 s.f. parcel located on the north side of Pike I Street, approximately 100 feet east of Love Lane, in the Hamlet Business' _ ! Zoning District. - Status: I Pending j Action_ _ ____[.Status Up-date I Attachments_ Letter dated 4/27/12 _ Project name:_ _ _ ► Neumann, James SCTM#: 1000-107-1-1.1, 107-1-1.2 Location: _ Mattituck Creek and Mill Road, Mattituck ' Description: This proposal is to subdivide a 24.9 acre parcel into 5 lots. The parcel borders Mattituck Creek in the-R-80 R-80 Zone. One residen--- -- ce---already exists. -- - ------ -- --- - -- - - - - - - - Status: _ _ i Conditional Sketch Approval i ! Action:_ _ Review comments from referrals. Attachments: _ Staff Report ----- --- ------ -- - - - - -- -- Project name: _ l,Aries Estates/Tully SCTM#: 1000-22-3-2 I Location: t at the westerly terminus of a private right-of-way which extends north _ i from Kayleigh's Court in East_ Marion ; Description: Standard Subdivision of an 11.441,8-acre parcel into two lots, where Lot 1 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 _ 1 Zoning District. i Status: _ Conditional Preliminary Approval ! Action: Review comments from Staff& Town Engineering Inspector_ Attachments: Staff Report CHARLES R.CUDDY 6� ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8700 P.O Box 1547 FAX- (631)369-9080 Riverhead,NY 11901 October 19, 2012 E-mail: charles.cuddy@verizon.net Ms . Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold, New York 11971 RE: Aries Estates subdivision Dear Ms. Sabatino: We are enclosing eight (8) prints of the Final Plat, last dated October 15, 2012, together with eight (8) sets of the Final Road and Drainage Plan, last dated October 15, 2012, amended as requested. Very truly yours, 1 ' Charles R. Cuddy CRC/ik Enclosure OCT 222012 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address. TEL: (631)369-8200 P.O.Box 1547 FAX• (631)369-9080 Riverhead,NY 11901 October 9, 2012 E-mail• charles.cuddy@verizon.net Ms . Alyxandra Sabatino, Town Planner Southold Town Planning Department PO Box 1179 Southold, New York 11971 RE: Aries Estates subdivision-Open Space Calculation Dear Ms . Sabatino: Confirming our telephone conversation §240-42 of the Town Code states that in a cluster development in the R-80 Zoning Use District the developer must set aside a minimum of 60% of the buildable lands as open space (emphasis supplied) . The definition of buildable lands excludes beaches and bluffs . I believe the calculation of open space in the Aries Estates subdivision map is correct and exceeds the requirement . Very truly yours,, Charles R. Cuddy CRC/ik Enclosure - _ j. r . SCOTT A. RUSSELL JAMES A. RICHTER, R.A. SUPERVISOR CZ 11 - MICHAEL C. COLLINS, P.E. C4 TOWN HALL - 53095 MAIN ROAD Tel. 63311�-765-1560 TOWN OF SOUTHOLD,NEW YORK 11971 Fax �6 -765-9015 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD_= Donald J. Wilcenski ,September 12, 2012 Chairman - Planning Board I Page: 1 of 2 Town Hall, 53095 Main Road 1 Southold, New York 11971 Re:-'kriesEs6tes Tully_Standard Subdivision SbTM'-'#:'i a6d—22—03 -02 Dear Mr. Wilcenski: As per a request from your office, I have reviewed the final road&drainage plan and Final Plat for the above referenced project. These Plans, prepared by the office of Young& Young, have been dated June 25, 2010 and include a revision date of August 4, 2012. Please consider the following: 1. As indicated by my last report, if the combined ground disturbance resulting from construction activities &grading of this site will be greater than one (1)acre in area, a DEC SWPPP and NOI will be required. 2. Site Access has been revised to include an entrance directly from Stars Road. In addition,the site plan still indicates that the proposed road will continue to extend across the Southerly portion of Lot#2 which will allow access to Stars Road by adjacent Property Owners. Is it the intent of the Planning Board to create access to Stars Road from easterly Property Owners and will formal easements be required to establish this right of use? [Please Note:Existing access to the adjacent properties comes from Kayleigh's Court. This existing access is considered narrow with restricting 90 degree turns. A Planning Board requirement to provide an optional entrance for these properties would improve access by emergency equipment,] 3. Top of Bluff has been indicated well down the embankment where there is as much as a 60%slope immediately adjacent to the beach. This steep eroded slope extends upward in the direction of a 20'contour where that slope transitions into an .approximate 15%slope reaching uphill to approximately the 30'contour. Itisatthat point where the trend of land slope changes once again to a more gradual land slope of3%to4%. It would appear that this 30' contour is the location where the trend of land slope significantly changes to begin its descent to the shoreline. I would recommend that the indicated"Top of Bluff'location be reviewed&approved by the Board of Trustees. Building Envelopes and Coastal erosion hazard lines may need to be modified based on the Trustees findings. [See: Definition of"BLUFF"below.] Page 1 of 2 k ' Donald J. Wilcenski, Chairman - Planning Board September 12, 2012 Re: Aries Estates/Tully Standard Subdivision SCTM#: 1000—22—03—02 Page 2 of 2 4. Drainage Design Criteria & Calculations have been provided for LCB 1 through 4. The Final Road &Drainage Plan indicates the installation of 5 Leaching Catch Basins. The Calculations provided on the plan should be amended to include the 5th LCB. 5. Construction details for road pavement sections, proposed Drainage Structures, Erosion&Sediment Controls and other stormwater related construction management practices have not been provided. 6. The open space area located immediately south of Lot#1 appears to be an independent lot. Is this open space area part of lot# 1? 7. My last report indicated that the applicant had submitted a Draft Bond Estimate. This Draft Estimate should be amended as needed and re-submitted for review and approval. If you have any questions regarding this Subdivision Review, please contact my office. S' ce ly, mes . Richter, R.A. cc: Peter Harris (Superintendent of Highways) Southold Town TRUSTEES PLEASE NOTE: §275-2. Definitions;word usage. BLUFF-Any bank or cliff with a precipitous or steeply sloped face adjoining a beach or a body of water. The waterward limit of a bluff is the landward limit of its waterward natural protective feature.Where no beach is present,the waterward limit of a bluff is mean low water.The landward limit is 25 feet landward of the receding edge or,in those cases where there is no discernible line of active erosion,25 feet landward of the point of inflection on the top of the bluff. The "point of inflection" is that point along the top of the bluff where the trend of the land slope changes to begin its descent to the shoreline. MT,AS CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFINGAV E NUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8XO P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 September 10, 2012 E-mail- charles.cuddyC&vor-izomneh j Ms . Alyxandra Sabatino, Town Planner I �,`,` SEP 11 2012 'J Southold Town Planning Department PO Box 1179 Southold, New York 11971 Ser"c;d Twin RE: Aries Estates (Shawn Tully) -2-lot subdivision Dear Ms . Sabatino: In accordance with the Planning Board' s request we are resubmitting the application for preliminary plat approval. Please advise that except for a report from the Town Engineer there are no. further requirements to be complied with in order for the applicant to have a resolution granting final approval. Very truly yours, A6Charles R. Cudd CRC/ik Enclosure CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailino Address: TEL. (631)369-8200 P.O Box 1547 FAX. (631)369-9080 Riverhead,NY 11901 August 29, 2012 E-mail- charles.cuddy@verizon.net Ms . Alyxandra Sabatino Southold Town Planner PO Box 1179 Southold, New York 11971 RE: Aries Estates (Shawn Tully) Dear Ms . - Sabatino: In order to expedite approval of this subdivision, I enclose three checks which were the subject of discussion at the Planning Board' s work session on Monday, August 271'', as follows: 1) A check in the sum of $7, 000 for the park and recreation fee. 2) A check in the sum of $1, 000 for the preliminary plat fee 3) A check in the sum of $500 for the final plat fee -.-�' Please let me know what further steps must be taken in order to have the final map approved. Very truly yours, Charles R. Cudd CRC/pc _r Enclosure � •-,,-s AUG 13 d 2012 [ MAILING ADDRESS: PLANNING BOARD MEMBERS *Qf SU(/T P.O.Box 1179 DONALD J.WILCENSKI ��V� y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS cn Town Hall Annex KENNETH L.EDWARDS G 0 Q 54375 State Route 25 JAMES H.RICH III Ql (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR y�'DUIVT`I,�c� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 29, 2012 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board has reviewed the above-referenced application at their August 27, 2012 Work Session and decided the following: 1. Pursuant to Town Code §240-19 G., the Preliminary Plat Approval granted on June 14th 2010 has expired beyond the point where it can be extended. Submit a new Preliminary Plat Application with the required $1,000.00 fee. " 2. The Final Plat Application has been submitted, however, it is missing the $500.00 fee and is incomplete. Please submit the Final Plat Application Fee. 3. There remain outstanding two conditions from the previous Conditional Preliminary Plat approval. Please fulfill the following conditions prior to consideration of the Final Plat Application: �,//a. Submit a $7,000.00 Park and Playground Fee b Submit the Administration Fee as determined by the Office of the Town Engineer. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner rl' w MAILING ADDRESS: PLANNING BOARD MEMBERS *QF SU!/T P.O.Box 1179 DONALD J.WILCENSKI �o� y�lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDSG �Q 54375 State Route 25 JAMES H.RICH III �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ��DUNT�,� Southold,NY Telephone:631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Alyxandra Sabatino, Planner Date: August 28, 2012 Re: Aries Estates/Tully Standard Subdivision Application Name: Aries Estates/Tully Standard Subdivision Tax Map Number: 1000- 22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: ) X Final Subdivision Map (Dated: Aug. 4, 2012) X Road Profiles (Dated: Aug. 4, 2012) X Grading and Drainage Plans (Dated: Aug. 4, 2012) X Other: Bond Estimate (Dated: Sept. 14, 2009) Site Plan (Dated: ) Revised Site Plan (Dated: 1 Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. Thank you for your cooperation. September 14, 2009 DRAFT BOND ESTIMATE Prepared for Shawn Tully at East Marion,(based an Reduced Density/Cluster PrnSouthold, New York �lftmirQ ary Plat last dated August. 11, 2009) Item Item Descrit�tion Ply. & Unit UM Price T r - 1 Clearing& Grubbing 2 Rough Grading/Unci. Excavation1.0 Acres $2,500.()0 $2,500.00 3 Fine Grading 1,435 C.Y. $2.00 $2,870.00 4 Leaching Catch Basin - 10`Dia, 3,450 S.Y. $1.50 $5,175.00 5 COInpacted Soil Sub-Base - 6" 4 Each $2,0()0.00 $8,000.00 6 3/4" Stone Blend Wearing Course 3450 S.Y. $1.50 $5,175.00 7 Topsoil &Seed 195 C.Y. $30.00 $5,850.()0 1,900 S.Y. $.2.00 $3,800.00 Sub-Total = $33,370.00 + 6 %Administration Fee = $2,002.20 TOTAL ^ $35,.372.20 Excludes Water Main, Electric, Gas & CATV f .t Southold Town Plait,ei ig Board Work Session -August 2 ,2012 - Page Two Project name: ; Sherwood House Vineyards —_ ; SCTM#_ 1000-100-4-5.3 _ Location: _ _ 2600 Oregon Road, Mattituck ! Description: ; This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine j tasting area that will include a 4,453 s.f. gravel parking lot with a connecting paved footpath. - ---------------- - - Status: ; Denied { Action: Review request from agent_ Attachments: Staff Report - -------------- ---- _ - - - - - - - ( Pro- ject name^ Aries Estates/T--ully _ _ SCTM#:1 1000-22-3-2 { Location: at the westerly terminus of a private right-of-way which extends north s from Kayleigh's Court in East Marion I Description: 1-St-a-n---d-a--rdSubdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. - - - -- ------------------------------- ------------ — - --- -- ----- -- i Status: Conditional Preliminary Approval Action: Review revised maps & next steps. - - --- - Attachments: ! Staff Report Project name: i Peconic Land Trust/Oysterponds ; SCTM#: ' 1000-31-5-6 G_ i Historical Society_ Location: _ t 12395 Main Road, East Marion Description: I This proposal is for a standard subdivision of a 7.2 acre parcel into two lots where Lot 1 = 3 ac. to be preserved entirely as open space and Lot 2` j = 4.2 acres including a 1.6 ac. historic preservation/accessory structure area and 2.6 acres of preserved open space_in the R-80 Zoning District. Status:, New Application _ Action: Review for com leteness. Attachments. i Staff Report Discussion: ➢ ZBA Comments re: Peconic Landing proposed additional apartment building ➢ Local Law re: Amendments to Chapter 117, TDRs in Connection with Sanitary Flow Credits ➢ Draft Comments re: Ciaglo Change of Zone Application, SCTM#1000-69-4-8.5 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 PAX: (631)369-9080 Riverhead,NY 11901 August 7, 2012 E-mail: charles.cuddy@verizon.net Heather Lanza, AICP Town Planning Director PO Box 1179 Southold, New York 11971 RE: Aries Estates (Shawn Tully) - Standard 2-lot Subdivision Dear Ms . Lanza: Enclosed are nine (9) prints of the Final Plat last dated August 4, 2012, and nine (9) prints of the Final Road and Drainage Plan last Dated August 4, 2012, for the above subdivision. The map has been amended to indicate a 16 foot wide driveway and 50 foot wide right of way from the westerly line of the subdivision to Stars Road. Please advise when this subdivision will be on the Board' s work session agenda. Very truly'yours, CRC: ik Charles R . Cuddy Enclosure f ,1 M2 AUG 9 { W CHARLES R.CUDDY 9 4 ATTORNEY AT LAW C, 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address. TEL. (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 July 10, 2012 E-mail: charles.cuddy@verizon.net Heather Lanza, AICP Town Planning Director PO Box 1179 Southold, New York 11971 RE: Aries' Estates (Shawn Tully)-- -atandard S-abi,isio n Dear Ms . Lanza: My client, who has been at the subdivision process for more than 5 years, very much would like to obtain final approval . He was indeed hopeful to secure an additional 5 ft. from his neighbor on _ the east side of the subdivision. Unfortunately obtaining this additional 5 fr. seems to be a task that will be an exercise in infinity. , Under the circumstances, Mr. Tully would agree to enter the subdivision from Stars Road providing no improvements to the erit1ance road would be required until a building permit is issue: In addition, he would like the opportunity to amend the subdivision map in the event that the additional 5 ft . becomes available, at sometime in the future, thereby permitting access from the east . Pie-ase. iet rile knC,V ,if we can, this .before the members of the Planning Board. Very truly yours, Charles R. 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Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review submitted items: 1. Open Space Conservation Easement 2. Grant of Access 3. Draft Common Driveway Easement 4. Covenants and Restrictions V: Analysis 1. The following was required at the 11/4/13 work session: • Revise the Draft Open Space Conservation Easement as follows: a) (3.09 Utilities) Currently, the existing utility poles are located in the easterly driveway reserve area (located on proposed Lot 1) not in the Open Space Easement Area. Remove all references to utilities poles. b) The well located on Lot 2 must be added to the Open Space Conservation Easement as a permitted use pursuant to §240-44 (as discussed and approved at the 10/21/13 Work Session). I Southold Planning Department Staff Report c) Please see the attached easement for all other changes to capitalization and consistency between the map and Open Space Easement terminology. 1. Submitted as requested. • Revise the Draft Grant of Access Easement as follows: d) Title change from "Grant of Easement" to "Grant of Access Easement". e) Please see the attached easement for all other changes to capitalization and consistency between the map and Access Easement terminology. 1. Submitted as requested. • Revise the Draft Common Driveway Easement as follows: f)Include as the 2nd whereas: " WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2013, to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto'; g) Please see the attached easement for all other changes to capitalization and consistency between the map and Common Driveway Easement terminology. 1. Submitted as requested. • Revise the Draft Covenants and Restrictions (C & Rs) to include the following: h) Required additions as discussed and approved at the 10/21/13 Work Session: i. Driveway construction on Lots 1 & 2 must meet all requirements of Chapter 236 Storm Water Management of the Southold Town Code to ensure that all storm water run-off is contained on the subject property. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the Office of the Town Engineer. ii. The existing driveway that runs through the open space must be abandoned after final subdivision approval is granted. A driveway is not a permitted use in the open space. • Please see the attached C & Rs for all other changes to capitalization and ,consistency between the map and C & R terminology. 1. Submitted as requested. 2 Southold Planning Department Staff Report 2. August 30, 2012 the agent submitted the required $7,000 park and playground fee. 3. At the November 4, 2013 public meeting, the Planning Board passed a resolution accepting the draft bond estimate. 4. On February 10, 2014 the agent submitted the required $4;000 administration fee. 5. On February 10, 2014 the agent requested that the Open Space Conservation Easement, paragraph 4.04 Permitted Uses and Structures include additional language permitting an amendment to the map in the event additional land is obtained for an easement at the east side of the property. • The addition to the Open Space Conservation Easement is as follows: "In addition, the Grantor shall have the right to complete (in accordance with the approved road and drainage plan), use and maintain the 25 foot right of way and any associated improvements providing access along the western property line as shown on the final subdivision map. In the alternative, the Grantor shall have the right to relocate the 25 foot right of way to the eastern property line if the following conditions are met: a. The Grantor must obtain a 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision (designated as "now or formerly Patricia D. Garvey" on the final Subdivision Map); and b. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the 15 foot right of way, as shown on the Amended Subdivision Map; and c. The Grantor must remove the original 25 foot right of way on the western property line and restore it with vegetation to the satisfaction of the Planning Boar and consistent with the purpose of this easement." VI: Staff Recommendations 1. Accept all submitted changes as requested at the 11/4/13 work session. 2. Regarding the agent's request for additional language permitting an amendment to subdivision approval, if the goal of the applicant is to have access for both proposed lots 1 and 2 from the right of way off of Kayleigh's Court, consider instead of moving the entire proposed access from the western property line, to instead allow an access easement for lot 2 over lot 1's flag. If the applicant is able to obtain 15' from the eastern property, this access easement would allow both lots 1 & 2 to have sole access from Kayleigh's Court and allow the 50' right of way over the western property to be extinguished. 3 Southold Planning Department Staff Report Once Open Space Conservation Easement language has been finalized, all items, pursuant to §240-20 submission, have been met and the Planning Board can consider issuing a Conditional Final Plat Determination. 3. Consider the following conditions of the Final Determination: a. Add the following note to the Final Plat: "Applicant may submit an amended subdivision application to provide for alternative access to the property over the land shown as "now or formerly Patricia D. Garvey" if the Applicant, its successors or assigns obtains an "additional" 15 foot easement to be added to the existing 10' easement for a total of 25' wide right of way for the purpose of ingress and egress of said property." b. Remove the existing utility poles located on the easterly side of the property. The final map must also be amended to reflect the removal of the existing utility poles. c. Four Mylar copies and twelve paper copies of the Final Plat endorsed by the Suffolk County Health Department. d. Installation of all concrete survey monuments as shown on the Road and Drainage Plan dated September 29, 2010 and last revised October 1, 2013. e. File the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants and Restrictions, Grant of Access Easement and Common Driveway Agreement with the Office Suffolk County Clerk. f. Submit a performance bond, pursuant to §240-32 performance bond, in the amount of the draft bond estimate as approved by the Planning Board. This performance bond must be approved by Town Board resolution. 4 r Sou'Lr1-Old Planning Department Starr' Report Subdivision Application Work Session Review Date November 4, 2013 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: 'The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review Legal Documents o Open Space Conservation Easement o Grant of Easement o Common Driveway Agreement o Covenants and Restrictions V: Analysis 1. Open Space Conservation Easement: • Items to be addressed: o 3.09 Utilities section. The applicant's attorney states that the existing utilities poles located on the east side of proposed lot 1 will be replaced by underground service provided it does not interfere with service to the adjoining property to the east. o All other clauses that have been changed by the applicant's attorney are consistent with the newly revised final plat which shows 2 access driveways. • Required changes from the Town Attorney's Office: Sou q;_� Id Planning Department Star Report o Minor changes to capitalization and consistency between the map and open space easement terminology. Please see attached Open Space Easement for exact changes. • Required additions from the Office of the Town Engineer's report (As discussed and approved at the 10/21/13 work session) o The well located on Lot 2 must be added to the Open Space Conservation Easement as a permitted use pursuant to §240-44. 2. Grant of Easement: • Required Changes from the Town Attorney's Office: o Title Change from "Grant of Easement" to "Grant of Access Easement" o Minor changes to capitalization and consistency with map and easement terminology. Please see attached Grant of Easement for exact changes. 3. Common Driveway Agreement: • Items to be addressed o Clauses 1 & 2: The applicant's attorney removed the following; ■ Clause 1: "at all times be limited to a single shared access to and from Stars Road." ■ Clause 2 removed: "shall be restricted to said common driveway access." • Required changes from the Town Attorney's Office: o 2nd Whereas was removed by the applicant's attorney. The Office of the Town Attorney is requiring that the 2nd whereas be left in the agreement and revised to read: " WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board of the Town of Southold in a resolution adopted on , 2013, to create an agreement in connection with said real property for the purpose of sharing a common driveway and all responsibilities and obligations with respect thereto;" o Minor changes to capitalization and consistency with map and easement terminology. Please see attached Common Driveway Agreement for exact changes. 4.' Declaration of Covenants and Restrictions: • All clauses that have been changed by the applicant's attorney are consistent with the newly revised final plat which shows 2 access driveways. • Required changes from the Town Attorney's Office: 2 2 Sow.i.jld Planning Department St".. Report o Minor changes to capitalization and consistency with map and easement terminology. Please see attached Covenants and Restrictions for exact changes. • Required additions from the Office of the Town Engineer's report (As discussed and approved at the 10/21/13 work session) o Driveway construction on Lot 1 & 2 must meet all requirements of Chapter 236 of the Southold Town Code. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the Office of the Town Engineer. o The existing driveway that runs through the open space must be abandoned after final subdivision approval is granted. VI: Staff Recommendations 1. Open Space Conservation Easement: a. (3.09 Utilities) Currently, the existing utility poles are located in the easterly driveway reserve area (located on proposed lot 1) not in the Open Space Easement area. Remove all references to utilities poles. The utility poles must be addressed in the Covenants and Restrictions b. Accept all other changes to the Open Space Conservation Easement as recommended by the Office of the Town Attorney. 2., Grant of Access Easement: a. Accept all changes recommended by the Office of the Town Attorney to the Grant of Easement. 3. Common Driveway Easement : a. The applicant has eliminated "restrictive language" from the Common Driveway Easement template. Recommend not accepting this change because currently the only access that meets the Southold Town Code is the 50' right-of-way off of Stars Road. b. Accept all other changes to the common driveway easement as recommended by the Office of the Town Attorney. 4. Covenants and Restrictions: a. The Planning Board normally requires that all utilities must be located underground. Currently there are existing utility poles located on the easterly side of proposed lot 1. Add a clause to the covenants and restrictions that states "All utilities must be located underground. The existing utility poles located on the east side of lot 1 are to be removed and all utilities must re-located underground." b. Accept all other changes to the covenants and restrictions as recommended by the Office of the Town Attorney. 3 Sow..Jd Planning Department St ::,,`Report 5. At the October 21St work session, the Planning Board accepted the draft bond estimate as recommended by the Office of the Town Engineer. A resolution will be on for the November 4, 2013 Public Meeting accepting the draft bond estimate. Next Steps for the application (Once the above requested items have been submitted and accepted by the Planning Board) • Four Mylar copies and twelve paper copies of the Final Plat stamped with the Health Department Approval. • The applicant must submit a Performance Bond in the amount of the approved estimate. The following will be addressed as conditions of Conditional Final Approval: • Applicant must submit the required administration fee in the amount of$4,000 pursuant to §240-37 of the Southold Town Code. • Installation of all Property Monuments. • Filing of all legal documents with the Suffolk County Clerk. 4 Sod.iold Planning Department StaTY,Report Subdivision Application Work Session Review Date October 21, 2013 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review Final Map revisions and engineer report. V: Analysis • Requested Final Map revisions: 1. Show Lot 1 as a flag lot to the 50' right-of-way off of Stars Road. The flag must be 25' in width. a. Revised: Yes 2. Eliminate the new flag on Lot 1 from the Open Space Easement Area. Where the driveways on Lots 1 & 2 will cross the Open Space Easement Area, delineate a 20' wide reserved area with a dashed line and metes and bounds that will be outside of the Open Space Easement Area. a. Revised: Yes 3. The 60% required Open Space must be re-calculated. The 20' driveway reserved areas and the entire area of the flag on Lot 1 must be removed from this calculation. a. Revised: Yes 4. Remove the ";Earth Road" from the plan. a. Revised: Yes Sou )Id Planning Department Sta- Report • Office of the Town Engineer Report: 1. The proposed access to the building envelopes for lot#'s 1 & 2 have been proposed using two independent driveway easements located along the Easterly side of Lot# 1 and the Westerly side of Lot# 2. Will there be a requirement to remove and/or abandon the existing dirt driveway that runs through the center of the site? (See enclosed Aerial Photo) a. Yes, a covenant can be placed on the property that insures this. The easement does not allow the dirt driveway to be used once it is filed with the County Clerk however it might warrant a specific mention in the easement as needing to be discontinued immediately. 2. Lot# 2 indicates a Well that is located within the Open Space Area. Is this an approved location that would not be in conflict with Open Space requirements? a. The Well on Lot 2 is now located in the required 60% open space. This Well will be included as a permitted use in the Open Space Conservation Easement. 3. The existing utility line running adjacent to the easterly property line of Lot# 1 has been noted as being replaced with Underground Electric. The southerly terminus or beginning of this work is proposed at an existing utility pole that is located on the adjacent property. This utility pole is also located outside of an existing Right-of-Way shown on the plan. Are there pre-existing easements already in place to allow this work in the location as shown or are new easements required? a. The agent must advise if there is an existing easement that ensures that both the Tully and the Garvey property share electrical services 4. Proposed new driveway construction within lots 1 & 2 will require New Drainage when they are constructed. The driveway for Lot# 2 will not require building permits but the driveway construction will still be required to comply with Chapter 236 for Stormwater Management. Drainage designs should be approved prior to construction by contacting the Engineering Department at 765-1560. a. Yes, a covenant can be placed on the property that insures this. 5. The location of the new 16' wide stone blend access road within the 50' wide R.O.W. extending from Stars Road has been noted as variable to protect significant trees. During final layout and immediately prior to construction, the contractor must contact the 2 Sou-h�,_.r:Ad Planning Department Starr' Report Engineering Department at 765-1560 to inspect and approve the final roadway layout. 6. Drainage calculations have been amended to meet the current design and are considered satisfactory for compliance with Chapter 236. 7. The new work located within the Right-of-Way of Stars Road must be constructed to meet the minimum requirements of the Town Highway Specifications. This would include but not be limited to the saw cutting existing edge of pavement, excavation of road shoulder materials and placement of a 4" stone blend base with 2.5" asphalt base and 1.5" asphalt wearing course to align with existing pavement. • Please see attached bond estimate. VI: Staff Recommendations 1. Accept all recommendations from the Office of the Town Engineer. 2. The following must be added to the covenants and restrictions (The revised C&Rs will be discussed in further detail at the November 4th work session): a. Driveway construction on Lot 1 & 2 must meet all requirements of Chapter 236 of the Southold Town Code. Prior to installation, all proposed driveways and drainage must be reviewed and approved by the Office of the Town Engineer. b. The existing driveway that runs through the open space must be abandoned after final subdivision approval is granted. 3. Allow the existing Well located on Lot 2 to be added to the Open Space Conservation Easement as a permitted use pursuant to §240-44. 4. Accept the draft bond estimate dated October 8, 2013 as recommended by the Office of the Town Engineer. Recommend a resolution at the November 4, 2013 Public Meeting accepting the draft bond estimate. 5. Please be advised that staff will review all legal documents with the Board at the November 4th work session. 3 ' - SOU Mold Planning Department StC11n,i Report Subdivision Application Work Session Review Date September 9, 2013 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review new access proposal V: Analysis • The agent is proposing a revised entryway to access Lots 1 and 2. Currently, access for both lots are proposed through a 50' right of way off of Stars Road leading to a 25' right way proposed to run up the west side of the property for access. • The agent is now proposing that each lot maintain access through the 50' right of way off of Stars Road with each lot having a separate access. • The Office of the Town Engineer has recommended the following regarding two entryways: a. As I understand the proposed change the applicant would like to provide access for lot# 1 over the southerly portion of lots 1 & 2 then turn northerly along the easterly side of lot# 1. With the access to the building envelope for lot# 2 remaining the same, both road access ways will require a 25' wide right of way for the necessary road improvements. These improvements should be required to extend entirely through the Open Space Area. The portion of road extending through the buildable lot areas would only be subject to Chapter 236 and not be subject to Highway Souiriuld Planning Department Starl`�Report Specification requirements. b. This required ROW area should be separated out of the required Open Space area and the proposed property lines should be adjusted and modified accordingly. c. The second access roadway may also require the relocation of existing utility poles to accommodate the construction of the second roadway under this proposed change. d. Each roadway must meet the minimum requirements of the Highway Specifications as well as Chapter 236 for Stormwater Management. e. With this configuration, the new construction would require the disturbance of more than one acre and therefore, in my opinion, a DEC SWPPP and NOI would be required. Please keep in mind that this project would be out of the Town's jurisdiction and therefore would not be subject to a Town SWPPP review. f. Drainage calculations will need to be upgraded to meet the minimum requirements of Chapter 236 for Stormwater Management. • Ways to achieve 2 separate accesses off of Stars Road: 1. Lot configuration remains the same as previously proposed. Both access ways will require a 25' right of way for necessary road improvements. These improvements should be required to extend entirely through the Open Space Area. 2. Lot 1 can be redesigned into a flag lot. The flag would be 25' in width extending to the 50' right of way. Lot 2 would have access through a driveway that must meet the New York State Code Section 511 standards. Below are the standards: New York State Code Section 511 emergency vehicle access for detached one-and two family dwellings: , 511.2.1 Dimensions. Driveways shall provide a minimum unobstructed width of 12 feet and a minimum unobstructed height of 13 feet, 6 inches. 511.2.2. Turnarounds. When driveways are in excess of 500 ft. in length and does not exit to another fire apparatus access road or public street, a turnaround shall be provided suitable for use by fire apparatus. 511.2.3 Turnouts. Driveways in excess of 500ft in length and less than 20 feet in width shall be provided with turnouts along the driveway that are a minimum 20 feet in width for a length of 50 feet in length. The turnouts shall be placed at intervals not to 2 Souti,uld Planning Department Starr Report exceed 500 feet along the driveway. VI: Staff Recommendations 1 Show Lot 1 as a flag lot and allow access via a driveway within the 25' flag. It is not necessary to provide a road to Town Highway specifications because this is the access for a single lot. The flag to the 50' right of way off of Stars Road is required to be 25' in width pursuant to §161-15 of the Town Code. Normally the Planning Department would not recommend a flag or two separate long driveways; however this is a reduced yield subdivision with the yield reduction of 60%. Reduced yield subdivisions are typically allowed some leeway when dealing with issues of design. This second access will also ensure that emergency vehicles will be able to have suitable access to Lot 1 which is required by town code. 2. Lot 2 may achieve access to the 50' right of way to Stars Road by means of a driveway that meets State Code (see below for more details). It is not necessary to create a 25' right of way as suggested by the Town Engineer. 3. The driveways for Lots 1 & 2 must be built to the State Code Specifications. These specifications will be enforced by the Building Department during the building permit process. 4. For the subdivision process, a driveway and associated drainage does not have to be shown on the map however, to satisfy the Open Space requirement a dotted line which has metes and bounds showing a 20' right of way pursuant to §161-15 of the Town Code must be shown on the map for both Lots 1 & 2. 5. The 20' right of way and the entire area of the flag on lot 1 must be removed from the Open Space calculation. 6. A Road and Drainage Plan is still required for the 50' right of way that leads to Stars Road. 7. It appears that the new construction may require the disturbance of more than one acre, therefore a DEC SWPPP and NOI would be required. Please keep in mind that this project would be out of the Town's jurisdiction and therefore would not be subject to a Town SWPPP review. 8. Remove the "earth road" from the plan 9. The following documents must be revised (Planning staff will provide the revision language): a) The Open Space Conservation Easement must be revised to allow the proposed driveway areas. b) Utilities can be located in the Open Space pursuant to 240-44 of the Town Code. Revise the Open Space Conservation Easement to allow utilities to be placed underground in the Open Space c) A clause must be added to the C&Rs and in the open space easement that states that all utilities (including the utility poles) must be located underground during driveway installation. d) Bond estimate. 3 Soulld Planning Department artment StatReport e) An access easement for Lots 1 & 2 over the 50' right of way still applies for this subdivision. f) Covenants and 'Restrictions may also need to be revised. Next Steps for the application (Once the above requested items have been submitted and accepted by the Planning Board) • Four Mylar copies and twelve paper copies of the Final Plat stamped with the Heath Department Approval. • After the Planning Board has accepted the revised Bond Estimate the applicant must submit a Performance Bond in the amount of the approved estimate. The following will be addressed as conditions of Conditional Final Approval: • Applicant must submit the Administration fee. • Filing of all legal documents with the Suffolk Count Clerk. 4 SOUAld Planning Department St&eport Subdivision Application Work Session Review Date July 1, 2013 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review Legal Document revisions V: Analysis 1) Open Space Easement changes To account for the possibility in the Open Space Conservation Easement that the right of way will be relocated to the east side of the property, revise the language regarding the right of way in Section 4.04 Permitted Uses to read as follows: "In addition, the Grantor shall have the right to complete (in accordance with the approved road and drainage plan), use and maintain the 25 foot right-of-way and any associated improvements providing access along the Western property line as shown on the final subdivision map. In the alternative, the Grantor shall have the right to relocate the 25 foot right-of-way to the eastern property line if the following conditions are met: 1. The Grantor must obtain a 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision (designated as 99now or formerly Patricia D. Garvey" on the final Subdivision Map); and SOUAId Planning Department StAReport 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the same dimensions as the original access, as shown on the Amended Subdivision Map; and 3. The Grantor must remove the original 25' Right of Way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement." 2) Covenants and Restriction Changes: Revise Clause 1 of the Covenants and Restrictions to the following: "The owner of lot 1 as shown on the subdivision map to be filed with the Suffolk County Clerk shall have an easement, detailed in a separate Common Driveway Easement, for ingress and egress as well as for utilities over that area on the Western property line designated as "25' Right of Way with 16' Stone Blend Driveway" the description of which is annexed hereto as Schedule B. In the alternative, the "25' Right of Way" may be relocated to the eastern property line only if the owner(s) of Lots 1 and 2 obtain the following: 1. A 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision (designated as "now or formerly Patricia D. Garvey" on the final subdivision map); and 2. An amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the same dimensions as the original access Upon approval of an amended subdivision map with a relocated right of way as described above, the owners of Lots 1 and 2 shall have an easement over the relocated 16' and 25' Right of Way, and detailed in a separate Common Driveway Easement, for ingress and egress as well as for utilities." 3) Common Driveway Easement: The common driveway easement language must stay the same as the template approved by the Planning Board. The above stated language added to the Open Space Conservation Easement, Covenants and Restrictions, and note on the Final 2 SOURld Planning Department SAReport Plat, will allow the applicant in the future to request from the Planning Board that access be moved from the western to the eastern property line. 4) Final Plat Changes: a) Add the following note to the Final Plat: "Applicant may submit an amended subdivision application to provide for alternative access to the property over the land shown as "now or formerly Patricia D. Garvey" if the Applicant, its successors or assigns obtains a 25 foot easement for the purpose of ingress and egress of said property." b) Remove the earth road from the Final Plat. VI: Staff Recommendations 1. The applicant has agreed to all Open Space Easement revisions except clause #2. The agent has revised clause #2 to the following "The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access following the lines of the existing easement at the eastern property line but not less than 15 ft. in width to the subdivision and then proceeding to relocate the 25 ft. right of way from the westerly line to the common driveway." 2. Recommend not accepting revised clause #2 of the Open Space Easement submitted by the agent. The revised clause states "but not less than 15 ft. in width to the subdivision..." This 15 ft. area is located outside of the proposed subdivision parcel. The Planning Board cannot review or approve areas that are not on the above referenced parcel. 3. The applicant has eliminated "restrictive language" from the Common Driveway Easement template. Recommend not accepting this change and using the Common Driveway template because the above stated language added to the Open Space Conservation Easement, Covenants and Restrictions, and note on the Final Plat, will allow the applicant in the future to request from the Planning Board that access be moved from the western to the eastern property line. Next Steps for the application (Once the above requested items have been submitted and accepted by the Planning Board) • Submission of revised Road and Drainage Plans. These plans must be reviewed and accepted by the Engineering Inspector. • Four Mylar copies and twelve paper copies of the Final Plat stamped with the Heath Department Approval. • After the Planning Board has accepted the revised Bond Estimate the applicant must submit a Performance Bond in the amount of the approved estimate. 3 Sou161d Planning Department St#Report The following will be addressed as conditions of Conditional Final Approval: • Applicant must submit the Administration fee in the amount of$3,873.30. • Filing of all legal documents with the Suffolk Count Clerk. l 4 ' Souald Planning Department artment StatReport Subdivision Application Work Session Review Date May 6, 2013 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review Legal Document revisions and the Office of the Town Engineer's revised Bond Estimate. V: Analysis • Requested Revisions to Legal Documents at the March 25th Work Session 1. All revisions were made to the Common Driveway Easement and Grant of Easement except for the Applicant/Attorney issue with the Common Driveway Easement's sole access requirement to Lots 1 &2 off of Stars Road (see below). 2. All revisions were made to Section 3.09 Utilities. of the Open Space Easement • Please see the revised Bond Estimate from the Office of the Town Engineer. • Common Driveway Easement Language: The Applicant has put forth revised language for this common driveway easement. They objected to the language in our template that identifies the access from Stars Rd as sole access, and have removed mention of that. Soulld Planning Department StatReport VI: Staff Recommendations 1. Recommend accepting the Office of the Town Engineer's revised Bond Estimate. 2. Common Driveway Easement Language: Recommend not accepting the changes made to the easement. Pursuant to Highway Specifications §161-15 Construction Specifications of the Southold Town Code, the only suitable access way is the right of way created coming off of Stars Road. Any other access does not meet Town Code Highway Specifications. While this deeded access will continue to exist, it cannot be used as access to the newly created lots, nor should it be shown as such on the Final Plat. 3. Moving right of way to the east side of property: If the applicant intends to reserve the right to use the east side to access the lots, then an allowance for this must be made in the open space easement. Recommend changing the easement to allow for the road to be moved to the east property line with the same dimensions (a mirror image of what is currently on the final plat), with the following conditions: (a) that the additional 15' width on the right of way on the adjacent property to the east was added as a deeded right for the two new lot owners, and (b) the land under the original right of way on the west side is returned to a natural state consistent with the requirements of the open space easement prior to the new right of way being constructed on the east side. (c) The associated cross access easements are amended accordingly 4. References on the Final Plat to the eastern right of way • Option 1. Change the Final Plat to remove the right of way presently shown on the property to the east (now or formerly of Patricia D. Garvey). This right of way is not formally part of the subdivision plat. Should the applicant gain the necessary 15' additional width for this right of way from the neighbor, an amended subdivision application showing this right of way must be submitted to the Planning Board at that time. Also remove the "earth road" from the Final Plat. • Option 2. Instead of the above, add a note to the plan indicating both the right of way and the earth road which states the following: "This right of way and the earth road are not approved by the Planning Board for access to this subdivision". 2 Soulpold Planning Department St lReport Next Steps for the application (Once the above requested items have been submitted and accepted by the Planning Board) • Submission of revised Road and Drainage Plans. These plans must be reviewed and accepted by the Engineering Inspector. • Four Mylar copies and twelve paper copies of the Final Plat stamped with the Heath Department Approval. • After the Planning Board has accepted the revised Bond Estimate the applicant must submit a Performance Bond in the amount of the approved estimate. The following will be addressed as conditions of Conditional Final Approval: • Applicant must submit the Administration fee in the amount of$3,873.30. • Filing of all legal documents with the Suffolk Count Clerk. 3 r- SoutltoVd Planning Department Sti.�.-Ae port Subdivision Application Work Session Review Date March 25, 2013 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-224-2 Project Location: The property is located at the westerly terminus of a private right-of-way which'extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 111: Status Conditional Preliminary Approval IV: Action to review Review Office of the Town Engineer's and Legal Document revisions. V: Analysis Office of the Town Engineer Comments: 1. The last report indicated that a DEC SWPPP and NO1 would be required. The Applicant has since corresponded with DEC Officials and the Applicant has determined that a DEC SWPPP is not required. Therefore at this time, this project will be reviewed under Town Code Chapter 236 for Stormwater Management. 2. The drainage calculations provided utilize a runoff coefficient of 0.3 for stone blend roads, Chapter 236 required a coefficient of 0.6 for stone blend surfaces and the calculation and drainage design should be amended accordingly. 3. Future Building Permits for residential construction to be located within the proposed building envelopes will require a drainage review to meet Chapter 236 requirements. 4. The Right-of-Way/ Driveway Section, provided-on the plan, specifies a 16' wide stone blend road section. The construction entrance detail indicates width of 12'. This construction entrance detail should be widened to meet the width of the proposed stone blend road system. Souald Planning Department Sta#eport 5. All excavated and/or graded earth materials that will be stockpiled on site during construction must be seeded and protected from erosion. 6. Significant changes have been made and the draft estimate should be revised and re-submitted for review by the Town. Revisions to Legal Documents 1. Please see the attached revised Common Driveway Easement and Grant of Easement with track changes made. 2. Revise Section 3.09 Utilities. of the Open Space Easement to the following: "The creation or placement of overhead utility transmission lines, utility poles is prohibited, except the preexisting utility poles as shown on the subdivision map of Aries Estates, LLC as above referred to may remain in place together with the lines attached thereto. Any change in location, or addition to the lines will require that the lines be placed underground and the poles removed, and shall require prior approval from the Southold Town Planning Board.. VI: Staff Recommendations 1. Recommend accepting the Office of the Town Engineer's comments. Require the applicant to submit a revised Bond Estimate and make the requested changes, #2 & 4, to the Road and Drainage Plan per the Office of the Town Engineer's report. 2. Recommend accepting the changes made to the Common Driveway Easement, Grant of Easement, and the Open Space Conservation Easement. Require the applicant to submit the revised documents. Next Steps for the application (Once the above requested items have been submitted and accepted by the Planning Board) • Four Mylar copies and twelve paper copies of the Final Plat stamped with the Heath Department Approval. • After the Planning Board has accepted the revised Bond Estimate the applicant must submit a Performance Bond in the amount of the approved estimate. • Applicant must submit the Administration fee (6% of the Bond) once the revised bond estimate is approved. • Filing of all legal documents with the Suffolk Count Clerk. 2 Sou"LlIVId Planning Department Stili-Aeport Subdivision Application Work Session Review Date January 7, 2013 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review Office of the Town Engineer's and Office of the Town Attorney's comments. V: Analysis Office of the Town Engineer Comments: 1. My last report indicated that a DEC SWPPP and NOI would be required. The proposed building envelopes noted on the plan are also the proposed clearing limits. These clearing limits, as shown on the map, are over 49,000 S.F. in total area. Based on the contours provided, this area has the potential to shed stormwater to surface waters of the State. If the applicant believes that they will be clearing less than One Acre of land in all areas that are pitched toward the bluff, they must provide additional delineations, plan notes and/or other means that would restrict a cumulative ground disturbance that would be in excess of One Acre over the duration of the project. If the applicant can provide additional information that better defines the clearing limits and if this area is clearly less than one acre, this plan may be reviewed under Town Code Chapter 236 for Stormwater Management only. 2. If the existing residence is to remain, and that fact is used to minimize the clearing limits noted above, the drainage review under Chapter 236 will require new drainage calculations and design to cover all impervious surfaces associated with the existing residence. 3. The Right-of-Way / Driveway Section, provided on the plan, specifies a Leaching Soulold Planning Department artment St�Report p Catch Basin in the center of the roadway. The detail also shows a 3" crown in the road section and a note that indicates how the road should be graded on each side of the proposed leaching pool. A plan detail should be shown to indicate how this grading will be warped to achieve the containment of storm water run-off. 4. The site plan shows an existing "Earth Road" running in a North & South direction along the easterly property line. The site plan also shows existing utility poles running along the westerly side of this roadway which encroaches into the open space areas that have been designated for lots one & two. Has this encroachment been acknowledged by C&R's or Easements that would allow this infringement to remain? 5. Drainage Design Criteria & Calculations have been provided for the construction of a new stone blend driveway. This drainage design meets the minimum requirements of Chapter 236 for Storm Water Management as it relates to the new road construction. Any and all new construction proposed for the residential lots must meet the minimum requirements of the DEC General Permit for Construction Activities where a cumulative land disturbance exceeds one acre. Please keep in mind that all new construction must, at a minimum, meet Town Code Chapter 236 requirements for Storm Water Management. 6. All excavated and/or graded earth materials that will be stockpiled on site during construction must be seeded and protected from erosion. 7. Will the Planning Board require Street Trees for this subdivision? 8. Will the Planning Board require Street Lights for this subdivision? 9. Has the local Fire Commissioners determined the need for a Fire Well? 10. 1 remember discussing the submission of a draft bond estimate by the applicant. Significant changes have been made and this draft estimate should be revised and re-submitted for review by the Town. Office of the Town Attorney The Assistant Town Attorney requests that a form for the Driveway Easement should be used (included). Additionally, she notes that the present easement does not address the right of the owners of lots 1 and 2 with respect to the parcel between the proposed subdivision and Stars Road and requests that an additional easement should be required over that parcel as well. VI: Staff Recommendations 1. Recommend accepting numbers 1, 3, 5-6 and 10 of the Office of the Town Engineer's report. a. Regarding number 2, the building department under their review, will determine the need for drainage under Chapter 236 Drainage. At this time a review is not needed. b. Regarding number 4, recommend amending the permitted use's section in the Open Space Easement to allow for the pre-existing utility,poles running along the East side of the property. c. Regarding number 7, would the Board like to see Street Trees? (Please refer to the aerial provided.) d. Regarding number 8 would the Board like to see Street Lights? e. Regarding number 9, the East Marion Fire District Board of Commissioners issued a letter on January 8, 2007 requiring a fire well. Additionally, the proposed fire well is 2 Sowinild Planning Department Stair"Report located at the requested place on the Road and Drainage Plan. However, the fire well is not shown on the Final Plat; recommend changing the Final Plat to show the fire well. 2. Recommend accepting the Office of the Town Attorney's comments and forward a copy of the Access Easement form to the applicant. 3. A Road and Maintenance Agreement is required to cover the entire length of the driveway. There should'be two separate documents: (1) A combined Road and Maintenance Agreement and easement granting access over the right of way from Lot 1 to Lot 2 and (2) a combined Road and Maintenance Agreement granting access over the right of way from the property located to the west to Lots 1 & 2. 1 3 Soutl"i,iA Planning Department Stat. ._eport Subdivision Application Work Session Review Date October 22, 2012 Prepared By: Aly Sabatino I. Application Information Project Title: Aries/Tully Applicant: Shawn Tully Date of Submission: 7/8/10 Tax Map Number: 1000-22-3-2 Project Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Subdivision: Standard Acreage of Project Site: 11.44 # of Lots Proposed: 2 III: Status Conditional Preliminary Approval IV: Action to review Review Office of the Town Engineer's and Staff Comments V: Analysis Office of the Town Engineer Comments: 1. If the combined ground disturbance resulting from construction activities & grading of this site will be greater than one (1) acre in area, a DEC SWPPP and NOI will be required. 2. Site Access has been revised to include an entrance directly from Stars Road. In addition, the site plan still indicates that the proposed road will continue to extend across the Southerly portion of Lot #2 which will allow access to Stars Road by adjacent Property Owners. Is it the intent of the Planning Board to create access to Stars Road from easterly Property Owners and will formal easements be required to establish this right of use? 3. Top of Bluff has been indicated well down the embankment where there is as much as a 60% slope immediately adjacent to the beach. This steep eroded slope extends upward in the direction of a 20' contour where that slope transitions into an approximate 15% slope reaching uphill to approximately the 30' contour. It is at that point where the trend of land slope changes once again to a more gradual land slope of 3% to 4%. It would appear that this 30' contour is the location where the trend of land slope significantly changes to begin its descent to the shoreline. I would recommend that the indicated "Top of Bluff' location be reviewed & approved Sout�-i�A Planning Department Sta{,�. report by the Board of Trustees. Building Envelopes and Coastal erosion hazard lines may need to be modified based on the Trustees findings. 4. Drainage Design Criteria & Calculations have been provided for Leaching Catch Basins (LCB) 1 through 4. The Final Road & Drainage Plan indicates the installation of 5 LCB. The Calculations provided on the plan should be amended to include the 5th LCB. 5. Construction details for road pavement sections, proposed Drainage Structures, Erosion & Sediment Controls and other stormwater related construction management practices have not been provided. 6. The open space area located immediately south of Lot # 1 appears to be an independent lot. Is this open space area part of lot# 1? 7. My last report indicated that the applicant had submitted a Draft Bond Estimate. This Draft Estimate should be amended as needed and re-submitted for review and approval. VI: Staff Recommendations 1. Accept numbers 1 and 4-7 of the Office of the Town Engineer's report. a. Regarding number 1, the requirement of a DEC SWPPP, if the applicant wishes to show that the area disturbed will be less than one acre, the plat must clearly show the limits of potential clearing and calculations of the area that will be disturbed. b. Regarding number 2 of the report, site access, it is recommend that the right of way from Kayleigh's Court be removed from the plat. The Planning Board cannot approve this entrance into the subject property at this time. c. Number 3 of the report regarding the Top of Bluff has been verified and accepted by the trustees in a letter to the Planning Board dated September 21, 2009. 2. Amend the submitted Covenants and Restrictions to reflect the new right of way changes on the plat. In covenants 1-2 all references to access via the entrance from Kayleigh's Court must be replaced with the new Stars Road access language. Schedule B must also be revised to describe the new Stars Road access. 3. Amend the submitted Open Space Conservation Easement to reflect the new right of way changes on the plat. 4.04 Permitted Uses and Structures must be amended to include the 25' Right of Way and any associated required improvements. 4. Submit an easement to allow access to Lots 1 and 2 over the proposed 50' wide right of way directly to the west (now or formerly Shawn P. Tully) of the subject property. 5. The existing building located on lot 2 encroaches over the building envelope. Move the east building envelope line to exclude the edge of the existing building. 6. The right of way is labeled as a common driveway. This is not correct, re-label it to read "25' Right of Way with a 16' Stone Blend Road". 7. The property meets the required minimum of 60% of open space. 8. The east/west right of way located in the South of the property must be removed. The Planning Board cannot approve any access at this time to the Kayleigh's Court entrance. 2 Sout, uld Planning Department Sta _ Zeport Subdivision Application Work Session Review Date 1 August-27--, 20-1-2 Prepared by: Aly Sabatino —j I. Application-Information Project Title: Aries/Tully Applicant: ' Shawn Tully ------ -- -- --- - -------- - --- Date of Submission: ; 7/8/10 Tax Map Number: 11000-_22-3-2 Project Location: - The property is located at the westerly terminus of a i private right-of-way which extends north from Kayleigh's I ---------___-__-- _-----I Court r Hamlet: I East Marion. j Zoning District: i R-80 — - — — - - II. Description of Project - -- - --- - - - ---------____-- ---- ---- - - - - - -, Type of Subdivision: j Standard a _Acreage of Project Site: ; 11.44 # of Lots Proposed: 2 i III: Status Expired: Conditional Preliminary Approval IV: Action to review Next Steps for the project. V: Analysis Agent submitted revised plats that show a proposed 50' right of way for lots 1 and 2 from Stars Road that appears to meet the minimum required width (Code requires only a 25' r.o.w.). Final Road and Drainage Plans have been sent to the Office of the Town Engineer along with the draft bond estimate- so changes to the estimate can be made that reflect the newly submitted plans. Staff has reviewed the revised plat and has minor changes that need to be addressed but will wait until we receive the Town Engineer's comments. VI: Staff Recommendations 1. Pursuant to Town Code §240-19 G., the Preliminary Plat Approval granted on June 14th 2010 has expired beyond the point where it can be extended. Require the applicant to submit a new Preliminary Plat application with the required $1000 fee. 2. The Final Plat application has been submitted; however it is missing the $500 fee and is incomplete. Require the applicant to submit the Final Plat application fee. Soutnuld Planning Department Sta..-.deport 3. There remain outstanding two conditions from the previous Conditional Preliminary Plat approval. Require the applicant to fulfill the following conditions prior to considering the Final Plat application: a. Submit a $7,000 Park and Playground Fee b. Submit the administration fee as determined by the Office of the Engineer. 2 t 1 , -Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision s,,,h,j i-,,i_q;nn Man Sb;3=_m;,Ljy 2. Suffolk County Tax Map# 1000-22-3-2 3. Hamlet East Marion 4. Street Location :Laylei-gb'g Crnirt ritrate right of way) 5. Zoning District R-80 6. Date of Submission January 2, 2013 (previously July 8, 2010) 7. Sketch Plan Approval Date May 19, 2008 8. Preliminary Approval Date December 17, 2012 (previously June 14, 2010) 9. Number of Lots Proposed 2 lots 10. Acreage of Open Space/Reserved Area 6.6766 ac. JAN - 7 �0�3 ' --� 11. Affordable Housing Units Proposed N/A f 12. Percentage of Affordable Housing N/A ��',77c""ai 13. If providing less than 25%Moderate Income Family Dwelling Units-(MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-1.1 (B)of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Yes - 15. Application prepared by [] owner T4 agent [] other Signature of Preparer Date s N LONG NOTES 400 Ostrander Avenue, Riverhead, Neal York 11901 tel. 631.127.2303 fax. 631.72-1.0144 admin@youngengineering.Com 7yELIN SLI I 'D • THE APPROVAL OF TH15 MAP DOES NOT CONSTITUTE THE �, <o�G w j s 1-0C,4, �7",APk X�Mq So N AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. S73° � N FEB g s rE / so NbOv�a ll�5 •�'F ob ' • A DECLARATION OF COVENANTS AND RE5TRI07ION5 HAS Howard W. Young, Land Surveyor AQUAVIEyy S 58Q°IB'221 1 BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas G. Wolpert, Professional Engineer DR. I�O.Iq' 5$8°44,31„E 1 LIBER----GP---- Douglas E. Adams, Professional Engineer COASTAL �,, ,�, /%i ER0eloN 86.81' Robert G. Tost, Architect if HAZARD LINE THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE TOE of '� ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND rn BLUFF 1` wj E LOTS MUST BE SOLD AS SHOWN ON THE 5UBDIVISION MAP. �) SITE DATA MoD TOTAL AREA = 11.4418 ,4GRE5 sralrzs VEGETATION WITHIN THE 100' NON-D15TURBANGE/NON- j�” n�j 1 vroom 1 FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL ! / RAMP - 1 STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER 100'NON-D15TURBANGE/ TOTAL NUMBER LOTS %/'� �•_ NON-FERTILIZATION APPROX.LOG. TOP OF ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT = 2 BUFFER OF 4'WIDE PATH BLUFF 1 ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE • ZONING USE DISTRICT S ABOVE, THE NON-Dl5TURBANGE/NON-FERTILIZATION VEGETATION VERTICAL DATUM = N.G.V. DATUM (M.5.L. Ig2q) �LVb =� �v�fi..sas o0'4l^£ 1 BUFFER AREA MAY BE 5UPPLEMENTED WITH ADDITIONAL NATIVE SH�R�1 ��s =;_ - - - -N8q_o3'3a">= VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE OPEN SPACE DATA 50U / c� 011.40' SOUTHOLD TOWN PLANNING BOARD AND 50UTHOLD TOWN ,���,/ �` REMAINS �IS' 124.2.7' i \ of Slim I I STY.BR n TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES TOTAL AREA = 11.4418 ACRES 5' %i HOUSE 4LL I 15 PROHIBITED, THE CLEARING OF ANY KIND 15 PROHIBITED, APPROX. TNS} 1• • TOTAL BLUFF BEACH AREA = 0.'1868 ACRE �1 1 EXCEPT TO MAINTAIN "WOOD RAMP" ACCESS OVER LOT 2 4 LOCATION OF lP z • EARTH DRIVE OVER ELY. LINE; = 0.1076 ACRE EXISTING I � �o � ` FOUR (4) FT. WIDE PATH OVER LOT I. 1 1 SANITARY I� 9 ` • TOTAL BUILDABLE LAND5 = 10.5474 ACRES _ 1 SYSTEM Z z o2' SIN 0i 1 • TOTAL OPEN SPACE = 6.8286 ACRES I CO 'S l?I• " iP 6` 1 1 ° ply lo�� 1 • "THE APPLICANT SHALL HAVE THE RIGHT TO RELOCATE AGGE55 TO THIS SUBDIVISION FROM THE WESTERN PROPERTY W �I° SII W IN6 6` rn ` • PERCENT OF OPEN SPACE TO BUILDABLE AREA i l O pST 1 P,u1L9Opr 11 LINE TO THE EASTERN LINE OVER LAND NOW OR FORMERLY OF 1 _ OLP m 11 1 '36,000 5F 25 PATRICIA D. GARVEY IF THE FOLLOWING CONDITIONS ARE MET: = 6.3286 ACRES / 10.5414 ACRES = 60.0 q 1` 25 r INC 1 I• '' 1 I 1 I. APPLICANT, ITS SUCCESSORS OR ASSIGNS, MUST OBTAIN A KEY MAP ' DWELL et'x/ o� 1.11 I --1 20' I- MINIMUM OF AN ADDITIONAL 5 FOOT EASEMENT TO BE ADDED 1 o° NII 1 1 TO THE EXISTING 10 FOOT EASEMENT, TO BE ABLE TO CREATE A SCALE: I"=600' 1 3aA A\ Iw O �SN 12 15 FOOT WIDE RIGHT-OF-WAY FOR THE PURPOSE OF INGRE55 CLUSTER DIMENSIONAL REOUIREMENT5 I I oll N .s° ' 1 AND EGRESS TO THE SUBDIVISION; AND 11 1N ELEG�IC >7 00 1 1 ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE I 1 1 #2 1 �� I ETER �°� 'o1 � 2. THE GRANTOR MUST OBTAIN AN AMENDED SUBDIVISION DISTRICT, EXCEPT FOR THE FOLLOWING: 11� 1 w' TN J 1 ER ' 24' _ APPROVAL FROM THE SOUTHOLD TOWN PLANNING BOARD THAT MIN. LOT WIDTH = 150 FEET '1 I ZRANSFI�46'Ip°W 1 le �, REFLECTS THE NEW l5' RIGHT-OF-WAY FOR THE PURPOSE OF MIN. SIDE YARD = IS FEET Irt mlo �lio. lO,.w AID =210E 1 1 �F i INGRESS AND EGRESS TO THE SUBDIVISION." MIN. BOTH SIDE YARDS = 40 FEET 1— 1 O O v 5�0° 1 N 6 35�0.A IS zl (qt l;t _ 14253 , 1 I 2000' 1 1 Q W I ENGINEERS GERTIFIGATION ` 1 HEREBY CERTIFY THAT THE WATER 5UPPLY(S) AND/OR 1 1 20-00, � 1 ' 1 5EWAGE DISPOSAL 5Y5TEM(S) FOR THIS PROJECT WERE Fvo� 1 � 1 IDE516NEID BY ME OR UNDER MY DIRECTION. BASED UPON A w ;o 1 ? 919 VEHICLE TURN-OUT CAREFUL AND THOROUGH 57UDY OF THE SOIL, 517E AND 3 6,0 SCALE: I"=50' GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSED 011 CONFORM TO THE SUFFOLK COUNTY DEPARTM OF HE a09. = I N 1 1 SERVICES CONSTRUCTION STANDARDS IN EF ECT AS OF T{i15 130mp O 1 r LL TEST HOLES 1? 1 DATE. # # 1' TYPICAL PLOT PLAN Jr Fti 11M TH I TH 2 W MAY 13,2008 JUN.20,2000 � McDONALD GE05CIENCE WITNE55ED BY 50HD5 3 I I (p PROPERTY LINE 1 5' MIN 11 S 1 N4 p0 10"E y16°�4 O' r s WELL WELL HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893n •� " /�s' z , w Z �. t'r�l'. 1 1 fl d_ r 1 z_ THOMAS G. WOLPERT, N.Y.S. P.E. NO. 61483 d - EL=32.6' 0.0' EL=901.1' 0.0' 1 1 ' OS 24, 1 •' a L J � � s � �„ DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 808g'1 TOPSOIL 1 _T7 <Zw LOAM 1 400 i MOUSE HOUSE 4.00, BROWN 2.0 (0 �4.00'At B E 3 0 ' 4o'�O' c� ` 5URVEYOR'S CERTIFICATION ozw� SILTY MEDIUM ' ' S S C IN IB' NIB' 1 O 1 2 oEw G f11 w w <F SAND FINE ' 1 S = 1 -1 1 oz z (5M) SAND 4 1 I ? 1 1 �a "1 HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS FLAT ;�z N 1 O r o COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF o=Z.- GRAVEL 1 ' G(11 1 1 SEPnc 2 K , SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 2 18 0 2' TANK U.I ioaG OF THE N.Y.S. TOWN LAW 4 ARTIGLE XVIII OF THE CODE OF THE °�wo TOWN OF SOLTHOLD." ���� Foo `i GW EL=2.6' 1 �iG 1 MIN. M 30.0' 1 N 5p a` 9 Z <F z, M OF NO 1 9 z LEACHING POOL I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL �oa� 0I 1 m 1 p.REA` OLo 1. ' SURVEYS COMPLETED MAY 8, 2009 AND THAT A TE ;�N ATERDRONIN 1 1 ' I OPEN SN TOWN or 5O 1T ox 1 O ` MONUMENTS SHOWN THUS: M ACTUALLY EX15T D THEIR <mwa ° FINE To >� GONyERVp T ROAD POSITIONS ARE CORRECTLY SHOWN AND A DIMENSIONAL • v COARSE �'` 50UTkAoO_J EpSET''IBH 1 1 <_ n SAND 1 TO of dPT10N 9 9 20' AND GEODETIC DETAILS ARE CORRECT." F�`, ,•• •i =z'a SEP 9 -QZU 0 36.0' , 1 1 �' Z b, 1 -/'y►/ g-... N o I O IW • THERE ARE NO PRIVATE WATER SUPPLY WELLS OR lN��. y1 . � � �• . p l - i v,l 1 SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL Y - ,•` 1 ' lS1 1 UNLE55 OTHERWISE SHOWN. ' ' 1� - ` �P ole 1 �• .. •....._•...__..-.........,_..,,....,.__...,..._n.. ._.....,.....,..•..,._..- HOWARD ;. YOUNG, N.Y.S. L.S. NO. 45883 U 3JCCT lb Co ON5 Li2w,z;i 1 TABLE OF AREAS ' ' 11 1 ` �G� 5 OWNER dw 1 ' 20' 1 -------- m°z D 1 1 ,ARIES, LLG c/o SHAWN TULLY LOT TOTAL LOT BLUFF B BEACH EARTH DRIVE OPEN SPACE- DRIVEWAY BUILDABLE 1 >�� NUMBER AREA AREA OVER ELY.LINE AREA AGGE55 AREA AREA I 1 Z 1 1 535 WEST 23RD. STREET APT. SSK ��I 1 5.'7212 ACRES 0.9053 ACRE 0.0030 ACRE 3.1020 ACRES 0.6632 ACRE 1.4077 ACRES 1 ' 1 O ' PLANNING BOARD CERTIFICATION NEW YORK, NEW YORK 10011 "bim 1 ' I $Qo� 2 5.1206 ACRES 0.4015 ACRE 3.1466 ACRES 0.4446 ACRE 1.-12701 ACRES 1 1 E N n R. TOTALS 11.4418 ACRES 0.1060 ACRE 0.0030 ACRE 6.3286 ACRES 1.1078 ACRE 32156 ACRES 1 1 4.00 l0 O R=500.00' 1 THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN SUBDIVISION MAP V W E ` 24 p L=50.02' 1 APPROVED BY THE PLANNING BOARD OF SOUTHOLD. 50' RIGHT OF wAY -,3 SHAD `�I� TULLY 1 0 I ` 1 WITH 16' STONE BLEND c{ R=soo.00'� At East Marion T 4.00' L=50.02' DATE OF APPROVAL --____-- BY____________________ own of Southold A i 46',o°e � - I DR1YEwAY Z- N,�° 1 CHAIRPERSON Suffolk County, New York 25� (TOWN OF SOUTHOLD PLANNING BOARD) a4o� County Tax Map District 1000 Section 22 Block 5 Lot 2 ow'� zNog =54.75'PS E 19 10 - F I NAL PLAT ���� - ' 1 ° 1 R=34.00' SUFFOLK COUNTY DEPARTMENT OF HEALTH =___ 584 54'00"E L=46.101' //>P�/ 100 O 50 100 200 F`z E _102.'15' / 1 20.25' sal°4e'3o°W 1 q- N�q,46 X310" _ ° SER1/I GE5 HAUPP,4UGE N.Y. � �oarc �a 45.17' R� - ''�__- � � 18Q�• _� 1 N8�°48'30"E bq°y2j� �6, i 1 145.21' L 65 , 1 OCTacT o s Zoog vl kn} NOV 10 2010 u-P OCT 2 6 2012 L OCT. 20, 2015 1 150.06' \2 Z`50 1 DATE -JUL 0 2 2015 `�� SEPT.JUL. 25, 2015 210.60 �� �6q° r formerly � ►1 JUL. 02, 2015 1 q°A6 i_v 58"t 48 30 Y`t °ya o be11 1 TH15 15 TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT FOR MAY 29, 2015 oN4g 5"1 21 1 _ 1 n pnn Camp et}5 1 0 M (� SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL of 2 LOTS WA5 MAY 01, 2015 Qo Lot formerliy I Martha V• 5erem Ll L� APPROVED ON THE ABOVE DATE.WATER 5UPPLIE5 AND SEWAGE DISPOSAL FACILITIES APR. 20, 2015 MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF Of ' I,I or han}e \ OCT. 01, 2013 Now 1 Ntap Woody no g}Hotta gtep CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE FEB 1 2 23�5 FEB. 01, lois o�w� ° 1 dGreyt , Gam}Ile }Hotta DEVELOPMENT MAP 15 APPROVAL FILED WITBH THE COUNTY GL£K WI N ONE YEAR OF�5 Wow goun rd g NOV. 09, 2012 o ' gect}on 1 }2}(aha 1 DATE.CONSENT 15 HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS OCT. 15, 2012 �000 } ' �r7 ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH AUG. 04, 2012 <oF> j1e N° Lot PROVISIONS OF THE PUBLIC HEALTH LAW AND THE Y CODE. AUG. 04, 2011 oz �. � 10 1 SouthciciTown ><s� 1 d}y15}on Planning Board � pgyygr ,h,PE. SEP. 29, 2010 s y�°065 L ' "'�"� MAP PREPARED JUN. 25, 2010 a ` 1 hp Int �O J g �11e No. 0 DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY SCALE: I"=100' guff. G° JOB NO. 2006-0033 OF I O = MONUMENT SET ®= MONUMENT F°uND A= STAKE SET e= STAKE FOUND I DWG. 2006-0055-final-plat-r2 NOTES 400 Ostrander Averve, Riverhead, New York 11,101 N �-ONG, �"`� tel. 631.727.2303 fax. 631.7 27.0144 fadmin�youngengineering.com H6 LIAt=ALo 5,L A 1D • THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE �oNG 5, �cA�o MAR x/MN AS �TZ SO� �T AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. � q 4 /S 4 S730/0, �.812006 8 00 lel L NZ> //�4 �'� 5800 6 • A DECLARATION OF COVENANTS AND RE5TRIGTION5 HAS Howard W. Young, Land Surveyor 80'/8` 1 BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas G. WOipert, Professional Engineer p,QUAVIEW s LIBER—__GPDouglas E. Adams, Professional Engineer R. COASTAL -"O./q' 588°44'31"E EROSION 3 _ HAZARD LINE 86,81' 1 • THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE Robert G. Tast, Architect �� \ A �•�fALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD AND TOE OF � -- , BLUFF 1 LOTS MUST BE SOLD AS 5HOWN ON THE SUBDIVISION MAP. E SITE DATA d Tow TAIRS • VEGETATION WITHIN THE 100' NON-DISTURBANCE/NUN- TOTAL.. AREA � 11.x{-40 ACRES FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL ;-Yom: STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER NON-DISTURBANCE/ Tol-of ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT TOTAL NUMBER LOTS = 2 11�NON-FEBURT r1oN APPROX.LOG' BLUFF 1 ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE • ZONING USE DISTRICT OF*HIDE WIDE PATH = R-SO -1 S ABOVE, THE NON-DISTURBANCE/NON-FERTILIZATION VEGETATION • VERTICAL DATUM = N.G.V. DATUM (M.S.L. 19211) BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE � g oo'4rvE VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE .. < O _ _ OPEN 5P1�GE D,hT,4 50U 5 ;,. REMAINS 4740 -�15' 1242, —} 1 SOUTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN O� of 5Hm - �. _ TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES • TOTAL AREA = 11.4418 ACRES 1 1 5TY.BR. 15' HOUSE �L 1 IS PROHIBITED, THE CLEARING OF ANY KIND IS PROHIBITED, TOTAL BLUFF & BEACH AREA = 0.7865 ACRE li LOCATION OF 1 W 1 EXCEPT TO MAINTAIN "WOOD RAMP' ACCESS OVER LOT 2 $ EARTH DRIVE OVER ELY. LINEN = 0.1076 ACRE f Il t SEXIS'nNG -1 ANITARY 1 1 ,� 1 FOUR (4) FT. WIDE PATH OVER LOT I. + TOTAL BUILDABLE LANDS = 10.5474 ACRES 1 SYSTEM Z -� 02, W1 N1Q W S • TOTAL OPEN SPACE = 6.3286 ACRES CO 15 W- in 1 1 111 e ��` -w �,1 _ 1 "THE APPLICANT SHALL HAVE THE RIGHT TO RELOCATE > W O 610 ,1 '0 ,"` ACCESS TO THI5 SUBDIVISION FROM THE WESTERN PROPERTY . FERGENT OF OPEN SPACE TC BUILDABLE AREA �1 1191NG LINE TO THE EASTERN LINE OVER LAND NOW OR FORMERLY OF ®ST p 1 1y 8i1 LOpE 1 = 6.3286 ACRES / 10.5474 ACRES = 60.0 90 lI 1 O 1 OLP W_1 11 v p00 6F 2�, PATRICIA D. GARVEY IF THE FOLLOWING CONDITIONS ARE MET: 1 _ 1 36, 1 1 11 NIS I. APPLICANT, ITS SUCCESSORS OR A5516N5, MUST OBTAIN A KEY MAP it 1 WELLi MINIMUM OF AN ADDITIONAL 5 FOOT EASEMENT TO BE ADDED 38,000 yF N11 1 1 1 TO THE EXISTING 10 FOOT EASEMENT, TO BE ABLE TO CREATE A SCALE: I"=600' 11 1 - s 1 O \s 1 12 15 FOOT WIDE RIGHT-OF-NAY FOR THE PURPOSE OF INGRE55 CLUSTER DIMEN5IONAL REQUIREMENTS AND EGRESS TO THE SUBDIVISION; AND ALL LOTS SI-TALL CONFORM TO THE R-80 ZONING USE 1 1 1 EE R 5� °oma I 2. THE GRANTOR MUST OBTAIN AN AMENDED SUBDIVISION DISTRICT, EXCEPT FOR THE FCLLOINING: `I 24' APPROVAL FROM THE SOUTHOLD TOWN PLANNING BOARD THAT�� = 11 1ANS,aR1o,,/I REFLECTS THE NEW 15 RIGHT-OF-WAY FOR THE PURPOSE OF MIN. LOT WIDTH 150 FEET 131 MIN. SIDE YARD = 15 FEET 1� v_-Io __J0.10 , co 5-15 MIN. BOTH SIDE YARDS = 40 FEET 1 I INGRESS AND EGRESS TO THE SUBDIVISION." llm 1 m $ r y l8°46 1 NI6253 0#. w —I 20pO' 1 `I I a< ENGINEERS CERTIFICATION �� 1425`1 N 1 '� 1 HEREBY CERTIFY THAT THE WATER 5UPPLY(S) AND/OR `I 1 20'p0 1 1 SEWAGE DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE yo DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A w^F€ YEHIGLE TURN—OUT CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND 3aWo t 1 01 r SCALE: I"=50' GROUND _WATER CONDITIONS, ALLOTS, AS PROPOSE I rt CONFORM TO THE SUFFOLK COUNTY DEPARTM- _ HEA g = 1 N I 3 3 1 SERVICES CONSTRUCTION STANDARDS IN EF EG1"r 5"OF �i il`5 o TEST HOLES ' 1� 1 0 DATE. � <Nirg TYPICAL PLOT PLAN 1 wl� 1 1,9 � 1 1'C.� .r� ��, s e•;�,.�. ' LA MAY 13,2008 JUN.:2a,2 8 00 ' C 1 McDC"L4LD GE05GILNCE WITNESSED BY 5GHD5 1 -5 1 1 (p PROPERTY LINE � �4 � h PA!kf to°B y-IS°40 oo, , w WELL WELL _ ••.5. L.S. NO. 458�i3n . + HOWARD N. YOUNG, N. 1 fl 4.00 THOMAS G. WOLPERT, N.Y.S. P.E. NO. 61483 O z 1 DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 808W7 _ ' .Q -r"c '.�• �� EL=32.6' O.O' EL=3q.l' O.O' 1 S — 24, TOPSOIL 0.5' 1 1 I O pl m�1 G ' d �Zm LOAM 1 1 400' 1 z= HOUSE o. HOUSE � =N BROWIy 2.O' `1 1 ' = N N°a°°, "r 4010'E c� 1 SUR\/EYOR'S GERTIFIGATION z= � Nt8° i,w, 3 SILTY MEDIUM S 1 C Cid ` w -9FINE SAND 1 a 1 "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT (SM) s5Na 11 1 sEPnc o COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF `} GRAVEL 1 -{rt 1 1 �r TANK , SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 oaQ 1s.o' 1 I 1 1 p OF THE N.Y.S. TOWN LAN $ ARTICLE XVIII OF THE CODE OF THE =W�a s' TOWN OF SOUTHOLD." F o o Gw EL=2.6' 3a.o' ��� II 1 PEN 5ppGE 1 9 MIN t LEACHING POOL "I HEREBY CERTIFY THAT THIS MAP WA5 MADE BY ACTUAL 9o3m SURVEYS COMPLETED MAY 8,2009 AND THAT ALL_CONGRE� v BTERHN 1 1 O 1 OPEN p N� TO�ar � µ 1 O 1 ROAD POST ONS ARE CORRECTLTS SHONN THUS: ��Y 5HOWNLAND AST,DiMENSfbTHIN FINE TO TIVOI� Bp5> o COARSE 1 WN OF N 9 s 20, AND GEODETIC DETAILS ARE CORRECT." SAND ` a m J.•. a.,.�,, . 6-1z, (SW) 1 ' 1 EASE 9 lrl 1 z j [ 36.0' Lq 1 1 d 1 ala • THERE ARE NO PRIVATE WATER SUPPLY WELLS OR � � . 1 I �1 rn 1 SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL . i 1 l`P BIW 1 _ 1 UNLESS OTHERWISE SHOWN. W ° HOWARD 5,W. YOUNN.Y 5. L.5. NO. 45863 .� _ ,p`.•, " '�':•,,;,. +.� ,.a��'`�9P 13 1 TABLE OF AREAS ' o 1 ` 1 o O!>"JNER =w W ' 1 =o 20' 1 ARIE5, LLC c/o SHAWN TULLY LOT TOTAL LOT BLVFF d BEACH EARTH DRIVE OPEN SPACE DRIVEWAY BUILDABLEYNz NUMBER AREA AREA OVER ELY.LINE AREA ACCE55 AREA AREA 1 1 1 Z 1 1 335 WEST 23RD. STREET AFT. 551< a��a I 5.,212 ACRES 0.3853 ACRE 0.0030 ACRE 3.1820 ACRES 0.6632 ACRE 1.4877 ACRES 1 1 1 `3 O 1 1 PLANNING E30ARD CERTIFICATION NEW YORK, NEW YORK 10011 1 t �Qoo 2 5.,206 ACRES 0.4015 ACRE 3.1466 ACRES 0.4446 ACRE I.•T219 ACRES 1 1 11 Vim, ",e° MAP 1 4.8,10°E N i 1 BUD I�l I I O1� TOTALS 11.4418 ACRES 0.,868 ACRE 0.0030 ACRE 6.3286 ACRES 1.1078 ACRE 3.2156 ACRES 1 4•pO� � R=Soo.00 1 THIS 15 TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN �- s 1 1 9 24' L=so.o2' 1 APPROVED BY THE PLANNING BOARD OF SOUTHOLD. TULLN / SO' RIGHT OF NAS r $1 T 1 WITH 16' STONE BLEND �rn �� , RL °O2° DATE OF APPROVAL BY_______ Apt East Marion, Town of Southold �LLmw \ ' DRIVENAT' Z= N��`x'1011 § `I CHAIRPERSON Suffolk County N@w York p�w� (TOWN OF SOUTHOLD PLANNING BOARD) `~� o� aLLwa County Tax MaF District IOOO Section 22 Block 5 Lot 2 4am� �1 1 �• 1� a R=2q.50 p057 4 FZA1L 1 9W ! I I� L. FLAT 1 `� u z I o E L=54.75, s SUFFOLK COUNTY DEPARTMENT OF HEALTH — - - 584°54'00"E O` L=48.19' i�Uj®/ 100 0 50 100 200 b` 1 58,°48"30"W / / O i 1 t)x-a N °463,6 _102.75'_ .� 20.25' ° 4511' o„� � `- 1 SERIlIGES 4��eUPP,4UGE, N.Y. a�oo 7�Iia 4 - 1 N87 48 30"E q°0�i, ?6, 11 145.21' N 165.46 3� ��� 1 --- OCT. 20, 2015 O 4 �-p. ',3� DATE ------------ SEPT. 25, 2015 150.06' 4o�2 erg 1 1 Dy JUL. 02, 2015 N84'S4'oo°W 210.60 or form 11 1 �a�3 1 THIS 15 TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT FOR MAY 2Q, 2015 s g`IQ°q63 w S87 48 30 W now be SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS NAS APPROVED 1�AY 01, 20153 1 1 pnn 001,9 rrietis 1 NOV 0 5 2015 F $ Lat 2� rmerly , Martha � Sere ON THE ABOVE DATE.WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST APR. 20, 2015 a>^a Qf or fQ ante CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION OCT. 01, 2015 ��g 1 Map d5" 1 nQW Inotro gteph 1 AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS.THIS o 1 I rest WpO a ,11e g tra ' APPROVAL SHALL BE VALID ONLY IF THE REALTY 5U5DIV1510N OR DEVELOPMENT MAP FEB.FEB. 01, 2013 ooy 11 I5 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THI5 DATE.CONSENT 15 Planning Board NOV. Oct, 2012 ozs” I gQund� 1 G rd Bina geGtiQl'1 , a 1 HEREBY GIVEN FOR THE FILING OF THI5 MAP ON WHICH THIS ENDORSEMENT APPEARS IN OCT. 15, 2012 �o�g l y,3'tj t ,O 1 THE OFFICE OF THE COUNTY CLERIC IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC AUo. 04, 2012 <US I' mr 11No• ' LO HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. AUG. 04, 2011 `�3 1 dile gv \d\/ 5lo Ody' 1 MAP PREPARED JUN. 25, 2010 Sz 0 1 1 1 Q1nt Y 0 --- - —VITO A.MINE[,P.E. a 1 1 „�i9hp Fide No• 00515 DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY SCALE: I"=100' guff• G°' JOB NO. 2600-0033 OF E = MONUMENT SET i8= MONUMENT FOUND A= STAKE 5ET A= STAKE FOUND DWG. 2006_0033_f Ina I_r lat_r2 N Lp NOTES 400 Ostrander Avenve, Riverhead, New York !I'i01 YG tel. 631.-127.2303 fax. 631.'72"1.0144 I admin�young�:ngineertng.com ri /SL/4N THE APPROVAL OF THI5 MAP DOES NOT CONSTITUTE THE Lo iW R &q� "'� AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROAD5. LANG W E S q7�oNNA ,AS Xlpgq� SpU 0 /S�_.4,v �3 �0 2�„ �'A 2p06 ' A DECLARATION OF COVENANTS AND RESTRICTIONS HAS Howard W. Young, Land Surveyor 5cUj 2.45 F 58�, BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas G. Wolpert, Professional Engineer VIEW ' n 1 Dou las E. Adams, Professional Engineer S 8�Z LIBER J 9 9 pQUD!g COASTAL \ I50.'Q I 588044 X31"1= 1 »o ,+ ! IOL \ \\ 34 z 80,81 < • THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE Robert G. Tast, Architect ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND \� ��\ \ BiuF�F , LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. E 51 TE DATA TDt^IN WOOD a ..: • i i TOTAL AREA -- 11.4418 ACRES STAIRS � \ \ ' re VEGETATION WITHIN THE 100 NON-DISTURBANCE/N0N- . FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER w ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT • TOTAL NUMBER LOTS = 2 i" 100 NON-DISTURBANCE/ APPROK LOG. TOP OF • ZONING USE DISTRICT d NON-FERTILIZATION BLUFF 1 ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE OF 4'WIDE PATH !a \ BUFF S ABOVE, THE NON-DISTURBANCE/NON-FERTILIZATION VEGETATION VERTICAL DP.TUM = N.G.V. DATUM (M.S.L. IQ2a) , ssr�'. µ 11 BUFFER AREA MAY BE SUPPLEMENTED 1A11TH ADDITIONAL NATIVE g��.sas°oo'4r'E VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE =_- -_- - - - - -�__Naa�o3'3a°E,_._._.-. 11 OPEN SPACE DATA �T���N BI-VD' d �--^' p ��8 a7ao ` SOUTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN g0 p REMAINS 1 �1� �} 12427' �I ` TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES TOTAL AREA = 11.4418 ACRES 1 5TY.BR. HOU5E �� ` #1 pu 1 1 15 PROHIBITED, THE CLEARING OF ANY KIND 15 PROHIBITED, • TOTAL BLUFF & BEACH AR'.EA = 0."1868 ACRE APPROX. 1 w _ EXCEPT TO MAINTAIN "WOOD RAMr7" ACCESS OVER LOT 2 S LOCATION OF + } - FOUR (4) FT. WIDE PATH OVER LOT I. EARTH DRIVE OVER ELY. LINEN = 0.1016 ACRE 1 EXISTING o • --- � 1 SANITARY _ 1 TOTAL BUILDABLE LANDS = 10.54"14 ACRES SYSTEM ,5.02' �ri� s • TOTAL OPEN SPACE = 6.3286 ACRES c Q glw Co �- � p ' • "THE APPLICANT SHALL HAVE THE RIGHT TO RELOCATE T �� IM'9 ' ACCESS TO TH15 SUBDIVISION FROM THE WESTERN PROPERTY PERCENT c t Ul p��o ° , O- � G - N rn � RGENT CF OPEN 5. AGE TO BLILDABLE AREA p 0 O -� ®ST k11 � 2 8U11'9'ppE , 1 LINE TO THE EASTERN LINE OVER LAND NOW OR FORMERLY OF = 6.3286 ACRES / 10.5474 ACRES = 60.0 10 I 13 LP N-1 V= BN LO 5F 25' PATRIGIA D. GARVEY IF THE FOLLOWIN6 CONDITIONS ARE MET: , O rnll tP 1� 35'°O 1 1 I. APPLICANT, ITS SUCCESSORS OR ASSIGNS, MUST OBTAIN A li 25 - BUILD O� ,1 KEY MAP WELL eF i O 1 --{ 20' - MINIMUM OF AN ADDITIONAL 5 FOOT EASEMENT TO BE ADDED TO THE EXISTING 10 FOOT EASEMENT, TO BE ABLE TO CREATE A 1 ' 38Aoo I + IZ' 15 FOOT WIDE RIGHT-OF-WAY FOR THE PURPOSE OF INGRESS SCALE: I"=600' 1 '1 0 1 \s� 1 I AND E6RE55 TO THE SUBDIVISION; AND CLUSTER DIMENSIONAL REQUIfi EMENTS MECTFtIC 0059 I 2. THE GRANTOR MUST OBTAIN AN AMENDED SUBDIVISION ALL LOTS SHALL CONFORM TO THE R-So ZONING USE 1 1 1 1 TER OSSV 'O N 1 FpR�rely o\- ' 24' APPROVAL FROM THE SOUTHOLD TOWN PLANNING BOARD THAT DISTRICT, EXCEPT FOR THE FOLLOWING: 1� � 1 1 �ANSfO to°W REFLECTS THE NEW 15' RIGHT-GF-WAY FOR THE PURPOSE OF RMER 1 I6' � MIN. LOT WIDTH = 150 FEET 0�0' t, - Ao S-ID eras. d 1 1 1 INGRESS AND EGRESS TO THE SUBDIVISION." MIN. SIDE YARD = 15 FEET Ir mA 11Nna°ab,\o ` Q z I MIN. BOTH 51DE YARDS = 40 FEET W I >W rlpp� 142`x3 a 1 24 I di 3' r WEL �s s 20.00 1 1 I A I o � 1425a� a 1 ENCS I NEER'S CERTIFICATION 1 9, 1 1 2op0' 1 * 1 HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR 1 1� 1, SEWAGE DISPOSAL 5YSTEM(5) FOR THIS PROJECT WERE VEHICLE TURN-OUT DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A 3�mo 1 1' SCALE: I"=50' CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND 1 I �'1 ` GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOSE Via' 1 1 N 1 1 CONFORM TO THE SUFFOLK COUNTY DEPARTM,PN'{_OF aH:A_T��I o ` - SERVICES CONSTRUCTION STANDARDS IN EF EC ����?r`THIS\ �< TEST HOLES ` 1? 1 0 1 DATE. r � 1 �Iw 1 o , TYPICAL PLOT PLAN ,a, �� G. 1?; _2 ' N. � � TH I TH ' 1 1 0 1 1 d n MAY 13,2008 JUN.25,2008 1 1 1` PROPERTY LINE � ILS• w MGDONALD GEOSGIENCE WITNESSED BY 5GHD5 ' ` Y . 11 S Ab'10"B W _ 1 6-- WELL 5' MIN fir.' o "5 1 N la° e�6°AO'p0"� WELL 4A0 �s , z 37 HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893n o.o' 11 O W ZA, l o 1 THOMAS G. WOLPERT, N.Y.S. P.E. NO. 61483 \' S` Q t'1 TOP501L �1 DOUGLAS E. ADAMS, N.Y.5. P.E. NO. LOAM _A3 os' 1 11 400 s 3-LOUSE moo. �-fOUSEawo 1 c A0o'Ay'lo"� Ao'10'2 z �` 1 z oW BRor�N 2.0' ` si N�6° 1 O r 1 SURVEYORS CERTIFICATION a SILTY MEDIUM , �O 1 1 �rn 2 iLo�F -9 5AND FINE Z 1 g r w HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT o=�Q s (5M) 50ME t OG rn 1 1 1 �. y TRK° COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF GRAVEL 1 1 -1 1 1 1 SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 2.75 S zw�� 1 _ 3 s' OF THE N.Y.S. TOWN LAW d ARTICLE XVIII OF THE GODS OF THE 0 Sk MIN.�Z LEACHING POOL TO1^lN OF SGUTHOL.D." GW EL=2.b' CS OPE P NOJ IcP "I HERESY CERTIFY THAT THIS MAP NAS MADE BY ACTUAL �,o rcaw- WATER IN 11 ' O 1 N SPp`G� TOWR�5O`�oNV I N 1 SURVEYS COMPLETED MAY 8,200'? AND THAT BRowN 1 i�l O P N0.2 GotAselz T O ' ROAD M S: V ^w MONUMENTS SHOWi� THUS. ACTUALLY EXIST ND THEIR w i P Tlio>9 EA`'EM POSITIONS ARE CORRECTLY SHOWN ANDA I t�C�fQ AL131-, � w FINE TO OF 50U 9 9 20' r ✓ 1 dP ,+ AND aEODETIG DETAILS ARE CORRECT.' - `X/ ' azF o COARSE 1 TOG0N5 TION J 1 ' s.1 !- 4 0 o SANP (SV'✓1 ', t 1 rGpel;�Nt THERE ARE NO PRIVATE WATER SUPPLY WELL5 OR 1 1 7n Iz ° SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL w e ml 1 � , olio 1 _ 1 UNLESS OTHERWISE SHOWN. _ old ar ..��' HOWARD W. YOUNG, N. .S. L.S. NO. 458ci3 •-�.V;�- TABLE OF AREAS ' 1 � '� W W U ,1 , r 20, �rn 1 1 ObNNER =N=� o' LOT TOTAL LOT BLUFF 8 BEACH EARTH DRIVE OPEN SPACE DRIVEWAY BUILDABLE r 1 1 1 � PARIES, LLG c/o SHAWN TULLY Joao NUMBER AREA AREA OVER ELY.LINE AREA ACCESS AREA AREA 1 O 1 1 I 5.7212 ACRES 0.3853 ACRE 0.0030 ACRE 3.1820 ACRES 0.6514 ACRE 1.49G5 ACRES 1 ' 1 - 1 PLANNING BOARD CERTIFICATION 555 WEST 25RD. STREET APT. 55K 1 �o8alro NEW YORK, NEW YORK ;call �Wo� 2 5.'7206 ACRES 0.4015 ACRE 3.14b6 ACRES 0.4446 ACRE 1.72?q ACRES ' 1 11 11 N tb°�.,0 �~W TOTAL'S 11.4418 ACRES D."f869 ACRE 0.0030 ACRE 6.3286 ACRES 1.0160 ACRE 32274 ACRES 1 ,4•°° O 1 O r 1 THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN t-�I` / 1,� MAP t� 1 9 `y� 2A1 1 A rn 1 APPROVED BY THE PLANNING BOARD OF SOUTHOLD. �U 1..� 11F (�I®I v I`I l't f- 5HANN 7ULL�Y N 50' RIGHT OE W 4Y old e-la°4ODD12' 1 WITH 16' STONE BLEND c{ �' ------- ANN DATE OF APPROVAL _ BY--------------------- I T 4.p .4y,o"B t� 2O ' CHAIRPERSON At East Map Ion, Tov4n of Southold "~ DRIVEWAY Z NQS° S, 1 aao N \ ' O 10 (TOWN OF SOUTHOLD PLANNING BOARD) Suffolk County, Neal York a�oo c rli rn 1 o w c o County Tax Map District 1000 Section 22 Block 3 Lot 2 �amw FINAL ! a�I /gyp�o -54. 1 Rp,IL IItJI m A' IA.. l J..�r"4T 75 1 R=34.00'"' 1 J SUFFOLK COUNTY DEPARTMENT OF HEALTH Far zw2'a 584°54'00"E SERVICES HAUPPAUC�E, N.Y. �xw� _102.75' 1 20 25 sat°4e 3o"w y �z o 1 N�q°g63O � � 45.IP W R`�'� '� 1 - _ N8-1°48'30"Eq� 100 O O 00 200 a �oaa 145.21' j Al o I� 33� 1 1 DATE -------------- ° N 165.46' SEPT. 25, 2015 O r 0.06' N 210.60' a g2 er�y , 1 (� n n JUL. 02, 2015 1 - 184040„W 1 N84°54'00"W o �� 5� or form " 1 1 THI5 15 TO CERTIFY THAT THC PROPOSED REALTY SUBDIVI5ION OR DEVELOPMENT FDR D II U MAY 2ci, 2015 000� 5"iq°46 3 g8'i 48 30 W noW m be SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS WA5 APPROVED v l l� A.AY 01, 2015 E> A t 2 , ri ,1 Arthcl p nn GSere�iett5 1 ON THE ABOVE DATE.WATER SUPPLIES AND 5EWAGE DI5=0 AL FACILITIES MUST APR. 20, 2015 } LO rme y �. CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION T C OCT. 0I, 2013 1 MAP °f pOdy„ ' noW or fO ° hQnte 1 AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO TH05E 5TAN1ARD5.THIS OCT O 2 2 -- V`i .me srotr ' Step APPROVAL SHALL BE VALID ONLY IF THE REALTY 5'J3DIVI5ION OR DEVELOPMENT MAP FEB' OI, .2015 o��Q 1 1 und°re5t 1 GAm SinQtrA IS DULY FILE)WITH THE COUNTY CLERK WITHIN ONE YEAR OF THI5 DATE.CONSENT IS NOV. Oq, 2012 1 HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS ENDORSEMENT AFPEAR5 IN Southold Town Oe-,T. 15, 2012 foo w 1 5O Septi°n i 1 R1GhArd THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC AUG. 04, 2012 X315 `Ot �O , Planning Board E. 1 NO HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. AUG. 04, 2011 a s z Ile 5ubdtv15iOn ' 5EP. 2ci, 2010 int y�o°d 5 3� VITO A.MINEI,P.E. MAP PREPARED JUN. 25, 2010 1 ❑y�ighp Elle N° loo DiREGTOft,DIVISION OF ENVIRONMENTAL QUALITY SCALE: I°=100' 1 Buff Go. 1 JOB NO. 2006-0033 0F 1 E = MONUMENT SET ®= MONUMENT FOUND A= STAKr- SET A= STAKE FOUND DWG. 2006_0033_f ina I_p lat_r2 NOTES 400 Ostrander w Y Avenve, Riverhead, New 11901 N �oNG tel. 631.121.2303 fax. 631.727.0144 1 admin@youngengineering.com 4 LTGH 1Np AL0 S�- ND THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE <�NG 5 oGA�o MARK A Oxy IA SOI I �T AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. Oil � you� /S< .S73 o N� b 2 TE �� 1 SND S 11 1� 0p6 A DECLARATION OF COVENANTS AND RESTRICTIONS HAS Howard W. Young, Land Surveyor S600/81 1 BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas G. WOI ert, Professlonol En (neer VIEW S 1822"F ° 11 LIBER----GP____ Douglas E. Adams, Professional Engineer AGIUA coASTAL l�4.19 888 44 31 Robert G. Tast, Architect DR. EROSION S6.SI' fic THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE HAZARD LINE TOE OF e f ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND BLUFF 11 w E LOTS MU57 BE SOLD AS SHOWN ON THE SUBDIVISION MAP. d rowN \. ,� SITE DATA RU wooer STAIRS ' ` ` '' • VEGETATION WITHIN THE 100' NON-DISTURBANCE/NON- TOTAL AREA e 11.4418 AGRE5 Ny \ 1 FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL O RAMP STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER l00'NON-D15TURSANGE/ TOP OF ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT TOTAL NUMBER LOTS NON-FERTILIZATION APPROX.LOG. = 2 O-A /" BUFFER OF 4'WIDE PATH BLUFF ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE • ZONING USE DISTRICT = R-bc S ABOVE, THE NON-DISTURBANCE/NON-FERTILIZATION VEGETATION • VERTICAL DATUM = N.G.V. DATUM (M.S.L. Ig2q) BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE N BLVfl u' /� eg 85. 0-41-E- _ _,_ _ _ J_Na9°0338"� _•_,_,_- VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE 50U�NER --• OPEN SPACE DATA l -- REMAINS - 8740' �13' 12427' 50UTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN OF sNED I I STY.BR. 15 �_ TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES . TOTAL AREA = 11.4418 ACRES - HOU5E I ALL 1 IS PROHIBITED, THE CLEARING OF ANY KIND IS PROHIBITED, • TOTAL BLUFF b BEACH AREA = 0.-1868 ACRE ' LOCATION OX. I y ` 'CH#1 1 EXCEPT TO MAINTAIN "WOOD RAMP" AGGE55 OVER LOT 2 8 U1 • EARTH DRIVE OVER ELY. LINEW = 0.10-16 ACRE r LOCAS IN OF FOUR (4) FT. WIDE PATH OVER LOT I. EXISTING - '� I I o I 1 SANITARY I cp `� Si 1 • TOTAL BUILDABLE LANDS = 10.54'14 ACRES SYSTEM -Z 11 co ,507 I �9 v. 1 TOTAL OPEN SPACE = 6.3286 ACRES 1 1 W ►�'f ST �I11 8u1�1�e w PERCENT OF OPEN SPACE TO BUILDABLE AREA 1 1 W ® LP 125, 1 - 6.3286 ACRES / 10.54-74 ACRES = 60.0 go 1 I O 11 N 38,000 1 1 - I o 25. KEY MAP 1 1 WELL I 3E,yl-�5P N 11 I I 'I :20- 5D.00 0' I~ 50ALE: I"=600' ', I © 1 12 CLUSTER DIMENSIONAL REG2U I REMENT5 1 ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE 24' DISTRICT, EXCEPT FOR THE FOLLOWING: 1p 1 -0 , 11 I 98°46'10°W \ 1 I6' 1 rIQ �nO to „� 1 5 12 - 1 I MIN. LOT WIDTH = 150 FEET 1rn 1 0'o r 5�a°,x,10 1 _ .N b =o A I }Z I MIN. SIDE YARD = 0 FEET MIN. BOTH 510E YARDS = 40 FEET 0 1 I �Im 5'16°x,10�- _ t 12�SON, 1 1 w _ I �QI -�� q / ENGINEER'S CERTIFICATION 0 Nso 1 1 Qw O 12�� �,2O•p0 I .- 115.00 N 1 1 1 1 20'p0 15.00' m 1 * I HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR 5EWA5E DISPOSAL 5Y5TEM(5) FOR TH15 PROJECT WERE �NFo 1 X19 VEHICLE TURN-OUT DESISNED BY ME OR UNDER MY DIRECTION. BASED UPON A 3�mo a 11 11` SCALE: I"=50' CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE_AND..,y �o;z GROUNDWATER CONDITIONS, ALL LOTS, AS P,R0 05 �� 1 I 9 I CONFORM TO THE SUFFOLK COUNTY DEPAR i11- ',517,* TEST HOLES 1 Iz 1T� S:pt:�Hr ` «�< 1 SERVICES CONSTRUCTION STANDARDS IN' E ° DATE. /'/, `� 1.••< �vQo TYPICAL. PLOT PLAN �� ~'�_.''° x�10 ^ ti 1 Jy r- '." �.I MAY 13,2008 JUN.2a,2008 1 1 MGDONALD GEOSCIENCE WITNESSED BY 5GHD5 , I -- 1 9 PROPERTY LINE '1 5 1 Nla° 1OE Nt8° 4p0` < 1 w WELL WELL ? "� >- 0"E_� 5 5 5' MIN <+. N 46' 401 t �`•. 4.00 fps I z HOWARD W. YOUNG, N.Y.S. L.S. NO. 458g3n \� �^•: r `';1 '� �= 5 1 ° �2 4' °`� `� 1 J THOMAS C. WOLPERT, N.Y.S. P.E. NC 61413RTI EL=32.6' 0.0' !El =501.11 O.O' S -Si 2 91'0 TOPSOIL 1 -�, w t o { DOUGLAS E. ADAMS, N.Y.S. P.E. No. 80897 <F 0.5' 1 1 pl i ca11 ' LU Q LU �o LOAM 1 3 �� 4.00' z o HOUSE HOUSE Joy BROWN 2.0' INO�46'10"E NZa°40'10°E 1 O 11 Z � wz SAS MEDIUM s s 1 �rn o . z SUR\/EYOR S CERTIFICATION N !sM) 6vEla_ 111 11 11 1 SEPTIC "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT oaNQ 1 `I TANK 1LI COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF �o�o SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 zw<a 1 I 1 1 M5� OF THE N.Y.S. TOWN LAW $ ARTICLE XVIII OF THE CODE OF THE jFoo n GW EL-2.6' 30.0' 1 pE11 SP�GE 1 s� Z TOWN OF SOUTHOLD." <�aw (� 1 n LEACHING POOL r o V O NO.1 cs OLD eROHNpP�N 5p p Tow°P ,�pT1oN 11�P 11 "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY.AC,MA1t:�� o� Q ° SSP.N GO ,BENT ROAD SURVEYS COMPLETED MAY 8,2009 AND THAT FINE TO 1 1 1 �Un10W EASE 1w k ar, , aswo COARSE WN of TION s. I 2O' MONUMENTS SHOWN THUS: 13 ACTUALLY EX IS NDf�Ei"R . .t '" w M SA`� 1 ' ' -1 I TOGONS�V NT N 1 POSITIONS ARE CORRECTLY SHOWN AND A DIMEN616N `':" �oF o (SWI , EPS1:P , 1 1 AND G ODETIG DETAILS RE CORRECT." i of P NOTE: _' 36.0' 1 i y 1 0 FIVE (5) EXISTING UTILITY -°- 1 C1 �+o THERE ARE NO PRIVATE WATER SUPPLY WELLS OR - 0 POLES TO BE REMOVED. SANITARY SY5TEM5 WITHIN 150' OF THE SUBJECT UNLESS OTHERWISE SHOWN. W _ old p154. fA ' ; h . HOWARD YOUNG, N.Y.S. L.S. NO. 455c[5 =11")*y„"" A `v• magi TABLE OF AREAS 17\1 1 11 2O 3 1 " -z✓r 1 1 1 ?I� 1 IwI az = LOT TOTAL LOT BLUFF b BEACH EARTH DRIVE OPEN SPACE DRIVEWAY BUILDABLE 1 OJ'`4NER YN NUMBER AREA AREA OVER ELY.LINE AREA EASEMENT AREA AREA a�. o 1 1 z-c 1 � 1 5-'1212 ACRES 0.3a53 ACRE 0.0030 ACRE 3.1820 ACRES 0.6451 ACRE 1.5058 ACRES 1 1 1 1 PLANNING BOARD CERTIFICATION ARIES, LLG G/O SHAWN TULLYoNm 535 WEST 23RD. STREET APT. 55K 2 5.'1206 ACRES 0.4015 ACRE 3-1466 ACRES 0.4446 ACRE 1.7219 ACRES t 11 11 11 N 46.10">: N�8°40`10"B I 1 NEW YORK, NEW YORK 10011 g= 00, 4-p0 TOTALS 11.4418 ACRE5 0.'1868 ACRE 0.0030 ACRE i 6.3286 ACRES I.059"I ACRE 3233'1 ACRES 1 Q 442.0 � 1 THIS IS TO CERTIFY THAT THI5 SUBDIVISION PLAN HA5 BEEN 1 ' 9 24' 0 1 APPROVED BY THE PLANNING BOARD OF SOUTHOLD. 50' RIGHT OF WAY ole 1° = 1 SUBDIVISION MAP N = ° 46' °40, °E SHANN TUL.L.Y 1 WITH 16' STONE BLEND c 0, 4.00 z 1 DATE OF APPROVAL -------- BY--------------------- 70 4.0 -" DRIVEWAY Z- N1a° N19 c nl 1 CHAIRPERSON �Nw� (TOWN OF SOUTHOLD PLANNING BOARD) At East Marion, Town of Southold g��= K to Suffolk County, New York Qpm usl`� PROPOSED bpm owo� UTILITY POLE nLl / W Z2 Block 3 Lot 2. W��o < L=54.75,O'poS E 1� ' La County Tax Map District 1000 Section 0 �- m =��o 1 , 0 _ SUFFOLK COUNTY DEPARTMENT OF HEALTH a - 1 584°54'00"E R=34.00In - _� 1 1 58 1°4830yi L=48.19' , v P{ 1 2 SER g I S HAUPPAUGE N.Y. FINAL LAT W8E 30"B _102.75 20.25 c, o w N-ig10q art- - 1 N87°48'30"E 45.x1' a°521 1 1 '113 CT 0 o �_ - - - 145.21' 1 �oa� ' 1 a NOV 1 0 2410 ` 4vtL loo o 50 loo 200 - 165.46' ' 1 1 N 6 2012 p p �'Z��3\ A DATE _ OCT ----- - 1 4 04' 1 N84 4 00" � 210.60' �q°5� r,.�ierl1, 1 as 0 2 2Q15 or fO J 11 1 I � THI5 15 TO CERTIFY THAT THE PROP05ED REALTY 5UBDIVI510N OR DEVELOPMENT FOR nn MAY 29, 2015 <�< g l °46 S i� 58'1 48 30 W W m�jbe }- E U MAY OI nn Ga 1� �15 Z SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS WAS APPROVED D , 2015 o � 1 dot 21 erly , arth° �` cjereme 1 Z ON THE ABOVE DATE.WATER SUPPLIES AND 5EWAGE P15PO5AL FACILITIES MUST rt APR. 20, 2015 Of y r or form M hanle v• 1 w CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION ,J U L 1 V 2015 OCT. 01_2015 o Niap f °ods 1 1'10 g111Gitra Step ?� AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS.THI5 FEB. OI, 2013 o �w i 1 GreSt W , Gam;lle otro I U APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR DEVELOPMENT MAP NOV. O9, 2012 NpNr 1 „govnd 1 rd gin O 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THI5 DATE.CONSENT 15 Gtlon , ,Cha 1 HEREBY 61VEN FOR THE FILING OF THI5 MAP ON WHICH THI5 ENDORSEMENT APPEARS IN Southold Town OCT. 15, 2012 �� } } 1 geNo L°t lO 1 h THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVI510N5 OF THE PUBLIC Planning Board AUG. 04, 2012 �oa� Ftle ' ton AUG. 04, eon Q = U HEALTH LAW AND THE SUFFOLK COUNTY SANITARY GODS. +.......,..,.� s 1 guhjdivl5 „ w ► ', 1 1 1 h olnt vjOO p03� ----------- --- Ws1s�r�laNyc .k,lr.,P . MAP PREPARED JUN. 25, 2010 t ' N DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY 1 � 1 �10� p File gvf f G°• Na• SCALE: 1"=100' JOB N5. 2006-5533= MONUMENT SET ®= MONUMENT FOUND = STAKI SET ®= STAKE FOUND DWG. 2006_0033_final_plat_r2 OF I O NOTES 400 Ostrander New York Riverhead, NeYork I1a01 N L pNG tel. 631.727.2303 fax. 631.727.0144 1 adminoyoungengineering.com TSE LIi ^AND • THE APPROVAL OF TH15 MAP DOES NOT CONSTITUTE THE Lo IR q sOI / AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. 4 x oiv� /S w �, ... E 573, G a ON U1�D N `SND Sp l/����' 2006 • A DECLARATION OF COVENANTS AND RESTRICTIONS HAS Howard W. Young, Land Surveyor VND 4S' S$po�$, �� ,1 BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas G. Wolpert, Professional Engineer AQUAVIEW S / �� e LIBER,__GP____ Douglas E. Adams, Professional Engineer DR. COASTAL .r9� SW44'Sl It I n� Robert G. Tost, Architect • �%�-��' HAZA�IONNE 86.$1' fi� THE LOT LINES OF SUBDIVISION MAPS A5 FILED, CANNOT BE ` TOE OF ALTERED WITHOUT PERM15SION FROM THE PLANNING BOARD, AND BLUFF 1` W 1, E LOTS MUST BE SOLD A5 SHOWN ON THE SUBDIVISION MAP. rn N y TOS• <�>�; _ - � �� � 51 TE DATA +� I " • VEGETATION WITHIN THE 100' NON-DI5TURBANGE/NON- TOTAL AREA = 11.4418 ACRES STAIRS FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER TOTAL NUMBER LOTS loo'NON-DISTURBANCE/ TOP OF 1 ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT = 2 APPROX.LOG. NOM-FERTILIZATION BLUFF ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE ZONING USE DISTRICT = R-80 7U � / ✓! •� � BUFFER OF 4'WIDE PATH S ABOVE, THE NON-D15TURBANGE/NON-FERTILIZATION VE6ETATION VERTICAL DATUM N.G.V. DATUM (M.S.L. lata) �p BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE � ��!.r;- moi° �•� µ 585°00'41 E ll THERN$L`�p 0 ��e3�"--.�.– _._.J._N8q_0338"E•- 1 VEGETATION SUB�EGT TO REVIEW AND APPROVAL OF THE OPEN SPACE DATA 117.40' SOUTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN gOU Z/"" � REMAINS - � �15' �'—1242?' - .- j: I STY. WELL _ TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES TOTAL AREA = 11.4418 ACRES HouSE �� 1 IS PROHIBITED THE CLEARING OF ANY KIND I5 PROHIBITED, //�%�` 1 APPROX. , (N � § 1 EXCEPT TO MAINTAIN "WOOD RAMP" ACCESS OVER LOT 2 B • TOTAL BLUFF ff BEACH AREA = 0.78(08 ACRE f L0CAT10N OF - FOUR (4) FT. WIDE PATH OVER LOT I. EARTH DRIVE OVER ELY. LINEW = 0.1076 ACRE 1 TOTAL BUILDABLE LAND5 = 10.5474 ACRES EXISTING ' -A 1� o � 1 SANITARY � Cp - - � SYSTEM -z 15 02 - 1 X19 9 • TOTAL OPEN SPACE = 6.3256 ACRES CQ , �'i"�S 1 "THE APPLICANT SHALL HAVE THE RIGHT TO RELOCATE ACCESS TO THI5 SUBDIVISION FROM THE WESTERN PROPERTY PERCENT OF OPEN SPACE TO BUILDABLE AREA ®sT SII 2 8v1�1 , 1 LINE TO THE EASTERN LINE OVER LAND NOW OR FORMERLY OF = 6.3286 ACRES / 10.5474 ACRES = 60.0 90 1 LP u'1 EN`Po Sr 2S' PATRICIA D. GARVEY IF THE FOLLOWING CONDITIONS ARE MET: 1 O 6V 30000 1 �/ 1�,� 1 1 2S'r1`91Ne -111N ! ► I 1 I. APPLICANT, ITS SUCCESSORS OR ASSIGNS, MUST OBTAIN A KE"r MAP ; 11 WELL 1 N ADDITIONAL 5 FOOT EASEMENT 70 BE ADDED gepo F `1, 1� ?2 TO THE EXISTAING 10 FOOT EASEMENT, 0 BE ABLE TO CREATE A SCALE: 1"=600' 1 9_ O 1 15 FOOT WIDE RIGHT-OF-WAY FOR THE PURPOSE OF INSRESS o �A 1 AND EGRESS TO THE SUBDIVISION; AND CLUSTER DIMENSIONAL REQUIREMENTS 1 1 1 O 11 N� _T 11 #2 1111 1 EEO,�RC �q�N I I 2. THE GRANTOR MUST OBTAIN AN AMENDED SUBDIVISION ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE 24' _ APPROVAL FROM THE SOUTHOLD TOWN PLANNING BOARD THAT DISTRICT, EXCEPT FOR THE FOLLOWING: �.-� 11 1 �ANS70R10"I'I 1, 16' 1 REFLECTS THE MEW 15' RIGHT-OF-WAY FOR THE PURPOSE OF MIN. LOT WIDTH • = 150 FEET ,� Arlo _�I�0.10 W 1 _ Pp 5 12-- I INGRESS AND EGRESS TO THE SUBDIVISION." MIN. SIDE YARD = 15 FEET Irn m-_$ r 5,e°� 1 .-— N,a°46'!o.P. }Z Is 11 0l m_� MIN. BOTH 510E YARDS = 40 FEET iq5 46,10°W m Sia° G l= J Y�L �Ao'20.00 1 1 I A 1 1 1 ENGINEER'S CERTIFICATION '1 1 20.00 1§ 1 * I HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR � o 1 NIS 1 5EWA6E DISPOSAL 5Y5TEM(5) FOR THI5 PROJECT WERE ��>o 1 X19 VEHICLE TURN-OUT DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A 3��0 SCALE: I"=50' CAREFUL AND THOROUGH STUDY OF THE 501L, 51TE AND ��oo rn GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS _ a CONFORM TO THE SUFFOLK COUNTY DEPARTM N ; �HES o o 0 wZ Q o I SERVICES CONSTRUCTION STANDARDS IN EF�1�Gh > FTH15 TEST HOLES 1 0 � 1 0 1 BIW 1 1 TYPICAL PLOT PLAN DATE. TH#1 TH#2 1 WI 11 0 0 MAY 15,200a JUN.28,2008 1 <� McDONRLD&EOSGIENGE WITNESSED BY SGHDS ' 3 I (p PROPERTY LINE �• e�"' L��'AG r-. r x s 1 it lr 1 Nla°46`10 e N18°40'1 gip` 1 WELL IN , � S 4.00 4. r s z , Q �� HOWARD W. YOUNG, N.Y.S. L.S. NO. 458a3n �_ EL=32.6' 0.01 EL=311.1' 0.01 1 0 0 Z J f '._: coif 1 ' � -S � 24 s I �, THOMAS G. WOLPERT, N.Y.S. P.E. NO. 61483 �•� ��`"�� ` TOPSOIL t 1 -r, W 0 1 DOUGLA5 E. ADAMS, N.Y.5. P.E. NO. SOSQ7 -- LOAM 1 ?� 4p0, �_ HOUSE HOUSE ya=m BROWN 2.0 +I ��46'10"E N16°40'10°E 1 O r II 0 zwo SILTY MEDIUM s.s rn 1 1 �rn o . z 5URVEYOR 5 CERTIFICATION w � FINE SAND 5AND 3 �� (5M) saME , O co" 1 "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT &RAVEL 1 ' BCCI p 1 I �2- z Kc w COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF =N6 o SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 1 ?W < 5' OF THE N.Y.S. TOWN LAW ARTICLE XVIII OF THE GODS OF THE Foo &w EL-2.6' N cpp,GE 1 9 MIN. Z p I 1 LEACHING POOL TOWN OF SOUTHOLD." JA0.1 10 i 11 1 1 G� O#�p SOLD 1 iI " WATER IN 1 1 °p�N Spp` TOWN \/pT10N Q I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL n OU B T� 1 i 1 S� � p.N°2LD GO'RSSWsTT 1 1 ROAD SURVEYS COMPLETED MAY 8,2009 AND THAT ALL i g coARSE 1 1 1 OF SOU s e I 20' MONUMENTS SHOWN THUS: ® ACTUALLY EXIST _, D•,-�f( 1(zr"'3 , SAND 1 -11 TOG0r15L�VA N , POSITIONS ARE CORRECTLY SHOWN ANDA 11�IrN510ltAL, y `, �� � N AND GEODETIC, DETAILS ARE CORRECT." r t: i`■rF, 'Ot��S` p F g 1 1 1 � 1 91� rpt t ..� '.t,.:•-'�.� `,.+�' �a � o' o IZ o • THERE ARE NO PRIVATE WATER SUPPLY WELLS OR , SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL UNLESS OTHERWISE SHOWN. �t� r�. 1 , °"` SII' 0 W � - Z y 1 HOWARD W. YOUNG, N.Y. L.S. NO. 58Q3 - °s 1 = w TABLE OF AREAS 1 1 111 < 1 1 , 1 20' LOT TOTAL LOT BLUFF 3 BEACH EARTH DRIVE OPEN SPACE DRIVEWAY BUILDABLE 1 `S 1 -oe NUMBER AREA AREA', OVER ELY.LINE AREA ACCE55 AREA AREA , 1 1 OF( 1 1 OWNERz I 5.?212 ACRES 0.3853 ACRE 0.0030 ACRE 3.1820 ACRES 0.6451 ACRE 1.5058 ACRES 1 1 1 1 I PLANNING BOARD CERTIFICATION ARIES, LLC, c/o SHAWN TULLY " aW tom 555 WEST 23RD. STREET APT. 55K 2 5.1206 ACRES 0.4015 ACRE 3.1466 ACRES 0.4446 ACRE 1.12111 ACRES 1 11 1 1 116'10"E 40'IOE 1 1 NEW YORK, NEW YORK 10011 1 A p0, N78° 4.00, 41. '41TOTALS 11.4418 ACRES 0.7868 ACRE 0.0030 ACRE 6.3286 ACRES 1.08111 ACRE 32331 ACRES 1 ..1 `s I THI5 15 TO CERTIFY THAT THI5 5UDPIV1510N PLAN HAS BEEN E 1 ' 9 24' 's_Io� i APPROVED BY THE PLANNING BOARD OF SOUTHOLD. $ , so' RIGHT OP WAY al`s `° 1 5UBD I V 1510N MAP - I !� W . I WITH 16' STONE BLEND �{ �� 4.0� ?�. 1 DATE OF APPROVAL __-��- BY_____________________ � J � TULL I 'vm� I 4.004610' 40'10" O r DRIVEWAY z- Nva° NiS° 1 �rn 1 CHAIRPERSON NNW N rn z (TOWN OF SOUTHOLD PLANNING BOARD) At East Marion, Town of Southold N ado -� slW Suffolk County, New York oW= �q• T s E IL 91 rnl 6A� A County Tax Map District IOOO Section 22 Block 3 Lot 2 U__ o L=54.75,O POSE 1f /i o a z SUFFOLK COUNTY DEPARTMENT OF HEALTH �Fa 1 e _—102 7s O / 1 20 25 581°48 30"W L=48.Iq'� ,� wP� 1 F I NAL FLAT �x N'►q' 45.11' 30 SERVICES HAUPPAUGE, N.Y. 100 0 50 100 200 N = 165.46' DATE o d 04, 1 Iso.ob' 0 210.60 q 5Z3 y 1 1 1 184. „� N84 5400"W 5 fOr ....,�.» W � 6 mer JUL. 02, 2015 1 rrm q°46'50 I iW 581°48'30"lN 1 nOW Or Campbell I I THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT FOR 0 MAY 211, 2015 6� n , SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL of 2 LOTS WAS APPROVED LLL��� MAY OI, 2015 0> 1. L°t 21 formerly I Martha {'`n 5erel�iett5 1 ON THE ABOVE DATE.WATER SUPPLIES AND 5EWAGE DISPOSAL FACILITIES MUST 1 APR. 20, 2015 CONFORM TO CONSTRUCTION 5TANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION - a °f " ' noW °r tra ee phanje JUL p G 2015 OCT.OGTOI, 2013 <� w M p g a gte AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS.THI5 1 1 rest W°°d amll�e 5�n tra APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR DEVELOPMENT MAP FEB. OI, 2013 No,wQ cjtn 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE.CONSENT I5 NOV. Oct, 2012 0- �I undo I ° s 1 5o SeGtton , R,0y, 1 HEREBY GIVEN FOR THE FILING OF THI5 MAP ON WHICH THIS ENDORSEMENT APPEARS IN Southold Town OCT. 15, 2012 obg 15V THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROV1510N5 OF THE PUBLIC AUG. 04, 2012 <o File N° ' L°t 10 on I Planning board AUG. 04, 05 r 1 SUbd�V15 dSn HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. g SEP. 2Q, 2010 miaow m 1 O° MAP PREPARED .JUN. 25, 2001 z a I 1 11 0lrlt N°• 1003 — VITD A.MINEI,P E. ,`i DIRECTOR,DIVISION Of ENVIRONMENTAL QUALITY ' Suff Go File SCALE: I"=100' = JOB NO. 2006-0 MONUMENT SET ®= MONUMENT FOUND A= STAKE SET A= STAKE G FOUND ' fI DW . 2006_0035_final_piat_r2 OF I N / O�� NOTES 400 Ostrander Avenve, Riverhead, New York 11901 L• I tel. 631.'727.2303 fax. 631.727.0144 /'SL adminoyoungengineering.com rrFL1 SL ND • THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE 4.p^,G w Lo �7 Al M^ON rzRKox�M sO }� AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. 01 plm� 41yD pU /�Q'2 2006 v A DECLARATION OF COVENANTS AND RESTRICTIONS HAS Howard W. Young, Land Surveyor VIEW S ND s / 4$�� 58Q•18� 1+ BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Thomas G. Wolpert, Professlonal Engineer p,QU,` �� Douglas E. Adams, Professional Engineer Q•IR' SSS'44'3I"E LIBER DR' COASTAL 1 EROSION ` 86.81' , Robert G. To5t, Architect =' HAZARD LINE \ 1 • THE LOT LINES OF 5UBDIV1510N MAPS A5 FILED, CANNOT BE ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND TOE OF \ sLUFF 1 W ' _ -- _ -_ E LOTS MUST BE 5OLD AS SHOWN ON THE SUBDIVISION MAP. 0 TO N �'� . ., �\ \ SITE DATA • VEGETATION WITHIN THE 100' NON-DI5TURBANCE/NON- TOTAL AREA = 11.4418 ACRES HOOD \ \ a� •� FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL ";- R DMPP \ \ + STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER loo'NON-DISTURBANCE/ • TOTAL NUMBER L075 d BUFFER APPROX.LOG. TOP OF 1 ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TRPS THAT = 2 NON-FERTILIZATION OF 4'WIDE PATH BLUFF ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE • ZONING USE DISTRICT = R-80 y ABOVE, THE NON-DISTURBANCE/NON-FERTILIZATION VEGETATION • VERTICAL DATUM � � 1 S = N.G.V. DATUM (M.S.L. 1929) 715 :�. Ssr•� BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE ��G,r 585.00_4PE + __ _ _ Naa•o3315"E VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE o , - - �- - - - - OPEN SPACE DATA c� x7.40' SOUTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN 5HWREMAINS (�' TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES • TOTAL AREA = 11.4418 ACRES 1 5TY.DR. 5''' /.: HOUSE 1� 1 T 1 OPLL 1 1 15 PROHIBITED, THE CLEARING OF ANY KIND IS PROHIBITED, . TOTAL BLUFF E BEACH AREA = 0.'7868 ACRE APPi; LOCATION OX. 1 W , EXCEPT TO MAINTF,IN "WOOD RAMP" ACCESS OVER LOT .2 t LOCATION OF . EARTH DRIVE OVER ELY. LINEW = 0.1076 ACRE ExlsnNc -A 1 1 ; FOUR (4) FT. WIDE PATH OVER LOT I. 1 SANITARY 1 � �p 1 • TOTAL BUILDABLE L4ND5 = 10.5474 ACRES 1 1 SYSTEM Z _ S1 1: v5.02' 1 Ip • TOTAL OPEN SPACE = 6.3286 ACRES 11 • �w W co • PERCENT OF OPEN SPACE TO BUILDABLE AREA ' ► W '� �s� N 11 1 o� h 1 2�, 1 = 6.3286 ACRES / 10.5474 ACRES = 60.0 % 11 KEY MAP ' WELL ham' 1'1 1 1 TI 20' 1 1 1 1 SCALE: I"=600' 1 �1 1 O ` 12' unurY POLE ro 11 CLUSTER DIMENSIONAL REG2U I REMENT5 O 1 1 S REMAIN.END UNDERGROUND 1 1 + IN oD *'o �, ELECTRIC. I ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE FPR° " 24' DISTRICT, EXCEPT FOR THE FOLLOWING: 1� �1 19 •4610"E� V 1+ 16' I MIN. LOT WIDTH = 150 FEET w 5la• 162 4'0'h' 1 I MIN. SIDE YARD = 15 FEET IC 1 �o — 115' �� +� ' 1 1 1 MIN. BOTH SIDE YARDS = 40 FEET I �O `'�= Q1, 00 1 +1 1 p w 20 1 � + d ' ENGINEER'S CERTIFICATION + 1 20-p01 le.00 1500 ,`� 11 , + 1 HEREBY CERTIFY THAT THE WATER SUPPLY(S) AND/OR F SEWAGE DISPOSAL 5Y5TEM(S) FOR THIS PROJECT WERE �r� 1 X19 VEHICLE TURN–OUT DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A D i' CAREFUL AND THOROUGH STUDY OF THE SOIL, 517E AND 11 1 Im ,1 SCALE: I"=50' GROUNDWATER CONDITIONS, ALL LOTS, AS I-ROP05El? I 1 g + CONFORM TO THE SUFFOLK COUNTY DEPARTM)�NT�OF HE TEST HOLES 1 Iz 1 11 + APR 2 7 2015 SERVICES CONSTRUCTION STANDARDS IN EFPEGT-;AS-dT`='rHIS F"W; 1 � 1 TYPICAL PLOT PLAN DATE. �'' �• � . + I-`�;�s �� 1 WIC '1 9 Southold Town TH#I 7H#2 ` 11 ; d o + Planning Qoud PROPERTY LINE ''J"•'" ✓ ,•j �,: MAY 13,2008 JUN.215,2005 McDON,�LD GEOSGIENGE WITNESSED DY 5GHD5 1 3 I 1 � 9 (0 `11 1 S 1 µ78'4h 10,.E N7b•�00' 1 < ` uj WELL'N WELL f�,:_, E, t. 4pON`� 1 z_ HOWAP�D W. YOUNG, N.Y.S. L.S. NO. 45893n ! 0 EL=32.6' 0.0' EL=3x.1' 0.0' ,1 t 9 4' 1' S , J ` y 2 1 �, THOMAS G. WGLPERT, N.Y.S. P.E. NO. 61483 •., ,.`,, N��' TOPSOIL + +. `S w X10 1' DOUGLAS E. ADAMS, N.Y.S. P.E. NO. 808Q7 LOAM 1 )1 1 `�_ HOUSE HOUSE <'� l z 2.0' 11 "1 1 C < NOp I�Fh't0"� b•�V0 10 Z 511-TYN MEDIUM 1 ' s 1 �` 1 `I °�1 ' u, SURVEYORS CERTIFICATION CW F "z SAND FINE 1 S -1 -o4 (SM) SAND t 1 1 1 2 1 1 ,1 1 O r 1 1 1 ; b "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT GRAVEL, + A 1 1 •r y r NK° w COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF n 18.0' 1 1 I + a SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 z + I 1 FOSE s D1 OF THE N.Y.S. TOWN LAW 4 ARTICLE XVIII OF THE CODE OF THE CFOO GW EL-2.6' 30 O' 1 1 hGH 1 UNDERGROUND 1 WIN, TOWN OF SOUTHOLD." z w 1 OpgP 01 1,1 ELECTRIC LEACFHNG POOL ATE rIN 11 1 1 Op�N gPA02 70+lµOF�h° 1 1 + "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL o W GFINE o TO 1 1 , 1 h u�� Goti �,��rr 1 -; 1 ROAD SURVEYS COMPLETED MAYS, AND 7NAT ALL n SAND ` 1 TOWN OF �hTlON 1 , 20 MONUMENTS SHOWN THUS: © ACTUALLY EXIST D THEIR:. - � o + 1 Goµ POSITIONS ARE CORRECTLY SHOWN ANDA r�IMENSIONAL,•-.:.•. ozG" l5W) t Eh 1 AND GEODETIC DETAILS ARE CORRECT." I 1 t "< NOTE: / FIVE (5) EXISTING UTILITY ' <,✓ ! < �` 0 ' • THERE ARE NO PRIVATE WATER SUPPLY WELL5 OR - g 1 rn 7p Iz ` 0 1 POLES TO BE REMOVED. 1 3 * rtl 1 SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL r 1 1 cn RF1� 1 1 1 UNLESS OTHERWISE SHOWN. F' t _ ol° - HOWARD W. YOUN Y.S. L. NO. 45893ml TABLE OF AREAS 1 + ` � .1 1 LOT TOTAL LOT SLUFF t OF-ACH EARTH DRIVE OPEN SPACE DRIVEWAY BUILDABLE , , OWNER NUMBER AREA AREA OVER ELY.LINE AREA EASEMENT AREA AREA PROPOSED z> r << UNDERGROUND + < 1 r o 1 1 ELECTRIC 1 PLANNING BOARD CERTIFICATION ARIES, LLC c/o 5H,4WN TULLY I 5.7212 ACRES 0.3653 ACRE 0.0030 ACRE 3.1620 ACRES 0.6451 ACRE 1.5056 ACRES } 1 - 535 WEST 23RD. 57REET APT. 55K 2 5.7206 ACRES 0.4015 ACRE 3.1466 ACRES 0.4446 ACRE 12Ta ACRES 1 `I 1 � 1 46,10^E 40,10"B 1 , NEW YORK, NEW YORK 10011 1 1 tllbD, µib• .FOO .1 s TOTALS 11.44115 ACRES 0.715615 ACRE 0.0030 ACRE 6.5286 ACRES I.o15a7 ACRE 3.2337 ACRES , 1 � � ; 1 THI5 15 TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF SOUTHOLD. 50' RIGHT OF WAY 0101°, `I ' SUBDIYISIO�1 MAS ' 1 WITH 16' STONE BLEND _ .�00'1 11 0 DATE OF APPROVAL ___—___ BY—_________—_______ ?` " \\ , 4.00' e µn15 �1 �� ' SHANN TULLY w"o4 " \ DRIVEWAY Z— N�b•4610 UTILITY POLE TO 1 CHAIRPERSON CILEARING O 1� 1 REMAIN.BEGIN (TOWN OF SOUTHOLD PLANNING BOARD) �co� �oWo cm •1� u"DRouND At East Marion, Town of Southold r�uw LOT I GLEARNO AREA = 40,000 S.F. BIW � ''• � ELEcrRlc. A Suffolk County, New Yorkw LOT 2 GLEARIN& AREA = 40,000 S.F. ' R=545O'Q°5 75' =�=o _ - " 1 1 R=34.00' 1 SUFFOLK COUNTY DEPARTMENT OP HEALTH County Tax Map District IOOO Section 22 Block 3 Lot 2 ��o= " SERVICES HAUPPAUGE, N.Y. 1 587.48'30"yl L=4b.la'� FINAL NAL PL,4T •46 g0'E � _102.75', x�gIbg41, _ 1 W1*48'30"E 11 1 " 145.21' J n0 � • DATE ------------ 100 O 50 100 200 _ 2'' 1 l o 0 �1 Na4 4'00"yy 210.60' r forrr,er�y 1 1 11 THIS IS TO CERTIFY THAT THE PROPOSED REALTY BDIVISION OR DEVELOPMENT FOR o<�� 1 g-Iq'�3 1 581 48 30 W4 now �,nn Garnpbmeti5 1 SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS WAS APPROVED oma.,_ APR. 20, 2015 6 Lot 2� rrrierly 1 MQrth° V sere- 1 ON THE ABOVE DATE.WATER SUPPLIES AND SEWAGE DISPOSAL FACILITIES MUST OGT. 01, 2013 wr 12 f O ie CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CON5TRUGTION zo ° O{ °,N Or o hQn , FEB. 01, 2013 "Fw 1 1 M p t VdpOd511 n i11e Sin°tr ' Step AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS.THI5 NOV. 09, 2012 oaw� $ 1 n Gres 1 Gorr, Qtr G, APPROVAL SHALL BE VALID ONLY IF THE REALTY 5UBDIVI510N OR DEVELOPMENT MAP 15 DULY FILED WITH THE COUNTY CLERK WITHIN ONE YEAR OF THI5 DATE.CONSENT 15 OCT. l5, 2012 HEREBY GIVEN FOR THE FILING OFTHIS MAP ON WHICH THIS ENDORSEMENT APPEARS IN z 1 SeotjO�3�zj1Ghar ` THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC AUG. 04, 2012 ;off R 0 1 ' ° LOt 1O 1 HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. AUG. O4, 2011 �gow } j1e N 1 SEP. 29, 2010 o +1 5vbdivi p° YA0065" 1 MAP PREPARED JUN. 25, 2010 + 1 h int 10 tAo. 0515DIF'.ECTOR,DIVISION OF ENVIRONMENTAL QUALITY 1 Co. F11e guff SCALE: I"=too' I O = MONUMENT SET E= MONUMENT FOUND Q= STAKE SET A= STAKE FOUND JOB N0. 2006-0033 OF 1 DWG. 2006_0033_fina I_p lat_r2 N LO NOTES 400 Ostrander Avenue, Riverhead, Naw York 11901 Ns• U.I. 691.7272303 Pax. 631.'7210144 �+ f�I adminayounganglneering.Com W �I6H 1 N-oN6J��IY� ES N07 CONSTITUTE THE AGGEPTENGE OTHE F HIGHWAYS SHOWNOF THIS MAP O THEREON AS PUBLIC ROADS. �O^,G tE_li = S-/S. LOCATFty oNMARk OXIMATp SOUND N mq � yolmq �° nz B,300 r Y A DECLARATION OF COVENANTS AND RE5TRICTION5 HAS Hohord W. Young, Land 5urveyor Sap°18 1 BEEN FILED IN THE SUFFOLK COUNTY GLERK5 OFFICE IN Thomas G. Wolpert, Professlonal Englneer ,gQUAVIEW s /� ?�"e I LIBER___GP____ Douglas E Adams, PrOPa551ona1 Engineer DR. COASTAL .14 568°4431"E HARDLINE 86.81' 1 ® a . THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE Robert G Tast, Arahltaot �j Ton of e ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND 1 BWF" 1 W E' LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. N 1 P SITE DATA Qom. / vnDD 6"^ ' VEGETATION WITHIN THE 100' NON-DISTURBANCE/NON- TOTAL AREA = 11.4418 ACRES N O O \ 1 FERTILIZATION BUFFER AREA SHALL REMAIN IN 1T5 NATURAL WNO 1 STATE IN PERPETUITY. PERMITTED AGTIVITIE5 WITHIN THE BUFFER w''"F • TOTAL NUMBER LOTS loo'Norv-DISTURBANce/ TOF of ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT = 2 d NON-FERTuznnory F HAVE Loc BLUFF ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE ZONING USE DISTRICT OF a WIDE PATH = R-BO 131 % BUFFER 1 S ABOVE, THE NONAY BE SUPPLEMENTED .TILIZATION VEGETATION VERTICAL DATUM N.S.V. DATUM (M.S.L. 1929) 1 BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE N seB`aa41.E _ _ _ OPEN SPACE DATA ry' / NBg_g3'3B;e,_ _ _ _ SOUTHO TI T SUBJECT TO REVIEW AND APPROVAL OF THE f31'VD T' - - -'-T1-�' 50UTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN 50UTH,ERµ '� O\ or sl® 1 1 5TY.BR INS G7 0" aE IV- 134 �. 1 TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES • TOTAL AREA = 11.4418 ACRES HOUSE I a1 10' IN 1 15 PROHIBITED, THE CLEARING OF ANY KIND 15 PROHIBITED, • TOTAL BLUFF 6 BEACH AREA = 0.7868 ACRE � U'_m • EARTH DRIVE OVER ELY. LINEA LO %aF 1° �' T § I EXCEPT TO MAINTAIN "WOOD RAMP" ACCESS OVER LOT 2 4 = 0.1076 ACRE 9 �0 ° . TOTAL BUILDABLE LANDS = 10.54'14 AGRC-5 EXISTING o 1 �1>• 1 FOUR (4) FT WIDE PATH OVER LOT 1. I 1 SANITARY y1.S 1 iV' O A 111 I SYSTEM Z 1 cq BRA 'llz CLI;n TOTAL OPEN SPACE = 65503 ACRES 1 @ 1 o�hReA oR i m PERCENT OF OPEN SPACE TO BUILDABLE AREA 111 1 @ 1 OTR Iff N15. 46'Io"� ''''��_! 2E' 1 = 6.5305 ACRES / 10.54-T4 ACRES = 61.9 % 1 E JI L.�T;6256 +y1= 1 I '1 1 2E'h w5•Aep� ' 1 1 DWELL r3 102 m s _ 30, 9 KEY MAP I. o1w s 12' SCALE: I"=600' nO \ \y 1 urlurYPOLETO I � CLUSTER DIMENSIONAL REQUIREMENTS 11 1 W 11 20.6"1' tlN m1 REMAIN.Bao 1 �I Imr Ori 'mELLEEC>RIC, ALL LOTS SHALL CONFORM TO THE R-BO ZONING USE 1111 II mlp Iva bb' V 2 1 10i AVO.A. 1 9a 1 Ib' ,� D15TRICT, EXCEPT FOR THE FOLLOWING: 11m 1 SIB i �56.A O^ 1 I I as14e 1 I MIN LOT WIDTH 150 FEET SF MIN. SIDE YARD i = 0 FEET I' I I NI9a� - a3F�J 00,1 1 1 S MIN. BOTH SIDE YARDS = 40 FEET IZ 1 14160' 1 P> y�,eL. 20 1 0 1 so OO, w I ENGINEER'S CERTIFICATION 1 I 1 1 1 X11 1 I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR 1VEHICLE TURN-OUT SEWAGE DISPOSAL 5Y5TEM(5) FOR THIS PROJECT WERE 1 gi ll 1 DARIENEDFJL BY EORROUND UNDER, Y DIRECTION. Or THE sol EASED UPON A 1 NI3 olm I SCALE: "=50' GROUI`IDWATER CONDITIONS, ALL LOTS, AS PROP $I 1 1 9 p I SERVO ES CONSTRUCTION STANDARDS N ERM TO THE SUFFOII COUNTY T UAaS O� 7' TH�S� TEST HOLES 1 a 0 1 DATE. IAS fl TYPICAL PLOT PLAN I d TH#I TH#2 1 MAY 13,2008 _UN.3B,2006 I I 1 O ✓I /q 4 F A_. m �� MODONALD 6E95LIENGE WITNESSED BY 5GHD5 1 J G 1 FFOFBYiI,LINE /Y'✓��:° ✓ ✓ v J:.y.- + ✓ {'1 1 LTO 1 Map 90.E MB'4D'10' �¢11 WELL WELL 1 5 1 400, HOWARD W. YOUNG, N.Y5 L.S NO. 45893n iP R14�3�" EL•52.8 cc, EL=59 v 0O• I I 3 is sa' s-lp 11 `� 1 THOMAS G. WOLPERT, N.Y S. P E. NO. 61483 Ft 5 w2' TOPSOIL O5 1 11 11 O ni p ',I �< 1 g DOUG LASE ADAMS, N.Y5 P.E. NO. 80897 \"+� 1 °ly O' 1 A 1 HOUSE 's. HOUSE- 0 Li 3 BRoYPI LOAM 2.0 11 1 @ �< IAN,Oj6:,ly,lo"E 1y,16. o"E 11 11 m 1 � SURVEYOR'S CERTIFICATION SILTY MEDIUM I LC -Am 1 SAND FINE 1 ?= I I 1 `$ SAWe I 1 O Z "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THI5 FLAT NEW6SOME L 1 1 1 m 11 I 1 1 /yp �'i 7�IIir g COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF ISO, I s 1` t, SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 �l FRaPoseD OF THE NY.S TOWN LAW 6 ARTICLE XVIII OF THE CODE OF THE �� - 1 ACE 1 §'1 uN0ER6RaGND Ix _ TOWN OF SOUTHOLD." nI 6W EL4.6' 300' 1 1 1 OPEN EP I I O_. ecH 1 I£ iN"pool 0,tko "I HEREBY CERTIFY THAT THIS MAP NA5 g BROTE IN 11 1 1 911 OPENAµo.2 T� r3�0" II$.I 11 ROAD SURVEYS COMPLETED AY 8,2009 AND kAT AL DE B _AGTlly4L Lip COARSE I 11 N I 7 P` TIOND I 1' So' MONUMENTS SHOWN THUS. 0 ACTUALLY EXIST \ 1 G, SER 1 I POSITIONS ARE CORRECTLY SHOWN AND A qVA SAND a,1 COE�EI,ISNT �1 1 1 AND 6EODETIG DETAILS ,ARE CORRECT" �Q' 7Y1 (SW) 1 1 1 m 1 N NOTE: C, J .yy., -1" I FIVE (5) EX15TN6 UTILITY 1 ylE rik r"4 660' 1 1 1 Y,1 a • THERE ARE NO PRIVATE WATER SUPPLY WELLS OR W z >� 01 POLES TO BE REMOVED. m/L(/LI 0,A{ ,1- FI - I SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL I 1 mm '�`liu 1 1 1 UNLESS OTHERWISE SHOWN I �. o� 1� ' ; 1 HOWARD W. YOUNG, NY.5 L.S. NO 45883GO 1p 0LAr1D°� , 11 1 1 N 1 ➢� TABLE OF AREAS 1 m � 1 1 11 r 20' LOT TOTAL LOT BLLFF b BEACH EARTH DRIVE OPEN SPACE N. DRIVEWAY BUILDABLE 1 1 I ?Y 1 11 PROPOSED OWNER NUMBER AREA AREA OVER ELY.LIFE AREA EASEMENT AREA AREA 1 1 zO A II '1 UND�`rn UIb II 1 x1212ACRES o36A ACRE OVER ACR. 53825 ACR__ O6s92 ACRE I39o5 ACRES 1 1 _ PLANNING BOARD CERTIFICATION ARIES, LLC c/o SHAWN TULLY 1 535 WE57 23RD. 5TREE7 APT. 55K 3 51206 ACRES 04015 ACRE 33415 ACRES o.AEbT ACRE 16129 ACRES 1 1 1 1 AD •10°E 6.pO"Ol NI 1' NEW YORK, NEW YORK 10011 TOTALS 114410 ACRES 0.1668 ACRE 0.0035 ACRE 65303 ACRES 11119 PORE 9.0034 ACRES 1 1 I I pp0 1 1`\ THIS 15 To CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN I 1 S 2A' =�' 1 I APPROVED BY THE PLANNING BOARD OF 50UTHOLP s 1 50' RIGIHT OF WAY , $ 1 1 1 A i 1 SU j�BDIVISION IMAP 1 WITH I6' ST(ONE BLEND �.� '� app' 1 � DATE OF APPROVAL ____ BY__________________ Sl-LAWN TULLY 1 DRIVEWAY i? aoo' ao'IOE CHAIRPERSON ry'IB' N18' I 111 UTILITY POLE IN 1 o Na1N'1 RE�A�Na�BE6 OwN oP sourHOLD PLA1 NNG BOARD) At East Marlon, Town of Southold CLEARING o m J `\�I '1 PIN �I� LTRIG A LOT I GLEARIN6 AREA = 1.3905 AG. x 43,560 x 0.35 = 21,198 S.F. 1 R=2950'FDST.RML �I rt Suffolk County, New York _ 1 ` - 1� %.54001 `'. i 6 LOT 2 GLEARIN6 AREA = 1.6129 AG x 43,560 x 0.35 = 24,590 S.P. \ T-l-.- o \ Count Tax Ma aie,[ e 1000 s.°emR 22 oi.& 3 L°I 2 - L - E W L 9 SUFFOLK COUNTY DEPARTMENT Y. HEALTH y p 54.75 TeNCs O _Q I 20.25' N .e�: as21 .;f�O" o�/� � a SERVICES HAUPPAUGE, N.Y. FINAL PLAT � I E S 102..f5�� / µI9°4 p 1 Nb-1 2.'30'E N .528 '1 1� 6lso.o6 mN 210. ;oag' 1 1 / 4630°W 11 N 4°54'00"WI L 587°4'8'30°V4 S6G r forme GA pl ell �' 111 SHAWN TULLEY N THS TOWN OF�Oo OlA WITH A TOTAL of 2�0Ts wAso APpRav v 200 100 0 50 100 o 1 5791° I I now or m b \I 1 s UT 1 ILOt 21 eTl 1 Qrtha pmn Seretmetle ON THE A90VE DATE WATER SUPPLIE5 AND SEWAGE DISPOSAL FACILITIES MUST Il i 'I -- - il. OCT. 01, 2015 CONFORM TO LONS4LKTION STANDARDS IN ETFEOT AT THE TIME OF CONSTRUCTION 1'i I�'i FEB. 01, 2013 Of Or form yk M hQnje V. AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANOARD5.THI5 1'' : NOV. 09, 2012 I MQp co 1 Camille 515atao 1 StepOCT ^013 Q AR=ROVAL SHALL BE VALID ONLY IF T@ REALTY SUBDIVISION OR DEVELOPMENT MAP �C 1 N" OCT. 15, 2012 & 1 I d1C rebt 1 5 DULY FILED Wlhl THE COUNTY 0L WITHIN ONE YEAR OF THI5 DATE CONSENT 15 'SQun gectlon 1 1 lz:IonOrd I HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH TH15 ENDORSEMENT APPEARS IN AUG. 04, 2012 9 1 5315 1 \O 1 THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVISIONS OF THE 1I - AUG. 04, 2011 1 F111e µQ' Lot HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. - - - 1 SEP. 29, 2010 I SUbd]V1510 Ods„ 1 - MAP PREPARED L JUN. 25, 2010 111 11 111 „NlghpQlnt No 10035 VITO A MINEI,PE. File OIREGTOR,DIVISION OF ENVIRONMENTAL WALITY Stiff. OO' SCALE. 1"=100' I 0= MONUMENT SET ■= MONUMENT FOUND 0= STAKE SET A= STAKE FOUND JOB NO.06_022" 033 OF DWG. 2006_0093_1 lna I_p lat_r2 111""A">"mae1 a1E.11"x OR Aoumo"TO LEE E—IEAADI msec°o"„o.o,OLE II DOE..Ass..m"1..(1).1-1. ES,nl IS111 N1 LAND NOT /� iN SHNLoE:"RNI DFSEEING ID Ess." E:an'`:�a Eos ALL)�09�rRESEEN ARE FEW•`�`°u'a��AS AND oR DAm"om��'MIN N111- LEI 1�11- LpNG 400 Ostrander Avenue, Riverhead, New York 11,401 TI AST Lei. 651.aTd2m'i e2n®3y0o9unfgaexn.g651 eTr2inTg0.c14o4 LAID, HTLEDI N s73. L S �OI 'NDo FK A� m lv 4 q �45�p 1 58p°15�2"F I Harvard W. Young, Land Surveyor w e COASTAL / ./4' 585°44'51"E Thoma-, O. Wolpert, Profe5elonol Engineer xAERDV K 56.51' I ° Dauglas m E. Adams, Profassional Engineer OE OF BWFF 1 `l\/ O E Robert C. Tast, Architect s 1 JONG ]G taND IN ry - - I _ � _ 1 so(,� °° No1.'�15;.meIONEi �, x ID ��� — TOP OF SITE DATA AOUAVIEW "I �NaN_� ION , �a Ii-D .-E? TDi26 _FFER BLUFF I S DR. _ - - - - - �� 1 _ TOTAL AREA = 11.4418 ACRES J ' I TOTAL NUMBER L075 = 2 OO REMAINS l /i'/ r41-E-� `�9'oese'e�a . ZONING USE DISTRICT \ —. a15' 1243T m Y HOUSE 1 1 = R-80 d O I APPRO% (/, Ot1325B+ Tl.lyl O INQ A RD LOCATION OF r /�1 OI �Ia �° I COMPACTED (TWO EACH BALE) VERTICAL DATUM 1n = N.G.V. DAVM (M.S.L. 1929) I SANITARY NI S p' EAGKFILL }3?]3 1 srsTeu z +31�iz �\', Im 9 HAY DALES / u1 co 15 a1 _\�. z_ cL .1 1 FLOW GRADE tl\ SARINS, HI fi x+33 86 1 337 q + C)L i 1 wlN OLP LE 50UTNERN6 N I o _ 1 �\ ➢� 1 III 1 III 11 J1 III LII I II I j j I ASCE °m� EEILER61NRLET III IBIALEllul1T4o1IBE F' I1IIII—I, 11 1IIIIIIlIIIIIIIIIIIIiIIIII 111IIIIIIIIIfIIIL: all—I III—I I I I-111-111=11 J RENA UND OUND urWTYPOLE To N61 o'B E E RIG. I ENGINEER'S GERTIMCATION 1 m. B' I SECTION b y II I I I 105 5°46.Iph 1+ 11 II \ I IB108d11 11 1 \ 14160 \ 1 PIIS 3mP 1 NI�! +37 Bol I 2"x2" STAKES G W2l I I \ 1 1p Oo, \ WELL I II HAY BALES (TWO EACH BALE) OR (TWO 111 I I + +99) 16 +3726 1 1 3e.zeIN 1 0 0 0 0 0 0 0 ! 'ii svi `v�".'✓ e�. Ei,,;�,�-L""�r.b. O- ''_' (:, 1� r^''1 i'"' KEY MAP I / +3]16 �1- / SCALE. I"=600' II \ 1 A 3I]a "y.l E"S HOWARD W. YOUNG, N.Y.S. L5. NO 458g3n 1 1 / OF IL -� I THOMAS G. WOLPERT, N.YS P.E NO. 61465q BALES TO BE Ilm $,,,, 1 b 9 0 II IN 4'” TRENCH SET DOUGLAS E. ADAMS, N.Y.S. P.E. NO BOBg1 FES I� I 37 1 0 I PLAN I15 d - 1 Q C 1 36 50 I} I 1 � 1 HAY BALE BARRIER p 1 X10 +36,1 NTS I 6'16°x.14 3636 ,IO"E I� C 9 m I a+uw I II 9 O µ HUE L,ARCO M0 /o��� zd` 'S 1 SURVEYOR �GCERTIPIGATION I I 1 lir 14' / O 1 t' w +3].24 I� I TEST HOLE DATA I I v ofin /+\ ' 35 1 m y I _ /35 61\ ."RO"E 1 ,s m IN +36,86 I NEED x TH#I TH#2 I II 11 om V'� + ]26 II 96+ Il Il I 50' "'�) fi P McoONALeoRowN JN.2B,20062a' I 1 I1 1 1 I II I1 1I1I 3�i { MIN. MAY 19,2000 PROPOSED � �LVG 6Eo5cIENGe wIrNE5se0 BY SCHDs AOuNDER`RwTONE PAVEMENT-\ 4582ELLE5PAVEMENT +3 EXISG EXISTING O?N0' GROUND LAO EL= d 0.0' HOWARD W. YOUNG, N.Y.S. L.S. NO. 45895 Ta ^ loN TOPSOIL /qA/1 o LOM yo' MOUNTABLE BR I3aea `G BASEMENT, � I FILTER, CLOTH @ � (OPTIONAL) H SANINC UI G III II 1 I m I �� r �1� �� I PROFILE (5m) 5so1°sa 1 1 �d 31 Cas - \ olo POLIFIVE ES TOB ETREMOVED. P GRAVEL 1 I 3p - \ _ - II „ — \ ml I OWNER a 1° 1 / 1 mSy,4ynm 100' I 1 Z� lO1p /� 3 +3320/ #135\� Il§ 70 500• / W I T ARIES, LLC c/o SHAWN FT. 5 SNEL•2.6' I 1 ��. \ //i' +35.x3 / '� MIN. 1 I 1 N '( / +30 m +31 6 j 1 W(OPTIONAL)K z 535 WEST 23RD. STREET APT. 55K wBRowr✓" II (°PHONAL) NEW YORK, NEW YORK 10011 FINC TO 1 1 +34 fi5 / COARSE 1.50 rn SANG .39 1 PROPOSED I / Q Be r5w ` MOTE 1 -', / NI �-� 1 ura�E ou11D 1 S L+ � nnln). EXIST 56° 1 I THE LOCATION OF THE 161 WIDE / m 0 +2s z� I �Raurob `0 ° °D' E SUBDIVISION MAP I I IORIVE MAY BE ADJUSTED WITHIN N I „B / m\ - w AG6RE,'ATE PAVEMENT THE 50' WIDE RIGHT OF WAY TO �, 1 SIDE DID 1 Irl6 u'°p D° ( N 11\ T SH,4WN TULLY 1 .AVOID SIGNIFICANT TREES. J' 4¢pO� � +3z s1 / N �' � 1 ry +2*A At East Marion, Town of Southold r { 1 1 50' RI5HT OF WAY 4 a Am I PLAN 1° z 1 WITH 16' STONE BLEND �{ �' ��� / / 4 o Suffolk County, New York \ I DRIVEWAY is N�5'g6i°// // Ne / NI �m UTILnY POLE TO 1 Of I Iz _ / ylm IN OER6RouND 1 DRAINTRAPPINSTO S SEDIMENT DEVICE DRAINAGE DESIGN CRITERIA b CALCULATIONS \ 0 Q /' / 14 °° e Ec RIC. oz3a3 /1 SEE NO-FE B FINAL ROAD � DRAINA5E PLAN HAY BALE �! LINE OF R=29so'FG T•R IL alb \\ 6,3s 1\+2zfiz AS DISTURBED L=54,79 �"Ge 1 \ 04 County Tax Mop OI.I 1000 se°H°n 22 EI°cn 5 LEE 2 LI V = ARG BARRIER __ AREA \1 \ N \ R 3µ�,' 22 _ 0 3'{° GONSTRKTION ILII ,q = AREA °F TR E JT,4RY (5.F1 _ I 584•$4''00 \ @ \ 4 L=§B 19 M" U.N. STONE SIZE-USE 2- STONE,OR A REOYOLEO CONCRETE EPUIEAALENT. R = RAINFALL (FT.) 1 •4634'E _ 102.-/5' E /A, .�\20.25' \ .� s a60'9YH /z6,e Wry 1 MAP PREPARED JUN. 25, 2010 _ Y'Yt 2 LENGTH-NOT LE:55 THAN 50 FEET(E%DEPT ON A SINGLE RESIDENCE LOT WHERE A 50 G = COEFFICIENT OF RUNOFF _ _ MI IBa�4�_ = z "t=w 1 ryBl°40'30"E �N ot49 i5 "�� I 1 Foor MII FJR I NI APPLY) + p g6 1 5. THIGKNE55- NOT LE55 THAN 6'. I s 145.21' 1 nD \ — Q M1y. I ,6. 'j: -\31 }�29 q 4 WIDTH- Ib'MINIMUM BUT NOT LESS THAN THE FULL WIDTH AT POINTS WHERE INGRESS OR R®GOrQ' of-Revlslon5 .v fg546 nl,.\ I 1 5. FILTER occuRs. RECORD OF REVISIONS I II- I ' 1 ^ DATE LI I O .{} _, - -_ ', ♦ 34 33 O \^QS,. _," `/K 5. FILTER°LOTH-MILL BE PLACED OVER THE ENTIRE R DIV PRIOR TO PLAOINe OF RUCTION O_ 150,06, I,JZ 1 \ b, SURFACE WATER -ALL SURFACE WATER FLOWING 0R DIVERTED TOWARD CONSTRUCTION 111 SEP. 2q 2010 �4' 1 N 2.10.60' A° lyler1113 FS1`NT,A s SHALL BE SI 5 ACRoss THE ENTRANCE, IF PIPIrvb Is IMPRACTICAL,a AUG. 04, 2011 REQUIRED VOLUME 1 ,, IB4 ,�y N84°54'00'A �' or for II ¢' 1 \ MOUNrPHLE BERM worn sd SLOPES WILL BE PERMIrfED 330 L.F. OF DRI VEWAY o IS,' WIDE = 4,800 S.F 1 5Tq°46'50' 1 'W 55'7°45'30"W I HOW (Jartlpbe T. MAINTENANCE-THE I NTRANCE 5RALL BE MAINTAINED IN A GOND1i1ON WHICH w1u - AUG, 04, 2012 4,600 S.F. x 2/12 X 0.60 = 80 G. I a p,nn amens \ PREVEryr rRACKIN6 OR FLOWING OF SEDIMENT ONTO PUBLIC RI&HT5-OFAI ALL RSEIMC-NT I_ N—�. 0 [-20� STABILIZED I Lot 21 I LCB LO or formerly¢ Mart home / Ser \ 1 SPILLED,DROPPED,IW SHED,OR RAC ED ONTO FUJI RIGH 5 OF-W Y TRUST BE REMOVED __ __ FE$ 01 20 B �A n of RNI=55A0 IMMEDIATELY I—T,H- PROVIDED VOLUME r d5 (10W 51(latra Step B PERIODIC INSPECTION AND MAINTENANCE SHALL Be PROVIVEO EVERY SEVEN('1) USE I POOL 10' DIA X 8' DEEP = 54-7 G.F CONSTRUCTION 11 I '5oundcre5t I/'lo I oamille glnatra I - - ENTRANGE Section I Richard CALENDAR°AY5 MAR. 2 2015 15 lO OCT. OI, 2015 HAY BALE I I Flle N° 5 I L°t./jsloln I 100 0 50 ICO 200 500 SO BER 5 oant ods' (INLET PARRIRRIR I I I 5uff.l9op ptle o 10035 Scale. 1" = 100' STABILIZED CONSTRUCTION ENTRANCE NTS JOB NO. 2006-0053 DWG. 2006_0035_frd I OF 2 1 0 = MONUMENT SET b= MONH O., FOUND A. STAKE SET A= 5TAKE FOUND n.u, w m°� M(,)EPPI EF LE NNIPAtPA HARP DHA"DID I'Ll TO"A PRELD11 PIR WNJQ THE EPMEY I PRELEARED AND 0I WHILP T1 11 11 NEADIANI LIVERIPENDAL MANNII MAD LENA1.1.11I LENTED IEEMMI AND 1M TNA IRSIGNEED EF PIPE JE- PI CAPI ARE NEl TRANADERAILD TD ALLIPRINAL P-TINNE P ANEREELIENTDAREPRE RI -x�:iwl'."`i-.`;I�°.:�::lzn'`o'r'.saa�� �Pi:n°�n,n�x:.E„"ou�`�`°oa.um o°�::"o o.°o.;:°o,`T"�.m m°u ons""°" 400 Ostrander Avenue, Rlverheod, New York 11901 tel 651.72 72505 10x. 6517210144 admin®youngeng Ineering.6om a�ttzg �# r�au�t� Howard W Young, Land Surveyor Thomas 0. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer Rodert C. ToI Architect SITE DATA Mme"n TOTAL AREA = 11.4418 ACRES • TOTAL NUMBER L075 = 2 RIGHT OF Al • ZONING U5E P15MCT = R-BO 25 • VERTICAL DATUM = NGV. DATUM (M.S.L. 1924) ENGINEER'S CERTIFICATION BE61N TRANSITION TOO REVER5E GRWN `II AT CATCH BASIN f, ry 16' HOWARD W. YOUNG, N.Y 5ML5. NO. 45B95nd B1d6`� THOMAS G. WOLPERT, N. P.E. NO. 61483 \\��^�Fts��`Q': \\ DOU61LA5 E. ADAMS, N.Y.5. P E. NO. 80897 wO CAST IRON 12'-6" 12'-b" 11 1 GRATE 2•GOMPAGTEO WEARIN6IE'-O" PAVEMENT �-- COURSE J.STONE BLEND J SURVEYOR'S CERTIFICATION 6"COMPACTED RECYCLED CONCRETE CAST IRON FRAME A I:5 K \1 AGGREGATE 6RATB CAMPBELL L �] 9 FLVNGRT, PAT N0.310'f % �WN`I y\ :', '.� ma,. #^:v 3^caawN DRvm Eauu. #",I' �Ql' rV l �r, � f,. �� � Y� 7 a•r1 SEED ./ . �if T ..Li• SEED 4•TOP-'AIL `-' nva f 1SEED = 4X1o-V.. j FIN.PRATE NIAT LOW POINTS WARP I AVEMETIT TO •' 3"REVERSE wV�/.'L1 �'/H�VL•�'/ Q 9 — CIFECIONINBE51N BASIN. C/y < 458 AT INLET BEbIN WMP 20'E1 �(n. - _�� EIDE OF BASIN `PLANUS SET CATCH BASIN INLET HOWARD W. YOUNG, N.Y.5. L.S. NO. 45095 / \ B"BELOW 6U 7i GADE R 10'DIA LEAOHIN6 CATCH BASINADO _ HO RIFEB BJ'XAA5 MFG.BY SUFFOLK AD // p COMMENT OR APPROVED EOUOR J m Ill w OWNER wy �.. zASIN GATLH NG ARIES, LLC c/o SHAWN TULLY ' d 51 $35 NEST NEN YORK,nNEW RYORKEET AIOOI I 51 TRANSITION TO RRTCHe s AT CAN RIGHT OF WAY / DRIVEWAY 5ECTION NunpyLy°u4 NTS SUSDIVISIDN MAP 5HAWN TULLY At East Marion, Town of Southold Suffolk County, New York A, FINAL ROAD 4 DRAINAGE PL 4N d County Tax Map oltmct 1000 section 22 niock 3 Lot 2 a MAP PREPARED JUN. 25, 2010 RIGHT OF WAY / DIRIVEWAY LAYOUT NTS Record of Revisions RECORD OF REVISIONS _ � -- - DATE til �e l' ��i SEP. 29, 2olo A G. 04 201 1 AUG. 04 2012 IIS 'I NF . O 1 _E_&T2_ i N 1 �FE5. 0 2�013� L.._. MAK II, MID AR 21, 20 5 OGTT 100 O 50 100 200 500 Scale: 1" 100' JO5 NO. 2006-0055 3 1 MONUMENT SET ■= MONUMENT FOUND Q 51 SET A= STAKE TOURED DNS. 2006_00352r6 2 OF 2 L pN Young & Young G ICI 400 Ostrander Avenue, Riverhead, New York 11901 SLAND 631-727-2303 H16H"NE N.ONs c N INT $ or tooA�oryMARKIA5, /AiE SOUND - Thomas C.HowardWolpert W. vProfessional Engineer, Land ° �.B,2006 Douglas E. Adams, Professional Engineer �•4$' $ 580°18��uE Robert C. Tast, Architect ERasION B(D•B�' HAZARD LINE � � 2 6 - 5LU W fi TOTAL ROF E DA I.4418 ACRES srAlzs �,,I,� _ - a +: >" • TOTAL NUMBER LOTS ° 2 CoNG IS4.aN0 N �� 1'� \ • ZONIN6 U5E D15TPICT �U/yo I �'No - �AREFAX LO . 4. TOP or VERTICAL DATUM = N.G.V. DATUM (M.S.L. 19290 AOUAVIEW - 6a�r ER 4-NIP +.Ta-Z& EL'S S DR. o / \ �Al. sTl'. HOUS&2A d TO 'APPROX. E @ ]2 501. 2NM1M1N1 7a § CATION OF 4� N'9 EXISTING •9 0 SANITARY F32Jnu�19 9 SYSTEM x Z AR1H6 O,O 1 It O CO 150 � is, Z}3 J�0,=qR\NS 7 Al+ 33.88 m -1 OST ]4.79 G ad BLVD 13 - - DRAINAGE DF-516N CRITERIA E CALCULATIONS - s 1 N 5'1 �g6,VLroG9 yO0I 3V UTNERN A / O ;- - � WELL m = 1 V = ARC A = AREA OF TRIBUTARY (5.F.) s N 90 m P R = RAINFALL (FT) u ; G = COEFFICIENT OF RUNOFF t TIA02 ;-F 31 N P OPOSED GB .O +39.11 b b FIFE 'Sa, REGUIRED VOLUME \t o 162.5,10' 585 LF. OF DRIVEWAY ® 16' WIDE = 6,160 S.F. 1 "0 MS's' ]7 fio (0,160 S.F. x 2/12 x 030 = 308 G.F. 22 't..W .E PROVIDED VOLUME ENGINEER'S CERTIFICATION S^ e2 2R=si a0' § USE I POOL 10' DIA x 5' DEEP = 542 S.F KEY MAP 50250HAY ALE BARR ERS SCALE: I"=600' ,3606"/ 8230, Sie'u'�14W P GB 2.0 F }3¢rEd ' REQUIRED VOLUME ysy 512 L.F. OF DRIVEWAY ® 16' WIDE = 8,192 5.F. b �� 8,192 S.F. x 2/12 x 030 = 410 C. -� ? �N J DCO PROVIDED VOLUME �nAIp 9 A 9 USE POOL 10' DIA, x 6' DEEP = 411 G.F LGB S LISS (0 1 36.50 ;P C1 GB 3.0 1UJ 1 i' :.Yi Cc , A Q Y� +36 J, 9 REQUIRED VOLUME p +37.14 4636 E / C 3f 13T .46 HAY BALE 1Q yP j § (n ems_,.:. /•I, _ ,$��� � � 330 LF OF DRIVEWAY ® I6' WIDE = 5,280 S.F HOWARD W. YOUNG, N.Y.S. L5. No. 45895n O A ARIRIERS N Q�y,'D tL DOUGLAS EWADAMST N.Y.S. P.EE NO. 60093 1S(� ---- '.�'T... PEI m W P 5280 S.F. x 2/12 x 030 = 264 G F �"` `L fARo.Nvr'"+"`s�'z+ Tov r PROVIDED VOLUME 'or7i)('E55�u "gs -Q p !A +35.74 't 750 ¢} USE I POOL 10' DIA, x 4' DEEP = 2'14 C.F .� GB 4.o SURVEYOR'S CERTIFICATIONo +36 66 REGI VOLUME Eflo + 726 330 L.F. OF DRIVEWAY o 16' WIDE = 4,800 5P. a 34.96+ 4,800 5F. x 2/12 x 0.30 = 240 G.F $E�° 5 ' HAY BALE I PROVIDED VOLUMERE RS .p § USE I POOL 10' DIA. x 4' DEEP = 2-14 G.F n (AFdJ11D INLETI � e�b� g ILLS2.0. TRIM=,;3'4.00 "0.4 .0 NEW N 1 „�°, '•. DISTURBED AREA +3+.36 N��62. `r= AOR R°-w 41,038. 5f a + �%,`nO N1a g 0.9421 ac 9 N ^ \ TEST HOLE DATA )00 / t135+35.43 6' / +30, +31,06 9 TH# TH#2 LAND`-1 N. DISTURBED AREA �' _ S 05 / _; MAY 15,2006 .TIN.2B,YOOB g'I +3465 p�,GE M°DONALD 6EOSGIENGE WRNESSFD BY soHI OWNER y� LINE of Opl PSgl 'y Ttv +2011N ARIE5, LLG c/o SHAWN TULLY So'�TH 555 NE57- 23RD. 57REE7 APT. 55K NOTE: DISTURBED AREA r0 OOP A w FL=3]6. 0.D' EL-54.1' TOPSOIL OO NEW YORK, NEW YORK 10011 ay e THE LOCATION OF THE 16' WIDE N E� 1 +z92s OS' DRIVE MAY BE ADJUSTED WITHIN t �^ \ S° LRAM 6 350 THE So' WIDE RIGHT OF WAY TO A .1 A AVOID SIGNIFIGANT TREES. .9 °� +3297 +31 ea l x� SRLTY 20' SILTY MEDIUM 5U5D 1 V 151 ON MAP +2897§ SAND PINE 50' RIGHT OF NAY HA BALk' / b rsM1 SANGWYE` +B WITH I6' STONE 5LEND A RI EF£s O ,ym/ sRA� SH,hWN TULLY UN DRIVEWAY LGB LO a ill e. ' lea• RIM=33.00 7 HgJ BALE SIN EL=26' BPRRIERS 623.43 At East Marlon, Town of Southold �� +27 62 R° LINE OF R=29'.0',08* 1a,35 1, G, w, ER IN Suffolk County, Naw York U:=a DISTURB L=64.75' 8 m 94 BROwN SIM AREA �� 2549 2 0 'AS 3 4 OOARSe Gounty Tax Map 01snr°t 1000 e.°n°„ 22 Block 3 Lot 2 '.84°54'00"E "�., ze 49+ ( 268 (u^U KIN N q=a6 qIQ„E o 102.75' 2 `.. 58it +a0�4 o Bq 3 ' � ' 91 FINAL ROAD d DFZNNAGE PLAN z acs �83s gz 3UI ty0?JO,ry� IBa Qa' �qss,°oo„ 210.60' SyA°�2 gormerly 100 o so 100 200 a6'5O,:I,.l W 58'T°48'30"W now or at 21 Lce 4.0 I 5rq• C5 4..00' noW formerly Mlartha PollG5ep61•netls MAR. II, 2019 F =' 5tephante n �j I� ° ETA LIZEC 1,109 5t �0d5• HAY BALE mllle 5lnatfa Illlull(Il U Nov. q, 2019 g � [ GTI❑ �` OUnGIOre ARRIERS Ga 5lnotro' ae, 0q, 2012 gggg@S CO ENTRANCE S Seetlo�315 fnRouNo 111 RLehol^ MAR 142013 AUG. 04,2012 Elle No. Lot 0 AUG. oa, 010 SEP. 29, 2010 Suo,ilvWon MAP PREPARED OW TOWe JUN. 25, 2010 „µlghpolnt Woo 0055 an ff. plle SCALE: P=100' I JOB NO. 2006-0053 1I= MONIMENI 5ET ■, MONUMENT FOUND Q= 5TAF E SET A= 5TAF E FWND OF 2 DWG. 2006_0033_!rd Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert C. Tast, Architect COMPACTED 2'k2" STAKES BACKFILL (TWO EACH BALE) FLOW HAY BALES GRADE S�Op `1 —III— _ _ _ _\\ III—III-111—III—III—III—III— —I ___ _ ll, 111111-III-111-IIIA 111-III LII-111=llJ- 1Ll- -1 I L-111—I I I---11—III —III—I 11=11 I—I 11=1I —III I u I III—I —I l I—III- 111 III—III 111- -11- 1=�_=111—III BALES TO BE SET 111-1111—III 1111 —11- — IN 4" TRENCH 'II—III— 51=11 11, SECTION HAY BALES 2"X2" 5TAKE5 RIGHT OF WAY (TWO EACH BALE) 25' 0 0 0 0 0 �TO BE SET IN 4" TRENCH PLAN HAY BALE BARRIER NTS ENGINEER'S CERTIFICATION BE61N TRANSITION �H � TO REVERSE DROWNE�' hT CATCH 5A51N I eE Sd HOWARD W. YOUNG, N.Y.S. L 5 NO. 4584Bi1, as'-o^ Row. \ q� cnsr IRON Is'-6' 1�,�„ MIN, THOMAS G. WOLPERT, N.Y.S. P.E. NO. FRAME 1 6RAT5 EXISTIN6 PAVEMENT EXISTING DOUGLAS E. ADAMS, NY.S. PP NO. 8089Y'; �QSG\ 3Z URSE s O I6'-0' PAVEMENT GROUND PAVEMENT \`+ _=:2Z� S STONE I.g �\ COMP TEV WEARING AST Ro° B ° 6 FILTER c SURVEYOR'S CERTIFICATION a§o La rvE BLEND z - z MOUNTABLE BERMg'� $ J LOTH (OPTIONAL) Y10 i 11 IL :3 FOUNORY,NPAT NO. 1i3 W PROFILE � 8 RECYCLED CONCRETE 08(0 m.5 _ ------ APPROMVEDEE {I\ 6 COMPACTED me% AGGREGATE 'I 9'DROWN •' • E 4-TOPSOIL) _ _ __-- fin I SEEM, SEEO MIN. FIN GRADE NOTE AT LOW POINTS (OPTIONAL) CATCH N `Yti w v� &'g 9"REVERSN CATCH PAVEMENT T To (� 4S / ��`'/�' dee$ \ AT INLET 5MIWARP 1N EA J BOB510E OF BABIN �� o BET CATCH BASIN INLET M „ EXISTIN6 ^^^��I������� c 10'DIA.LEACHING) 3"BELOW Lq GUTTER 6RAOE EX5TN6 ry'Z C,.bARg1, PAVEMENT 4 CATCH BAslry GROUND — � wA66RE6ATE —� HOWARD W. YOUNG, NYS. L.S. NO 4589 ��� 45603 10 Ls' 4000 FBI PRECAST lT. CONCRETE BAX As BY 5 - LAND VQ NIF6. hPOLK CEMENT OR Z \\ APPROVED E[iUAL ❑® T o �z oo❑ PLAN N = a mw ®D® / ARIE5, LLC c/o 5HAWN TULLY a 'd> p> DRAINAGE TO SEDIMENT J/ 555 NF-5723RD. STREET AFT. 55K €aqm _< LEACHING TRAPPING DEVICE L CATCH BASIN SEE NOTE a NEW YORK, NEW YORK 10011 e�pe REN'ERRANSITION CONSTRUCTION NOTES SUSDIY1510N MAP To REVERSE GROWN RIGHT OF WAY / DRIVEWAY SECTION m AT LATCH BASIN STONE SIZE-USE T•THANE,ORA (RL EFID CONCRETE EQUIVALENT. nmg4pnM 3. LENGTH- NOT LE55 THAN 5A FEET(EXCEPT ON A SINSLE RESIDENCE LOT WHERE A 30 �c�E ^ NTS FOOT MINIMUM LENGTH WOULD APPLY) SHAWN TULLY 5. KPTHS 2 -NOT LESS THAN 6', t=�� 4 WIDTH-ID'MINIMUM BUT NOT LED THAN THE FULL WIDTH AT POINTS WHERE IN6OF55 ON W R`o EGRESS OCCURS fg�a 5 FILTER OLOTH- WILL BE PLACED OVER THE ENTIRE AREA R210R TO PLACING OF STONE 6 SURFACE WAT2i2-ALL'a1RFACE WATER r1OWIN5 OR DIVERTED TOAARO CONSTRUCTION At East Marlon, Town of Southold E`mE EMRANCE5 SHALL BE FIPED ALR05E THE ENTRANCE, IIF PIPIN6 15 IMPRALTIGPL,A G I' l� �f MOUNTABLE BERM WITH SN SLOPES WILL BE MAINTAINE Jl�ffalh Gal�ntlJi, Naw York Waw 'I, MAINTENANCE-THE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL �~5 P ENT TRALKIN6 OR FLOWING OF SEDIMENT ONTO PUBLIC RI6HT5-OF-WAY ALL SEDIMENT dig TPILLED,DROPFED,WASHED,OR TRACKED ONTO PUBLIC RIGHTS-OF-WAY MU5T BE REMOVED biome IMMEDIATELY. County Tax Map olso-m< 1000 secuan 22 elosl, 3 Lt 2 �,3cg J a. FIER ARDATE.IODIO LTION AND MAINTENANCE SHALL BE'PROVIDED EVERY EEVEN(l) 3ee8 Pa FINAL ROAD $ DRAINAGE PLAN STABILIZED CONSTRUCTION ENTRANCE RIGHT OF DRIVEWAY LAYOUT NTs 3 m, eo MAR. II, 2019 @�.a FEB. OI, 2015 fid: i NTS 5eulhoiA Ta"N0 r NOV. 04, 2012 lib" r'1 'n�•.rt'f"•'r '. AUG. 04, 2012 m AUG. 04, 2011 �iob kg SEP. 24,2010 's�E MAP PREPARED JUN. 25, 2010 SCALE: AS SHOWN E = MONUMENT SET ■= MONUMENT FOUND A= STAKE SET A= STAKE FOUND JOB NO. 2006-0055 OF1 DWG. 2006_0055_frd N pNNOTES 400 Ostrander Avenue, Riverhead, New York 11901 G 1e1. 1,31727 2305 fax, 631121.0144 �S }� admineyovngenglnee-Ing.com H 6gL1AL0A'6 ��6/ THE APPROVAL OF TH15 MAP DOES NOT CONSTITUTE THE A}( µ ,,}} `MEA SJ IaA�73 ONMARN OxIM,ATb SOUND ACGEPTENCE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS. f'Y LL4�.�.1.L <pND kz-qs?F 1 • A DECLARATION OF COVENANTS AND RESTRICTIONS HAS HOWard W. Young, Land 5urveyor 580°I$�2uE BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Yhomas O. Wolpert, Professlanal Engineer AOUAVIFN 1 LIBER.__GP__— Douglas E. Adams, Professlonol Engineer DR, COASTAL $01q, 588° ,31NE EROSIOIN j/ HAZARD LRE I • THE LOT LINES OF SUBDIVISION MAPS AS FILED, CANNOT BE Robert G Tact, Architect TOE or ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND BUFF '1 LOT5 MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. TRD ooP 1 51TE DATA A 'TAIRz TOTAL AREA = 11.4418 ACRES yl VEGETATION WITHIN THE 100' ALL REMAIN I N ITS NAT FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL BU RAnF STATE N PERPETUITY. PERMITTED ACTIVITIES WITHIN THC- BUFFER SoNON-01511) TaP of TOTAL NUMBER LOTS i� P 4-ARE Loa 'I ARE LIMITED r0 THE REMOVAL O DEAD, DISEASED TREES THAT = 2 d � �� NON-FERTILIZATION �4'WIDE PATH • ZONING USE DISTRICT BLUFF ARE HAZARDOUS IS LIFE N PROPERTY. NOTWITHSTANDING THE = R-bO ABOVE, THE NONAY BERUPPLEM NTED INTILIZA ADDITIONAL VEGETATION VERTICAL DAVM = N6 V DATUM (M.S.L. 1929) A ' / ' '•.s6s•oo•4rZ 1 •* ^ ° BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE `�' i {q' NB9'0358'E CJD. . ,'/ f' _:_r_"'_- -----, 1_,____.__.___..- _ VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE 3ouTHEn`N B o T®,AIN' 1 12j96' -'lz 12421 --'�. 1 � O " SOUTHOLD TowN PLANNING BOARD AND SOUTHOLD rowN OPEN SPACE DATA P 91'® ! T ! TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES i, 15rr.5R i= W E "i HousE �n1 wELL 1 • TOTAL AREA = 11.4418 ACRES APPRox ! Is a' 'M1 ,p IS PROHIBITED, THE CLEARING OF ANY KIND 15 PROHIBITED, 1 j 1 14 I TOTAL BLUFF t BC-AGH AREA 0'7868 ACRE LocnnaN OF m 1 .N 9j e IN ps „o ,A EXCEPT TO MAINTAIN "WOOD RAMP" ACCESS OVER LOT 2 6 • EARTH DRIVE OVER ELY LINEN = 0.1076 ACRE E%ISnN6 I � ° i sANITARr 1= I �!i lU I • TOTAL BUILDABLE LANDS = 10.5474 ACRES SYSTEM Z ]Im o1 1 C"'RH6 biS +" FOUR (4) FT WIDE PATH OVER LOT lr, • TOTAL OPEN SPACE = 6.5744 ACRES o m10 CQ 'S �, 1 AREA 11n '1 1 y L EARIH6 '1 !1 OSTAlf, lib ll, TIP 1 $ PERCENT OF OPEN SPACE TO BUILDABLE AREA it OLP NI >!IA sn0•g6�la_W X06 = 65744 ACRES / 105474 ACRES = 62.5 % O WELL L.5�p:gb'10 W i to is, 1 KEY MAP 1 r1 O § 1 SCALE: I"=600' i li 1!N 1' TIN 1 OCLU57ER DIMENSIONAL REOUIREMEN75 Sib @!IN I ALL L075 SHALL CONFORM TO THE R-80 ZONING USE I is to DISTRICT, EXCEPT FOR THE FOLLOWING 1}I>C:2 �!1 --IBI, '1 1 P05f9 1 MIN LOT WIDTH = ISO FEET ImV 1N `+n1 0ll 01 FIRS veLL 1= ,1 10 O 1 154 .1 MIN. SIDE YARD = 0 FEET In l0 1 -j6254O� MIN. BOTH SIDE YARDS = 40 FEET 1 L� `1�\M6 I 122b0'��= W \ 911�ti 41"E ENGINEER'S CERTIFICATION b3' gl0" OL 11.50} 1 2s0 L'Sj OO IHC-REBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR 1 '•36 Lo' p,:32/5O' sng,py'10'W v SEWAGE DISPOSAL 5Y57EM(5) FOR THIS PROJEWER CT E d�3 `I DE516NED BY ME OR UNDER MY DIRECTION BASED UPON A SK � '1 L•55 y' L`5'� CAREFUL GH AND THOROUSTUDY OF THE SOIL, 517E AND 1 b GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS �� CONFORM TO THE SUFFOLK COUNTY DEPARTMR�pp11 ,OFpNE-�.. , o �® SERVICES CONSTRUCTION STANDARDS IN F7,r$)AS_O TEST HOLE5 Aw 11 n o 'I DATE. oga 1'1 TYPICAL PLOT PLAN - -' ;�Y..\ € 3N mA_ 1 TH#I TH#2 '1 MAY E,Edda LNL 26,2008 ] Z� 11 {l (0 1 PROPERTY LINE // ��••�•� ✓• ��T'- ' 1 r - II i_' '� M1VONALD 6EOSSIENOE KIITNE55EP BY SCHOS 1 O d 1 p, 5' A11N ' 1 1 S f 13 -5 1 9 OPEN`5 � weLL WELL eL=526' o.e' EL=591' Oa' I 1 9 1 TOWNPVp,Ta� .L 1 - HOWARD W. YOUNG, NY.S LS. NO. 45895n 1 - I G Y. O SOS } THOMAS G WOLPERT, N Y 5. P.E NO 61483 A` TOPSOIL '1 b O � 1 coH5T3•IIxc 1 & DOUGLAS E. ADAMS, N.Y.5. P.E. NO 80097 / . OAM Os ll 1 3 Z 1 HOUSE s. HOUSE a 1s m sRiI-TY Mm1uM 2,0 1, `ate 11 £� 5URVEYOR'S CERTIFICATION g ? 5ANP FINE I 1 1 €9k (sM) 9ecMM, ,o "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON T4415 PLAT �' GRAVEL 1 i '1 I e/x STIcCOMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF WE 1 THOLD,O d� SOUEXCEPT AS MODIFIED PURSUANT TO SECTION 278 9 1 _ 1 y § 1 OF THE N.Y.S. TOWN LAW 6 ARTICLE XVIII OF THE CODE OF THE RSR 1 'p TOWN OF SOUTHOLD." 3$� cl 6W EL=2.6' 90.0' 1 � 1 1 m I.[•cHlxc aow. i+oU9 `' WATER IN 1' 1 11 I' "I HEREBY CERTIFY THAT THIS MAP WAS MADE 6Y.Ar,_ AL a.,H S SROM I` 1 gq'10"E ROAD SURVEYS COMPLETED MAY$,2009 AND THAT AL„Ie" , @� SCA E 1 1 1 N7 l 4' 1 MONUMENTS SHOWN THUS: M ACTUALLY EXI57✓. ""IrH 1F','+s,�^.7NN, B6. = SCARES 1 1 u` 162? 1'y,` N a sArvp Is POSITIONS ARE CORRECTLY SHOWN ANDAi�IM1gN °,y .If a ozz$ ' :I IOW 1 AND BEODETIG DETAILS ARE CORRECT. N Out Tl'1 B60' 1 ,1 1 11 m • THERE ARE PRIVATE WATER SUPPLY WELLS OR 1 1 SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL ���111��•��'��• ""1 I"_ H17„kf rl ,,�. UNLESS OTHERWISE SHOWN HOWARD W. YCUNS, N.Y.S. L5. NO, 45893 TABLE OF AREAS s 1 �m LOT TOTAL LOT BLUFF t BEACH EARTH PRIME OPEN SPACE pRIVENV.Y BUILDABLE ! 1, Il', OPEPp, Ho D `�r 1' OWNER a¢ � NUMBER AREA AREA OVER ELY.LII€ AREA BASEMEN AREA AREA 1 1 TO,yy pF`� N I 3.,66,ACRF_5 08655 ACRE oas,B ACRE 1,520 EA 0504 ACRE ISBIT ACRES 1 1 ', coNSERv"TION w PLANN TNG BOARD GERTIFIGAT ON ARIES, LLG C/O SHAWN TULLY ga y E*SE'"EHT 535 WEST 23RD STREET APT SSK a yP 2 16151 ACRES O4OI5 ACRE 00444 ACRE 46229 ACRES 0,6554 ACRE 1.,509 ACRES 1 I 1 111 1 „ " NEW YORK, NEW YORK 10011 g` TOTALS 114415 ACRES 0.,666 ACRE 0,o'ACRE 65149 ACRES o.69E6 ACRE 52526 ACRESI ll THIS 15 TO CERTIFY THAT THI5 5UBDIVIVOK PLAN HAS BEEN 50' RIGHT OF WAY 1 9 11 § I APPROVED BY THE PLANNING BOARD OF SOUTHOLD. 1 \ 1, O d 1 \ ,1 WITH 16' STONE BLEND 11 2 DATE of APPROVAL _______ BY_ \ \ DRIVEWAY ' 1, CHAIRPERSON SUBDIVI510N MAP •°\ '•\ :1 11 (TOWN OF SOUTHOLD PLANNING BOARD) -"rvb CLEARING 1 SHAWN TULLY j At East Marlon, Town of Southold H LOT I CLEARING AREA = 1.5317 AG, x 49,560 x 0.35 = 29,554 S.F. �; '1 R-�T5Foze'L 11 / --T"-�- ?�` Suffolk County, New York LOT 2 CLEARING AREA = 1.7509 AG. x 43,560 x 0.35 = 26,696 S.F. — — ll 11 Y 1 SUFFOLK COUNTY DEPARTMENT OF HEALTH 584.54'00 '11, GOunt Tax Ma Rlame 1000 szoeo° 22 em�1< 3 Lot 2 5�"a N79 Lo2.7s'__ , s67.46'so"w ' 1 SERVICES HAUPI E, N.Y. y P w�� FINAL PLAT GRae 85.29' 00 4— i Iso.ob' 210.60' �/�q 530°W er �1 ,1 DATE 100 o so loo 200 �4,a ,w NH4°54'00"W J• form HIS Is TO CERTIFYAT THE PRaPO52p REALx SUBDIVISION OR DEVELOPMENT FOR E k= 1 S79°4630' '1 587°48'30"W 1 now °f Campbell '1 , A,'In y{,15 1 SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS WAS APPROVED Lot 21 gormerly Nllortl'o le V 5eror 1) ON THE A50VE PATE,WATER SUPPLIES AND 5FWASE PI5P05AL FACILITIES MUST 9c 1 1 a of I aw Or a 4, 1 h otyo �1 , CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF GONSTRIILTION D FEB. O , 2013 Noe 1 1 "OjoU dere ion gods" ,1 r ami!Qrd lga atro Step ANP ARE 5 STALL TO SEPARATE IF TH I PURSUANT TO THOSE STANDARDS,THI5 NOV.009, 2012 y APPROVAL SHALL BE VALID ONLY F TfE REALTY SUBDIVISION OR DEVELOPMENT MAP OGT. 5, 2012 s WILY FILED WITH THE COUNT(CLERK WITHIN ONE YEAR OF THIS PATE.CONSENT IS S ky [ Sec RIG'II HEREBY 6HVEN FOR THE FILING OF THIS MAP ON WHICH THIS ENDORSEMENT APPEARS IN FEB " 92013 Aub, 04, 2012 snag >yo. 5315 Lot no THE OFFICE OF THE COUNTY CLERK IN ACCORPANCE WITH PROVISIONS OF THE PUBLIC AUG. 04, 2011 533 > 1 1 011e 1 5ubdlvlGlOn G, 1 HEALTH LAW ANP THE SUFFOLK COUNTY SANITARY COPE. SEP. 29, 2010 q COClMAP PREPARED SoutholU Town .PUN, 25, 2010 "Hlshf Int r10 10p35 I vlTo A MINEUALI P.E. SCALE: I"=100' DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY Stiff. JOB NO, 2006-0053 I of I 0 = MONUMENT SET 0= MONUMENT FOUND A= STAKE SET A- STAKE FOUNp I '1 1 Dw6. 2a06_aa33_Plna_p Qt_r2 LpN Young do Young G 400 Ostrander Avenue, Riverhead, New York 11901 7IE4NE /SLAND c I ' 631-727-2303 or N S73 HLOc �'a K Ox1MA� JpvND Thomas C.dWolpert W. nProfessional E. Land ngineer 11 °701, 2°°5 Douglas E. Adams, Professional Engineer Robert C. Test, Architect 24g, E ° 518q 2 E 588°44'31"E LOASTAL «�i uNE 86.81' 4"e OE OF 51TE DATA —+ fi W E TOTAL AREA = 11.4418 ACRE-5 C ATTAiu G 15< \ • TOTAL NUMBER LOTS - 2 p \� ZONING USE DISTRICT = R-00 CND A+a°'No - 5 kaAN°EL -35 TOP OF • VERTICAL DATUM TO spX B�a� S = N.G.V DATUM (M.S.L. 1929) AOUADVRIEW @�FTLPI.IEZP.T N F a�wl�'PAT�i,2� ��. j%i; i ses•ooalE Ne �5 Jw \ MMAms J�T30 z I143T; p TORR. APPROX 1OU5E p•p 3250+ 1H�1 § ")11 LOCATOR OF y4 N 9 $ NEXI STING •➢ SANITARY 2 ) s1V SYSTEM Y — � +327 ARINS b''�j 9 m Y'i cc 33 90 pp �' 33.7_fi // � 4,79 m \P 3 0 $wo51 DRAINAGE DF-516N CRITERIA E CALCULATIONS O A •pf.'10"W HERN d •� .%" " _ `� u 9e'woes 50UT A / G .•'air o - s / WELL e' u RY V = ARO A = AREA OF TRIBUTARY (S.FJ - w m R = RAINFALL (FTJ 390e + u b G = GOEFFIG IENT OF RUNOFF D OY tHx2 1+3 Nm v °� LOB 1.0 ys REOUIRED VOLUME o Imy 555 LF. OF DRIVEWAY 9 16WIDE = 6,160 5.F. \ Sep N'15"'N''1O 3750 6,160 S.F. x 2/12 x 0.50 = 305 G.F. 1y= 20144 PROVIDED VOLUME .E ENGINEER'S CERTIFICATION �E 3^ 5y N y 'R=ey o h USE I POOL 10' DIA. x 5' DEEP = 542 G.F KEY MAP 5 5 �'jO'ly5o �'`�pH AY ALE a°€ 50ALE I"=600' =3668: g1505T 115"BARR ERB 3 OLOB 2.0 S�R. RE +3¢44 p5' r REG7UIRED VOLUME �� { D o -p 512 L.F. OF DRIVEWAY @ 16' WIDE = 5,192 S.F. 5 P N Z b 9 3 8,192 S.F. x 2/12 x 0.30 = 410 G.F. M �I FS7 3fi+91 DAO O PROVIDED VOLUME P 00 N y n -T USE I POOL 10' DIA. x 6' DEEP = 411 G.F N C 4336.°0 O ZY LEE To 3650 ? d pGL B 3 0 // �y - j A m +35. Aa' . 4vae 71 9 0 REQUIRED VOLUME 46 — BALE to�,�����p�yypyy�3`�� E �� ��[. 990 LF. OF DRIVEWAY O 16' WIDE = 5,250 5.F HOWARD W YOUNG, NY5 L5. NO. 45043n O w P % 0 5280 5 F. x 2/12 x 0 30 = 264 G.F THOMA5 0. WOLPERT, N.Y.5. P E. No. 61403 O Aly ARRIIERS / 3 m{ tARallo IN"2a N tOWN �T DOUGLAS E. ADAMS, N.Y.S. P.E. NO. H0H9Y \�<ti Qf•�_�Q`\�1' ;;,r" €gFI -Q p Z GO N +3s 7a PROVIDED VOLUME 1 >50 'EA USE I POOL 10' DIA. x 4' DEEP = 2"14 GF /35 51'`x:' ."„ m +3fi.5fi LOB 4.0 SURVEYOR'S CERTIFICATION a§¢ u REQUIRED VOLUME � + 25 330 L.F. OF DRIVEWAY o I6' WIDE = 4000 S.F. 34.96+ 4,500 5.F x 2/12 x 0.30 = 240 GP as ` % HAY BALE ,r(�` PROVIDED VOLUME ye= 7j E 2�s -1 USE I POOL 10' DIA. z 4' DEEP = 274 OF ° +3 1 lAROLLNO INLET) m e RIM=,3' 00 / N� •a O ... s.=_ DISTURBED AREA 0 +3435 162. %!.`�`.� `T�I�Y 41,038. Ef 0.9421 ac s TE57- HOLE DATA 11 35" HOWARD W. YOUNG, N.Y 5. L 5 45595 +]3,25 § /f 5 P Q , Wry. • i Eli IAM ,_ e S°G +30 +3105 '9 TH#I TH#2 � 6- D15TUR5ED AREA �' , IwI �N@ +3455 5µ"'E� l`(/ MCOONAL06EOLIENGE WITNESSm 5Y 5LHP5 LINE of OPER +3,1�.E°T +2936 ARIE5, LLG c/o 5HAWN TULLY ae DISTURBED AREA j TOM of ^TIof) U IEL=eye' ODI EL•39.r 0°' 535 WEST 23RD. STRC-ET APT. SSK a�a NOTE / OON TOPSOIL NEW YORK, NEW YORK 10011 °;Se THE LOCATION OF THE 16' WIDE is, EA5 +29 zs 05' DRIVE MAY BE ADJUSTED WITHIN Vm m LOAM 35.0 THE 50' WIDE RIGHT OF WAY TO �' r \ AVOID 516NIFF3z 97 IGANT TREES. .� I, +31.54 GROWN 20 SILTY MI FINE 5UBD 1 V 151 ON MAP +2597 1 b SSIM.')D 5FAlIJo• a 50' RIGHT OF WAY HA BALE' ry0 / SHAWN TULLY LSA WITH 16' STONE BLEND A RIFs O LONE '4=e1 GRAVEL DRIVEWAY (" ;" �1 : Ie.o' `eF LGB I.0 X527:' sea RIM=33 00 C HAY BALE 6W EL.yb' bw9E BARRIERS 00 023,4] BOO Esse + ,n+2752 . '� At East Marion, Town of Southold ase• v SLINE TURBEF R 59.Ba pOS11icF,IL 26,3s 01 � � NAT IN Suffolk GOUnty, NAW York = AREA 475' �� \ 9n FINE r<� WOOS\� 3, 4 FINE TO 2 ° ',M15 COARSE Gounty Tax Map 0,sm°< 1000 serol°r, 22 9I°°x 3 L°t 2 504'54'00"E "�, 25,49+ 25.5 SAND 07B ,6N-9' 5W FIAL ROAD $ DRAINAGE PLAN 3=_dR MEd a" \+31 +,29,49\ 543 A\P, 50' 31 � \ `(� '��•0 ,3p° 100 o so IOo 200 154oa' „w 5-1 L4o6t'3201 I506' oo e2r1l0y.bo'oo"r0 yyA°5M�°rntohwO Aon GoSmapebmeeti5NHs58rWloo" ll 4 RM44 v go$ M°p oWaodS" HAY BALE now or 5lnatra stop NOV _ D FEB. OI, 2013 0 "SOVndGreOt ARRIERS Gam111e 5lnatro 'V111,J11Llfhl Illl`9' D NOV. 09, 2012 S 0- 58ction 1 (AR°✓Np INLET RlGhard Aub. 04, 2 011 $Fs No. 5315 Lot 10 FEB - 82013 SEP 2942010 =a,; Flle 5ubdiv151on MAP PREPARED JUN 25, 2010 d0, „Highp°Int 1 0°jp035 Fi10 SCALE. "=1o0' =IITown 0= MONUMENT SET 0 e MONUMENT FOUND A. STAKE SET A= STAKE POUNp 5uff. GO' JOB NO. 2006-0 Planning B°artl DWG. 2006_0_a LA I OF 2 IN Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor Thomas C. Walpert, Professional Engineer Douglas E. Adams, Professional Engineer Robert C. Tast• Architect GOMPAGTED 2"x2" 5TAKE5 BACKFILL (TWO EACH BALE) FLOW HAY BALE5 GRADE 40 Nt 11-III-Ill--�III—III—III—III—III— —111—III�I11-III 1 _I _llrlll=lll�ll�l— —III—III=LI—III=ll--III SII � I�- - i I —III—III =III—III—III—III— =III —I I—III—I BALES BE SET 4" _111_1 —III �-III—III—III—L= IN 4" TRENCH I—III- 1 i=111-111=1T1 5ECTION HAY BALE52"x2" STAKES RIGHT OF WAY o 0 0 0 F (TAOo EACH BALE) 25' HALES TO BE SET IN 4" TRENOH PLAN / \ HAY BALE BARRIER NT5 �� \1 ENGINEER'S CERTIFICATION TOTO R TRANSITION S., E REVER5E CROWN e o I AT CATCH BASIN IIIIYIIII, �g® yip ip m_ HOWARD W. YOUNG, N.YS L.S. NO 45893n \ � 1 ++ ✓i 'y= THOMA5 C. WOLPERT, NYS. PE. NO. 61485. N DOUGLAS E ADAMS, NYS RE NO. 8089T �� I" CAST IRON `�'\ sM PRAMe PRAM __ _ e1;5 SURVEYOR'S CERTIFICATION \\\ aFee � 6COMPACTED TEO WEARIN66 O B O 3 0 6 M5PAVEMENT 2,. INs � � cauase 3"BroNE I ' ?' Sed" 1ie - ________ __GRATE CAMPBELL • max HOWARD W. YO L S. NO 45893 t1 "'�N �c 4z¢ OAST IRON FRAME 4 LB b b"COMPAC20 RECYCLED CONCRETE FO)NORY, PAT NO 540-1 IYY Pb6REbATE OR APPROVED EQUAL. _/ m4x. }'• 3'GROYOV 4 10'CIA_LEACHING) 4 TOPSOIL) 4 TO, CATCH BA5IN { 5EEO 4 5EM? pp OU\� •�•' ` FIN.6R 1! NOTEi (� AT LOW POINTS WARP PAVEMENT TO OWNER Y 3•'REVEPSE LATCH BASIN R 9 ZAT INU7COM 51KARP 20'EA. ARIECJ, LLC, Gl0 SHAWN TULLY da�.> ry M W SIOO OF BA51N W I555 WEST 23RD. STREET APT. 55K €aim W BUT CATCH BASIN INLET B'BELOW GUTTER 6RAOE NEW YORK, NEW YORK 10011 n&e N aE 4000 PSI FRECAsr CONCRETE Box As MF6,BY SUFFOLK E. CEMEM OR p BEGIN TRANBITION APPROVEOEaUAL. ❑® 5UBD V S O TO REVERSE CROWN r" AT OATOH BASIN ®o® SHAWN TULLY �sey / ` LEACHING � CATCH BASIN At East Marion, Town of Southold saee Suffolk County, New Yorkzo'� County Tax Map olse.,ct 1000 soman 22 Block 5 Lot 2 RIGHT OF WAY / DRIVEWAY SECTIONw� NTS FINAL ROAD 4 DRAINAGE PLAN RIGHT OF WAY / DRIVEWAY LAYOUT pyo p �a.3 4 FEB. 01, 2013 d.€� AUG. 04, 2012 �=aG Nrs FEB - AUG. 04, 2 BFa AUG. 04, 011 SEP. 29, 2010010 'ss MAP PREPARED Sou1ho10 geed U JUN. 25, 2010 SCALE: A5 SHOWN JOB NO. 2006-0035 :207: 2 OAS. 2006_0055_frd M= MONUMENT 5ET ■= MONUMENT FOUND 121- 5TAKE SET A e STAKE FOUND N L ANG / NOTES 400 Ostrander Avenue, Riverhead, New York 11901 Ca ti HL1 ^Lo SLAND tel 651."1212303 fox. 1110144 LOCA TER MA�Ro JOI IN • THE APPROVAL [6 HIS MAP DOES NOT CONSTITUTE THE ,a In®y�ry V 9 nf'}f 4 �}y1'ee/NN?JJ ngenglneering.com oq ARK AS X1,yA� AGGEPTENGE OF HIGHWAYS SHOWN THEREON AS PUBLIC ROADS qN �.a,2aOs AOUAVIEW s O°/$��IE • A DECLARATION OF COVENANTS AND RE5TRIGTIONS HAS Thomas G.HaHord Professional Land Surveyor / I BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN DR. cSTu. 'SO.IQ' S88'44'S1"E LIBER___GP___ Douglas E. Adams, Professional Engineer ,,ZRbEROSION 86.81' HAZARD LITE TOE OF I THE LOT LINES OF 5UBDIVISION MAPS A5 FILED, GANNOT BE O TO N / BLUFF 'I ALTERED WIHOUT PERMISSION FROM THE PLANNIN6 BOARD, AND Robert C. Tast, Architect LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP. A / 1 51TE DATA N g \ 'I N • VEGETATION WITHIN THE 100' NON-DISTURBANCE/NON- TOTAL AREA a 11.4418 ACRES O oo.NON_PI5TUr+eArvcE/ FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER NON-FBUFFERATION �,y,wlvE PATH eLurf I ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT • TOTAL NUMBER LOTS = 2 "r1 / F4-AIDAFFROX.COL. rSL OF ➢ BUFFER A ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWDING ITHSTANTHE IP / RN BLVD. `•.ses•oo'41^E I ABOVE, THE NON-DISTURBANGEM • ZONING USE DISTRICTON-FERTILIZATION VEGETATION = R-80 _, __,__,_T._N@`!"_o3'ae;,E,_,= _,-,_,_ _ m. BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE A / O MAIMS I -1.s r' VERTICAL DATUM o Z T' 1]4'ai' 'I @ VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THC- = Nay. DAVM (M.51. Iq�g) \ or s5° 1 sTr BR. 1; I, LL 1. SOUTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN APPROx 11 HOUSE 1,6•N�1 Ty{pl Off` 11 4 W ® TRUSTEES THE CONSTRUCTION OR PLACEMENT OF STRUCTURES / LOCATION OF p� I,p lh I EXISTING 1 N s1 $ !N? �' IS PROHIBITED, THE CLEARING OF ANY KIND 15 PROHIBITED, snrvlTAgr N 1�, 1 Ia W r EXGEFT TO MAINTAIN "WOOD RAMP" ACCE55 OVER LOT 2 d OPEN SPACE DATA SYSTEM Y �31ry 1 b_I`b'N 9 1 ++' FOUR (4) FT. WIDE PATH OVER LOT I. • TOTAL AREA II e mll� I;q 1zD2 �1 11 cLB11A+5 Ilm1 {I = 114418 ACRES W 1 11, 1, pT = 0.1868 ACRE • 70TAL BLUFF 4 BEACH AREA I 1 CST 11 m2 1 25 1 $ - 106550 ACRES Gn� Nl'p Ain 5TB•�-1O�W TOTAL BUILDABLE LANDS KEY MAP I O 166 ACRES W>=LL L—"hb'lo"W _! +j{',� 1 1 • TOTAL OPEN SPACE 6.6 STB N.P SCALE, P=600' I ml' 15� !I O I • PERCENT OF OPEN SPACE TD BUILDABLE AREA = 6.6166 ACRES / 10.6550 ACRES = 62.1 % l-u I CLUSTER DIMENSIONAL REOUIREMENT5 w . ulm `' Im ALL L075 SHALL CONFORM TO THE R-BO ZONING USE DISTRICT, EXCEPT FOR THE FOLLOWING: MIN L07 VIDTHY = 150 FEET MIN. S OEARD 1?2>T MIN, BOTH SIDE YARDS N IO( '' -"162540„B I = 0 FEET N 1 --.L1”" I N7B•� ,1 = 40 FEET O 12260'- W 2�as.Op42.E 1 _ I 96T54_ 'S-\ p, / ENGINEERCERTIFICATION 1 150'pe 520 11 j' STC. 10.1350 � O 'I 00' Y ,,1 11 R g R=g2 gT0'�to"W * 1 HEREBY CERTIFY THAT THE WATER SPROJEC AND/OR p[$1' SEWAGE DISPOSAL ME UNDER M FOR THIS PROJECT WERE '99. 1 DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A ghg -13 CAREFUL AND THOROUGH STUDY OF HE SOIL, SITE AND yy 99 TEST HOLES I b fl 1 CONFORM TO&ROUNDINATERTHE SUFFOLK COLUNTY DE ARTROPOS 4�g :I O MS 1 L LOTS, AS P - O I SERVICES CONSTRUCTION STANDARDS IN EF I� s 1 = o DATE, h�� c. w°Go _ TH#I TH#2 ?nA d TYPICAL PLOT PLAN a MAY I5,20ob .NN.2B, Ul 2008 �. MCDONALJO 6E-05LIENOE WITNESSED BY 5LHO5 1 3 z-` o A 11 N OPEN E#'GE I s Nm PROPERTY LINE M_-926' CC. FL=991' Do' I, I 1 I -T ➢ ARE 019 ,� I ,� WELL r TOPSOIL D { 11 U`! TOWN Of S�IoN - HOWARD W. Y DUNG, N.YS. LS NO 456gBn 05' I lI '1 '6 O 11 coN .rc '1 Z THOMAS G. WOLPERT, NY.5. P.E. NO. 61483 ",� B14a3� 4=�4 LOAM BRAWN SO sax I I ,I c 1 I HOUSE & 7M / DOUGLAS E. ADAMS, N.Y.S P.E. NO. 80881 �OFESS � Uo SAND MEDIUM ,1 , •L 11 bs oY�s (ISM) ESOME! I I N SURVEYOR'S CERTIFICATION Epp GRAVEL 'I 11 � k ALL LOTS 5HONN ON THIS Pad y Bo' 1 I - �xg ° COMPLY KITH THE"1 HERESY TELILDIN6TZONE ORDINANCE OF HE TOWNTOr 4g W OF THE N.Y.S. TOWN LAW 4 ARTICLE XVIII OF THE CODE OF THE eke 66 E_.2 6' jOO� ,I 11 ,O ,I s SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 218 II @ N' t wcx1N°wa. TOWN OF SOUTHOLD." � eE aI WATER IN I hip BROM I I I hp COARSE 1 1 I II N'16°AO 10 E 1 ROAD "I HEREBY CERTIFY THAT HIS MAP VAS MADE BY ACTUAL '`�' � SAND 11SN 162gq' SURVEY5 COMPLETED MAYS,2009 AND THAT ALL _T 5 9 (54 I 9 1O; MONUMEN75 SHOWN THUS: 0 ACTUALLY EXIST � �" 1 I I POSITIONS ARE CORRECTLY SHOWN AND A $g=L N INN AND GEODETIC DETAILS ARE CORRECT." hA W, �. '9 A 119m I 9_ 1 1 • THERE ARE 7E PRIVATE WATER SUPPLY WELLS OR may./ p * �k 1 I UNLESS Y SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL �~�' !1 K 2 UNLESS OTHERWISE SHOWN. u HOWARD W. YOUNG, NY.S. L.5 NO. 45885 45893 � 1 e TABLE OF AREAS 1 1 I b' s .25' 1 LOT TOTAL LOT BLUFF 0 5BACH OPEN SPACE DRIVEWAY BUILDABLE NUMBER AREA AREA AREA EASEMENT AREA AREA I 1 ARESryJTHOIO 8 3.1661 ICM5 09853 ACRE 1P 5 ACRES 00404 ACRE I551T ACRES ,1 1I I TOYNof I OWNER _ I N 11 LO�Y10N N PLANNING BOARD CERTIFICATION ARIES, LLG 6/0 5HAWN TULLY' I 1 1 535 WEST 23RD. STREET APT. 55K k§�F 2 T6Ti1ACRES o4a1sACRE 456T3ACRES o6s54ACRe I.'1509ACRES NEW YORK, NEW YORK 10011 6q TOTALS 11.4-018 ACRES OTB6B ACRE 6,6'166 ACRES Ob958 ACRE 9EB26 ACRES 1� � II`I 9 1111A d 0 1 THIS 15 TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN N 50' RIGHT Or WAY 11 ¢ a APPROVED BY THE PLANNIN6 BOARD OF SOUTHOLD. WITH I6' 5TONE BLEND s DRIVEWAY 1 I DATE OF APPROVA - -------- BY______ q CHAIRPERSON -- 5U8D M S I ON MAP GLEARIN6 �, \ \` TOWN OF SOUTHOLD PLANNING BOARD) AEfg�pk LOT I GLEARIN6 AREA = 1.5311 AG. x 43,560 x 0.35 = 23,354 S.F. I 1 6^ _ J 5HAWN TULLY ;HE .�€ R •w'1L 1 T 5 LOT 2 GLEARIN6 AREA = 11508 AG. x 43,560 x 0.35 = 26,bg6 S.F. -� I. L=54.17 =`54.57At East Marlon, Town of Southold ale. Suffolk County, NaW York om 1 sB4's4'oo"E �' 1 SUFFOLK COUNTY DEPARTMENT OF HEALTH 11„ --j0 a 255r I '1 SERVICES HAUPPAUGE, N.Y. y p ' N1q• AIQ 0275 s 1 County Tax Ma ol•trl°I1000 s«tion 22 a1o°x 3 Lot 2 — — - _ I 581°48'30"W N - 1 NAP _50.0c", 'I 1 A. IB5.29' O \1 II IN,4L PLAT O IB4p4 ! N8455.06' W 210.$0' q�J�30 rl I II DATE 100 O 50 100 00 I 57a"46,3D"w 1,1 4'oo°W 2 orf C O !! 'I 11 THIS 15 TO CERTIFY THAT THE FROP05Ep REALTY EEDIVI510N OR pE CIFMENT FOR 1 W. 1 Lot z! r etl5 SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS WAS AAFROVEO k'"53 ,1 formerly Moryt�ha An^/ 3erem 1111 _ MaP of d5° I no or o ¢ I Sten G 1e I ON THE ABOVE DATE.WA ER SRPLIES AND EFFACE DISPOSAL FACILITIES MUST 6 Sc CONFORM TO BCT TO SEPARATE STANDARD'-+ IN EFFECT AT 7M TIME OF CA DS,THI5ON ,dill§ NOV. 09, 2012 r 1 V40 APPROVAL SHALL BE VALID ONLY IF THE REPLTf SUBDIVISION OR DEVELOPMENT MAP 9€R Sou'n60re soc-tio ! 0 1I Richard ISlnatf a �'I AND ARE SIB.ELT TO SEPARATE PERMITS PJRSIANT TO THOSE STANDARDS,THIS 'I n ' 5315 s puLr FILED WITH THE COUNTY CLERK WITHIN ONE YEAR aF THIS DATE.CONSENT IS NOV 1 y 2012 OGT. 15, 2012 2E�„ 1 Flle N° Lot !O HEREBY 61VEN FOR TIM NLINC OF THIS MAP ON WHICH THIS ENDORSEMENT APPEARS IN AUG. 04, 2012 'THE OFFICE OF THE COUNTY CLERK IN ACCARDANCE WITH PROVISIONS OF hIE FUELIL AUG. 04, 2011 $3 I I 5ubdivlGlan d5, HEALTH LAW AND THE er FOLK COUNTY SANITARY CODE, SEP. 29, 2010 1 1 1 9hp01nt Noo1Op35 1 MAP PREPARED JUN. 25, 2010 O e MONUMENT SET ■= MONUMENT FOUND I 1 'I SUff. ile E T AL OUAJ_ITY MIMIk SCALE: 1"=100' CoG0. DIRECTOR,DIVISION OF ENVIRONMENTAL QUALITY JOB NO. 2006-0035 OF STAKE 5Er = srAKE Fouev DWS. 200(_OO55_flnc I_plat_r2 NOTES 40O Ostrander Avenue, RlVerheod, New York 11901 N LONG D I tel. 631'7272305 Po.. 651.'12'1.0144 adm In®youngengineering.com T@L1 /SL,gND N I' THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE yyyy His,qp ALD" �•O) I p� I AGGEPTENGE OF HIGHWAYS SHOWN THEREON A5 PUBLIC ROADS. La+ c S ATBq ON^'ARk AR'RaxIMaTe J VND T JEw R eJ oNG 5�"aND •)O��`• B'2Oos I ,2�/ 15�1N6 9&\G�gP I A DECLARATION OF COVENANTS AND RESTRICTIONS HAS `Ob/yp �4$` gg0, �i Ex ,� FRES BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Howard W. Young, Land Surveyor AQUAVIEW (S�8'�2"$ I �� Z. 'L5 TING 10 .{ I LIBER_- _CP__ Thomas O. Wolpert, Prafe5slonal Engineer DR COA6TAL 9' 588"4.4'31"E AU �)C\S OF VAP Robert C Tast, Architect HhZ�ARD LINE @ 86'01 P \GHS I • THE LOT LINES OF SUBDIVISION MAPS A5 FILED, CANNOT BE Douglas E. Adams, FrcfeE51ona1 Engineer oo; TOE of ALTERED WITHOUT PERMISSION FROM THE PLANNING BOARD, AND BLUFF 'I '1 LOTS MU57 BE SOLD AS SHOWN ON THE SUBDIVISION MAP d 0 A = 517E DATA A / T^I�- . VEGETATION WITHIN THE 100' NON-DISTURBANGE/NON- TOTAL. AREA a 11.4418 AGRE5 M 0 , \ pA fi II FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL / N 0 '"°M° 7.- .-- cAgd. p 1 6' STATE IN PERPETUITY. PERMITTED ACTIVITIES WITHIN THE BUFFER oo'NON-DISN3RBANCE/ Z" I �1 ` TOTAL NUMBER LOTS A��x Loc TOp of N t� �ry/. �. /fib' a•W I ARE LIMITED TO THE REMOVAL OF DEAD, DISEASED TREES THAT = 2 �,'�, NON-FERTIuzA1Ory BLUFF I m �� "� 'qp. 2'3 ARE HAZARDOUS TO LIFE OR PROPERTY NOTWITH5TANDING THE T euF of 4 WIDE PATH q•5 Z 1 ZONING USE DIS RICT = R 56 60.1., _ 1 ABOVE, THE NON-DISTURBANOEMNTFO TILIZATION VEGETATION / 50s•oo4rE m 5 1730 W NSI II ` BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE - VERTICAL DATUM A '/' '` I / \' 95• A`, = N.G V. DATUM (M.S.L. 1929) VEGETATION SUBJECT TO REVIEW AND APPROVAL OF THE BLVD' ,f^�.__ Cr_.�_ _.-__�_..____�___._______._._,_ 1 50UTHERN Ni:X O of elrzw lax n' ._. ._ ._.� ,I W e - W - $ 5 r .- ofjZ ��I I SOUTHOLD TOWN PLANNING BOARD AND SOUTHOLD TOWN 119.19' q efl O / O STY BR IIZ ; T 4L- 1 or gorm y 11 �, 1 15 PROHIBIS.TED, THE HE rLE RING F PLACEMENT R STRUCTURE LG\noN%GE '1 HWSE .1 Ap it i� 0 1 4 I Martha Ann Ggepelmetle I, '1 �, Exc�r 7o M�nTa,nGi�wooNDGrz.4rPNneeEss 15 PROHIBITED, nor 2Da OPEN SPACE DATA 1, N S 1. ,n� o I hanl0 J' I ^my ,a y FOUR (4) FT. WIDE PATH OVER LOT 1. EXISTING p1 _ \` 1 SANITARY 1, 1� 1 ull1w A I Step GS 1 1 SYSTEM = li 1 s, J 'I _ '1 1 • TOTAL AREA = 11.4418 AGREE 1- 15A f•, 1. LLEAR'1N6 1 `I 1 1 _ D . Gq 1 A = TOTAL BLUFF 4 BEACH AREA = 0 7868 ACRE (,59I, '1 • TOTAL BUILDABLE LANDS = 10.6550 ACRES N 1' Oip1. .yQ1- 1. m I O S ST 6.465q ACRES TOTAL OPEN SPACE = ACRES O ST '1 1 LLEARIN6 pl �1� 4-------- ASP ----- 15 l 1 AREA mlNl IZ r N70a1gy� I \I 1 - PERCENT Or SPACE 70 KEY MAP WELL 0'46'10 E „ 1 it 1D ,1 I nt '1 6.4659 ACRES I/ 10.6550 ACRESDABLE AREA = 60.'T % ;I ` -q1 K 5GAL5 I '=600' 1 O 11 11 m 11 O p I I z { 2 1 CLUSTER DIMENSIONAL REOUIREMENT5 �._j� 1 1, ll tu11N I OON` ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE DISTRICT, EXGEPT FOR FRONT YARD SETBACK SHALL BE 3m ?HSA fli 1 ' 011 N ;1 I ',I 20' MIN, LOT WIDTH SHALL BE 150' MIN. AND 51DE YARD �� 11 b Ib1a ''1 g 1, tl7.54' I V FOR EXISTING HOUSE ON LOT :2 SHALL BE 1 1 f 575'4610 Vl I I z I Qo yo _ CALL N u�yzoe'asE _ = I ENGINEER'S CERTIFICATION i 57e A6'10 1150 't 15 R'S'Oo § 3 R" 1 * 1 HEREBY CERTIFY THAT THE WATER 5UPFLY(5) AND/OR I = I I 5EWA6E DISPOSAL SYSTEM(B) FOR TH15 PROJECT WERE I/ 1500' 10"W I I� R•Eb 0, WAGED• 570 M' 'i O O DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A 4y@� Lem, L= I 'I \1 I < CAREFUL AND THOROUGH 57UDY OF THE SOIL, SITE AND 4 �= n N GROUNDWATER CONDITIONS, ALL LOTS, AS PROPOS 4pp I, I 1 IIII 9 3 o ' I ' CONFORM TO THE SUFFOLK COUNTY DEPARTM GMf' F E O DSIN7A NEy =A' � SERCESGON5TRCTIa5TNDAR TEST HOLES 5- oATE. TYPICAL PLOT PLAN DFg OAS 00 TH#I TH#2 o ''1 3 fll 1 1 M 0 Q MAY Is 1000 -NN.20,'2005 11 C 3 I "S �1. 1 g FERTY LINE V 1 T MmomA 'EOSLI@ILE WITNESSED SY ECHDS ,�I 3 Z m 9 N O pj'p'$1 5 O 0 r 1 l 1_ cl- -D I I 5' Mlx � Z II N aPE'N SPA E @� I �� p Q� 1 weLL WELL HOWARD W YOUNG, N.Y S. -.5 NO. 458g3n O O {d 1 ARE W lL -y 1 THOMAS C. WOLPERT, N.Y.S. P.E. NO. 61463 EL=536' 00' EL=591' O.a Z OF S� TOPSOIL I, C 1 TOWN OVATION I N t4 0 DOUGLA5 E. ADAMS, N.Y.5. P.E. NO. 5009 `. \..:- `..r l-' `E Os' I coN T "5 '\� ' °^ 5"sem LOAM I 3 gs HOUSE % HOUSE : "' .,;, P7 BRorw (3z�l$ 5URVEYOR15 CERTIFICATION Bg = S5­7YA 'FIINNEM I C ND fsM) SAM I O `4' ; "1 HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT e3.,a ➢c' 5RA,EL I O NI cis a� ..M11 GOMFLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF pi SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 278 OF THE N.YS. TOINN LAW 4 ARTICLE XVIII OF THE CODE OF THE ¢H TOWN OF SOUTHOLD." n 6W EL-2h' WO, I 'Q z ,GeNlxc Eaal a �$ I O 11 E BY fiGill�rLEE_� .y'D q0 /1( "I HEREBY CERTIFY THAT TH15 MAP WAS MAD 8 PROTErRWIN I ,E y'I\ ^ ROAD SURVEYS COMPLETED MAY B,2009 AND THAT Al„L':1 `N, @yB 5 FINE To (10'10' I N !' ' \~ CARD I N,5162 bry0;.\9 \9 I MONUMENTS SHOWN THUS. ACTUALLY =XIS (2l a =u COARSE qg' O b 1 POSITIONS ARE CORRECTLY SHOWN AND A ' e I 1�°� 4 AND GEODETIC DETAILS ARE CORRECT,” �T?-,e'/•�<' "i;'. J-� F� 2ob'I / 0 560' _ / � mI 1 • THERE ARE NO PRIVATE WATER SUPPLY WELLS OR 1^ 6 Oma\ 0 O 'I 'I SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL UNLESS OTHERWISE SHOWN. H HOWARD W YOUNG, NY5 -.5 NO 45883 \;(i?,,�'�,,;?ij°-�'I1 Y I EA5Er4ENt W / or FOrmer y I II ,\,r1:;5`F`L'i 6' •, now GOtr one = II --- - elf TABLE OF AREAS I 1 °n LOT TOTAL LOT BLUFFA BEACH OFEN=PACE COMMON DRIVFNt4r MILD ,I II OPEAACE I = atra OWNER a '6� ROMPER 9766TAGRES o3 RAGRE BD95ALRE5 EAA05AaRE 5510RhLRES I I gwERS^^O� —"'now °r RSO Ganille Sin Z I' I PLANNING BOARD CERTIFICATION A s13s wEsr 23RDASTREET Y aNe ul I LaE "r �, Sinatra 1 = 11 11 AFT. 55K pR 1 7.6'151 ACRES O4OI5 ACRE 46566 ACRES 08660 ACRE 17510 ACRES @ I 1G11ar 1 ply 1 I, I, �' ` 9R R ?UI, I TH15 15 TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN NEw YORK, NEw YORK 10011 TOTALS 11.4410 ACRES 07060 ALRE 6.4659 ACRES 0.9065 ACRE 53025 ACRES 1 1 1 -C1NG' 1 O 1 S II 0 $ F rA\5 SDS 1 II APPROVED BY THE PLANNING BOARD OF SOUTHOLD. l\ 1 5't p I, 1 ••� `I '1 O Zt AUS 2 �x\5T\N�t lP O1 y-- 11' DATE OF APPROVAL _ _ BY----—_—____________ 4�� LOT I CLEARING AREA = 1531H AG x 43560 x 0 35 = 23354 SF \ II (i1(,HT II CHAIRPERSON 5USD1\/1510N MAP Leer <eo •� ,I II ESO- II (TOWN OF SOUTHOLD PLANNING BOARD) H � SHANN TULLY _ 7 1-07 2 CLEARING AREA = 17510 x 45.560 x 035 = 26.646 S.F. � * P05E17 II 6A+s �= � li ane PT pp WA R=59so'Po� E" a - -- ° � ', I, At East Marion, Town of Southold I ICD ' 475' R=36.00' 0 - - aE: SUFFOLK COUNTY DEPARTMENT OF HEALTH Suffolk County, New York __ _ SERVICES HAUPPAU Y � \ � I N.Y. 46'S0'E o _ 102.75' r y ' N C�Gi1rv'Y'1% ��/'16' O.,W I I \A 1 Ou ax olstnct s•atloa amok Lot B `E do " 5 r I� N87°40'50"E U' �/ y6q 52 0019' 2 l9 I I � LIST O% L°tI rn_ IIII 1000 22 3 2 ae G G my T Map O N \252'gJO,I� A O ,I V' I 11 DATE .FINAL, PLAT O— O 4 1` 455.06 210-bO a'• armerly 0 Q _ 1 ` THIS IS TO LER-IFY THAT THE PROPOSED REALTY`SUBDIVISION OR DEVELOPM'NT FOR I, S ,1 440,50„W ,I N8 4'00"W 98"!'49 90°W n0W pnn Gampbeet 5 O 'I V• I,, 11 �� SHAWN TULLY IN THE Tow OF SOUTHOLD WITH A TOTAL OF 2 LOTS NAS AFPRovEo 'I Lot 21 gormerly Martha 5erem - I 1 ON THE ABOVE DATE.WATER=SUFPLIE5 AND 55wA6E DISPOSAL FACILITIES NNST g,.3 I Neap of I or Sinatra 4 I 5tephan1e J U, O I CONFORM TO CONSTRUCTION STANOARDS IN EFFECT AT THE TIME OF CONSTRU6TION Q- ^ ` I AND ARE ABJECT TO SEPARATE PERMITS WR�1ANi TO THOSE STANDARDS.1115 5 Gami11e N `` I 1 APPROVAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR DEVELOPMENT MAP I 5t Waad a ,I 15 DULY FILED WITH THE COUNTY CLERK WIhIIN ONE YEAR OF THIS DATE.CONSENT 15 - - - __ frN6� = I "5oundcre 1 'I R1Gh d lU'I(latr I O ' II HEREBY 611 FOR THE FILING OF TH15 MAP ON WHICH THIS ENDORSEMENT APPEARS IN AUG. U4'' 2012 568 SeGHo�315 ar 1p t , T `I I AUG. oa, 2011EF- qq THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVI510N5 OF THE PUBLIC 0 100 O 50 100 200 1'I hUdO�t bOdop35 Ill I I HEALTH LAA Arm THE SUFFOLK COUNTY SANrcARr CODE SEP. 29, 2010 spa. I I File No. I got ° MAP PREPARED JUN. 25, 2010 1 VITO A.MIN=I,PE. I I 5u „H19 pF oNa ,. , 'I IIII DIRECTOR DIVISION OFENVIRONMENTALPURI SCALE: 1"=100' 44. 0. 1 JOB NO. 2006-0059 J`I OF I 0 = MONUMENT 5ET 0= MONUMENT FOUND _ =TAKE 5ET .= STAKE FOUND I, 1 I, 1 DW6. 2UU6_UU9B_Ilnq_pot_r2 i 5N I.' Young do Young L.ONG I`�L 105 I + // + § v� E 5\S FRSE 6 GLEP 1 400 Ostrander Ave 631-727-2303 Riverhead, New York 11901 J AND + N 41�N,A1-ON5 `Ny/ r / / 1' 2 el \0 Howard W. Young, Land SurUe or ,-A��MAA ,,, cO(� / 1 O / u 5T1N yqp,^ 1�7 g, y -97S.10, rm ON "As ^'ATE S ND // Ex[�1'IT OF Thomas C. Wolpbert Ct,Tast,Professional al Engineer =5 2.0 1 / / ,�. R 1 Douglas E. Adams, Professional Engineer � B OO6 + / N � 1 =33.00 lc5�wary�N�/ 1..1 M=2700 nlpDo .v mx 9 SBH°4431"E PAIL 1 ""°.^'-,�" +HAZARD LINE 86.81 1 ,p�EyGB 1 \\ \ b - SITE DATA TOE OFs i� R=31-e.00' N000s - - EJUPE ���(�� �6' � TOTAL AREA = 11.4416 ftGREr 1 d54`�ti0' % �g0'15S0°W I 1 F G S�'4ND NPRO I x5 ISB54 �_ - 560° 6�O I e • TOTAL NUMBER LOTS = 2 STAIRS _ \ �\ N 00' �- ilmw.. ` 1 - \20'x'. r 5 N.91 1 = R-80 it!_ •sqs X5.12 W p 1 'H ZONING USE D15TRICT pgUAV1EW RAI,m-- _ \ I ISo,q �' +� Z;�° NI VERTICAL DATUM ' 210.60' q•5 arl p -1 1 = NG.V. DATUM (M.S.L. 1929) Loc:-'44 TOF OF 4°54'00"W form y � � NON �L¢A ltd 4'w1DFYATN z __ SLUFF 1 567°4630W °yp or bell b 1 1 BUFFER _ @ 3 5.0 n Gamp 1=30.00 erl tha f�nn en etis 9 form y Mar V. Ser �,Y�I ORD. /i/i�.ji j Q �sS1S/I,mN5-I'sI�Tzoror.-a4R_l.E_�'1 ,N '3 i'• T\ 1 1 now0gmatra 1 OPEN SPACE DATA Gam1� Snaa G\ RIOT • TOTAL AREA = 11.4418 ACRE5 LL 1 \ p L APPROX. /' HCUSe 1 Q A l + LOCATION OF at 10 1 O 91 1 1 A- 1 + TOTAL BLUFF 6 BEACH AREA = 0.7868 ACRE EXISTING ' N 9 1 v 1,�9 0 5ubdiV151on jl 1 SANITARr point Wa°d5° 3 I O I • TOTAL BUILDABLE LANDS = 106550 ACRES SYSTEM . . + ' 1_UT Ni " 9h NO. A T ij/ ? �ow Co 15Da \ SL pleI m.MA O II SUff, Go, Flla 'f 11 TOTAL OPEN SPACE = 6.465E ACRES 9 .� + % �+ \\'{\ 11 A • PERCENT OF OPEN SPACE TO BUILDABLE AREA Vi 6.4659 ACRES / 10.6550 AGRE5 60.7 % 509THERN 61- OST O � .� + - 1 SLP ARI ul ul 462 " c,a 15 OWEIL v as vv 1 �° '1 �vv 1 11 CLUSTER DIMENSIONAL REQUIREMENTS Rea1= I 11 I ALL L075 SHALL CONFORM TO THE R-80 ZONING USE 21 ss I OISTRIC7, EXCEPT AND LOT W DTH RFRONT BEYARD E75ACK SHALL BE - II of 0 1 0 FIS IJ 5 00 0 o ENGINEER'S CERTIFICATION _ < f KEY MAP b�, /2�R,Bz,5o' I 11 O HEREBY CERTIFY THAT THE WA ER SUPPLY(5) AND/OR SCALE: I"=600' 1 1 /,�' zTe'A6'lo 1130 L.51 Da 11 rn 14 0 5EWAGE DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE 1 9 " DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A IN I 1 7 1 1 P CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND6ROUNDINE 1 1 II, 3boO;+R,5a5D; e'I'B•46'Ib"w g= glD5 9 O 3 3 M 70 CONDITIONS, ALL LOTS, AS PROPOS CONFORM Ih, Z 1 I O CONFORM TO THE SUFFOLK COUNTY DEPARTM DF H A 11(, II 0 5ERVIGES CONSTRUCTION STANDARDS IN EF EGT A3 FI,;THiS, u", �i 9 61 'S t➢N1�1 DATE. A�IS -'@e � f 0 -11 NAI_ 1' ' 1 S 1 ON 0A 1 9 1 I fz La.o 130 1 t RIM=3600 tt� I I O N,m + > E 9 0 OS HOWARD W YOUNG, NY.5. LS. NO 455-15 i V E 1 9 OTONNA�y£ / I 1 THOMAS 5� 0 614 LJO -(d DOUSA5 E. ADAMS,, NY 5F.F.. NO BOBTEST HOLE DATA T + CONy_l f r 33�`L€o + o I O `91 { oYoa �+ \ q 01 SURVEYOR'S CERTIFICATION M. 3 I ` 66 +` + I�gkd TH#I TH#2 1 �� "I HEREBY CERTIFY THAT ALL LOTS 5HOWN ON THIS FLAT s� DRAINAGE DESIGN CRITERIA b CALCULATIONS .- MAY 15,2005 JUN.25,2005 ems, I COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE rowN of esu - 1 + MCDONALD SE-OSOIENCE A17NE35EV BY SGHOS 1 0050 ' 50UTHOLD, EXCEPT A5 MODIFIED PURSUANT TO SECTION 276 '06 9 (/' OF THE N.Y.5. TOWN LAW E ARTICLE XVIII OF THE CODE OF THE 49 O �1 1 !\5 11 TOWN OF 50UTHOLD." P-M A = AREA OF TRIBUTARY (5.F) I + � - -- - , § EL=Bz6' OO, EL-5P.F D 0 ' 1 30 9�O dRi g 1 'O 70PBOIL 1 \d `J\ Z 1 "I HEREBY CERTIFY THAT THIS MAP N415 MADE BY ACTUAL R = RAINFALL (FT.) \Tl C3' \U' �, SURVEYS COMPLETED FEB.88,2888 AND THAT ALL C TE �SW3 O = COEFFICIENT OF RUNOFF LOAM 1 OO h'\ 9 1 p �e [r� 1 ^p„ pml MONUMENTS SHOWN THUS • ACTUALLY EXIST -T 7']'\ 1 "I RIM='`✓4.00 �N, .4 SAW MEDIUM �'- 55 �A 1 AND GEODETIC DETAILS ARE CORRECT." �`( �[� TY\ ag n LOB 3.0. - .�\ O 1 1 POSITION5 ARE CORRECTLY SHOWN AND AL © 1 \ 5=�E 162 FINE I 1 `�� 'p I ^ o SAND < MB REQUIRED VOLUME 1 y rh'; NO \ SROAvE1 I fOrYnerlUJ 1 /-E __ ��. 298 L.F. OF DRIVEWAY 9 16' HIDE = 4,768 S.F. s rn \ teMl no OtrOn 1 , a 1. { m, t I\ l �EeE I V A IGD W Or 4,768 5F. x 2/12 x 0.30 = 238 C.F / \ ) On G / + \\ l/ SABI 3oD' - HOWARD W YOUNG, N.Y.S. L E. NO. 45693 . �„ \ GS},r \; PRH VIDED VO'LDIA x 4' DEEP = 274 G.F - --� CEEN '. / + r.. // + � �� § .pNATER IN 1 - �- 1 ".V : I EASEM a / / W INE �- fp ?'r Uj °JIn trO rm A 6, / ( + + •9 co ase �- - npW Or Go1r1111= 1 - - � �a LOB 2.0 I 1 z5' / I BAND rd 5iratrQ z 1 1 OWNER REQUIRED VOLUME + / GE (5w1 (ZIOhQ " 1 x¢33 365 L.F. OF DRIVEWAY a I6' WIDE = 6,160 S.F. I 11 OPEN 6P%' + + - 1 -01 1 ARIE5, LLG G/o 5HAWN TULLY $F�> 6,160 S.F. x 2/12 x 0.30 = 306 G F 1 ,I 1 / 3ea o 0 535 WEST 23RD. STREET `., 1 / Tol^o+oF ATID 'J 1 1 1 APT 55K tle#�e PROVIDED VOLUME1 1 CON T +,,, , W q I 1 NEW YORK, NEW YORK 10011 USE I FOOL IO' DIA. x 5' DEEP = 342 G.F E }3E o NOTml Tp O LOt 1 1 ' 1 THE LOCATION OF THE I6' INDS h + / + 1 ','i 1 § �" _� x\�j'(\N O' SUBDIVISION MAP REQUIRED VOLUME \\ 1 DRIVEWAY MAY BE ADJUSTED + 512 L.F. OF DRIVEWAY ® 16' WIDE = 8,192 S.F. I WITHIN THE 50' WIDE RIGHT OF WAY / _ �1 1 TO AVOID SIGNIFICANT TREES. -y I O // rvO / U \e TABLE OF AREAS C� _ �N I 1 S'f��tWN TULLY N0e 8,192 S.P. x 2/12 x 0.30 = 410 GF V / /. Ex ' LGB 2.0 1'7' 1 / P RV6 0 �' I 1 `N PROVIDED VOLUME 1 RIM=3300 / / + // , 1 SW"=U J ( / L 6 1 Q LOT TOTAL LOT BLUFF • BEACH OPEN E ALE COMMON DRIVEWAY BUILDABLE E � - � 1 -p Eg N� L USE I POOL IO' DIA. x 6' DEEP = 411 G F \ I � G NUMSER AREA AREA AREA EASEMENT AREA AREA _ � �,\ At East Marlon, Town of Southold UR l� pSED 1 R1M=27.00 \4� LGB 4.0 � 1 p Of PA 1 �^^�+ + ( +I' O,`Tb ' 3'166'1 ALRE3 03853 ACRE IBCT3 AGRE5 0.0405 ACRE 15318 ACRES � LQS � 11 1 � Suffolk County, New York IG 1 GP V`IA L=54.75'rOST• 5 R=3§t.00' \ ve os� p 4 �.� -Ib,Til hGRES 04015 ACRE 46566 hGFES 08660 ACRE LTSIO ACRES REQUIRED VOLUME 1 \ ^ 330 L.F. OF DRIVEWAY 9 I6' WIDE = 5 80 S.F. 1 L=50.'&T \ Tonvs u.ule ACRES OTBeB ACRe b.4vsa ACRFs o5D6s ACRE 3.]e¢9 ACRES O 1 Y` 1 T Count Tax Ma OIstN=t 1000 5.&1.0 22 EIOcx 3 Lot 2 OM ° PROVIDED VOLUME -' -75'- Ii'1 \ \ � /' i // � 04r 2 iqO 6, 5O„yl O cr 11 1 y Io oe6a 5,280 S.F. x 2/12 x 0.30 = 64 G.F. � 1 584 5400.,E ly7q 4630E s _ 102 / tl \ b � \2 � - 16941- 4 � /, q52 n, O � I sbsa \ 1 S6 66.1 w o { RAINAGE PLAN USE I POOL 10' DIA. x 4' DEEP = 274 GP rte- Iso.00� \�- -- \2'8a"T O 1 11 o _ 1 L ROAD $ D yam' Obj\ yi5° LOT CLEARING AREA = 1.5318 AG x 43560 x 035 = 23.354 5F N8454' O 210.60 gormerly __ -LL: _ _ =`y5 ,W W 55-7048'1 or ell r - a I y yn9°4650 11 LOB 5.o naw Gompb LOT 2 CLEARING AREA = 1 '1510 x 43560 x 0 35 = 26696 SF t 1 1 o s= Lot 21 RIM=S3.o0 erly 1 Martho P'nn arometls LO 1 I Vi;19 1 Map of ods' 1 noMl °r f°natro' Stephania `/ 5 1 1 I ' ' --- .1 1 1 11� ' "5oun est Wi milled 51n ° 1 J 1 11 � I, AUG _ 9 2011 1 ,�pu��oa?2o1ua loo 0 50 100 200 1 1 File 5315 L 10 1 I 1 111 MCAD„_ - dcr Ga atr 5actlon , Rwhar I _ 1 a No. of 100' . __-1 �. 29, 2010 ssac ` Igo°ln 3 I 1 II 11 SCALE:006_0033�Prd L.- UN. 25, 2010 ' 1 1510n _- 2OOS (2 D116. 2 1 I diJ ods TL_illn°_II,- -I 0= MONUMENT SCT ■= MONUMENT FOUND Q= STAKE SET 0= BTM1KE FOUND Il I' I h Flla r W 101' JOE I OF N Lp - 1 NOTES 400 Ostrander Avenue, Riverheod, New York 119OI NG tel 631721.2300 fax. 631."127.0144 :� :1 admen®youngengineering.eom r1E I SL�N N THE APPROVAL OF THIS MAP DOES NOT CONSTITUTE THE 1 O e L NA Msq o S• .{ I AGCEPTENCE OF H16HWAYS SHOWN THEREON A5 PUBLIC ROADS. '' S73. TED ONS aqs Te OVNID A D�1JEWp',� eJ e> NG RND /)�OHO, 2006 I G '3 Z� EX\y-(\\`1G� (�1-EP 1 A DECLARATION OF COVENANTS AND RE57RIG7IONS HAS U/,� 4$• `✓80• �' v + FSE BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN Howard W. Young, Land Surveyor AOUAVIEW )B��"F 1 b ,Z. 25 - 6 \O I LIBER_- _CP____ Thomas G. Walpert, ProFosslontl Engineer DR. COASTAL )x.14' 588°4431E AU ESC\5T\NOF y'lp`-( Robert G. Tast, Architect H RSION 8(a.51, ,1 Q- R\6N 1 THE LOT LINES OF Bull MAP5 A5 FILED, CANNOT BE Douglas E Adams, PrdPosslonol Engineer TOE OFALTERED WITHOUT FFRM155ION FROM THE PLANNING BOARD, AND / SLUFF :1 11 LOTS MUST BE SOLD AS SHOWN ON THE SUBDIVISION MAP SITE DATA - - •- TOTAL AREA = 11.4418 ACRES A Alra A �.-� --� N VEGETATION WITHIN THE 100' NON-015TURBANCEMON- / 0 1 - .0 1 FERTILIZATION BUFFER AREA SHALL REMAIN IN ITS NATURAL , r') b O 'wroo •. _ 1 6` STATE IN PERPETUITY, PERMITTED DEAD, DI WITHIN THE BUFFER t20 TOTAL NUMBER LOTS loo'NaN-nlsnmBANLEJ TOP of Al 1'/' 6` W "� ARE LIMITED TO THE REMOVAL OF DEAD, DISEASE-D TREES THAT = 2 NON-�UFFEzmATION oF�� pATM BLUFF 1 U1 t � - 40q y230 Z 1 ARE HAZARDOUS TO LIFE OR PROPERTY. NOTWITHSTANDING THE • ZONING USE DISTRICT = R-60 -i r'W_l_ j 66 88.\„W ,1 ' ABOVE, THE NON-D15TURBANGE/NON-FERTILIZA7ION VE6ETATION BUFFER AREA MAY BE SUPPLEMENTED WITH ADDITIONAL NATIVE • VERTICAL DATUM = N.6.V. DATUM (M.S.L. 1929) "`°5,as•oo•are 1 --- 2 VEGETATION 5UBJEGT TO REVIEW AND APPROVAL OF THE VD NB9'OS'S-E Q Ngl- o p rsFl,'.m+5-._sr_r_._._r_-_. -'----'-'-'-----,c:_._r_:_.__. '- \?'y�•y`J� wo-1 1 � .- m O TRUSTEES. TOWN PLANNING BOARD AND PLACEMENT F TOWN gOUTHER A / O\ 12'''7 Z T II9.w' ; 1, Q° fOrmP•rly Q :, 1 W E' TRUSTEES. THE CONSTRUCTION OR PLACEMENT OF STRUCTURES / APPRo% '1, s V.Hol. 11, P D !1 thl>41 DWELL 11 § I 1 nOW Ann OQr(Ipb011 t15 1 11 Y6 Y 15 PROHIBITED, THE GLEARIN6 OF ANY KIND 15 PROHIBITED, OPEN SPACE DATA 1 N th0 're ' 1 EXCEPT TO MAINTAIN "WOOD RAMP” ACCESS OVER LOT 2 S LEEATION OF 6` p' . $ 1 A p NIQ.r J, Se , a, « / E%IITARY i 1i . 9 ° h SANITARY m 11. '(� ' N!IsW 9 1 1 Step Qrlle 11 +^ FOUR (4) FT. WIDE PATH OVER LOT I. . TOTAL AREA = 11.4418 ACRES SYSTEM 1 1 ! 6 ,R mIU �}t ,1 I Z�l ,1 • TOTAL BLUFF d BEACH AREA = 0.7868 ACRE Z m a� • TOTAL BUILDABLE LANDS = 10.6550 AGRE5 @ p LIED 1-_ 1�if O'tA N1 ,s 1 1 01 1 S j , O -1 1 • TOTAL OPEN SPACE = 6.4659 ACRES 11 0� y,01 11.1 25 N1D.wO'E-7 y5, 11 1I I \y1 Il KEY MAP 1 r' 915 1 yOjELL rN,b' -1O�""rc 11 101` 1 I I I • PERCENT OF OPEN SPACE TO BUILDABLE AREA 1 'L--q1 q5 1 1 = 6.4654 ACRES / 106550 ACRES = 60.7 % SCALE: I"=600' 1, !I 1.11N 1111 O P 1 CLUSTER DIMENSIONAL REQUIREMENTS 1 P1'm 1 '{ ; W!u 1, O N ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE DISTRICT, EXCEPT FOR FRONT YARD SETBACK SHALL BEm 1 u o ; 0 1 {I 20' MIN„ LOT WIDTH SHALL BE 150' MIN. AND SIDE YARD 0 I,154' FOR EXISTING HOUSE ON LOT :2 SHALL BE 15.0' o !I o 1 1 Ib pb41•E __ ENGINEER'S CERTIFICATION \5 1 I _ 00, 1 I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR ��gs i NTD' 11.50Y'n 1 / 2 pF, o"E 1 1 SEWAGE DISPOSAL 5Y5TEM(5) FOR THIS PROJECT WERE g2l4' =56 R=510 NnB DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A r��' 1 V 111 / "I CAREFUL AND THOROUGH STUDY OF THE SOIL, 517E AND gaE L=5 L= I �1 1 N GROUNDWATER CONDITIONS, ALL LOTS, AS FROP05 tla�Q 1 p 11 9 1, I N 1 1 �D 5ERVI E5 CONSTRUCTION STANDARDS INFORM TO THE SUFFOLK COUNTY N GT AS OF THIS S�E� TEST HOLES I o� 9 0 1 I fl p z 'I 111 s TYPICAL PLOT PLAN DA E. y �§ TH#I 71-1#2 I do II do 1 a. 0 oNl 11 3 � MAY IB,2000 -NN.2B,2000 1 ] AG n' 11 q `D I O N,�II C PROPERTY LINE MOOONALD I!0501ENGE WITNESSED BY 561405 t5� 1 1 ,T NAI I 5' NIN 1, I 5 Z ', N OPEN S A E �.L II O O s I N wea WELL HOWARD W YOUNG, N Y.5 L.S. NO. 45845n O O {O I PRE 1 THOMAS G. WOLPERT, N.Y.S. P.E. NO 61483 EL=826 CO. EL.5q.1' TOPSOIL Oo to DON vS kOP 1 fl N rc DOUGLAS E. ADAMS, N.Y.5. P.E. NO. 80047 LOAN 05 1 3 1 N � 9s I, HOUSE n 2. HOUSE e�e� SROMILTY MEDIUM Zo I 11 ,I O z� a _ a SURVEYOR'S CERTIFICATION @4§F IL C x gk SAND FINE _ r (5M) gANv pNg° 1 II 'I p s1 sEa¶C z "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT R3C SRAVEL 11 O� i$ rnxrc COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF 18 0, SOUTHOLD, EXCEPT AS MODIFIED FlUTO SECTION 218 Ey a _ , ROUANT W s' OF THE NY.S. TOWN LAW E ARTICLE XVIII OF THE CODE OF THE SE mI 6W EL=26' 30q' 1 111 O ¢ /�j11 _ IE.eNxa PaaL TOWN OF SOUTHOLD." Ile g WATER IN 11 @ 1` v°y`0 gfl0—/ : I "1 HEREBY CERTIFY THAT hN5 MAP WA5 MADE BY ACTUAL 1, 1 ROAD SURVEYS COMPLETED MAY9,2009 AND THAT ALL �- P�To 11 N78" Clo E 1 tai V���_/.// 1 MONUMENTS SHOWN THUS. 0 ACTUALLY EX 5T D THEIR COARSE I Iz 1629q 30 'a6 / 1 POSITIONS ARE CORRECTLY 5HOWN ANDA DIMENSIONAL €z SAND 11_ 1 �ry\0 ',I\ / ,A z 1 , AND 6E/ODETIG DETAILS ARE CORRECT." @pe % d lsvU ,I 1 ti00o A� V5N 96,0' 1 / y^ THERE ARE NO PRIVATE WATER SUPPLY WELLS OR pI'.r t1�L/L U4 SANITARY SYSTEMS WITHIN 150' OF THE SUBJECT PARCEL UNLE55 OTHFRN15E SHOWN. ' 1 Py , I % 1 HOWARD W. YOUN.Y.5. L5. NO. 45893 ENT ,pw % gorm°ray 1, 1 NG, � ,1' ' ' N 1'I EP 1 6' 1 r10W OrM GOtrOY1e \`, 11 TABLE OF AREAS 1 25 p°n LOT TOTAL LOT Ell I BEACH OPEN 5FA4E LOMHON DRIVEWAY BUILDABLE 1 111 OPEP�A D 1: _�- - fOrlper1y of\YIgtYO' 1 111 OWNER nP RANDOM. AREA AREA AREA EASEMET AREA AREA 11 OF 5oUTM0 Or Oo ' 1 ARIE5, LL-r, c/o SHAWN TULLY FN m 5.766,ACRrs OBBSB ACRE IeOPS ACRES ao4as ACRE Isle ACRES �I I Ta oN �n*laN �I� now (yam __ -1 1 PLANNING BOARD CERTIFICATION 11 SER NT OtrO 1 z :I 1 535 NE5T 23RD. STREET 2 1P 1 EA5 m d ojlrl _ N, 11 APT. 55K B § 2 16151 ACRES 0.4015 ACRE 46%6 ACRES 06660 ACRE 171510 ACRES .P 1 fJR 'NI, ' THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN NEW YORK, NEW YORK 10011 TOTALS, 11.4410 A6RE5 0ne6e ACRE 64659 AURES o.g06s ACRE 32826 AURES :, ', 9 11 �/ �x\STYE 6 11 APPROVED BY THE PLANNING BOARD OF SOUTHOLD. T!NG 1 =G \ I 1 KU 5X\5 T 01 Gt q 1__ 1 11 DATE OF APPROVAL ---—___ BY_______—____________ I Y ISION MA LOT I GLEARIN6 AREA = 15318 AG x 45,560 x 035 = 23354 5F \ II 1 O t (L\CSN' s �' 1 SUSDCHAIRPERSON ^�1� I 12� 111 (TOWN OF SOUTHOLD PLANNING, BOARD) LOT 2 GLEARIN6 AREA = -510 x 43560 x 035 = 26696 S.F. a SHAWN TULLY � e PR A � �' I PO ERGENGYE R=36.ao' - - - 3 _ II 11 At East Marlon, Town of Southold 0 on o EM pCGE55 L=sG.67' o-k - �( SUFFOLK COUNTY DEPARTMENT OF HEALTH Suffolk County, New York SERVICES HAUPPAUGE, N.Y. cu �__� ��Upp' I OJD_u-e--�4111m I -II—o'—�E \� 87°48'30°W —1 ' � \2 .b�\d � g1b -15•Y1 \�w x NO�z.� fi3 \ �\./^T`�T• 1 11 1 Z County Tax ap ol• l,000Os• , 22 1o°xn 02 L°< 584• 5 68 6'BO'e 8FINAL FLAT� 0e?k DATE 5oo64 2 o 210.60' A°5� ere o r- 1 1 C 164' N84°54'001h 6 o1- fQrm 11 �' O 1 ' h THIS TO CERTIFY THAT THE FROPOSen REALTY SUBDIVISION OR DEVELOPMENT FOR 1 57q.p6'-30 W I 58'1°46'30"W noW be _ _ —— 'I 11 q-( SHAWN TULLY IN THE TOWN OF SOUTHOLD WITH A TOTAL of 2 LoTs WAS APPROVED a do Lpt 21 u! fOrn,p�rllj MQrthQ p'nn/Oyepemetis O Q - I ON THE ABOVE DATE.HATER 5UPPLIE5 AND 5ll DISPOSAL FACILIVE5 MUST S I 1 CONFORM TO CONSTRUCTION 5TANDARD5 IN EFFECT AT THE TIME OF OONSTRUOTION 4,-e 1 1 Q Qf I noW or QtrQ 4 1 StP/phQn1e Q 1 ^ 11 AND ARE 5JB.€6T TO 5EPARATE PERMITS FUR'-UAT TO THOSE 5TANDAROS.THIS AU� - 0 2011 1€ME h4 p d5 51n `• AFFRONAL SHALL BE VALID ONLY IF THE REALTY SUBDIVISION OR DEVELOPMENT MAP �' dLr P.St WOO 6016 5lnotro 'N. 1 '1 IS DULY FILED WITH THE COUNTY CLERK III ONE YEAR OF THIS DATE CONSENT 15 - 1RNO orHERESY&IVEN FOR THE FILING OF THIS MAP ON WHICH THIS ENDOR� T APPEARS IN N s I I un Sectlon 15 'I R,1LIn C 0 O li �I 1, O 1, THE OFFICE OF THE LGINTY CLERK IN ACCORDANCE AITH PROVI51ONs OF THE PAELIO -- AU,9 04J 2011 Sgc rym I I File NQ 59 :I 5U Ot 69 1 LOt 1 `I G 1 ,1 HEALrH LAN nNo THE suFFOLK couNrc 5Arv1TARr cove MAP PREPARED FII JUN_ 25, 2010 = a= 9 100 0 50 100 200 'I lI 1,1 H1gy,pQlnt V101 1C)05 I \- \ 1 1' 111 DIRECTOR,DIV151ON OF ENVIRONMENTAL QUALITY E SCALE: "=100' CQ, Fele _ \I/— ,- ,I 1 JOB NO. 2006-0033 1 '1 '1 SUff I .1 II DWS. 2006_0035_flnal�lats2 OF B = MONUMENT SET ■= MONUMENT FOUND Q e STAKE SET A= STAKE FOUND a11l / COP=•�-�RT � E I R\ EWP� 1 Young & Young LQAIG '9 I',, 1� 1 + // + / 1 i -§ v!(/ Ex\5 E pLEAR 'I 400 Ostrander Avenue, Riverhead, ive hes , New York 11901 �1 YY 303 rIE LI '5L �Q i� // / `Z 25 " \NG \O '( Howard W. Young, Land Surveyor N Ns `�� / 2 / / AU E1g5t OF WA 1 N Thomas C. Wolpert, Profeasional Engineer 5 LOCAL oR MAFK�ROXIh{prE SPUN .y1111 / O / rv% 1rOF\t I Robert C. Tast, Architect D GB 2.0 / + R Douglas E. Adams, Professional Engineer °/O' B'30°6 =33.00 Hm6c / Lq 1.0 §� 5 I$O ��. . .�.,..,� "'^^' \ R1M=2Y.00 _-vb.°1°F 4, 6 � cowsrAL .IR' P 588°44'31"E ' ''yl + SITE DATA s \ TOE OP 1 L-5o.R-1' \ Ap ' '',. 1 1 6, W l}^(1� 2 E TOTAL AREA = 11.4418 ACRES \\ BLUFF1 'L 1 \ _1 .54'o F " s4s, <O 14.54'00"E .. bq \n' Z 1 �w + = 2 NG / rnaO 1 '- 1 �_ 587.48'30>W' 1 '+,/ + 5 68. • TOTAL NUMBER LOTS 3(q STAIRS _" -_ - - _ - 11,` N r , . A ill �'s. • ZONING USE DISTRICT = R-00 No 8-po -� 1 :I+ ` ,x;,ri,i�r, , O.'b wy� 5 u. � 1 SOUND NISOp6: r 17' Z� 3� VERTICAL DAVM R,N� - -_ 210.60 "5 erl o ' AQUADREW Arr.Rax.L � \ TOP OP 1 4.5400"W 58'1°48'30„1N 0r 40rm y 1 IN V. DATUM (M.S.L. 1929) OF 4�NOE'PI.39 5WFP formerly 1 Martha Ann/GSepem'00letg 1 11 S now ar otra I 5tephonle e\` 1 OPEN SPACE DATA p i O Camille 5 otro z nl O O O w sH% JOCF �. Z �1 y� II9.13 �T 1 RtGhard Sin 1 • TOTAL AREA = 11.4418 ACRES STYLOBrs.USE1 Q 1 �� T 1 LOt to 1 �1 I • TOTAL BLUFF d BEACH AREA = O.'1068 ACRE APPRO%. 1 A 1 + TI'1't § 1 d'N1510n 91 I LoennGN OF .1 11 g • 1 SUbFileOd5p35 � SII TOTAL BUILDABLE LANDS = 10.6550 ACRES nNG SANITARY 1 +,.. u y� y „N19h1201nt TIO. t0 \I TOTAL OPEN SPACE = 6.4669 ACRES SYSTEM I]II 7411 ? T CO 1501 \ _ RING 5 • BLE AREA 1 _ C° I p �'� PERCENT OF OPEN SPADE TO BUILDABLE Wi -+ { �+, - �I0 1 1 Z ; = 6.465-1 ACRES / 10,6550 ACRES = 60-7 % BLJD. l� lil 70 osr t ' 1 SOUTHERN dj6 O eai_. 1 _ joLL / �A ,� 11 �,� \It 1 i o 1 CLUSTER DIMENSIONAL REQUIREMENTS \\ 1 If I 1 I ALL LATS SHALL CONFORM THE ZONING USE DISTRICT, EXCEPT FOR FRONT YARD SETBACK SHALL BE 11 I +'o- .1 1 9 m'la _ 1 I 20' MIN. AND LOT WIDTH SHALL BE 150' MIN. N 1' NO+ 1 ENGINEER'S CERTIFICATION 1 � 511'16' I N O • IHC-BERT CERTIFY THAT THE WATER SUPPLY(5) AND/OR a KEY MAP 1 1 ,19.':� ,� ��+} / 525° 1 m @ C SEWAGE DISPOSAL 5Y57EM(5) FOR THI5 PROJECT WERE `�, '1 1 d!i6 �5.46'lO 1250/•Y1i Le5bO 1 N 1 I N O DESIGNED N ME OR UNDER MY DIRECTION. BASED UPON A TUU' SCALE: I"=600' 1 „ r N / ° @ � 3 1 1 9 .y CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND e Ip I 5600✓R�5y50 NTe0 E 3 GROUNDWATER CONDITIONS, ALL LOTS, A5 PROPOS �� Ir 1 := 55'+ L•51°' Z I O CONFORM TO THE SUFFOLK COUNTY OF HE DEPARTM A b0 ' O 00 �.c SERVICES CONSTRUCTION STANDARDS IN CT AS OF 'x1415 0•�® DATE. aE_,ego 5 I N� 9 { 1 � LGB 4.0 O C) O � 9 � � 1 TI 1 A_czil a, 1 RIM=36.00 C 1 QS HOWARD W. YOUNG, NY.S. LS NO. 450g3n c + " / g I O coil m + " '" .p 5P E / 9 � I -5 THOMAS G WOLPERT, N.Y.S. P.E. NO. 61483 ' S f Z a DOUGLAS E ADAMS, N.Y.S. PF. NO. 008gT 3 9 p {p I�"Ili`; �� P' _ m TEST HOLE DATA z - , - efl Me} - TOWN J T 1 �° � IY=� "60 LO�•,5E N + "'-' 091 + a § -1, 4 N` SURVEYOR'S CERTIFICATION I G t F � oo I O TH#I TH#2 �J "I HEREBY CERTIFY THAT ALL LOTS 5HOWN ON THIS PLAT €N 411;1 +" 1 E� 1 58 DRAINAGE DESIGN CRITERIA CALCULATIONS MAY 15,BOOB 36,3006 COMPLY WITH THE &IILDIN6 ZONE ORDINANCE OF THE TOWN OF po' o 5OUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 2-15 a€ M°DONALD 9506 ENLE HITNESSEO BY SLHDS 1 0 �ry qq' OF THE N.Y.S. TOWN LAW d ARTICLE XVIII OF THE CODE OF THE € TOWN OF SOUTHaLD." 5p? r Oa' 1 b`'7°�'bb- /y / _ 11 "1 HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL bis V = ARG 1 - - - _ TOPSOIL 2' Z 4 9 A = AREA OF TRIBUTARY (S.F.) 1 +' i 1 0.5' 1 ��0" / W^ I SURVEYS COMPLETED FEB.08,2006 AND THAT ALL 1:TE .ale R = RAINFALL (FT.) LOAM 0 qk .p 61 MONUMENTS SHOWN THUS: • ACTUALLY EXIST-. TH(E'IR ` pn O = COEFFICIENT OF RUNOFF 1 II4 I _ _ _ n�ry ml I POSITIONS ARE CORRECTLY SHOWN AND AL. ,L,IM N$IONAL 1 ,`� a ¢` 1 RIM=3400 /NT " O„ / 9RILx MEDIUM 3D �/' 9� p� 1 AND GEODETIC DETAILS ARE CORRECTg�b� 11 � , Iz + �IYU 162. 9 SAND FINE 1 d \ (SF) SAME SO LCB LO 1 11 GRAVEL {orinerly R REQUIRED VOLUME 1 ,� e 18.0• nOW °r otrone 2P5 L.F. OF DRIVEWAY 6 16' WIDE = 4,'!68 S.F. Von G -�1 1 HOWARD W. YOUNG, N.Y.S L5 NO. 45Bg3 G 4,'168 S.F. x 2/12 x 0.30 = 238 G F. 1 ' 1 )C)CJ/�\ / bW EL=0.6' 300' _" _ 1 .. . -JI A T d� // + / + ,/ _v J § ErsorvN 1 _ _ -" R OrY� 1 c�tnOtrO 11 ag� PROVIDED VOLUME �" GpE95 1 WATER IN ery USE POOL 10' DIA. x 4' DEEP = 274 GF 1 EASEMEN ,5�1 / / W FINE TO Or 1 6' / I + ,��,_ + ., COARSE n00tr0 $ G=111= z 11 =aagy 2s / BAD d gin _NI OWNER ¢ °e I + ,: / E / - rswl 121Gh� 1 D�1 1 ARIE5, LLG c/o SHAWN TULLY 54 REQUIRED VOLUME 1 1 / OPEN SPS+' + A0`�1 1 555 WEST 23RD. STREET €MM 365 L.F. OF DRIVEWAY @ 16' WIDE = 6,160 S.F. 1 '� I / pRE O B6D' APT. 55K 6,160 O 1 1 b 2 S.F. x 2/12 x 0.50 = 308 CF. TOCP ATT 1 1 1 1 NEW YORK, NEW YORK 10011 g PROVIDED VOLUME 11 1 W �'i I / �1 + m ,G I,Ot q 1 1 USE I POOL lo' DIA. x 5DEEP = 342 C. LGB 3.0 5U5PI /1510N MAP A REQUIRED VOLUME 't 512 L.F. OF DRIVEWAY ® 16' WIDE B,Ig2 S.F. 1' ,y 1 // O / m / AU Exl° TA6LE OF AREAS 0 o _ � 1 � 1 11 5HANN TULLY J�-_ N 8,Ig2 5F. x 2/12 x 0.50 = 410 GF ``\ _ / / 4/ P \(9 O c �' -ERE LOB 2.0 ''.>;i,1 / / + / 1 {J RIM-33.00 HSME / 1 LOT TOTAL LOT BWFF a BEACH OPEN SPADE COMMON DRIVEWAY &IILDABLE -1 1 A ES^E PROVIDED VOLUME po5E ( LgIS .o NUMBER nREA AREA AREA EASEMENT AREA AREA At East Marlon, Town of Southold 3neo USE I POOL 10' DIA. x 6' DEEP = 411 G.F `\ P,r�F AY I R1M=27.00 00 1 \�1 R1(71't oT 2 �, �L. '�,� + ( +_ ,'. 4f:�' 51661 ALRE5 03855 ACRE 1.6099 ALRE5 OD405 ACRE 1.5918 ACRES �5 ` a H1 11 I Suffolk County, New York LOB 4.0 I FO{Z L "G.{ '1'f';1 \\ 4 O 1,6151 ACRES 0.4°15 ACRE Heel ACRES °.866°ACRE 1.1510 ACRES O"6 yOt V 1 „` GE R=,3ffi.00' REQUIRED VOLUME _ Z EMER 55 + STI I \ N1O°s . . T°Tu5 '_ ` 1 1 County Tax Map o,:oN°t 1000 s°°n°° 22 91-1, 5 L°I 2 eM`C' 1 O A�,OE p; L=50:6'7' \ dk _ _ ,., IIA418 ACRES 01666 ACRE 64659 ACRE CAC65 ACRE 936]5 ACRE 3 330 L.F. OF DRIVEWAY 0 I6' WIDE = 5�Bo S.F. ,1 \ \ } /,, I 1 G"ij 5,280 5.F. x 2/12 x 0.50 = 264 G F. 1 m '� V �" i 16 W I Y ° _ _S54'541 '_E =�- / 6 . 5� O o �1 lP � 1 c FINAL ROAD 8 DRAINAG)= PLAN p + . . _ _ q y2 - � v USE I POOL lO DIA. x 4' f� NO N84 54'oa" _ ; 58'1"40,W 1 11 \' 5 5, 290 LOT I CLEARING AREA = 1.5918 AG. x 45560 x 0 55 = 25354 5.F 0- no 1 II PROVIDED VOLUME 54'00" DEEP - 214 G. 63 - I'. 1 4' 210.60 eta ext ° orm y °Fl= 11 g1q 46'50"W 1 W N y8-1°48'3 no Ann Campbeetl9 LOT 2 CLEARING AREA = "1510 x 43560 x 035 = 26.6-16 5F Lpt II C 1 - - _ Lot 21 I rmerl9 ' Martha V. Sorem 1 Map °f ods" I no" or 5matra R 1 5tephante �� �I] �I set 5 JI 1 1 Ill i , �ALI 04, 2011 "§ 5oundcrLtion� Rchard lnatra AUG - g 2011 sEF. 2q, 2010 3j qq �` C= 100 O 50 100 200 I I 5061 5315 1 LOt lO ' 1 1 MAP PREPARED 1 - - -- JGN, 25, 2010 Ftle H1ghp An,No d005 I 1�1 1 11 Joe NO. 200l l I, -- ' OF 2 ❑= MONUMENT SET ■= MONUMENT FWND Q= STAKE SET �= STAKE FOUND 1 I °e r'o. F\le 1 DWG. 2006_0o53_frd I Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard W. Young, Land Surveyor N Thomas C. Wolpert, Professional Engineer Robert C. Tast, Architect Douglas E. Adams, Professional Engineer LONr::7 SLAND SOJND W E S ENGINEER'S CERTIFICATION " I HEREEY CERTIFY THAT THE WATER SUPPLY(5) AND/OR SEWAGE DISPOSAL 5Y5TEM(5) FOR TH15 PROJECT WERE Ga DE516NED BY ME OR UNDER MY DIRECTION. BASED UPON A _pm= CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND E GROUNDWATER CONDITION5, ALL LOTS, A5 PROP.O £:�� CONFORM TO THE SUFFOLK COUNTY DEPARTM OF SERVICES CONSTRUCTION STANDARDS IN EF, GT AS OF THISt, o.r=< DATE. 3E � HOWARD W. YOUNG, N.Y 5. L5. NO. 45695n THOMAS THOMAS G WOLFERT, N Y 5 P E NO 61483 ./.i V DOUGLA5 E. ADAMS, N.Y.S. PP NO. 8089T - za 33=d SURVEYOR'S CERTIFICATION Vg "I HEREBY CERTIFY THAT ALL LOT5 SHOWN ON THIS PLATi8 COMPLY WITH THE EUILDIN6 ZONE ORDINANCE OF THE TOWN OF e< � SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 276 ~'8�� OF THE N.Y5. TOWN LAW E ARTICLE XVIII OF THE CODE OF THE dE TOWN OF SOUTHOLD." ios9 i "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL €� .�.� SURVEYS COMPLETED FEBAND THAT ALL - T€ w AC7JA 5 MONUMENTS SHOWN THUS ACTUALLY EXIST 'THEIR. g POSITIONS ARE CORRECTLY SHOWN ANDA PI f"NSIDN,4l,,' 3 AND GEODETIC DETAILS ARE GORREGT." HOWARD W. YOUN6, NY.5 L.S. NO 45893 , `W § N ARIE5, LLG c/o SHAWN TULLY - \ ^ 535 WEST 23RD. STREET APT. R0.55r, b e NEW YORK, NEW YORK 10011 SUBDIVISION MAP e4 \ 5HANN TULLYr w At East Marlon, Town of Southold §=�� Suffolk County, New York -� County Tax Map oiwi.t 1000 suss. 22 BI-k 5 Uat 2 i W9 E-- FINAL ROAD 4 DRAINAGE PLAN l AUG — g 2011 AUS. 01, 2011 - -- SEP. 29, 2010 =s3 q � MAP PREPARED � JUN. 25, 2010 k --� _� SCALE: A5 SHOWN 10 O 5 10 20 JOB NO. 2006-0033 OF 2 DWG. 2006_00332rd SCALE: I"=10' t CHARLEB R.CUDDY ATTORNEY AT T,AT 445 GRTFPING AV1i1V[.IE RIVERHEAn,NE-T YORK Mailing-ARKq ss TE T-, (631)369-$ JO P 0.$ F&X (631)369-( Riverhead, ,NNY Y 11901 F-Ytmih char)ea.eucicly0qveriyon net October 27,2011 VIA FACSIMILE-(631) 765-3136 Heather Lanza,Planning Director Southold Town Planning Department l� 10 V � PO Box 1179 Southold,New Yorlc 11971 $ 2011n RE: Aries Estates Standard Subdivision Southold Dear Ms. Lanza: It is my understanding that the Board will not approve a 10 ft, right of way. Since the applicant has complied with all other requirements, I request that subdivision approval (there has been a final hearing) be held open Y» order for the applicant to be in a position to present an access that will satisfythe Board's concern.This request,Linder the circumstances,would appear fundamentally fair. I,f there is any problem with it, please place this matter on the Board's agenda for discussion and notify me of the date and time. Very truly yours, 0-," le. " Charles R. Cuddy CRCR MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF SO�/jyD P.O.Box 1179 MARTIN H.SIDOR ,`O l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JAMES H.RICH III ly�'� �`C. (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSHI U , Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 24, 2011 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Dear Mr. Cuddy: Re: Shawn Tully/Aries Estates Standard Subdivision. S.C.T.M. 1000-22-3-2 The Planning Board has reviewed your second request to approve the subdivision application referenced above with two different access points, Lot 2 from Stars Road, and Lot 1 from Kayleigh's Court and across the 10' wide access easement. The proposal includes providing emergency access to Lot 1 from Stars Road. The Planning Board remains firmly committed to requiring that both lots have clear title to an access that is a minimum of 15 feet wide, pursuant to Town Code §280-109, and Town Law §280-a. The most recent plans received on August 9, 2011 do not meet this requirement. To proceed with this subdivision application, the applicant is required to submit a plan that demonstrates that both lots have existing clear title to an access that is a minimum of 15 feet wide along its entire length. The Planning Board will not reconsider this decision. Further, the Preliminary Plat Approval granted on June 14th, 2010 has now expired beyond the point where it can be extended (pursuant to Southold Town Code §240-19 G.). To continue this application, the Preliminary Plat application must be re-submitted along with the required fees, and with a plan that meets the above requirement for access to the proposed lots. Please call with any questions. Sincerely, /�" Martin Sidor, Chairman �AT AS CHARDS R.CUDDY ATTORNEY AT LAW 445 GRIFFINGAVENUE RIVERHEAD,NEW YORK Mailing;Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: eharles.euddy@verizon.net September 21, 2011 l -- Martin H. Sidor; Chairperson Town of Southold Planning Board PO Box 1179 ! Southold,NY 11971 ' ' - Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully - I SCTM#1000-22-3-2 I Dear Members of the Planning Board: Initially I am writing to advise that The Town Code requires access, not title as suggested in the Boards letter of August 24,2011. In its rejection of the Tully application on one ground the Board, I submit,ignores logic,the history of the application,and experience.After 5 years and a full review an applicant's property rights are severely compromised.The application and maps never changed, but the Board's disposition did. I Logically without subdivision,the applicant has and will continue to use the access from Kayleigh's Court which services the site and the home located on it.This access has been used by owners of the site for more than 40 years. Access is by a deeded 10 foot easement combined with an actual used right of way of an additional 15 feet. Historically this Board, in reviewing this application,has proceeded as follows: a)accented the application and requested the applicant throughout 2006 to 2007 to expend time and money to secure fire department approval,which was granted in April 2008; b) received letter of non jurisdiction from Town Trustees in April 2008; c) granted sketch plan approval on May 19, 2008; d)received DEC approval in January 2009, also incorporating archeological survey; e) received prints noting health department approval in October 2009; f) accepted open space covenants and an Erosion Mitigation Plan in April 2010; g) granted preliminary approval on June 14, 2010; h) closed the final hearing in October 2010, and then questioned access to this 2 lot subdivision. Members of the Planning Board Page 2 September 21, 2011 The experience of the Town in issuing building permits for residential construction on narrow single lane roads is virtually known to everyone. Examples readily come to mind Hyatt Road, Southold, Windward Road, Orient Point,Paradise Point in Southold, Camp Mineola,Mattituck. Some of the "access roads" do not even appear on tax maps, others purport to be 15 or 16 feet in width but are single lane access.My own driveway and that of many others in Southold Town is 250 feet in length. It is less than 10 feet in width. There is no other access to my home, which is on a steep upward grade. Delivery trucks regularly access this site, as do family and guests. The Town Code does not require ownership-only access. Mr. Tully after a 5 year review is told at the very end of the process that his last 100 ft. does not comport to Town requirements. On 11 acres he is developing 2 lots,on 22 acres he will have 3 lots. To deny development of his site where there is separate and meaningful access to each lot effectively prevents even minimum development. Safety and emergency access is not an issue.What is in issue is access to-an owner's property-the very same access that is now used. The Board should reconsider. Form should not govern substance. After 5 years, logic, history, experience and fundamental fairness dictates that the combined emergency access and singular use of a lot entrance by its residents should be approved. Very truly yours, al" /e a4�r Charles R. Cuddy CRC/ik Enc. MAILING ADDRESS: PLANNING BOARD MEMBERS ��OF soUjyoP.O.Box 1179 MARTIN H.SIDOR ,`O �® Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS �O@ 54375 State Route 25 JAMES H.RICH III ���, (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI 'rout I,�� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 24, 2011 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Dear Mr. Cuddy: Re: Shawn Tully/Aries Estates Standard Subdivision. S.C.T.M. 1000-22-3-2 The Planning Board ^has ,reviewed your._recent proposal, submitted August 9, 2011, that the two lots in this application be served by two different access points, Lot 2 from Stars Road, and Lot 1 from Kayleigh's Court and across the 10' wide access easement. The proposal included providing emergency access to Lot 1 from Stars Road. The Planning Board has found that both lots must have clear title to an access that is a minimum of 15 feet wide, pursuant to Town Code §280-109, and Town Law §280-a. The plans received on August 9, 2011 do not meet this requirement. To proceed with this subdivision application, the applicant is required to submit a plan that demonstrates that both lots have existing clear title to an access that is a minimum of 15 feet wide along its entire length. Kindly inform us of your intention to proceed within thirty (30) days. Please call with any questions. Sincerely, ,--Zvr,-W I Martin Sidor, Chairman CHARLES R.CUDDY W ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 PAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 8, 2011 1 Mark Terry, Town Planner �(� C 1J !F1 Southold Town Planning Department ' � I PO Box 1179 'gg � Southold, New York 11971 16 AUG - 9 2011 '1 RE: Aries Estates Standard Subdivision Southold Town Pianning Board Dear Mr. Terry: We are enclosing six (6) prints of the subdivision map amended to indicate a 15 ' wide right of way from Stars Road to Lot 2 together with two (2) sets of the Final Road & Drainage Plan both dated August 4, 2011 . Please place this matter on the agenda for an August 29th work session so this may be discussed and resolved. Very truly yours, 4�� Charles R. Cuddy CRC: ik Enclosure WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 27, 2011 4:00 p.m. Applications Project name: {Ar ei s Esfafes/T6IIy SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from Ka lei h's Court in East Marion Description: Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. Status: Conditional Preliminary Approval Action: Applicant to present an alternative proposal for access. Attachments: None Project name: Winston, Eve SCTM#: 1000-105-1-4 Location: 3450 Private Road#13,-Mattituck Description: Standard Subdivision of a 5.58 acre parcel into two lots, where Lot 1= 1.84 acres (80,003 s.f.) and Lot 2 = 3.7 acres (163,044 s.f.) in the R-80 Zoning District. Status: Pendin Action: Consider whether ready for Sketch Plan determination. Attachments: Staff Report Project name: Lieb Vines, LLC SCTM#: 1000-83-3-2.2 Location: 222' +/- east of Cox Lane & Oregon Road, Cutcho ue Description: This Site Plan is for the proposed conversion of an existing 5,569 s.f. agricultural storage building to a wine-tasting room and dry storage building, and includes a 10,427 s.f. bluestone parking lot and a 1,440 s.f. brick patio. Status: Pendin Action: Review comments. Attachments: StaffReport Project name: Sherwood House Vine ardsSCTM#: 1000-100-4-5.3 Location: 2600 Oregon Road, Mattituck Description: This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other at 706 s.f., for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. Status: Pend'n Action: ( Review comments. Attachments: Staff Report Lanza, Heather From: Lanza, Heather Sent: Tuesday, June 07, 20114:16 PM To: Bill Cremers(billcre@optonline.net); Don Wilcenski (don@briarcliffsod.com); James Rich (JamesRich3@optonline.net); Kenneth Edwards (E-mail); Martin Sidor(E-mail) Cc: Terry, Mark; Sabatino, Alyxandra K.; Cummings, Brian A. Subject: FW: Aries Estates subdivision FYI—I sent this response to Charles after speaking with Martin S about this application. Charles has been calling him directly as you may know with some other ideas about this subdivision's access.Charles then sent me an e-mail(see below)asking to be scheduled for a work session. From: Lanza, Heather Sent: Tuesday, June 07, 20114:14 PM To: 'Charles Cuddy' Subject: RE: Aries Estates subdivision Charles, I would like to accommodate you,however the Planning Board prefers to have discussion items submitted to them prior to scheduling a work session. Could you tell me specifically what you would like to discuss about this application?Our letter to you dated March 16`x'still stands;the Planning Board cannot process the subdivision absent the applicant providing clear title to at least 15' for the minimum access to the proposed lots. Unless your client has acquired this clear title,there doesn't seem to be any reason to schedule this for a work session. If you have an alternate proposal, please describe it in writing, and/or sketch it on a plan(a hand-drawn sketch is acceptable for the purpose of discussing a concept)and submit that to us. If the Planning Board is willing to consider it, we will schedule the application for the next available work session. Please call with any questions. Heather Lanza,AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanzaa,town.southold.ny.us From: Charles Cuddy [mailto:charles.cuddy(�bverizon.netl Sent: Tuesday, June 07, 201111:20 AM To: Lanza, Heather Subject: Aries Estates subdivision Dear Ms. Lanza: Please place the Aries Estates(Shawn Tully)subdivision on the Planning Board work session for June 13, 2011, so it may be discussed. Charles R. Cuddy 1 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 March 21, 2011 E-mail: charles.cuddy@verizpn.net Heather Lanza, AICP — �- Town Planning Director PO Box 1179 Southold, New York 11971 /1\ 4 I MAR 2 2 2011 RE: Aries Estates -Standard Subdivision l— Snutheld rovin i Dear Ms . Lanza: - Fiann;n �oar� g I am in receipt of your letter of March 16, 2011 . Supplementing my earlier correspondence, this is to assure you my client is absolutely concerned with safe access to the lots being subdivided. As you are aware the easement in question has been in existence for more than fifty years'. Mr. Tully spent the better part of a year securing fire department approval for the access running north from Kayliegh' s Court . There is no doubt that fire trucks and emergency vehicles can access the Aries Estates parcel . The subdivision map clearly shows both a ten foot- right of way and the existing driveway used by both Aries Estates parcels and the owner to ,the east . That access has been shown from the very beginning of this application more than four and one-half years ago. In order to define the issue, I also point out to you that the applicant has a right (not title) to the sixteen foot right of way running from and to Kayleigh' s Court and it is only a ninety foot stretch running west - east from the -Aries Estates parcel to the sixteen foot right of -way that is in question. For the record I reiterate that the Aries Estates parcel has use of a ten foot right of way by deed and a fifteen foot additional area. created by the practice of the parties . Very truly yours, Charles R. Cud CRC:dmc Enclosure MAILING ADDRESS: PLANNING BOARD MEMBERS �pF SO(/jP.O.Box 1179 MARTIN H.SIDOR ��� Old Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS vs y� Town Hall Annex KENNETH L.EDWARDS G � � �O 54375 State Route 25 JAMES H.RICH III DONALD J.WILCENSKI IiYCOU '� (cor.MainSouth d, NY Youngs Ave.) Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE March 16, 2011 TOWN OF SOUTHOLD Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Dear Mr. Cuddy: Re: Aries Estates Standard Subdivision. At our work session on March 14, 2011, we reviewed the information you provided in your March 2, 2011 letter regarding the applicant's property which is adjacent to the west of the subject property, and the reasons why he is reluctant to provide access to the subject parcel. While we appreciate the applicant's concern over marketability of his adjacent parcel, issues of safety--including ensuring safe access for new lots into the future--must take precedent in Planning Board decisions. The map we currently have on file with the application shows an access that is only 10 feet wide along some of its length, where the Town Code requires a minimum of 15 feet. The applicant is required to submit a plan that demonstrates that he has clear title to an access that is a minimum of 15 feet wide along its entire length to proceed with this subdivision application. If you have any questions, please feel free to call me. Sincerely, Heather Lanza, AICP Town Planning Director cc: Planning Board Members Mark Terry, Principal Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 14, 2011 4:00 p.m. 4:00 p.m. Executive Session: Assistant Town Attorney to review status of pending legal matters Applications Project name: Owen Construction I SCTM#: 1 1000-102-2-12.5 I Location: ( n/e corner of Depot_Lane_and NYS Route 25, in Cutc�ue ___ __! I Description: This site plan is for the conversion of an existing dwelling to professiona� l offices on a 20,224.28 sq. ft. parcel in the RO Zoning District. _ Status: ANaroved Pendin Inspection u _ _ Action: Review proposed sign & site visit to view sign mock-up. Attachments: i None Project named _ �1iXiies-Estated.s/TuIIk I SCTM#: 1000-22-3-2 j Location: at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: Standard subdivision of an 11.4-acre parcel into two lots, where Lot 1 = 3.7 acres, including 1.7 acres of open space, and Lot 2 = 7.1 acres, including 4.6 acres of open space, in the R-80 Zoning District. Status: I Conditional Preliminaryr Approval Action: I Review draft letter responding to applicant's recent letter.mmµ Attachments: ' draft letter& applicant's recent letter Pro'ect name: _ Battaglia, Joseph and Heidi SCTM#: 1000-53-4-44.1 &44.3 Location: c West side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold Description: 1 This is a standard s—ubdivision to subdivide 2.32 acres into two lots where Lot 1 _43,213 s.f. and Lot 2 = 57,809 s.f. in the R-40 Zoning District. _ I Status: I Conditional Preliminary Approval - Action: I Review Final Plat Application. t Attachments: ; Staff Report - Project name_ __ I Conklin0 Point EstatesSCTM#: 1000-53-4-44.1 &44.3 Location: j west side of Kerwin Boulevard, approximately 575 feet west of August Lane, in I Greenport Description: This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 14 equals 29,869 sq. ft. and the open space parcel equals 4.1 acres, excluding ! the area of wetlands. This project includes the transferring of 37,882 sq. ft. of buildable lands from SCTM#1000-53-4-44.3 onto the subject property for the purposes of establishing Wield. Status: Conditional Preliminary Approval Action: _ Review Dra_f_t ConservationEasement. Attachments: ; Hand-Out 5:30 p.m. Review Public Meeting Agenda For Discussion: ➢ Planning Board Training - set the schedule. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-82,00 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net March 2, 2011 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PC Box 1 179 Southold,,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully, ` SCTM#1000-22-3-2 Dear Ms. Sadoo: This is to confirm the information previously provided to the Planning Board:The parcel owned by Shawn Tully which has access to Stars Road is a 10-ac.parcel with a large home constructed in the middle of the parcel. It is not to be further subdivided. It is subject to a pedestrian easement from Stars Road to Long Island Sound which runs along the westerly side of the parcel. This easement p6rrriit's the owners of homes on Stars Road to walk the length of the parcel in order to access the beach and waters of Long Island Sound. To.install a second easement connecting the Aries Estates parcel to Stars Road would place two(2) easements on this parcel and greatly diminish its marketability.The prospective purchaser will then have the traffic going east and west and north and south on the parcel. This is not a prospect that appeals to a purchaser of an exclusive parcel on Long Island Sound. The'Aries Estates parcel has had at all times access from Kayleigh's Court and the proposed 2-lot subdivision of the Aries Estates parcel adds one(1)additional home with attendant vehicles over the access that'1ias-l7e iii used for iiiaiiy, m riy ycsl7s. We respectfully request that the Aries Estates subdivision be approved with its existing access. Very truly yours, Charles R. Cuddy Enna A; - jOBER;,G0 NAGE 76 �Er i 15334 0 t ;Full C 'oWA""ty.CoTmdon rI 1 jei{;pyy I; made the \ day ;nineteen hundred and I: fifty-oi e ; e#rirreri D & D TRENCHING CORP. '5 1 4 r ' y 'G ` •�wz�- a corporation or under the laws of New York ~` " having its principal place'of business at" Atlantic Avenue and Nassau Boulevard, Garden Cit' "Park N. Y =' ' y , •, party of the first part,and PHILIP DE NTCOLA, residing at 11-4th Ave., Garden City Park; 9;Y.1 party of the second part, ~r al that the party of the first part in consideration of One Dollar,lawful money ofy iiln c the United States,and other valuable consideration paid by,the patty of the second part,does hereby ant and release unto the art of the second art his heirs distributees .l Y� P y P r , ^ ",iMPkr } t and assigns forever, ,AU that certain plot, piece or parcel of land, with the buildings and �i k improvements thereon erected,situate,lying and being 4matS at East Marion, Town of I Southold, County of Suffolk and State of New York, .bounded and 'MM; I' described as follows: BEGINNING at a point on the southerly boundary line of land 's of the party of the first part, 328.33 feet westerly along said �,r southerly boundary line from the southeasterly corner of said >t L land of the party of the first part; and running thence alon� `land o£ Edwin H. Kin , 2 courses, as follows: (1) 5.69°52130`W.- 120.31 feet;' thence �2) S.87048d-30"W.-210.60 feet to a concrete monument and land of F.L.R. Francisco Estate; thence along said 'land of F.L.R.Francisco-Estate, N.11013150"1V.,-1560 feet, more or I i P Mess, to the ordinary high water mark of Long Island Sound; thence easterly along said ordinary high water mark of Long Island Sound, '?sH 4 350 feet, more or less, to other land of the party of the first x;r ..r�a•a•.` part; thence along said other land of the party of the first part, ' 5.1101915011E.-1450 feet, more or less, to the point of beginning. Containing '11.2 acres, more or less. Together with a right of way 10 feet in 'width from the southeasterly corner of the premises hereinabove described; the southerly line of said 10 foot right of way beginning at ;k the southeasterly corner of the premises hereinabove described and runninc, thence 2 courses, as follows: (1) N.69052130"E'.,- 90.35 feet; thence (2) N. 75012150"E.-88.17 feet to the westerly '`r} line of an existing right of way running southerly to the Main Road; and extending across said existing right of way to the Main Road to its easterly line. ,I a SUBJECT to an easement in,favor of the owner or owners' of the t7 premises immediately adjoining the above described premises on the k east and conveyed by the party of the first part to 'Arlindo Guibiaraes 3 , by deed bearing even date, to draw water for domestic purposes from the well now on the above described piemises=, and to lay a pipe to cavey said water fr mi said well to said pre.,iises adjoining on the t1 ; east. .s,gv0^:: Y•-•sf is 8^}:rr;.i,t�sr,•t�h.•r,;;k^-�^; �,y:;r}!a.A;•: :.s= if ;tom.s!*ti'N•Sw`'k• i ti� it >s^:i•s•w::.'... ! ��B.�I�I�`f:Jm^ . i JI - M � r - r n'�� bar' `}k. r� LIBER3266 PAGE 77 '. —L- .. e:a_ses are encumbered with the lien of certain mortgage t in ti-,e principal sutra of {5,000.00; now reduced to :1,Pectin; said 'premises and the premises adjoining ;:•cry totue east, and the party of the second part, his heirs, .-„rioutees and assigns hereby assumes payment of one-halt of the once of said principal sum and interest accruing thereon, rdin- to tine terms of said mortgage. ytNi ,,j'r4lV,1t5 n-fj ; ff IJ I F i,%�„` � Al t�ugPlEiPr with all right,title and interest of the party of the first part in and to the land r; _`;.`+;t`�` lying in the streets and roads in front of and adjoining said premises. 4; Maget4tr with the appurtenances and all the estate and rights of the party of the first part in and to§aid premises, t' ' fff{t 4ItIIg Mb to #vfl thepremisesherein granted unto the party of the second part, - R' and assigns forever. his heirs, distributees � , • Sr i, The party of the first part covenants that it 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 j” of paying the cost of the improvement and that it will apply the same first to the payment of the " cost of the improvement before using any part of the total of the same for any other purpose. i �Q.•t�iatfanr•r- ::a: _,.,-o,,t.:r ,,,.. ,.,,.,.,�.,_., ;r. - — �—. J •�J p�i LIBER 266 PAGE 78 : J ltd the party of the first part covenants as follows: >} i, Y FIRST,—That the party of the first part is seized of the said premises in fee simple,and has good right to convey the same. • SECOND.—That the part y of the second Part shall enjoy the saidPremises. , TaIRn.—That the said premises are free from incumbrances,except as aforesaid. FouRTa.—That the party of the first part will execute or procure any further necessary a assurance of the title to said premises. FIFI•E.—That the party of the first part will forever warrant the title to said premises. tifw, 7� yp� In Wittt eill 04MVf, the party of the first part has caused its corporate seal to be hereunto affixed and these presents to be signed by its duly authorized officer the day and year first above written. , „3 D & D TRENCHING CAR P. Corporate Seal By a•K ' ,; (' N,A, Alqe- reside to Philip e Nico ' ;sem 1 r�,- t Frry STATE OF NEW YORK ss COUNTY OF Nassau 4, On this S day o ,in the year nineteen hundred and .,r^ fifty-one ,before me per pallycame ANGELO PE N,ZCOLA to known,wfjg l�hlge duly sworn,did depose and-say that-='=-he resides (� ,/ %/uJ ;�I that he is the Vice President d P ,? of D Pc ll Trenching Corp. � the corporation ,a described in and which executed the above instrument;that he knows the corporate,seal of said. ` corporation;that the seal affixed to said instrument is such c orate seal;that it was so affixed by order of the Board of Directors of said corposatfoq,and at a signed h i name therby eto Mike order. ''` 'fiTc4'�9���d8os.srvlxJ`'°4ork a` . ,,jC 11{xd in� .n Cra1Ot9 ., �J,rsv rPirer\1.,7CU,W,IU;1^+ L y ,a, s N,!.3t::•,.,-r'�"+,�'J,.•u7sv�cM';�: y,;,��S t3(',',tSf4 Y•} ` i rl "l• wa• `.ESS +t' ?��� � ��[£�Pa r \ �t f a X91, :3266 PAGE 79 .^ N " na d has YoRi•: ) .-ASSALi ) SS: 1y51 , before �> On the day of sarYT r rs:c1.lly came tHILIP DE 11IOOLA to me lcnotivn, and known to 1118 she individual described in, and who executed.the foregoing a_ instr:unent, and Ile acknowled;,ed to me tLat he executodd the same. catr cif Notary Public put sot—!New Y n.. 3l ta^ • ;: ; :;;' r u•,.,lifir,;n•�,a`sau Coca 6W. 71 'fern, vwt,l•.1 ach is r ;i y 'r• FF-�11 �'s�s �p 'F,5 .� � •��"j a 1�i1'.�"7',9�,: �4"'" t. r '"-�'(��." '?;'.+Y "'�� i - t RECORDED u �SEP 19 1951 o G 20�o R,FORD HJGHCS $ o W x GLOW OF SUFFOLK C-CN:�P1- V —i C) U. 4 WLn u" s V: t 00266 Pac�6 :yr- i 533.7 0 'S ' y'Corpond .S; ,Full CN -wattant .y f ren'.a.Y.3.� # made the day y ;nineteen hundred and fifty—ones^ + , F1'pYL D & D TRENCHING CORP. tid , 5 kI " off ( f i a i'��'•it''Fa Y,r x�^•• a corporation o;ganized,unde[the laws of 1QeW York having I!Li al lace'of business at suing its pr P P Atlantic Avenue and Nassau Boulevard, ,;,F $ Garden Cit'y'PArk, 1 . Y., party of the&st,part,and " Y R PHILIP 3)E NICOLA, residing at 11-4th Ave., Garden Cit Park" 1I `Y. a party of the second part,�X' f r �• t#ri� �# , that the party of the first part in consideration of One Dollar,lawful money of 1 % • the United States,and other valuable consideration paid by,the part y of the second part,does - `� �: _ _.• hereby grant and release unto the part y of the second part, his heirs, distributees and assigns forever, .All that certain plot, piece or parcel',of land, with the buildings and s' it s' atmProvements thereon erected,situate,lying and being at East Marion, Town 0£ I ?` Southold County of Suffolk and State of New York bounded and >"<i"k described as follows: ; s ' IA BEGINNING �a. W »rBEGINNING at a point on the southerly boundary lineof land of the party of the first part, 328.33 feet westerly along said "I --southerly � boundaryline from the southeasterlycorner of said ' �land of the party of the first part; and running hent a on thence 1 II; Y land of Edwin H. Kin , 2 courses, as follows: (1) S.,69052130111W.- I a u 120.31 feet; thence �2) S.87048,1.301'W.-210.60 feet to a concrete monument and land of F.L.R. Francisco Estate; thence along said $`land of F.L.R.Prancisco-Estate, N.1101W5011 -1560 feet, more or less, to the ordinary high water mark of Long Island Sound; thence s� easterly along said ordinary hi' h water mark of Long •Island Sound, I r ;. 350 feet, more or less, to other land of the party of the first part; thence along said other land of the party of the first part, w? S.1101915011E.-1450 feet, more or less, to the point of beginning. Containing 11.2 acres more or less. I Together with a right way 10 feet in width from the g g y southeasterly corner of the premises hereinabove described; =x the southerly line of said 10 foot right of way beginning at ,; the southeasterly corner of the premises hereinabove described F; and runninr thence 2 courses as follows: (1) N.69052130"E.- s`• i 90.36 feet; thence (2) N. 75 12 50 E.-88.17 feet to the westerly I line of an existing right of way running southerly to the Main Road; and extending across said existinZ; right of way to the Main Road to its easterly line. SUBJECT to an easement in.favor of the owner or owners' of the lye premises immediately adjoining the above described premises on the N east and conveyed• by the party of the first part to 'Arlindo "Guikaraes _3 by deed bearing even date, to draw water for domestic purposes from the well now on the above described ,A-emises'. and to lay a pipe to carry said water frim said well to said pre.uises adjoining on .the east. :, u •1Y :i•lstSt•;,, b'•'.c^c•'tgt-:T'i.•`•'- n.,;a•py,_. -.. - -_ k'i,'p"�s}:�'��''+"t"r;"=�ltR,�'°k:,tS.11"'".,^''r�I:y' •Sk,'Rtii.(m-fa5.�»•v"r'q"t4'`ti•.tt^vu'�4t•<t^v,,"..,•,,,�}'t^iF'lx3•tt�c;r'`**•''i5`4��,,p7a��';`»� :"',���'!,��- .'�5�•:;'NS Ei0.'ii""'�:„.t. •H°ai;� _,.c-ka�1:it�.,•jjyN'tt.;yr',:a3�s�EYvp 04% ' z y tS.Z. `i:_SY�yy•,".."..+=+'. .7 {a" LIBER3266 PAGE 77 -,re:n_ses are enciunbered with the lien of certain mortgage in the principal sum of y�5,000.00; now reduced to a'fectinL; said 'premises and the premises adjoining ?a = e;,o tothe east, and the party of the second part, his heirs, ,.N, _��rioutees and assigns hereby assumes payment of one-half of the " "1 -nce of said principal sum and interest accruing thereon, n,, ^ rJin' to the terms of said mortgage. „wO°�'; . 'q '� i ,. ° l i XF4' U Pt4Px with all right,title and interest of the party of the first part in and to the land lying in the streets and roads in front of and adjoining said premises. gppt4pY with the appurtenances and all the estate and rights of the party of the first part ' in and to said premises, 4dVt pb tV 4olb the premises herein granted unto the party ,of the second part, G.,ar,F his heirs, distributees and assigns forever. t M117 , The party of the first part covenants that it 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 that it will apply the same first to the payment of the »q•.�j cost of the improvement before using any part of the total of the same for any other purpose. 4` — ! Y.'tiµa, J;d. X266 PAGE 78 rid the party of the first part covenants as follows: , ,:i.� . FIRST,—That the party of the first part is seized of the said premises in fee simple,and has 'a .,,;x good right to convey the same. SEcoxn.—That the part y of the second part shall quietly enjoy the said premises. THIRD.—Thai the said premises are free from incumbrances,except as aforesaid. $ y tk SY FovRTa.—That the party of the first part will execute or procure any further necessary „!..• assurance of the tftle to said premises. FiFTa.—That the party of the first part will forever warrant the title to said premises: gAe'4a '; the party of the first part has caused its corporate seal to be hereunto affixed and these presents to be signed by its duly authorized officer the day and year first above written. D & D TRENCHING CARP- ;° 1{�tCV Corporate Seal By > h Vi - reside t _ F r n ; 1!, 11 A t.. Philip e Nico .\1t -'''fiYJ,nTu �^t ?Y STATE OF NEW YORK ) ' I COUNTY OF Nassaur On this JruG day,o ,in the year nineEeen hundred and fifty-one ,before me per pally came ANGELO DE NICOLA to known,wlp,b�in�c duly sworn,did depose and-say4hat--4'-hd-resides (, ^/J ;that he is the Vice President I' of D & D Trenching Corp. the corporation described in and which executed the above instrument;that he knows the corporate,seal of said. rt corporation;that the seal affixed to said instrument is such c orate seal-,that it was'so affixed by order of the Board of Directors of said corporation,and at a signed h iA name thereto by "+ #like order. I, C!, J t: . . .• �� �CEJ ��� `�;�4 'z 'VT yaw 4 ��C 4Grd in ..o• .^cntnty �, .. rl�rru clnree•Ai..tcu,fit,I05A t 4 1 Y .1+. "ti+xt, .•m ! y nz r..• 711`,„;; w ,,q."-(a^kf -4 , 17�s��' �3 s+aF�y:'�t,F, a �: Fc .tn.�•, ,, 1.•s"�F,�i �3�%" r•�:�,s;,.,r; '^�j"•'•�� ,, 'ir�;���-Li ,{�� ��+5 :!�� +�' i• �t � X141; r-� �``•y;:Ft^" �;,F,6.�",:{1�r=•iii- �:� .�FJfP" Fu[�.�F r.�*At d}ttt'�j,'�y 1`^� t^txSd' �?J� }�i� •�n: `!�.j+4� r. n.°,}:'t�1C.��.'T..§��-� *�{,`4;{,.,%`'�ig�rx'6F);'�'F;z.-�l�"ia.,��: {r�.�»1'a,�Y�,'hn "'y,,.'�+, ,'��Ip�.,' �d§ �t'1''�° y I[;' t 'i"7.'.; �:�:..1!. '3L ••h>�h:"v=�`-�:&5��+'�.:ua�:=� `t+ ,`+�r,���".�y,'�'.:���``a:�'C:n:.r,S�q Z''^1,�;t kC;<i^P�"a4,.!"1.'',-3: ^�`� R _f:;,��:�!:� ;:..J� �-Iri!�.-�y 'y �a:4e�..;.�•�:c. = �;..+.<-:�. �;� _m�. r _�-<,;,. - :3•°� ups. , ,,��; •r:'o � `"'`• ���t �" €��a ,� -t�- : .lr t r �l' s�� •� `�t IR�� iia� i;,��tq�ah�,��: �'+=��'., .�i{itid�,'�4���f��t�i���j{1�t�;�+��i.�����..� -°� '�-•_ / \ ` " ' ' I 13LI 3266 PAGE 79 d has before 0 the and known t 0 Die t ti-ie individual described ill, and jvho executed -the foregoing e executed the salue and he acknowledged to me tLat h I to ear Notary Public MSCO county Inil 17-t-_-R�p T. Ram- llslmy.,ho� , 1W, to win lie W-R,50 WN, q MRAL NZ �Mml MEN REJ RDEU8 SEP 19 1951 zV R, FORD HUOHES 5-4 wj .V DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of ,2011,by Aries Estates,LLC �/ a aNew York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011,hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at t� East Marion,Town of Southold,County of Suffolk,State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application;and WHEREAS,for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within the standard Subdivision Map of Shawn Tully dated September 29,20 10,which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, Page 1 of 4 i I ' y their heirs, executors,legal representatives,distributees,successors,and assigns,to wit: 1. The owner of lot 1 as shown anthe subdivision map to be filed with the Suffolk County Clerk shall have an easement for ingress and egress as well as for utilities over that area designated as access driveway,the description of which is annexed hereto as Schedule B. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot. Maintenance includes but is not limited to repairing with fill,clearing and snow plowing. In addition the right of way having its width up to 16 feet from the subdivision easterly line to Kayleigh's Court shall be kept open for emergency vehicles by trimming overgrowth. This shall include but not be limited to the described right of way and the use of right of way across the adjoining parcel to the east of the subdivided parcel. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map,in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 6. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns,in the area north of the driveway terminus, as shown on the standard Subdivision Map of Shawn Tully dated September 29,2010 for a distance of 160 feet from the northerly line of the driveway. 7. Pursuant to Chapter 236 Stormwater,Grading and Drainage Control Law of the Southold Town Code,all stormwater shall be retained onsite. 8. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01)administrated by the New York State Department of Environmental Conservation under Phase 1I State Pollutant Discharge Elimination Page 2 of 4 u ' J System(SPDES)Program. 9. By this Declaration,future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise,dust and odors normally associated with agricultural activities pursuant to Article XXII,Farmland Bill of Rights,of the Southold Town Code. 10. All utilities must be located underground. 11. Pervious driveways and the access right of way designated as"common driveway easement"shall be used to serve each of the lots on the approved subdivision map. 12. Structures with impervious materials shall control and retain surface water run-off through the use of gutters,leaders and subsurface drywells as required by Chapter 236 of the Southold Town Code. 13. Landscaping on Lots 1 and 2 shall include native,disease-resistant and drought- tolerant plants. 14.Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity.Permitted activities within the buffer are limited to the removal of dead,diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization ondisturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications"subject to review and approval of the Southold Town Planning Board and Southold Town Trustees.The construction or placement of structures is prohibited.The clearing of any kind is prohibited,except to maintain the"wood ramp" access over Lot 2 and a 4 foot wide unimproved path to access the beach from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns,and upon all persons or entities claiming under them,and may be terminated,revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section,subsection,paragraph,clause,phrase or provision of these covenants Page 3 of 4 and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid,or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold,State of New York,by injunctive relief or by any other remedy in equity or at law.The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. The within Declaration is made subject to the provisions of all laws required by Iaw 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,terminated,revoked,or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors,after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates,LLC By: Shawn Tully,Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public Page 4 of 4 SCHEDULE ",A" ALL that certain plot,piece or parcel of land,situate,lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York,being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the 1. following thirteen courses and distances from a monument set at the extreme northeasterly point 4 of Kayleigh's Court; ` 1. North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 1 I degrees 40 minutes 00 seconds West 196.87 feet; iI 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; j 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; i 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 1 - 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; I RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; I continued ......... Schedule RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a I monument; RUNNING THENCE along the land now or formerly of Shawn P.Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8,2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D.Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. 3 i � o , SCHEDULE B January 25, 2011 Shawn Tully at East Marion, Town of Southold Suffolk County, New York Surveyor's Description - Access Easement ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as an Access Easement, as shown on Subdivision Map, "Shawn Tully, more particularly bounded and described as follows: BEGINNING at a point at the southwesterly corner of land now or formerly Patricia D. Garvey; RUNNING thence from said point of beginning South 69 deg. 52 min. 30 sec. West along land now formerly Martha Ann Campbell and Stephanie V. Seremetis 120.31 feet to a monument found and land now or formerly Camille Sinatra & Richard Sinatra; RUNNING thence South 87 deg, 48 min. 30 sec. West along land now or formerly Camille Sinatra & Rickard Sinatra 210.60 feet to a monument found and land now or formerly Shawn P. Tully; RUNNING thence North 11 deg. 13 min. 50 sec. West along land now or formerly Shawn P. Tully 965.91 feet to a point; RUNNING thence North 78 deg. 46 min. 10 sec. East through Lot 2, Subdivision Map, "Shawn Fully" 162.60 feet to Lot 1, Subdivision Map, "Shawn Tully"; RUNNING thence through Lot 1, Subdivision Map, "Shawn Tully" the following four (4) courses and distances: 1. North 78 deg. 46 min. 10 sec. East 45.00 feet, 2. South 11 deg. 16 min. 42 sec. East 25.00 feet, 3. On the are of a curve to the left having a radius of 32.50 feet for a distance of 51.00 feet, 4. South 78 deg. 46 min. 10 sec. West 12.50 feet to Lot 2, Subdivision Map, "Shawn Tully"; Page 2 January 25, 2011 RUNNING thence through Lot 2, Subdivision Map, "Shawn'fully" the following eight (8) courses and distances: I. South 78 deg. 46 min. 10 sec. West 12.50 feet 2. On the arc of a curve to the left having a radius of 32.50 feet for a distance of 51.05 feet, 3. South 78 deg. 46 xnin. 10 sec. 'West S6.62 feet, 4. On the arc of a curve to the )eft having a radius of 36.00 feet for a distance of 56.55 feet, S. South 11 deg. 13 min. 50 sec. East 852.85 feet, 6. On the arc of a curve to the left having a radius of 36.00 feet for a distance of 50.87 feet, 7. North 87 deg. 48 min. 30 sec. East 158.54 feet, 8. North 57 deg. 50 nein. 44 sec. East 122.96 feet to land now or formerly Patricia D. Garvey; RUNNING thence South 11 deg. 19 min. 50 sec. East along land now or formerly Patricia D. Garvey 50.00 feet to the point or place of Beginning. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, February 14, 2011 4:00 p.m. 4:00 p.m. Applications Project name: Metro PCS @ Southold'Police SCTM#: 1000-75-5-14.1 Station Location: Southold Police Station, 165 Peconic Lane, Peconic Description: This application is to affix a wireless antenna to an existing lattice tower and install related equipment at the premises located on a 12.27 acre parcel west of Peconic Lane in the R-80 Zoning District. Status: Approved Site Plan Pending Final Inspection Action: Request for Final Inspection Attachments: Draft Letter Project name: Seifert Construction CoEp. TSCTM#--J1000-141-3-44 Location: 11780 Sound Avenue, in Mattituck Description: This proposed site plan is for construction of a new building 3,965 sq. ft. (38'x78' plus a 38' x 6' porch overhang) with approximately 2,191 sq. ft. of warehouse, 773 sq. ft. of display area, 228 sq. ft. of porch and 773 sq. ft. of second floor office to be used as an office, warehouse/custom cabinet workshop on a 11,517.67 sq. ft. parcel in the LI Zone located approximately 520'w/o Pacific Street on the s/s/o Sound Avenue. Status: Approved Site Plan Pending Final Inspection Action: Request for Final Inspection Attachments: None Project name: Owen Construction SCTM#: 1000-102-2-12.5 Location: n/e corner of Depot Lane and NYS Route 25, in Cutchogue Description: This site plan is for the conversion of an existing dwelling to professional offices on a 20,224.28 sq. ft. parcel in the RO Zoning District. Status: Approved Pending Inspection Action: Request to amend their site plan to add a sign. Attachments: None Project name: cAries=Estates/TuI1-ya SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from Ka lei h's Court in East Marion Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 = 3.7667 acres, including 1.7229 acres of open space, and Lot 2 = 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. Status: Conditional Prelimina Approval Action: Applicant requests to address Planning Board to advise of my discussions with title companies and present the original deed into Mr. Tully's predecessor in title. Attachments: None CHARLES R.CUDDY AI"TORNEY AT LAT 445 GRJ PPINCI AVENUE RIVERBEA1),NEW YORK Mailin Address: T-~L: (631)369-82ax) P.O.Box 154+7 FAX: (6il)369.9w RiverlwaJ,NY 11901 E-mail: charles.ouddy@verizon.net January 11, 2011 Ms. Tamara Sadao, Planner Town of Southold Planning Department PO Box 1179 E Southold., NY 11971 .,:, ^,pard Rei: Proposed Standard Subdivision of Aries rJtateS/Wia4n-"fU ly SCTM#1000-22-3-2 Dear Ms . Sadoo: I wanted to confirm to you that the title to the land underlaying the easement running north from layleigh' s Court is in the same ownership as the land to the east, The wetlands to the east of the right of way are partially fed by the waters from the right of way. However, both the wetlands and the easement are in the same ownership. I misstated the joint owner as the Peconic Land Trust. The Land Trust has a Conservation Easement affecting the entire area from the westerly side of the right of way and continuing east for more than 60 acres. Since, the Land Trust controls the uses, I am accustomed to calling it Land Trust property. However, title to the entire area, including the easement, or right of way, and the wetlands is in Cove Beach Estates, LLC_ t Very truly yours, ff Charles R. Cuddy CRC/ik Enc. CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, New York 11901. Tel 4631-369-8200 Fax#631-369-9080 TO: Tamara Sadoo,Town Planner Fax#: 765-3136 TEP,ECOPIER COVER SHEET Total number of pages including cover sheet: 2 If transmission is faulty or incomplete, please inform us as soon as possible. Operator-, Iwana Date: January 11,2011 Comments: Re: Subdivision-Aries Estates Please see attached letter. ---------------------—------------------—---------------__--_- ----- _-..---—-----—------------------ This fax transmission together with materials following are Intended for tlte,person or persolrs named hereon and are considered confidential information. if you have received this transmission in error,you are directed to return these materials immediately by regular mail in the sender at the above address. Postage Incurred for the return will be paid by tills firm. l P.O. Box 1179 54375 Route 25 Southold Town Southold, NY 11971 Phone:, (631) 765-1938 Board Fax: (631) 765-3136 To: Mr. Charles Cuddy From: Tamara Sadoo Fax: 631-369-9080 Pages: 5 (including cover) - - Phone: Date: January-20720"— Re: aary-26;2®9 9—Re: Draft C&Rs Tully CC: Urgent For Review Please Comment Please Reply As Requested Dear Charles, Here is a copy of the draft C&Rs for the Tully subdivision with the remaining changes handwritten onto the document. Please call with any questions. Thank you. DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of ,2010,by Aries Estates,LLC aNew York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011,hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate v at East Marion,Town of Southold,County of Suffolk, State of New York,known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application;and WHEREAS, for and in consideration of continuing subdivision approval the Planning 0 Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office;and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,k s hereby make known,admit,publish,covenant,and agree that the lots 1 and 2 within 64Subdivision Map of Shawn Tullypwhich map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal cl Page 1 of 4 r representatives,distributees,successors,and assigns,to wit: 1. The owner of lot 1 as shown an the subdivision map to be filed with the Suffolk County Clerk shall have an easement for ingress and egress as well as for utilities over that area designated as access driveway.' (V-aN'-5L- e—Q--Q- (-CD 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot.Maintenance includes but is not limited to repairing with fill,clearing and snow plowing.In addition the right of way from the subdivision easterly line to Kayleigh's Court shall be kept open for emergency vehicles by trimming overgrowth. This shall include but not limited to the described right of way and the use of right of way across the adjoining parcel to the east of the subdivided parcel. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map,in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and Bled subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 6. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns,in the area north of the driveway terminus.101D``` � C� u��—ILI - 7. Pursuant to Chapter 236 Stormwater,Grading and Drainage Control Law of"the Southold Town Code,all stormwater shall be retained onsite. 8. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase H State Pollutant Discharge Elimination System(SPDES)Program. 9. By this Declaration,future residents of the lots which comprise the subdivision Page 2 of 4 are advised that the lots may be subject to the noise,dust and odors normally associated with agricultural activities pursuant to Article XXH,Farmland Bill of Rights,of the Southold Town Code. 10. All utilities must be located underground. 11. Pervious driveways and the access right of way designated as"common driveway easement"shall be used to serve each of the lots on the approved subdivision map. 12. Structures with impervious materials shall control and retain surface water run-off through the use of gutters,leaders and subsurface drywellsy �� �� ��`' 4- 13. Landscaping on Lots 1 and 2 shall include native,disease-resistant and drought- (�O C- . tolerant plants. 14.Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity.Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications"subject to review and approval of the Southold Town Planning Board and Southold Town Trustees.The construction or placement of structures is prohibited.The clearing of any kind is prohibited,except to maintain the"wood 2 L ramp"access over Lot and 4 ft a foot wid s from Lot 1. 6R-r-�-- p ��tan '� These covenants and restrictions shall run with the land and shall be binding upon the Declarant,its successors and assigns, and upon all persons or entities claiming under them,and may be terminated,revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph,clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, Page 3 of 4 unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful,invalid,or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold,State of New York,by injunctive relief or by any other remedy in equity or at law.The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated,revoked,or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold.or its successors,after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. .Aries Estates,LLC By: Shawn Tully,Member STATE OF NEW YORK ) ss.: COUNTY OF ) On the day of in the year 2010,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me,or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. Notary Public Page 4 of 4 MAILING ADDRESS: PLANNING BOARD MEMBERS \\QF so�jy P.O. Box 1179 MARTIN H.SIDOR ®� �l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERSy Town Hall Annex KENNETH L.EDWARDS i5k ® 54375 State Route 25 JOSEPH L.TOWNSEND Ql a (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSEJ ��'®U � Southold,NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: Agus -}85 VIVI Re: Aries Estates/Tully Standard Subdivision Application Name: Aries Estates/Tully Standard Subdivision Tax Map Number: 1000-22.-3-2 Location: The property is located at the westerly terminus of a private right-of- way which extends north from Kayleigh's Court in East Marion. Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) X Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other . (AS BUILT) (Dated: ) Project Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. Additional Comments: Take a look at the engineering report Howard Young prepared per you request re: drainage on the ROW north of Kayleigh's Court. r� CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net January 11, 2011 �sEJ Ms-. Tamara Sadoo,_ Planner JAN 13 2011 Town of Southold Planning Department PO Box 1179: E _ _ -_! Southold, NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms . Sadoo: I wanted to confirm to you that the title to the land underlaying the easement running north from Kayleigh' s Court is in the same ownership as the land to the east. The wetlands to the east of the right of way are partially fed by the waters from the right of way. However, both the wetlands and the easement are in the same ownership. I misstated the joint owner as the Peconic Land Trust. The Land Trust has a Conservation Easement affecting the entire area from the westerly side of the right of way and-continuing east for more than 60 acres . Since, the Land Trust controls the uses, I am accustomed to calling it Land Trust property. However, title to the entire area, including the easement, or. right of , way, and the wetlands is in Cove Beach Estates, LLC. Very truly yours, Charles R. Cuddy CR.0/ik Enc. _ ,.J ARLES R.CY1DDY ATTORNEY AT LAS' VN��6`� 445 GRJ F'F FNG AVENUE Rf V GRHRAD,NST YORK Mailixlg c�dreRe: TF'L: (631)369-8(1 r.c.Bax 1547 E-mail: 11 11 FAX:tt(h,11)369.9 7 ( N 9 Elcharl0g.ctiJJ (n)tien;on•net RiverllCRQ, l`�� 11`S�] Y January 11, 2011 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold., NY 11971 `�, __- wn -_ <• , ;" oars Re, Proposed Standard Subdivision of dries lotates/sha"�"Tully SCTM#1000-22-3µ2 Dear Ms . Sadoo: I wanted to confirm to you that the title to the land underlaying the easement running north from Kayleigh` s Count is in the same ownership as the land to the east. The wetlands to the east of the right of way are partially fed by the waters from the right of way. However, both the wetlands and the easement are in, the same ownership. I misstated the joint owner as the Peconic Land Trust. The Land. Trust has a Conservation Easement affecting the entire area from the westerly side of the right of way and continuing east .for more than 60 acres . Since, the Land Trust controls the uses, I am accustomed to calling it Land Trust property. However, title to the entire area, including the easement, or right of way, and the wetlands is in Cove Peach Estates, LLC. Very truly yours, (1 Xy{ VJ/f Charles R. Cuddy CRC/ik En,c. CHARLES R. CUDDY Attorney at Law 445 Grifling Avenue Riverhead,New York 11901 Tel#631-369-8200 Fax#631-369-9080 TO: Tamara Sadoo,Town Planner Fax#: 765-3136 TEL ECOPIER COVER SHEET Total number of pages including cover sheet: 2 If transmission is faulty or incomplete, Please inform us as soon as possible. Operator: Iwona Date: January 11,2011 Comments: Re: Subdivision-Aries Estates Please see attached letter. -----------------------------------------------------------------------—_---------—------_---—..---------------------------------------- This fax transmission together with materials following are intended.for the person or persons named hereon and are considered confidential information. If you have received this transmission in error,you are directed to return these materials immediately by regular mail to the sender al the above address. Postage incurred for the return will be paid by this firm. Southold Town Planning Board Work Session – Page Two – January 10, 2011 Project name: _ _ ; FIDCO/Ferguson Museum/Harris I SCTTi 000-7-1-6.1, 7 & 2.10 j ! Location: , #no rivate road off of East End Road, Fishers Island _ )_p_ ____ _ Description: ; This proposed lot line change/re-subdivision will transfer a 15,145 sq. ft. portion of FIDCO Lot 38-1 (SCTM#1000-7-1-6.1) to FIDCO Lot 38-2 (SCTM#1000-7-1-7). FIDCO Lot 38-1 will decrease in size from 2.06 acres to 1.71 acres and FIDCO Lot 38-2 will increase in size from 1.62 ! acres to 1.97 acres. Further, FIDCO Lot 38-7 (SCTM#1000-7-2-10) will t transfer 11,640 sq. ft. to FIDCO Lot 38-2 (SCTM#1000-7). With this jsecond transfer, FIDCO Lot 38-2 will increase in total size from 1.62 acres to 2.24 acres. FIDCO Lot 38-7 will decrease in size from 7.51 acres to 7.24 acres in the R-120 Zoning District. Status: ; Open ! Action: ; Up-date on ZBA_ decision and refer_ application out for comment. Attachments: : Staff Report Project name: ; Aries Estates/Tully— _ __LSCTM#: 1000-22-3-2 _ Location: ; at the westerly terminus of a private right-of-way which extends north from Kayleigh's Courtin East Marion ! Description: This proposal is for a standard subdivision of an 11.4418-acre parcel I into two lots, where Lot 1 = 3.7667 acres, including 1.7229 acres o open space, and Lot 2 = 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zonin_ District. Status: ; Conditional Preliminary.Approval r Action. ; E ; Accept applicant's submission re: drainage and refer to Southold Town Engineering Inspector_ _ 1 Attachments: i None 5:30 p.m. Review Public Meeting Agenda Discussion: Fields at Mattituck - request for a 2nd road 2 4 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,"NY 11901 E-mail: charles.cuddy@verizon.net December 31, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning, Department PO Box 1179 Southold, NY 11971 Re: Proposed Standard Subdivision of Aries-Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms . Sadoo: Pursuant to the recent discussion with the Planning Board, I requested Howard Young to review the right of way from Kayleigh' s Court with respect to drainage. Enclosed is his report based on his inspection made on December - 16, 2010 . You will note that he is of the opinion that there is " no chance of significant water flooding within the subject roadway. " It should not be necessary to have any drainage structure installed. Very truly yours, Charles R. Cuddy CRC/•i k Enc. - _ -,'y 2011 Pill . , " ,,.. .--. s ,` •.,_. •. _.e+. _ .. ., c ,. �. . r gay:. :...� .-a— , Southold Town Planniri�- oard Work Session - Page Two - .;ember 13, 2010 Project name: Aries Estates/Tully 1.000-22_3-2 Location: Located at the westerly terminus of a private right-of-way which extends ; north_ from_Kayleigh's Court in East Marion_ Description: - This proposal is for a standard subdivision of an 11.4418-acre parcel j into two lots, where Lot 1 = 3.7667 acres, including 1.7229 acres of open space, and Lot 2 = 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District_ _ __ Status: - Conditional Preliminary Approval Action: I Review Town Engineering Inspector comments re: drainage and ; submission of affidavits re: usage/clearing of ROW. , Attachments: Staff Report— — _ 5:30 p.m. Review Public Meeting Agenda For Discussion: Public Hearing Packet Forms 2 CHARLES R. CUDDY -77J Attorney at Lav 445 Griffing Avenue Riverhead,NY 11901 Availing Address: Tel:(631)369-8200 PQ Box 1547 Fax:(631)369-9080 Riverhead,NY 11901 e-mail_ charles.cuddyAverizon,nel December 3, 2010 T,7A FACS'IAHLE- (631) 765-3136 Ms. Tamara Sadao,Planner DEC m 6 2010 Southold Town Planning Department � P-0. Dox 1179 i L----- - - - Southold,NY 11971 :�!tholc ?own Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully. SCTM##1000-22-3-2 Dear Ms. Sadoo: We have submitted all of the covenants and easement documentation and we still do not have a performance bond estimate approval. Our client is in aposition.after nearly 5 years to complet this 2-lot subdivision but cannot forward a cheep in payment of the fee until a performance bond is established. Please place this matter on the Board's agenda so it may finally come to conclusion,. Very truly yours, CA,t?, Charles R. Cuddy CRChk Enc. SUBDIVISION "SHAWN TULLY" Access Roadway East Marion, Town of Southold New York ENGINEERING REPORT General Comment We have, on December 16, 2010, made an inspection of the roadway providing access to the "Shawn Tully Subdivision" from Kayleigh's Court. The inspection revealed: 1. the southerly 870 feet of the roadway is improved with asphalt pavement about 10 feet in width 2. no drainage structures were evident 3. the northerly 620 feet of the roadway is earth 4. the only significant low point is at the bend where the roadway turns westerly to the subdivision 5. that stormwater reaching the low point ponds to a depth of a few inches and subsequently runs off into the woodlands easterly, of the right of way 6. the surface of the woodlands receiving the stormwater runoff is relatively flat, stable and well vegetated with no erosion evident COMMENTS We opine that there is no chance of significant storm water flooding within the subject roadway. New stormwater management publications suggest techniques such as utilizing vegetated, low velocity waterways and natural ponding/sedimentation areas to cleanse the stormwater of deleterious materials before it enters the aquifer. RespectfullySubmit ed, , ' Um�J' cu�/p,Q a ^ff fl`�7](f{`Ot': _ ,.•;,~�••}t a'{S_•t�� Howard W. Young, .Y.S icense No. 045893n � q !F1P= ate,,';>� r � 1 = / a - ------------ 213.43 +27.82 !8'1dF 12 `Jq 9.35 \. 0 12LL 2 '•1�" 1 1 \1,\`` `�\\�1 j I 2849 WOOD9M 2. + : LLL 91 2 1 u11111/ 30 J•���` AMA1 "W 1 111\\1- '�/' I`\\ 1 1 1 01 1 or 4ormerll� now bell n b i Ann . m P metes \ Igartha anle V.sere \\ step \ 1 1 I 1 1 u111 I \\ \ \\ \\ TULLY 5UBDIVISION 04 i 1 i ""11i \XNX111\\ ACCESS ROADWAY I , \ \ 1` \ �,-' \v1\�\° ,,!,I 1 /I ' ►1�1 J-011111 \\ N`Q` 11 \1 N`\\Il;i �� PONDcr ;a � �"0 -n `�1 '\�\`•`���``�:c�a//'\i �� ii�i\ i � - IPOND =4 nov,A or ion Got r\e1 � "-,� -- p ormerly StnQtrQ 1 r --rd 5natrQ 1`, i%, ,; 1'1 ;SUBD_LV-45ZiN�t!VAF\\\ Rtch� -fro HAM TULLY" ACCESS ROADWAY \ 6 lot YOUNG 8 YOUNG OT LAND 5URVEYOR5M E CIVIL ENGINEERS RIVERHEAD, NEW YORK O NO SCALE ' "�► 1 DEC. 28,2010 SUBDIVISION "SHAWN TULLY" Access Roadway East Marion, Town of Southold New York . ENGINEERING REPORT General Comment We have, on December 16, 2010, made an inspection of the roadway providing access to the "Shawn Tully Subdivision" from Kayleigh's Court. The inspection revealed: 1. the southerly 870 feet of the roadway is improved with asphalt pavement about 10 feet in width 2. no drainage structures were evident 3. the northerly 620 feet of the roadway is earth 4. the only significant low point is at the bend where the roadway turns westerly to the subdivision 5. that stormwater reaching the low point ponds to a depth of a few inches and subsequently runs off into the woodlands easterly of the right of way 6. the surface of the woodlands receiving the stormwater runoff is relatively flat, stable and well vegetated with no erosion evident COMMENTS We opine that there is no chance of significant storm water flooding within the subject roadway. New stormwater management publications suggest techniques such as utilizing vegetated, low velocity waterways and natural ponding/sedimentation areas to cleanse the stormwater of deleterious materials before it enters the aquifer. 1.41 Or v � Respectfully Submitted, Howard W. Young, .S Li nse No. 045893n t` ------------- - ' µ�2 �,\F�' `a_ i 1 I%%i/ \` I I`I r t27 82 � �� - I 1 1 1/l "`,\I I 1 1 9 35 \♦` 1 24.7 - WOODS\ 2 2849+ -w 1 1 e � 1 Ill�lJ, �- Im I \ 30�s--� \`-ut.m AWA �'_ ,ill\�_-_ li 1'1 1j1 _" NII 1 1 1 t29.�3. \\ 1 \1 01 I now ori cam porm b 11 Itis Martha p`r'V Sareme \ ♦`\Ni` ii 111111 1 \ 1 I ♦ \\�\ 1 1 11 TULLY 5UBDIV15ION ACCESS ROADWAY hl 1����♦�. .`u\i i\ �`� O iii 1 `\ �`♦ -/- 1111\II , . r/ - "//..\♦`♦ \ \ - \\♦ 0 `N`\\ � , .�1 1`, \\\`♦``�\`�a♦ /'`\ a Ipi i i 1 I 'r u 1 S fl 0 I ♦\`�J�J,`�♦\a , n PONDit 11 j1111 \\ i 1 ♦�ItCkI\\\ill 1 9tG i%rl�1\y?I Ij♦�`�i:��`♦ i i � \ Iit t 1 i' ' 1 \` 'I `�� \\` I 1 \♦I, %%/I%I/II If 10 1 / 1 1 ` ♦ \` `��� `\`r%/ / `\ \ =_ r--__--- - noW orGotrone Pon 1 -- -W or porm m11;e Sinatra 11 1 '� �/ ♦\ ; ; `\ and 5 nam "SUB LV�Bi"f 1`l�NA'� 4P SII\ 411 0, : ACCESS ROADWAY Nj '. 1 \ 6 L-ot YOUNG B YOUNG LAND SURVEYOR5M $ CIVIL ENGINEERS ��1 1 RIVERHEAD, NEW YORK NO SCALE "n 1 it DEC. 28,2010 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 PAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net November 23, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms . Sadoo: We are enclosing the requested Affidavits from Shawn Tully and me in connection with the 11 ac. Aries Estates parcel which is the subject of 2 lots subdivision. Also, enclosed is the final version of the Open Space Easement and Declaration of Covenants and Restrictions . It is my understanding that they are in the, form and content to be signed by the applicant and I ask that you confirm this . Very truly yours, Charles R. Cuddy CRC/ik Enc. • - 010 l'=;-:� '� l of --�`•„� n� � SOUTHOLD TOWN PLANNING BOARD In the Matter of Application of Aries Estates, LLC F AFFIDAVIT SCTM#1000-22-3-2 Shawn Tully, being duly sworn, deposes and says: 1. I'm a member of Aries Estates, LLC. 2. I purchased the parcel (SCTM41000-22-3-2) in May 2000, which included a described 10 feet easement over the adjoining parcel. 3. In addition for more than 10 years I have been continuously using the right of way (the existing earth road driveway) over the same parcel as shown on the subdivision map prepared by Howard Young, L.S., last dated September 29, 2010. 4. The same earth road driveway has been used by the owner of the parcel to the east of my lot for a longer period of time; it is an established right of way by practice. 5. As indicated by the covenant I have signed,this combined right of way will be maintained by me, my successors and assigns, so it may be used by the fire department, when necessary. 6. I made this Affidavit knowing it will be relied upon he Planning Board of the Town of Southold. Shawn Tully Sworn to before me this 111't�day of November, 2010 Notary Public MELINDA CHU Notary Public,State of New York ,+ I NOV 3 0 2010 Ll j No. 01 CH5010955 Qualified in Kings CountyI Commission Expires May 12 20�1 - SOUTHOLD TOWN PLANNING BOARD In the Matter of Application of Aries Estates, LLC AFFIDAVIT SCTM#1000-22-3-2 Charles R. Cuddy, being duly sworn, deposes and says: 1. I represent the applicant, Aries Estates, LLC, which owns an eleven (11) acre parcel designated on SCTM#1000-22-3-2. 2. Access to that parcel is over a 16 ft. right of way running north from Kayleigh's Court to the adjoining parcel (SCTM#1000-22-3-4). 3. By deed the applicant has a 10 ft. right of way across the adjoining parcel and through the practice of both the applicant and the adjoining owner, a further right of way fifteen(15) feet in width, has been created. This combination provides a 25 foot area over the adjoining parcel for use by emergency vehicles. 4. The applicant, as user of both the deeded right of way and the right of way created by the parties, will maintain open access over the combined area of the rights of way and has signed the covenant binding himself, his successors and assigns to maintain that right of way as open and accessible to emergency vehicles. Charles R. Cuddy Sworn to before me this �3 day of November, 2010 Notary Public _ IWONA KODYM Notary Public, State of New York ! -� r� No. 01K06088386 Qualified in Suffolk County Commission Expires March 3, 2011 I '� NOV 3 0 2010 =.1 ! i`Fold Town DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of , 2010,by Aries Estates, LLC aNew York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011,hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at East Marion, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,does hereby make known,admit,publish,covenant,and agree that the lots 1 and 2 within the Subdivision Map of Shawn Tully which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal Page 1 of 4 .ti 4 representatives, distributees, successors, and assigns, to wit: 1. The owner of lot 1 as shown an the subdivision map to be filed with the Suffolk County Clerk shall have an easement for ingress and egress as well as for utilities over that area designated as access driveway. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot.Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. In addition the right of way from the subdivision easterly line to Kayleigh's Court shall be kept open for emergency vehicles by trimming overgrowth. This shall include but not limited to the described right of way and the use of right of way across the adjoining parcel to the east of the subdivided parcel. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted in the Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 6. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus. 7. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 8. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES) Program. 9. By this Declaration, future residents of the lots which comprise the subdivision Page 2 of 4 are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 10. All utilities must be located underground. 11. Pervious driveways and the access right of way designated as "common driveway easement" shall be used to serve each of the lots on the approved subdivision map. 12. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. 13. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 14. Vegetation within the 100' non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above, the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the"wood ramp"access over Lot 2 and a 4 foot wide beach access from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, Page 3 of 4 unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010, before me,the undersigned, personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2010 at Southold,New York. The parties are Aries Estates, LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor") and the Town of Southold, a municipal corporation, having a principal office at 53095 Main Road,PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates, LLC prepared by Howard Young, Land Surveyor, last dated September 29, 2010, which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation; conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60%of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation, the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.4659 acres portion of the subject property described in Schedule A, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the" Open Space Conservation Easement Area" and hereinafter referred to as the"Easement Area;" and Whereas, as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an Open -1- Space Conservation easement in gross,which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Are, more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A, and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement,the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. -2- 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents,tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Gradin;and Removal of Materials, Mining The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, aor other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. -3- 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants, b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof, the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Utilities The creation or placement of overhead utility transmission lines, utility poles is prohibited, except to service structures or activities as provided in Section 4.04 hereof. Utilities must be installed underground. -4- 3.10 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.11 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.12 Development Ri hg_ts The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses -5- may be constructed with no prior approval from the Planning Board. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas,tennis courts, swimming pools, off- road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times,upon prior notice of at least thirty(30) days to Grantor, unless Grantee determines that immediate entry -6- is required to prevent,terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant r obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. -7- If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing, the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such -8- provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail,return receipt requested, r by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other parry's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant,to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shal survive its execution. -9- 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates, LLC By: Shawn Tully, Member/Grantor \ Town of Southold (Grantee) / By: Supervisor STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010, before me,the undersigned, personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and -10- acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2010, before me,the undersigned,personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -11- - a CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddi@verizon.net November 2, 2010 Ms . Tamara Sadoo, Planner j•` t ��V _ �` Town of Southold Planning Department PO Box 117 9T "'n j :tl',o1,1 Southold, NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms . Sadoo: I'm enclosing a letter from the East Marion Fire District dated April 7, 2008, where the Board of Fire Commissioners inspected the entrance -road running north from Kayleigh' s Court and found the access satisfactory for emergency equipment . This is to confirm that the applicant has the right of way by deed to use 10 ft. strip running parallel to the southerly lot line over the adjoining parcel . In addition the applicant and the owner of the adjoining parcel have, as a matter of practice and use, created an additional entrance drive to the north of the described right of way. This 25 ft. area is to be kept open in order to permit access by emergency vehicles . The user of the right of way, in this instance Mr. Tully or his successors, has the obligation to maintain it and will _undertake to keep it clear. This language is included in the covenant. I would be pleased to further discuss this with you if you wish to do so. Very truly yours, Charles R. Cuddy CRC/ik Enc. EAST MARION FIRE DISTRICT Board of Fire Commissioners PO Box 131 - Main Road - East Marion, NY 11939 (631) 477-0163 • Fax (631) 477-8310 Email: EMFDistrict@optonline.net April 7, 2008 Charles R. Cuddy Attorney at Law 445 Griffing Ave. Riverhead, NY 11901 Re: Minor Subdivision-East Marion (Shawn Tully) Dear Mr. Cuddy, The Board of Fire Commissioners has inspected the entrance road which runs north from Kayleigh's Court and found access for emergency equipment satisfactory. *Veryurs, a "� Fire District Secretary t Page 1 of 1 Sadoo, Tamara From: Sadoo, Tamara Sent: Tuesday, October 26, 2010 12:06 PM To: 'charles cuddy' Subject: RE: Aries Estates subdivision Thank you Charles. Also, as part of ensuring that there is adequate emergency vehicle access to the proposed subdivision, in addition to my previous request regarding the adequate access on the ROW running north to south north of Kayleigh's Court, could you also please submit in writing that the 10'ROW running east to west at the northern end of the ROW running north from Kayleigh's where you have indicated on the map "25' Free and Clear"something indicating that your client does have the legal right to keep that area free and clear in perpetuity to at least meet the minimum Southold Town Code requirements for emergency vehicle access, or that your there is the legal right to keep it free and clear as you have indicated at 25' on the map? There is concern that when the adjacent property changes ownership in the future, the new owner may not allow your client to keep that ROW free and clear at 25"as indicated upon the map, or that even if there is a dispute between the current adjacent owner and your client could result in not allowing your client to keep the east-west ROW free and clear to 25'. If you have any questions regarding this request, please just call my office. Thank you Charles. Tamara From: charles cuddy [mailto:charies.cuddy@verizon.net] Sent: Tuesday, October 26, 2010 10:51 AM To: Sadoo, Tamara Subject: Aries Estates subdivision Dear Tamara: Attached please find an Open Space Easement as revised, which we believe was previously forwarded to you. Charles R. Cuddy 10/27/2010 MAILING ADDRESS: PLANNING BOARD MEMBERSQF $Ory P.O. Box 1179 MARTIN H.SIDOR ��V' O- Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y tw Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND Ql (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI A. Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 19, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Close Final Hearing: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: At a meeting held on Monday, October 18, 2010, the Southold Town Planning Board closed the public hearing for the proposed Standard Subdivision Aries Estates, however, the public record shall remain open for ten business days from the date of this letter during which time written comments will be accepted. If you have any questions regarding the above, please contact this office. `Very truly yyours, ', lad " "1-9�"/ Martin H. Sidor Chairman CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIEFTNG AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 15, 2010 Ms . Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re:Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms . Sadoo: Enclosed please find an Affidavit of Posting along with the certified mailing receipts and signed green return receipt cards in connection with the hearing scheduled for October 18, 2010 . Very truly yours, s Charles R. Cuddy CRC/ik Enc. 1' 0 CT 1 5 2010 Pl^clllllil��'u��� AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as westerly terminus of a private right of way wY,ich extends north from Kayleigh's Court, East Marion, on October 6, 2010 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 . October 18, 2010 1 have sent notices, by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on nrtnhpr .Z, Mlf) Charles R. CUddy M-0�—T Your Name (print) OCT f Signature 445 Griffing Ave. , Riverhead; NY 11901 Address October 15, 2010 Date Notary Public Y 11 OCT IWONA KODYM 1 15 2010 Notary Public, State of New York ! To4vn No. 01 KO6088386 Qualified in Suffolk County ! P�anning�3ar`�»— r J Commission Expires March 3, 2011 J - PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 10/15/10 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully SCTM#s: 1000-22-3-2 Date of Hearing: Monday, October 18, 2010, 6:05 p.m. ur N O ❑ CU C Ol'Dy • COMPLETE • • Q Q O } ZO 2 >; - ❑❑ ❑ ❑ ❑ ■ Complete Items 1,2,and 3.Also complete A. Signature ❑ o ; item 4 if Restricted Delivery is desired. X rylj+/� MOdressee � gent d r L ; ■ Print your name and address on the reverse o so that we can return the card to you. B. Received b Pnn m g ao y( fgcVName) C. Date o Delivery E ■ Attach this card to the back of the mallpiece, / F N a E d m ` or on the front if space permits. ® V4rS V/f rt r 42 06 O D. Is delivery address differen om item 1? El Yes o: U .1 1. Article Addressed to• m ❑�❑ I If YES,enter delivery address below: ❑ No _ Ms. PAtricia D. Garvey a o 0 •'- I PO Box 25 a� ap i a) East Marion, NY 11939 . > > � 7 _3._Sermce TXoe ' ¢ K m cd v i • • • e • • ■ Complete items 1,2,and 31 Also complete A. Igna are item 4 if Restricted Delive Is desired. / Agent ° cd ■ Print your name and addre:6s on the reverse / ❑Addressee m a 41 so that we can return the card to you. B. Received by(Ponied Name) C. Da a of D livery E o _ co r, i ■ Attach this card to the back of the mailpiece, � ��� �'� /� o 2 m o E o I or on the front if space permits. [ °V Y a) rn � D. Is delivery address different from item 1 ❑Ye N o o w b 1 . Article Addressed to. If YES,enter delivery address below, El Q, N'0 °__ rn co E '10E m �, U Ln Sthephanie V. Seremetis m m- m �' Martha A. Campbell N ° P4CL PO Box 641 East Marion NY 11939 E t E "� N 3. Service Type • :? ° ° o 14 4-I v Certified Mail ❑Exp�ess Mail ° 3 Z y b � E ❑ Registered I 'Ret rn Receipt for Merchandise a ro s� ¢ G 'n v z ❑ Insured Mail ❑C. D. v r ao N r-i m o o ° r r 4. Restricted Delivery?(Extra Fee) ❑Yes U=a W o ¢ ■ ■ ® `n Q 2. Article Number 7D09 3410 0000 398 9668 LU - (Transfer from service label) i IlEEliYO17- I Gu i ?�# 1 ~ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 c0 M Ir Postage $ $0.44 0901 -- I M Certified Fee $11,80 G(] - 0 Return Receipt Fee Postmark C3 (Endorsement Required) $2.30 Here Restricted Delivery Fee (Endorsement Required) $0.00 O Total Postage&Fees $ $5.54 10/07/2010 ent To � Er Shawn Tully r Street,Apt No; ------------ 0 -POB-No. 535W 23rd Street Crfy,State,ZIP+4 Apt.S5Kp -- New York NY 10011 Sent To Ir Patricia D. Gamey 0 SFeet,Apt No,r---------------------------------------------------------------------- 0 or PO Box No. PO Box 25 �` City,State,ZIP+4 East Marion,' NY 11939 fr�G-txaul coo o�• b.�G�itxa Im Sent To llrr Stephanie V. Seremetis Martha Cambell S ETA AFI-R& ' ----------------------- ----------------------------------------- 0 orPOBoxtio. PO Box 641 --------------------------------------------------------------------------------------- City,state,ZIP+4 East 'MArion, NY 11939 M ' Sent To [Ir Mr. and Mrs. Richard Sinatra Street,AFf No?----------------- I© or Po Box No. 164 15th Ave. �`- ZlP+4 -------------------------------------------------------------------------- � Cdy,State, Sea Cliff, NY 11579®1057 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-82DO P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 6, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: We are enclosing the revised Declaration of Covenants and Restrictions. Your Resolution"iias indicated there should be an additional language with respect to the right of way clearing.Please note that we now included the provision of land clearing at paragraph 6. Also,we originally referred to the maintenance of the right of way at paragraph 2 of the covenants and now we have expanded that provision. Please confirm that the covenants and the final maps,just submitted, are satisfactory so we may receive final approval. Very truly yours, g es.'R. Charles R. Cuddy CRC:ik Enclosure 3 7. 2010'" _ E.�_ i Soutn0d Town Plannin0oarH _, DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of ,2010,by Aries Estates, LLC aNew York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011,hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DECLARANT is the owner in fee simple of certain real property situate at East Marion, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,does hereby make known,admit,publish,covenant,and agree that the lots 1 and 2 within the Subdivision Map of Shawn Tully which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal Page 1 of 4 representatives, distributees, successors, and assigns,to wit: 1. The owner of lot 1 as shown an the subdivision map to be filed with the Suffolk County Clerk shall have an easement for ingress and egress as well as for utilities over that area designated as access driveway. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot.Maintenance includes but is not limited to repairing with fill, clearing and snow plowing.In addition the right of way from the subdivision easterly line to NYS Route 25 shall be kept open for emergency vehicles by trimming overgrowth. This shall include but not limited to the described right of way and the use of right of way across the adjoining parcel to the east of the subdivided parcel. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted on Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 6. Land clearing restrictions shall not apply to construction of agricultural structures, such as barns, in the area north of the driveway terminus. 7. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 8. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES)Program. 9. By this Declaration, future residents of the lots which comprise the subdivision Page 2 of 4 are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 10. All utilities must be located underground. 11. Pervious driveways and the access right of way designated as "common driveway easement" shall be used to serve each of the lots on the approved subdivision map. 12. Structures with impervious materials shall assist to control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. 13. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 14. Vegetation within the 100' non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the"wood ramp" access over Lot 2 and a 4" wide beach access from Lot 1. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. If any section, subsection, paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction, be adjudged illegal, Page 3 of 4 1 t + unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York,by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010, before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 IL CHARLES R.CUDDY ��►1 ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 4, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,IVY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: With reference to the above subdivision,we are enclosing ten(10)prints of the Final Plat last dated September 29, 2010 together with ten (10) sets of the Final Road and Drainage Plan last dated September 29, 2010. Very truly yours, CW Charles R. Cuddy CRC:ik Enclosure 1 , MAILING ADDRESS: PLANNING BOARD MEMBERS �QF$oarb P.O. Box 1179 MARTIN H.SIDOR ��� 710 Southold,NY'11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND 'Q� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI ���UM`1,� Southold,NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 28, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board has reviewed the above referenced application at their September 28, 2010 Work Session. The following items from a letter sent by the Southold Town Planning Board dated September 2, 2010 were discussed: 3) The Southold Town Planning Board and the Southold Town Engineering Inspector have requested the applicant submit affidavits from the residents on the western side of the right-of-way north of Kayleighs Court stating that they will allow the applicant to clear within 5' of their property bordering the western edge along the right-of-way north of Kayleigh's Court. 4) The Southold Town Planning Board and the Southold Town Engineering Inspector have requested the applicant attain a legal right of access over the neighboring property(SCTM#1000-22-3-8.2) to allow for possible encroachment issues over this property where the proposed access the above referenced subdivision turns 900 to the west just prior to Lot#2 as possible encroachment may continue even once the right-of-way has been improved from 10' to 25' wide. This legal access shall be provided in writing and a copy shall be submitted-to the Planning Board. 5) The Final map submitted by the applicant also indicates that the existing right-of-way mentioned above in item #4 is only 10' wide. The proposed new right-of-way for this area is to be improved to 25' wide as shown on the final plat. Based upon this, and as previously stated in item #4 above, the applicant shall obtain a legal right of access from SCTM#1000-22-3- 8.2's property owner in writing and submit a copy of this legal access to the Planning Board. As to Item 3 listed above, the applicant will submit to the Southold Town Planning Board in writing a letter explaining that the right-of-way north of Kayleigh's Court referenced in Item 3 above belongs to the applicant and therefore the applicant has the right to keep that right-of-way free and clear to create a 20' (foot) by 20' (foot) box as required by the east Marion Fire District and therefore, nothing in writing is required by the residents on the western side of the right-of-way north of Kayleigh's Court regarding clearing of this right-of-way. As to Items 4 and 5 listed above, as discussed with the Southold Town Planning Board, the applicant will revise the Final maps so that existing right-of-way mentioned in Items 4 and 5 above will be accurately reflected upon the subdivision map along with the correct 25' as the width of this right-of-way. Further, as this shared right-of-way with a neighbor to the east of the subject property appears to be a prescriptive easement, the applicant will discuss with the Southold Town Attorney's Office and planning Staff jointly what needs to be provided in writing to the Southold Town Planning Board reflecting this shared use as well as the continued use in perpetuity of this shared right-of-way to ensure permanent access to the subject property into the future. Please call this office so that a meeting may be scheduled to resolve this matter. To this end, a Road and Maintenance Agreement shall also be submitted by the applicant for the Southold Town Planning Board's review and approval. Lastly, to be indicated upon the revised Final Map and as part of the Road and Maintenance Agreement to be submitted by the applicant to the Southold Town Planning Board, the 25' wide right-of-way mentioned in Items 4 and 5 above shall remain cleared (free and clear) at all times to allow for emergency vehicle access. If you have any questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner Southold Town Planning and Work Session - Page Two - '-,,.:ember 27, 2010 Project name: __Aries Estates/T qy__ � 1000-22-3-2 _ j Location: The property is located at the westerly terminus of a private right-of-way j which extends north from Kayleigh's_Court in_East Marion. _ Description: _ 1 This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District.___._. Status:_ _ i Conditional Preliminary Approval Action: E Review access issues. Attachments: Staff Report/Checklist_ r Sj Kr Ff01�coG PETER W. HARRISy x Tel. (631) 765-3140 Superintendent oy �� (631) 734-5211 Fax(631) 765-1750 Highway Department Town of Southold 275 Peconic Lane • P.O. Box 178 • Peconic, N.Y. 11958-0178 To: Tamara Sadoo From: Peter W. Harris,highway superintendent lei SEP - 4 Date: September 23,2010 ' --- Re: Aries Estates/Tully Standard Subdivision Application Name Aries,Estates/Tully Standard Subdivision Tax Map Number: 1000-22.-3-2 Location: The property is located at the westerly terminus of a private right-of- way which extends north from Kayleigh's Court in east Marion. I have reviewed the subdivision map for the Tully subdivision map and the road system that would follow-in anontherJy direction from:the north easterly terminus of the dedicated Southold Town street known as Kayleigh's Court in East Marion,New York. Having reviewed the plans and having had a discussion about the road way width with you, as you stated that the width of the road would be twenty feet and that the East Marion Fire Department is totally comfortable with that access width for their equipment. The most important thing with regard to this road is that it is understood it can never be dedicated to the Town of Southold because it will not meet the minimum standard width in the town highway code. However as long as the land owners totally understand this and realize that the upkeep and maintenance is totally on the backs of the owners as users of this private road,I see no reason why this private thoroughfare cannot exist as a twenty foot wide private road and be recorded as such in town records. P%". Harris Superintendent of Highways " S 09/24/2010 FRI 8: 32 FAX 6317651750 1&001/002 ray� Yowzi of 5oiz(hold y 275 Pccoaz;c Law, P.(). Boz IM Ptconic, Ne-w York 1 a x)58 ITTI P W I1Al RIS i "--' "— SUPERINIT:NDEN I OF' liIGHWAY1.. AAA AAAA AAA***AAAAAA*A A A A A AAA*4*AAAAAA AAA*A**A AA A AA*i*AA A A A d A Ail A A AA A AA-At f JeAX ( '()VJ?U S!fET'T FAX D). �'',►y7 c2 rr� � O C� N11M13ER ()1 SOI l`1 M)LD 1"OWN 1II(Y11tiV.� �' 1)lt`.l'�111"1'M1y:N1 ('()MMI;IN'!' : SHOULD YUII HAVE ANY Q111,STIONS, U11 PROBLEMS R1sC EIVI1NG.1.1116 FAX 'I RANSMfITTAL, PLEA,�E, EITHER PI1i(M (611 )765-3140011 K; ,X ( („] 10/05-1 750. 09/24/2010 FRI 9: 32 Fax 6317651750 fd002/002 r I Su��rit�tati�icy�3t "_ �� ' •=,; Tal. (6:31) %b.s••a1•t0 (6:31) 734••5211 Fax(631) 765-1750 Highway Department 'M'OW11 of Southold 275 Peconic Lativ • )< O. Box 178 • P conic, N.Y. 11958-0178 }n: TWIlara Sadoo laron'r: l'etCr W Harris, highway supOr'intendent Date, September 23,2010 Rc,. Aries l;;states/'fully Standard Subdivision Application Name Aries lastates/Tuily Standard Subdivision Tax Map Number: 1000-22.-3-2 1,0cution. The property is located at tllr„ wcster'ly terminus of a private right-of- way ight-ofway which u%lends north from K. 1elgh's Courl in oasl Marion, 1 have rcvivwod the subdivision map for the'fully subdivision map and the road syste rn thal Wolild follow in;) norlbol ly dircetion from Lhc north uasterJy terminus oftbu dedicated Southold Town street known as Kaylcigh's Court in Fast Marion,Now York, Having reviewed the flans and having hada discussion about the road way widtli with you, as you stated that tilt,wi(Nh of the*rotid would liv lwenly f col and Olaf IN, Fast Marion Fire Department is totally comfortable with that access width for their equipment. Thu most important thing with regard to this road is that it i5 understood it can never ha dodiaaled to the Town of Southold because it will not meet the 1 inin ur'n Standard width in the town highway code. C'lowevci as long;as the land owners totally understand this and realize that the upkeep and maintenance is totally nn Ilia hacks of thea owners as us-ors of this private road, I see no reason why this Private thoroughlare cannot exist as a twenty fool wide privale road aril hr,recorded as such in town reeords- Peter�, Har'r'is �5upei•rntc;ndcnt of Hr f;li�•vaays Page 1 of 1 Sadoo, Tamara From: Sadoo,Tamara Sent: Wednesday, September 22, 2010 3:29 PM To: Harris, Peter Subject: Aries Estates Hi Pete- Sent over a copy of the map for your comments. I think JJ left already so it'll get to you tomorrow in the mail. Thanks Petelll Tamara 9/22/2010 MAILING ADDRESS: PLANNING BOARD MEMBERS r so(/ry P.O.Box 1179 MARTIN H.SIDOR ��� O1 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS G • Q 54375 State Route 25 JOSEPH L.TOWNSEND (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI yCoUP�Y,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Peter Barris,highway Superintendent From: Tamara Sadoo Date: September 22,2010 Re: Aries Estates/Tully Standard Subdivision Application Name: Aries Estates/Tully Standard Subdivision Tax Map Number: 1000-22.-3-2 Location: The property is located at the westerly terminus of a private right-of- way ight-ofway which extends north from Kayleigh's Court in East Marion. Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: X Final Subdivision Map (Dated: June 25,2010) Road Profiles (Dated: ) T Grading and Drainage Plans (Dated: 1 Other (Dated: 1 Sketch Site Plan (Dated: 1 Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: 1 Project Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots,where Lot 1 equals 3.7362 acres,including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres,including 5.0872 acres of open space,in the R-80 Zoning District. Additional Comments: Pete,here is a copy of the subdivision map you looked at last Monday (9/13/10).You had agreed that the road north of Kayleigh's Court to access the proposed two lots was sufficient at 20'wide.The East Marion Fire District approved this road as a 20 x 20 box as well for fire protection sufficiency.This road will remain private and the PB can request C&Rs from the applicant ensuring that the road is not to be dedicated to the Town. If you agree that the private access road is fine at 201wide and does not need to meet highway specs because it will never be taken over by the Town,please write that for me via e-mail or a memo—up to you. - PB will then have to go to TB requesting that they agree with you and that the road, because it is private and will remain private does not need to meet highways specs and be any wider than it already is. Thank Pete!! Tamara - 1 9949 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 7th day of October, 2010. Principal Clerk Sworn to before me this day of 2010. Of �, � ��� *�`Notce.di•PublicHea �`a`�''�" NOTICE=TS`°FIE)WE Y-GLVEN'=that �.M1 s- C Via; "NA VOLINc �1'.p',uisu""anitc�lto"X-,S]eCcVt' otlieTy iT,Go3eooL,ehoa_ ii :heannwa74sooub �p� N®7lRti, :',itsc-ir' rtr F OF _ 0.3_�fCW )5050 ti ia teSotiithold,T[5wi#Plaiuip aBoaid,?a# y Towl: Couni+, t�i'e: n Hall fvIaiii'Roa Soutlioli3;;New_ 61tdC ' 'York obi tl a 18tti tley o[0etod'er 201U`oii �t,r3ivaty 28,2012 ';tlie u�stion=oftle`follovging`i' ,='f:=" MY ComtniSSior. afte. -- O;+p?in:i-Vtopo�ed»LoainK lk`ange for@harles�^&`Amy+=Schai�,�located~�,onfa r #`Paradise=PoinL`Road,.Southold;�,Town;ofti ,SduthoI'd County of 'L-61uo ,; tar York:'Suffolk.Coun'ty-Taz,'Map:Numbeis 1000-81=3 F2511&"26T .. --, few•.' : , ' p:m:NO 0O 6cl;Standard Subdiv� A01kA,0 tEst'afes,focated at the;;7yes erly termiiiusb _a piivaYe;right-of'way`,,which^ :„extends�north-from`-Kayleigli;s,;Cotiyt�iri F Eas04v r on,Toivn of S'outhold;`Couri[y.of �Sufi`ol�;Sta{e;fNewYokSuffo]kCount . •;6`10p",'.in'-Proposed Site Plan&�Spectal ��Exceptign`;Consideration`for-�IvletLoPCS; �LLG,'-0'ate:,the.SouthgK21pwi%;POlice.:nic Sta-, fios.located;af1.65P-,econic Lane;I'eco �,1'oivn,��of`�So'uct'holii°•'�ountyc;,of"�Sitffolk 6Swo of,New`York.-Suff6lk-Couniy 1v,IapNiimliers 1000=75-5{Td.l';,��`:>,'�-�3�µ t ti6�15.p.m�:Broposed•Srte Pl�ar!•86Special= ti Exception";Coriideration for.Metio]?CS_ ?�.L;I:C}'at"-Penny:lbcafeii�at�.125854;wSouid Avenue'-?Mattituck;�,Town,�gf;;'Sout�old4 aCopnty.of Suffolk;State3of New W k* Suffolk-Codn`!y iax4IGiap Ntimtiers 1000= �rDat�i1:9/20%10=r`:c`�;'���'^•�.���°�r'����;:n=;�' , iB ';ORDER ORTHE'SOUTHO)D z cr` TOWNTEE1NNING'BOARD'= „1Vlartin Fi:Sidor Vx;„s;--ir:.�i•' y=',,��3_;4;Chair'ma � 19949=1 h Y .r 4 - MAILING ADDRESS: PLANNING BOARD MEMBERS �QF S0 P.O.Box 1179 MARTIN H.SIDOR ��� y®1 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND 'Ql (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI yC�U1V l'� Southold, NY Telephone: 631765-1938 Fax: 631765-3136 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 18th day of October, 2010 on the question of the following: 6:00 p.m. Proposed Lot Line Change for Charles &Amy Scharf located on Paradise Point Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-81-3-25.1 & 26 6:05 p.m. Proposed Standard Subdivision Aries Estates located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-22-3-2 6:10 p.m. Proposed Site Plan & Special Exception Consideration for MetroPCS, LLC at the Southold Town Police Station located at 165 Peconic Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-75-5-14.1 6:15 p.m. Proposed Site Plan & Special Exception Consideration for MetroPCS, LLC at Penny located at 12585 Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-141-3-38.1 Dated: 9/20/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 7, 2010 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 .t Kalin, Carol From: Legals [legals@timesreview.com] Sent: Monday, September 20, 2010 2:30 PM To: Kalin, Carol Subject: RE: Legal Ad for 10/7 Edition of Suffolk Times Hi Carol, I have received the notice and we are good to go for the 10/7 issue. Thanks and have a great afternoon! Candice From: Kalin, Carol [mailto:Carol.Ka lin@town.southold.ny.us] Sent: Monday, September 20, 2010 1:16 PM To: Legals Subject: Legal Ad for 10/7 Edition of Suffolk Times Please print the attached legal ad regarding the 10/18 Planning Board hearings for the Scharf Lot Line Change, Aries Estates Standard Subdivision and the Police Station and Penny Cell Towers in the October 7th edition of the Suffolk Times. Kindly confirm receipt by e-mail. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold,NY 11971 Phone: (631)765-1938 Fax: (631)765-3136, Carol.Kalin@town.southold.ny.us I 9/20/2010 L MAILING ADDRESS: PLANNING BOARD MEMBERS �QF so�ly P.O.Box 1179 MARTIN H.SIDOR ��� Ol0 Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JOSEPH L.TOWNSEND �Q4 (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI �C®U � Southold,NY Telephone: 631765-1938 Fax: 631765-3136 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 18th day of October, 2010 on the question of the following: 6:00 p.m. Proposed Lot Line Change for Charles &Amy Scharf located on Paradise Point Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-81-3-25.1 & 26 6:05 p.m. Proposed Standard Subdivision Aries Estates located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-22-3-2 6:10 p.m. Proposed Site Plan & Special Exception Consideration for MetroPCS, LLC at the Southold Town Police Station located at 165 Peconic Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-75-5-14.1 6:15 p.m. Proposed Site Plan & Special Exception Consideration for MetroPCS, LLC at Penny located at 12585 Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-141-3-38.1 Dated: 9/20/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 20th day of September, 2010 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 10/18/10 Regular Meeting: 6:00 p.m. Public Hearing for the proposed Lot Line Change for Charles &Amy Scharf, SCTM#1000-81-3-25.1 & 26 6:05 p.m. Public Hearing for the proposed Standard Subdivision Aries Estates, SCTM#1000-22-3-2 6:10 p.m. Public Hearing for the proposed Site Plan & Special Exception Consideration for MetroPCS, LLC at the Southold Town Police Station, SCTM#1000-75-5-14.1 6:15 p.m. Public Hearing for the proposed Site Plan & Special Exception Consideration for MetroPCS, LLC at Penny, SCTM#1000-141-3-38.1 2 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this � -day of ' W"o10. MELANIE DOROSKI NOTARY PUBLIC,State of New York No.0ID04634870 Qualified in Suffolk Counfy Notary Pub(lic Commission Expires September 30,�1�`� MAILING ADDRESS: PLANNING BOARD MEMBERS *rjF SO P.O. Box 1179 MARTIN H.SIDOR ��V` yQIO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND �Q� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI ���UNTY,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Set Final Hearing: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 13, 2010: RESOLVED, that the Southold Town Planning Board sets Monday, October 18, 2010 at 6:05 p.m. for a Final Public Hearing at the Southold Town Hall regarding the map entitled "Final Plat for Standard Subdivision Shawn Tully", prepared by Howard W. Young, L.S., dated June 25, 2010. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, October 15th. The sign and the post need to be returned to the Planning- Board lanning Board Office after the public hearing. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Marbn H. Sidor Chairman Encls. 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#1000-22-3-2; 3. That the property which is the subject of this application is located in the R-80 Zoning District; 4. That the application is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space. The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol.Kalin@town.southold.ny.us; The Planning Board Office will be closed on Monday, October 11th. 6. That a public hearing will be held on the matter by the Planning Board on Monday, October 18, 2010 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: Aries Estates/Shawn Tully Date: 9/15/10 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 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 I Date Notary Public I PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS EY. 12:00 noon, Fri., 10/15/10 Re: Proposed Standard Subdivision Aries Estates/Shawn Tully SCTM#s: 1000-22-3-2 Date of Hearing: Monday, October 18, 2010, 6:05 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date,place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice.An application or petition, initiated,proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town,which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail,return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property,nature of relief or approval involved, and date, time and place of hearing. The applicant,petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 ARIES ESTATES , LLC ARIES ESTATES STANDARD SUBDIVISION 1000 -22 -3 -2 Proposal for a standard subdivision of an 11 .4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1 .7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. .-.IONDAY - OCTOBER 18, 2010 - 6 : 05 P. M . Page 1 of 1 Sadoo, Tamara From: Sadoo, Tamara Sent: Monday, September 13, 2010 11:37 AM To: Harris, Peter Subject: Aries Estates/Shawn Tully Good morning Pete— I was wondering if you could send me that e-mail we talked about last week regarding the Shawn Tully/Aries Estate subdivision and the private road leading to the 2—lot subdivision on the Sound north of Kayleighs Court being OK at 20'x 20'.The East Marion Fire District gave the thumbs up a couple of years ago and it is a private road and will remain a private road, so no widening is needed. Thanks Petell O t Tamara 9/14/2010 Page 1 of 1 Sadoo, Tamara From: Sadoo,Tamara Sent: Wednesday, September 08, 2010 12:09 PM To: Tamara' Subject: Aries Estates/Shawn Tully Just met with Pete Harris on Shawn Tully subdivision, SCTM#1000-22-3-2 in East Marion re:the 20'wide access north of Kayleighs Court which Jamie Richter had been requesting be widened to 50'to meet Southold Town Code highway Specs as it would be serving 5-6 lots( 2 for Shawn Tully, plus the exiting 3or 4 lots along the private road north of Kayleighs Court). Pete Harris felt that if it was a private road and if it was always going to be a private road why would the Town want to widen it to 50'? 1 offered that C&Rs be drafted reflecting the fact that it would always be a private road and that the Town of Southold would not have to maintain it. Pete thought that was fine and if the East Marion Fire Dept. approved the access for emergency purposes then why would the Town want to require them to widen it, especially given the fact that it cannot be widened to 50'as there are wetlands immediately to the East of the road. Pete Harris will send me something in writing via e-mail stating that he has no problem with the 20'wide road. Tamara 9/8/2010 Page 1 of 1 Sadoo, Tamara From: Sadoo, Tamara Sent: Wednesday, September 08, 2010 12:11 PM To: 'Tamara' Subject: Aries Estates/Shawn Tully Oh, and Kristy Winser was present of the entire conversation between Pete Harris and myself re: the above referenced application and access. Tamara 9/8/2010 i hi' CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TFL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net September 7, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: I received your letter of September 2,2010,relating to discussion at the work session of August 30th, 2010. I attended the work session, had discussions with you and Planning Board members and did not come away with an understanding of the right of way requirements set forth in your letter. This is a subdivision with sketch plan and preliminary map approval. The right of way was the sub.ect of more than one year of work by the applicant, his consultants and fire district officials. Now suddenly two years later it is again an issue.I object,and request this matter be placed on your work session agenda for September 13th, 2010, so these issues may be fully aired and resolved. I also note that after one year,there is no indication that the bond estimate submitted in September 2009 has been approved. Very truly yours, C"W' Charles R. Cuddy CRC:iI - - Enclosure cc:Martin H. Sidor, Chairman of Planning Board William J. Cremers,Planning Board Member Kenneth L.Edwards,Planning Board Member Joseph L.Townsend,Planning Board Member �n Donald J. Wilcenski,Planning Board Member U SEP - 8 2010 �� .. - � f MAILING ADDRESS: PLANNING BOARD MEMBERS �OF S0!/rP.O.Box 1179 MARTIN H.SIDOR ��� QlG Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS CA Town Hall Annex KENNETH L.EDWARDS Q 54375 State Route 25 JOSEPH L.TOWNSENDQl q � (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI �`oU111►�� Southold, NY S Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 2, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board has reviewed the above referenced application at their August 30, 2010 Work Session. Based upon this review, please provide the following information to the Southold Town Planning Board along with the following requested changes: 1) The Southold Town Planning Board is reviewing the requested beach access from Lot 1. In the interim, Paragraph 13 of the Covenants and Restrictions shall add language to the end of the paragraph regarding the "4 ' wide beach access from Lot 1" stating that the beach access from Lot 1 shall be unimproved and natural (no structures) and shall remain so in perpetuity. 2) The Southold Town Planning Board has also required that the applicant shall ensure continued stabilization of the bluff and beach access from both Lots 1 and 2 via re-vegetation and erosion control measures as deemed applicable. This requirement shall also be incorporated into Paragraph 13 or added as a separate paragraph in the Covenants and Restrictions. 3) The Southold Town Planning Board and the Southold Town Engineering Inspector have requested the applicant submit affidavits from the residents on the western side of the right-of-way north of Kayleighs Court stating that they will allow the applicant to clear within 5' of their property bordering the western edge along the right-of-way north of Kayleigh's Court. kw '�4&-a _ V1\10 !',�Nt.,i5,St&— I he Southold Town Planning Board and the Southold Town Engineering I spector have requested the applicant attain a legal right of access over the eighboring property(SCTM#1000-22-3-8.2) to allow for possible encroachment i sues over this property where the proposed access the above referenced s bdivision turns 900 to the west just prior to Lot#2 as possible encroachment ay continue even once the right-of-way has been improved from 10' to 25' ide. This legal access shall be provided in writing and a copy shall be submitted r t the Planning Board. . 5) he Final map submitted by the applicant also indicates that the existing right-of- ay ay mentioned above in item #4 is only 10' wide. The proposed new right-of-way for this area is to be improved to 25' wide as shown on the final plat. Based upon this, and as previously stated in item #4 above, the applicant shall obtain a legal right of access from SCTM#1000-22-3-8.2's property owner in writing and submit a opy of this legal access to the Planning Board. 6) he Southold Town Planning Board has also noted that the proposed common driveway on the subject property has a 25' wide right-of-way and a 14' common driveway. Southold Town Code §240-45 ( C)(3) requires that" [t]he boundary of each lot served by a common driveway shall extend to the center line of the common driveway..." Please make changes to the final map to reflect this requirement for a common driveway including how this may change lot size for each lot. 7) The Southold Town Planning Board has also requested the applicant consider moving the 'T-turn-around" on proposed Lot 1 to the western side of that Lot so that it abuts proposed Lot 2 thereby requiring less paving while maintaining turn- around access for emergency and other vehicles. 8) Section 4.04 of the Open Space Easement shall explicitly spell out that no structures of any kind such as barns, run-ins etc. shall be allowed on the Open Space area as there may be potential for future owners to want to build such structures for horses if they should ever own horses. Instead, the structures for horses or other uses may be placed outside of the Open Space area and on the actual residential lots. Once these changes to the Final Plat have been submitted along with the requested changes to the Covenants and Restrictions and Open Space Easement, the Southold Town Planning Board will review these changes and schedule the application for a Final Hearing. ' If you have any questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo ? Planner ?L"S) C MAILING ADDRESS: PLANNING BOARD MEMBERS �rjf SD(/ry P.O.Box 1179 MARTIN H.SIDOR ��� OlG Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JOSEPH L.DONALD J.WIL ENSKI END (cor.Main Rd. &Youngs Ave.) 111' Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter,Engineering Inspector From: Tamara Sadoo Date: August 18, 2010 Re: Aries Estates/Tully Standard Subdivision Application Name: Aries Estates/Tully Standard Subdivision Tax Map Number: 1000-22.-3-2 Location: The property is located at the westerly terminus of a private right-of- way which extends north from Kayleigh's Court in East Marion. Type of Application: Sketch Subdivision Map (Dated: ) Preliminary Subdivision Map (Dated: Z X Final Subdivision Map (Dated: June 25,2010) X Road Profiles (Dated: June 25, 2010) X Grading and Drainage Plans (Dated: June 25,2010) Other (Dated: ) Sketch Site Plan (Dated: 1 Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots,where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres,including 5.0872 acres of open space, in the R-80 Zoning District. Additional Comments: You should have the proposed bond estimate from June 23,2010 already. f, i CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing?Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 11, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: We are enclosing an Open Space Conservation Easement for your review.I followed the format but have made number of revisions. I believe they are appropriate for this 2-lot subdivision on 11 acres. Very truly yours, CRC:ik Charles R. Cuddy Enclosure A '1 Southold To'w� � ', Pl�nntin�oa�c ,.,.v.----- OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the of 2010 at Southold,New York. The parties are Aries Estates, LLC a New York limited liability company with office at 535 West 23rd Street,New York,NY 10011 (herein called"Grantor") and the Town of Southold, a municipal corporation,having a principal office at 53095 Main Road, PO Box 1179, Southold,NY 11971 (herein called"Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York, identified as SCTM41000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Aries Estates, LLC prepared by Howard Young, Land Surveyor, last dated ,which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the"Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation, the Southold Town Planning Board has required this Open Space Conservation Easement be placed over Acres portion of the subject property described in Schedule A, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the " Open Space Conservation Easement Area" and hereinafter referred to as the"Easement Area;"and Whereas, as a condition of said approval,the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office rim i g q the I t AUG 3 2010 Southold Town Planning Po?,`{ aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants,transfers and conveys to Grantee, an Open Space Conservation easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Are, more particularly described in and designated in Schedule A annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule A, and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose,regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each corner. 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyne -2- This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions,rights,terms, and conditions recited herein. Reference to this"Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights,terms and conditions. 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents,tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word"Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee"when,used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement,the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Grading and'Removal of Materials, Mining -3= The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, aor other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting (for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants, b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c) to post the Easement Area to control unauthorized entry or use, or(d)to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Ve etg a Except for farming and landscaping as set forth at Section 4.04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. -4- 3.08 Commercial Livestock Except as provided in Section 4.04 hereof,the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Utilities The creation or placement of overhead utility transmission lines, utility poles is prohibited, except to service structures or activities as provided in Section 4.04 hereof. Utilities must be installed underground. 3.10 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.11 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.12 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. -5- 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas, tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. 4.05 Notice Grantor shall notify Grantee, in writing, ninety(90) days before exercising any reserved right with respect to the Easement Area,pursuant to Section 4.04. This includes the construction of any strictures and clearing of trees as provided in Section 4.04 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures,which are subject to the Southold Town Planning Board approval. The request for approval shall describe the nature, scope, location,timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit the Planning Board to evaluate the proposal. This notice is in addition to any other governmental applications and/or approvals that may be required by the easement or by the Town Code of the Town of Southold. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or -6- municipal charges,which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold harmless for any liability, costs, attorney's fees, judgments or expenses to Grantee or any of its officers , employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Pg1y Claims Grantor shall indemnify and hold Grantee harmless for nay liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty (3 0) days to Grantor, unless Grantee determines that immediate entry is required to prevent,terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require -7- Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant r obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided,however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. -8- 6.04 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing, the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. -9- 7.04 Notice All notices required by this Easement must be written.Notices shall be delivered by hand or express, certified or registered mail,return receipt requested, r by certified mail,with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office,recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other parry's attorney.No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shal survive its execution. -10- 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions,negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. Aries Estates, LLC By: Shawn Tully, Member/Grantor Town of Southold(Grantee) By: Supervisor STATE OF NEW YORK ) ss.. COUNTY OF ) -11- r^, On the day of in the year 2010, before me, the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK) On the day of in the year 2010, before me, the undersigned, personally appeared ,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public -12- ( COVER SHEET TO ACCOMPANY CONTRACTS LEASES C&Rs, AND EASEMENTS SENT TO THE TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: Date: a—m—e/Depaftm nttCqhfact Number Availability to conference if necessary: Date signature needed: Type: Contract Lease Easement ,�CC&Rs Other Renewal: Yes No If yes, expiration date of prior contract: Between Town and Term of contract Describe nature of contract or detail information relevant to review: J Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution Required: Draft attached To be drafted by TA Office 012 _ L moe W CHARLES R.CUDDY ` � � 1'JeM A. c' ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net July 21, 2010 Ms. Tamara Sadoo,Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: In accordance with our meeting discussion regarding the above subdivision, we have revised the Declaration of Covenants and Restrictions and enclosed it for your final review. Please advise if it is satisfactory so we may record it with the Suffolk County Clerk. Very truly yours, aAr 2010 3uV 2 Charles R. Cuddy CRC:ik Enclosure t DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of ,2010,by Aries Estates,LLC a New York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS,the DEQLAR-ANT is the owner in fee simple of certain real property situate at East Marion, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best-interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,does hereby make known,admit,publish;covenant,and agree that the lots 1 and 2 within the Subdivision Map of Shawn Tully which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal Page 1 of 4 representatives, distributees, successors, and assigns,to wit: 1. The owner of lot 1 as shown an the subdivision map to be filed with the Suffolk County Clerk shall have an easement for ingress and egress as well as for utilities over that area designated as "common driveway easement." 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot.Maintenance includes but is not limited to repairing with fill,clearing and snow plowing. In addition the right of way from the subdivision easterly line to NYS Route 25 shall be kept open for emergency vehicles by trimming overgrowth. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted on Open Space Area as more fully described in the Open Space Conservation Easement recorded with the Suffolk County Clerk. 6. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 7. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES) Program. 8. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXH, Farmland Bill of Rights, of the Southold Town Code. Page 2 of 4 9. All utilities must be located underground. 10. Pervious driveways and the access right of way designated as"common driveway easement" shall be used to serve each of the lots on the approved subdivision map. 11. Structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. 12. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 13. Vegetation within the 100'non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above,the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the"wood ramp"access over Lot 2 and a 4&ide beach access from Lot 1. 41 These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be Page 3 of 4 illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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, terminated,revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010, before me, the undersigned,personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 ' o SCHEDULE ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly pointt of Kayleigh's Court; 1. North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... Schedule "A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. 1 CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net July 20, 2010 Martin H. Sidor, Chairman Town of Southold Planning Board PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tull SCTM#1000-22-3-2 Dear Mr. Sidor: Ten (10) months ago Young & Young, by Thomas Wolpert, P.E. prepared and we submitted the draft bond estimate for the above subdivision.I have been advised by the Planning Department that this bond, for minimum improvements, is still under consideration by the-Town Engineer. Would you please look into this matter so we may conclude the subdivision process. Thank you. Very truly yours, 22'all-f`� I - CRC:ik Charles R. Cuddy Enclosure f C� CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK Mailing;Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net July 8, 2010 Ms. Tamara Sadoo, PlannerLS� Town of Southold Planning Department t� --2f— PO �_ _ PO Box 1179 0(/L _ 9 t . Southold,NY 11971 ,, ZO10 6y, Southold To,,,n Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully—.-._.._.A Fiann,�oars r! SCTM#1000-22-3-2 Dear Ms. Sadoo: With reference to the above subdivision,we are enclosing seven(7)prints of the Final Plat and seven (7)sets of the Final Road and Drainage Plan lat dated June 25,2010, along with an Application for Final Plat Approval. Very truly yours, Charles R. Cuddy CRC:ik Enclosure ( COVER SHEET TO ACCOMPANY CONTRACTS, LEASES, C&Rs, AND EASEMENTS SENT TO THE TOWN ATTORNEY'S OFFICE FOR APPROVAL Sent by: / Date: q 2 Name/Department/Col act Number Availability to conference if necessary: Date signature needed: &t 10 Type: Contract Lease Easement ,�CC&Rs Other Renewal: Yes No If yes, expiration date of prior contract: Between Town and Term of contract Describe nature of contract or detail information relevant to review: n - PIP 0)Y eS.U,cl�v� Please attach any other relevant correspondence or documents by and between the Town and other party. Resolution Required: Draft attached ' To be drafted by TA Office I E JUL 222010 I Southold To�vn Planning Board 0Q pts CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 PAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net July 21, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: In accordance with our meeting discussion regarding the above subdivision, we have revised the Declaration of Covenants and Restrictions and enclosed it for your final review. Please advise if it is satisfactory so we may record it with the Suffolk County Clerk. �i F l� i �i',1, Very truly yours, s U 2 2 2010 Charles R. Cuddy CRC:ik Enclosure P DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of ,2010,by Aries Estates,LLC aNew York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at East Marion, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions.be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,does hereby make known,admit,publish,covenant,and agree that the lots 1 and 2 within the Subdivision Map of Shawn Tully which map is to be filed with the Suffolk County Clerk shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal Page 1 of 4 representatives, distributees, successors, and assigns, to wit: 1. The owner of lot 1 as shown an the subdivision map to be filed with the Suffolk County Clerk shall have an easement for ingress and egress as well as for utilities over that area designated as "common driveway easement." 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot. Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. In addition the right of way from the subdivision easterly line to NYS Route 25 shall be kept open for emergency vehicles by trimming overgrowth. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. SSwU,t@� 5. j There shall be no residential structures permitted on Open Space Area as more fully described in the_Ope Sn pace Conservation=Easem`en, recorded with the Suffolk County Clerk. 6. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 7. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES) Program. I 8. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article-XXII, Farmland Bill of Rights, of the Southold Town Code. Page 2 of 4 9. All utilities must be located underground. 10. Pervious driveways and the access right of way designated as"common driveway easement" shall be used to serve each of the lots on the approved subdivision map. 11. Structures with impervious materials shall assist to control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. 12. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant-plants., 3: �getation within the 100'non-disturbance/non-fertilization buffer area as shown on the subdivision map to be filed with the Suffolk County Clerk shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above, the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation and as set forth"In Native/Natural Buffer Plantings Specifications" subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of an kin ibited, except to maintain the"wood ramp"access-over Lot a.4" wide beach access from Lot These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be Page 3 of 4 J- , \ illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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 hilly-`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, terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. -IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. _ Aries Estates,LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010,before me,the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 r ` t t SCHEDULE ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1. North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... r � Schedule "A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. SCOTT A. RUSSELL V JAMES A. RICHTER, R.A. SUPERVISOR ENGINEER TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 c', Fax. (631)-765-9015 Tel.(631)-765-1560 JAMIE.RICHTER@TOVVN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ,V)M AUG 2 5 Martin H. Sidor June 29,�901 0 Chairman - Planning Board Page 1 �of Town Hall, 53095 Main Road Southold, New York 11971 Re: Aries Estates Tully Standard Subdivision SCTM#: 1000—22—03- 02 Dear Mr. Sidor: As per a request from your office, I have reviewed the final road&drainage plan for the above referenced project. This Site Plan has been prepared by the office of Young & Young and has been dated August 11, 2009. Please consider the following: 1. The proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. Therefore, this project will require coverage from New York State Department of Environmental Conservation (DEC)under the Phase 11 State Pollutant Discharge Elimination System (SPIDES) Program. The Developer must submit a Notice of Intent(NOI)and obtain coverage under the SPIDES GENERAL PERMIT FOR STORMWATER DISCHARGES from the DEC. Coverage under this CONSTRUCTION ACTIVITY Permit#: GP-0-10-001 is required prior to the commencement, of any work. Please note, the Town of Southold is a regulated,traditional land use control MS4. Therefore,the applicant must also submit an MS4 SWPPP Acceptance Form to the Town of Southold for review and approval prior to submission of the NOI to the DEC. If there are any questions regarding this DEC Permit, please refer to the DEC Website under Stormwater Permit for Construction Activity. 2. Site Access forthis proposed subdivision is limited. The right-of-way extending from Kayleigh's Court in a northerly direction toward this proposed subdivision is shown as sixteen(16),feet in width. This Right of Way currently accesses four(4)lots. The proposed creation of two (2) additional lots would exceed the access requirements found in the Highway Specifications. At this time, the property to the west and immediately adjacent to the property that will be subdivided is owned by the applicant. My office recommends that the proposed new right-of-way for access to this subdivision be changed. It should be designed to cross the southerly portion of the applicant's property in an east/west direction to achieve access to Stars Road. This access point would be an improvement related to Life Safety Issues and required access by Emergency Equipment. This modification would also remove the conflict with the minimum requirements of the Town's Highway Specifications. 3. If item # 2 above is not possible, it is recommended that the dirt road within the existing 16' right-or-way be improved to meet the minimum construction standards found in the Highway Specifications for access to four lots. This will require additional clearing of the overgrown vegetation along this right-of-way and the placement of a new, 16' wide blue stone wearing surface along the entire length. And, because this road lies immediately adjacent to fresh water wetlands located to the east, new drainage structures will also be required to meet the requirements of the SPIDES GENERAL PERMIT FOR STORMWATER DISCHARGES. Please keep in mind that this adjacent property contains an abundant amount of fresh water wetlands and is currently under the stewardship of the Peconic Land Trust. Martin H. Sidor, Chairman - Planning Board June 29, 2010 Re: Aries Estates/Tully Standard Subdivision SCTM#: 1000—22—03—02 Page 2 of 2 4. This current access for the proposed Subdivision is shown on the plan heading in a northerly direction where it turns 900 to the West just prior to Lot# 2. Currently, existing conditions show that this left turn encroaches into and over the corner of the adjacent lot (SCTM#: 1000-22-03-8.2). Even if the existing ROW is improved as recommended,there will still be a tendency to crossover the corner of this adjacent property. I would recommend that the Planning Board require the applicant to negotiate a legal right of access over this corner to eliminate this encroachment issue. 5. At the same location noted in item#4 above, the map shows an existing 10' wide Easement extending through the adjacent property(SCTM#: 1000-22-03-4). The map also calls for a proposed new ROW that is described with Meets & Bounds descriptions which appear to be at lease 25' in width. I did ask this question in my last report but, has the applicant provided legal documents to indicate that the adjacent property owner has given there consent to this amendment? 6. Is the Planning Board discussing Crossover Agreements for future actions that may be considered by the Planning Board? If the adjacent lots on either side of this proposed subdivision are ever before the Board, there may be a benefit to allow for multiple access points to serve other lots in this vicinity. Due to the restricted nature and the number of lots being served by a narrow ROW, there should be a discussion to covenant the current applicant with a requirement to open all easements and/or ROW's under his ownership in this area to ensure the access of emergency equipment. 7. Drainage calculations have been provided for the new ROW/Easement area within- the property to be subdivided. These calculations and drainage designs should be extended to include the improvements made to the ROW between Kayleigh's Court and the' , subdivided property. Drainage Structure Details should also be provided on a final road & drainage plan. See item number 3 above. 8. The Draft Bond Estimate submitted by the applicant should be amended and updated to include the additional work required for improvements to the existing access roadway. If you have any questions regarding this Subdivision Review, please contact my office. �n erely, mes A. Richter, R.A. cc: Peter Harris (Superintendent of Highways) Southold Town TRUSTEES CHARLES R.CUDDY1. ATTORNEY AT LAW Y 445 GRIFPING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 24, 2010 ;JUR 480 Ms. Tamara Sadoo, Planner Town of Southold Planning Department � PO Box 1179 Southold,NY 119 71 �Pla�nntng �Nn Re: Proposed Standard Subdivision of Aries Estates/Sha�v�i'�")1`UgryV z ard SCTM#1000-22-3-2 Dear Ms. Sadoo: In accordance with the Planning Board's resolution granting conditional preliminary approval, we have amended the Declaration of Covenants and Restrictions by adding paragraph 13. Please confirm that this Declaration meets with your approval. If appropriate, I would like to meet with you to review the Declarations and any other outstanding requirements for this subdivision. We would very much like to obtain approval within the next 2 months. Very truly yours, 014�411 V_ � Charles R. Cuddy CRC:ik Enclosure s DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made this day of ,2010,by Aries Estates,LLC a New York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at East Marion, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A, which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,does hereby make known, admit, publish, covenant, and agree that the lots 1 and 2 within Subdivision Map of Shawn Tully shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors, and assigns, to wit: Page 1 of 4 1. The clustered subdivision open space on Lot 1 is equal to .08 acres or 3,199 square feet and is included within the open space area of Lot 1. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot.Maintenance includes but is not limited to repairing with fill, clearing and snow plowing. In addition the right of way from the subdivision easterly line to NYS Route 25 shall be kept open for emergency vehicles by trimming overgrowth. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted on Open Space Area located within Lot 1 and 2 as shown on the approved and filed subdivision map. 6. Pursuant to Chapter 236 Stormwd ater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 7. Prior to any construction activity, the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES) Program. 8. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9. All utilities must be located underground. 10. Pervious driveways shall be used to serve each of the lots on the approved Page 2 of 4 subdivision map. 11. Structures with impervious materials shall assist to control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. 12. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. 13. Vegetation within the 100' non-disturbance/non-fertilization buffer area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property.Notwithstanding the above,the non-disturbance/non-fertilization vegetation buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the "wood ramp" access over Lot 2. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and Page 3 of 4 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 or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated, revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010, before me, the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 r SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1. North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... Schedule"A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island,Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. MAILING ADDRESS: PLANNING BOARD MEMBERS �QF SO�rP.O. Box 1179 MARTIN H.SIDOROHO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 JOSEPH L. L EENDOIiYCOU � � (cor.MaSouthold, R h ld, NuYngs Ave.) DONALD J.WINSHI Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter,Engineering Inspector From: Tamara Sadoo Date: June 23,2010 Re: A ties Estates Standard Subdivision Application Name: Shawn Tully Tax Map Number: 1000-22-3-2 Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Type of Application: Sketch Subdivision Map (Dated: ) X Preliminary Subdivision Map (Dated: 4/20/20101 Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated:— Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots,where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres,including 4.6711 acres of open space,in the R-80 Zoning District. Additional Comments: The applicant has submitted a Draft Bond Estimate for your review. Thank you for your cooperation. 4 September 14, 2009 DRAFT BOND ESTIMATE Prepared for Shawn Tully at East Marion, Town of Southold, New York (Based on Reduced Density/Cluster Preliminary Plat last dated August. 11, 2009) Item Item Descrltition OtK- & Unit Unit Price Total 1 Clearing & Grubbing 2 Rough Grading/Unci. Excavation 1.0 Acres $2,500.x0 $2,500.00 3 Fine Grading 1,435 C.Y. $2.00 $2,570.00 4 Leaching Catch Basin - 1Q' Dia. 3,450 S.Y. $1.50 $5,175.00 5 Compacted Soil Sub-Base - 6" 4 Each $2,000.00 $8,000.00 6 3/4" Stone Blend Wearing Course 3450 S.Y. $1.50 $5,175.00 7 Topsoil &Seed 195 C.Y. $30.00 $5,350.00 1,900 S.Y. $2.00 $3,800.00 Sub-Total = $33,370.00 + 6 %Administration Fee = $2,002.20 TOTAL = $35,372.20 - Excludes Water Main, Electric, Gas & CATV September 14, 2009 DRAFT BOND ESTJMATE Prepared for Shawn Tully at East Marion, Town of Southold, New York (based on Reduced Density/Cluster Preliminary Plat last dated August. 11, 2009) Items Item Description QtY. & Unit Unit Price Total 1 Clearing & Grubbing 1.() Acres $2,500.00 $2,500.40 2 Rough Grading/Uncl. Excavation 1,435 C.Y. 3 Fine Grading $2.00 $2,870.04 3,450 S.Y. $1.50 $5,I75.00 4 Leaching Catch Basin - 10' Dia, 5 Compacted Soil Sub-Base - 6" 4 Each $2,000.00 $8,004.40 6 3/4" Stone Blend Wearing Course 3454 S.Y. $1.50 $5,175.00 7 Topsoil &Seed 195 C.Y. $30.00 - $5,850.00 1,900 S.Y. $2.00 $3,800.00 Sub-Total = $33,370.00 + 6 %Administration Fee = $2,002.20 TOTAL = $35,372.20 -" *Excludes Water Main, EIectric, Gas & CATV CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 21, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: We would like to proceed with obtaining final approval for the above subdivision as soon as possible.We have submitted a bond estimate and ask you to advise whether this will be adopted by Jamie Richter, Town Engineer. Then we can determine the administrative fee and forward that to you. Very truly yours, CRC:ik Charles R. Cuddy Enclosure 's� A Li JUN 2 2 2010 iQ�J''a 117c ]771" CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIF14NG AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 17, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PC Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: Thank you for forwarding the resolution granting conditional preliminary approval to the map of Aries Estates/Shawn Tully.I note the resolution referred to that the DEC permit was required.Please note that under dates of January 22,2009,and July 23,2009,copies of DEC Permit were submitted to you. Please advise if you need any additional copy in order to complete your file. Very truly yours, CRC:ik Charles R. Cuddy Enclosure 't' ti' UN 21 2010 tart �; J MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 MARTIN H.SIDOR Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH EDWARDS 54375 State Route 25 DONALD J. WILCENSKI JOSEPH L.TOWNSEND (cor.Main Rd.&Youngs Ave.) Southold,NY Telephone:6317,65-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Conditional Preliminary Approval: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1 000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, June 14, 2010: WHEREAS, this proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District; and WHEREAS, an application and fee for Sketch Approval was submitted on May 31, 2006; and WHEREAS, on Jandary 8, 2007, the East Marion Fire District Board of Commissioners issued a letter "requiring that a fire well be located 200' of each building envelope and access to the well site be provided" and "that the access roads are a minimum of 20' wide and 20' high per NYS Law"; and WHEREAS, on January 9, 2007, the Southold Town Planning Board agreed to allow the proposed Open Space to be individually attached to each of the proposed two lots in this instance only for the purpose of creating a reduced density clustered subdivision; and WHEREAS, on March 10, 2008, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and J Aries Estates Page Two June 15, 2010 WHEREAS, on April 7, 2008, the East Marion Fire District Board of Commissioners inspected the entrance road which runs north from Kayleigh's Court and "found access for emergency equipment satisfactory"; and WHEREAS, the access roads must be maintained to a minimum of 20' wide and 20' high clearance devoid of structures or vegetation per East Marion Fire District Board of Commissioners and New York State Law; and WHEREAS, on April 1, 2008, the Town of Southold Board of Trustees issued a Letter of Non jurisdiction for the proposed action; and WHEREAS, on April 3, 2008, the New York State Department of Environmental Conservation issued a Notice of Need for a Tidal Wetlands Permit for the proposed action; and WHEREAS, on May 7, 2008, the Suffolk County Department of Planning resolved to "disprove the action pursuant to Section A14-24 of the Suffolk County Administrative Code" and issued the following comment: "Several tax map parcels in the vicinity have similar access issues to this proposal. The Town may wish to consider the preparation of a "block study" or mini "Master Plan" for the area, wherein unified coordination of the development of a public right-of-way can be made possible via incremental implementation of the Plan"; and WHEREAS, the Planning Board has requested that the comment be implemented and determined that the action is not feasible due to the unwillingness of the property owners whom gain access over the right-of-way; and WHEREAS, on May 19, 2008, the Southold Town Planning Board considered the comment made by the Suffolk County Planning Commission and, due to the unwillingness of the adjacent property owners whom gain access over the right-of-way, agreed to over-rule the comment; and WHEREAS, on May 19, 2008, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, granted a Negative Declaration for the proposed action; and WHEREAS, on May 19, 2008, the Southold Town Planning Board granted Sketch Plan Approval upon the map entitled Subdivision Map of Shawn Tully prepared by Howard Young, L.S., dated March 30, 2006 and last revised January 21, 2008; and WHEREAS, on February 9, 2009, the Southold Town Planning Board granted an extension of Sketch Plan Approval upon the map entitled Subdivision Map of Shawn Tully prepared by Howard Young, L.S., dated March 30, 2006 and last revised January 21, 2008 from May 19, 2008, to May 19, 2009; and Aries Estates Page Three June 15, 2010 WHEREAS, on May 15, 2009, the applicant submitted an application for Preliminary Approval; and WHEREAS, on July 29, 2009, the Southold Town Planning Board reviewed and accepted the preliminary application for review; and WHEREAS, on August 28, 2009, the Southold Town Planning Board referred this application to the Southold Town Trustees for verification of top of bluff line based upon where the applicant had staked the top of bluff on the above-referenced property; and WHEREAS, on September 21, 2009, the Southold Town Trustees submitted a memo to the Southold Town Planning Board stating that the top of bluff line was found to be accurate; and WHEREAS, on October 5, 2009, the Southold Town Planning Board submitted a memo to the Southold Town Trustees in response to the Southold Town Trustees memo, dated September 21, 2009, requesting a joint Southold Town Planning Board/Trustees site visit to verify the accuracy of the top of bluff line; and WHEREAS, on October 6, 2009, the Suffolk County Department of Health Services issued an approval for the above-referenced proposed subdivision; and WHEREAS, on November 4, 2009, a joint Southold Town Trustees and Planning Board visit was conducted; and WHEREAS, based upon the November 4, 2009 site visit, the Southold Town Planning Board recommended that a 150' (foot) non-disturbance buffer be located landward from the staked and accepted top of bluff line to prevent further erosion of the bluff taking place; and WHEREAS, on February 11, 2010, the applicant requested that the Southold Town Planning Board consider requiring only a 100' (foot) non-disturbance buffer as previously requested in Sketch Approval as the additional 50' (feet) would be more than necessary to prevent erosion of the bluff as the erosion mainly occurs on the easternmost portion of the bluff and not the full length of the bluff; and WHEREAS, on March 9, 2010, the Southold Town Planning Board agreed with the 100' (foot) non-disturbance'buffer along the length of the entire bluff and further requested that the applicant submit a re-vegetation plan for the 100' (foot) non-disturbance buffer; and WHEREAS, on April 16, 2010, the applicant submitted revised Covenants and Restrictions and an Open Space Easement for review by the Southold Town Planning Board; and WHEREAS, on April 20, 2010, the applicant submitted an Erosion Mitigation Plan; and r , Aries Estates Page Four June 15, 2010 WHEREAS, on May 7, 2010, the Southold Town Planning Board conducted a site visit to the above-referenced property to review the Erosion Mitigation Plan submitted by the applicant; and WHEREAS, on May 10, 2010, the Southold Town Planning Board, based upon the Erosion Mitigation Plan submitted and the site visit conducted on May 7, 2010, accepted the Erosion Mitigation Plan as proposed by the applicant on April 20, 2010 and further requested that the applicant submit a revised Yield Map for the proposed standard subdivision; and WHEREAS, on June 9, 2010, the applicant submitted a revised Yield Map for the proposed standard subdivision as requested by the Southold Town Planning Board; and WHEREAS, on June 14, 2010, the Southold Town Planning Board reviewed and accepted the Yield Map submitted by the applicant; be it therefore RESOLVED, that the Southold Town Planning Board hereby approves the revised Yield Map submitted on June 9, 2010 prepared by Howard Young, L.S., dated June 7, 2010; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Approval upon the map entitled "Reduced Density/Cluster Preliminary Plat" for Shawn Tully, prepared by Howard Young, L.S., dated August 14, 2009 and last revised on April 6, 2009, subject to the following conditions: 1. Submission of the application and fee for Final Plat Approval. 2. Submit a Final Plat with a notation on the map indicating the following: Depiction of a 100' non-disturbance/non-fertilization buffer landward from the top-of-bluff line 1/b Include the following language on the Final Plat: "Vegetation within the 100' non-disturbance/non-fertilization buffer area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above, the non-disturbance/non- fertilization vegetation buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the "wood ramp" access over Lot 2". c9. Show the limits of clearing on each proposed lot pursuant to Southold own Code §240-49 (A). Clearing. Show a turn-around at the terminus of the right-of-way pursuant to Southold Town Code §240-45. Lots; streets; common driveways; flag lot esign. A T-turn-around is acceptable. e Add a table showing the right-of-way acreage included within Lots 1 and 2. Aries Estates Page Five June 15, 2010 3. One Draft Performance Bond estimate pursuant to §240-32 including: V a. The amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, including but not limited to road clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. Submission of the Administration Fee as required by Southold Town Code §240- 37 Administration Fee. Submission of a Park and Playground Fee in the amount of$7,000.00 made �� payable to the Town of Southold as required by Southold Town Code §240- 4(G). Inclusion of the following language into Draft Covenants and Restrictions to be submitted to the Planning Board: "Vegetation within the 100' non-disturbance/non-fertilization buffer area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above, the non-disturbance/non-fertilization vegetation buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the "wood ramp" access over Lot 2". Preliminary Plat Approval is valid for six months. Within six months of the date of this approval, a Final Plat Application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, �l Martin H. Sidor Chairman WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 14, 2010 4:00 p.m. 4:00 p.m. Review Public Meeting Agenda 4:15 p.m. Site Plans & Subdivisions ["Project name: -William Penny ...... enn _(TidX Car SCTM#: ', 1000-55-5-2.2 ' Location: s/w corner of Route 48 and Youngs Ave. Southold t Description: ; The applicant requests to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in the General Business Zoning District. Status_ _ _ Amended Site Plan Action: ; Review site plan and recommend for the Planning Board to accept the— application for review and start the referral process. Attachments: Staff Report Project named _James Creek Landing — �� SCTM#: 1000-122-3-1.4 Location: on the west side of Main Road, approximately 280' south of New Suffolk _ __ ,, Avenue, in Mattituck Description: This proposal is to subdivide a split-zoned parcel into five lots where Lot 1 equals 40,686 sq. ft.; Lot 2 equals 33,007 sq. ft.; Lot 3 equals 44,986 sq. ft.; ands Lot 4 equals 43,520 sq. ft. in the R-80 Zoning District. Lot 5 equals 77,747 sq. ft., and is located in the B Zoning District. The open space is equal to 5.59 acres or' 60% of the upland area I_—Status -- ------ --- -- -�� : _ _ _ _ Sketch Approval _ Action: _ _Review preliminary maps submitted_ Attachments_ ; Staff Report...... i Project name: Aries Estates/Tully SCTM#: ! 1000-22-3-2 Location: s at the westerly terminus of a private right-of-way which extends north from ; Kayleigh's Court in East Marion Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R- ; 80 Zoning District. - ----- -- -- - - ----- ; Sketch Approval ' Action: Review/Accept revisediy eld map. None Attachments: _ - ` §U/0 CHARDS R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net June 8, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCT'M#1000-22-3-2 Dear Ms. Sadoo: Pursuant to your request, enclosed please find five (5)prints of the Alternate Standard/Yield Map dated June 7, 2010. Very truly yours, CRC:ik Charles R. Cuddy Enclosure ,..-. r. ti - r, 1 f Southold Town Planni�goard Work Session Agenda—617/10 Apge Three Project name: F.I. Utility Co. SCTM#: 1000-6-3-9, 6.1 & 7 Location: No # Central Avenue Description: Proposed lot change where SCTM#1000-6-3-9 totaling 4,420 sq. ft. will transfer 2,210 sq. ft. to SCTM#1000-6-3-6.1 and 2, 210 sq. ft. to SCTM#1000-6-3-7. After completion of a lot line change, SCTM#1000-6- 3-6.1 which is pre-existing & non-conforming at 39,639 sq. ft. (.91 acres), will become less non-conforming by increasing in area in the R- 80 Zoning District with a new area total of 41,817 sq. ft. (.96 acres) and SCTM#1000-6-3-7 will increase in size from 166,399 sq. ft. (3.82 acres) to 168,577 sq ft. (3.87 acres). SCTM#1000-6-3-9 will no longer exist. Status: Open Action: Review draft final resolution. Attachments: Draft Resolution Project name: Adi ietro, Robert SCTM#: 1000-74-3-16 Location: on the a/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic Description: This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. Status: Conditional Preliminwy Approval Action: Review draft conditional final resolution. Attachments: Draft Resolution Project name: Highland House FI, LLC SCTM#: 1000-9-11-7.12 Location: corner of Ocean View and Heathulie Avenues, F.I. Description: This proposal is to subdivide a 4.56 acre into 2 lots where Lot 1 would total 80,390 sq. ft. and Lot 2 would total 118,289 sq. ft. in the R-80 Zoning District. Status: Open Action: I Review draft conditional sketch resolution. Attachments: Draft Resolution Project name: Aries Estates/Tully SCTM#: 1000-22-3-2 Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Description: This proposal is for a standard subdivision of an 11.4418-acre parcel I into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. Status: Sketch Ap roval Action: Review draft conditional preliminary resolution/draft letter re: revised i yield map. Attachments: I Draft Resolution I For Discussion: 1. Accessory Apartment Local Law comments to the Town Board 2. Night Fishing Parking Permit Local Law comments to the Town Board 3. Executive Session: legal matter discussion with Town Attorney CHARLES R.CUDDYn ATTORNEY AT LAW 445 GRIFHNG AVENUE RIVERHEAD,NEWYORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 27,2010 Ms.Tamara Sadoo,Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: We are enclosing two(2)prints of the yield map and wish to bring to your attention the following in connection with this 2 lot subdivision on 11.44 acre site: 1. In May 2006,the subdivision application was submitted to the Planning Board together with a check in the sum of$2,000 and eight(8)prints of a subdivision map; 2.In July 2006, SEQRA coordination was initiated; 3. In 2008 the East Marion Fire District approved the subdivision plan; 4. In May 2008 a SEQRA determination of non-significant(negative declaration)was granted; 5.Further in May 2008,the Planning Board granted sketch plan approval; 6.In May 2009,a preliminary application along with a preliminary map and a check in the sum of$1,000 was submitted; 7.In January 2009,DEC approval was received and forwarded to you. 8.In October 2009,the Suffolk County Department of Health Services granted subdivision approval. 9.The applicant has submitted the performance bond estimate as well as the required covenants and road and drainage plan; 10. In April 2010,the applicant delivered a mitigation plan for the bluff erosion area. The applicant is prepared to submit a park and playground fee of$7,000. The applicant here has virtually completed every requirement for final subdivision approval and yet has not received approval of the preliminary map. I again request that a resolution granting preliminary approval be placed upon the Planning Board's agenda for its June 14,2010 meeting. .Very truly yours, _Ch Arles R. Cuddy CRC:ik Enclosure ". Sou'ihnld Town , l Southold Town Planning Board Work Session Agenda—5/24/10—Page Two Subdivisions Project name: Aries Estates/Tull SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from Ka lei h's Court in East Marion Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of _open s ace, in the R-80 ZoningDistrict. Status: Sketch A roval Action: Review letter to applicant requesting revised yield map. Attachments: Draft Letter ° Project name: Noone, Margaret SCTM#: 1000-143-1-4.1 Location: 210 Si sbee Road, Mattituck Description: Proposed 2 lot subdivision where Lot 1 would total 10,501 sq. ft. and Lot 2 would total 10,515 sq. ft. in the R-40 Zoning District. Status: Oen Action: Accept application for review. Attachments: Staff Report, Project name: F.I. Utility Co. & Tri pe SCTM#: 1000-6-3-6.1, 7 & 9 Location: No# Central Avenue Description: Proposed lot change where SCTM#1000-6-3-9 totaling 4,420 sq. ft. will transfer 2,210 sq. ft. to SCTM#1000-6-3-6.1 and.2, 210 sq. ft. to SCTM#1000-6-3-7. After completion of a lot line change, SCTM#1000-6- 3-6.1 which is pre-existing & non-conforming at 39,639 sq. ft. (.91 acres), will become less non-conforming by increasing in area in the R- 80 Zoning District with a new area total of 41,817-sq. ft. (.96 acres) and SCTM#1000-6-3-7 will increase in size from 166,399 sq. ft. (3.82 acres) to 168,577 sq. ft. 3.87 acres). SCTM#1000-6-3-9-will no longer exist. Status: Oen Action: Accept application: 'Attachments: Staff Report For Mscussion: Town Code amendments to the Accessory Apartment Code YOUNG &YOUNG Telephone 631-727-2303 400 Ostrander Avenue Facsimile 631-727-0144 Riverhead, New York 11901 admin@youngengineering.com HOWARD W YOUNG, Land Surveyor __;Io THOMAS C. WOLPERT, Professional Engineer � ROBERT C. TAST,Architect DOUGLAS E.ADAMS, Professional Engineer May 7, 2010 ATTN: Ms. Tamara Sadoo Town of Southold Planning Department 54375 Route 25 P.O. Box 1179 Southold, New York 11971 RE: Subdivision Map SHAWN TULLY at East Marion, T/O Southold, New York (06-0033) Dear Ms. Sadoo: Pursuant to your request, enclosed is one (1) print of the Standard/Yield Map (Sheet 2 of 4) dated March 8, 2006 & one (1) set of the ERSAP Map (Sheets 3 & 4 of 4) last dated May 6, 2010, prepared for the above referenced project. ery truly your , Howard W. Young HWY/mal Encl. cc: Charles R. Cuddy, Esq. M AY 10 2010 Planning Engineering Land Surveying Architecture WORK SESSION AGENDA , SOUTHOLD TOWN PLANNING BOARD Monday, May 10, 2010 4:30 p.m. 4:30 p.m. Review Public Meeting Agenda 4:45 p.m. Site Plans & Subdivisions Pect name: _; T-Mobile Northeast 1 SCTM#: ` 1000-109-2-17.1 - - Location: The Presbyterian Church or Societ of Cutcho ue, 27245 Main Road I Description: The applicant requests co-location of a public utility wireless { communication facility having interior mounted antennae within an [ existing church steeple and a related storage equipment area screened i i from-view. As part of the application, the applicant proposes to remove and replace a portion of an existing church steeple to match the existing church building on a 0.91-acre site located in the R-40 Zoning District. I Status: _ ; Site Plan review Action: �-- __ j Review new submission. Attachments: i Letter from Applicant; Hand-Out Packet Project name:-- _ I Connecticut Municipal Energy (-SCTM#: 11000-6-8-7 & 3.2 - i Cooperative Location:_ 1866 Central Ave., Fishers Island _ Description: Addition of 993 sq. ft. to the existing 7,144 sq. ft. diesel-electric generator) facility on a 47, 441 sq. ft. parcel located in the Business_ _District. _ ! Site Plan review_ Action: Review draft ZBA comments, Landscape Plan &Town Engineer comments. Attachments: _ Draft ZBA Comments Project name: LAries Estates/Tully _ — SCTM#: 11000-22-3-2 Location: The property is located at the westerly terminus of a private right-of-way ' ; which extends north from Ka r�leih's Court in East Marion. ---- Description: 1 This proposal is for a standard subdivision of an 11.4418-acre parcel into i two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of 3 I open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. Sketch Approval ; Action- Discuss site visit. LAttachments^� �; None_ For Discussion: ❖ 4/12/10 request from Thomas Uhl, Flower Hill Building Corp., to replace two dead pear trees with two rhubrum maple trees on the southeast corner of Jasmine and Blossom Lanes in the Beach Plum Homes conservation subdivision. MAILING ADDRESS: PLANNING BOARD MEMBERS o f SOu P.O.Box 1179 MARTIN H.SIDOR O�� �yOl Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JOSEPH L.TOWNSEND (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI < COUNT`I,� Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 4, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board has reviewed the erosion mitigation plan and report submitted by your client for the above referenced application at the Monday May 3, 2010 Work Session. Based upon this review and staff recommendation, the Southold Planning Board will conduct a site visit to the above referenced property on Friday May 7, 2010 at 9:15 a.m. The purpose of this site visit is to review whether the erosion mitigation plan and proposed plantings and other mitigation measures are sufficient. Please feel free to join the Southold Town Planning Board for this site visit. If you have any further question please do not hesitate to contact this office. Thank ou. Tamara adoo Planner I WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 3, 2010 4:00 p.m. Applications Project name: ; JEMCO Winery ______ Location: 825 Route 25, Greenport. j Description: This site plan is for construction of an 8,419 S.F. building with associated' parking for the purposes of a retail winery on 60.33 acres located in the R-80 Zoning District__ Status: New Site plan Action: Review staff report and site plan materials. Recommend that the Planning Board accepts the application for review and begins the SEQR Attachments: Staff Report. jec Prot name: Regina's Garden i SCTM#:- 120-3-5 -- - - -- - - - - --- –- --- --- - - --- - Location: 1150 Sound Ave, Mattituck Description: Zoning Board of Appeals Request for Comments. Status: : New site plan__ -- - - - - --- - ------ ------ - - Action: Review draft comments Attachments: Draft memo Subdivisions ! Project name: N&L Properties, LP SCTM#: ' 1000-73-01-01 - --- - - ---C - --- '- - - - -- - -- Location: Oregon-Road, Cutchogue Description: Proposed 3 lot standard subdivision on 5.814 acres in the R-80 zoning i district Status: Open ^ ! Action:—_ —_—_; Review yield submission Attachments: ; Send draft letter to applicant re: insufficient yield Project name_ Aries Estates/Tully _ SCTM#: ! 1000- 22_-3-2 Location: The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of ' open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open_space, in the R-80 Zoning District_ - - - - - - - ----- -- - --------- - - - - - j Status: Sketch Approval _ Action: Review erosion mitigation plan submitted Attachments: Staff Report_ 0 r � r ; r 1S ; Wit TU.LLY EROSION REPORT April 15, 2010 1. Erosion has occurred on a very small portion of the bluff face. a. it does appear that trees were removed a good many years ago in area landward of the top of bluff. An area of the land as shown on the plat does slope seaward, but is well vegetated. b. our visual inspection concluded that the erosion was not caused by stormwater runoff. C. there is no evidence of subsurface water flow. d. the area of erosion to be 134 sq. ft. more or less 2. Required items from Planning Boards comment of March 9, 2010 a. the subdivision map indicates the 100 foot non- disturbance buffer b. re-vegetation of the 100 foot i. 100 foot non-disturbance buffer area is well vegetated ii. broadcast seeding may be beneficial iii. excavating to plant trees and/or shrubs would most likely do more harm than good C. "reverse drainage plans" is a term that I never heard in over 50 years of engineering experience A berm is not an appropriate measure to control or contain stormwater runoff. A berm would be most destructive and no intelligent engineer would consider such a measure CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net April 16, 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: Enclosed are five(5)sets of the Reduced Density/Cluster Preliminary Plat last dated April 14,2010, together with the report provided by Young & Young responding to the Planning Board's correspondence dated March 9, 2010. On Sheet 2 there is a mitigation plan for the bluff erosion area. Please advise if this is satisfactory so we may proceed to receive approval. Very truly yours, CRC:ik Charles R. Cuddy Enclosure � Seutinold TovUrr .'. F',ann�ng�oar�__ CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net April 12, 2010 Ms. Tamara Sadoo Planner t s r- Town of Southold Planning Department U PO Box 1179 t APR 6 20 1 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tull Pland Town et A Plan�ing6aa'��y SCTM#1000-22-3-2 e... Dear Ms. Sadoo: We have previously submitted to you an Open Space Covenant. However, the Board's resolution required the standard covenant which we are now submitting.This is in accordance with condition 7 items a through 1 of the resolution. Please advise if this covenant is satisfactory so we may have it signed and recorded. Very truly yours, OeL 1. CRC:ik Charles R. Cuddy Enclosure DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made this day of ,2010,by Aries Estates,LLC a New York Limited Liability Company with office located at 53 5 West 23rd Street,New York,NY 10011,hereinafter referred to as the DECLARANT: WITNESSETH : WHEREAS, the DECLARANT is the owner in fee simple of certain real property situate at East Marion, Town of Southold, County of Suffolk, State of New York, known and designated on the Suffolk County Tax Map as District 1000-22-3-2 and more particularly described on the annexed Schedule A,which real property is the subject of a pending subdivision application; and WHEREAS, for and in consideration of continuing subdivision approval the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of subdivision lots that the within covenants and restrictions be imposed on said lots, and that said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that same will be in the best interests of the DECLARANT and subsequent owners of said lots; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT for the purpose of carrying out the intentions above expressed,does hereby make known, admit,publish, covenant, and agree that the lots 1 and 2 within Subdivision Map of Shawn Tully shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises,their heirs, executors, legal representatives, distributees, successors, and assigns,to wit: Page 1 of 4 1. The clustered subdivision open space on Lot 1 is equal to .08 acres or 3,199 square feet and is included within the open space area of Lot 1. 2. The owners of lots 1 and 2 shall be equally responsible for maintaining the right of way for its entire length from the property line dividing the subdivided lots from the parcel to the east to the terminus of the right of way adjoining the respective dwellings on each lot.Maintenance includes but is not limited to repairing with fill,clearing and snow plowing. In addition the right of way from the subdivision easterly line to NYS Route 25 shall be kept open for emergency vehicles by trimming overgrowth. 3. There shall be no further subdivision of any of the lots as shown on the approved and filed subdivision map, in perpetuity. 4. No future changes shall be made to any of the lot lines shown on the approved and filed subdivision map without approval of the Town of Southold Planning Board. 5. There shall be no residential structures permitted on Open Space Area located within Lot 1 and 2 as shown on the approved and filed subdivision map. 6. Pursuant to Chapter 236 Stormweater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained onsite. 7. Prior to any construction activity,the project will require a General Permit for storm-water run-off from Construction Activity(GP-02-01) administrated by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System(SPDES) Program. 8. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 9. All utilities must be located underground. 10. Pervious driveways shall be used to serve each of the lots on the approved Page 2 of 4 subdivision map. 11. Structures with impervious materials shall assist to control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. 12. Landscaping on Lots 1 and 2 shall include native, disease-resistant and drought- tolerant plants. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 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,terminated,revoked, or amended by subsequent owners of the property unless and until approved by a majority plus one vote of the Planning Board of Page 3 of 4 the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC By: Shawn Tully, Member STATE OF NEW YORK ) ss.. COUNTY OF ) On the day of in the year 2010, before me, the undersigned,personally appeared SHAWN TULLY,personally known to me, or proved to me on the basis of satisfactory evidence,to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 4 of 4 SCHEDULE "A" ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: ' BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1. North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes 20 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 8 8.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; RUNNING THENCE from said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a monument; continued ......... • • J Schedule "A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210'.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: 1. South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 1.8 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 1473.97 feet to the point or place of BEGINNING. MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 MARTIN H.SIDOR O�� y�l Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JOSEPH L.TOWNSEND � (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI �lif'`+oU '� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 9, 2010 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board has reviewed the above referenced application at their March 8, 2010 Work Session. Based upon this review and photographs supplied to the Town Board by both the applicant and staff from a staff site visit conducted on March 5, 2010 to look at erosion issues on the property the following determinations were made: 1) Erosion is occurring on the eaternpotion of the property from multiple factors to include: a. Removal of trees and vegetation above bluff line landward b. Ruts created by storm-water run-off leading to bluff erosion c. Possible sub-surface flow creating bluff erosion 2) Based upon these factors and others that may be contributing to the erosion of the bluff on the eastern portion of the property, the Southold Town Planning Board will require the following itmes from the applicant: a. A 100' non-disturbance buffer from the top of bluff line as flagged by the Southold Town Trustees. b. A re-vegetation plan indicating re-vegetation within the 100' non-disturbance buffer to mitigate run-off seaward and down the sloping area within the 100' non-disturbance buffer towards the bluff. c. A reverse drainage plan in addition to the re-vegetation plan (such as a berm)to further mitigate run-off downwards and seawards towards the bluff. Once the above referenced items have been submitted by the applicant, the Southold Town Planning Board will continue to review the application. If you have any questions, please do not hesitate to contact this office. Thank you, Tamara Sadoo Planner a _ WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 8, 2010 4:3_ 4:30 p.m. Review Public Meeting Agenda 4:45 p.m. Site Plans & Subdivisions Project name: Macari Vineyards ' SCTM#: i 1000-121-1-1.3 Location: ' at the intersection of Bergen Avenue and Sound Avenue, on the north side of Sound Avenue, in Mattituck Description: additions & alterations to an existing winery on a 5.6 acre parcel in the A C Zone ' Status: App ed Site Plan -roved- -- ----- - Action: ; Applicant requests an amendment to the parking area on the approved f site plan. Attachments: - -- ' Project name: New Cingular Wireless/MGH ; SCTM#: 1000-15-9-8.1 ; Enterprises (Orient by the Sea Marina) Location: ; 40200 NYS Route 25, Orient Description: Proposed construction of an 80 ft. monopole public utility wireless facility , ` having internally mounted antenna for two wireless providers, New Cingular Wireless &for Metro PCS, and related_storage equipment area Status: ; New Site Plan Action: Review contract and estimate for Radio Frequency Consultant on the a ' Town's-behalf. Attachments: Contract Project name: ; Zuckerberg, Lloyd P. SCTM# ; 1000-86-1-10.9 Location: 2350 Wells Road, Peconic Description: 80/60 clustered conservation subdivision on 32.83 acres of land. Lot 1 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals ; ' 29.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold Status: Sketch Approval -- - - ----- --------------- ----------------- -- - ----- ------ ---- --- - -- Action: Discuss drainage easement. - - - -- - ---- --- -- - -- - - - --- ---- - - --- - - -- - - - - Attachments: Hand-out of Map ' Project name: ; Aries Estates/Tully ; SCTM#: ; 1000-22-3-2 Location: 3 at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 ; equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District - ----------- - - ---- - ---- - - Status: Sketch Approval------ Action: pproval__--_Action: Discus_s applicant's letter & MT/TS site visit. Attachments: Letter from Applicant/Staff Report CHARLES R.CUDDY P ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: cllar1_es,qtjA4ayjpglzon.net February 8, 2010 ! „� +E Ilj FEB 11 2010 Ms. Tamara Sadoo, Planner Town of Southold Planning Department .." T 1 a PO Box 1179 ' Southold,NY 11971 _���•._ , ____�__ _. Re: Proposed Standard Subdivision of Aries Estates/Sbawn-'Tulty'-'` SCTM#1000-22-3-2 Dear Ms. Sadoo: As you recall I asked Howard Young and Douglas Adams,one of the engineers who works with him, to visit the Aries Estates site (Shawn Tully) to determine the extent of the bluff erosion and what, if any,,remediation was necessary. After examining the site Mr. Young and Mr. Adams concluded that there was no erosion resulting from Long Island Sound and that,in fact,storm water could not reach the area in question.Enclosed is a copy of their report. Messrs. Young and Adams believe that nothing should be done to the site sine adding several wheelbarrows of dirt and planting beach grass will not eliminate the use of the site`bydeer. Up-der the circumstances, I respectfully request that the Planning Board permit the applicant to maintain the existing setback as shown on the subdivision map. The setback includes a non- j disturbance area. r Very truly yours, Charles R. Cuddy CRC:ik _ Enclosure _ - Report February 2, 2010 "Subdivision - Shawn Tully" East Marion, New York S.C. Tax Lot 1000-22-3-2 Subject - Bluff Erosion • We, Howard W. Young, L.S. and Douglas E. Adams, P.E. visited the above referenced site on Monday, February 1, 2010 to ascertain the extent of reputed erosion of the bluff at the northeasterly area of the parcel. • We found a small area of the bluff face has slipped onto the beach. (See Pictures 1 & 2) `N J 11 �fl''w_ 4 { Picture 1 Page 2 Report February 2, 2010 "Subdivision - Shawn Tully" '.l Y �f 1 Picture 2 This slippage appears to be the result of deer traffic as evident by many deer tracks. It is clear that the slippage was not caused by storm water run-off as a study of the topography indicates that storm water could not reach or impact this area. Respectively Submitted, CDPSeD—WA * J r Q x n +� LU )�r (f _ Dou I E. Adams, P.E. o 8os()1 NYS License No. 80897 AROPESS�ONA rt -- Page 1 of 2 Sadoo, Tamara From: Terry, Mark Sent: Friday, December 04, 2009 3:06 PM To: Sadoo, Tamara Subject: FW:Tully/Aries Estates Tamara, See below. Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631) 765-1938 Mark.Terry(a town.southold.ny.us From: Lanza, Heather Sent: Friday, December 04, 2009 3:05 PM To: Terry, Mark Subject: RE: Tully/Aries Estates Can you send this to Tamara,too?Thanks. From: Terry, Mark Sent: Friday, December 04, 2009 3:02 PM To: Lanza, Heather Subject: RE: Tully/Aries Estates See below Mark Terry Principal Planner LWRP Coordinator Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York 11971 (631) 765-1938 Mark.Terry__@town.southold.ny.us From: Lanza, Heather Sent: Friday, December 04, 2009 2:36 PM_ To: Terry, Mark Cc: Tamara' Subject: Tully/Aries Estates Mark, The applicant(through Charles Cuddy)has sent back a letter stating they prefer a revegetation and drainage plan to a 150' setback from the top of bluff. Would that suffice or should the Planning Board hold firm on the 150'. It shouldn't be a matter of debate if that is the best way to deal with it. 12/7/2009 a Page 2 of 2 What do you think? I think they should revegetate and do a drainage plan AND have the 150' setback since they cut down the vegetation to begin with. I agree with this recommendation. The BOT failed to issue a violation for the blatant clearing. The slope is towards the top of bluff and in some areas, stormwater is running down the face of the bluff(another code violation). The drainage needs to be addressed along with a re-vegetation plan that is NOT a landscape plan. Essentially the Planning Board should allow the drainage fix, establish an undisturbed buffer and allow re-vegetation within the identified area. Have you weighed in yet as LWRP Coordinator on this?Is Jamie going to support a larger setback?What is the difference in distance from the top of bluff as we view it versus the Trustees?Is it 50'?If it is less,maybe we can propose a slightly lesser setback than 150'. 1 have not reviewed the proposal and will next week. I will know more after review. If the guy cut everything down already,how is setting everything back another 50' going to block any views? Heather Lanza,AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lana@town.southold.ny.us 12/7/2009 CHARDS R.CUDDY ATTORNEY AT LAW 445 GRIFFTNGAVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 PO.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net December 1, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: Thank you for your letter of November 23, 2009. As I understand it moving further back from the bluff than 100 feet setback was based upon the concern that there was some erosion of the east end of the site. The erosion apparently occurred as a result of removal of vegetation and perhaps old grading of the site. Instead of extending the bluff setback,my client would prefer to submit a re-vegetation and drainage plan which will prevent future erosion. Moving the building envelope another 50 ft. will create a serious visual drawback. Therefore, we propose the above alternative. A plan will shortly be submitted by Young& Young. Very truly yours, Charles R. Cuddy C-RC:ik Enclosure M s i 4 2009. �.� r; r [' _" , , ` . . . ♦ ' "�i'..iyS.BT.fi..-"r'.•u.{..f...m e.......,..Y-.n.r.ay. ±'.+'r#w - _ 4PMAILING ADDRESS: PLANNING BOARD MEMBERS pF so P.O.P.O. Box 1179 MARTIN H.SIDOR �Q l0 Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS �Q 54375 State Route 25 GEORGE D.SOLOMON �� (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND yCOUNT`I,� Southold, NY ' Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 23, 2009 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board has reviewed the above referenced application and the joint Southold Town Planning board and Southold Town Board of Trustees site visit which took place on November 4, 2009 to the above referenced property at their November 16, 2009 Work Session. Mr. Howard Young, L.S. accompanied the group for the joint site visit as well. As you recall, this joint site visit was to confirm the accuracy of the flagged top of bluff line on the property and the proposed jurisdictional setbacks based on the identification of the top of bluff. Based upon the November 4, 2009 joint site visit the Planning Board has recommended that a 150' buffer be put in place from the top of bluff to each of the building envelopes to ensure adequate protection for the proposed construction and to adequately protect the bluff from the building envelopes and associated future construction. The Southold Town Planning Board further recommends that this 150' buffer be placed upon the map for the applicant's review. Once the applicant has reviewed the 150' buffer, notice shall be given to the Planning Board whether the buffer is acceptable or not. If you have any further questions, please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November 16, 2009 4:00 p.m. 4:00 p.m. Site Plans and Subdivisions Project name: Southview Preserve SCTM#: 1000-87-5-21.4, 87-5-21.7, 87-5-21.8, 87-5-21.9, 87-5-21.10 Location: on the south side of Main Bayview Road, approximately 900' east of Cedar Drive,-in Southold Description: Standard subdivision of a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. Status: Conditional Preliminary Approval Action: Review Principal Planner Mark Terry's Recommendations/Comments re applicant's clearing requests. Attachments: Recommendations PEOlect name: Aries Estates/Tull SCTM#: 1000-22-3-2 Location: at the-westerly terminus of a private right-of-way which extends north from Ka lei h's Court in East Marion Description: Standard subdivision of an 11.44-acre parcel into two lots where Lot 1 equals 3.73 acres including 1.43 acres of open space, and Lot 2 equals 7.67 acres including 5.08 acres of open space, in the R-80 Zoning District. Status: Sketch Approval Action: Review Trustee/Planning Board site visit re top of bluff, consider i. recommendation re setback from top of bluff Attachments: Staff Report Project name: James Neumann SCTM#: 1000-107-1-1.1 & 1.2 Location: Mattituck Creek and Mill Road, Mattituck Description: 5 lot standard subdivision Status: , Open Action: ---�—Review alternative lay-outs for proposed subdivision. ' Attachments: Letter from Applicant Discussion: Maria Mineo: SCTM#1000-108-4-7.5– Discuss possible location of paddock and run-in shed for horses on Conservation Easement Area. MAILING ADDRESS: PLANNING BOARD MEMBERS 0fSQ(/ryO P.O. Box 1179 MARTIN H.SIDOR �Q - Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS vaTovm Annex KENNETH L.EDWARDS G �p� 54375 ate Route 25 GEORGE D.SOLOMONJOSEPH L.TOWNSEND �OI�COU '� (cor.M South d, NY oungs Ave.) Telephone: 631 765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Tamara Sadoo Date: November 9, 2009 Re: Aries Estates/Tully Standard Subdivision Application Name: Aries Estates/Tully Standard Subdivision Tax Map Number: 1000-22.-3-2 Location: The property is located at the westerly terminus of a private right-of- way which extends north from Kayleigh's Court in East Marion. Type of Application: Sketch Subdivision Map (Dated: ) X Preliminary Subdivision Map -(Dated: May 15,20091 Final Subdivision Map (Dated: ) Road Profiles (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Sketch Site Plan (Dated: ) Preliminary Site Plan (Dated: ) Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Dated: ) Project Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots,where Lot 1 equals 3.7362 acres,including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. Additional Comments: Thank you for your cooperation. MAILING ADDRESS: PLANNING BOARD MEMBERS ��0f soyo Southold,ox 1179 11971 MARTIN H.SIDOR �� l� Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex KENNETH L.EDWARDS �pQ 54375 State Route 25 GEORGE D.SOLOMON O! (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �coUMy,� Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2009 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: This letter is a follow-up to the joint Southold Town Planning Board and Southold Board of Trustees site visit on November 4, 2009 to the above referenced property. Mr. Howard Young, L.S. accompanied the group as well. As you recall, this joint site visit was to confirm the accuracy of the flagged top-of bluff line on the property and the proposed jurisdictional setbacks based on the identification of the top of bluff. The result of this site inspection will be discussed at the November 16, 2009 Southold Town Planning Board Work Session. Thank you, _ Tamara Sadoo Planner CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead,NY 11901 Mailing Address: Tel:(631)369-8200 PO Box 1547 Fax:(631)369-9080 Riverhead,NY 11901 e-mail: charlcs.cuddva,veriz`oknet November V2009. te Martin H. Sidor, Chairperson of Southold Town Planning Board P.O. Box 1179 Southold,NY 11971 wWe Re: Proposed Standard Subdivision of Aries Estatps/ShaW-WtWIy" SCTM#1000-22-3-2 Re: ZIP Peconic Wells,LLC-Conservation Subdivision SCTM#1000-86-01-10.9 Dear Chairperson Sidor and Board Members: In the Aries Estates subdivision of 2 lots and Zip Peconic,Wells conservation subdivision of 2 lots there are pending drainage plans and, in addition, in Aries Estates a bond estimate has been submitted. Since these matters were referred to Mr. Richter, Town Engineer, could a meeting be arranged with Mr. Richter and the Board Members so these matters can be discussed and disposed off The Aries Estates drainage plan was submitted on September 15, 2009, and Zip Peconic Wells drainage plan was submitted on September 18,2009. Very truly yours, 1�7 Charles R. Cuddy CRC/ik, Enc. CUDDY CHARLES R. CUDD 1 Attorney at Law 445 Grifftng Avenue Riverhead,NY 11901 Mailing Address;547 Tel:(631)369-8200 Riverhead, Box iverhead,,NNY 1190] Fax:(631)369-9080 Ra-mail c �rles.cudd averiTpn.net October 29,2009 >_ _ VLA FACSIMILE-(631) 765-3136 Ms. Tamara Sadoo,Planner Southold Town PlanningDe ; P.Q. Box 1179 Department Southold,NY 11971 OCT 30 2009 Re: Proposed Standard Subdivision of Aries Estates/Shawn T'ull�� SCTM-01000-22-3-2 Dear Ms. Sadoo: We are preparing 11>e covenants and restrictiotxs required by your letter of July 21,2009. This is in addition to the Open Space previously submitted.ba reviewing the requested covenants, we da,riot understand the reference to the open space of lot 1, (a)nor do we have the language required by the East Marion Fite Department(b). Please advise so we may complete the covenants and submit them to your office for review, Very truly yours, 344LA04A4�� Charles R. Cuddy CRC/ik l�e. 11 C CHARLES R. CUDDY Attorney at Law 445 Crrifiing Avenue Riverhe4 NX 11901 Mailing 1547Address: Tel:(631)369-8200 Ri Box i,N Pax:(631)369-9080 Riveehtad,lVY 11901 e-mail: da lip-3 uddvOYerizon.net October 26,2009 14A,FACSIM E-(631) 765-3136 IVIS. Tamara Sadoo,PIanner Southold Town Planning Department E.O.Box 1179 Southold,NY 11971 OCT Re: Proposed Standard Subdivision of,tries Estates/Shawn'fully SC'TM#1000-22-3-2 - Dear Ms. Sadoo: I received the proposed Open Space Couservation Easement.I would like to meet with you to review several, provisions in order to clarify the meaning of certain terms such as: utilities (3.12), uses available. (3.13),permitted uses(4.04)and also to discuss some other provisions.Please advise when you are Very truly yours, Charles 4RC Udd �ir CRC/ik Enc. 1e_ . _f ��b� • CHARLES R.CUDDY 14L ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK Mailing;Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net October 20, 2009 Ms. Tamara Sadoo, Planner Town of,Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: On regular basis I receive telephone calls from Shawn Tully concerning his 2-lot subdivision on 11 acres in East Marion. Both he and I have difficulty understanding what has transpired with final approval for this subdivision.My record shows that the following documents have been submitted: 1. Open Space Covenant on August 6, 2009; 2. Road.and Drainage Plan on September 15, 2009; 3. Bond Estimate on September 16, 2009; For more than 2 months this matter has been held in abeyance based on the concern as to location of the bluff.I don't know why this was not considered previously but in any event that matter should be promptly disposed of and final approval granted to this subdivision. I would appreciate hearing from you at your earliest convenience and having this matter placed on the Board's•agenda. Very truiy,yours, L.�.i•//)moi(////J////'/,<Z4���, _Charles' Cuddy CRC:ik Enclosure V ) 21 v _ .._ .l .- •Fra — . Town of Southold Planning Department Staff Report Subdivisions Prepared by Tamara Sadoo December 8, 2010 I. Application Information Project Title: Standard Subdivision of Aeries Estates/Shawn Tully Map Prepared By:Thomas C. Wolpert, L.S. Date of Map: June 25, 2010 Date of Submission:July 9, 2010 Applicant: Shawn Tully Tax Map Number: 1000-22-3-2 Project Location:The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Hamlet: East Marion Zoning District: R-80 II. Description of Proiect Type of Application: Subdivision Type of Subdivision: Standard Subdivision Acreage of Project Site: 11.4418 acres Yield Map or Calculation: 5 Number of Lots Proposed: 2 Acres of Open Space/Reserved Area: 6.3940 acres Percentage of Open Space/Reserved Area: 60% Type of Access Provided: Via Kayleighs Court Length of Access: III. Site Analysis SEQR Type of Action: Unlisted Present Land Use: vacant Existing Structures: One story residence to be torn down Existing Permits,Approvals. CO's, etc: none Was Property Previously Subdivided: No If Yes. Date of Approval:N/A Existing Easements or Restrictions:TBD Soil Type: SM, SW Located within Coastal Erosion Hazard Zone:Yes Located within Flood Hazard Zone: No Predominant Vegetation: Open field Significant Trees on Site: none 1 Percentage of Slopes: 0-10%=100% Name of Abutting Water Body: Long Island Sound Critical Environmental Area: No Type of Wetlands on or Adjacent to Site: N/A Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: 22 feet. Distance to Public Water: N/A Source of Water Supply: Well water Number of Access Points: One Historical or Archaeological Significance: N/A IV: Permits and/or Review Required From Other Agencies This project will require review and/or approval from the Suffolk County Department of Health Services, the Town Engineering Inspector, and the Suffolk County Planning Commission. V: Project Analysis This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. VII: Staff Overview/Recommendations Outstanding Items: • Final Application Fee - $500 • Park and Playground Fee - $7,000.00 • Administration Fee — Pending Bond Estimate review/approval • Submission of final revised C&Rs Southold Town Engineering Comments: re: drainage: • August 25, 2010 — Comment 3: it . because this road lies immediately adjacent to fresh water wetlands located to the east, new drainage structures will also be required to meet the requirements of the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES. Please keep in mind that this adjacent property contains an 2 abundant amount of freshwater wetlands and is currently under the stewardship of the Peconic Land Trust." Comment 7: " Drainage calculations have been provided for the new ROW/Easement area within the property to be subdivided. These calculations and drainage designs should be extended to include the improvements made to the ROW between Kayleigh's Court and the subdivided property. Drainage structure details should also be provided on a final road and drainage plan." Comments 8: "The draft bond estimate submitted by the applicant should be amended and updated to include the additional work required for improvements to the existing access roadway." Staff (dotes: • I spoke with Jamie Richter— Southold Town Engineering Inspector on Wednesday December 8 2010 to get more specifics as to what he would like to see regarding drainage in the ROW running north of Kayleigh's Court for this application. • Mr. Richter specified that what he would recommend is for the applicant to find the low spots along the ROW north of Kayleigh's Court and place 6'-8' (foot) deep by 4' (foot) wide dry-wells in to mitigate any possible storm- water run-off which may impact the wetlands to the East. • Mr. Richter also stated that what he would like to see is a good faith effort by the applicant to help mitigate the stormwater run-off— perhaps by coming up with BMPs or minimum standards to minimize the already existing stormwater run-off. • Mr. Richter finally stated that if the applicant could show via 6'(foot) contours upon a survey that there was no stormwater run-off to the wetlands to the east then no drainage would be required by him. Staff would recommend that the Planning Board request that the applicant provide the above requested information re: drainage for the Southold Town Engineering Inspector to review. Sufficiency of Affidavits submitted by applicant re: use and ability to maintain and clear 25' ROW running east to west: • Based upon discussions with the Southold Town Attorney's Office re: the above referenced submitted affidavits, the affidavits are not sufficient. • The Southold Town Attorney's Office proposes the following three options for the applicant: 3 i .. o Along with the affidavits submitted by the applicant, request a written, notarized affidavit from the neighbor who owns the 15'(foot) ROW which runs adjacent to the applicant's 10'(foot) ROW as well, stating that the applicant is allowed to will continue to be allowed to both use and clear the 15'(foot) ROW in question so as to make a full 25'(foot) ROW running east to west on the north side of the ROW north of Kayleigh's Court. o The applicant may go to court and request the court make a motion for summary judgment without a complaint granting the applicant the use of the 15'(foot) ROW and acknowledging the implied easement so as to avoid possible future litigation between neighbors. o Have a Title Company acknowledge and underwrite the full 25'(feet) of the ROW in question. Staff recommends the Planning Board put forth these options to the applicant and that once this issue along with drainage has been resolved, the application may be scheduled for Final Approval. 4 Town of Southold Planning Department Staff Report Subdivisions I. Application Information i Project Title: Standard Subdivision of Aeries Estates/Shawn Tully Map Prepared By:Thomas C. Wolpert, L.S. Date of Map: June 25, 2010 Date of Submission: July 9, 2010 Applicant: Shawn Tully Tax Map Number: 1000-22-3-2 Project Location:The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Hamlet: East Marion Zoning District: R-80 II. Description of Project Type of Application: Subdivision Type of Subdivision: Standard Subdivision Acreage of Project Site: 11.4418 acres Yield Map or Calculation: 5 Number of Lots Proposed: 2 Acres of Open Space/Reserved Area: 6.3940 acres Percentage of Open Space/Reserved Area: 60% ape of Access Provided: Via Kayleighs Court Length of Access: III. Site Analysis SEQR Type of Action: Unlisted Present Land Use: vacant Existing Structures: One story residence to be torn down Existing Permits, Approvals. CO's. etc: none Was Property Previously Subdivided: No If Yes. Date of Approval:N/A Existing Easements or Restrictions:TBD Soil Type: SM, SW Located within Coastal Erosion Hazard Zone:Yes Located within Flood Hazard Zone: No Predominant Vegetation: Open field Significant Trees on Site: none Percentage of Slopes: 0-10%=100% 1 Name of Abutting Water Body: Long Island Sound Critical Environmental Area: No ape of Wetlands on or Adjacent to Site: N/A Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: 22 Feet. Distance to Public Water: N/A Source of Water Supply: Well water Number of Access Points: One Historical or Archaeological Significance: N/A IV: Permits and/or Review Required From Other Agencies This project will require review and/or approval from the Suffolk County Department of Health Services, the Town Engineering Inspector, and the Suffolk County Planning Commission. V: Project Analysis This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. VII: Staff Overview/Recommendations Outstanding Items: • Final Application Fee - $500 • Park and Playground Fee - $7,000.00 • Administration Fee — Pending Bond Estimate review/approval Review changes to Open Space easement and Covenants and Restrictions: Open Space Easement: • Changes made to the following Sections: 0 3.07 Vegetation: agriculture removed, but "field crops etc" inserted instead. Horse paddock included. State specifically no structures, only fences — barns, run-ins etc. State clearly that barns or any structures shall be required to be placed on residential lots. 0 3.09 Utilities: left out "on the Easement area" language. Why? Refer back to template language. 0 3.12 Development Rights: Why? Refer back to template language. Keep as template 2 r o 4.04 Permitted Uses and Structures o Remove section 4.05 notice — because not allowing anything to be built. Therefore no notice needed because no construction will take place. Refer to these sections on handouts for review. Covenants and Restrictions: • Clause 13: Applicant has included "4' wide beach access from Lot 1." Discussion: Applicant is adamant that there be separate beach access for each lot. Might be possible via area which was subject of erosion area on the eastern portion of Lot 1. Stabilize the erosion area as proposed and allow a natural trail or stone stairs down to beach via a 4' access. (Built into bluff to help with erosion control). Requiring common beach access and requiring residents of Lot 1 to cut through the natural vegetated buffer area may have more of an impact on the buffer area vs. just allowing a small separate access from Lott down to the beach which would impact far less vegetation. To maintain the access would possibly require residents to ensure stabilization of bluff to allow for continued safe access. Awaiting comments from Southold Town Engineer from June 2010 and now re-submitted Final Plans submitted on August 18, 2010. 3 SUBDIVISION CHECKLIST Project Name: Shawn Tully/Aries Estates SCTM#: 1000-1000-22-3-2, Zoning: R-80 Location: The property is located at the westerly terminus of a private right-of- way which extends north from Kayleigh's Court in East Marion. Project Description from Planning Tracking: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. 1. Pre-submission Conference Pre-submission Conference Date Discussion points to cover: ❑ Is the parcel on the water map? Yes No _X El If not on public water line, applicant advised to investigate water quality on site via test wells. ❑ Applicant advised that poor water quality can prevent an approval from the SC Dept of Health and thus prevent an approval of their subdivision. ❑ Review subdivision process. ❑ Yield map process. ❑ "Buildable lands" concept. ❑ ERSAP process ❑ Primary & Secondary Conservation Areas and how they help ` determine lot location. ❑ Cluster requirement ❑ Explore whether a conservation subdivision would serve the Town better than a standard subdivision. ❑ Discuss Suffolk County Health Department review process ❑ Review Incomplete File to verify application is subdividable Sketch Application: *Sketch Application Date: May 31, 2006 +Sketch Fees Received Date: June 22, 2006 *Sketch Plan Submission Date: May 31, 2006 ERSAP with Field Survey as Window on ERSAP Submission Date: None ❑ ERSAP Reviewed by Principal Planner Date: *Yield Map Submission Date: June 1, 2010, June 9, 2010 .*Yield Map Reviewed by Staff Date: June 16, 2010 ❑ Primary and Secondary Conservation Map Submission Date: ?Concept Design Discussed Date: January 9, 2007 *.Initial Site Inspection Date: 9/27/06, 9/24/09, 11/4/09, 4/5/10, 4/28/10 ❑ Application Reviewed for Completeness: *Staff Scoping Date: June 16, 2010 *Work Session Date: June 14, 2010 ❑ Accepted by Planning Board Date: June 2006 Sketch Application Referrals: +Southold Town Trustees Date Sent: 6/21/06 Date Received: 4/2/06 Letter of non jurisdiction issued by Trustees ❑ Building Department Date Sent: Date Received: Southold Town Engineer Date Sent: 6/21/2006 Date Received: Date Resent: 6/17/10 6/29/10 *Fire District Date Sent: 11/30/06 Date Received: 1/11/07 April 14, 2008 — Recommendation to install fire well within 200' of each building envelope, access along road north of Kayleigh's Court satisfactory for emergency equipment. Action on Sketch Plan: *Sketch Approval Date: May 20, 2008* ❑ Conditional Sketch Approval Date: ❑ Sketch Denied Date: ❑ Sketch Expired Date (six months from date of approval): Notes: May 12, 2008 — SCPC "disapproves" proposed plan due to access issue and creation of another land locked parcel. PB overrides SCPC. Rationale: Creation of one public row not possible due to adjoining neighbors unwillingness to allow for row. Sketch approval extended until May 19, 2009. Preliminary Application: I Completed Preliminary Plat Submission Date: May 15, 2009 ,Application Fees submitted Date: May 15, 2009 See §240-17 Technical Requirements for Preliminary Plat Details: A) Proposed layout B) Name of Subdivision clearly stating "Preliminary Plat" C) Name of Property Owner D) Name, address, tel. of NYS LS or engineer or architect preparing plan E) Any and all required tables/charts showing buildable, unbuildable, wetlands, clearing limits, and any other required and relevant calculations/information. F) Clearing limits shall be shown on individual lots and in a table G) Existing Easements and C&Rs with liber and page # H) Existing and proposed improvements 1) Draft Road and Drainage Plans ►Completed Preliminary Plat Review Date: July +,Landscape Plan Reviewed: none requested *Soil Conservation Submitted/Reviewed: none requested ❑ Public hearing set date: ❑ Public Hearing held date: Action on Public Hearing: Closed Held open SEQRA: ►Coordinated — March 11, 2008 SCDHS 0SCPC *-DEC ❑ SCWA ❑ Uncoordinated Type of SEQRA Action: SEQRA Determination: �Neg. Dec. Date issued: May 19, 2008 ❑ Pos. Dec. Date issued: Preliminary Application Referrals: ❑ LWRP Coordinator Date Sent: Date Received: *SCPC Date Sent: Date Received: 5/12/08 *Southold Town Engineer Date Sent: 6/1710 Date Received: 6/29/10 ❑ NYS DOT Date Sent: Date Received: Action on Preliminary! Plat: ❑ Preliminary Approval Date: **Conditional Preliminary Approval Date: June 15, 2010 ❑ Preliminary Denied Date: ❑ Preliminary Expired Date (six months from date of approval): Notes. �i Final Application: See § 240-20. Application for Final Plat review shall include: ❑ Completed Final Plat Submission Date: July 9, 2010 — (incomplete — need mylars, Admin, P&P fees) Items to check for: • 12 paper copies and 4 Mylar (see 240-21 (A) for size requirements) copies of the final plat • Five copies of final road and drainage plans • Two copies of cost estimate of public improvements required under Articles IX and X • Final Plat Application Fee Date Submitted • Administration Fee Submitted • Park and playground Fee Submitted • Submission of Covenants and Restrictions • Easements • Bond Estimates • Road and Maintenance Agreement • Home Owners Association § 240-21 Checklist for Final Plat Review: OProposed subdivision name or identifying title, name of the hamlet, Town and county in which the subdivision is located, the name and address of the record owner and-applicant, name, license number and seal of the professional engineer or licensed land surveyor. iTitle of final plat shall state "Final Plat" and whether this is a "Standard" or "Conservation" subdivision —just says "Subdivision" *Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use. #Sufficient data acceptable to the Town Engineering Office to determine readily the location, bearing and length of every street line, lot line, boundary line, and to reproduce such lines upon the ground. r *The length and bearing of all straight lines, radii, length of curves and central angles of all curves, tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. (Dimensions shown in feet and decimals of a foot.) #The final plat shall show the boundaries of the property, location, graphic scale and true North point. ❑ The final plat shall also show all public open spaces for which deeds or easements are included and those spaces title to which is reserved by the applicant. See §240-21(B)(5). ❑ All offers of dedication and covenants governing the maintenance of reserved open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency. #Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with prevailing Town practice. 'Mermanent reference monuments shall be both shown and constructed in accordance with specification(s) of the Town Engineering Office. See §240-21 (B)(8). *Reference to any self-imposed restrictions, and locations of any building lines proposed to be established in this manner, if required by the Planning Board in accordance with these regulations. ❑ Suffolk County Department of Health and/or the Suffolk County Water Authority Approval. ❑ A statement that a declaration of covenants and restrictions has been filed in the County Clerk's Office and that such covenants and restrictions affect the subdivision and properties within it. ❑ MIFDU lots must be designated on the final plat. Town of Southold Planning Department Staff Report Subdivisions I. Application Information Project Title: Standard Subdivision of Aeries Estates/Shawn Tully Map Prepared By:Thomas C. Wolpert, L.S. Date of Map:June 25, 2010 Date of Submission:July 9, 2010 Applicant:Shawn Tully Tax Map Number: 1000-22-3-2 Project Location:The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Hamlet: East Marion Zoning District: R-80 II. Description of Proiect ape of Application: Subdivision ape of Subdivision: Standard Subdivision Acreage of Project Site: 11.4418 acres Yield Map or Calculation: 5 Number of Lots Proposed: 2 Acres of Open Space/Reserved Area: 6.3940 acres Percentage of Open Space/Reserved Area: 60% Type of Access Provided: Via Kayleighs Court Length of Access: III. Site Analysis SEAR Type of Action: Unlisted Present Land Use: vacant Existing Structures: One story residence to be torn down Existing Permits,Approvals, CO's, etc: none Was Property Previously Subdivided: No If Yes. Date of Approval:N/A Existing Easements or Restrictions:TBD Soil Type: SM, SW Located within Coastal Erosion Hazard Zone:Yes Located within Flood Hazard Zone: No Predominant Vegetation: Open field Significant Trees on Site: none Percentage of Slopes: 0-10%=100% . 1 Name of Abutting Water Body: Long Island Sound Critical Environmental Area: No Type of Wetlands on or Adjacent to Site: N/A Are There Trails on Site: No Name of Trail: N/A Depth to Water Table: 22 feet. Distance to Public Water: N Source of Water Supply: Well water Number of Access Points: One Historical or Archaeological Significance: N/A IV: Permits and/or Review Required From Other Agencies This project will require review and/or approval from the Suffolk County Department of Health Services, the Town Engineering Inspector, and the Suffolk County Planning Commission. V: Project Analysis This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. VII: Staff Overview/Recommendations Outstanding Items: • Final Application Fee - $500 • Park and Playground Fee - $7,000.00 • Administration Fee— Pending Bond Estimate,review/approval • Awaiting comments from Southold Town Engineer from June 2010 and now re-submitted Final Plans submitted on August 18, 2010. • Awaiting letter in writing from Pete Harris re: ok of 20' wide road width for private road north of Kayleigh's Court. Items for discussion and Staff Recommendations: • The Southold Town Planning Board and the Southold Town Engineering Inspector have requested the applicant attain a legal right of access over the neighboring property (SCTM#1000-22-3-8.2) to allow for possible encroachment issues over this property where the proposed access the above referenced subdivision turns 900 to the west just prior to Lot#2 as possible encroachment may continue even once the right-of-way has been 2 _ 0 improved from 10' to 25' wide. This legal access shall be provided in writing and a copy shall be submitted to the Planning Board. . • The Final map submitted by the applicant also indicates that the existing right-of-way mentioned above in item #4 is only 10' wide. The proposed new right-of-way for this area is to be improved to 25' wide as shown on the final plat. Based upon this, and as previously stated in item #4 above, the applicant shall obtain a legal right of access from SCTM#1000-22-3- 8.2's property owner in writing and submit a copy of this legal access to the Planning Board. 3 SUBDIVISION CHECKLIST Project Name: Shawn Tully/Aries Estates SCTM#: 1000-1000-22-3-2, Zoning: R-80 !, Location: The property is located at the westerly terminus of a private right-of- way which extends north from Kayleigh's Court in East Marion. Project Description from Planning Tracking: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. 1. Pre-submission Conference Pre-submission Conference Date Discussion points to cover: Is the parcel on the water map? Yes No _X_ If not on public water line, applicant advised to investigate water quality on site via test wells. Applicant advised that poor water quality can prevent an approval from the SC Dept of Health and thus prevent an approval of their subdivision. Review subdivision process. Yield map process. "Buildable lands" concept. ERSAP process Primary & Secondary Conservation Areas and how they help determine lot location. Cluster requirement Explore whether a conservation subdivision would serve the Town better than a standard subdivision. Discuss Suffolk County Health Department review process Review Incomplete File to verify application is subdividable 1 I Sketch Application: Sketch Application Date: May 31, 2006 'Sketch Fees Received Date: June 22, 2006 .►Sketch Plan Submission Date: May 31, 2006 iERSAP with Field Survey as Window on ERSAP Submission Date: None ERSAP Reviewed by Principal Planner Date: leld Map Submission Date: June 1, 2010, June 9, 2010 Yield Map Reviewed by Staff Date: June 16, 2010 Primary and Secondary Conservation Map Submission Date: Concept Design Discussed Date: January 9, 2007 ;Initial Site Inspection Date: 9/27/06, 9/24/09, 11/4/09, 4/5/10, 4/28/10 Application Reviewed for Completeness: Staff Scoping Date: June 16, 2010 ►Work Session Date: June 14, 2010 Accepted by Planning Board Date: June 2006 Sketch Application Referrals: Southold Town Trustees Date Sent: 6/21/06 Date Received: 4/2/06 Letter of non jurisdiction issued by Trustees Building Department Date Sent: Date Received: t' Southold Town Engineer Date Sent: 6/21/2006 Date Received: Date Resent: 6/17/10 6/29/10 2 +Fire District Date Sent: 11/30/06 Date Received: 1/11/07 April 14, 2008— Recommendation to install fire well within 200' of each building envelope, access along road north of Kayleigh's Court satisfactory for emergency equipment. Action on Sketch Plan: *Sketch Approval Date: May 20,2008* Conditional Sketch Approval Date: Sketch Denied Date: Sketch Expired Date (six months from date of approval): Notes: May 12, 2008— SCPC "disapproves" proposed plan due to access issue and creation of another land locked parcel. PB overrides SCPC. Rationale: Creation of one public row not possible due to adjoining neighbors unwillingness to allow for row. Sketch approval extended until May 19, 2009. 3 Preliminary Application: ►Completed Preliminary Plat Submission Date: May 15, 2009 R. Application Fees submitted Date: May 15, 2009 See §240-17 Technical Requirements for Preliminary Plat Details: A) Proposed layout B) Name of Subdivision clearly stating "Preliminary Plat" C) Name of Property Owner D) Name, address, tel. of NYS LS or engineer or architect preparing plan E) Any and all required tables/charts showing buildable, unbuildable, wetlands, clearing limits, and any other required and relevant calculations/information. ' F) Clearing limits shall be shown on individual lots and in a table G) Existing Easements and C&Rs with liber and page # H) Existing and proposed improvements 1) Draft Road and Drainage Plans Completed Preliminary Plat Review Date: July Landscape Plan Reviewed: none requested Soil Conservation Submitted/Reviewed: none requested Public hearing set date: Public Hearing held date: Action on Public Hearing: Closed Held open SEQRA: Coordinated — March 11, 2008 SCDHS ,�SCPC ;DEC SCWA 4 Uncoordinated Type of SEQRA Action: SEQRA Determination: tNeg. Dec. Date issued: May 19, 2008 Pos. Dec. Date issued: Preliminary Application Referrals: LWRP Coordinator Date Sent: Date Received: SCPC Date Sent: Date Received: 5/12108 Southold Town Engineer Date Sent: 6/1710 Date Received: 6/29/10 NYS DOT Date Sent: Date Received: Action on Preliminary Plat: Preliminary Approval Date: MConditional Preliminary Approval Date: June 15, 2010 Preliminary Denied Date: Preliminary Expired Date (six months from date of approval): Notes. T 5 Final Application: See § 240-20. Application for Final Plat review shall include: Completed Final Plat Submission Date: July 9, 2010 — (Incomplete — need mylars, Admin, P&P fees — reviewing open space easement, covenants and restrictions, draft bond estimate) Items to check for: • 12 paper copies and 4 Mylar(see 240-21 (A) for size requirements) copies of the final plat • Five copies of final road and drainage plans • Two copies of cost estimate of public improvements required under Articles IX and X • Final Plat Application Fee Date Submitted • Administration Fee Submitted • Park and playground Fee Submitted • Submission of Covenants and Restrictions • Easements • Bond Estimates • Road and Maintenance Agreement • Home Owners Association § 240-21 Checklist for Final Plat Review: Proposed subdivision name or identifying title, name of the hamlet, Town and county in which the subdivision is located, the name and address of the record owner and applicant, name, license number and seal of the professional engineer or licensed land surveyor. Title of final plat shall state "Final Plat" and whether this is a "Standard" or"Conservation" subdivision —just says "Subdivision" ,#Street lines, pedestrian ways, lots, reservations, easements and areas to be dedicated to public use. Sufficient data acceptable to the Town Engineering Office to determine readily the location, bearing and length of every street line, lot line, boundary line, and to reproduce such lines upon the ground. 6 \ 1 ►The length and bearing of all straight lines, radii, length of curves and central angles of all curves, tangent bearings shall be given for each street. All dimensions and angles of the lines of each lot shall also be given. (Dimensions shown in feet and decimals of a foot.) The final plat shall show the boundaries of the property, location, graphic scale and true North point. The final plat shall also show all public open spaces for which deeds or easements are included and those spaces title to which is reserved by the applicant. See §240-21(B)(5). All offers of dedication and covenants governing the maintenance of reserved open space shall bear the certificate of approval of the Town Attorney as to their legal sufficiency. Lots and blocks within a subdivision shall be numbered and lettered in alphabetical order in accordance with prevailing Town practice. Permanent reference monuments shall be both shown and constructed in accordance with specification(s) of the Town Engineering Office. See §240-21 (B)(8). Reference to any self-imposed restrictions, and locations of any building lines proposed to be established in this manner, if required by the Planning Board in accordance with these regulations. Suffolk County Department of Health and/or the Suffolk County Water Authority Approval. A statement that a declaration of covenants and restrictions has been filed in the County Clerk's Office and that such covenants and restrictions affect the subdivision and properties within it. MIFDU lots must be designated on the final plat. Final Public Hearing: Administration Fees: Park and Playground Fees: 7 Open Space Easement: Reviewed August 30, 2010 Work Session. All requested changes have been made. Covenants and Restrictions: Reviewed August 30, 2010 Work Session. All requested changes have been made. Bond Estimate: Awaiting review by Southold Town Engineering Inspector 0 8 Application for Final Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for FINAL PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Aries Estates Subdivision 2. Suffolk County Tax Map# 1000-22-3-2 3. Hamlet East Marion 4. Street Location xayi Pi gh'.q Cmirt (right nf wny) 5. Zoning District R-80 6. Date of Submission July 8, 2010 7. Sketch Plan Approval Date May 19, 2008 (extension granted on February 9, 2009) 8. Preliminary Approval Date June 14, 2010 Lr� hJ �v � 9. Number of Lots Proposed 2 tots 10. Acreage of Open Space/Reserved Area 6. 1725 ac. d i J U L — 9 2010 11. Affordable Housing Units Proposed N/A � _ Southold Town I Planning Boar+ 12. Percentage of Affordable Housing N/A.---- -- --u - - 13. If providing less than 25%Moderate Income Family Dwelling Units(MIFDU),please indicate how the property owner intends on satisfying the affordable housing requirement pursuant to Section A106-11 (B)of the Town Code. N/A 14. Does the Final Plat conform substantially to the approved Preliminary Plat? If not,please explain the differences. Yes 15. Application prepared by [] owner [X] agent [] other .7 Signature of Preparer. Date e> PLANNING BOARD ��G ADDRESS: MEMBERS P.O.Boz 1179 JERILYN B.WOODHOUSE C Southold,NY 11971 Chair ti 0 • OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex]KENNETH L. y�JO a�� 54375 State Route 25 MARTIN H SIDOR�S 1 (cor.Main Rd. &Youngs Ave.) GEORGE D. SOLOMON Southold,NY Telephone: 631765-1938 Fag: 631765-3136 PLANNING-BOARD OFFICE TOWN OF SOUTHOLD I SEP 1 1 2012 ! Application +for Prelimin;alat Approval Souihold Town I APPLICATION-IS`HE -B"V'MADE--to the-flown of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. 1. Name of Subdivision Aries Estates Subdivision 2. Suffolk County Tax Map # 1000-22-3-2 3. Hamlet EAst Marion 4. Street Address/ Kayleigh's Court (right of way) Project Location 5. Zoning District R-80 6. Date of Submission R,y 1-2., 9009- resubmission ssi on 09/10/12 7. Sketch Plan Approval Date May 19, 2008 (extension granted February 9, 2009) 8. Acreage of Site 11 -4418 ac. 9. Parcel Yield 2 lots 10. Number of Lots Proposed 2 lots a. Number of Affordable Lots Required: N/A- b. Number of Affordable Lots Proposed: N/A c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: N/A 11. Acreage of Open Space _6.1725 ac. n a. 12. Percentage of Open Space ___60.17 13. Range of Lot Sizes 3.7667 ac. to 7.6751 ac. 14. Average Lot Size 3.7667 ac. 15. Private or Public Streets Private Road (right of way) 16. Length ofRoad(s) Final road and drainage plan to be submitted 17. Acreage ofRoad(s) Final road and drainage plan to be submitted 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. It is amended to address some comments of sketch plan approval resolution. 19. In addition to the application to the Town of Southold Planning Board,what other approvals are you seeking for this subdivision from state or i,ther agencies? Please Est other applications which are currently pending involving',this project. If possible,please provide application reference numbers. NYS DEC- approval granted as of January 12, 2009 20.Application completed by [] owner ] agent [ ] other Signature of Preparer Date • MAILING ADDRESS: PLANNING BOARD MEMBERS �Ur SO(/jP.O. Box 1179 MARTIN H.SIDOR ��� �/_ Southold, NY 11971 Chair T OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l'`co Southold, NY Telephone: 631765-1038 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 20, 2009 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: I have enclosed a copy of the standard Open Space Conservation Easement the Town of Southold is requiring all applicants to submit. Much of the easement is template language and in most instances previously drafted open space easement language can easily be inserted into the Town of Southold template Open Space Conservation Easement. Please re-submit your draft open space easement in this new format so that it may be reviewed accordingly by the Town of Southold. If you have any questions, please do not hesitate to contact this office. Thank you, Tamara Sadoo Planner Page 1 of 1 Sadoo, Tamara _ From: Sadoo, Tamara Sent: Tuesday, October 20, 2009 11:46 AM To: ' (billcre@optonline.net)'; 'George Solomon'; 'Joseph Townsend'; 'Ken Edwards'; 'Martin Sidor' Cc: Terry, Mark; Lanza, Heather; Standish, Lauren Subject: Joint site visits with Trustees to loannou and Tully Hello everyone, This is to confirm our conversation at yesterday's work session (10119)that the Southold Town Board of Trustees has scheduled site visits to the Tully and loannou properties in East Marion on Wednesday November 4th at 8:00a.m. as part of their regular site visits. The Trustees will depart from the Southold Town Hall Annex at 8:30 a.m. and head east. I am not sure which property they will visit first, but likely loannou first as it is further east. Mark Terry and myself will attend this site visit and to date, Planning Board member George Solomon has tentatively confirmed. If any other Planning Board members can attend, please feel free to let either Mark or myself know. Thank you, Tamara Sadoo 10/20/2009 CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead,NY 11901 Mailing Address: Tel:(631)369-8200 PO Box 1547 Fax:(631)369-9080 Riverhead,NY 11901 e-mail: charles.cuddv gn,Verizon net October 13, 2009 VIA FACSIMILE-(631) 765-3136 Martin H. Sidor, Chairperson of Southold Town Planning Board P.O. Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Chairperson Sidor and Board Members: I understand that the Planning Board Members and Town Trustees will visit the site of this two(2) lot subdivision to determine the location of the bluff, Since the bluff was originally determined by Young&Young,I request that Howard Young be contacted and accompany you when you visit this site. Very truly you", ��fr's'6Cra- "t Charles R. Cuddy CRC/ik Enc. - —� U I5 J OCT 13 2009 Southold Towrlranning Board — Page Two— Octo13, 2009 Project name: Chase Bank - Mattituck SCTM#: 1000-143-3-33.2 Location: 10300 NYS Route 25, 133 +/- east of Marlene Lane & NYS Route 25, Mattituck Description: This site plan is for the new construction of a 4,200 sq. ft. bank with two drive-through bays on a previously developed 112,647 sq. ft. (2.59 acre) parcel in both the B, General Business, and R-40, Residential Zones. Status: Under review Action: Consider declaring Lead Agency for this Unlisted Action. Attachments: None Project name: loannou, Constantine SCTM#: 1000- 23-1-14.7 & 23-2-5.6 Location: North side of SR 25, 4,848' east of Kayleigh's Court in East Marion. Description: Standard subdivision of three lots on 6.8 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 114,288 sq. ft., and Lot 3 equals 80,000 sq. ft.', in the R-80 Zoning District. Status: Sketch Approval Action: Review memo to Trustees. Attachments: Memo to Trustees/Timeline Project name: Aries Estates/Tully SCTM#: ' 1000-22-3-2 Location: Westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion Description: Standard subdivision of 11 acres into two lots, where Lot 1 equals 3.7 acres, including 1.4 acres of open space, and Lot 2 equals 7.6 acres, including 5 acres of open space, in the R-80 Zoning District. Status: Sketch Action: Review memo to Trustees. .. Attachments: Memo to Trustees/Timeline 5:30 p.m. Review Public Meeting Agenda MAILING ADDRESS: PLANNING BOARD MEMBERS OF soP.O. Box 1179 MARTIN H.SIDOR ��r Q/_ Southold, NY 11971 Chair y �O OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS • 54375 State Route 25 GEORGE D.SOLOMON Q (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l'`(,'Q Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James King, President From: Martin Sidor, Chair Date: October 5, 2009 Re: Standard Subdivsion of Shawn Tully Location: The property is located at the westerly terminus of a private right-of- way which extends north from Kayleigh's Court in East Marion. SCTM#1000-22-3-2 The Planning Board has received your memo dated September 21, 2009 regarding the above referenced property and verification of top of bluff line(attached). Based upon the Planning Board's site inspection and Board of Trustee's determination, the Planning Board respectfully requests a joint Planning Board/Board of Trustees site visit to clarify and resolve a discrepancy noted in the above referenced memo regarding the location of the top of bluff line. Please contact Ms. Tamara Sadoo of my office at your earliest convenience with possible dates and times so that a joint site visit may be scheduled. Thank you for your cooperation. CHARLES R.CUDDY �& ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: charles.cuddy(a verizon.net October 5, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: Your file should reflect that on August 6, 2009,we submitted a proposed Open Space Covenant. In addition we have submitted a road and drainage plan as well as a bond estimate. While I recognize that latter documents were recently submitted,nevertheless,we have not had any response as to the Open Space Covenant and we do need to meet to review the bluff determination. We now have the health department approval and wish to be in a position to submit a final map to be endorsed by the health department.In order to do this we need a determination regarding the bluff and road and drainage plans. We would appreciate your scheduling a meeting with Howard Young and myself, as well as, the Planning Board so we may conclude this matter. Very truly yours, Charles R. Cuddy CRC:ik Enclosure I James F. King, President �aoF soUryo Town Hall Annex \�� Jill M. Doherty,Vice-President 54375 Main Road 'l P.O. Box 1179 Peggy A.Dickerson Southold, New York 11971-0959 Dave Bergen n Q '� • �O Telephone(631) 765-1592 Bob Ghosio,Jr. OCOUNT1 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Tamara Sadoo Planning Board FROM: Jill M. Doherty, Vice-Presiden Board of Trustees DATE: September 21, 2009 RE: Standard Subdivision of Shawn Tully SCTM#1000-22-3-2 In response to your request, I conducted a site inspected of the above- referenced property and found the top of bluff line to be accurate with the subdivision map prepared by Howard W. Young dated April 6, 2009. The top of the bluff line continues to slope up and should remain as a non- disturbance buffer as ihdicted on the map. Please be advised that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area, or within 100' landward from the top of the bluff and/or wetlands jurisdictional boundary, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. Please let us know if we can be of any further assistance. 2 1 r" %S CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEWYORK Mailing Address: TEL: (631)369-3200 P.O. Box 1547 FAX: (631)369-9050 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net September 16, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: In accordance with the Planning Board's request, Young & Young, by Thomas C. Wolpert, P.E., has prepared a draft bond estimate dated September 14,2009. We enclose that proposal and ask that you confirm it is acceptable. Very truly yours, CRC:ik Charles R. Cuddy Enclosure i SP-' i September 14, 2009 DRAFT BOND ESTIMATE Prepared for Shawn Tully at East Marion. Town of Southold, New York (based on Reduced Density/Cluster Preliminary Plat last dated August. 11, 2009) Item Item Description Qtv. & Unit Unit Price Total • 1 Clearing& Grubbing 2 1.0 Acres $2,500.00 $2,500.00 Rough Grading/Uncl. Excavation 1,435 C.Y. 3 Fine Grading $2.00 $2,870.00 43,450 Leaching Catch Basin - 10' Dia. S.Y. $1.50 $5,175.00 4 Each $2, 5 Compacted Soil Sub-Base - 6" 0$1.00 $8,000.00 3 6 3/4" Stone Blend Wearing Course ,450 S.Y. $1.50 $5,175.00 7 Topsoil & Seed 195 C.Y. $30.00 _ $5,850.00 1,900 S.Y. $2.00 $3,800.00 Sub-Total = $33,370.00 + 6 % Administration Fee = $2,002.20 TOTAL = $35,372.20 • * Excludes Water Main, EIectric, Gas & CaTV I CHARLES R.CUDDY t0 ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEWYORK Mailing Address: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net September 15, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: Howard Young amended the preliminary plat to show the following: • 14' stone blend pavement • drainage structures & drainage calculations • "T" shaped turn-a-round • table of certain areas • cluster dimensional requirement We would appreciate your reviewing this plat and advising whether it meets the Town's requirements. In addition, would you please confirm that the bluff is properly noted on the plat submitted. Also,we would like to bring to your attention that the Open Space Covenant was submitted and we have not had any response. Very truly yours, er/ CRCaCharles R. Cuddy k _.._,__._. Enclosure _. .. - _ ... I_, ' SEP 16 2009 • • MAILING ADDRESS: PLANNING BOARD MEMBERS �UT so�ly P.O. Box 1179 MARTIN H.SIDOR �Q� Q/_ Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex KENNETH L.EDWARDS 54375 State Route 25 GEORGE D.SOLOMON Q (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l'`(,�0 Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James King, President From: Tamara Sadoo Date: August 28,2009 Re: SCTM#1000-22-3-2 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction along with a top of bluff line verification. Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. The applicant has staked the top of bluff line. The Planning Board respectfully requests that the Southold Town Board of Trustees conduct a site inspection to verify the top of bluff along with any other jurisdictional determinations deemed necessary. Thank you for your cooperation. CHARLES R.CUDDY l' ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD,NEW YORK m.ilin,g Addre. 'TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net August 6, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold, NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: In accordance with your letter of July 21, 2009,we are enclosing a proposed Open Space Covenant. Please review it and confirm that this is acceptable so we may have it signed by our client and record it. Verytrulyttrruly yours, CRC:ik Charles R. Cuddy Enclosure P.S. Please note that Howard Young has staked the bluff area so it may be reinspected. • OPEN SPACE COVENANT THIS DECLARATION, made this day of 2009, by Aries Estates, LLC, a New York Limited Liability Company with office located at 535 West 23rd Street,New York,NY 10011, hereinafter referred to as the DECLARANT: WITNESSETH: WHEREAS,the Declarant is the owner in fee simple of certain real property situate at East Marion, Town of Southold, County of Suffolk, State of New York, known and designated as lots 1, and 2 on the subdivision map of Shawn Tully prepared by Young& Young last dated and as more particularly described on the annexed Schedule A; and WHEREAS, the Declarant agrees that open space and agricultural soils and uses should be preserved, and WHEREAS, it is the policy of the Town of Southold to preserve agriculture and to protect the scenic and open space character of the Town, and WHEREAS, both Declarant and the Town of Southold recognize the agricultural, scenic and natural values of Declarant's property at East Marion, in the Town of Southold, as hereinafter more particularly described, should be preserved for agricultural or open space purposes; NOW, THEREFORE, THIS DECLARATION WITNESSETH : 1. The Declarant agrees that the property labeled Open Space Parcel A and Parcel B as shown on the subdivision map of Shawn Tully at East Marion, shall be protected and preserved pursuant to the provisions of the Declaration. 2. The Open Space shall only be used or maintained for agricultural or open space purposes. 3. Agricultural purposes shall mean the right to conduct farming, including the cultivation of crops of all kinds including but not limited to all forms of horticulture. 4. Customary agricultural fencing, deer fencing and accessory structures may be Page 1 of 3 constructed, maintained or replaced by Declarant. 5. In the event the Open Space is no longer used for agricultural purposes then it shall be kept as open space and remain undisturbed in its natural state. The Declarant, his successors and assigns shall have the right to remove diseased or dead trees, shrubs or other vegetation and replace them. 6. The Town of Southold shall have the right to inspect the Open Space and to enforce this Declaration of Covenants. However, the public shall not have any right to enter upon the Property or enforce this Declaration. 7. The building envelopes at Lot 1 and Lot 2 on the subdivision map of Shawn Tully are excluded from this Declaration and a residence and customary residential accessory structures may be constructed within these envelopes. 8. By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to the noise, dust and odors normally associated with agricultural activities, pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code 9. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public hearing. 10. 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 affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 11. The aforementioned Restrictive Covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. Page 2 of 3 0 12. 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. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Aries Estates, LLC Shawn Tully, Member STATE OF NEW YORK) : SS.: COUNTY OF ) On the day of 2009, before me, the undersigned, personally appeared SHAWN TULLY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Page 3 of 3 CHARLES R.CUDDY ' ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address_ TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: eharles.cmldy(a verizon.net July 23, 2009 Ms. Tamara Sadoo, Planner U Town of Southold Planning Department PO Box 1179 JUL 2 9 2009 Southold,NY 11971 - Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 r Dear Ms. Sadoo: _ . . I received your comments dated July 21, 2009, based upon review of the preliminary map for the above subdivision. Please note that the site is serviced by the wells and we will receive, from the Suffolk County Department of Health Services,approval based upon well water. Therefore,item 96 is inappropriate Under item #7(h), please also be aware that there is no farm adjoining this property and I'm not aware of any farm nearby. Are you referring to the proposed vineyard on the preserved area which will be part of the area owned by each lot owner? In addition item#5 we have previously submitted to you the DEC Permit(a copy enclosed). Very truly yours, Charles R. Cuddy CRC:ik Enclosure 25 NEW YORK STATE DEPARTMN OF ENVIRONMENTAL CONSERVATVJ 144W Facility DEC ID 1-4738-03827 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: SHAWN TULLY TULLY PROPERTY 535 W 23RD ST APT S 5K RIGHT OF WAY OFF KAYLEIGH'S CTISCTM# 1000-22-3-2 NEW YORK, NY 10011 EAST MARION, NY 11939 Facility Application Contact: CHARLES R CUDDY ATTORNEY AT LAW PO BOX 1547 RIVERHEAD,NY 11901 (631)"369-8200 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: East Marion Facility Principal Reference Point: NYTM-E: 722.7 NYTM-N: 4557.7 Latitude: 41°08'24:2" Longitude: 72°20'47.5" Project Location: Right of way off Kayleigh's Court Authorized Activity: Subdivide 11.4418 acre parcel into a 7.68 acre parcel and.a 3.67 acre parcel as shown on plans NYSDEC stamped approvedon 1/12/2009. Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-03827/00001 New Permit Effective Date: 1/12/2009 Expiration Date: 1/11/2014 NYSDEC Approval By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and 1 ons ' luded as part of this permit. 7 Permit Administrator: JOHN A W /AND, D ty Regional Permit Administr for Address: NY DE ION 1 ADQUARTERS S O Y O 150 CIRCLE RD S 117 0 -3409 Authorized Signature: DatO Al 2000 Page 1 of 5 Adh NEW YORK STATE DEPARTM&OF ENVIRONMENTAL CONSERVATI• Facility DEC ID 1-4738-03827 Distribution List CHARLES R CUDDY Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 2. No Easement for Structures_This permit does not authorize the granting of easements for the construction of water access structures, mooring facilities, or other structures. 3. Approved Subdivision This permit authorizes only the approved subdivision of the subject parcel. The approved plans define the maximum extent and,limit of approvable construction and disturbance given the current conditions at the project site. Individual permits must be obtained for development of each lot prior to construction or commencement of any regulated activities not specifically authorized by this permit. 4. Tidal Wetland Covenant The permittee shall incorporate the attached Covenant(or similar Department-approved language) to the deed for the property where the project will be conducted and file it with the Clerk of SUFFOLK County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to Marine Habitat Protection NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY 11790-3409 Attn: Compliance 5. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Howard W. Young last revised January 21, 2008. Page 2 of 5 Alk r NEW YORK STATE DEPARTMW OF ENVIRONMENTAL CONSERVAT Facility DEC ID 1-4738-03827 J 6. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 7. Precautions Against-Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 8. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed,the applicant shall,without expense to the State, and to such extent and in such time and manneras the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility._Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination: - 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal,modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of Page 3 of 5 Aft dahow NEW YORK STATE DEPARTMO OF ENVIRONMENTAL CONSERVAT* NOW Facility DEC ID 1-4738-03827 applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d.J newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e: ' noncompliance with previously issued permit conditions, orders of the commissioner; any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits,actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims,suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Page 4 of 5 NEW YORK STATE DEPARTNJDT OF ENVIRONMENTAL CONSERVATI Facility DEC ID 1-4735-03827 Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 5 of 5 y • MAILING ADDRESS: PLANNING BOARD MEMBERS a�pf SOpjP.O. Box 1179 MARTIN H.SIDOR ���` �/_ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L. EDWARDS �� 54375 State Route 25 GEORGE D.SOLOMON (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND l�COUrtV Southold, NY 11 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21, 2009 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board reviewed the application for the above referenced proposed standard subdivision at their July 20, 2009 work session. Based upon this review and discussion the following actions will be taken by the applicant: 1. The applicant will flag the top of bluff line for the property/ 2. Once flagged, the applicant with notify the Planning Board. ", Once the Planning Board has received notification of the flagged top of bluff line, a request will be made by the Planning Board to the Southold Town Trustees to verify the accuracy of the flagged top of bluff line. Further, the applicant is required to submit the following materials so that the Planning Board may continue to review the application for Preliminary approval: J/ V Show a tum-around at the terminus of the right-of-way pursuant to "( Southold Town Code § 240-45. Lots; streets; common driveways; flag lot design. A T-turn around is acceptable. Add a table showing the right-of-way acreage included within Lots 1 and 2. Six Draft Preliminary Road and Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. (1) Road and Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and Or type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. (2) Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: (a) Metes and bounds descriptions of all building lots indicating lot areas, proposed building envelopes and scenic buffer areas. (b) Utilities: indicate size and location of all below-grade utilities, including proposed water mains, electrical conduit and transformer pads. (c) Fire wells or fire hydrants. (d) The limits of all tidal and freshwater wetlands within 100 feet of the proposed development. (e) Topographical contours at an interval that will accurately depict the slope and contour of the site. (f) Road profiles and typical cross-sections. (g) Drainage calculations and design indicating all drainage structures and piping. (h) Test hole and boring data. (i) All existing and proposed easements indicating width, area and purpose. 0) Concrete survey monuments. (k) Curbing. (1) Sidewalks. (m) Streetlights. (n) Street trees, including size, type and specifications for placement. / (o) Street signs, indicating type and location. One Draft Performance Bond estimate Pursuant to §240-32 including: a. The amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, including but not limited to road clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. 4. One Draft Open Space Easement outlining the protection and use of the open space lands created by cluster development. A Tidal Wetland Permit from the New York State Department of Environmental Conservation. 0 A Suffolk County Water Authority Letter of Water Availability. 7. One Draft Covenants and Restrictions document containing the following clauses: a. Lot 1 clustered subdivision open space is equal to .08 acres or 3,199 square feet. This area is located within the open space area of Lot 1. b. Road Maintenance Agreement language outlining the responsibilities of each lot owner relative to the maintenance of the right-of-way. The agreement must include language required by the East Marion Fire District Board of Fire Commissioners. c. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. d. There shall be no future changes to any of the lot lines without Planning Board approval. e. There shall be no residential structures permitted on Open Space Area located within Lots 1 and 2. f. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on- site. g. Prior to any construction activity, the project will require a General Permit for the stormwater run-off from construction activity(GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. h. By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. i. All utilities must be located underground. j. All driveways shall be constructed of pervious materials. k. All structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. I. Landscaping of any or all of the lots shall consist of native, disease- resistant and drought-tolerant plants. 8. The submittal of the Park and Playground Fee in the amount of$7,000 ($7,000 for each new lot created). The Planning Board will continue to review the application as these items are submitted. If you have any question please do not hesitate to contact this office. Thank you. Tamara Sadoo Planner 0 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 20, 2009 4:00 p.m. Applications: Site Plans Protect name:_ T Sa-Wr Farms SCTM# 1000-101-2-24.5 Location: 3705 Alvah's Lane, Cutch_o ue -- -— -- - - -------- --- - Description: This amended agricultural site plan is to remove an existing greenhouse and replace it with an 8,558 square foot agricultural barn with loft and loading dock on a 1.837-acre parcel in the A-C Zoning District located on the west side of Alvah's Lane, approximately 1,855.07 feet south of the _ intersection of Alvah's Lane and CR 48, in C_utcho ue. Status: Amended Site Plan Action: Review site plan submission and recommend for the Planning Board to accept the application for review and refer the application out for I comment. -- - ---.----._--� Attachments: Pro'ec� t name:- Seven Eleven LS_CTM# 1000-142-1-27- - Location: __ n/e corner of Factory Avenue & NYS Route 25, Mattituck Description: This site plan is to convert an existing 1,950 sq. ft. gas station/convenience store to a single retail use (convenience store) with an addition of 685 sq. ft., for a total building area of 2,635 sq. ft. on a 24,829 sq. ft. parcel in the Business Zone_ _ Status: New Site Plan Action: Review comments with the Planning_Board Attachments: Staff Report -- ----- - - ---- --- -- - ------------------------- ---- Subdivisions rProject nam_e:_ _ Aries Estates/T_ ul - -_I SCTM#: 1000-22-3-2 - - Location: - The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Description: This proposal is for a standard subdivision of an 11.4418-acre parcel I into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of iopen space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. - - Status: Sketch Approval _ Action: Review requirements for preliminary approval and map submitted -verify to of bluff line_ Attachments: Timeline f CHARLES R.CUDDY Attorney at Law 445 Griffing Avenue Riverhead,New York 11901 Tel No.: (631)369-8200 Fax No:r(631)3� 94$0 T0: Tamara Sadoo, Town Planner Fax#:765-3136 TELECOPIER COVER SHEET Total Number of pages l including cover sheet. If transmission is faulty or incomplete,please inform us as soon as possible. " Operator: Zwona Date: July 9,2009 Comments: Re: ZIP Peconic Wells,LLC-Conservation Subdivision SCTM#1000-86-01-10.9 + Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Could we please meet to discuss the status of the ZIP Peconic Wells conservation subdivision and Shawn Tully 2 lots subdivision? Charles R. Cuddy This fax transmission together with materials following are intended for the person or persons named hereon and are considered confidendd information. /fyou have received this transmission in error,you are directed to return these materials Immediately by regular mall to the sender at the shove ad css. Postage Incurred for the return will be paid by r JUL - 9 7nng • PK CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FH NG AVENUE RIVERHEAD,NEW YORK Maung Address: TEL: (631)369-M) P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net May 12, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: In connection with the preliminary subdivision requirements, we are enclosing the following: 1. Application for Preliminary Plat Approval 2. Eight (8) prints of Preliminary Plat 3. Check in the sum of$1,000 representing an application fee Please place this matter on your agenda so we may appear and discuss any concerns that your department or the Planning Board may have. Very trulyyours,yours, Charles R Cuddy CRC:ik Enclosure 1 ', ���•-�� - � 5 2009 MAILING ADDRESS: PLANNING BOARD MEMBERS OF.S0p P.O. Box 1179 JERILYN R.WOODHOUSE O�a �•7Q Southold, NY 11971 Chair � y OFFICE LOCATION: KENNETH L. EDWARDS ? Town Hall Annex MARTIN H.SIDOR H 54375 State Route 25 GEORGE D.SOLOMON ���hhh (cor. Mein Rd. &Youngs Ave.) JOSEPH L.TOWNSEND f'�c4UNi'h Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 February 10, 2009 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 9, 2009: WHEREAS, this proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District; and WHEREAS, the Southold Town Planning Board granted Sketch Plan Approval upon the map entitled "Subdivision Map of Shawn Tully", dated March 30, 2006,and last revised January 21, 2008, prepared by Howard Young, L.S., on May 19, 2008; and WHEREAS, the applicant has been significantly delayed while, in good faith, seeking Health Department approval as well as receiving approval by the applicant's bank for the Health Department's covenant for this project; and WHEREAS, the applicant has therefore requested the Southold Town Planning Board grant an extension of Sketch Plan Approval in order to secure the bank's approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a retroactive Extension of Sketch Approval on the map entitled "Subdivision Map of Shawn Tully", dated March 30, 2006 and last revised January 21, 2008, prepared by Howard Young, L.S., from May 19, 2008 to May 19, 2009. If you have any questions regarding the above, please contact this office. Very truly yours, 6'/Jerilyn Chairperson 2/2/09 SAW Town Planning Board Work Sewn Pape Two Project name: Southwold Manor I SCTM#. 1000-63-3-15 Location: North side of Main Road, approximately 829' east of Boisseau Avenue, in Southold Description: This residential site plan is for the proposed construction of a 27-unit active adult condominium community consisting of eight (8) residential multiple dwelling buildings, four buildings with a footprint of 7,573 s.f., and four with a footprint of 7,695 s.f. Each building contains three units ranging in size from 2,700 s.f. to 2,958 s.f. The site plan also includes the conversion of an existing single family residence into three (3) affordable housing units, one at 891 s.f., and two at 1,121 s.f., a 370 s.f. detached garage, a two-story, 2,246 s.f. amenities building and a swimming pool and deck area covering 2,887 s.f. on a 6.75 acre parcel in the Hamlet Business Zoning District. Status: Review amended site plan application materials. Action: Consider accepting site plan application with revisions, and beginning the SEQRA process. Attachments: Staff Report Subdivisions: Project name: Aries Estates/Tull SCTM#: 1000-22-3-2 Location: Located at the westerly terminus of a private right-of-way which extends north from Ka lei h's Court in East Marion. Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open sace, in the R-80 Zoning District. Status: I Sketch Approval Action: Recommend granting extension of Sketch Approval. Attachments: letter from Charles Cuddy re: sketch extension request Project name: Conkling Point Estates I SCTM#: 1000-53-4-44.1 & 44.3 Location: Located on the west side of Kerwin Boulevard, approximately 575 feet west of August Lane, in Greenport. Description: This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 sq. ft. of buildable lands from SCTM#1000-53-4- 44.3 onto the subject property for the purposes of estabi ishing yield. Status: Conditional Sketch Approval Action: Discuss SC Planning Commission comments. Attachments: letter from SC Planning Commission dated 12/22/08 For Discussion: ■ ..Hamlet Implementation Panel: 2008 Year End Report (Continued) 2 01/29/2009 12:46 6313699060 PAGE 01/02 CHARLES R. CUDDY Attorneys at Law 445 Gifting Avenue Riverhead, New York 11901 Tel. #631-369-6200 Fax #631-369-9080 TO* &sura Sadoo, Planner Fax # 65= 1Z'6 ._. _._---.,.. TELECOPIER COMER SHEST Total number of pages including a cover sheet: 2 If transmission is faulty or incomplete, please inform us as soon as possible. Operator- Iwona Date: January 29, 2009 Comments: Re: Proposed Standard Subdivision of Miss Estates/Shawn Tully Pursuant to your request, please see attached letter. CharlesR. Cuddy fps peat traa�.i.saiou together with materials foilovi-ng axe intended £or the persoa or parsons named hereon and are Considered confidentted ial o ortu= •these ateyou have received this transmissiam -in orror, you maiS to the sondes a e direc above add SO. Ptage ineensr¢d immediately by regal .for the return nill be paid by this firm. ----------- ------------- ------------------------------------------------- c-7 , I i 01/29/2009 12:46 6313660 PAGE 02/02 �n r CHARLES R.CUDDY" ATTORNEY AT LAW 445 GRI FIANG AVENUE RIVERHEAD,NHW YORK TEL: (631)369.8V MAitg A&6.Lmi FAX: (631)369-9080 F,O.Bax 1547 January 12, 2009 "rizot3.net Rived/?ad,NY 11901 E-mail: cb.arlcs.cuddy@ Jerilyn B. Woodhouse, Chair of Southold Town Planning Board P.O. Box 1179 Southold,NY 11971. Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Woodhouse: For more than six(6)months my client has been dealing with the NYS DEC,has had to complete an Archaeological Reportfor this property and has just completed the DEC publication requirements to secure that agency approval. In addition to obtain health department approval, he has been required to have this department covenant to be consented to by his bank.The bank has resisted providing this consent and he has had to make a full application to the bank which is being reviewed in order to secure consent to the health department covenant. Once that is obtained,he will have health department approval.He will then be prepared to submit the preliminary plat together with the appropriate fees. Under these circumstances, we request that your approval of May 19,2008,be extended until May 2009. Very truly truly yours, L/�414, Charles R. Cuddy CRCAk Enc. cc. Mark Terry,Principal Planner m: ; CHARLES R.CUDDY i ATTORNEY AT LAW 445 GRI FEI NG AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead, NY 11901 E-mail: charles.cuddy@verizon.net January 22, 2009 Ms. Tamara Sadoo, Planner Town of Southold Planning Department PO Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Sadoo: Supplementing our previous correspondence,we are enclosing a permit from the NYS DEC granting approval to the Shawn Tully subdivision under Art. 25 of the Tidal Wetlands Law. Please include copy of the permit in the applicant's file. Very truly yours, 02 CRC:ik Charles R. Cuddy Enclosure 0 Am NEW YORK STATE DEPARTM NT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03827 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: SHAWN TULLY TULLY PROPERTY 535 W 23RD ST APT S 5K RIGHT OF WAY OFF KAYLEIGH'S CTISCTM# 1000-22-3-2 NEW YORK, NY 10011 EAST MARION, NY 11939 Facility Application Contact: CHARLES R CUDDY ATTORNEY AT LAW PO BOX 1547 RIVERHEAD,NY 11901 (631)369-8200 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: East Marion Facility Principal Reference Point: NYTM-E: 722.7 NYTM-N: 4557.7 Latitude: 41°08'24.2 Longitude: 72°20'47.5" Project Location: Right of way off Kayleigh's Court Authorized Activity: Subdivide 11.4418 acre parcel into a 7.68 acre parcel and a 3.67 acre parcel as shown on plans NYSDEC stamped approved on 1/12/2009. Permit Authorizations Tidal Wetlands-Under Article 25 Permit ID 1-4738-03827/00001 New Permit Effective Date: 1/12/2009 Expiration Date: 1/11/2014 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and bons ' luded as part of this permit. Permit Administrator:JOHN A W AND,D ty Regional Permit Administr for Address: NYSDE GION 1 ADQUARTERS S S O O 150 CIRCLE RD S O R 117 0 -3409 Authorized Signature Dat Page 1 of 5 NEW YORK STATE DEPARTMI�OF ENVIRONMENTAL CONSERVATI O Facility DEC ID 1-4738-03827 Distribution List CHARLES R CUDDY Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 2. No Easement for Structures This permit does not authorize the granting of easements for the construction of water access structures,mooring facilities, or other structures. 3. Approved Subdivision This permit authorizes only the approved subdivision of the subject parcel. The approved plans define the maximum extent and limit of approvable construction and disturbance given the current conditions at the project site. Individual permits must be obtained for development of each lot prior to construction or commencement of any regulated activities not specifically authorized by this permit. 4. Tidal Wetland Covenant The permittee shall incorporate the attached Covenant(or similar Department-approved language) to the deed for the property,where the project will be conducted and file it with the Clerk of SUFFOLK County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to Marine Habitat Protection NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK,NY 11790-3409 Attn: Compliance 5. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Howard W.Young last revised January 21, 2008. Page 2 of 5 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVAT• Facility DEC ID 1-4738-03827 6. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 7. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 8. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility.,Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal,modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of Page 3 of 5 NEW YORK STATE DEPARTMTiOF ENVIRONMENTAL CONSERVATI� 'Row Facility DEC ID 1-4738-03827 applications for permit renewal,modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY BROOK, NY 11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute,regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification - The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits,actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Page 4 of 5 0 0 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-03827 Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested in a person not a party to the permit. Page 5 of 5 CHARLES R.CUDDY Y, ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK MailmAddress: TEL: (631)369-8200 P.O. Box 1547 January 12, 2009 FAX: (631)369-9050 Riverhead,NY 11901 E-mail: eharles.cuddy@verizon.net Jerilyn B. Woodhouse, Chair of Southold Town Planning Board P.O. Box 1179 Southold,NY 11971 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully SCTM#1000-22-3-2 Dear Ms. Woodhouse: For more than six (6) months my client has been dealing with the NYS DEC, has had to complete an Archaeological Report for this property and has just completed the DEC publication requirements to secure that agency approval. In addition to obtain health department approval, he has been required to have this department covenant to be consented to by his bank.The bank has resisted providing this consent and he has had to make a full application to the bank which is being reviewed in order to secure consent to the health department covenant. Once that is obtained,he will have health department approval.He will then be prepared to submit the preliminary plat together with the appropriate fees. Under these circumstances, we request that your approval of May 19, 2008, be extended until May 2009. Very truly yours, 6 1--4, 2 \ Charles R. Cuddy CRC/ik Enc. cc. Mark Terry, Principal Planner i • CHARLES R.CUDDY is ATTORNEY AT LAW 445 GRI FFI NG AV ENUE RIVERHEAD,NEW YORK Mailing Address; TEL: (631)369-8200 P.O. Bnx 1547 FAX: (631)369-9080 Riverhead,NY 11901 December 17, ZD�g E-mail: charles.cmldy@verizon.net Mr. Mark Terry, Senior Planner Planning Department Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map#1000-22-3-2 Dear Mr. Terry: For your records, we are enclosing a Notice of Complete Application issued by the NYS DEC for the above subdivision. Please advise what in addition to the final application has to be submitted to secure final approval. Very truly yours, ✓ CharlessR.R. Cuddy CRC/ik Enc. 0 0 New York State Department of Environmental Conservation Division of Environmental Permits NYSDEC REGION 1 HEADQUARTERS Am SUNY @ STONY BROOK150 CIRCLE RD 116MAN STONY BROOK,NY 11790-3409 1W (631)444-0365 December 15, 2008 CHARLES R CUDDY ATTORNEY AT LAW PO BOX 1547 RIVERHEAD,NY 11901 Re: DEC ID# 1-4738-03827/00001 TULLY PROPERTY Dear Applicant Agent Please be advised that your application for a DEC permit(s) is complete and a technical review has commenced. Notice and the opportunity for public comment is required for this application. Enclosed is a Notice of Complete Application for your project. Please have the Notice published in the newspaper identified below once during the week of 12/22/2008 on any day Monday through Friday. The official newspaper of the Town(City)of SOUTHOLD. Contact the Town(City)Clerk's office to confirm the official newspaper. On the Notice of Complete Application,that information presented between the horizontal lines, on the enclosed page(s) should be published. Do not print this letter or the information contained below the second horizontal line. Please request the newspaper publisher to provide you with a Proof of Publication for the Notice. Upon receipt of the Proof of Publication promptly forward it to this office. You must provide the Proof of Publication before a final decision can be rendered on your application. You are responsible for paying the cost of publishing the Notice in the newspaper. Notification of this complete application is also being provided by this Department in the NYSDEC Environmental Notice Bulletin. This notification does not signify approval of your application for permit. Additional information may be requested from you at a future date, if deemed necessary to reach a decision on your application. Your project is classified major under the Uniform Procedures Act. Accordingly, a decision is due within 90 days of the date of this notice unless a public hearing is held, which may extend this time frame. If a public hearing is necessary, you will be notified. If you have any questions please contact me at the above address or phone number above. Sincerely, KENDALL P KLETT Division of Environmental Permits 0 THIS IS NOT A PERMIT Am New York State Department of Environmental Conservation Notice of Complete Application Date: 12/15/2008 Applicant: SHAWN TULLY Facility: TULLY PROPERTY RIGHT OF WAY OFF KAYLEIGH'S CTISCTM# 1000-22-3-2 EAST MARION,NY 11939 Application ID: 1-4738-03827/00001 Permits(s)Applied for: 1 -Article 25 Tidal Wetlands Project is located: in SOUTHOLD in SUFFOLK COUNTY Project Description: Applicant proposes to subdivide 11.4418 acre parcel into a 7.68 acre parcel and a 3.67 acre parcel. Project is located off Kayleigh's Court, East Marion. Availability of Application Documents: Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. State Environmental Quality Review(SEQR)Determination Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed. SEQR Lead Agency None Designated State Historic Preservation Act(SHPA)Determination A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP)has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required. Coastal Management This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act. • MAILING ADDRESS: PLANNING BOARD MEMBERS �a SQU G P.O. Box 1179 JERILYN B.WOODHOUSE 0� lyOl Southold, NY 11971 Chair Q OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON %� C- (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND �li�'COU,M Southold, NY I1 I 1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 20, 2008 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, May 19, 2008: WHEREAS, this proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District; and WHEREAS, an application and fee for sketch approval was submitted on May 31, 2006; and WHEREAS, on January 8, 2007, the East Marion Fire District Board of Commissioners issued a letter "requiring that a firewell be located 200' of each building envelope and access to the well site be provided" and "that the access roads are a minimum of 20' wide and 20' high per NYS Law"; and WHEREAS, on April 7, 2008, the East Marion Fire District Board of Commissioners inspected the entrance road which runs north from Kayleigh's Court and "found access for emergency equipment satisfactory'; and WHEREAS, the access roads must be maintained to a minimum of 20' wide and 20' high clearance devoid of structures or vegetation per East Marion Fire District Board of Commissioners and New York State Law; and WHEREAS, on April 1, 2008, the Town of Southold Board of Trustees issued a Letter of Non- jurisdiction for the proposed action; and Aries Estates Page Two May 20, 2008 WHEREAS, on April 3, 2008, the New York State Department of Environmental Conservation issued a Notice of Need for a Tidal Wetlands Permit for the proposed action; and WHEREAS, on March 10, 2008, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and WHEREAS, on May 7, 2008, the Suffolk County Department of Planning resolved to "disprove the action pursuant to Section A14-24 of the Suffolk County Administrative Code' and issued the following comment: "Several tax map parcels in the vicinity have similar access issues to this proposal. The Town may wish to consider the preparation of a "block study" or mini "Master Plan" for the area, wherein unified coordination of the development of a public right-of-way can be made possible via incremental implementation of the Plan"; and WHEREAS, the Planning Board has requested that the comment be implemented and determined that the action is not feasible due to the unwillingness of the property owners whom gain access over the right-of-way; therefore, be it RESOLVED, that the Southold Town Planning Board has considered the comment made by the Suffolk County Planning Commission and, due to the unwillingness of the adjacent property owners whom gain access over the right-of-way, have agreed to over-rule the comment; and be it FURTHER 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 the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map entitled Subdivision Map of Shawn Tully, dated March, 30 2006 and last revised January 21, 2008, prepared by Howard Young, L.S. In order to continue reviewing your application for Preliminary Plat Approval, the following must be submitted to this office: 1. The Preliminary Plat Approval Application and Fee. The Sketch Plan shall be revised as outlined below to meet the Preliminary Plat Requirements: a. Amend the title of the map to read `Reduced Density/Cluster Preliminary Plat of Shawn Tully". b. Add the name of the property owner to the Preliminary Plat.► c. Add the following notation to the plat and within the Open Space Area within Lot 1: `The open space area on Lot ontains )Wor 3;1Osquare feet of subdivision open space." 1,6 S 3 d. Label the Lot 1 and Lot 2 open space areas as "Town of Southold Conservation Easement Area✓ Aries Estates/ Page Three May 20. 2008 Depict a 100' non-disturbance/non-fertilization buffer landward from the top-of= bluff line. Include the following language in a Draft Covenants and Restrictions at, to be submitted to the Planning Board: "Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or n property. Notwithstanding the above, the non-disturbance/non-fertilization vegetation buffer area may be supplemented with additional native vegetation d subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited, The clearing of any kind is prohibited, except to maintain the "wood �1I1� ramp" access over Lot 2". Show th f i s of clearing on each proposed lot pursuant to Southold Town Code § 0-49 (A). Clearing. Show a turn-around at the terminus of the right-of-way pursuant to Southold Town Code § 240-45. Lots; streets; common driveways; flag lot design. A T- turn around is acceptable. h. Add a table showing the right-of-way acreage included within Lots 1 and 2. 2. Six Draft Preliminary Road and Drainage Plans showing all typical plans, sections, profiles, details and design calculations as needed or required to indicate the proposed construction and/or development. (1) Road and Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. (2) Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: (a) Metes and bounds descriptions of all building lots indicating lot areas, proposed building envelopes and scenic buffer areas. (b) Utilities: indicate size and location of all below-grade utilities, including proposed water mains, electrical conduit and transformer pads. (c) Fire wells or fire hydrants. (d) The limits of all tidal and freshwater wetlands within 100 feet of the proposed development. (e) Topographical contours at an interval that will accurately depict the slope and contour of the site. (f) Road profiles and typical cross-sections. (g) Drainage calculations and design indicating all drainage structures and piping. (h) Test hole and boring data. (i) All existing and proposed easements indicating width, area and purpose. Q) Concrete survey monuments. (k) Curbing. (1) Sidewalks. (m) Streetlights. (n) Street trees, including size, type and specifications for placement. (o) Street signs, indicating type and location. 3. One Draft Performance Bond estimate Pursuant to § 240-32 including: Aries Estates Page Four May 20, 2008 a. The amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, including but not limited to road clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. 4. One Draft Open Space Easement outlining the protection and use of the open space lands created by cluster development. 5. A Tidal Wetland Permit from the New York State Department of Environmental Conservation. 6. A Suffolk County Water Authority Letter of Water Availability. 7. One Draft Covenants and Restrictions document containing the following clauses: a. Lot 1 clustered subdivision open space is equal to .08 acres or 3,199 square feet. This area is located within the open space area of Lot 1. b. Road Maintenance Agreement language outlining the responsibilities of each lot owner relative to the maintenance of the right-of-way. The agreement must include language required by the East Marion Fire District Board of Fire Commissioners. c. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. d. There shall be no future changes to any of the lot lines without Planning Board approval. e. There shall be no residential structures permitted on Open Space Area located within Lots 1 and 2. f. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control Law of the Southold Town Code, all stormwater shall be retained on-site. g. Prior to any construction activity, the project will require a General Permit for the stormwater run-off from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. h. By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. i. All utilities must be located underground. j. All driveways shall be constructed of pervious materials. k. All structures with impervious materials shall control and retain surface water run-off through the use of gutters, leaders and subsurface drywells. I. Landscaping of any or all of the lots shall consist of native, disease-resistant and drought-tolerant plants. 8. The submittal of the Park and Playground Fee in the amount of $7,000 ($7,000 for each new lot created). Note that specifics regarding map changes, content of the Covenants and Restrictions and other legal documents and other submission requirements needed for subdivision Aries Estates Page Five May 20. 2008 approval will be provided to the applicant by the Planning Board upon completion of the environmental review and referral of the plans to the other involved agencies. The applicant is advised that Covenants and Restrictions and/or design changes may be required depending on comments received from other regulatory agencies, including the Town LWRP Coordinator, the Town Engineer and the Suffolk County Planning Commission. Therefore, this approval and all its conditions are subject to change. Sketch plan approval is valid for six months. Within six months of the date of this approval, a preliminary plat application must be submitted to this office unless an extension of time is requested and granted by the Planning Board. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Jerilyn B. Woodhouse Chairperson Encl. • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF soar P.O. Box 1179 JERILYN B.WOODHOUSE O�� '70l Southold, NY 11971 Chair h OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G Q 54375 State Route 25 GEORGE D.SOLOMON p (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND li�'COU'M Southold, NY I1 I 1 Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant May 19, 2008 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 of Aries Estates/Shawn Tully SCTM#: SCTM#1000-22-3-2 Location: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. 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 waAsed upon the following: • 1. It is estimated that the proposed 2 residential lots will use approximately 600 gallons of water per day. Sanitary disposal within the proposed subdivision will be managed by on- site underground sewage leaching systems. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within SCDHS Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is computed using SCDHS manual Standards for Approval of Plans and Construction for Sewage Disposal Systems for Other Than Single Family Residences. The manual establishes the design flow as follows: SINGLE FAMILY DWELLING:300 gpd X 2 dwellings = 600 gpd Therefore, the proposed application will conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality provided properly functioning systems are designed and installed. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; nor are a substantial increase in solid waste production; flooding, leaching or drainage problems expected to occur if the proposed action is implemented as planned. 2. 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. 3. 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 locations of the proposed lots are such as to avoid the bluff system of the property. The property is currently in early successional vegetation. Each lot is subject to clearing limits to preserve the existing vegetation. In addition, a conservation easement limiting clearing will be applied to 60 percent of the buildable land area. 4. 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 conforms to the zoning district. This proposal meets the Town's goal of preserving undeveloped land area as a result of mandatory clustering within the subdivision design 5. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. The dominant vegetative community type is successional field. The parcel is not within the archeological sensitive areas as depicted on the New York State Department of Parks and Historic preservation Circle or Squares Map. Additionally, no known archaeological resources have been identified on site. 6. No major change in the use of either the quantity or type of energy will occur. The two residential lots being created are not expected to have a significant impact on energy usage or resources. 2 • 7. No creation of a hOrd to human health will occur. • 8. 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. The standard subdivision will commit 60% or 6.175 acres of the buildable lands to perpetual open space. 9. 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: Mark Terry, Principal Planner Address: Southold Town Planning Board Telephone Number: (631) 765-1938 enc. cc: Suffolk County Planning Commission Suffolk County Department of Health Services 3 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 19, 2008 at 4:15 p.m. 4:154:30 p.m. Review Special Meeting Agenda resolutions 4:30 p.m. Special Meeting 4:45 p.m. Resume Work Session Subdivisions: Aries Estates/Tully SCTM#1000-22-3-2 Description: Standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District. Location: Westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. Action: Discuss Suffolk County Planning Commission response. Attachment: Suffolk County Planning Commission report dated 5/7/08 James Creek Landing SCTM#1000-122-3-1.4 Description: Subdivision of a split-zoned parcel into five lots where Lot 1 equals 40,686 sq. ft.; Lot 2 equals 33,007 sq. ft.; Lot 3 equals 44,986 sq. ft.; and Lot 4 equals 43,520 sq. ft. in the R-80 Zoning District. Lot 5 equals 77,747 sq. ft. and is located in the B Zoning District. The clustered open space is equal to 5.59 acres or 60% of the upland area. Location: West side of Main Road, approximately 280' south of New Suffolk Avenue in Mattituck. Action: Discuss subdivision site visit and findings. f 0 �� COUNTY OF SUFFOLK F'L a U STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES,AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING May 7, 2008 Town of Southold Planning Bd. 53095 Main Rd.-P.O. Box 1179 Southold, NY 11971 Re: Shawn Tully SCPC File No.: S-SD-08-02 SCTM No.: 1000 02200 0300 002000 Dear Sir: Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on May 7,2008 reviewed the above captioned application and after due study and deliberation resolved to disapprove it because of the following reasons: The proposal will result in the creation of an additional landlocked lot which is contrary to good subdivision layout principles and would exacerbate an already potential access problem for emergency and service equipment which could result in health, safety and welfare problems for the future residents of landlocked lots. Potential disputes could also arise in the future over the use and maintenance of the proposed right-of-way easement and common driveway. Comment: Several tax map parcels in the vicinity have similar access issues to this proposal. The Town may wish to consider the preparation of a"block study"or mini "Master Plan"for the area,wherein unified coordination of the development of a public right-of-way can be made possible via the incremental development of the area and the incremental implementation of the Plan. Very truly yours, Theodore R. Klein Senior Planner I TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR . P.O.BOX 6100 16311 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631853-4044 § 100-235. Access requirements. A. Street access. (1) No building shall be erected on a lot that does not have direct access to a public street in accordance with § 280-a of the Town Law. (2) All buildings and structures shall be so located as to provide safe and convenient access for servicing, fire and police protection and off-street parking and/or loading. B. Residential rear or flag lots and accessways. Any rear lot or flag lot occupied or to be occupied by a one-family dwelling shall have access thereto by means of an accessway, having a width of not less than fifteen(15) feet, serving only such lot. The area of the accessway shall not be included in determining the area of any lot. The front yard of any lot having access to a street by means of an accessway shall be the required front yard specified for the district in which the lot is located and shall be measured from the rear lot line to the front lot. C. All lots improved with a building or structure must ensure that access is at least fifteen (15) feet in width and at least fifteen (15) feet in height, subject to approval by the Building Inspector for residential structures. [Added 3-26-1991 by L.L. No. 8-1991; amended 6-11-1996 by L.L. No. 10-1996] 1 CHAPTER 5 FIRE SERVICE FEATURES SECTION 501 SECTION 503 GENERAL FIRE APPARATUS ACCESS ROADS 501.1 Scope.Fire service features for buildings,structures and 503.1 Where required. Fire apparatus access roads shall be premises shall comply with this chapter. provided and maintained in accordance with Sections 503.1.1 through 503.1.3. 501.2 Reserved. 503.1.1 Buildings and facilities. ApAraxed,fire apparatus 501.3 Construction documents.Construction documents for acgess!gads sha41 bg,.pgrov.d,_d for eyefy sycxla _W14mi;or proposed fire apparatus access, location of fire lanes and portion of-a building hereafter constructed or moved into or construction documents and hydraulic calculations for fire hy- within the jurisdiction.The fire apparatus access road shall N drant systems shall be submitted to the code enforcement offi- comply with the requirements of this section and shall ex- N cial for review and approval prior to construction. tend to within 150 feet(45 720 mm)of all portions of the fa- cility or any portion of the exterior wall of the first story of 501.4 Timing of installation. When fire apparatus access the building as measured by an approved route around the roads or a water supply for fire protection is required to be exterior of the building or facility. installed,such protection shall be installed and made service- Exceptions: <= able prior to and during the time of construction except when 1. The distance is permitted to be 300 feet(9 1440 tom) N approved alternative methods of protection are provided.Tem- where the building is equipped throughout with an N porary street signs shall be installed at each street intersection approved automatic sprinkler system installed in ac- when construction ofnew roadways allows passage by vehicles cordance with Section 903.3.1.1 or 903.3.1.2,when v in accordance with Section 505.2. approved by the code enforcement official. N 2. The distance is permitted to be 300 feet(91 440 mm) Q where fire apparatus access roads cannot be installed v due to location on property,topography,waterways, SECTION 502 non-negotiable grades or other similar conditions, DEFINITIONS and an approved alternative means of fire protection 502.1 Definitions.The following words and terms shall,for the is provided. N purposes of this chapter and as used elsewhere in this code, 3. Fire apparatus access roads are not required for one- N have the meanings shown herein and two-family dwelline�rge date by the Residen- N tial Code of New York State. and for not more than N " F]Rl A'FPARAT'OS ACCESS ROAD.AA oad that row_id_e�s two Group R-3 occupancies.,, a fire apparatus access from a fire station to a aci�ty,WmT1 ng or— 4. Fire apparatus access roads are not required for Y portion thereof. This is a general term inclusive of all other— Group U occupancies. N sn sue as re lane,public street,private street,parking lot503.1.2 Additional access.Additional fire apparatus access Y lane and access roadway. roads shall be required by the code enforcement official d FIRE COMMAND CENTER.The principal attended or on- based on the potential for impairment of a single road by ve- attended location where the status of the detection,alarm com- hide congestion,condition of terrain,climatic conditions or inunications,and control systems is displayed,and from which other factors that could limit access. the system(s)can be manually controlled. 503.1.3 High-piled storage.Fire department vehicle access to buildings used for high-piled combustible storage shall FIRE DEPARTMENT MASTER KEY.A limited issue key comply with the applicable provisions of Chapter 23. of special or controlled design to be carried by fire department officials in command which will open key boxes on specified 503.2 Specifications. Fire apparatus access roads shall be properties. installed and arranged in accordance with Sections 503.2.1 through 503.2.7. FIRE LANE.A road or other passageway developed to allow 503.2.1 Dimensions.Fire apparatus access roads shall have the passage of fire apparatus. A fire lane is not necessarily in- an unobstructed width ofnot less than 20feet(60,96mm),ex- tended for vehicular traffic other than fire apparatus. cept for approved security gates,in accordance with Section KEY BOX.Asecure.tamperproofdevice with alock operable 503.6,and anunobstructed vertical clearanceofnotless than only by a fire department master key:and containing building 13 feet 6 inches(4115 mm). entry keys and other keys that may be required for access in an 503.2.2 Authority.The code enforcement official shall have N emergency. the authority to require an increase in the minimum access FIRE CODE OF NEW YORK STATE 29 0 §F503 FIRE APPARATUS ACCESS ROADS §F503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with §F503 . 1.1 through 5F503 .1 .3 . §F503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility or any portion of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. EXCEPTIONS: <' 1. The distance is permitted to be 300 feet (91 440 mm) where the NY building is equipped throughout with an approved automatic sprinkler system installed in accordance with §F903 . 3 .1.1 or §F903 .3 .1.2, when NY approved by the code enforcement official. NY NY 2 . The distance is permitted to be 300 feet (91 440 mm) where fire NY apparatus access roads cannot be installed due to location on property, topography, waterways, non-negotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 3 . Fire apparatus access roads are not required for one- and two-family NY dwellings regulated by the Residential Code of New York State, and NY for not more than two Group R-3 occupancies. NY <- 4 . Fire apparatus access roads are not required for Group U NY occupancies . NY §F503.1.2 Additional access. Additional fire apparatus access roads shall be required by the code enforcement official based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. CHAPTER F5 FIRE SERVICE FEATURES §F501 GENERAL §F501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter. §F501.2 Reserved. <- §F501.3 Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the code enforcement official for review and approval prior to construction. NY §F501.4 Timing of installation. When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with §F505.2 . 5F505 PREMISES IDENTIFICATION §F505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identification placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12 .7 mm) . 5F505.2 Street or road signs. Streets and roads shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles . Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs . CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FHNG AV ENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 April 10, 2008 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: clrarles.cuddy@verizon.net Mr. Mark Terry, Senior Planner Planning Department Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map #1000-22-3-2 Dear Mr. Terry: Enclosed please find a letter from the East Marion Fire District in connection with the above matter confirming that access for emergency equipment meets its requirements. Very truly yours, Charles R. Cuddy CRC/ik Enc. MST MARION FIRE DIS*ICT Board of Fire Commissioners PO Box 131 - Main Road - East Marion, NY 11939 (631) 477-0163 Fax (631) 477-8310 40 Email: EMFDistrict(doptonline.net April 7, 2008 Charles R. Cuddy Attorney at Law 445 Griffing Ave. Riverhead, NY 11901 1 Re: Minor Subdivision-East Marion (Shawn Tully) Dear Mr. Cuddy, The Board of Fire Commissioners has inspected the entrance road which runs north from Kayleigh's Court and found access for emergency equipment satisfactory. Very truly yours, Walter Gaipa �— Fire District Secretary • # /V1 r New York State Department of Environmental Conservation (�(� Division of Environmental Permits, Region One SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 -3409 Phone: (631) 444-0403 FAX: (631) 444-0360 - Alexander B.Grannis Commissioner LEAD AGENCY COORDINATION RESPONSE �T April 3, 2008 Mark Terry Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 _ Re: LEAD AGENCY COORDINATION REQUEST Proposed Standard Subdivision of Aries Estates/Shawn Tully' Western end of private right-of-way which extends north from Kayleigh's Court East Marion, NY 11939 SCTM# 1000-22-3-2 Dear Mr. Terry: This letter is in response to your Lead Agency Coordination Request of March 11, 2008 for the above referenced 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. Please advise the applicant that this project will require a Tidal Wetlands Permit from this Department. If you have any questions, please call me at 631-444-0403. Sincerely, A Sherri Aicher Environmental Analyst r >`4 James F. King, President ��Of SOf/jy0P.O.Town Hall Jill M. Doherty,Vice-President A 1� Route 25 ,y, P.O. Box 1179 Peggy A. Dickerson T Southold,New York 11971-0959 Dave Bergen G • �O Telephone(631)765-1892 Bob Ghosio,Jr. O��COU0 0 Fax(631) 765-6641 BOARD OF TOWN TR7"I9M9-"-* � TOWN OF SOUTHOLD TO: Jerilyn B. Woodhouse, Chair - Planning Board Office FROM: Jill M. Doherty, Vice-President j Board of Trustees DATE: April 1, 2008 RE: PROPOSED STANDARD SUBDIVISION OF ARIES ESTATES/SHAWN TULLY LOCATED AT THE WESTERLY TERMINUS OF A PRIVATE RIGHT-OF-WAY WHICH EXTENDS NORTH FROM KAYLEIGH'S COURT IN EAST MARION SCTM# 22-3-2 ZONING DISTRICT: R-80 The Southold Town Board of Trustees reviewed your memo dated March 11, 2008 and determined the proposed standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. No construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. COUNTY OF SUFFOLK QIP (D STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES HUMAYUN J.CHAUDHRY, D.O., M.S. Commissioner March 24, 2008 Jerilyn Woodhouse, Chairperson Planning Board P.O. Box 1179 Southold, NY 11971 RE: Aries Estates/Shawn Tully SCTM#: 100-22-3-2 !f ' I Dear Ms. Woodhouse: The Suffolk County Department of Health Services (SCDHS; "Department") has received your letter dated March 11, 2008, concerning the above-referenced project, and has no objection to the Town of 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 not received an application for the above referenced project as required by Article VI of the Suffolk County Sanitary Code. The project sponsor should submit an application to our agency's Office of Wastewater at the earliest possible date so that a complete technical assessment of this proposal can be undertaken. PublioHee[th DIVISION OF ENVIRONMENTAL QUALITY P.....,.P.em 360 Yaphank Avenue, Suite 2B, Yaphank NY 11980(631) 852-5750 Fax(631)852-5812 . • B. SCDHS Turisdiction: 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. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-5057 Y ely, Gl Theresa Goergen Environmental Analyst Office of Ecology TG pc: Kimberly Shaw Walter Hilbert, P.E. �J��h f MAILING ADDRESS: PLANNING BOARD MEMBERSO f SOU P.O. Box 1179 JERILYN B.WOODHOUSE �0�� Ty�� Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR C/+ ,c 54375 State Route 25 GEORGE D.SOLOMON Z �O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDCOU'M'� Southold, NY 1111 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11, 2008 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion, SCTM#1000-22-3-2 Requested Action: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1 .4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R- 80 Zoning District. SEQRA Classification: O Type I (X) Unlisted Contact Person: Mark Terry, Principal Planner (631) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (X ) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, eJe�en Yh Gc7 rilyn dhouse Chair cc: 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 Suffolk County Planning Department' 'Maps are enclosed for your review • • MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE �OF SO(/jSouthold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS 4 Town Hall Annex MARTIN H. SIDOR CO- is 54375 State Route 25 GEORGE D.SOLOMON G �O (wr. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND �OIy000 ` �v Southold, NY 111` Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 11, 2008 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Proposed Standard Subdivision of Aries Estates/Shawn Tully Located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, March 10, 2008: WHEREAS, this proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District; and WHEREAS, an application and fee for sketch approval was submitted on May 31, 2006; and WHEREAS, on January 8, 2007, the East Marion Fire District Board of Commissioners issued a letter "requiring that a firewell be located 200' of each building envelope and access to the well site be provided" and "that the access roads are a minimum of 20' wide and 20' high per NYS Law'; and WHEREAS, the applicant has not demonstrated that the existing north-south 16' right- of-way meets the East Marion Fire District Board of Commissioners and Section 503: Fire Apparatus Roads of the New York State Requirements; therefore, be it RESOLVED, that the Southold Town Planning Board will not issue sketch plan approval until the East Marion Fire District Board of Commissioners determines, in writing, that the access satisfies the requirements; and be it further Aries Estates Page Two 3/11/08 RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this Unlisted Action. If you have any questions regarding the above, please contact this office. Very truly yours, 206y6n toodhouse Chairperson cc: Scoff Russell, Southold Town Supervisor Southold Town Trustees Southold Town Building Department* Southold Town LWRP Coordinator Southold Town Engineer* Suffolk County Department of Health Services* Suffolk County Planning Commission* Suffolk County Water Authority* New York State Department of Environmental Conservation — Stony Brook *with map AAr CHARLES R.CUDDY �P ATTORNEY AT LAW 445 GRI FFING AV ENUE a 1 RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-820 P.O. Box 1547 January 282008 FAX: (631)369-9080 , Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net Mr. Mark Terry, Senior Planner Planning Department Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map #1000-22-3-2 Dear Mr. Terry: Enclosed are ten (10) prints of the revised subdivision map which now shows the right of way running along the southerly and westerly edge of the parcel. This was done in order to avoid having two easements run side by side along the easterly line. The owner to the east accesses his parcel by right of way which runs at the easterly line of the subject parcel. Please confirm that this matter will be now placed on the Planning Board's agenda for sketch plan approval. Very truly yours, Charles R. Cuddy CRC/ik Enc. r CHARLES R.CUDDY Lsiurf"�, rl*p ATTORNEY AT LAW 445 GRIFFING AV FNUE RIVFRHEAD,NEW YORK Mail,. Ad&_e TEL: (631)369-8200 F.O. sox 1547 December 10 2007 FAX: (631)369-9080 rhe Rivead,NY 11901 ' E-mail: charles.cuddy@verizon.net Mr. Mark Terry, Senior Planner Planning Department Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map 91000-22-3-2 Dear Mr. Terry: Enclosed are eight (8) prints of the Reduced Density Cluster Plan last dated December 5, 2007, amended to exclude the common driveway easement from the open space, to make lots l&2 a consistent width in the buildable area and to indicate a proposed fire well. Very truly yours, aw� Charles R. Cuddy CRC/ik Enc. i �T CHARLES R.CUDDY ATTORNEY AT LAW 445GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.sox 1547 October 15 2007 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: chades.cuddy@verizon.net Mr. Anthony Trezza, Planning Department Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map #1000-22-3-2 Dear Mr. Trezza: Enclosed are six(6)prints of the Reduced Density Plan No. 3 last dated October 12,2007. This plan has been amended to move the common driveway to an area adjacent to the easterly line. V Please note that the common driveway is now 33 ft.wide and the improved area is 16 ft. wide. This was done in an effort to avoid the utility pole lines in the areas. Very truly yours, Charles R. Cuddy CRC/ik .. .. ..:... . Enc. I _..J I , L_ . hr f, It CHARLES R.CUDDY ATTORNEY AT LAW 445GRIFFINGAVFNUE RI V ERHEAD,NEW YORK Ma�lig+ Addreee: TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-90SO Riverhead,NY 11901 September 28, 2007 E-mail: charlee.cuddyCverizon.nel. Mr. Anthony Trezza, Planning Department Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map #1000-22-3-2 Dear Mr. Trezza: We are enclosing seven(7) copies of the revised subdivision map dated September 25, 2007. Very truly yours, Charles R. Cuddy CRC/ik Enc. r .PAGE 31/0" -5v AT CKLARLESKI.ClUDDY ATT,-'-,\+'. ,k7 I-Alr TSL, 1)369-� ' to FAX (C Septem18, 200 b Mr, Arwhu:,,% TILV,za PkT. .!A%.--LPa-rtmerlt Town J P.O. Boy. $Outholpi,M II97, Ite, Shawn Tully-Last I%jA rija liubdiv6ion TAX map 91000-22.5.2 Re: Njak-co %ubdivifiiart bear j%j, rr-7Zd' Inac.corthrice vj-di our discussion, I understand ftj the above matters will be on the Board's agenda next Monday, Sentettlicr It,2007. i will try to have the Marco's sketch map available. v e-,Y truly yours, Charles R. Cuddy Lnc. D { SEP 18 2001 Sout",011d lo*n Board c::'!l ARLES R.CUI DDY 4nI,,TZ,IF'I�ZGVF,h':T: TEL: it3J.}15;'-g2K, FAX. (x37.1 k-O-W& AUp �3, 200" t i, . � 1 F l..tl: ch}r,'eE _uaE�14r2e.zon.nec HA f.4C'SiVAE'-765.31"6 Ll- rinthon-. Trwz;z ., Phhmii e Ilepa-irtmenl Tc)ru.;,f sr.oOlc.A P.C. B(m '.I"") 3uudxrld, N� 19 ?. Re: Sharw"n.'rully-Fakt-Marlon Subdivision Tax map 11,1000-22-3 rteaT Mr. '11'9Z7. ; WOUld K1,1 please M"UIcr KOi)ert Wal aee of East Marion Fire Department and request that he p ,eparc rc.Tsar %tr li ,s' '.ing that he wis inspected the ar:-of the 1iai evs parcel(3CT1M*1000- :.6-3•A) and tb,; T-Xly parcel and that ±he right off way of those tw, parcels bas been sufficiently d^:arc(' v-, t'rw i =1'y parcel by fire mucks. I eccul.d apineciaw. your promptly canununicating with Mm. Very truly yours, Charle�s R. Cuddy v C1RC,rik - Elie, „ . x s 1r"iL t rpt �-r CHARLES R.CUDDY ATTORNEY AT LAW 445GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address_ TEL: (631)369-8200 P.O. Box 1547 March 8 2007 FAX: (631)369-9080 , Ri,erhead,NY 11901 E-mail: charles.cuddy@veri>yon.net Mr. Anthony Trezza, Planning Department Town of Southold P.O. Box 1179 Southold NY 11971 `{^ i L Re: Shawn Tully-East Marion Subdivision I Tax map #1000-22-3-2 Dear Mr. Trezza: Shawn Tully has contacted the three(3)owners on the west side of the right of way providing access to the parcel which is the subject of 2-lot subdivision. One owner was willing to discuss the expansion of the right of way. The second owner had no interest whatsoever in expanding the right of way and the third owner has not responded to repeated phone calls and correspondence. t Inder the circumstances Mr. Tully has made a good faith effort to comply with the Board's request. However, the responses clearly indicate that the right of way cannot be expanded. I would appreciate the opportunity to meet with the Planning Board at its next work session in order to proceed with the subdivision application. Very truly yours, Charles R. Cuddy'/ ? . c. CRC/ik Enc. -,rTownW Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt 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 Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 _ 22 _ 3 -2 The Application has been submitted to (check appropriate response): Town Board © Planning Dept. ® Building Dept. [3 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit,approval,license, certification: Nature and extent of action: Minnr Subdivision-2 lots on 11.4418 ac. parcel: 60. 1% to be preserved Location ofaction: Kayleigh's Court, East Marion, NY Site acreage: 11,4418 ac Present land use: residential Present zoning classification: R-80 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 applicant: Shawn Tully (b) Mailing address: 535 west 23rd street, Apt. S5x New York NY 10011 (c) Telephone number: Area Code ( ) (d) Application number,if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. 0 Yes ❑ No ❑ Not Applicable 60.1% of the parcel will be preserved as an open space Attach additional sheets 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 ❑ No I ] Not Applicable • 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 0 Yes Q No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria D Yes D No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 11 Yes 13 No []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. R Yes [] No® Not Applicable 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. See Section III —Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No x❑ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. 0 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. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YesEl No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES -policy, 10. Protect Southold's waor-dependent uses and promote sitinof new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. 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 ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No © Not Applicable CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AV ENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 November 28, 2006 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: ebarles_cucilycaverizon.nE£;;""- -77 Mr. Anthony Trezza, Planning Department " Town of Southold P.O. Box 1179 Southold,NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map 91000-22-3-2 Dear Mr. Trezza: We are enclosing eight(8)prints of the revised subdivision map showing the access right of way at the center of the lot. From our discussion we believe, this is appropriate, will provide an adequate access and satisfies the fire district. Please review the map and advise us when this matter will be placed before the Planning Board for further discussion. Very truly yours, 0 Charles R. Cuddy CRC/ik Enc. EAT MARION FIRE DISTRCT Board of Fire Commissioners PO Box 131 Main Road East Marion, NY 11939 (631) 477-0163 Fax (631) 477-8310 09 Email: EMFDistrict@optonline.net January 8, 2007 Anthony P. Trezza Senior Planner Town of Southold PO Box 1179 Southold,NY 11971 Re: Shawn Tully Subdivision Dear Mr. Trezza, The Board of Fire Commissioners and the Chiefs of the East Marion Fire Department have reviewed the submitted plans for Mr. Tully's subdivision and request that the firewell be located within 200' of each building envelope and access to the well site be provided. In addition that all access roads are a minimum of 20' wide and 20' high, per NYS law. Thank you for you assistance in this matter. 7Ve�YYours, Walter Gaipa Fire District Secretary '' JA 11 21n07 • MAILING ADDRESS: PLANNING BOARD MEMBERS pf SOUjP.O. Box 1179 JERILYN B.WOODHOUSE ��`�` �l0 Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L.EDWARDS rn zhc Town Hall Annex MARTIN H.SIDOR G Q 54375 State Route 25 GEORGE D. SOLOMON • �tS (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND AOUN Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 9, 2007 Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 A�2i6S fs�A-rEs Re: Proposed Standard Subdivision of Shawn Tully SCTM#1000-22-3-2 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board discussed the above-referenced subdivision application at their work session on January 8, 2007. Although the Board indicated that they have no objections to the proposed layout, including the incorporation of the open space within each lot, there is concern that the access will not meet the specifications of the Town Code. Specifically, it appears there is little or no ability to create a 25'-wide right-of-way with a 16'-wide road over the existing, privately-owned right-of-way that extends from Kayleigh's Court. It is our understanding that Mr. Tully also owns the adjoining parcel to the west, which has access from Star Drive. If this is the case, he could provide access to the subject property over the adjacent parcel to the west and meet the minimum specifications of the Town Code. The Planning Board supports this proposal and strongly recommends that the plan be revised accordingly. Please contact this office to if you have any questions regarding the above. Ve t o s, Anthon Trez Senior Planner 1212'%2006 1": :?5 6313599080 PAME 01/81 sr CHARLES R. CUDDY Attorney at Law 445 Griff,.ng Avenue Riverhead, New York 1190. Tel #631-369-82C0 Fax #631-369-9080 To: Anthony T.rezza Fax #: 765-3136 TELECOPIER COVER SHEET Total number of rages including cover sheet: 1 If transmission is faulty or incomplete, please informus as soon as pcasible. Operator: Swona Date: December 27, 2006 Comment s: Re: Minor subdivision-Shawn Tully SCTM#1000-22-3-2 Please advise when" tFe Planning 3oa.rd again will consider the eubdiviai.vn for Shaun Tully. Charles R. Cuddy ------------------------------------------------------------------------------ This £ar transmission together with materials £ollgvinq are Intended for the person or persons named hereon and are r_ensidered confidential ia£ormation. If you have received this transmission in error, you art directed co return these matariala immediately by regular mail to the sender at the above address. Postaga incurred for the return will be paid by this firm. -------------------------------------------------------------------------------- i MAILING ADDRESS: PLANNING BOARD MEMBERS �OF S0 P.O. Box 1179 JERILYN B.WOODHOUSE �0� Oj_ Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS C*V Town Hall Annex MARTIN H.SIDOR ar Q 54375 State Route 25 GEORGE D. SOLOMONl (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND �Co Southold, NY Cow 1' Telephone: 631 765-1938 Fax: 631 765.3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 30, 2006 Walter Gaipa, Secretary East Marion Fire District PO Box 131 East Marion, NY 11939 Dear Mr. Gaipa: Enclosed please find two (2) subdivision plans, dated last revised on April 7, 2006, for the Subdivision of Shawn Tully, located on the north side of Kayleigh's Court, east of Stars Road in East Marion. SCTM#1000-22-3-2. 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 or hydrants are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Ve urs, Anthonx. Trezza Senior Planner enc. James F. King,President ��tf SOUIyQ Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold, New York 11971-0959 Dave Bergen �0 Telephone(631) 765-1892 John HoL apfel Q� Fax Comm :,Jill Fell 4r 9 BOARD OF TOWN TRUSTEES ._— n TOWN OF SOUTHOLD MEMO Date: September 27, 2006 -- To: Anthony Trezza, Senior Planner ��11 From: Heather Cusack, Environmental Technician Jf C Re: Top of Bluff Verification SCTM#22-3-2 I inspected the above referenced property on August 10, 2006. The following are notes on the condition of the bluff, the Coastal Erosion Area, the buffer area, and my recommendations for protecting the sensitive areas that are under the jurisdiction of the Trustees. There is an existing brick house, which has been there for several years. The area seaward of the house, up to the edge of the ramp leading to the beach, was regraded at some point in the past. This was probably done many years ago, but because of it a natural bluff line does not exist in line with the properties on either side. The property slopes from the house down towards the bluff. There has been some tree removal close to the Coastal Erosion line and probably seaward of it as well. There are 2 large holes where large trees,probably Red Cedars have been removed. The area between the house and the bluff has very little topsoil; it is mostly sand, with some native grasses and some turf grass. There are also some small cedars that look like they have been planted recently; probably last spring. The wooden walkway to the beach is in disrepair; the Board of Trustees will require a permit to rebuild the walkway. There is significant erosion to the East of the walkway. The change in the slope to the bluff allows water to run over the edge of the bluff towards the water adding to the erosion. There is evidence of the impact of this action with erosion on the beach. There is no disturbance of any kind allowed seaward of the Coastal Erosion Line without a Coastal Erosion Permit from the Board of Trustees. In order to further protect the beach and bluff I recommend keeping a non turf 100' buffer landward of the bluff, and adding native plantings in this area. The survey shows the house to be 140' from the brick house to the top of bluff. I measured 100' from the eastern corner of the house to the top of bluff. It is 124' from the house to the walkway that leads to the beach. MAILING ADDRESS: PLANNING BOARD MEMBE 0 P.O. Box 1179 JERILYN B.WOODHOUSE `�Of svoTyolo Southold, NY 11971 Chair V` OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR G C 54375 State Route 25 GEORGE D.SOLOMON O (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSENDoIyCOUN� � � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Charles Cuddy, Esq. (fax # 631-369-9080) From: Anthony Trezza, Sr. Planner Date: August 17, 2006 Re: Standard Subdivision of Aries Estates (Shawn Tully) 1000-22-3-2 I noticed that the area of unbuildable lands shown on the sketch plan for the above- referenced subdivision is incorrect. The entire area seaward of the coastal erosion hazard area line needs to be excluded from buildable lands. Therefore, the map should be revised accordingly. In addition, as previously stated,it appears that the proposed access does not comply with the specifications of the Town Code. I suggest that we meet to address this issue before bringing the application back to the Planning Board. Please call to schedule. If you have any questions or need additional information, please feel free to contact this office. 07i 1: 2005 1 :19 5413599090 PACE 01/01 Sb� CHARLES R. C' DDY Attorney at Law 445 tariffing Avenue Riverhead, New York 711901 Tel #631-369-6200 Fax #631-369-9020 T0: Anthony Trezza Fax #: ?65-3136 TELECOPIER COVER SHEET Total number of pages including cover sheet: 1. If trransmis=ion is faulty or _ncompiete, please inform us as soon as possible. Operator: Iwona Date: July 11, 2006 Comments: Re: Minor subdivision-Shawn Tully sCTM#1000-22-3-2 Please confirm that you will be in a position to discuss the above subdivision at the next work session, Monday, July 24, 2005. Charles R. Cuddy ------------------------------------------------------------------------------- 22£a fax transmission together with materiais faiiering are intended for the person Cr persons named hereon and are considered Confidential infarmatior, rf you have received this transmission in error, you are directed to return these materials Immediately by regular mail to the sender at the above address. Postage incurred for the return will be paid by this firm. -------------------------------------------------------------------------------- q p ECEod � i JUL 1 1 2006 Sauthaitl Town Planning Board -1_1,11... - ,-1111... ..at..x�;s::;�nz..•. MAILING ADDRESS: PLANNING BOARD MEMBERS • P.O. Box 1179 JERILYN B.WOODHOUSE ��Of snaTyo Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS # Town Hall Annex MARTIN H.SIDOR y 54375 State Route 25 GEORGE D.SOLOMON �O (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND � a Southold, NY 1711 �` Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Charles Cuddy, Esq. (fax# 631-369-9080) From: Anthony Trezza, Sr. Planner Date: June 21, 2006 Re: Standard Subdivision of Aries Estates (Shawn Tully) 1000-22-3-2 The Planning Board reviewed the subdivision application at their work session on June 19, 2006. The map will be referred to the Office of the Town Engineer for a preliminary review of the proposed access. It appears that the access will need to be improved to meet the Town's specifications pursuant to Section A108 of the Town Code. In addition, the Board will refer the map to the Trustees for a verification of the top pf bluff as depicted on the subdivision plan. In the meantime, the Planning Board will initiate the SEQRA coordination at their work session on July 10, 2006. If you have any questions,please feel free to contact this office. MAILING ADDRESS: PLANNING BOARD MEMBE* • P.O. Box 1179 JERILYN B.WOODHOUSE �O-``�rjF soyolo Southold, NY 11971 Chair tel` OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H. SIDOR ria ac 54375 State Route 25 GEORGE D.SOLOMON �O (cor. Main Rd. &Youngs Ave.) JOSEPH L. TOWNSEND D�yCOWN Southold, NY IY 11 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Heather Cusack, Environmental Analyst Town of Southold Board of Trustees From: Anthony Trezza, Senior Planner Date: June 21, 2006 Re: Top of Bluff Verification 1000-22-3-2 fl cS �5E[ivC�t The Planning Board is in receipt of an application for a 2-lot subdivision involving the above-referenced property. Before the Planning Board is able to process the application and make a determination on the location of the building envelopes, the top of bluff need to be verified by your office. I have attached a copy of the sketch plan and the aerial photograph for your use. If you have any questions or need additional information, please feel free to contact this office. Thanks you for your assistance with this matter. r �3 ti t w � � x:Pti' ki7 ��''• r r - , x f 1 , I. , i' irk c y i s Y r � ♦ d y rc:R 3 : Y. Na +'� .: ♦ M1 1� Wim` x " SF CHARLES R.CUDDY ATTORNEY AT LAW 445 GRI FFING AVL-NUE RIVERHEAD,N0V YORK MailinUdress: TEL: (631)369-8200 P.O. 13,,x 1547 May 30, 2006 FAX: (631)369-9080 Ri,,A,ead, NY 11901 E-mail: cl,arles.cuddy(y'verizon.net Planning Board Town of Southold Q V LS P.O. Box 1179 Southold,NY 11971 J MAY i 2006 Re: Shawn Tully-East Marion Minor Subdivision J SCTM#1000-22-3-2 Southold Town `^ Planni Board K',. 771. Dear Board Members: In connection with the application for a minor subdivision of the property located at East Marion, New York enclosed please find the following: 1. Sketch Plan Application 2. Disclosure Affidavit 3. Authorization Letter 4. Long Environmental Assessment Form 5. LWRP Consistency Assessment Form 6. Eight (8) subdivision maps 7. Check in the sum of$2,000.00 8. A copy of a deed Please submit this application for review and advise when this matter will be the subject of the Planning Board hearing. Very truly yours, Charles R. Cuddy`'7rD CRC/ik Enc. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVER14EAD,NEW YORK Mailing Address. TEL: (631)369-8200 P.O. Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 April 10, 2006 E-mail: charles.cuddy@verizon.net Mr. Anthony Trezza, Planning Department Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Shawn Tully-East Marion Subdivision Tax map #1000-22-3-2 Dear Mr. Trezza: I'm enclosing a further map for the subdivision of Shawn Tully showing two(2) lots with a total of ' 60%agricultural open space. Please advise if you believe we are now in a position to proceed with the formal application and discuss this matter with the Planning Board. Very truly yours, Charles R. Cuddy CRC/ik Enc. ., DIE C 7- APA ? 2006 SOLt;iu0 d Town rv1 t:' • . _ d 4 � In •- p.•� f. J � ti` Y, :�r�• «. '� .(t p/..� {.� III L. _ x.AJ-^ rT s,J •• � t Y T. 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FOR PCL.ND. 2.9AIc1 E+ ryy FEE PCL.NO. eAsx.ncE, 5^ to v SEE SEC.NO. SEE SEC.NO. SEE SFC.NO. 542999 031-01-OII � t 031-OS-OOI.x Olt-OS-006 m u= ¢ .asYoz. r x s.a soo „...... 9£ NAVIN YATCH NAVIN—� Lw ,a uATCN—� LK SEE SEC.NO.031 WTCH LINE e W SEE SEC.NO.031 »„ro9 --„-- I..esB .,NWx a=„6F•IA6. wL IR NOTICE COUNTY OF SUFFOLK © E 1°° roFNa SOUTHOLD SECTION NO E 9F�ry.MxFe LeivYb+,W ie. rin .1wN ——— YlmmM1k,lW AFC • 2xF FOLLOW.. .111NCTi. E mxr.r�xxx., —�— ana.w°,Ww.xBaP+. (21) 0 .•mmr,,. --F-- m.ar„ro --F-- 9„H„m .„ I Red Property Tax Service Agency Y �, oz= 92, uWm NANTLNANOE,MtEnei SALE 9R o G u b,1 0 —__-- uro ,mx, U ..a.rnr.v. —-.—- +vmmrv.r u. —nF—— u6xr „]6 xmFp. .� CuntY Center RlverheDQ N Y 11901 uue3 u 022 2 2 p 11 . OSTOLI CO T Wr FMAP 6 Ff TIE �n�r sLFFax cawrr rex MAP n PRw991r6D scuE x REI: M srvm x ax,. sm a�W°x 1mr mr.Lr.iro PeF. N3vsE_ 6 1000 N _ 1re —___ P r..n.a.rva.vro—WW-- aeu�.Are6 9esrzutL. mH9lrt rwrrEx PFroAssaN aF TIE 9 A mo 9ss °z 23 v.x tza um oc 12.1A r Nn mn.r.tir -- -- vasu.ra � REeL PRreERTr Tex sEnva d.ENcr. P �'�� PROPERTY MPP uw+a 9� 12.1 A10 rR„u. �___— s...a•mar uro —_ —_ CONMA51(Ml pdrf: nn.19,1111 Project Status Report for Standard Subdivisions Proposal is for a standard subdivision of an 11.4418-acre parcel into two lots,where Lot 1 equals 3.7362 acres,including 1.4354 acres of open space,and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space,in the R-80 Zoning District. The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in Epst Marriott r x IW ten. t 1��yyF..tR2�2�5.t4ti[ � +t <} y , �t t�ij� i{ ,'�. `.w Sketch Application Dates Pre-Submission Conference SEQRA Determination Sketch Application Received (� L SC Planning Commission Referral , 11 C' `` Application Fees Paid �60o p �v �t� pSC Planning Commission Comments�11)04, ERSAP Submitted Fire Department Referral I I-30 --0 Yield Plan Submitted Fire Department Comments /-0 �0-7 Concept Design Determined Engineer Conference Fire Department Comments Sketch Plan Submission 3/-0 4 \/2)(DP SEQRA Coordination Conditional Sketch Approval I1"b Landscape Plan Sketch Approval Soil Conservation Plan NA? Preliminary Plat Application Dates(6 months after Sketch Plan 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 Scoping Session Final Plat Application Dates(6 months after Preliminary Plat Approval) Final Application Received Affordable Housing Fee Paid Application Fees Paid Administrative Fee Paid Molars 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 Endorsed by Chair Conservation Agreement LWRP Consistency Review Final Man Routing: Tax Assessors Building Department Land Preservation Highway Department Additional Notes: A ANXMG BOARD MEMBERS h�o�OgpFFD(,�cOGy (ylp�BoADDRESS: 1179 JERILYN B.WOODHOUSE O Southold,NY 11971 Chair O N • OFFICE LOCATION: EDWAR Town Hall Annex WILLIAM J. S y�f� ��� 54375 State Route 25 KENNETH L.EDWARDS - '� MARTIN H.SIDOR (cor. Main Rd. &Youngs Ave.) GEORGE D. SOLOMON Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Application for Preliminary Plat Approval APPLICATION IS HEREBY MADE to the Town of Southold Planning Board for PRELIMINARY PLAT APPROVAL for the subdivision described herein. I Name of Subdivision Aries Estates Subdivision 2. Suffolk County Tax Map# 1000-22-3-2 3. Hamlet EAst Marion 4. Street Address/ Kavleigh's Court (right pf,way) Project Location - 5. Zoning District R-80 6. Date of Submission My,, 2009 7. Sketch Plan Approval Date May 19, 2008 (extension granted February 9, 2009) 8. Acreage of Site 11.4418 ac 9. Parcel Yield 2 lots 10. Number of Lots Proposed 2 lots a. Number of Affordable Lots Required: N/A b. Number of Affordable Lots Proposed: N/A c. Alternative Method/Payment Proposed to Satisfy Affordable Housing Requirement: N/A 11. Acreage of Open Space 6.1725 ac. 12. Percentage of Open Space 60.1% 13. Range of Lot Sizes 3.7667 ac. to 7.6751 ac. 14. Average Lot Size 3.7667 ac. 15. Private or Public Streets Privatp Road (fight of way) 16. Length of Road(s) Final road and drainage plan to be submitted 17. Acreage of Road(s) Final road and drainage plan to be submitted 18. Does the Preliminary Plat differ from the Sketch Plan previously approved by the Planning Board? Explain. It is amended to address some comments of sketch plan approval resolution. 19. In addition to the application to the Town of Southold Planning Board, what other approvals are you seeking for this subdivision from state or(ther agencies?Please list other applications which are currently pending involving this project. If possible,please provide application reference numbers. . NYS DEC- apnroval granted as of January 12 2009 20. Application completed by [ ] owner ] agent [ ] other Signature of Preparer l Date S/'X -d - PLANNING BOARD MEMBERS O�OSQFFO( BENNETT ORLOWSKI,JR. �CO Town Hall, 53095 State Route 25 Chairman hZ' Gy� P.O. Box 1179 WILLIAM J.CREMERS H Southold, New York 11971-0959 KENNETH L.EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. ♦ Fax (631) 765-3136 RICHARD CAGGLANO - PLANNING BOARD OFFICE TOWN OF SOUTHOLD • Subdivision Application Form Name of Subdivision: ARIES ESTATES Suffolk County Tax Map# 1000-22-3-2 Type of Subdivision: Major Minor Set-Off Lot-Line Cluster Subdivision: Yes No Hamlet. East Marion Street Location: Kayleigh's Court (right of way) ir Acreage: 11.4418 ac. p E � � od � Number of Lots: two (2) lots MAY 3 1 2006 Zoning District: R-80 r e Southold Town a Planni Board Date: 04/02/06 "� � Please list name, mailing address, and phone number for the people below: Applicant: Shawn Tully 535 West 23rd Street Apt. S5K New York, NY 10011 Agent handling the application: Charles R. Cuddy, Esq. (Contact Person) P.O. Box 1547 Riverhead _ NY 11901 tel .# 369-8200 Property Owner(s): Aries Farar , T1 C 535 West 23rd Street Apt. S5K New York, NY 10011 Surveyor: Howard.lYoung 400 Ostrander Ave. Riverhead, NY 11901 tel.11727-2303 Engineer: Thomas C. wolpert 400 Ostrander Ave. Riverhead, NY 11901 tel. 11727-2303 Attorney: Charles R Cuddy Esa P.O. Box 1547 Riverhead, NY 11901 Other Agent(s): N/A Has this property had a previous application to the Planning Board? Yes No Has this property previously received a SEQRA review? Yes No Have you had any pre-submission conferences with the Planning Board? Yes No Does this application have variances from the Zoning Board of Appeals? Yes No Appl. No. Date Is this property adjacent to any bodies of water? Yes No Are there any wetlands on the property? Yes No Are there public water mains in an adjacent street? Yes No Is public water proposed for the subdivision? Yes No Are there any existing easements on the property? Yes No Is there a proposed sale of development rights on part of the property? Yes No Is there a mortgage on the property? Yes No Does the owner own any adjacent properties? Yes No Are there any building permits currently pending on this property? Yes No Signature ofPreparer Date APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to 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 NAME: Tully Shawn. Member of Aries Estates, LLC _ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, Indicate the other person 's or company 's name. ) NATURE OF APPLICATION. (Check all that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption fromplat or official map _ Other X (If "Other, " name the activity. ) Minor Subdivision Do you personally (or through your company, "polls", sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship- includes by blood, marriage, or business interest_ -Business interest- means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or -employment by) a corporation in which the town officer or employeeowns more than 5% of the share". YES NO X If you answered -YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold - Title or position of that person Describe the relationship between yourself ( the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee of his or her spouse, sibling, parent, or child is (check all that apply) , A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when tine applicant is a corporation) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant Is not a corporation) ; _ C) an officer, director, partner, or employee of Elie applicant; or D) the actual applicant. DESCRrPTION OF RELA'PIONSIIll1 Su hmLtted till lay ofM " 2006 V _y / Signature prinl. „ams Shawn Tully, Member ARIES ESTATES, LLC c/o Shawn Tully 535 West 23rd. Street, Apt. S5K New York,NY 10011 I, Shawn Tully, Member of Aries Estates, LLC, hereby authorize Charles R. Cuddy, Esq. to act as my agent on the property of SCTM#1000-22-3-2 in East Marion,NY, and handle all necessary work involved in the subdivision process with the Southold Town Planning Board . Aries E ates, LLC By: `- ")/ Shawn Tully, Member Sworn to before me this Q day of 2006. Notary Public 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 effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable,so indicate and specify each instance. NAME OF ACTION Aries Estates-Minor Subdivision LOCATION OF ACTION(Include Street Address, Municipality and County) Kayle gh's Court, East Marion, Town of Southold . BUSINESS TELEPHONE ,. NAME OF APPLICANTISPONSOR ( ) Shawn Tully AODRESS 535West 23rd Street, A t.SSK STATE ZIP CODE CiTYmo NY 10011 New 'York BUSINESS TELEPHONE NAME OF OWNER of different) Aries Estates, LLC ADDRESS 535 West 23rd Street A STATE ZIP CODE CITYIPO NY New York DESCRIPTION OF ACTION Minor Subdivision-two (2) lots 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: ❑Urban ❑Industrial ❑Commercial 15Residential(suburban) ❑Rural(non-farm) ❑Forest ❑Agriculture ❑Other 2. Total acreage of project area: _11 ,6419 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION R acres I a acres Meadow or Brushland (Non-agricultural) 5 acres _ 1 .5 — acres Forested 0acres 6.5 acres Agricultural (Includes orchards, cropland, pasture, etc.) 0 Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres — acres 0 acres _— n — acres Water Surface Area acres Unvegetated (Rock, earth or fill) acres 0.5 acres .5 acres Roads, buildings and other paved surfaces 0 1 acres Other (Indicate type) landscaping acres plymouth loamy sand 3. What is predominant soil type(s) on proje$ctt site% of site ®Moderately well drained 20 % of site a. Soil drainage: ®Well drained []Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NY Land Classification System? N/A acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑Yes E)No a. What is depth to bedrock? N/A (in feet) 2 5. Approximate percentage of proposed project site with slopes: 00-10% 100 % 010-15% % -015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Dyes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? Dyes 4]No 8. What is the depth of the water table? 0-22' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? byes ONO 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? Dyes ZINO 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑Yes [ANo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)- Dyes INNo Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? Dyes INNo If yes, explain 14. Does the present site include scenic views known to be important to the community? Dyes IJNo 15. Streams within or contiguous to project area: NIA 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 LI Sound b. Size (In acres) N/A 17. Is the site served by existing public utilities? IDYes ONO a) If Yes, does sufficient capacity exist to allow connection? ]Yes ONO b) If Yes, will improvements be necessary to allow connection? IRYes ONO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? Dyes Flo 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? Dyes IZINO 20. Has the site ever been used for the disposal of solid or hazardous wastes? Dyes ENO 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 11.4418 acres. b. Project acreage to be developed: A 'A379 acres initially; A '1172 acres ultimately. c. Project acreage to remain undeveloped 7. 1046 acres. d. Length of project, in miles: N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces existing 2 ; proposed 4 g. Maximum vehicular trips generated per hour 2 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially 2 Ultimately 2 I. Dimensions (in feet) of largest proposed structure zs height; sn width; 6n length. j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A ft. 3 2. How much natural material (i.e., rock, earth, etc.) will be removed from the site? tons/cubic yards 3. Will disturbed areas be reclaimed? ®Yes ❑No ❑NIA a. If yes, for what intended purpose is the site being reclaimed? to faci 11 tato rho proposed improvements b. Will topsoil be stockpiled for reclamation? Dyes ❑No C. Will upper subsoil be stockpiled for reclamation? ®Yes ❑No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed-from site? acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Dyes &No 6. If single phase project: Anticipated period of construction 18-24 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? Dyes ❑No 8. Will blasting occur during construction? Dyes IDNo 9. Number of jobs generated: during construction 10 ; after project is complete 0 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? VIYes ❑No If yes, explain existing one story brick house to be remove 12. Is surface liquid waste disposal involved? Dyes ®No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? R7Yes ❑No Type Sanitary 14. Will surface area of an existing water body increase or decrease by proposal? Dyes IDNo Explain 15. Is project or any portion of project located in a 100 year flood plain? &Yes ❑No 16. Will the project generate solid waste? ®Yes ❑No a. If yes, what is the amount per month 0.66 tons b. If yes, will an existing solid waste facility be used? (JYes ❑No C. If yes, give name Southold Transfer Station ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ®Yes ❑No e. If Yes, explain materials removed f - 17. Will the project involve the disposal of solid waste? Dyes ONo a. If yes, what is the anticipated rate of disposal? tonsfmonth. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? QYes ❑No i.e. lawn care 19. Will project routinely produce odors (more than one hour per day)? Dyes MNo 20. Will project produce operating noise exceeding the local ambient noise levels? Dyes EINo 21. Will project result in an increase in energy use? ]Yes ❑No If yes , indicate type(s) electric foss' 22. If water supply is from wells, indicate pumping capacity s gallons/minute. 23. Total anticipated water usage per day 600gallons/day. 24. Does project involve Local, State or Federal funding? Dyes Jallo If Yes, explain 4 25. Approvals Required: - Submittal Type Date City, Town, Village Board dYes tNO :City, Town, Village Planning Board nYes ❑No Minor Subdivision City, Town Zoning Board ❑Yes $)No City, County Health Department ®Yes ❑No Minor e„ livisien Other Local Agencies Dyes k]No Other Regional Agencies ❑Yes J3No State Agencies tlYes ❑No DEC approval Federal Agencies Dyes nNO C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? UYes ❑No If Yes, indicate decision required: ❑zoning amendment ❑zoning variance ❑special use permit ®subdivision ❑site plan ❑new/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? R-80 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 5 lots 4. ..What is the proposed zoning of the site? NJA 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? dYes ❑No 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? rP dP tial : R-90 8. Is the proposed action compatible with adjoining/surrounding land uses within a '/ mile? dYes ❑No 9. If the proposed action is the subdivision of land; how many lots are proposed? 2 lots a. What is the minimum lot size proposed? 4.0871 ac. 10. Will proposed action require any authorizations) for the formation of sewer or water districts? OYes ®No 11 . Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? Byes ❑No a. If yes, is existing capacity sufficient to handle projected demand? . byes ❑No 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes LNNo a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑No D. informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that th information provided above is true to the best of my knowledge. Applicant/Sponsor a e Shawn Tull for Aries Estates LLC Date I(Dfs Signature Title Member If the action is In the Coastal Area, and you area stale agency,complete the Coastal Assessment Form before proceeding with this assessment. 5 I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII I IIIIII (IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: CORRECTION/DEED/DCO Recorded: 03/18/2004 Number of Pages: 4 At: 10 :02:01 AM Receipt Number : 04-0030433 TRANSFER TAX NUMBER: 03 -34220 LIBER: D00012307 PAGE: 980 SHAWN TULLY ARIES ESTATES LLC District: Section: Block: Lot: 1000 022 .00 03 . 00 002 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0. 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $12 . 00 NO Handling $5 . 00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5 . 00 NO EA-STATE $50.00 NO TP-584 $5. 00 NO Notation $0.50 NO Cert.Copies $0 . 00 NO RPT $30.00 NO SCTM $0 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $127.50 TRANSFER TAX NUMBER: 03-34220 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 1 2 ` Number of pages F [ii 0P4 ;lar ul TORRENS =,r•ard P.rm :_ `..:n:_ Serial# cDFFi1Uk C-UNT'( L ".00012'307 Certificate# c •ar Prior Ctf. # Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES L Page/Filing Fee Mortgage Amt. Handling 1. Basic Tax _ TP-584 2. Additional Tax _ Notation �� 5� Sub Total EA-52 17(County) Sub Total Spec./Assit. EA-5217(State) J Or Spec./Add. R.P.T.S.A. ©�91�Cs� xl��lA TOT. MTG.TAX i _ Dual Town Dual County Comm. of Ed. 5 00 a Held for Apportionment Affidavit +;q Transfer Tax ��1 hO IMO t Certified Copy �% S(9� Mansion Tax The property covered by this mortgage is or Reg. Copy /' will be improved by a one or two family i Sub Total / O Sy dwelling only. Other �� YEs or NO GRAND TOTAL Z l If NO, see appropriate tax clause on page# —0f this instrument. S Real Property Tax Service Agency Verification 6 Community Preservation _und Dist. Section Block Lot C 'deration Amount $ Stamp 04011599 1000 02200 0300 002000 PF ax Due $ Date p T S Improved R Lwl -OAInitials 18-MAR Vacant Land lSatisfactions/Discharges/Releases List Property Owners Mailing Address TD /10 RECORD& RETURN TO: TD Charles R. Cuddy, Esq. TD 445 Griffing Ave. P.O. Box 1547 Riverhead, NY 11901 E# Title Company Information Co. Name Title # 9 Suffolk County Recording & Endorsement Page This page forms part of the attached CORRECTION DEED made by: (SPECIFY TYPE OF INSTRUMENT) Shawn Tully The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Aries Estates, LLC In the VILLAGE or HAMLET of East Marion BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. • CORRECTION DEED • NY 005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 25th day of February in the year 2004 BETWEEN SHAWN TULLY, residing at 3995 Private Road 111, East Marion, New York 11939 party of the first part,and ARIES ESTATES, LLC with office located at 12 White Street—Apt. 3, New York, NY 10013 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the SEE SCHEDULE "A" ANNEXED HERETO AND MADE A PART HEREOF BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated April 28, 200, and recorded on May 8, 2000, in Liber 12040 at page 839. THIS is a CORRECTION DEED to state the correct name of the party of the second part as ARIES ESTATES, LLC. TOGETHER with all right,title and interest,if any,of the party of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executedd th deed \the day and year first above written. IN PRESENCE OF: Shawn Tully USEACKNOWLEDGMENTFORMBELOWWITHINNEW YORKSTATE ONLK USE ACKNOWLEDGMENTFORMBELOWWITHINNEWYORK STATE ONLK- State of New York,County of Ne W Yo• }ss.:, State of New York.nty of }as.: S. On the 2$day of F4f0Cv k-j in the year Z�aN On the day of in the year before me,the undersigned Ppeers nally appeared before me,the undersigned,personally appeared Shawn Tully personally known to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted,executed the instrument. behalf of which the individual(s)acted,executed the instrument. THOMAS J. SCHOPPIR Notary Public, State of Now YoA No. O1 SC60051 FI Qualified In NOVI Yorwtory P is Commission Expires A,, ;1 . 60 10 C Aciavow E)GMENTFORMFOR USE WITHINNEW YORKSTATE ONLY, ACKNOWLEDGMENTFORMFOR USEOUTSIDENEW YORKSTATEONLY: /New York Subscribing Witness Acknowledgment Certificate) /Out of State or Foreign General Acknowledgment Certificate/ State of New York,County of }as.: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . }as.: (Complete Venue with State,Country,Province or Municipality) On the day of in the year before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted,who, being by me duly sworn, did depose and personally known to me or proved to me on the basis of satisfactory say that he/she/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed (ifthe place of residence is in a city,include the street andstreetnumber, the same in his/her/their capacity(ies),that by his/her/their signature(s) if any, thereof;that he/she/they know(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the instrument that said subscribing witness was present and saw said execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS TITLE NO. DISTRICT 1000 BLOCIKN 8.1080 Shawn Tully LOT 002000 COUNTY OR TOWN TO RECORDED AT REQUEST OF Aries Estates, LLC Fidelity National Title Insurance Company of New York RETURNIYMAILTO FIDELITY NATIONAL TITLE INSURANCE Charles R. Cuddy, Esq. 0 COMPANY OF NEW YORK 445 Griffing Ave. INCORPORATED 1928 P.O. BOX 1547 64 Fidelity-tel" Riverhead, NY 11901 Member Nr YWSmre rind Title As..o�iarian Lu O LL LL 0 a 2 IX G O O W LL LL W W N 7 2 O LL w O Q in N N ww w N L" SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described; RUNNING THENCE along the land now or formerly of Seremetris and Campbell, South 69 degrees 52 minutes 30 seconds West, 120.31 feet; THENCE along a subdivision entitled, "Map ofHighpoint Woods" filed 7/25/97 as Map No. 10035, South 87 degrees 48 minutes 30 seconds West, 210.60 feet to the land now or formerly of 172 Duffield St., Inc.; THENCE along said land,North 11 degrees 13 minutes 50 seconds West, 1,550.87 feet to the mean high water mark of Long Island Sound; THENCE easterly along the high water mark of Long Island Sound and along two tie lines the following two (2) courses and distances: (1) South 76 degrees 38 minutes 02 seconds East, 150.99 feet; (2) South 82 degrees 22 minutes 53 seconds East, 197.65 feet to the land now or formerly of D & D Trenching Corp. THENCE along said land, South 11 degrees 19 minutes 50 seconds East, 1,438.66 feet to the point or place of BEGINNING TOGETHER wit a right of way 10 feet in width from the southeasterly corner of the premises hereinabove described; the southerly line of said 40 foot right of w4y beginning at the southeasterly corner of the premises hereinabove described and running thence two (2) courses as follows: (1) North 69 degrees 52 minutes 30 seconds East, 90.76 feet actual (90.36 feet Deed);thence(2)North 75 degrees 12 minutes 50 seconds East, 88.17 feet to the westerly line of an existing right of way running southerly to the Main Road;and extending across said existing right of way to the Main Road to its easterly line. TOGETHER with all right, title and interest of, in and to any streets and roads abutting the above described premises, to the center line thereof f r Young & Young 29 3C 400 Ostrander Avenue, Riverhead, New York 11901 N 3 _Howard W. Young, Land Surveyor a � N Thomas C. Wolpert, Professional Engineer Robert C. Teul Arahiteot Douglas E. Adams, Professional Engineer W E .`IIL- i, OF WAY ; ( Ex15TvN'F �p ( 51TE DATA B LO 1 l .. Ht - TOTAL AREA = 11.4415 ACRES N6 LGB 2.0 �I7 N � 1 1 J � r aHp�. uw SLS RIM=33.00 LGB I., = " IN 'a.....'=-,N.�,,-,;z:.., ( u, 'O�i\gpl' b ce D V ,.w,.,'y RIM=27.00 �.,00� 4'D W E • TOTAL NUMBER LOTS G /s� 5p AI'1� ; IL- 1 c\ y nn ' pIBS'53'��E / • ZONING USE DISTRICT t rl,/ 88.09' r = R-60 31 o-3 '�� '"�4� ' " 100p = N.G.V. DATUM (MSL. 1929) R� 1 R=36.00' -ya i' \ ApUAVIEW L=50`.01' / >✓"` \ 0' VERTICAL DATUM TIE LINE MANE APPRGXIMATE ''-e 15�p q(e / , DR. 573°IO' �ocA�ON��OoS1' N' . '1 ry / ��y, O\ 1 � \6 p\' 2,5p"W sB �wBo v� m f vry� ry`5p' �1 ', 5�3 OPEN SPACE DATA ll2 �1,11� 550° TGE aF 'L315 15089211E 588°4431 E �� _ 3' y� '0 5�5'v2'� Ny� ,I TOTAL O COASTAL 3O' O 9I Q To H�LIM - r 86.81' 210.60' yA°5 merly ➢ RD - '- Co Z 4Of S @ p, TOTAL BLU F 6 BEACH AREA = 11.4415 868 ACRE A __ 58"1°48'30"W I now or Gompbell 'll S \ • -_- _ _ 1 Mortho Ari y 5arym8tlg \1'llll` -A • TOTAL BUILDABLE LANDS = 10.6550 ACRES er\nlsrnOrl Or FOrmaOyS 1 Stophonie Z ry1,111 (3 TOTAL OPEN SPACE = 6.3940 ACRES A ry _ '--r, Sa - Gamtlle PERCENT OF OPEN SPADE TO B 515Qotra 1 '1111 g ➢pp -- �_ _ .^\ tlGhord 10 91 1 ➢ TABLE OF AREAS UILDABLE AREA BLVD, lP \ ' 1 _- -( _.. _ - - __ _ L-Ot i\ O 91,11 = 6.3940 ACRES / 10.6550 ACRES = bO.p % 5UbdIV1510n LOT TOTAL LOT &-I1FPaBEAGH OPEN SPALE COMMON DRIVEWAY &IILDABLE IfyQOdS11 1 NIMBER AREA AREA AREA EASEMENT AREA AREA j -L` -iG a BUPF „HI hp Olnt O 10035 1 9.T66T AGRE5 03653 ACRE 7]39 ACRES 0.1367 ACRE 6316 AGRE5 N �( 'el CLUSTER DIMEN51ONAL REQUIREMENT5 A-=NWIaS - ��4 Q. 1 2 -Ib-151 AGREv 0.4015 ACRE 4,6711 AGRE6 OE515 ACRE I.T510 AGRE5 -low . -.�._'_' ._._ �. „ �� /muff. G Bp�GKS 1? ' '---'" '- J TOTAL5 ILMIe ACRES 0.1a65 ACRE 69940 ACRES 0AI ACRE 52505 ACRE5 ALL LOTS SHALL CONFORM TO THE R-80 ZONING USE APPROF +1'.SB. DISTRICT, EXCEPT FOR FRONT YARD SETBACK SHALL BE LmaN or '� W1 wlTC1 (( 20' MIN. AND LOT WIDTH SHALL BE 150' MIN. ocn LANITAPr 261 1 1 11 Z 11 1 cq 20I�"'r----�y r,oe'1�. S LOT I GLEA9IN6 1 \, 33.gn 25 0 ':.;%`-:''_'"- , 1 LOT AREA = 3.7661 AG. x 43,560 = 164,0'11 S.F. ENGINEER'S CERTIFICATION 1 lt��q--_ �' v MAXIMUM CLEARING, = 20.0% OR 52,815 5.F I HEREBY CERTIFY THAT THE WATER SUFPLY(5) AND/OR "[b 1 `1m1L ��r1" E - O�1 1 5EWArr P151-05AL SYSTEM(5) FOR THI5 PROJECT WERE fig@ KEY MAP " III ' L-E 1 r� Elul _- 1J> 1 DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A g'�° SCALE: I"=600' 1 r 1 �llpp�3� - "' 1 ARB^ ;:L{� 1 -I LOT 2 GLEARIN6 CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND T%6� 17< 1A,FeEA �_ ae�-� y W I I 1 O J GROUNDWATER CONDITIONS, ALL LOTS, A5 PROPOS yx y 1➢ - } -\- 1--_ LOB 4.0 7 - p O CONFORM TO THE SUFFOLK COUNTY DEPARTM O HE b�om LOT AREA = 1.6151 AG. x 43,560 = 334321 S.F. SERVICES CONSTRUCTION STAND, 5 IN Cu\cu ' 9 N p MAXIMUM CLEARNG = 15.0% OR 50,149 5.F 1 T: �+ 17 -� z5o to 1 00 N 1 rti 1 2p�j�I W DATE. ti` , ( 1 1 THff2 v FlRE, 7 v O I ,f d�„5 p0. FO N wul =yp 65 \ 1 R 56 q8' 1 "T 6 I � -� -n N'D11T' 1 1 HOWARD W YOUNG, NY.S L.S. NO. 45B93r7 n � iti 101.6 L ''r"y 06; THOMAS G. WOLPERT, PLY.S. P.E NO. 61403, l 5 N 250 �E % O 1, 1 DOUGLAS E. ADAMS, N.Y.S. Fr. NO 00091" `l � ))N TEST HOLE DATA I �� p p0, L 11�, 1 N N hyo 3J '" R x.55' s s SURVEYOR'S CERTIFICATION o 9 O 1 L,56.53 A0. pes ` 9 O i' a "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT ' Sy o \L p'EA D ' =� II z U TH#1 TH#2 COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF eddy a 3 �1X '5''91 T , OF. i= O 1 ' SOUTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECTION 215 H g ( 0 NSER' -[ 9 6 " , MAY s,3005 .ux 35,3005 OF THE N.Y.S. TOWN LAW 4 ARTICLE XVIII OF THE CODE OF THE NR `} O N 1: C, EASE T 1 O Mcz` N 6E05OIENCE WITNESSED BY SCHDS TOWN OF 50UTHOLD." � DRAINAGE DESIGN CRITERIA # CALCULATIONS do lm36511 , d o 0 1 �gpe 1V 3 A 3 F / G "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL O @ r C, 1S. 'a7.,n ' V! _, `�- 3e %1'(. i p;) s fl EL=53b' O.O• EL=55.1' on' SURVEYS COMPLETED FEB.Be,2006 AND THAT ALL TE e y 5�, m 1 3-/nu �� ( ,;a m I ,'G�� 1� TOPeoIL MONUMENTS SHOWN THUS: B ACTUALLY EXIST THEIR-�., @§x6 V = A R Gz 1 z �7, / Im p I O p os' `+,t a-E° A = AREA OF TRIBUTARY (SPP 9 'id + ( 'Y/ `L O q -Y7 ( / \•y` �q LOAM POSITIONS ARE CORRECTLY SHOWN AND AL .DIMFI"-15OM, L•�^qN R = RAINFALL (FTJ 0 L -aP za (j Ij I �o'� �i ////// 1 30 AND GEODETIC DETAILS ARE CORRECT." G COEFFICIENT OF RUNOFF -�p '( 1 I 1 � Ni- y / BRA ' l' e it-ion ,�,,[[�� / / I SILTY MEDNM `♦ �5_ -A'3 1' 3fi.15 ,35.Ct \6 �,\ . Z SANG FINE �� / el C � I I \ry Y', �� 15M) 5AN0LP/V�- /�,�/ ,:v, I & � d 1( 1 ev 00 a^ �` 1 e VEL U Y? d s B 1. 1 Inti �q �j LCalp 1 50' c REQUIRED VOLUME \ nfi OPBN SQAr'B II 3a e6, -l. �/, %y1pA 1 HOWARD W YOUNG, NY.S. L5. NO 45893'•, 290 L.F. OF DRIVEWAY ® 14' WIDE = 4,112 S.F. < AREA Lo I �'� 1 1 1 6w EL=z.6• sO.o' =ee 4,112 S.F. x 2/12 x 0.30 = 209 G F. �. Toyµ 'O Or fprmP'r y 1 1 weRawri" PROVIDED I POOL VOLUME x 4' DEEP = 214 GF 3- 1 @ 1� n Von GQtrQne v 1i OINNER s � �C �1 /1 __ X111 5A� ARIE5, LLC c/o SHAWN TULLY a �> FOYI- i�� - ]��� ( Balk ii5 1 ' (5NU m ^,�-: N1B44o'1'cY� � erl A I 535 WEST 23RD. STREET €elm REQUIRED VOLUME �' 1 '3"�.(-1 \ 162 q�� �,� or �m ly ojlnOtr 1 1 36A� APT. 55K yb �e 385 L.F. OF DRIVEWAY ® 14' WIDE = 5,390 5.F n �^H t `- ,1 i nQW Gam 2 111 NEW YORK, NEW YORK 10011 g�$ 5,390 S.F. x 2/12 x 0.30 = 210 G. LGB 3.0 t f QtrO 1 1 RIM 34.00 '-'l-\ . IGh d CUI 1 E PROVIDED VOLUME s ' `�\ :-.�`` r-. I, R� 1 �I 1 5USDIYISION MAP USE I POOL IO' DIA. x 4' DEEP = 214 G.F \(LIL 29p , 1 1 1 jE�b LCB 9.0 COM 'AONY .33.za� z W 5 1 xa5e REQUIRED VOLUME pRIVEWE t 1 I I - 's"' �) ] c. j W O, II , SHAWN TULLY ��eo Bp,SEM r S .31 aN 6 Ot J-- „E �gu = 512 L.F. OF DRIVEWAY ® 14' WIDE = 1,160 S.F. Suffolk County, New York _ ^ . %@ At East Marlon, Town of Southold 1,160 S.F. x 2/12 x 0.30 = 358 GF. �1 slso � '^i1 N ( 1 PROVIDED VOLUME USE I POOL 10' DIA. x 6' DEEP = 411 OF QP L -p ; 1 m1 I O I 1 County Tax Map )loo-mt 1000 sectio° 22 Block 3 Lot 2 i HS REQUIRED VOLUME 330 L.F. OF DRIVEWAY o I4' WIDE = 4020 S.F. (. �� 1 1 '32.97 MA / .area 'I' `D t REDUCED DENSITY/0LU5TER 4,620 S.F x 2/12 x 0.30 231 G.F. ( ;- _'. `, .' 2y gy S \,• c °, z o Lot 0 1� II 1 0 PRELIMINARY PLAT PROVIDED VOLUME USE I POOL 10' DIA. x 4' DEEP = 214 C.F LGB 2.0 ( i 1 r I 2a1�1 •(� I , G`.: 3 1 '.-� r t"a:=" Fill .00 m1r'L5 SEP 16 2009 j1 ! MAP PREPARED APR. 06 2009 �s�= loo 0 50 100 zoo Lot O 1 I T a I SCALE: I"=100' t]= MONUMENT SET ■= MONUMENT FOUND D= STAKE SET = STAKE FOUND JOB NO. 2006-0033 I OF 1 ,„""•"""' "� DWG. 2006_0033�DrBllminary_plGt Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 I II @ Howard W. Young, Land Surveyor N j hj Thomas C. Wolpert, Professional Engineer 1 i mr 1 Robert C. Tact, Architect 1I/ IH LINB SE Douglas E. Adams, Professional Engineer WE 11 _� Mp? . 'y R16NOo WpY yp TINe 1Op( N 51TE DATA 0 W N N TOTAL AREA = 11.4418 AGRE5 S LONG 11 11 1 TOW+ 542 p/ BT NN S.IcJ\7.'pQ,yO\' ��, TOTAL NUMBER LOTS = 2 ISL,4ND P T• 1 r� 4� logia SONG BUND "ILice ` 1 1 ` \� _ BB 0??� '�p0` • ZONING USE DISTRICT = R-60 /g R=56.00' .\ - 10 <AAb \I .\ �� yO0 � b '' � C VERTICAL DATUM = N.G.V. DATUM (MSL. 1929) AQUAV IEW TIE LINE ALON6 APPROXIMATE 1 �( ` S73° LI TEV O MARC As ` 5B1.49'30"'N N °j Tom, 0 525 W x 1 1 DR. //.2 I /OZ� LOCATED ON F®.B,2006 N ` roe aF =�'-- r' \z5o W w p\ , W E OPEN SPACE DATA � � 158.54' -J 6a� B6 , SIS°18�2°S ELu� ��` 0'�\' .� 515 N.9 1 ' 1� .19 588°4431E -- - _ \2 .1.80 3w, d To �°IM > B eRP Bae4 86.81' S8-1°148 30"W y�5 nota or p Gpmpp 11t y 5 i TOTAL AREA = 11.4418 ACRES Martha p0 Serertie `, '1 TOTAL BLUFF / BEACH AREA = 0.1569 ACRE 1 0� 40 °rly I StOphan �In1 y., Of no a, Q x 1 . TOTAL BUILDABLE LANDS = 102751 ACRES Gi5yotra 11 O sl 1, OPEN SPACE PARCEL 'A' = LbIBS ACRES as -_ _ }}-" -� LOt IQ I 0�I 11, . OPEN 5PAGE PARCEL 'B' = 45542 ACRES p BLVD. d 1 __L,nN-DlEivaeANr.F� ----------------- - 5ubdlvt5w1�0 Ods" \, r�oUTHERN y IDA-TSRTILI3A-- —______- TOP OF V+0I`A11 L�r '-_ ---- _?e � „Ht9hp�ne No, 1p035 1 TOTAL OPEN 5PAGE = 6.1125 ACRES 11 OO\ ....... E `j:�____-- � 5 1 • PERCENT OF OPEN SPACE TO BUILDABLE AREA 1I StORy\ x EXISTINb heJ.TO BE I 1 AppRO%� > ylo1K - 1O. ABAMJaIED IN Civ_ = 6.1125 ACRES / 10.2151 ACRES = 60.1 % 1 % PLCORDA CE WI H � 9¶ Y , 1 6- ; ,T,,y fiUr£OLK COUNTY HFALTH 6 - A y pEPARATION 1 p N 111 55Y5tEN' O` 1 - SPECIFICATIONS. 1 O 1 � r20' I 1 11 '� 1. Buildable 1 _�.-B�pdGble 25 LOT I GLEARIN6 1 1 Area 1 prea__ 3g 1 Lor AREA = 164,011 S.F. ENGINEER'S CERTIFICATION x 1 MAXIMUM GLEARIN6 = 20.0% OR 32,515 5.F I HEREBY CERTIFY THAT THE WATER SUFPLY(5) AND/OR a ' N -'� 1 SAMVRY- u>.1 �r o "1 -' �1 I SEWAGE DISPOSAL 5Y5TEM(5) FOR THIS PROJECT WERE Vis. `-, .Wm��n1To I fl O s° ,� > , DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON Aeo KEY MAP 111 - - �ANdo�WIN I T p Q Q 1 1, LOT 2 GLEARIN6 CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND wQ 1 GROUNDWATER CONDITIONS, ALL LOTS, A5 PROPO5 9 SCALE I"=600' 11 i 1o1.K TM` \' E 1® 9 9 IW 1 1 1 11 0 LOT AREA = 334,521 S.F. CONFORM TO THE SUFFOLK COUNTY DEPARTM OF oy�'r 1� i 1 1+1•AI— .rt �- @ (T 5J �- I [ SERVICES CONSTRUCTION STANDARDS IN 'AN +c= 1{ I '�IFW"A"T"DN`�' @ p 11 a., 1 O p MAXIMUM GLEARIN6 = 15.0% OR 50,149 5.F 1 Z BPFL --1 It Q ,O` Y 1 I 1 DATE. 'L C 1 ° 1 20, Si G'}0 rn 11 61 h� 14T i t._ �1 - IOty , 1 ° r7 F N 1 tH'"2 1 6 WIW �` N 11 1 Sf 3 1 1, T 3 °2 0 1 /i9/4C�Glit.� G ti`l'es QIZOPWEII 1 ¢IRE 9 n 520, t1� N O tN NI 11 HOWARD W. YOUNG, N.Y S. L5. NO. 45895n 'G,s 6140°' F� .§ 4 \\ ;o `t 1. 32 - 11 Q O'Q11 11 THOMAS G. . ADAMS, N.Y.S. P.E. NO. 61409 (V a €_ DOUGLAS E. ADAMS, N.Y.S. PE NO. 80691 ' 'i(JFES$1`�N',' Zy4.25��N I fl 3 1' TEST HOLE DATA g� Pa �r 16169 Al 1 V N Ln Vn Q 0 1 SURVEYOR'S CERTIFICATION ; 1 s,t "1 HEREBY CERTIFY THAT ALL LOTS 5HOWN ON THIS PLAT $t R=36.00' g O I O Z $ COMPLY WITH THE BUILDING ZONE ORDINANCE OF THE TOWN OF ei a 4� L=56.55' 1 c _ TH# TH#2 SQUTHOUD, EXCEPT AS MODIFIED PURSUANT TO SECTION 2-795 z P1 + MAY 15,2005 JUN.25,2205 OF THE N.Y.S. TOWN LAW E ARTICLE XVIII OF THE CODE OF THE NALD 6E0=LaF€� 1 11 O�1 MCDOIENCE WITNESSED BY mTOWN OF 50UTHOLD." Y SG5 RR I O O NI $ Ilx 3 1 \1 "I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL A1pE QQ A_ eL=g2,p o.a EL•55.1' o.o SURVEYS COMPLETED FEB.0X,2008 AND THAT ALL TE �6 — p 'O r 9 N , TOPSOIL MONUMENTS SHOWN THUS- ■ ACTUALLY EXIST THEIR- @� 5 0 It9 �L 7➢p i , 1 0 0, O5 P051710NS ARE CORRECTLY SHOWN AND AL 9 Ip �_$ jl p� W �� ` ry�a�0 AND GEODETIC DETAILS ARE CORRECT." 9 O W ➢ @ \ \_y / / 1 SILTY MmNM U Z O SAND SAFINE ND + � ,'. WHE 9 -13 1 6` 1 Nv1 HOWARD W YOUNG, N.Y.S. L5. NO. 45899 g 111 1 s "1 O 11 1 y 11`11 6W EL=2b' 30A' ` 4`) 3r. pormery 1 , ersa�ivNlN &0 orGotror OWNER a FINE TD t3 Ni COARSE ➢ 4' YJOn - 1 SAND ARIE5, LEG c/o SHAWN a �> 535 WEST 23RD. STREETEFT ao'lo" -�-orm rly Vnotr0 11 1` s5A' APT. 55K gag �e s 1 6299 noW or f CoTII1� ; NEW YORK, NEW YORK 10011 g c m 11 Rwhar Itr otr 1 �1 1 SUBDIVISION MAP e �� I 1 nM�U ' 1 1 SHANN TULL"r CC JEyOjpN,Y i r � LOtf 2 , it AG. � `0t q ,,_,�\11 1 _ ..� tat Ari/°`p x015 At East Marlon, Town of Southold anen to / \ BIuW 'bIV g-4.5 �1gh pg�=' c, `< I , y �4sa Suffolk Count , New York �f5� 1 Open 1 Area`BUi�dpble o NL�H� 3 � 'p � 1, County Tax Map ol.o-m<IOOO s•"tl°" 22 em�k 3 L°t 2 As 2009 lµ \1 REDUCED DENSITY/CLUSTER � 6 1 MpT \ m5 a m It 11 PRELIMINARY PLAT :.."r:=.,sir.:a,n' a 1 oW�+„ofi10' yzMENt IND O 14. 1 a� 1Nw -1155 ; MAP PREPARED APR. 06 2009 a Ferre 1 1 gt yet k 50 100 O 50 100 200 1 1 5 Na12006 I 9 , , JOB N 2006-0033 OF I , 1 DWG. 2006_0059-Orallminary,.{11at 0= MOWMENT SET 0= MONUMENT FOUNO A,= STAKE VET A= STAKE FOUND Young & Young �� N 400 Ostrander Avenue, Riverhead, New York 11901 yy 631-727-2303 Reward W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer �gya Ro6ert C. Test, Architect - _ Ronald E. Pfuhl, Landscape Architect W _ C Douglas E. Adams, Professional Engineer eo g 51TE DATA TOTAL AREA = 11.4418 ACRES <DNG S�p� LONG �5�� W „.�f E AOU ND SOUND TOTAL. OR '��'I„ ° VIEW L NUMBER LOTS = 2 TIME LINE ALONE APPROxI1MTE S73°/O, NL ATEO ON Fee,6,2OO5 ToeOF WASTAL - � `\ 1``'0.14' 565044'51"F- EROSION S �\ 66,61' • ZONING USE DISTRICT = R_60 ' HAZARDWv LINE \ VERTICAL DATUM �{I�+ = N.G.V. DAVM (M.S.L. 1929)� I _� 111 5au1HBRHevD „_ ,_ -- Match Line y OPEN SPACE DATA J -- t Tap II _ _ j - - r H•( OF TOTAL AREA 11.4410 ACRES _ - FLUFF x L $$. - } - RIS piu1 roar K t - f- - TOTAL BLUFF / BEACH AREA 0.5620 ACRE it _ - 1 11 �'egplcK SNo mice =sa. _ _ _ / • TOTAL BUILDABLE LANDS = 108598 ACRES �1 E LOT I AGRICULTURAL OPEN SPADE 1.4354 ACRES § leo s<a� _ 1 T ay • LOT 2 AGRICULTURAL OPEN SPACE = 5.0812 ACRES gqa 'I 1 9351. 1 e=as 1 (2 M� _ - - x- . F �T ` Q \ Q°W ' • TOTAL OPEN SPACE - 6.5226 ACRES g 1 k�,L �- 51. _ - �t--_ _ _ 0.6 LOCATION S MAP �1 -39.,a r �� sai 11� PRINER�GT DUg�NE ERUY 58 !°148'301 W � nor, or q GgmPb011 4 I "r''J"}' 6 v�nws E a, . TT� 1 \ S OF THI Martha v 5eremetl5 111 xi VST \ \ t PERCENT OF OPEN SPACE �I Iq gU1L1�lN ANT 1 tn,"�o F„ { �o' min ar formerly¢ 5taphanle \ p = 6.5226 ACRES / 10.0598 ACRES = 60.1 % OFF G I '� PRIHGIPpTED GOINGU70R ..,1 `r^ =- -'� ° °r ,1,-0 (45';des) no mills Sinatra 11 -a N gydITREHERI-'� THE Iof: �Z T )j )CS?-� 1_^ �1 @ 9 W,rl� both RwhaL t IOra 11 I ' "C of UT = 1ml+*' 1 $ n •j.; .' dlyi5lon 1 I a@ 0 50 °( i 2 n lA n Ia5 'F 45 min. i.- 1 O ,N \ 1 e 5Ub ads w A y� 1alder) II .3,e� 1 N,•�N rl' 9 el•IIG�1•1p 01t�� 10035 111 3��g G0. 1 1\ �, sTa 111 20' min. I 1 COMMON 1 $ Id ble`, r pk . (45 min ENO QF SEMENT dam 1. In bO 01605 VEWAY Ep' � 2O, 'In. TT �Ir I I" I I, 1" F both aid*" F tt7 11 11�I '�� b O 0 ENGINEER'S CERTIFICATION }� CEI1rr9TY�-T ' 1 fF 4 - _ r1. , 1 ,'\II HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR - +N(}�Tl-f•Ia '� r - N 1 O SEWAGE DISPOSAL SYSTEM(5) FOR THIS PROJECT WERE 211 lV "1 DESIGNED BY ME OR UNDER MY DIRECTION BASED UPON A Ip 0 9. 1 1D° O CAREFUL AND THOROUGH STUDY OF THE SOIL, 51TE AND _'� - 3 1 p 'T GROUNDWATER CONDITIONS, ALL LOTS, A5 PROPOS e 3 CONFORM 70 THE SUFFOLK COUNTY 1,O tl l 1_t l� �$_' IIII j SERVICES CONSTRUCTION 5N RADARDS NAEFTM +1 .� ILIL� 1 F}I � } = f+[ � O o DATE. + Vo- j`C`N J I f HIT -+� -. I N"fl6 1 11 fi'/ ,✓m3759dd L/. �'f/� dGGFi * i17r'( ' L 1 1 1 i THOMAS G WOUN( T, S. L P.E. NO 6148 / HOWARD W. YOUNG, N.Y S. L 5 NO 45093n 4 ' ' II r�ogjtur Pq� {'I SURVEYOR'S CERTIFICATION ill 1� r 1 111 1 1 NE 1 16 no" or On1 — M SreO 5 1 -I u former y 1 I �j V _ HbINARD W. YOUNG, N.Y.S. L.5 NO 45893 45N„ EL on GOtre _ 1 11 ly ,r `./1N�- n� Match Line (t � ' ETI' r _�-- , 1 h(1',I rl 20Pf =5�� 1 ( I OWNER I&ger .� � _-�formerly 5lnatra ` 'll QF WA' noW 0r (�am111e- 1. 1 su Icra a rwn \2.\ HT i - 1 TULLY SHAWN � � I IG ra 1 Poen ° ''(' ,cn:A M� �' II Ili _ IIT moo -xa a Cj rJ11'\_- � 1 II 535 WEST 23RD. STREET 'eg APT. N Y NE W YORK, NEW YORK 10011 �• s«. 1 SUBDIVISION MAP 43 SHAWN TULLY 56a= I 58"f°48'30"W � or, or formerbell �' I '1 � 013 n pmn GaarrOmetls 1 z I ` At Id 1 � " 1 or 4ormerly6 5arphanle V. 5 11\ o -�! � -� � II A East Marlon, Town of Southo noW 5lnatra I to h 1 1 `}' Suffolk County, Naw York 1 Camille d 5lnatra I 'I Z-100 Lot b 1 rn 1 I, RIGhaLot j0 I 1 II { O p I ^ I II O is 3 11 SUIbd1Vi woods' �� 1'1 _, 1 1'I 1. bounty Tax Map of°md 1000 s°em" 22 9mex 3 Lm 2 1 „Hlghp Fpe No, 10035 I 1 1 1p 1 I '1 �� �"� lI REDUCED DENSITY PLAN N0.3 5uff. Co ILot , 1 C- IN p 'I NCV. 2, 2006 6nb3 1 1 I OCT. 20, 2006 a APR. 7, 20066 MAP PREPARED MAR. 30, 2006 S�a �ebv SCALE, J08 NO. 2006-0033 IN Q UM MONUMENT SU 0 MONUMENT FWNO A - ETAKE SF! A- STAKE PWNO DWG. 2006_0033_raduced_denslty_9 or I NYoung & Young 400 Ostrander Avenue, Riverhead, New York 11901 631-727-2303 Howard M. Young, Land Surveyor Thomas C. Tolpert, Professional Engineer E Robert C. Taet, Architect �I' g W E Ronald E. PfuhL, Landscape Architect Douglas E. Adaana, Professional Engineer s 51TE DATA TOTAL AREA = 11.4418 ACRE-5 <DNG 1S`pn� LoNc, 15LAND � SOUND ACUAVIEW YY DR. o • TOTAL NUMBER LOTS = 2 TIE LINE ALOUD APPROXIMATE T. HIGH AATER MARK A5 `l°/O' I AT W ON FEE.B,3006 q ,•1n TOE OF F �' wA.STAL � I'�•14' E eultr 588044'81°E 86.81' ZONING USE DISTRICT = R-BO ala+ HAZARo LINE - • VERTICAL DATUM = N.6,11-DATUM (M.B.L. 19290 'Nil I I I I LONV � 1 11 1 SOUTHERNB b Match Llner =tl `- I OPEN SPACE DATA or- 1 TOTAL AREA = 11.4418 ACRES OIL H -/1 „ r�. ,�.� - - FoeT• ---- - - TOTAL BLUFF /BEACH AREA = 0.5520 ACRE p,ce,+0; 11 619 Ee„ce - - O uLw - 1 4p To w, 11 TOTAL BUILDABLE LANDS = 10.8598 ACRES p d a �g LOT I A6RIGULTURAL OPEN SPACE = LT5T3 ACRES � $$ LOT 2 AGRICULTURAL OPEN SPACE = 4.7653 ACRES gU11.D1NG MRLY - _ - •\20Z.gOey, �1I 't g LOCATION MAP 33 ie TOTAL OPEN SPADE = 6.5226 ACRES SCALE: I"=600' 1` g �1 - -' _ "e°°5 jg 'la PRIN� �t7 NOINE p 58'1°148'30"WA°5 nqW qr f�ampll , eta $� Th'l15 pnn emetle 11 , Y PERCENT OF OPEN SPACE Pa 11 MUST b -� OF + Martha v Ser , { = 6.5226 ACRES / 10.8598 ACRES - 60.1 % e LE 13UIL91NG19ENT = fl."� -� l now or 4ormerly� I 5tephgnle d1 O IVOR i� RINGIP COIN ll � ° Ille I, Sjnoa ''U eP ,V,+ P EREGTEt7 E PND/oR M� � _-e6 -��1� Gam Sinatra , '1 1. s�§ 51�UTH Ipy,�' THERE OF' 'n��e (' ��"'"} 1_, l�'j p 9�9Ti-� j (LlchaLOt 10 + 11.� 1 { qb A 1 `° Subdivision ds„ Ian e 1m o °`0 1 8ulPrea ' 1 1e: j +IY N j s „1i1ghpOlne No 10035 c yl o \ 1 3911 1 § c in min u \ 1 m'n I 16 1 d n " m1-L 1 b. both 51de5) 1 i p 1 . 5,.16 -� 0 Q3 0$ ENGINEER'S CERTIFICATION I HEREBY CERTIFY THAT THE WATER 5UPPLY(5) AND/OR Cn 'l 11 T 5EWAGE DISPOSAL 5YSTEM(5) FOR THIS PROJECT WERE _ 1 0 + OOO DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A 1 O CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND - - 9 3 �,I 11 9 3 GROUNDWATER CONDITIONS, ALL LOTS, AS PRO fl O 1 S N CONFORM TO THE SUFFOLK COUNTY DEPAR W 5- + ? SERVICES CONSTRUCTION STANDARDS IN T y Ffi 7 I +.' 3 O DATE. A� S I'V ,,,\ a - - I TTF i 9 HOWARD W. YOUNG, N.Y.S. L.S. NO. 45893n p - J I 9 THOMAS G. WOLPERT, N.Y.S ftE NO 61483 '91bFESSIO\�P� �t9 �¢ W O 1 _ S 1 Yl SURVEYOR'S CERTIFICATION � l '1 '-- /y + , 1 '{ ' PRopoSE WAY 1'4,1 ��pFNEIyY or L s b now orfor o mane n ��.as3g g forHOWARD W. YaUNb, .Y.S. L.S. NO. 45895 Match Line %- 1 _ +�; --�gormerly Sinatra '' 11 OWNER j or Ll' I'l PST. R16H Op WA -" d .1notr=GOm111e 1't 535 WEST 23RD. STREET a€ 'NLLY 5HAWN - .. VO-V .1 or_� , I, APT. 55K �a NEW YORK, NEW YORK 10011 1 6 SUBDIVISION MAP 1 5 N pl '1 210.80' _ SHAWN TULLY g + 587°48'50"W 1 `�A° nOV, or Tormenr�e11 \Ii; , i 1 Martte tha Sere -i _ ¢ I {0rmerly hanle 4. T �° At East Marion, Town of Southold I nqW or 51natra s 5t®P 1, to I 'i ? Suffolk County, New York t Gglnllle d Sinatra + +t Z'S0 Lot S 1 1 ' { ° 3 I Rlohar O ou ax o+ <M r s <+ e x L c Lat l0 { '_ 5 43 1 11 5ubd1 1lslon I 1 OdsC3 1 O F '1 G my T Map a.c 1000 e °� 22 1.o 3 ° 2 1 „HIghpolnt No 100',5 1 _ - 0 1 + c 5uff. GO Fj1e 0 Cj � REDUCED DENSITY PLAN NO.5 S '05 E -C V E +, 1 MAP PREPARED MAR. 30, 2006 �f�n � SPb� MAY 31 2006 SCALE: 1"-101 2aab-aaBB Na. JOB I ort s3& EI- MONUMENT SET � �MONOMENT FWNO 0- .E SET �� S,N(E FOONO JOB NO.o6_0055_reduced_denGlty_9 wn 1, Plenni Board Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 �� N 631-727-2303 Howard W, You g7 Lan.d Surveyor �a� N Thomas C. Wolpert, Professional Engineer U3 Robert C. Tast, Architect Ronald E. , W E Douglas E. Adams, Professional Engineer 3 5117E DATA �5 LONG �S��IVD W TOTAL AREA = 11.4418 ACS E RE <p SOUND ° AOUADVRIEW ' = 2 5.� =��N6 A�PPROXIMATc ° AS to LOCATED ON F®.B,2006 S roe of = ➢1 TORR OCTA )$0.19' E 588044'51"E SLUFF 86.81' ZONING USE DISTRICT R-50 HAZARD LINE O��O '( I VERTICAL DATUM = N.G V DATUM (M.S.L. 1929) `P pROp OF W�' 11 SOUTNEW'1 A - > e=_ _ ____ �°- Match Line - - - --, --I- - b OPEN 51FAGE DATA IT - AREA TOTAL- - - - - - - - - - 114415 ACRES II - - - - - - __ - - 710 = I u fi •"� l Fasr• -- -- _ _ -_-__- ---- - - aF2 -- • TOTAL BLUFF / BEACH AREA = 07869 ACRE • TOTAL BUILDABLE LANDS = 102751 AGRE5 • LOT I AGRICULTURAL OPEN SPACE = 1.6155 AGRE5 q I - ,92. •say] -' -- - - _ - �- ` 1 aB� 1 •5�a2 1 25. - -- - - - 11 � • LOT.2 AGRICULTURAL OPEN SPACE = 4.5542 ACRES *5' ' 1 5991. 1 /:wL X9988 . 1 _ O�� , S 11 - 3D .99.16 �1 3"'1" T_ ' 210.60' q•50' mefly TOTAL OPEN SPACE = 6.1725 ACRES LOCATION MAP - 0 o MoD" � " 5g 1°48'50"W �' or for be11 6 c �>pkp SCALE: I"=600' ', 1 1 ="B- \� 1 1 ^OW n Gamp tib ' Z e`8, 1 1 fl 3 ° , 1 1 Martha pe V. Serene PERCENT 25 ACRES /NI02751EAGRESI BUILDABLE AREA = 60.1 % Bis q "\ 0. m 9 � no" or atrayt St P °nzE bl,e v fl 11 form 1 e h \, O '1m 1 6 r06), 1 � Y O s r0 S-1 Gomllle 51" tro 1 n and p 1, _ B -T J fr 1, rr L , I pia 9905 1 9 i-0 _ 1 R 1 of lO N 1 �� 1' 'I O� IVISion ° 1 ( fi' s ° w 1 1 5ubd wOode„ s p µighp F11e Na. 10035 1 .99.11201 P N / 1 0 5uff. Co. 11 t'1 A B t)1 1 1 m 1 1 736' A 90 ENGINEER'S CERTIFICATION O O <W 1 111 G f I HEREBY CERTIFY THAT THE WATER SUPPLY(5) AND/OR 1 rn ,1 m O 5EWA5E DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE _ 0 DE5IGNED BY ME OR UNDER MY DIRECTION. BASED UPON A 3 _ CAREFUL AND THOROUGH STUDY OF THE SOIL, SITE AND D O - - - �5 '1 9 GROUNDWATER CONDITIONS, ALL LOTS, A-ORM TO THE 5JrPO 5 PROPOS Tl-- 3 W I j Oi SERVES CONSTRUCTION STANDARDS NAEF ti r ; F - - r- a. 0 II O� DATE. A 25, ' F - _ HH _ �`� 'T '� .�,fSC. /- - - n. u &� H HOWARD W. YOUNG, N.Y.S. L.S. NO, 45595n I .. THOMAS G WOLPERT N.Y.S. P.E. NO. 61453 RP s 1 SURVEYOR'S CERTIFICATION • HEREBY CERTIFY THAT THI5 MAP WAS MADE BY US FROM ACTUAL SURVEY COMPLETED BY U5 1 /J1 ON 1 s -1 - �. "1 a/�c�UL�//Jy/(✓�"°-t/ �I+� '� L� 16'ROWAY PPS 1'r+$ ,N�p pROpO W�� I'1(/ rUO onrf t oeey -111'111 HOWARD W. YOUNG, N5 Y5 L5. NO. 4589 Match Line I �LK6� }„ eK�H NOF WAS 11e Sinatra '1 I OW SER TU wN OUR r F N R LIL e d 5inatr�- 535 WEST 25RD. STREETpP rosT° , i _-IIL - .R , _ 1 1 11 APT. 55K AAAIU. C--. _ _ _ _ -- _LIQ ,-i , _ / 1 '� NEW YORK, NEW YORK 10011 g ��\ SUBDIVISION MAP 21060' a �° 5HANN TULLY ' 58'1°48'50"W or f`Gampbell ' 11 �- Mar�hQ At East Marlon, Town of Southold s 1 now Or formeQy 1 Stephanie 1 0 Suffolk County, New York �, Gail,llle 5lyatatro I '� S p '1 '{ 1 0 1 (zlchard 1 ➢ O'6 LOt 1 1 p 1 .I : u Dl.mm s..o°" 9m°E Lot O Go my Tax Map 1000 22 5 2 Lot 10 1 11 �` , � , 'll 1 ' 11 (, y, bdlv1 e REDUCED DEN5ITY CLUSTER PLAN SuVAO '1 ,Hi hpoint woo DIp35 CO. File Na. o (� ' fl 1 \' 1 '1 5uff. �, I ........_� 1 JAN. 21, 2006 DEC. 05, 200'1 1 OCT. 12, 200-f 1 SEP. 25,2007 1 MAY 05, 2007 `y5 NOV. 02, 2006 g g I 1 OCT. 20, 20063 APR. 07, 2006 y„SB MAP PREPARED MAR. 50, 2006 @� G 9ER Ek SCALE. *00' I 3 Q= MONUMENT SET MONUMENT FOUND 0= STAKE SET A= STAKE FOUND JOB NO. 2°06-0°55 OF ` JOB NO. Young & Young u N 400 Ostrander Avenue, Riverhead, New York 11901 ' 631-727-2303q�® Howard W. Young, Land Surveyor k �® a. N Thomas C. Volpbort C.t, Proasst, Architecnalt Engineer Edo Robert Pfuhl,Tast, Architect 6g Ronald E. dame, Landscape l Engiect neer yy 6 Douglas E. AdaTns, Professional Engtineer S SITE DATA LONG W E TOTAL AREA = 11.4415 ACRES I Y AOUDRIEW ISLAND SOUND • TOTAL NUMBER OTS = 2 TIE LINE ALONG APPROXIMATE S H16H WATER MARK AB LOCATED ON FEB.9,W06 d TOW 2.4$, T� A LOA6TAL - I .IQ' 5B$°44'91°E ZONING USE DISTRICT = R-BO ERosION HAZARC LINE A VERTICAL DAN = N.b.V. DATUM (MS L. 1929) wvoe �Ii -- _ _ - _ _ _ _ _ ___ _ _ OP OF yaP 11 �r1,, - - ----- - ----- - - - - -- , o H SOUTHERN EL A _--- =_ ____ Match Line -- -- - - - - _ - - -- - R STA+-W\DtN " OPEN SPACE DATA - _ �_ - - 11ecai "---- TopcoF I, --_ - - - R\6H� 1 TOTAL AREA = 11.4418 ACRES UL 11 `D - - - - - Di - • TOTAL BLUFF / BEACH AREA = O.-T569 ACRE 1 GP 51'® ''15TOP,Y � ��`_ ____ �� MIL • � -� __ _J WL]O i�� i / 0 I ,�• e J �Ge - -- _- - - -- - - - - - -- - �" 11 TOTAL BUILDABLE LADS = 10.2 ACRES § � a - -- - -- - ------ -- L¢ �� 1 • LOT I AGRICULTURAL OPEN SPACE = 1.2892 ACRES .32, 3492 _ 1 11 ' B�Oa 1 25' -- - ----- - - - - ---` 1 \ LOT 2 AbRIGULNRAL OPEN SPADE = 4.9969 ACRES °a 1\ I PIP,31, JI � -_-1 _ _ _ - -_ _ _ __ \2Q/,�/]0� \\ k LOCATION MAP ', EElsO 9B T6 94-13 ;99s9 210.60' S \�9 erly \ TOTAL OPEN SPADE = 62861 ACRES SCALE. I"=600' \,1 1 / 1 \ 1 6� �'°OO°IJ 5$'I°4'S'�v0"w 1\ ° Martha Ani 5ep0r^et5 1 11\I FERrENT OF 6 861 ACRES NI02"ISETO AGRESLDABLE AREA A 0 - }, c�0.61e 1 o fl r� noW or 5lnatray8 1 5tephonle a€§ ,m 1 red., I-1 -� aio 9n t9 13 Camille d 5lnatra 1 1, e .� -� a Rwhar 1 1 1 � N N 1 1 -at 10 _ v Toint A tWii 11 99n 1i �TI, o ➢W o /11 s HIghP Flle No 0035 1 l 3a 5uff. Go' �n \ N1 1 1p m 25 1 ' I ae?TS L'�J BL S- PROPELnL , ,1 -- --- - b �a 11 11 PIN 1 3 1 3 ENGINEER'S CERTIFICATION _ _ 9 1i • I HERESY CERTIFY THAT THE WATER 5UPPLY(5) AD/OR 7 - -- - - - p`L' 1 '1 O SEWAGE DISPOSAL SYSTEMS) FOR THIS PROJECT WERE a -f -- j- -- - - DESIGNED BY ME OR UNDER MY DIRECTION. BASED UPON A -- - - - - -- - --- - 1 CAREFUL AND THOROJi STUDY 7 THE IL, 517E 3 CROUDWATER CONDITIONS, A OLOTSE, A9OPROP05ED 5 IGOW -1 TO TFIE SUFFOLK �OJNTY N BERVIGE-1 C 0ONSTRUCTION STANDARDS W E Vg c 11 o ai.si5 DATE. O O 11 p 1 ,y ry, �. � -- - --__ - - - - -_- - -- - - EP5 4µTI @ 9 3 1 ,, �f A;,. .n,�,✓� . d�P>+ r ,- y jas> Q7U?l - - • _ - - '- -- - - - - - -- , 1 HOWARD W. YOUNG, N.Y.S. L.S. NO. 45593 bge " � '" - - F - -- � G WN.Y.S.I fls 1 THOMAS OLFERT, N.YP.E NO 6149 ;p .3 "T I�1 '�'ofiEssl6\aP�'� - _ c 1 O I ZP 5URVEYOR'S CERTIFICATION GOMpMjp°Y 1, • 1 HEREBY CERTIFY THAT THIS MAP WA5 MADE BY US FROM AGTIAL SURVEY COMPLETED BY U5. TE Lff _ 1 0 '\ 1 1 m' a ,. U • ---- --- - - -- ------ - --------- - -- - - -- - -_ OP�oF 11 n� °r / f PRH 25'> on LANDS °� y Match Line _- b RIptA�l"1\Vlo ` 1 �'- \ 1�, �5 -- - ----- ---- \0' --- ------- -- -- - - - ----------- \ - 1 OWNER .ab EK\9TH pP Wpb � '' now or fo�Qm 5inatro 1 1 - - _ R\�N \n_Qt_ri -- ' e 1 \\ .---- -- - 595 WE5T U. 5TREET � P@ .GGT• __._-. -.- _ - _ h aa` _ � RI=��� , 1 \\ u - - _. _ APT. 55K NEW YORK, NEW YORK 10011 •s" -- -- --- -- -- ------- - - - - - _ 1 €5 •949 - - - _ IL] ��� � � 111 � LOt q � ,1 a 5UBD I V 15I ON MAP O' '� / 111 n210.60' \252 , I �..._.- -- - 5g-1°48'90"W 56Q° n0W 0, q°rroerbell \I At East Mari own of Southold c � 3 _ SH/�WN TULLY 1 Gamp 1 O 5 t 5 - '� 1 Mlartha An V geremet15 1\ \ 111 _ ., on, T � or farmerly4 1 5tephanle � "h = 1 � ... �,,,,,,,,,, ,,,� � - G mills 51notrQ J` ° io .tt �' Suffolk County, New York 5lnatra , \, o-O \T• o 1 Richard , , LO \ O . Lot 10 ' 1\ O ' Du ol•o-me see<m� el°ek Lel I ^ 1 1 1 5ubdivi woody 1 1 a- � G my Tax Map 1000 22 3 2 „fit peolnt No 10035 13 O - �\ Vl 1' \' ql F11e 1 , fl REDUCED DENSITY GLU5TER PLAN 5uff. Go. ', N 1 Lot f 11 111 DSc. 05, 200-1 Ocr. 12, 200-T 1 SEP. 25, 200.7 1 MAY OB, 200"1 �:y3 x 1 1 1, NOV. 02,2006 ods€ 1 1 OCT. 20,200b aa` APR. OT,2006 9L MAP PREPARED MAR. 30,2006 tk IsbG SCALE: I"=100' a@ .100 NO. 2006-0035 0= MONUMENT SET 0 MONUMENT FOUND A STPNE SET A= ST1NE FOVNe I OF §1g DWS. 2006-0053-roduaed_derelby-4